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BIOMETHANATION PLANT
i
अहमदनगर महानगरपालका अहमदनगर
घनकचरा यवथापन वभाग
ई- नवदा 2032
ई -नवदा जाहरात 13 सन 2018-2019 दनाक-08032019
अहमदनगर महानगरपालका मािजहाधकार तथा आयत याया दनाक 08032019 रोजीया
मजर अampवय अहमदनगर महानगरपालका मालक)या ब+डगाव सव न34 या ठकाणी 5 TPD Veg व
5 TPD Nonveg Solid Wast peocessing BIOMETHANATION PLANT उभारणी क+न मत जनावराची
व क7लखाampयातन 9नमाण होणा-या मासजampय ओला कच-याची =वहवाट लावणकामी तसच शहरातील
दनदन हॉटल खानावळी व इतर ठकाणाहन 9नमाण होणा-या ओया कच-याची =वहवाट लावन
मथन DसबायोDस 9नमती Fकप करता लागणार मशनर परवठा क+नउभारणीकरण व अतगत
HथापIय काम करण व एक वषाकरता Fकप दखभाल व द+Hतीसह चाल=वणकामी खाजगी
एजampसीची 9नयती करणकामी दय दराया ऑन लाईन 9न=वदा माग=वNयात यत आह
Sr
No
Envelopes Start Date amp Time Expiry Date amp
Time
1 9न=वदा =वO) 08032019 1745 29032019 1745
2 ई 9न=वदा तयार करण 08032019 1745 02042019 1500
3 9न=वदा पव बठक माउप-आयत(सा)
याया दालनामUय
19032019 0400 -----
4 ताVWक व Xयापार लफाफा बद करण 02042019 1501 02042019 1745
5 9न=वदा दाखल करण 02042019 1746 04042019 1500
6 ताVWक लफाफा उघडण 04042019 1501 04042019 1745
7 Xयापार लफाफा उघडण 04042019 1746 05042019 1745
BIOMETHANATION PLANT
ii
कामाचा तपशल कामाची कालावधी
Fकप उभारणी
9न=वदा फाम
रकम +
बयाणा रकम
+
अहमदनगर महानगरपालका मालक)या ब+डगाव सव
न34 या ठकाणी 5 TPD Veg व 5 TPD Nonveg Solid
Wast peocessing BIOMETHANATION PLANT उभारणी
क+न मत जनावराची व क7लखाampयातन 9नमाण होणा-
या मासजampय ओला कच-याची =वहवाट लावणकामी
तसच शहरातील दनदन हॉटल खानावळी व इतर
ठकाणाहन 9नमाण होणा-या ओया कच-याची =वहवाट
लावन मथन DसबायोDस 9नमती Fकप करता
लागणार मशनर परवठा क+नउभारणीकरण व अतगत
HथापIय काम करण व एक वषाकरता Fकप दखभाल
व द+Hतीसह चाल=वणकामी बाबत
Fकप उभारणी
एक वष
+25000- +200000-
1) सदर कामाबाबत 9न=वदा अट शत इ बाबतचा सव तपशील 9न=वदा सचामUय व जाहर ट]डर नोटसमUय
नमद कलला असन 9न=वदा सच ऑनलाईन पहावयास उपल^ध आह
2) सदर कामाची 9न=वदा सच खरद _कमत व बयाणा र कम ऑनलाईन पU दतीन ICICI Bank च
खाIयावर भरावी
3) 9न=वदा =वO) httpamcmaharashtraetendersin या वबसाईटव+न फत ऑनलाईन चाल आह
4) वरल वबसाईट व+न 9न=वदामUय सहभागी होNयासाठ` बबसाईटवर यजर आयडी व पासवड बन=वण
बधनकारक आहयासाठ` _कवा ई -9न=वदा बाबत मागदशनास 020-30187500 या Oामाकावर सपक
करावा
5) वरल 9न=वदा सादरकरण िHवकती फत ऑनलाईन पUदतीन करNयात यईलपट पUदत पणपण बद
करNयात आल आह
6) 9न=वदा सादरकरण ह दोन पाक)ट पUदतीन(Technical व Commercial bid) करण आवaयक आह
7) 9न=वदा उघडNयाया अखरया दवशी कायालयीन सbट असयास 9न=वदा पढल कायालयीन
दनाकास
उघडNयात यईल
8) 9नध उपल^ धतनसार दयक अदा करN यात यईल
9)कोणतीह 9न=वदा Hवीकारणनाकारण अथवा रdद करण याबाबतच अ9तम अधकार
माआयतअहमदनगर महानगरपालका याना राहतील
BIOMETHANATION PLANT
iii
1)सलबद uuml ता+क लफाफा 1 पढल कागदपW असतील
1) सHथा नeदणी Fमाण पWाची साfा_कत Fत
2) कामगार भ=वgय 9नवाह 9नधी Fमाण पW
3) जीएसट Oमाक
4) सHथची मागील वषाची _कमान 1 कोट आथक उलाढाल असण आवaयक आह
5) पनकाड
6) 9न=वदाधारकास महानगरपालका अथवा अ वग नगरपालका मधील घनकचरा
XयवHथापन =वभागाकडस 5 मटन fमतच BIOMETHANATION PLANT परवठा
कलबाबत
7) आयकर =ववरण पW लगतच दोन वषाच
8)कामगार अपघात =वमा
9)भ=वgय 9नवाह 9नधी भरलबाबत मागील चलन
10)सबधीत कWाटदार यायावर कठयाह Fकारच आfप गampह (कचरा डपो हताळणवर) अस
नय
2)सलबद दराचा लफाफा 2
bull आपल दर पWक मUय मनपान ठकदारास अदा करNयात यणार रकम ह सोबत जोडलया
दर पWकात Vबनचक भारावी (खाडा खोड कh नय)
1) अटय त 9न=वदा =वचारात घतल जाणार नाहतसच 9न=वद F_Oया मदतीत दाखल दर बाबत
पampहा पW वगर _कवा इतर मागान कमी जाHत करता यणार नाहमनपा छाणनी समोर
9नणय घNयात यईल
2) यशHवी ठकक़दारास योkय _कमतीया Hटlप पपरवर करारनामा क+न dयावा लागल
3) यशHवी ठकदारास कामापोट 9नयमानसार अनामत रकम भरावी लागल
5)9न=वदा =वO)या शवटया दवशी सच Fाmत न झायास व िHवकती या शवटया दवशी
ऑन लाईन सादरकरण न झायास Iयाची सवHवी जबाबदार 9न=वदा धारकाची राहल
6)सव कागदपW अनOमाक टाकन अपलोड करावीत
7)9न=वदा उघडNयाया अखरया दवशी कायालयीन सbट असयास 9न=वदा पढल कायालयीन
दनाकास उघडNयात यईल
8)कोणतीह 9न=वदा Hवीकारणनाकारण अथवा रdद करण याबाबतच अ9तम अधकार
माआयतअहमदनगर महानगरपालका याना राहतील
9)ताVWक लफाफा उघडत वळी 9न=वदाधारक _कवा Iयाच अधकत F9त9नधी यानी 9न=वद मUय
Hकन क+न जोडलया कागद पWाच मळ Fती सादर कराXया
10)9न=वदाकारान ई-9न=वदा दाखल कयानतर जXहा मनपा आथक दर लफाफा उघडल Iयानतर
दराबाबत कोणतह फर फार _कवा Iयाबाबत पW सादर करता यणार नाह कदाचत एखाdया
9न=वदाकारान ऑन लाईन 9न=वदा मदत नतर अस दर सादर कयास Iयाचा =वचार कला जाणार
नाह
उपायत(कर)
अहमदनगर महानगरपालकाअनगर
BIOMETHANATION PLANT
iv
9न=वदा फॉम
अहमदनगर महानगरपालका अहमदनगर घनकचरा XयवHथापन =वभाग
9न=वद मधील तपशलानसार एकण रकमच दर पWक
कामाचा तपशील कामाची
कालावधी
Fकप
उभारणी
9न=वदाकारान नमद करावयाच दर सव
करासहत रकम +पय F9त 5 TPD fमतच
BIOMETHANATION PLANT व दखभाल
द+Hती बाबत F9त महना दर
मशीनर Xय9तरत
यणार इतर खच
नमद कराव
अहमदनगर महानगरपालका
मालक)या ब+डगाव सव न34
या ठकाणी 5 TPD Veg व 5 TPD Nonveg Solid Wast peocessing
BIOMETHANATION PLANT
उभारणी क+न मत जनावराची
व क7लखाampयातन 9नमाण
होणा-या मासजampय ओला कच-
याची =वहवाट लावणकामी
तसच शहरातील दनदन हॉटल
खानावळी व इतर ठकाणाहन
9नमाण होणा-या ओया कच-
याची =वहवाट लावन मथन
DसबायोDस 9नमती Fकप
करता लागणार मशनर
परवठा क+नउभारणीकरण व
अतगत HथापIय काम करण
व एक वषाकरता Fकप
दखभाल व द+Hतीसह
चाल=वणकामी बाबत
Fकप
उभारणी
एक वष व
दखभाल व
द+Hती एक
वषाकरता
1) अहमदनगर महानगरपालकस Veg 5 TPD
fमतच BIOMETHANATION PLANT
उभारणीसहच दर रकम +
(अfर-
)
2) अहमदनगर महानगरपालकस Nonveg 5
TPD fमतच BIOMETHANATION PLANT
उभारणीसहच दर रकम +
(अfर-
)
3)अहमदनगर महानगरपालकस Veg 5 TPD
fमतच BIOMETHANATION PLANT
दखभाल व द+Hती बाबत दर रकम +
(अfर-
)
BIOMETHANATION PLANT
v
4)अहमदनगर महानगरपालकस Nonveg 5
TPD fमतच BIOMETHANATION PLANT
दखभाल व द+Hती बाबत दर रकम +
(अfर-
)
9न=वदाया अट व शत मला माampय असन Iया Fमाण 9न=वदा दर भ+न सादर करत आह
9न=वदाधारकाची Hवाfर व
शका
नाव-
प7ा-
उपायत(कर)
अहमदनगर महानगरपालकाअनगर
ऑनलाईन ई नवदा फॉम0 1फ व बयाणा र3कम भरणक5रता सव0साधारण सचना
BIOMETHANATION PLANT
vi
The EMD applicable amount shall be paid via Online mode onlyIn case of EMD
exemptionvalid EMD Exemption Certificate
Note
Realisation of NEFTRTGS payment normally takes 2 to 24 hours so it is advised to make
sure that NEFTRTGS payment activity should be completed well before time
NEFTRTGS option will be depend on the amount of EMD
Help File regarding use of ePayment Gateway can be downloaded from eTendering portal
C) Terms and Conditions For Online-Payments
The Terms and Conditions contained herein shall apply to any person (ldquoUserrdquo) using the
services of hereinafter referred to as ldquoMerchantrdquo for making Tender fee and Earnest Money
Deposit(EMD) payments through an online Payment Gateway Service (ldquoServicerdquo) offered by
ICICI Bank Ltd in association with E Tendering Service provider and Payment Gateway
Service provider through Each User is therefore deemed to have read and accepted these
Terms and Conditions
Privacy Policy The Merchant respects and protects the privacy of the individuals that access the information and use the services provided through them Individually identifiable information about the User is not willfully disclosed to any third party without first receiving the Users permission as covered in this Privacy Policy This Privacy Policy describes Merchantrsquos treatment of personally identifiable information that Merchant collects when the User is on the Merchantrsquos website The Merchant does not collect any unique information about the User (such as Users name email address age gender etc) except when you specifically and knowingly provide such information on the Website Like any business interested in offering the highest quality of service to clients Merchant may from time to time send email to the User and other communication to tell the User about the various services features functionality and content offered by Merchants website or seek voluntary information fromThe User Please be aware however that Merchant will release specific personal information about the User if required to do so in the following cirumstances
in order to comply with any valid legal process such as a search warrant statute or
court order or available at time of opening the tender
if any of Userrsquos actions on our website violate the Terms of Service or any of our guidelines for specific services or
to protect or defend Merchantrsquos legal rights or property the Merchantrsquos site or the Users of
the site or
to investigate prevent or take action regarding illegal activities suspected fraud situations involving potential threats to the security integrity of Merchantrsquos websiteofferings
General Terms and Conditions For E-Payment
Once a User has accepted these Terms and Conditions he she may register on Merchantrsquos
website and avail the Services
Merchants rights obligations undertakings shall be subject to the laws in force in India as
BIOMETHANATION PLANT
vii
well as any directives procedures of Government of India and nothing contained in these Terms and Conditions shall be in derogation of Merchants right to comply with any law enforcement agencies request or requirements relating to any Userrsquos use of the website or information provided to or gathered by Merchant with respect to such use Each User accepts and agrees that the provision of details of his her use of the Website to regulators or police or to any other third party in order to resolve disputes or complaints which relate to the Website shall be at the absolute discretion of Merchant
If any part of these Terms and Conditions are determined to be invalid or unenforceable
pursuant to applicable law including but not limited to the warranty disclaimers and liability limitations set forth herein then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect
These Terms and Conditions constitute the entire agreement between the User and
Merchant These Terms and Conditions supersede all prior or contemporaneous communications and proposals whether electronic oral or written between the User and Merchant A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form
The entries in the books of Merchant andor the Payment Gateway Service Providers kept in
the ordinary course of business of Merchant andor the Payment Gateway Service Providers with regard to transactions covered under these Terms and Conditions and matters therein appearing shall be binding on the User and shall be conclusive proof of the genuineness and accuracy of the transaction
Refund For Charge Back Transaction In the event there is any claim for of charge back
by the User for any reason whatsoever such User shall immediately approach Merchant with his her claim details and claim refund from Merchant alone Such refund (if any) shall be effected only by Merchant via payment gateway or by means of a demand draft or such other means as Merchant deems appropriate No claims for refund charge back shall be made by any User to the Payment Gateway Service Provider(s) and in the event such claim is made it shall not be entertained
In these Terms and Conditions the term ldquoCharge Backrdquo shall mean approved and settled
credit card or net banking purchase transaction(s) which are at any time refused debited or charged back to merchant account (and shall also include similar debits to Payment Gateway Service Providers accounts if any) by the acquiring bank or credit card company for any reason whatsoever together with the bank fees penalties and other charges incidental thereto
Refund for fraudulentduplicate transaction(s) The User shall directly contact Merchant for any fraudulent transaction(s) on account of misuse of Card Bank details by a fraudulent individualparty and such issues shall be suitably addressed by Merchant alone in line with their policies and rules
Server Slow DownSession Timeout In case the Website or Payment Gateway Service
Providerrsquos webpage that is linked to the Website is experiencing any server related issues like lsquoslow downrsquo or lsquofailurersquo or lsquosession timeoutrsquo the User shall before initiating the second payment check whether hisher Bank Account has been debited or not and accordingly resort to one of the following options
i In case the Bank Account appears to be debited ensure that he she does not make the payment twice and immediately thereafter contact Merchant via e-mail or any other mode of contact as provided by Merchant to confirm payment
BIOMETHANATION PLANT
viii
ii In case the Bank Account is not debited the User may initiate a fresh transaction to make payment However the User agrees that under no circumstances the Payment Gateway Service Provider shall be held responsible for such fraudulentduplicate transactions and hence no claims should be raised to Payment Gateway Service Provider No communication received by the Payment Gateway Service Provider(s) in this regard shall be entertained by the Payment Gateway Service Provider
Limitation of Liability
Merchant has made this Service available to the User as a matter of convenience Merchant
expressly disclaims any claim or liability arising out of the provision of this Service The User agrees and acknowledges that he she shall be solely responsible for his her conduct and that Merchant reserves the right to terminate the rights to use of the Service immediately without giving any prior notice thereof
Merchant andor the Payment Gateway Service Providers shall not be liable for any
inaccuracy error or delay in or omission of (a) any data information or message or (b) the transmission or delivery of any such data information or message or (c) any loss or damage arising from or occasioned by any such inaccuracy error delay or omission non-performance or interruption in any such data information or message Under no circumstances shall the Merchant andor the Payment Gateway Service Providers its employees directors and its third party agents involved in processing delivering or managing the Services be liable for any direct indirect incidental special or consequential damages or any damages whatsoever including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Services
The Merchant and the Payment Gateway Service Provider(s) assume no liability whatsoever
for any monetary or other damage suffered by the User on account of
(I) the delay failure interruption or corruption of any data or other information transmitted in connection with use of the Payment Gateway or Services in connection thereto and or
(ii) any interruption or errors in the operation of the Payment Gateway
The User shall indemnify and hold harmless the Payment Gateway Service Provider(s) and Merchant and their respective officers directors agents and employees from any claim or demand or actions arising out of or in connection with the utilization of the Services
The User agrees that Merchant or any of its employees will not be held liable by the User for any loss or damages arising from your use of or reliance upon the information contained on the Website or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond Merchantrsquos reasonable control
Miscellaneous Conditions
1 Any waiver of any rights available to Merchant under these Terms and Conditions shall not mean that those rights are automatically waived
2 The User agrees understands and confirms that his her personal data including without limitation details relating to debit card credit card transmitted over the Internet may be susceptible to misuse hacking theft and or fraud and that Merchant or the Payment Gateway Service Provider(s) have no control over such matters
3 Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the User Merchant does not represent or guarantee that the
BIOMETHANATION PLANT
ix
use of the Services provided by through it will not result in theft andor unauthorized use of data over the Internet
4 The Merchant the Payment Gateway Service Provider(s) and its affiliates and associates shall not be liable at any time for any failure of performance error omission interruption deletion defect delay in operation or transmission computer virus communications line failure theft or destruction or unauthorized access to alteration of or use of information contained on the Website
5 The User may be required to create his her own User ID and Password in order to register and or use the Services provided by Merchant on the Website By accepting these Terms and Conditions the User agrees that his her User ID and Password are very important pieces of information and it shall be the Userrsquos own responsibility to keep them secure and confidential In furtherance hereof the User agrees to
Choose a new password whenever required for security reasons Keep his her User ID amp Password strictly confidential Be responsible for any transactions made by User under such User ID and Password
The User is hereby informed that Merchant will never ask the User for the Userrsquos password in an unsolicited phone call or in an unsolicited email The User is hereby required to sign out of his her Merchant account on the Website and close the web browser window when the transaction(s) have been completed This is to ensure that others cannot access the Userrsquos personal information and correspondence when the User happens to share a computer with someone else or is using a computer in a public place like a library or Internet cafeacute
DebitCredit Card Bank Account Details
The User agrees that the debitcredit card details provided by him her for use of the aforesaid Service(s) must be correct and accurate and that the User shall not use a debit credit card that is not lawfully owned by him her or the use of which is not authorized by the lawful owner thereof The User further agrees and undertakes to provide correct and valid debitcredit card details
The User may make his her payment(Tender FeeEarnest Money deposit) to Merchant by using a debitcredit card or through online banking account The User warrants agrees and confirms that when he she initiates a payment transaction andor issues an online payment instruction and provides his her card bank details
The User is fully and lawfully entitled to use such credit debit card bank account for such transactions
The User is responsible to ensure that the card bank account details provided by
him her are accurate The User is authorizing debit of the nominated card bank account for the payment of
Tender Fee and Earnest Money Deposit The User is responsible to ensure sufficient credit is available on the nominated card
bank account at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by the User inclusive of the applicable Fee
Personal Information
The User agrees that to the extent required or permitted by law Merchant and or the Payment Gateway Service Provider(s) may also collect use and disclose personal information in connection with security related or law enforcement investigations or in the course of cooperating with authorities or complying with legal requirements
BIOMETHANATION PLANT
x
The User agrees that any communication sent by the User vide e-mail shall imply release of
information therein therewith to Merchant The User agrees to be contacted via e-mail on such mails initiated by him her
In addition to the information already in the possession of Merchant and or the Payment Gateway Service Provider(s) Merchant may have collected similar information from the User in the past By entering the Website the User consents to the terms of Merchantrsquos information privacy policy and to our continued use of previously collected information By submitting the Userrsquos personal information to us the User will be treated as having given hisher permission for the processing of the Userrsquos personal data as set out herein
The User acknowledges and agrees that his her information will be managed in accordance with the laws for the time in force
Payment Gateway Disclaimer
The Service is provided in order to facilitate payment of Tender FeesEarnest Money Deposit online The Merchant or the Payment Gateway Service Provider(s) do not make any representation of any kind express or implied as to the operation of the Payment Gateway other than what is specified in the Website for this purpose By accepting agreeing to these Terms and Conditions the User expressly agrees that his her use of the aforesaid online payment service is entirely at own risk and responsibility of the User
The EMD if applicable will be paid via online mode or if exemption certificate is available then
valid certificate of exemption from payment of earnest money should be Scanned from
original copy Additional (Performance) Security (if Required) (copy to be Submitted as per
the tender Schedule)
After Tender opening the EMD of the unsucessfull bidder will be returned to account provided by the
bidder during the bid prepration as given in challan under Beneficiary Account Number
BIOMETHANATION PLANT
xi
Ahmednagar Municipal Corporation
TENDER FOR
ldquo DESIGN SUPPLY INSTALLATION ERECTION COMMISSIONING OF BIOMETHANATION
PLANT OF 5 TPD CAPACITY EACH X 2 NOS AND OPERATION amp MAINTENANCE FOR 1
YEAR AT BURUDGAON DEPO AHMEDNAGARrdquo
BIOMETHANATION PLANT
xii
Table of Contents
SECTION I INVITATION FOR TENDERS (IFT)
SECTION II INSTRUCTION TO TENDERERS
A Introduction
1 Eligible Tenderers
2 Cost of Tendering
B The Tender Documents
3 Contents of Tender Documents
4 Clarification of Tender Documents
5 Amendment of Tender Documents (l)
C Preparation of Tenders
6 Language of Tender
7 Documents Constituting the Tender
8 Tender Form
9 Tender Prices
10 Tender Currency
11 Documents Establishing Tenderers Eligibility and Qualifications
12 Documents Establishing Goods Eligibility and Conformity to Tender
Documents
13 Earnest Money Deposit
14 Period of Validity of Tenders
15 Format and Signing of Tender
D Submission of Bids
16 Bidding through E-Tendering System
17 Deadline for Submission of the Bids
18 Late Bids
19 Modification and Withdrawal of Bids
E Tender Opening and Evaluation of Tenders
20 Opening of Tenders by the Purchaser
21 Clarification of Tenders
23 Evaluation and Comparison of Tenders
24 Contacting the Purchaser
F Award of Contract
25 Post qualification
26 Award Criteria
27 Right to vary Quantities
BIOMETHANATION PLANT
xiii
28 Purchasers Right to Accept Any Tender and to Reject Any or All Tenders
29 Notification of Award
30 Signing of Contract
31 Performance Security
32 Corrupt or Fraudulent Practices
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information Inspection and Audit by the
Government
5 Patent Rights
6 Performance Security
7 Inspections and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in the Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
BIOMETHANATION PLANT
xiv
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
SECTION IV SPECIAL CONDITIONS OF CONTRACT
Special Conditions of Contract
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (Clause 27)
7 Notices (Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligations
12 Patent Rights
SECTION V SCHEDULE OF REQUIREMENTS
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
Annexure-1- Plant proposed
Annexure- 2 Other conditions
SECTION VII QUALIFICATION CRITERIA
SECTION VIII TENDER FORM
SECTION IX PRICE SCHEDULE FORMAT
SECTION X CONTRACT FORM
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
SECTION XII-Proforma for Performance Statement of Bidder
1
SECTION I INVITATION FOR TENDERS (IFT)
Date
No
The Ahmednagar Municipal Corporation (AMC) invites tenders from eligible tenderers for ldquoDesign supply installation erection
commissioning of Two Biomethanation plant of 5 TPD each
capacity with operation amp maintenance for 1 YEAR at Burudgaon
Depo Ahmednagarrdquo (place may be chamged as per necessory)
1 The tenderers shall submit tender for all the works under this
contract Part bidding of tender is not allowed
2 The Tender document is available online from e-portal and
bids are to be submitted online through the e-procurement portal
httpamcmaharashtraetendersin Bids submitted manually will
not be accepted One can view and download the tenders published
currently by logging on to httpamcmaharashtraetendersin
For submission of the bids the bidders are required to have Digital
Signature Certificate (DSC) from one of the authorized Certifying
Authorities as detailed in the website
31 Aspiring bidders who have not obtained the User ID and
Password for participating in e-tendering may obtain the same by
registering in the website The contractors once registered can
participate in any of the department tenders
32 The bidding is a single stage two cover system ie- two cover
system (First Cover (Technical) and Second Cover (Financial)) and
Operator to be selected on Least Cost Selection (LCS)
3 Bidders are required to pay online the tender processing fee as
detailed in the website
Note (The non-refundable Tender processing fee details is available
on the e-procurement website)
4 A Pre-bid Meeting will be held at the Office of ldquoCommissioner
Ahmednagar Municipal Corporationrdquo to clarify the issues and to
2
answer questions on any matter that may be raised at that stage as
stated in Clause 92 of lsquoInstructions to Biddersrsquo of the bidding
document
5 The last Date and time for receipt of bids through the e-
tendering portal httpamcmaharashtraetendersin and will be
opened as per e-portal from the last date and time of receipt of bids
If the office happens to be closed on the date of opening of the bids as
specified the bids will be opened on the next working day at the
same time and venue
6 Other details can be seen in the bidding documents
Note
The Employer shall not be held liable for any delays due to system
failure beyond its control Even though the system will attempt to
notify the bidders of any bid updates The Employer shall not be
liable for any information not received by the bidder It is the
biddersrsquo responsibility to verify the website for the latest information
related to the tender The bidder is required to ensure browser
compatibility of the computer well in advance to the last date and
time for receipt of the tenders The department shall not be
responsible for non-accessibility of e-procurement portal due to
internet connectivity issues and technical glitches
3
SECTION II INSTRUCTION TO TENDERERS
A Introduction
1 Eligible Tenderers
11 The tender is open to all bidders who satisfy the qualification
criteria
12 The tenderer should be a registered legal entity Joint ventures
are allowed
13 Tenderers should not be associated or have been associated in
the past directly or indirectly with a firm or any of its affiliates
which have been engaged by the Purchaser to provide consulting
services for the preparation of the design specifications and other
documents to be used for the procurement of the goods to be
purchased under this Invitation of Tenders
14 Tenderers shall not be under a declaration of ineligibility for
corrupt and fraudulent practices issued by Government of
Maharashtra or India
2 Cost of Tendering
21 The Tenderer shall bear all costs associated with the
preparation and submission of its tender and AMC hereinafter
referred to as the Purchaser will in no case be responsible or liable
for these costs regardless of the conduct or outcome of the tender
process
B The Tender Documents
3 Contents of Tender Documents
31 The goods required tendering procedures and contract terms
are prescribed in the tender documents In addition to the Invitation
for Tenders the tender documents include
a Instruction to Tenderers (ITT)
b General Conditions of Contract (GCC)
c Special Conditions of Contract (SCC)
d Schedule of Requirements
4
e Technical Specifications
f Tender Form and Price Schedules
g Earnest Money Deposit Form
h Contract Form
i Performance Security Form
j Performance Statement Form
32 The Tenderer is expected to examine all instructions forms
terms and specifications in the tender documents Failure to furnish
all information required by the tender documents or submission of a
tender not substantially responsive to the tender documents in every
respect will be at the Tendererrsquos risk and may result in rejection of its
tender
4 Clarification of Tender Documents
41 The electronic bidding system provides for online
clarifications A prospective tenderer requiring any clarification may
notify online the authority inviting the bid The authority-inviting bid
will respond to any request(s) for clarification received in writing up
to pre-bid meeting Description of clarification sought and the
response of the authority inviting the bid will be uploaded for
information of the public or other bidders without identifying the
source of request for clarification
The Tenderer or his official representative is invited to attend a pre-
bid meeting which will take place at the office of the ldquoCommissioner
Ahmednagar Municipal Corporationrdquo
42 The purpose of the meeting will be to clarify issues and to
answer questions on any matter that may be raised at that stage
43 The Tenderer is requested to submit any questions in written
addressed to the commissioner Ahmednagar Municipal Corporation
not later than day of pre-bid meeting
44 Minutes of the meeting including the text of the questions
raised (without identifying the source of enquiry) and the responses
given will be uploaded on the website
httpamcmaharashtraetendersin Any modification of the
5
bidding documents which may become necessary as a result of the
pre-bid meeting shall be made by the Purchaser exclusively through
the issue of an Addendum in pursuant to Clause 5 of IT Band
45 Non-attendance at the pre-bid meeting will not be a cause for
disqualification of a bidder
5 Amendment of Tender Documents (l)
51 At any time prior to the deadline for submission of tenders the
Purchaser may for any reason whether at its own initiative or in
response to a clarification requested by a prospective tenderer
modify the tender documents by amendment
52 The addendum will appear on the web page of the website
httpamcmaharashtraetendersin
53 In order to allow prospective tenderers reasonable time in
which to take the amendment into account in preparing their
tenders the Purchaser at its discretion may extend the deadline for
the submission of tenders
C Preparation of Tenders
6 Language of Tender
61 The tender prepared by the Tenderer as well as all
correspondence and documents relating to the tender exchanged by
the Tenderer and the Purchaser shall be written in English language
Supporting documents and printed literature furnished by the
Tenderer may be in another language provided they are
accompanied by an accurate translation of the relevant passages in
the English language in which case for purposes of interpretation of
the Tender the translation shall govern
7 Documents Constituting the Tender
a Technical Cover
The bidding is a single stage two cover system (First Cover
(Technical) and Second Cover (Financial)) and Successful Bidder to
be selected on Least Cost Selection (LCS) The bidder shall attach the
detailed technical specification of the machines proposed by him in
6
the technical bid The bidder shall attach the flow chart and detailed
proposed Biomethnation plant in the technical bid
The technical proposal will be evaluated and the proposal which are
found technically sound and satisfy other eligibility criteria shall be
called for presentation before the committee If committee finds the
offer technically viable the bidder shall be technically qualified
71 While preparing the Technical Tender Operator is expected to
examine the documents comprising this bid document Material
deficiencies in providing the information requested may result in
rejection of a tender The tender prepared by the Tenderer shall
comprise the following components
a) Documentary evidence established in accordance with ITT
Clause 11 that the Tenderer is eligible to tender and is qualified to
perform the contract if its tender is accepted
b) Documentary evidence established in accordance with ITT
Clause 12 that the goods and ancillary services to be supplied by the
Tenderer are eligible goods and services and conform to the tender
documents and
c) Earnest money deposit furnished in accordance with ITT
Clause 13
8 Tender Form
81 The Tenderer shall complete the Tender Form and the Price
Schedule furnished in the tender documents indicating the goods to
be supplied a brief description of the Design Supply Installation
Erection commissioning and Operation amp Maintenance of Municipal
Solid Waste Treatment Equipmentrsquos and Machineries their country of
origin quantity and prices
b Financial Cover
9 Tender Prices
91 The Tenderer shall indicate on the Price Schedule of the unit
prices and total tender prices of the Design supply installation
7
erection commissioning of Two Biomethanation plant of 5 TPD each
capacity with operation amp maintenance for 1 YEAR at Burudgaon
Depo Ahmednagar
92 Tenderers shall quote for the complete requirement of
processing machinery with vehicles goods and services specified
under single responsibility basis The least bidder shall be awarded
the work
93 Prices indicated on the Price Schedule shall be inclusive of the
following
(i) The price of the goods and services quoted (proposed
Biomethanation Plant including Design Supply Installation erection
commissioning and Operation amp Maintenance as applicable) shall
include all duties and sales and other taxes already paid or payable
by the tenderer
(ii) Any duties sales and other taxes which will be payable on the
goods shall be borne by the contractor if this Contract is awarded
(iii) The price for inland transportation insurance and other local
costs incidental to delivery of the goods to their final destination and
(iv) Cost towards erection and commissioning at site including
foundation
94 Prices quoted by the Tenderer shall be fixed during the
Tendererrsquos performance of the Contract and not subject to variation
on any account A tender submitted with an adjustable price
quotation will be treated as non- responsive and rejected pursuant
to ITT Clause 22
10 Tender Currency
101 Prices shall be quoted in Indian Rupees
11 Documents Establishing Tenderers Eligibility and
Qualifications
111 Pursuant to ITT Clause 7 the Tenderer shall furnish as part of
its Tender documents establishing the Tendererrsquos eligibility to
8
tender and its qualifications to perform the Contract if its tender is
accepted
112 The documentary evidence of the Tenderers qualifications to
perform the Contract if its tender is accepted shall establish to the
Purchasers satisfaction
a) That the average financial turnover of the bidder is 1 crore
in last 3 financial years
b) That The tenderer must have experience of Supply
installation and Commissioning of at least one Bio methanation
plant of 5 TPD capacity in India within last 1 years
Or
b) The bidder must have technology transfer agreement with
BARC (Bhabha Atomic Research Center ) for Biomethanation
plant
Bidder are required to submit Work order copies and
ExecutionCompletion Certificate Technology Transfer Certificate
from BARC AMC may call for original certificates for verification
12 Documents Establishing Goods Eligibility and Conformity
to Tender Documents
121 Pursuant to ITB Clause 7 the Tenderer shall furnish as part of
its tender documents establishing the eligibility and conformity to
the tender documents of all goods and services which the tenderer
proposes to supply under the contract
122 The documentary evidence of conformity of the goods and
services to the tender documents may be in the form of literature
drawings and data and shall consist of
a) a detailed description of the proposed essential technical and
performance characteristics of the goods and machines
b) a list giving full particulars including available sources and
current prices of spare parts special tools etc necessary for the
9
proper and continuing functioning of the goods for a period of one
years following commencement of the use of the goods by the
Purchaser and
c) an item-by-item commentary on the Purchasers Technical
Specifications demonstrating substantial responsiveness of the goods
and services to those specifications or a statement of deviations and
exceptions to the provisions of the Technical Specifications
123 For purposes of the commentary to be furnished pursuant to
ITT Clause 122(c) above the Tenderer shall note that standards for
workmanship material and equipment and references to brand
names or catalogue numbers designated by the Purchaser in its
Technical Specifications are intended to be descriptive only and not
restrictive The Tenderer may substitute alternative standards brand
names andor catalogue numbers in its tender provided that it
demonstrates to the Purchasers satisfaction that the substitutions
ensure substantial equivalence to those designated in the Technical
Specifications
13 Earnest Money Deposit
131 Pursuant to ITT Clause 7 the Tenderer shall furnish as part of
its tender earnest money deposit in the amount as specified in
Section-V - Schedule of Requirements
132 The earnest money deposit is required to protect the Purchaser
against the risk of Tenderers conduct which would warrant the
securitys forfeiture pursuant to ITB Clause 137
133 The earnest money deposit shall be denominated in Indian
Rupees and shall be paid online only on the portal
134 Any tender not secured in accordance with ITT Clauses 131
and the Purchaser as non-responsive pursuant to ITT Clause 22 will
reject 133 above
135 Unsuccessful Tenderers earnest money deposit will be
dischargedreturned as promptly as possible but not later than 30
days after the expiration of the period of tender validity prescribed
by the Purchaser pursuant to ITT Clause 14
10
136 The successful Tenderers earnest money deposit will be
discharged upon the Tenderer signing the Contract pursuant to ITT
Clause 30 and furnishing the performance security pursuant to ITB
Clause 31
137 The tender security may be forfeited
(a) if a Tenderer (i) withdraws its tender during the period of
tender validity specified by the Tenderer on the Tender Form or (ii)
does not accept the correction of errors pursuant to ITT Clause 222
or
(b) in case of a successful Tenderer if the Tenderer fails (i) to sign
the Contract in accordance with ITT Clause 30 or (ii) to furnish
performance security in accordance with ITT Clause 31
14 Period of Validity of Tenders
141 Tenders shall remain valid for 120 days after the deadline for
submission of tenders prescribed by the Purchaser pursuant to ITT
Clause 17 A tender valid for a shorter period shall be rejected by the
Purchaser as non-responsive
142 In exceptional circumstances the Purchaser may solicit the
Tenderers consent to an extension of the period of validity The
request and the responses thereto shall be made in writing (or by
cable or telex or fax) The earnest money deposit provided under ITT
Clause 13 shall also be suitably extended A Tenderer may refuse the
request without forfeiting its earnest money deposit A Tenderer
granting the request will not be required nor permitted to modify its
tender
15 Format and Signing of Tender
151 Bidders shall submit offers that comply with the requirements
of the bidding documents including the basic technical design as
indicated in the drawing and specifications Alternatives will not be
considered
11
D Submission of Bids
16 Bidding through E-Tendering System
161 The tendering under this contract is electronic bid submission
through website httpamcmaharashtraetendersin Detailed
guidelines for viewing bids and submission of online bids are given
on the website The Invitation for Tenders is published on this
website Any citizen or prospective tenderer can logon to this
website and view the Invitation for Tenders and can view the details
of works for which bids are invited The prospective tenderer can
submit tenders online however the bidder is required to have
enrolmentregistration in the website and should have valid Digital
Signature Certificate (DSC) The DSC can be obtained from any
authorized certifying agencies The tenderer should register in the
web site httpamcmaharashtraetendersin After this the
tenderer can login the site through the secured login Bidders are
requested to go through the bid documents carefully and submit the
required information without exception otherwise bids will be
rejected
162 The completed tender should be uploaded on the website
given above through e-tendering along with scanned copies of
requisite certificates as are mentioned in different sections in the
bidding document and scanned copy of the Bid Security No financial
quote shall be uploaded as part of the Technical Bid
163 The bidder shall submit online the requirements under
qualification criteria and Technical and Financial parts The contents
of the Post Qualification and Technical and Financial bid shall be as
specified in ITT After electronic on line bid submission the system
generates a unique bid reference number which is time stamped
This shall be treated as acknowledgement of bid submission
17 Deadline for Submission of the Bids
171 Bids must be received by the Employer online not later than
the due date as specified in the online portal
172 The Employer may extend the deadline for submission of bids
by issuing an amendment in accordance with Clause 5 in which case
12
all rights and obligations of the Employer and the bidders previously
subject to the original deadline will then be subject to the new
deadline
18 Late Bids
181 The electronic bidding system would not allow any late
submission of bids after due date and time as per server time
19 Modification and Withdrawal of Bids
191 Tenderers may modify their bids online before the deadline
prescribed in Clause 17 for bid modification and consequential re-
submission
192 No tenders may be modified after the deadline for submission
of Bids
193 Withdrawal or modification of a tender between the deadline
for submission of tender and the expiration of the original period of
bid validity specified in Clause 141 above or as extended pursuant to
Clause 142 is not allowed in the e-procurement system If a tenderer
does the same through any other medium then it may result in the
forfeiture of the Tender security pursuant to Clause 137
E Tender Opening and Evaluation of Tenders
20 Opening of Tenders by the Purchaser
201 The Purchaser will open all the Technical Cover in the
presence of Tenderersrsquo representatives who choose to attend as per
e-portal
The Tendererrsquos representatives who are present shall sign a register
evidencing their attendance In the event of the specified date of
Tender opening being declared a holiday for the Purchaser the
tenders shall be opened at the appointed time and location on the
next working day
202 The Tendererrsquos names tender modifications or withdrawals
tender prices discounts and the presence or absence of requisite
tender security and such other details as the Purchaser at its
discretion may consider appropriate will be announced at the
opening No tender shall be rejected at tender opening except for late
13
tenders which shall be returned unopened to the Tenderer pursuant
to ITT Clause 18
203 Tenders (and modifications sent pursuant to ITT Clause 192)
that are not opened and read out at tender opening shall not be
considered further for evaluation irrespective of the circumstances
204 The Purchaser will prepare minutes of the tender opening The
Financial Bid of the successful bidders only will be opened after
completion of technical bid evaluation
21 Clarification of Tenders
During evaluation of tenders the Purchaser may at its discretion ask
the Tenderer for a clarification of its tender The request for
clarification and the response shall be in writing and no change in
prices or substance of the tender shall be sought offered or
permitted
22 Preliminary Examination
221 The Purchaser will examine the technical bid to determine
whether they are complete whether required sureties have been
furnished and whether the tenders are generally in order
2211 The evaluation committee appointed by the Employer as
a whole and each of its members individually will evaluate the
Technical Bids on the basis of their responsiveness to the ITB A Bid
shall be rejected at this stage if it does not respond to important
aspects of the Bid Document
222 After the evaluation of technical Bid is completed the
Purchaser shall notify those bidders whose Bids meet the
qualification criteria as detailed in Section VII or were considered
responsive to the bid document indicating that the presentation has
to be made by their company After presentation by the company the
committee members or the person authorized by the commissioner
may visit the plant established by the bidder The bidder to whom the
committee is satisfied with the documents and the presentation and
the site visit if required will be informed as technically qualified
bidders
14
223 The financial bid opening date shall not be informed to the
technically disqualified bidders
2231 The Financial Cover shall be opened publicly in the
presence of the bidders representatives who choose to attend The
bid opening shall be online only
2232 The evaluation committee will determine whether the
Financial Bids are complete correct any computational errors
Arithmetical errors will be rectified on the following basis If there is
a discrepancy between the unit price and the total price that is
obtained by multiplying the unit price and quantity the unit price
shall prevail and the total price shall be corrected If there is a
discrepancy between words and figures the lower of the two will
prevail If the Bidder does not accept the correction of errors its
tender will be rejected and its tender security may be forfeited
2233 All necessary civil work and other related works for
Biomethanation plant is to be done by the successful bidder AMC
shall provide the land road upto the plant site electric connection
upto the plant site AMC shall provide approximately 5 TPD non-veg
organic waste and 5 TPD organic (Veg) waste as feed for each
seperate plant
2234 During the contract period and always the processing
plant machines land and civil works shall be the property of AMC At
the time of handover of the plant to AMC the contractor shall
handover the plant in good running condition If it is found that the
plant is inoperative or needs any repairs and maintenance the
contractor should either repair it to satisfaction of the AMC or if AMC
get it done by its own resources the amount shall be deducted from
the performance security deposit submitted by the contractor
2235 This biding is called for Burudgaon Depo location The
selection procedure of the successful bidder shall be as under
a Whereas successful bidder shall be the bidder quoting lowest for
the Supply Installation Erection commissioning and Operation amp
Maintenance of Municipal Solid Waste Treatment Equipmentrsquos and
Machineries (L-1)
15
b The cost of the MSW Plant and allied accessories for operation
of the plant quoted by the bidder shall be paid by the AMC as per the
payment schedule given in the tender document The value of the
processing plant and allied accessories wit OampM quoted by the
bidder shall be the sole bidding criteria for the tender
c The successful contractor shall not be paid any kind tipping
fees for operating the plant The contractor shall sell the products
(GasElectricitycompostothers) recovered from the processing of
the waste to recover the operation and maintenance cost and the
profits
224 Term of Contract
The term of the contract shall be 1 YEAR and can be renewed for a
similar term if the performance of the contractor is satisfactory
225 Scope of Work
The scope of the work shall be processing of the 5 + 5 TPD waste for
each site (two sites)received at site The rejects from the processing
should not be more than 15 of the total waste The rejects shall be
kept at one side of the site from where the CampT contractor shall lift
the waste and transport it to landfill site
226 Prior to the detailed evaluation pursuant to ITB Clause 23 the
Purchaser will determine the substantial responsiveness of each
tender to the tender documents For purposes of these Clauses a
substantially responsive tender is one which conforms to all the
terms and conditions of the tender documents without material
deviations Deviations from or objections or reservations to critical
provisions such as those concerning Performance Security (GCC
Clause 6) Warranty (GCC Clause 14) Force Majeure (GCC Clause 24)
Limitation of liability (GCC Clause 28) Applicable law (GCC Clause
30) and Taxes amp Duties (GCC Clause 32) will be deemed to be a
material deviation The Purchasers determination of a tenders
responsiveness is to be based on the contents of the tender itself
without recourse to extrinsic evidence
16
227 If a tender is not substantially responsive it will be rejected by
the Purchaser and may not subsequently be made responsive by the
Tenderer by correction of the non-conformity
23 Evaluation and Comparison of Tenders
231 The Purchaser will evaluate and compare the tenders which
have been determined to be substantially responsive pursuant to ITT
Clause 22 for each schedule separately No tender will be considered
if the complete requirements covered in the schedule is not included
in the tender However as stated in ITT Clause 9 The tenderer shall
quote his final prices taken into account all discounts
24 Contacting the Purchaser
241 Subject to ITT Clause 21 no Tenderer shall contact the
Purchaser on any matter relating to its tender from the time of the
tender opening to the time the Contract is awarded If the tenderer
wishes to bring additional information to the notice of the purchaser
it should do so in writing
242 Any effort by a Tenderer to influence the Purchaser in its
decisions on tender evaluation tender comparison or contract award
may result in rejection of the Tenderers tender
F Award of Contract
25 Post qualification
251 In the absence of prequalification the Purchaser will determine
to its satisfaction whether the Tenderer that is selected as having
submitted the lowest evaluated responsive tender meets the criteria
specified in ITT Clause 112 (b) and is qualified to perform the
contract satisfactorily
252 The determination will take into account the Tenderers
financial technical and production capabilities It will be based upon
an examination of the documentary evidence of the Tenderers
qualifications submitted by the Tenderer pursuant to ITT Clause 11
as well as such other information as the Purchaser deems necessary
and appropriate
26 Award Criteria
17
261 Subject to ITT Clause 28 the Purchaser will award the Contract
to the successful Tenderer whose tender has been determined to be
substantially responsive and has been determined as the lowest
evaluated tender provided further that the Tenderer is determined
to be qualified to perform the Contract satisfactorily
27 Right to vary Quantities
271 The contractor shall have to erect the machines proposed by
him in the technical bid and presentation However during the
contract duration for better performance of the processing plant the
contractor shall be free to add the machines vehicles and civil works
at no cost to AMC The contractor shall not be allowed to sell the
installed machines as AMC has already paid the contractor for the
machines and ownership of the machines always lies with the AMC
28 Purchasers Right to Accept Any Tender and to Reject Any
or All Tenders
281 The Purchaser reserves the right to accept or reject any tender
and to annul the tendering process and reject all tenders at any time
prior to contract award without thereby incurring any liability to the
affected Tenderer or Tendererrsquos
29 Notification of Award
291 Prior to the expiration of the period of tender validity the
Purchaser will notify the successful tenderer in writing by registered
letter or by cabletelex or fax to be confirmed in writing by
registered letter that its tender has been accepted
292 The notification of award will constitute the formation of the
Contract
293 Upon the successful Tenderers furnishing of performance
security pursuant to ITT Clause 31 the Purchaser will promptly
notify the name of the winning Tenderer to each unsuccessful
Tenderer and will discharge its earnest money deposit pursuant to
ITT Clause 13
30 Signing of Contract
18
301 At the same time as the Purchaser notifies the successful
tenderer that its tender has been accepted the Purchaser will send
the Tenderer the Contract Form provided in the tender documents
incorporating all agreements between the parties
302 Within 21 days of receipt of the Contract Form the successful
Tenderer shall sign and date the Contract and return it to the
Purchaser
31 Performance Security
311 Within 21 days of the receipt of notification of award from the
Purchaser the successful Tenderer shall furnish the performance
security of 3 of the cost of the machines and equipments
quoted by him The performance security shall be in form of Bank
guarantee 2 payment shall be deducted from each payment which
will make the total performance security to 5 The performance
security shall be released at the end of the contract period
312 Failure of the successful Tenderer to comply with the
requirement of ITT Clause 302 or ITT Clause 311 shall constitute
sufficient grounds for the annulment of the award and forfeiture of
the earnest money deposit in which event the Purchaser may make
the award to the next lowest evaluated Tenderer or call for new
tenders
32 Corrupt or Fraudulent Practices
321 The Government requires that Tendererrsquos Bidders
Contractors observe the highest standard of ethics during the
procurement and execution of Government financed contracts In
pursuance of this policy the Government
(a) defines for the purposes of this provision the terms set forth
as follows
(i) ldquocorrupt practicerdquo means the offering giving receiving or
soliciting of any thing of value to influence the action of a public
official in the procurement process or in contract execution and
(ii) ldquofraudulent practicerdquo means a misrepresentation of facts in
order to influence a procurement process or the execution of a
contract to the detriment of the Government and includes collusive
19
practice among Tenderers (prior to or after tender submission)
designed to establish tender prices at artificial non-competitive
levels and to deprive the Government of the benefits of free and open
competition
(b) will reject a proposal for award if it determines that the
Tenderer recommended for award has engaged in corrupt or
fraudulent practices in competing for the contract in question
(c) will declare a firm ineligible either indefinitely or for a stated
period of time to be awarded a Government financed contract if it at
any time determines that the firm has engaged in corrupt or
fraudulent practices in competing for or in executing a Government-
financed contract
322 Furthermore Tenderers shall be aware of the provision stated
in sub-clause 44 and sub-clause 231 of the General Conditions of
Contract
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
Clause Number Topic
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information
Inspection and Audit by Government
5 Patent Rights
6 Performance Security
7 Inspection and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
20
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
21
General Conditions of Contract
1 Definitions
11 In this Contract the following terms shall be interpreted as
indicated
a The Contract means the agreement entered into between the
Purchaser and the Bidder as recorded in the Contract Form signed
by the parties including all the attachments and appendices thereto
and all documents incorporated by reference therein
b The Contract Price means the price payable to the Bidder
under the Contract for the full and proper performance of its
contractual obligations
c The Goods means all the equipment machinery andor other
materials which the Bidder is required to supply to the Purchaser
under the Contract
d Services means services ancillary to the supply of the Goods
such as transportation and insurance and any other incidental
services such as installation commissioning provision of technical
assistance training and other obligations of the Bidder covered
under the Contract
e ldquoGCCrdquo means the General Conditions of Contract contained in
this section
f ldquoSCCrdquo means the Special Conditions of Contract
g ldquoThe Purchaserrdquo means the organization purchasing the Goods
as named in SCC
h ldquoThe Purchaserrsquos countryrdquo is the country named in SCC
i ldquoThe Bidderrdquo means the individual or firm supplying the Goods
and Services under this Contract
j ldquoThe Governmentrdquo means the Government of Maharashtra
State
k ldquoThe Project Siterdquo where applicable means the place or places
named in SCC
l ldquoDayrdquo means calendar day
2 Application
22
21 These General Conditions shall apply to the extent that
provisions in other parts of the Contract do not supersede them
3 Standards
31 The Goods and machines supplied under this Contract shall
conform to the standards mentioned in the Technical Specifications
given in the technical bid of the bidder and when no applicable
standard is mentioned to the authoritative standard appropriate to
the Goods country of origin and such standards shall be the latest
issued by the concerned institution
4 Use of Contract Documents and Information Inspection
and Audit by the Government
41 The Bidder shall not without the Purchasers prior written
consent disclose the Contract or any provision thereof or any
specification plan drawing pattern sample or information furnished
by or on behalf of the Purchaser in connection therewith to any
person other than a person employed by the Bidder in performance
of the Contract Disclosure to any such employed person shall be
made in confidence and shall extend only so far as may be necessary
for purposes of such performance
42 The Bidder shall not without the Purchaserrsquos prior written
consent make use of any document or information enumerated in
GCC Clause 41 except for purposes of performing the contract
43 Any document other than the Contract itself enumerated in
GCC Clause 41 shall remain the property of the Purchaser and shall
be returned (in all copies) to the Purchaser on completion of the
Bidderrsquos performance under the Contract if so required by the
Purchaser
44 The Bidder shall permit the Government to inspect the Bidderrsquos
accounts and records relating to the performance of the Bidder and
to have them audited by auditors appointed by the Government if so
required by the Government
5 Patent Rights
23
51 The Bidder shall indemnify the Purchaser against all third-
party claims of infringement of patent trademark or industrial
design rights arising from use of the Goods or any part thereof in
India
6 Performance Security
61 Within 21 days of receipt of the notification of contract award
the Bidder shall furnish Performance Security to the Purchaser for an
amount of 5 of the Contract Value valid up to 30 days after the date
of completion of Contract
62 The proceeds of the performance security shall be payable to
the Purchaser as compensation for any loss resulting from the
Bidderrsquos failure to complete its obligations under the Contract
63 The Performance Security shall be denominated in Indian
Rupees and shall be in one of the following forms
a) A Bank guarantee issued by a NationalizedScheduled bank in
the form provided in the tender documents or another form
acceptable to the Purchaser or
b) Crossed demand draft or pay order drawn in favor of the
Purchaser or
64 The Performance Security will be discharged by the Purchaser
and returned to the Bidder not later than 60 days following the date
of completion of the Bidderrsquos performance obligations including any
Warranty obligations under the Contract
7 Inspections and Tests
71 The Purchaser or its representative shall have the right to
inspect andor to test the Goods to confirm their conformity to the
Contract specifications at no extra cost to the Contractor
72 The contractor shall conduct third party inspection from any of
the inspection agency approved by Government of India The cost of
the inspection should be paid by the contractor and no
reimbursement shall be made by AMC for the inspection The
inspection shall be done on the basis of the technical bid submitted
by the tenderer or the approved machines and drawings by AMC
24
73 The inspections and tests may be conducted on the premises of
the Bidder or its subcontractor(s) at point of delivery andor at the
Goods final destination If conducted on the premises of the Bidder or
its subcontractor(s) all reasonable facilities and assistance including
access to drawings and production data - shall be furnished to the
inspectors at no charge to the Purchaser
74 Should any inspected or tested Goods fail to conform to the
specifications the Purchaser may reject the goods and the Bidder
shall either replace the rejected Goods or make alterations necessary
to meet specification requirements free of cost to the Purchaser
75 The Purchasers right to inspect test and where necessary
reject the Goods after the Goods arrival at Project Site shall in no
way be limited or waived by reason of the Goods having previously
been inspected tested and passed by the Purchaser or its
representative prior to the Goods shipment
76 Nothing in GCC Clause 7 shall in any way release the Bidder
from any warranty or other obligations under this Contract
77 Manuals and Drawings
771 Before the goods and equipment are taken over by the
Purchaser the Bidder shall supply operation and maintenance
manuals together with drawings of the goods and equipment These
shall be in such detail as will enable the Purchaser to operate
maintain adjust and repair all parts of the equipment as stated in the
specifications
772 The manuals and drawings shall be in the ruling language
(English) and in such form and numbers as stated in the contract
773 Unless and otherwise agreed the goods and equipment shall
not be considered to be completed for the purpose of taking over
until such manuals and drawings have been supplied to the
Purchaser
8 Packing
25
81 The packing of the goods may not be required however the
documents like operational manual and list of equipments shall be
submitted in two copies in booklet form
9 Delivery and Documents
91 Delivery of the Goods shall be made by the Bidder in
accordance with the terms specified by the Purchaser in the
Notification of Award The bills for the machines shall be submitted
in duplicate The bills for only those equipment will be accepted
whose delivery at site has been done by the bidder
10 Insurance
101 It will the responsibility of the contractor that the Goods and
machines supplied under the Contract shall be fully insured by the
contractor in Indian Rupees against loss or damage incidental to
manufacture or acquisition transportation storage and delivery for
complete duration of the contract For delivery of goods at site the
insurance shall be obtained by the Bidder in an amount equal to
110 of the value of the goods from ldquowarehouse to warehouserdquo
(final destinations) on ldquoAll Risksrdquo basis including War risks and
Strikes
11 Transportation
111 Where the Bidder is required under the Contract to transport
the Goods to a specified place of destination within India defined as
Project site the Bidder as shall be specified in the Contract shall
arrange transport to such place of destination in India including
insurance and the related cost shall be included in the Contract Price
12 Incidental Services
121 The Bidder may be required to provide any or all of the
following services including additional services if any specified in
SCC
a performance or supervision of the on-site assembly andor
start-up of the supplied Goods
b furnishing of tools required for assembly andor maintenance
of the supplied Goods
26
c furnishing of detailed operations and maintenance manual for
each appropriate unit of supplied Goods
d performance or supervision or maintenance andor repair of
the supplied Goods for a period of time agreed by the parties
provided that this service shall not relieve the Bidder of any
warranty obligations under this Contract and
e training of the Purchasers personnel at the Bidderrsquos plant
andor on-site in assembly start-up operation maintenance andor
repair of the supplied Goods
f detailed specifications of each equipment in detail to be
provided
g arrangement of required vehicles and implements for loading
amp unloading of Equipment at Facilities and other required infra for
assembling of equipment
122 Prices charged by the Bidder for incidental services if not
included in the Contract Price for the Goods shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates
charged to other parties by the Bidder for similar services
13 Spare Parts
131 As specified in the SCC the contractor shall be required to
provide any or all of the materials and spare parts at no cost to AMC
132 The Bidder shall carry sufficient inventories to assure ex-stock
supply of consumable spares for the Goods such as gaskets plugs
washers belts etc
14 Warranty
141 The Bidder warrants that the Goods supplied under this
Contract are new unused of the most recent or current models and
that they incorporate all recent improvements in design and
materials unless provided otherwise in the Contract The Bidder
further warrants that all Goods supplied under this Contract shall
have no defect arising from design materials or workmanship
(except when the design andor material is required by the
Purchasers Specifications) or from any act or omission of the Bidder
that may develop under normal use of the supplied Goods in the
conditions prevailing in the country of final destination
27
142 This warranty shall remain valid for 12 months after all the
sections of the entire plant have been delivered and successfully
commissioned and desired outputs are achieved as indicated in the
Contract Although section wise commissioning is proposed the
warranty will come into effect only after completion of all the
sections The Bidder shall in addition comply with the performance
andor consumption guarantees specified under the Contract If for
reasons attributable to the Bidder these guarantees are not attained
in whole or in part the Bidder shall at its discretion either
a make such changes modifications andor additions to the
Goods or any part thereof as may be necessary in order to attain the
contractual guarantees specified in the Contract at its own cost and
expense and to carry out further performance tests in accordance
with SCC Clause 2 OR
b pay liquidated damages to the Purchaser with respect to the
failure to meet the contractual guarantees The rate of these
liquidated damages shall be as specified in the Technical
Specifications
143 If the Bidder having been notified fails to remedy the defect(s)
within 15 days the Purchaser may proceed to take such remedial
action as may be necessary at the Bidderrsquos risk and expense and
without prejudice to any other rights which the Purchaser may have
against the Bidder under the Contract
15 Payment
151 The method and conditions of payment to be made to the
Bidder under this Contract shall be specified in the SCC
152 The Bidderrsquos request(s) for payment shall be made to the
Purchaser in writing accompanied by an invoice describing as
appropriate the Goods delivered and the Services performed and by
documents submitted pursuant to GCC Clause 9 and upon fulfillment
of other obligations stipulated in the contract
153 Payments shall be made promptly by the Purchaser but in no
case later than thirty (30) days after submission of the invoice or
claim by the Bidder
28
154 Payment shall be made in Indian Rupees
16 Prices
161 Prices payable to the Bidder as stated in the contract shall be
firm during the performance of the contract
17 Change Orders
171 The Purchaser may at any time by written order given to the
Bidder pursuant to GCC Clause 31 make changes within the general
scope of the Contract in any one or more of the following
a drawings designs or specifications where Goods to be
furnished under the Contract are to be specifically manufactured for
the Purchaser
b the Services to be provided by the Bidder
172 If any such change causes an increase or decrease in the cost of
or the time required for the Bidderrsquos performance of any provisions
under the Contract an equitable adjustment shall be made in the
Contract Price or delivery schedule or both and the Contract shall
accordingly be amended Any claims by the Bidder for adjustment
under this clause must be asserted within thirty (30) days from the
date of the Bidderrsquos receipt of the Purchasers change order
18 Contract Amendments
181 Subject to GCC Clause 17 no variation in or modification of the
terms of the Contract shall be made except by written amendment
signed by the parties
19 Assignment
191 The Bidder shall not assign in whole or in part its obligations
to perform under the Contract except with the Purchasers prior
written consent
20 Subcontracts
201 Any subcontracting work should be done after confirmation of
the same from the AMC
21 Delays in the Bidderrsquos Performance
29
211 Delivery of the Goods and performance of the Services shall be
made by the Bidder in accordance with the time schedule specified
by the Purchaser in the Schedule of Requirements
212 If at any time during performance of the Contract the Bidder or
its sub-contractor(s) should encounter conditions impeding timely
delivery of the Goods and performance of Services the Bidder shall
promptly notify the Purchaser in writing of the fact of the delay its
likely duration and its cause(s) As soon as practicable after receipt of
the Bidderrsquos notice the Purchaser shall evaluate the situation and
may at its discretion extend the Bidderrsquos time for performance with
or without liquidated damages in which case the extension shall be
ratified by the parties by amendment of the Contract
213 Except as provided under GCC Clause 24 a delay by the Bidder
in the performance of its delivery obligations shall render the Bidder
liable to the imposition of liquidated damages pursuant to GCC
Clause 22 unless an extension of time is agreed upon pursuant to
GCC Clause 212 without the application of liquidated damages
22 Liquidated Damages
221 Subject to GCC Clause 24 if the Bidder fails to deliver any or all
of the Goods or to perform the Services within the period(s) specified
in the Contract the Purchaser shall without prejudice to its other
remedies under the Contract deduct from the Contract Price as
liquidated damages a sum equivalent to 2 of the delivered price of
the delayed Goods or unperformed Services for each week or part
thereof of delay until actual delivery or performance up to a
maximum deduction of 10 of the Contract Price Once the
maximum is reached the Purchaser may consider termination of the
Contract pursuant to GCC Clause 23 Liquidated Damages is applicable
only up to commission and trial run period and not applicable to AMC
phase of the Contract
23 Termination for Default
30
231 The Purchaser may without prejudice to any other remedy for
breach of contract by written notice of default sent to the Bidder
terminate the Contract in whole or part
a if the Bidder fails to deliver any or all of the Goods within the
period(s) specified in the Contract or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 21 or
b if the Bidder fails to perform any other obligation(s) under the
Contract
c If the Bidder in the judgement of the Purchaser has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract
For the purpose of this Clause
ldquoCorrupt practicerdquo means the offering giving receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution
ldquofraudulent practicerdquo means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition
232 In the event the Purchaser terminates the Contract in whole or
in part pursuant to GCC Clause 231 the Purchaser may procure
upon such terms and in such manner as it deems appropriate Goods
or Services similar to those undelivered and the Bidder shall be
liable to the Purchaser for any excess costs for such similar Goods or
Services However the Bidder shall continue the performance of the
Contract to the extent not terminated
24 Force Majeure
241 Not with standing the provisions of GCC Clauses 21 22 23 the
Bidder shall not be liable for forfeiture of its performance security
liquidated damages or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
BIOMETHANATION PLANT
ii
कामाचा तपशल कामाची कालावधी
Fकप उभारणी
9न=वदा फाम
रकम +
बयाणा रकम
+
अहमदनगर महानगरपालका मालक)या ब+डगाव सव
न34 या ठकाणी 5 TPD Veg व 5 TPD Nonveg Solid
Wast peocessing BIOMETHANATION PLANT उभारणी
क+न मत जनावराची व क7लखाampयातन 9नमाण होणा-
या मासजampय ओला कच-याची =वहवाट लावणकामी
तसच शहरातील दनदन हॉटल खानावळी व इतर
ठकाणाहन 9नमाण होणा-या ओया कच-याची =वहवाट
लावन मथन DसबायोDस 9नमती Fकप करता
लागणार मशनर परवठा क+नउभारणीकरण व अतगत
HथापIय काम करण व एक वषाकरता Fकप दखभाल
व द+Hतीसह चाल=वणकामी बाबत
Fकप उभारणी
एक वष
+25000- +200000-
1) सदर कामाबाबत 9न=वदा अट शत इ बाबतचा सव तपशील 9न=वदा सचामUय व जाहर ट]डर नोटसमUय
नमद कलला असन 9न=वदा सच ऑनलाईन पहावयास उपल^ध आह
2) सदर कामाची 9न=वदा सच खरद _कमत व बयाणा र कम ऑनलाईन पU दतीन ICICI Bank च
खाIयावर भरावी
3) 9न=वदा =वO) httpamcmaharashtraetendersin या वबसाईटव+न फत ऑनलाईन चाल आह
4) वरल वबसाईट व+न 9न=वदामUय सहभागी होNयासाठ` बबसाईटवर यजर आयडी व पासवड बन=वण
बधनकारक आहयासाठ` _कवा ई -9न=वदा बाबत मागदशनास 020-30187500 या Oामाकावर सपक
करावा
5) वरल 9न=वदा सादरकरण िHवकती फत ऑनलाईन पUदतीन करNयात यईलपट पUदत पणपण बद
करNयात आल आह
6) 9न=वदा सादरकरण ह दोन पाक)ट पUदतीन(Technical व Commercial bid) करण आवaयक आह
7) 9न=वदा उघडNयाया अखरया दवशी कायालयीन सbट असयास 9न=वदा पढल कायालयीन
दनाकास
उघडNयात यईल
8) 9नध उपल^ धतनसार दयक अदा करN यात यईल
9)कोणतीह 9न=वदा Hवीकारणनाकारण अथवा रdद करण याबाबतच अ9तम अधकार
माआयतअहमदनगर महानगरपालका याना राहतील
BIOMETHANATION PLANT
iii
1)सलबद uuml ता+क लफाफा 1 पढल कागदपW असतील
1) सHथा नeदणी Fमाण पWाची साfा_कत Fत
2) कामगार भ=वgय 9नवाह 9नधी Fमाण पW
3) जीएसट Oमाक
4) सHथची मागील वषाची _कमान 1 कोट आथक उलाढाल असण आवaयक आह
5) पनकाड
6) 9न=वदाधारकास महानगरपालका अथवा अ वग नगरपालका मधील घनकचरा
XयवHथापन =वभागाकडस 5 मटन fमतच BIOMETHANATION PLANT परवठा
कलबाबत
7) आयकर =ववरण पW लगतच दोन वषाच
8)कामगार अपघात =वमा
9)भ=वgय 9नवाह 9नधी भरलबाबत मागील चलन
10)सबधीत कWाटदार यायावर कठयाह Fकारच आfप गampह (कचरा डपो हताळणवर) अस
नय
2)सलबद दराचा लफाफा 2
bull आपल दर पWक मUय मनपान ठकदारास अदा करNयात यणार रकम ह सोबत जोडलया
दर पWकात Vबनचक भारावी (खाडा खोड कh नय)
1) अटय त 9न=वदा =वचारात घतल जाणार नाहतसच 9न=वद F_Oया मदतीत दाखल दर बाबत
पampहा पW वगर _कवा इतर मागान कमी जाHत करता यणार नाहमनपा छाणनी समोर
9नणय घNयात यईल
2) यशHवी ठकक़दारास योkय _कमतीया Hटlप पपरवर करारनामा क+न dयावा लागल
3) यशHवी ठकदारास कामापोट 9नयमानसार अनामत रकम भरावी लागल
5)9न=वदा =वO)या शवटया दवशी सच Fाmत न झायास व िHवकती या शवटया दवशी
ऑन लाईन सादरकरण न झायास Iयाची सवHवी जबाबदार 9न=वदा धारकाची राहल
6)सव कागदपW अनOमाक टाकन अपलोड करावीत
7)9न=वदा उघडNयाया अखरया दवशी कायालयीन सbट असयास 9न=वदा पढल कायालयीन
दनाकास उघडNयात यईल
8)कोणतीह 9न=वदा Hवीकारणनाकारण अथवा रdद करण याबाबतच अ9तम अधकार
माआयतअहमदनगर महानगरपालका याना राहतील
9)ताVWक लफाफा उघडत वळी 9न=वदाधारक _कवा Iयाच अधकत F9त9नधी यानी 9न=वद मUय
Hकन क+न जोडलया कागद पWाच मळ Fती सादर कराXया
10)9न=वदाकारान ई-9न=वदा दाखल कयानतर जXहा मनपा आथक दर लफाफा उघडल Iयानतर
दराबाबत कोणतह फर फार _कवा Iयाबाबत पW सादर करता यणार नाह कदाचत एखाdया
9न=वदाकारान ऑन लाईन 9न=वदा मदत नतर अस दर सादर कयास Iयाचा =वचार कला जाणार
नाह
उपायत(कर)
अहमदनगर महानगरपालकाअनगर
BIOMETHANATION PLANT
iv
9न=वदा फॉम
अहमदनगर महानगरपालका अहमदनगर घनकचरा XयवHथापन =वभाग
9न=वद मधील तपशलानसार एकण रकमच दर पWक
कामाचा तपशील कामाची
कालावधी
Fकप
उभारणी
9न=वदाकारान नमद करावयाच दर सव
करासहत रकम +पय F9त 5 TPD fमतच
BIOMETHANATION PLANT व दखभाल
द+Hती बाबत F9त महना दर
मशीनर Xय9तरत
यणार इतर खच
नमद कराव
अहमदनगर महानगरपालका
मालक)या ब+डगाव सव न34
या ठकाणी 5 TPD Veg व 5 TPD Nonveg Solid Wast peocessing
BIOMETHANATION PLANT
उभारणी क+न मत जनावराची
व क7लखाampयातन 9नमाण
होणा-या मासजampय ओला कच-
याची =वहवाट लावणकामी
तसच शहरातील दनदन हॉटल
खानावळी व इतर ठकाणाहन
9नमाण होणा-या ओया कच-
याची =वहवाट लावन मथन
DसबायोDस 9नमती Fकप
करता लागणार मशनर
परवठा क+नउभारणीकरण व
अतगत HथापIय काम करण
व एक वषाकरता Fकप
दखभाल व द+Hतीसह
चाल=वणकामी बाबत
Fकप
उभारणी
एक वष व
दखभाल व
द+Hती एक
वषाकरता
1) अहमदनगर महानगरपालकस Veg 5 TPD
fमतच BIOMETHANATION PLANT
उभारणीसहच दर रकम +
(अfर-
)
2) अहमदनगर महानगरपालकस Nonveg 5
TPD fमतच BIOMETHANATION PLANT
उभारणीसहच दर रकम +
(अfर-
)
3)अहमदनगर महानगरपालकस Veg 5 TPD
fमतच BIOMETHANATION PLANT
दखभाल व द+Hती बाबत दर रकम +
(अfर-
)
BIOMETHANATION PLANT
v
4)अहमदनगर महानगरपालकस Nonveg 5
TPD fमतच BIOMETHANATION PLANT
दखभाल व द+Hती बाबत दर रकम +
(अfर-
)
9न=वदाया अट व शत मला माampय असन Iया Fमाण 9न=वदा दर भ+न सादर करत आह
9न=वदाधारकाची Hवाfर व
शका
नाव-
प7ा-
उपायत(कर)
अहमदनगर महानगरपालकाअनगर
ऑनलाईन ई नवदा फॉम0 1फ व बयाणा र3कम भरणक5रता सव0साधारण सचना
BIOMETHANATION PLANT
vi
The EMD applicable amount shall be paid via Online mode onlyIn case of EMD
exemptionvalid EMD Exemption Certificate
Note
Realisation of NEFTRTGS payment normally takes 2 to 24 hours so it is advised to make
sure that NEFTRTGS payment activity should be completed well before time
NEFTRTGS option will be depend on the amount of EMD
Help File regarding use of ePayment Gateway can be downloaded from eTendering portal
C) Terms and Conditions For Online-Payments
The Terms and Conditions contained herein shall apply to any person (ldquoUserrdquo) using the
services of hereinafter referred to as ldquoMerchantrdquo for making Tender fee and Earnest Money
Deposit(EMD) payments through an online Payment Gateway Service (ldquoServicerdquo) offered by
ICICI Bank Ltd in association with E Tendering Service provider and Payment Gateway
Service provider through Each User is therefore deemed to have read and accepted these
Terms and Conditions
Privacy Policy The Merchant respects and protects the privacy of the individuals that access the information and use the services provided through them Individually identifiable information about the User is not willfully disclosed to any third party without first receiving the Users permission as covered in this Privacy Policy This Privacy Policy describes Merchantrsquos treatment of personally identifiable information that Merchant collects when the User is on the Merchantrsquos website The Merchant does not collect any unique information about the User (such as Users name email address age gender etc) except when you specifically and knowingly provide such information on the Website Like any business interested in offering the highest quality of service to clients Merchant may from time to time send email to the User and other communication to tell the User about the various services features functionality and content offered by Merchants website or seek voluntary information fromThe User Please be aware however that Merchant will release specific personal information about the User if required to do so in the following cirumstances
in order to comply with any valid legal process such as a search warrant statute or
court order or available at time of opening the tender
if any of Userrsquos actions on our website violate the Terms of Service or any of our guidelines for specific services or
to protect or defend Merchantrsquos legal rights or property the Merchantrsquos site or the Users of
the site or
to investigate prevent or take action regarding illegal activities suspected fraud situations involving potential threats to the security integrity of Merchantrsquos websiteofferings
General Terms and Conditions For E-Payment
Once a User has accepted these Terms and Conditions he she may register on Merchantrsquos
website and avail the Services
Merchants rights obligations undertakings shall be subject to the laws in force in India as
BIOMETHANATION PLANT
vii
well as any directives procedures of Government of India and nothing contained in these Terms and Conditions shall be in derogation of Merchants right to comply with any law enforcement agencies request or requirements relating to any Userrsquos use of the website or information provided to or gathered by Merchant with respect to such use Each User accepts and agrees that the provision of details of his her use of the Website to regulators or police or to any other third party in order to resolve disputes or complaints which relate to the Website shall be at the absolute discretion of Merchant
If any part of these Terms and Conditions are determined to be invalid or unenforceable
pursuant to applicable law including but not limited to the warranty disclaimers and liability limitations set forth herein then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect
These Terms and Conditions constitute the entire agreement between the User and
Merchant These Terms and Conditions supersede all prior or contemporaneous communications and proposals whether electronic oral or written between the User and Merchant A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form
The entries in the books of Merchant andor the Payment Gateway Service Providers kept in
the ordinary course of business of Merchant andor the Payment Gateway Service Providers with regard to transactions covered under these Terms and Conditions and matters therein appearing shall be binding on the User and shall be conclusive proof of the genuineness and accuracy of the transaction
Refund For Charge Back Transaction In the event there is any claim for of charge back
by the User for any reason whatsoever such User shall immediately approach Merchant with his her claim details and claim refund from Merchant alone Such refund (if any) shall be effected only by Merchant via payment gateway or by means of a demand draft or such other means as Merchant deems appropriate No claims for refund charge back shall be made by any User to the Payment Gateway Service Provider(s) and in the event such claim is made it shall not be entertained
In these Terms and Conditions the term ldquoCharge Backrdquo shall mean approved and settled
credit card or net banking purchase transaction(s) which are at any time refused debited or charged back to merchant account (and shall also include similar debits to Payment Gateway Service Providers accounts if any) by the acquiring bank or credit card company for any reason whatsoever together with the bank fees penalties and other charges incidental thereto
Refund for fraudulentduplicate transaction(s) The User shall directly contact Merchant for any fraudulent transaction(s) on account of misuse of Card Bank details by a fraudulent individualparty and such issues shall be suitably addressed by Merchant alone in line with their policies and rules
Server Slow DownSession Timeout In case the Website or Payment Gateway Service
Providerrsquos webpage that is linked to the Website is experiencing any server related issues like lsquoslow downrsquo or lsquofailurersquo or lsquosession timeoutrsquo the User shall before initiating the second payment check whether hisher Bank Account has been debited or not and accordingly resort to one of the following options
i In case the Bank Account appears to be debited ensure that he she does not make the payment twice and immediately thereafter contact Merchant via e-mail or any other mode of contact as provided by Merchant to confirm payment
BIOMETHANATION PLANT
viii
ii In case the Bank Account is not debited the User may initiate a fresh transaction to make payment However the User agrees that under no circumstances the Payment Gateway Service Provider shall be held responsible for such fraudulentduplicate transactions and hence no claims should be raised to Payment Gateway Service Provider No communication received by the Payment Gateway Service Provider(s) in this regard shall be entertained by the Payment Gateway Service Provider
Limitation of Liability
Merchant has made this Service available to the User as a matter of convenience Merchant
expressly disclaims any claim or liability arising out of the provision of this Service The User agrees and acknowledges that he she shall be solely responsible for his her conduct and that Merchant reserves the right to terminate the rights to use of the Service immediately without giving any prior notice thereof
Merchant andor the Payment Gateway Service Providers shall not be liable for any
inaccuracy error or delay in or omission of (a) any data information or message or (b) the transmission or delivery of any such data information or message or (c) any loss or damage arising from or occasioned by any such inaccuracy error delay or omission non-performance or interruption in any such data information or message Under no circumstances shall the Merchant andor the Payment Gateway Service Providers its employees directors and its third party agents involved in processing delivering or managing the Services be liable for any direct indirect incidental special or consequential damages or any damages whatsoever including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Services
The Merchant and the Payment Gateway Service Provider(s) assume no liability whatsoever
for any monetary or other damage suffered by the User on account of
(I) the delay failure interruption or corruption of any data or other information transmitted in connection with use of the Payment Gateway or Services in connection thereto and or
(ii) any interruption or errors in the operation of the Payment Gateway
The User shall indemnify and hold harmless the Payment Gateway Service Provider(s) and Merchant and their respective officers directors agents and employees from any claim or demand or actions arising out of or in connection with the utilization of the Services
The User agrees that Merchant or any of its employees will not be held liable by the User for any loss or damages arising from your use of or reliance upon the information contained on the Website or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond Merchantrsquos reasonable control
Miscellaneous Conditions
1 Any waiver of any rights available to Merchant under these Terms and Conditions shall not mean that those rights are automatically waived
2 The User agrees understands and confirms that his her personal data including without limitation details relating to debit card credit card transmitted over the Internet may be susceptible to misuse hacking theft and or fraud and that Merchant or the Payment Gateway Service Provider(s) have no control over such matters
3 Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the User Merchant does not represent or guarantee that the
BIOMETHANATION PLANT
ix
use of the Services provided by through it will not result in theft andor unauthorized use of data over the Internet
4 The Merchant the Payment Gateway Service Provider(s) and its affiliates and associates shall not be liable at any time for any failure of performance error omission interruption deletion defect delay in operation or transmission computer virus communications line failure theft or destruction or unauthorized access to alteration of or use of information contained on the Website
5 The User may be required to create his her own User ID and Password in order to register and or use the Services provided by Merchant on the Website By accepting these Terms and Conditions the User agrees that his her User ID and Password are very important pieces of information and it shall be the Userrsquos own responsibility to keep them secure and confidential In furtherance hereof the User agrees to
Choose a new password whenever required for security reasons Keep his her User ID amp Password strictly confidential Be responsible for any transactions made by User under such User ID and Password
The User is hereby informed that Merchant will never ask the User for the Userrsquos password in an unsolicited phone call or in an unsolicited email The User is hereby required to sign out of his her Merchant account on the Website and close the web browser window when the transaction(s) have been completed This is to ensure that others cannot access the Userrsquos personal information and correspondence when the User happens to share a computer with someone else or is using a computer in a public place like a library or Internet cafeacute
DebitCredit Card Bank Account Details
The User agrees that the debitcredit card details provided by him her for use of the aforesaid Service(s) must be correct and accurate and that the User shall not use a debit credit card that is not lawfully owned by him her or the use of which is not authorized by the lawful owner thereof The User further agrees and undertakes to provide correct and valid debitcredit card details
The User may make his her payment(Tender FeeEarnest Money deposit) to Merchant by using a debitcredit card or through online banking account The User warrants agrees and confirms that when he she initiates a payment transaction andor issues an online payment instruction and provides his her card bank details
The User is fully and lawfully entitled to use such credit debit card bank account for such transactions
The User is responsible to ensure that the card bank account details provided by
him her are accurate The User is authorizing debit of the nominated card bank account for the payment of
Tender Fee and Earnest Money Deposit The User is responsible to ensure sufficient credit is available on the nominated card
bank account at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by the User inclusive of the applicable Fee
Personal Information
The User agrees that to the extent required or permitted by law Merchant and or the Payment Gateway Service Provider(s) may also collect use and disclose personal information in connection with security related or law enforcement investigations or in the course of cooperating with authorities or complying with legal requirements
BIOMETHANATION PLANT
x
The User agrees that any communication sent by the User vide e-mail shall imply release of
information therein therewith to Merchant The User agrees to be contacted via e-mail on such mails initiated by him her
In addition to the information already in the possession of Merchant and or the Payment Gateway Service Provider(s) Merchant may have collected similar information from the User in the past By entering the Website the User consents to the terms of Merchantrsquos information privacy policy and to our continued use of previously collected information By submitting the Userrsquos personal information to us the User will be treated as having given hisher permission for the processing of the Userrsquos personal data as set out herein
The User acknowledges and agrees that his her information will be managed in accordance with the laws for the time in force
Payment Gateway Disclaimer
The Service is provided in order to facilitate payment of Tender FeesEarnest Money Deposit online The Merchant or the Payment Gateway Service Provider(s) do not make any representation of any kind express or implied as to the operation of the Payment Gateway other than what is specified in the Website for this purpose By accepting agreeing to these Terms and Conditions the User expressly agrees that his her use of the aforesaid online payment service is entirely at own risk and responsibility of the User
The EMD if applicable will be paid via online mode or if exemption certificate is available then
valid certificate of exemption from payment of earnest money should be Scanned from
original copy Additional (Performance) Security (if Required) (copy to be Submitted as per
the tender Schedule)
After Tender opening the EMD of the unsucessfull bidder will be returned to account provided by the
bidder during the bid prepration as given in challan under Beneficiary Account Number
BIOMETHANATION PLANT
xi
Ahmednagar Municipal Corporation
TENDER FOR
ldquo DESIGN SUPPLY INSTALLATION ERECTION COMMISSIONING OF BIOMETHANATION
PLANT OF 5 TPD CAPACITY EACH X 2 NOS AND OPERATION amp MAINTENANCE FOR 1
YEAR AT BURUDGAON DEPO AHMEDNAGARrdquo
BIOMETHANATION PLANT
xii
Table of Contents
SECTION I INVITATION FOR TENDERS (IFT)
SECTION II INSTRUCTION TO TENDERERS
A Introduction
1 Eligible Tenderers
2 Cost of Tendering
B The Tender Documents
3 Contents of Tender Documents
4 Clarification of Tender Documents
5 Amendment of Tender Documents (l)
C Preparation of Tenders
6 Language of Tender
7 Documents Constituting the Tender
8 Tender Form
9 Tender Prices
10 Tender Currency
11 Documents Establishing Tenderers Eligibility and Qualifications
12 Documents Establishing Goods Eligibility and Conformity to Tender
Documents
13 Earnest Money Deposit
14 Period of Validity of Tenders
15 Format and Signing of Tender
D Submission of Bids
16 Bidding through E-Tendering System
17 Deadline for Submission of the Bids
18 Late Bids
19 Modification and Withdrawal of Bids
E Tender Opening and Evaluation of Tenders
20 Opening of Tenders by the Purchaser
21 Clarification of Tenders
23 Evaluation and Comparison of Tenders
24 Contacting the Purchaser
F Award of Contract
25 Post qualification
26 Award Criteria
27 Right to vary Quantities
BIOMETHANATION PLANT
xiii
28 Purchasers Right to Accept Any Tender and to Reject Any or All Tenders
29 Notification of Award
30 Signing of Contract
31 Performance Security
32 Corrupt or Fraudulent Practices
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information Inspection and Audit by the
Government
5 Patent Rights
6 Performance Security
7 Inspections and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in the Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
BIOMETHANATION PLANT
xiv
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
SECTION IV SPECIAL CONDITIONS OF CONTRACT
Special Conditions of Contract
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (Clause 27)
7 Notices (Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligations
12 Patent Rights
SECTION V SCHEDULE OF REQUIREMENTS
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
Annexure-1- Plant proposed
Annexure- 2 Other conditions
SECTION VII QUALIFICATION CRITERIA
SECTION VIII TENDER FORM
SECTION IX PRICE SCHEDULE FORMAT
SECTION X CONTRACT FORM
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
SECTION XII-Proforma for Performance Statement of Bidder
1
SECTION I INVITATION FOR TENDERS (IFT)
Date
No
The Ahmednagar Municipal Corporation (AMC) invites tenders from eligible tenderers for ldquoDesign supply installation erection
commissioning of Two Biomethanation plant of 5 TPD each
capacity with operation amp maintenance for 1 YEAR at Burudgaon
Depo Ahmednagarrdquo (place may be chamged as per necessory)
1 The tenderers shall submit tender for all the works under this
contract Part bidding of tender is not allowed
2 The Tender document is available online from e-portal and
bids are to be submitted online through the e-procurement portal
httpamcmaharashtraetendersin Bids submitted manually will
not be accepted One can view and download the tenders published
currently by logging on to httpamcmaharashtraetendersin
For submission of the bids the bidders are required to have Digital
Signature Certificate (DSC) from one of the authorized Certifying
Authorities as detailed in the website
31 Aspiring bidders who have not obtained the User ID and
Password for participating in e-tendering may obtain the same by
registering in the website The contractors once registered can
participate in any of the department tenders
32 The bidding is a single stage two cover system ie- two cover
system (First Cover (Technical) and Second Cover (Financial)) and
Operator to be selected on Least Cost Selection (LCS)
3 Bidders are required to pay online the tender processing fee as
detailed in the website
Note (The non-refundable Tender processing fee details is available
on the e-procurement website)
4 A Pre-bid Meeting will be held at the Office of ldquoCommissioner
Ahmednagar Municipal Corporationrdquo to clarify the issues and to
2
answer questions on any matter that may be raised at that stage as
stated in Clause 92 of lsquoInstructions to Biddersrsquo of the bidding
document
5 The last Date and time for receipt of bids through the e-
tendering portal httpamcmaharashtraetendersin and will be
opened as per e-portal from the last date and time of receipt of bids
If the office happens to be closed on the date of opening of the bids as
specified the bids will be opened on the next working day at the
same time and venue
6 Other details can be seen in the bidding documents
Note
The Employer shall not be held liable for any delays due to system
failure beyond its control Even though the system will attempt to
notify the bidders of any bid updates The Employer shall not be
liable for any information not received by the bidder It is the
biddersrsquo responsibility to verify the website for the latest information
related to the tender The bidder is required to ensure browser
compatibility of the computer well in advance to the last date and
time for receipt of the tenders The department shall not be
responsible for non-accessibility of e-procurement portal due to
internet connectivity issues and technical glitches
3
SECTION II INSTRUCTION TO TENDERERS
A Introduction
1 Eligible Tenderers
11 The tender is open to all bidders who satisfy the qualification
criteria
12 The tenderer should be a registered legal entity Joint ventures
are allowed
13 Tenderers should not be associated or have been associated in
the past directly or indirectly with a firm or any of its affiliates
which have been engaged by the Purchaser to provide consulting
services for the preparation of the design specifications and other
documents to be used for the procurement of the goods to be
purchased under this Invitation of Tenders
14 Tenderers shall not be under a declaration of ineligibility for
corrupt and fraudulent practices issued by Government of
Maharashtra or India
2 Cost of Tendering
21 The Tenderer shall bear all costs associated with the
preparation and submission of its tender and AMC hereinafter
referred to as the Purchaser will in no case be responsible or liable
for these costs regardless of the conduct or outcome of the tender
process
B The Tender Documents
3 Contents of Tender Documents
31 The goods required tendering procedures and contract terms
are prescribed in the tender documents In addition to the Invitation
for Tenders the tender documents include
a Instruction to Tenderers (ITT)
b General Conditions of Contract (GCC)
c Special Conditions of Contract (SCC)
d Schedule of Requirements
4
e Technical Specifications
f Tender Form and Price Schedules
g Earnest Money Deposit Form
h Contract Form
i Performance Security Form
j Performance Statement Form
32 The Tenderer is expected to examine all instructions forms
terms and specifications in the tender documents Failure to furnish
all information required by the tender documents or submission of a
tender not substantially responsive to the tender documents in every
respect will be at the Tendererrsquos risk and may result in rejection of its
tender
4 Clarification of Tender Documents
41 The electronic bidding system provides for online
clarifications A prospective tenderer requiring any clarification may
notify online the authority inviting the bid The authority-inviting bid
will respond to any request(s) for clarification received in writing up
to pre-bid meeting Description of clarification sought and the
response of the authority inviting the bid will be uploaded for
information of the public or other bidders without identifying the
source of request for clarification
The Tenderer or his official representative is invited to attend a pre-
bid meeting which will take place at the office of the ldquoCommissioner
Ahmednagar Municipal Corporationrdquo
42 The purpose of the meeting will be to clarify issues and to
answer questions on any matter that may be raised at that stage
43 The Tenderer is requested to submit any questions in written
addressed to the commissioner Ahmednagar Municipal Corporation
not later than day of pre-bid meeting
44 Minutes of the meeting including the text of the questions
raised (without identifying the source of enquiry) and the responses
given will be uploaded on the website
httpamcmaharashtraetendersin Any modification of the
5
bidding documents which may become necessary as a result of the
pre-bid meeting shall be made by the Purchaser exclusively through
the issue of an Addendum in pursuant to Clause 5 of IT Band
45 Non-attendance at the pre-bid meeting will not be a cause for
disqualification of a bidder
5 Amendment of Tender Documents (l)
51 At any time prior to the deadline for submission of tenders the
Purchaser may for any reason whether at its own initiative or in
response to a clarification requested by a prospective tenderer
modify the tender documents by amendment
52 The addendum will appear on the web page of the website
httpamcmaharashtraetendersin
53 In order to allow prospective tenderers reasonable time in
which to take the amendment into account in preparing their
tenders the Purchaser at its discretion may extend the deadline for
the submission of tenders
C Preparation of Tenders
6 Language of Tender
61 The tender prepared by the Tenderer as well as all
correspondence and documents relating to the tender exchanged by
the Tenderer and the Purchaser shall be written in English language
Supporting documents and printed literature furnished by the
Tenderer may be in another language provided they are
accompanied by an accurate translation of the relevant passages in
the English language in which case for purposes of interpretation of
the Tender the translation shall govern
7 Documents Constituting the Tender
a Technical Cover
The bidding is a single stage two cover system (First Cover
(Technical) and Second Cover (Financial)) and Successful Bidder to
be selected on Least Cost Selection (LCS) The bidder shall attach the
detailed technical specification of the machines proposed by him in
6
the technical bid The bidder shall attach the flow chart and detailed
proposed Biomethnation plant in the technical bid
The technical proposal will be evaluated and the proposal which are
found technically sound and satisfy other eligibility criteria shall be
called for presentation before the committee If committee finds the
offer technically viable the bidder shall be technically qualified
71 While preparing the Technical Tender Operator is expected to
examine the documents comprising this bid document Material
deficiencies in providing the information requested may result in
rejection of a tender The tender prepared by the Tenderer shall
comprise the following components
a) Documentary evidence established in accordance with ITT
Clause 11 that the Tenderer is eligible to tender and is qualified to
perform the contract if its tender is accepted
b) Documentary evidence established in accordance with ITT
Clause 12 that the goods and ancillary services to be supplied by the
Tenderer are eligible goods and services and conform to the tender
documents and
c) Earnest money deposit furnished in accordance with ITT
Clause 13
8 Tender Form
81 The Tenderer shall complete the Tender Form and the Price
Schedule furnished in the tender documents indicating the goods to
be supplied a brief description of the Design Supply Installation
Erection commissioning and Operation amp Maintenance of Municipal
Solid Waste Treatment Equipmentrsquos and Machineries their country of
origin quantity and prices
b Financial Cover
9 Tender Prices
91 The Tenderer shall indicate on the Price Schedule of the unit
prices and total tender prices of the Design supply installation
7
erection commissioning of Two Biomethanation plant of 5 TPD each
capacity with operation amp maintenance for 1 YEAR at Burudgaon
Depo Ahmednagar
92 Tenderers shall quote for the complete requirement of
processing machinery with vehicles goods and services specified
under single responsibility basis The least bidder shall be awarded
the work
93 Prices indicated on the Price Schedule shall be inclusive of the
following
(i) The price of the goods and services quoted (proposed
Biomethanation Plant including Design Supply Installation erection
commissioning and Operation amp Maintenance as applicable) shall
include all duties and sales and other taxes already paid or payable
by the tenderer
(ii) Any duties sales and other taxes which will be payable on the
goods shall be borne by the contractor if this Contract is awarded
(iii) The price for inland transportation insurance and other local
costs incidental to delivery of the goods to their final destination and
(iv) Cost towards erection and commissioning at site including
foundation
94 Prices quoted by the Tenderer shall be fixed during the
Tendererrsquos performance of the Contract and not subject to variation
on any account A tender submitted with an adjustable price
quotation will be treated as non- responsive and rejected pursuant
to ITT Clause 22
10 Tender Currency
101 Prices shall be quoted in Indian Rupees
11 Documents Establishing Tenderers Eligibility and
Qualifications
111 Pursuant to ITT Clause 7 the Tenderer shall furnish as part of
its Tender documents establishing the Tendererrsquos eligibility to
8
tender and its qualifications to perform the Contract if its tender is
accepted
112 The documentary evidence of the Tenderers qualifications to
perform the Contract if its tender is accepted shall establish to the
Purchasers satisfaction
a) That the average financial turnover of the bidder is 1 crore
in last 3 financial years
b) That The tenderer must have experience of Supply
installation and Commissioning of at least one Bio methanation
plant of 5 TPD capacity in India within last 1 years
Or
b) The bidder must have technology transfer agreement with
BARC (Bhabha Atomic Research Center ) for Biomethanation
plant
Bidder are required to submit Work order copies and
ExecutionCompletion Certificate Technology Transfer Certificate
from BARC AMC may call for original certificates for verification
12 Documents Establishing Goods Eligibility and Conformity
to Tender Documents
121 Pursuant to ITB Clause 7 the Tenderer shall furnish as part of
its tender documents establishing the eligibility and conformity to
the tender documents of all goods and services which the tenderer
proposes to supply under the contract
122 The documentary evidence of conformity of the goods and
services to the tender documents may be in the form of literature
drawings and data and shall consist of
a) a detailed description of the proposed essential technical and
performance characteristics of the goods and machines
b) a list giving full particulars including available sources and
current prices of spare parts special tools etc necessary for the
9
proper and continuing functioning of the goods for a period of one
years following commencement of the use of the goods by the
Purchaser and
c) an item-by-item commentary on the Purchasers Technical
Specifications demonstrating substantial responsiveness of the goods
and services to those specifications or a statement of deviations and
exceptions to the provisions of the Technical Specifications
123 For purposes of the commentary to be furnished pursuant to
ITT Clause 122(c) above the Tenderer shall note that standards for
workmanship material and equipment and references to brand
names or catalogue numbers designated by the Purchaser in its
Technical Specifications are intended to be descriptive only and not
restrictive The Tenderer may substitute alternative standards brand
names andor catalogue numbers in its tender provided that it
demonstrates to the Purchasers satisfaction that the substitutions
ensure substantial equivalence to those designated in the Technical
Specifications
13 Earnest Money Deposit
131 Pursuant to ITT Clause 7 the Tenderer shall furnish as part of
its tender earnest money deposit in the amount as specified in
Section-V - Schedule of Requirements
132 The earnest money deposit is required to protect the Purchaser
against the risk of Tenderers conduct which would warrant the
securitys forfeiture pursuant to ITB Clause 137
133 The earnest money deposit shall be denominated in Indian
Rupees and shall be paid online only on the portal
134 Any tender not secured in accordance with ITT Clauses 131
and the Purchaser as non-responsive pursuant to ITT Clause 22 will
reject 133 above
135 Unsuccessful Tenderers earnest money deposit will be
dischargedreturned as promptly as possible but not later than 30
days after the expiration of the period of tender validity prescribed
by the Purchaser pursuant to ITT Clause 14
10
136 The successful Tenderers earnest money deposit will be
discharged upon the Tenderer signing the Contract pursuant to ITT
Clause 30 and furnishing the performance security pursuant to ITB
Clause 31
137 The tender security may be forfeited
(a) if a Tenderer (i) withdraws its tender during the period of
tender validity specified by the Tenderer on the Tender Form or (ii)
does not accept the correction of errors pursuant to ITT Clause 222
or
(b) in case of a successful Tenderer if the Tenderer fails (i) to sign
the Contract in accordance with ITT Clause 30 or (ii) to furnish
performance security in accordance with ITT Clause 31
14 Period of Validity of Tenders
141 Tenders shall remain valid for 120 days after the deadline for
submission of tenders prescribed by the Purchaser pursuant to ITT
Clause 17 A tender valid for a shorter period shall be rejected by the
Purchaser as non-responsive
142 In exceptional circumstances the Purchaser may solicit the
Tenderers consent to an extension of the period of validity The
request and the responses thereto shall be made in writing (or by
cable or telex or fax) The earnest money deposit provided under ITT
Clause 13 shall also be suitably extended A Tenderer may refuse the
request without forfeiting its earnest money deposit A Tenderer
granting the request will not be required nor permitted to modify its
tender
15 Format and Signing of Tender
151 Bidders shall submit offers that comply with the requirements
of the bidding documents including the basic technical design as
indicated in the drawing and specifications Alternatives will not be
considered
11
D Submission of Bids
16 Bidding through E-Tendering System
161 The tendering under this contract is electronic bid submission
through website httpamcmaharashtraetendersin Detailed
guidelines for viewing bids and submission of online bids are given
on the website The Invitation for Tenders is published on this
website Any citizen or prospective tenderer can logon to this
website and view the Invitation for Tenders and can view the details
of works for which bids are invited The prospective tenderer can
submit tenders online however the bidder is required to have
enrolmentregistration in the website and should have valid Digital
Signature Certificate (DSC) The DSC can be obtained from any
authorized certifying agencies The tenderer should register in the
web site httpamcmaharashtraetendersin After this the
tenderer can login the site through the secured login Bidders are
requested to go through the bid documents carefully and submit the
required information without exception otherwise bids will be
rejected
162 The completed tender should be uploaded on the website
given above through e-tendering along with scanned copies of
requisite certificates as are mentioned in different sections in the
bidding document and scanned copy of the Bid Security No financial
quote shall be uploaded as part of the Technical Bid
163 The bidder shall submit online the requirements under
qualification criteria and Technical and Financial parts The contents
of the Post Qualification and Technical and Financial bid shall be as
specified in ITT After electronic on line bid submission the system
generates a unique bid reference number which is time stamped
This shall be treated as acknowledgement of bid submission
17 Deadline for Submission of the Bids
171 Bids must be received by the Employer online not later than
the due date as specified in the online portal
172 The Employer may extend the deadline for submission of bids
by issuing an amendment in accordance with Clause 5 in which case
12
all rights and obligations of the Employer and the bidders previously
subject to the original deadline will then be subject to the new
deadline
18 Late Bids
181 The electronic bidding system would not allow any late
submission of bids after due date and time as per server time
19 Modification and Withdrawal of Bids
191 Tenderers may modify their bids online before the deadline
prescribed in Clause 17 for bid modification and consequential re-
submission
192 No tenders may be modified after the deadline for submission
of Bids
193 Withdrawal or modification of a tender between the deadline
for submission of tender and the expiration of the original period of
bid validity specified in Clause 141 above or as extended pursuant to
Clause 142 is not allowed in the e-procurement system If a tenderer
does the same through any other medium then it may result in the
forfeiture of the Tender security pursuant to Clause 137
E Tender Opening and Evaluation of Tenders
20 Opening of Tenders by the Purchaser
201 The Purchaser will open all the Technical Cover in the
presence of Tenderersrsquo representatives who choose to attend as per
e-portal
The Tendererrsquos representatives who are present shall sign a register
evidencing their attendance In the event of the specified date of
Tender opening being declared a holiday for the Purchaser the
tenders shall be opened at the appointed time and location on the
next working day
202 The Tendererrsquos names tender modifications or withdrawals
tender prices discounts and the presence or absence of requisite
tender security and such other details as the Purchaser at its
discretion may consider appropriate will be announced at the
opening No tender shall be rejected at tender opening except for late
13
tenders which shall be returned unopened to the Tenderer pursuant
to ITT Clause 18
203 Tenders (and modifications sent pursuant to ITT Clause 192)
that are not opened and read out at tender opening shall not be
considered further for evaluation irrespective of the circumstances
204 The Purchaser will prepare minutes of the tender opening The
Financial Bid of the successful bidders only will be opened after
completion of technical bid evaluation
21 Clarification of Tenders
During evaluation of tenders the Purchaser may at its discretion ask
the Tenderer for a clarification of its tender The request for
clarification and the response shall be in writing and no change in
prices or substance of the tender shall be sought offered or
permitted
22 Preliminary Examination
221 The Purchaser will examine the technical bid to determine
whether they are complete whether required sureties have been
furnished and whether the tenders are generally in order
2211 The evaluation committee appointed by the Employer as
a whole and each of its members individually will evaluate the
Technical Bids on the basis of their responsiveness to the ITB A Bid
shall be rejected at this stage if it does not respond to important
aspects of the Bid Document
222 After the evaluation of technical Bid is completed the
Purchaser shall notify those bidders whose Bids meet the
qualification criteria as detailed in Section VII or were considered
responsive to the bid document indicating that the presentation has
to be made by their company After presentation by the company the
committee members or the person authorized by the commissioner
may visit the plant established by the bidder The bidder to whom the
committee is satisfied with the documents and the presentation and
the site visit if required will be informed as technically qualified
bidders
14
223 The financial bid opening date shall not be informed to the
technically disqualified bidders
2231 The Financial Cover shall be opened publicly in the
presence of the bidders representatives who choose to attend The
bid opening shall be online only
2232 The evaluation committee will determine whether the
Financial Bids are complete correct any computational errors
Arithmetical errors will be rectified on the following basis If there is
a discrepancy between the unit price and the total price that is
obtained by multiplying the unit price and quantity the unit price
shall prevail and the total price shall be corrected If there is a
discrepancy between words and figures the lower of the two will
prevail If the Bidder does not accept the correction of errors its
tender will be rejected and its tender security may be forfeited
2233 All necessary civil work and other related works for
Biomethanation plant is to be done by the successful bidder AMC
shall provide the land road upto the plant site electric connection
upto the plant site AMC shall provide approximately 5 TPD non-veg
organic waste and 5 TPD organic (Veg) waste as feed for each
seperate plant
2234 During the contract period and always the processing
plant machines land and civil works shall be the property of AMC At
the time of handover of the plant to AMC the contractor shall
handover the plant in good running condition If it is found that the
plant is inoperative or needs any repairs and maintenance the
contractor should either repair it to satisfaction of the AMC or if AMC
get it done by its own resources the amount shall be deducted from
the performance security deposit submitted by the contractor
2235 This biding is called for Burudgaon Depo location The
selection procedure of the successful bidder shall be as under
a Whereas successful bidder shall be the bidder quoting lowest for
the Supply Installation Erection commissioning and Operation amp
Maintenance of Municipal Solid Waste Treatment Equipmentrsquos and
Machineries (L-1)
15
b The cost of the MSW Plant and allied accessories for operation
of the plant quoted by the bidder shall be paid by the AMC as per the
payment schedule given in the tender document The value of the
processing plant and allied accessories wit OampM quoted by the
bidder shall be the sole bidding criteria for the tender
c The successful contractor shall not be paid any kind tipping
fees for operating the plant The contractor shall sell the products
(GasElectricitycompostothers) recovered from the processing of
the waste to recover the operation and maintenance cost and the
profits
224 Term of Contract
The term of the contract shall be 1 YEAR and can be renewed for a
similar term if the performance of the contractor is satisfactory
225 Scope of Work
The scope of the work shall be processing of the 5 + 5 TPD waste for
each site (two sites)received at site The rejects from the processing
should not be more than 15 of the total waste The rejects shall be
kept at one side of the site from where the CampT contractor shall lift
the waste and transport it to landfill site
226 Prior to the detailed evaluation pursuant to ITB Clause 23 the
Purchaser will determine the substantial responsiveness of each
tender to the tender documents For purposes of these Clauses a
substantially responsive tender is one which conforms to all the
terms and conditions of the tender documents without material
deviations Deviations from or objections or reservations to critical
provisions such as those concerning Performance Security (GCC
Clause 6) Warranty (GCC Clause 14) Force Majeure (GCC Clause 24)
Limitation of liability (GCC Clause 28) Applicable law (GCC Clause
30) and Taxes amp Duties (GCC Clause 32) will be deemed to be a
material deviation The Purchasers determination of a tenders
responsiveness is to be based on the contents of the tender itself
without recourse to extrinsic evidence
16
227 If a tender is not substantially responsive it will be rejected by
the Purchaser and may not subsequently be made responsive by the
Tenderer by correction of the non-conformity
23 Evaluation and Comparison of Tenders
231 The Purchaser will evaluate and compare the tenders which
have been determined to be substantially responsive pursuant to ITT
Clause 22 for each schedule separately No tender will be considered
if the complete requirements covered in the schedule is not included
in the tender However as stated in ITT Clause 9 The tenderer shall
quote his final prices taken into account all discounts
24 Contacting the Purchaser
241 Subject to ITT Clause 21 no Tenderer shall contact the
Purchaser on any matter relating to its tender from the time of the
tender opening to the time the Contract is awarded If the tenderer
wishes to bring additional information to the notice of the purchaser
it should do so in writing
242 Any effort by a Tenderer to influence the Purchaser in its
decisions on tender evaluation tender comparison or contract award
may result in rejection of the Tenderers tender
F Award of Contract
25 Post qualification
251 In the absence of prequalification the Purchaser will determine
to its satisfaction whether the Tenderer that is selected as having
submitted the lowest evaluated responsive tender meets the criteria
specified in ITT Clause 112 (b) and is qualified to perform the
contract satisfactorily
252 The determination will take into account the Tenderers
financial technical and production capabilities It will be based upon
an examination of the documentary evidence of the Tenderers
qualifications submitted by the Tenderer pursuant to ITT Clause 11
as well as such other information as the Purchaser deems necessary
and appropriate
26 Award Criteria
17
261 Subject to ITT Clause 28 the Purchaser will award the Contract
to the successful Tenderer whose tender has been determined to be
substantially responsive and has been determined as the lowest
evaluated tender provided further that the Tenderer is determined
to be qualified to perform the Contract satisfactorily
27 Right to vary Quantities
271 The contractor shall have to erect the machines proposed by
him in the technical bid and presentation However during the
contract duration for better performance of the processing plant the
contractor shall be free to add the machines vehicles and civil works
at no cost to AMC The contractor shall not be allowed to sell the
installed machines as AMC has already paid the contractor for the
machines and ownership of the machines always lies with the AMC
28 Purchasers Right to Accept Any Tender and to Reject Any
or All Tenders
281 The Purchaser reserves the right to accept or reject any tender
and to annul the tendering process and reject all tenders at any time
prior to contract award without thereby incurring any liability to the
affected Tenderer or Tendererrsquos
29 Notification of Award
291 Prior to the expiration of the period of tender validity the
Purchaser will notify the successful tenderer in writing by registered
letter or by cabletelex or fax to be confirmed in writing by
registered letter that its tender has been accepted
292 The notification of award will constitute the formation of the
Contract
293 Upon the successful Tenderers furnishing of performance
security pursuant to ITT Clause 31 the Purchaser will promptly
notify the name of the winning Tenderer to each unsuccessful
Tenderer and will discharge its earnest money deposit pursuant to
ITT Clause 13
30 Signing of Contract
18
301 At the same time as the Purchaser notifies the successful
tenderer that its tender has been accepted the Purchaser will send
the Tenderer the Contract Form provided in the tender documents
incorporating all agreements between the parties
302 Within 21 days of receipt of the Contract Form the successful
Tenderer shall sign and date the Contract and return it to the
Purchaser
31 Performance Security
311 Within 21 days of the receipt of notification of award from the
Purchaser the successful Tenderer shall furnish the performance
security of 3 of the cost of the machines and equipments
quoted by him The performance security shall be in form of Bank
guarantee 2 payment shall be deducted from each payment which
will make the total performance security to 5 The performance
security shall be released at the end of the contract period
312 Failure of the successful Tenderer to comply with the
requirement of ITT Clause 302 or ITT Clause 311 shall constitute
sufficient grounds for the annulment of the award and forfeiture of
the earnest money deposit in which event the Purchaser may make
the award to the next lowest evaluated Tenderer or call for new
tenders
32 Corrupt or Fraudulent Practices
321 The Government requires that Tendererrsquos Bidders
Contractors observe the highest standard of ethics during the
procurement and execution of Government financed contracts In
pursuance of this policy the Government
(a) defines for the purposes of this provision the terms set forth
as follows
(i) ldquocorrupt practicerdquo means the offering giving receiving or
soliciting of any thing of value to influence the action of a public
official in the procurement process or in contract execution and
(ii) ldquofraudulent practicerdquo means a misrepresentation of facts in
order to influence a procurement process or the execution of a
contract to the detriment of the Government and includes collusive
19
practice among Tenderers (prior to or after tender submission)
designed to establish tender prices at artificial non-competitive
levels and to deprive the Government of the benefits of free and open
competition
(b) will reject a proposal for award if it determines that the
Tenderer recommended for award has engaged in corrupt or
fraudulent practices in competing for the contract in question
(c) will declare a firm ineligible either indefinitely or for a stated
period of time to be awarded a Government financed contract if it at
any time determines that the firm has engaged in corrupt or
fraudulent practices in competing for or in executing a Government-
financed contract
322 Furthermore Tenderers shall be aware of the provision stated
in sub-clause 44 and sub-clause 231 of the General Conditions of
Contract
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
Clause Number Topic
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information
Inspection and Audit by Government
5 Patent Rights
6 Performance Security
7 Inspection and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
20
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
21
General Conditions of Contract
1 Definitions
11 In this Contract the following terms shall be interpreted as
indicated
a The Contract means the agreement entered into between the
Purchaser and the Bidder as recorded in the Contract Form signed
by the parties including all the attachments and appendices thereto
and all documents incorporated by reference therein
b The Contract Price means the price payable to the Bidder
under the Contract for the full and proper performance of its
contractual obligations
c The Goods means all the equipment machinery andor other
materials which the Bidder is required to supply to the Purchaser
under the Contract
d Services means services ancillary to the supply of the Goods
such as transportation and insurance and any other incidental
services such as installation commissioning provision of technical
assistance training and other obligations of the Bidder covered
under the Contract
e ldquoGCCrdquo means the General Conditions of Contract contained in
this section
f ldquoSCCrdquo means the Special Conditions of Contract
g ldquoThe Purchaserrdquo means the organization purchasing the Goods
as named in SCC
h ldquoThe Purchaserrsquos countryrdquo is the country named in SCC
i ldquoThe Bidderrdquo means the individual or firm supplying the Goods
and Services under this Contract
j ldquoThe Governmentrdquo means the Government of Maharashtra
State
k ldquoThe Project Siterdquo where applicable means the place or places
named in SCC
l ldquoDayrdquo means calendar day
2 Application
22
21 These General Conditions shall apply to the extent that
provisions in other parts of the Contract do not supersede them
3 Standards
31 The Goods and machines supplied under this Contract shall
conform to the standards mentioned in the Technical Specifications
given in the technical bid of the bidder and when no applicable
standard is mentioned to the authoritative standard appropriate to
the Goods country of origin and such standards shall be the latest
issued by the concerned institution
4 Use of Contract Documents and Information Inspection
and Audit by the Government
41 The Bidder shall not without the Purchasers prior written
consent disclose the Contract or any provision thereof or any
specification plan drawing pattern sample or information furnished
by or on behalf of the Purchaser in connection therewith to any
person other than a person employed by the Bidder in performance
of the Contract Disclosure to any such employed person shall be
made in confidence and shall extend only so far as may be necessary
for purposes of such performance
42 The Bidder shall not without the Purchaserrsquos prior written
consent make use of any document or information enumerated in
GCC Clause 41 except for purposes of performing the contract
43 Any document other than the Contract itself enumerated in
GCC Clause 41 shall remain the property of the Purchaser and shall
be returned (in all copies) to the Purchaser on completion of the
Bidderrsquos performance under the Contract if so required by the
Purchaser
44 The Bidder shall permit the Government to inspect the Bidderrsquos
accounts and records relating to the performance of the Bidder and
to have them audited by auditors appointed by the Government if so
required by the Government
5 Patent Rights
23
51 The Bidder shall indemnify the Purchaser against all third-
party claims of infringement of patent trademark or industrial
design rights arising from use of the Goods or any part thereof in
India
6 Performance Security
61 Within 21 days of receipt of the notification of contract award
the Bidder shall furnish Performance Security to the Purchaser for an
amount of 5 of the Contract Value valid up to 30 days after the date
of completion of Contract
62 The proceeds of the performance security shall be payable to
the Purchaser as compensation for any loss resulting from the
Bidderrsquos failure to complete its obligations under the Contract
63 The Performance Security shall be denominated in Indian
Rupees and shall be in one of the following forms
a) A Bank guarantee issued by a NationalizedScheduled bank in
the form provided in the tender documents or another form
acceptable to the Purchaser or
b) Crossed demand draft or pay order drawn in favor of the
Purchaser or
64 The Performance Security will be discharged by the Purchaser
and returned to the Bidder not later than 60 days following the date
of completion of the Bidderrsquos performance obligations including any
Warranty obligations under the Contract
7 Inspections and Tests
71 The Purchaser or its representative shall have the right to
inspect andor to test the Goods to confirm their conformity to the
Contract specifications at no extra cost to the Contractor
72 The contractor shall conduct third party inspection from any of
the inspection agency approved by Government of India The cost of
the inspection should be paid by the contractor and no
reimbursement shall be made by AMC for the inspection The
inspection shall be done on the basis of the technical bid submitted
by the tenderer or the approved machines and drawings by AMC
24
73 The inspections and tests may be conducted on the premises of
the Bidder or its subcontractor(s) at point of delivery andor at the
Goods final destination If conducted on the premises of the Bidder or
its subcontractor(s) all reasonable facilities and assistance including
access to drawings and production data - shall be furnished to the
inspectors at no charge to the Purchaser
74 Should any inspected or tested Goods fail to conform to the
specifications the Purchaser may reject the goods and the Bidder
shall either replace the rejected Goods or make alterations necessary
to meet specification requirements free of cost to the Purchaser
75 The Purchasers right to inspect test and where necessary
reject the Goods after the Goods arrival at Project Site shall in no
way be limited or waived by reason of the Goods having previously
been inspected tested and passed by the Purchaser or its
representative prior to the Goods shipment
76 Nothing in GCC Clause 7 shall in any way release the Bidder
from any warranty or other obligations under this Contract
77 Manuals and Drawings
771 Before the goods and equipment are taken over by the
Purchaser the Bidder shall supply operation and maintenance
manuals together with drawings of the goods and equipment These
shall be in such detail as will enable the Purchaser to operate
maintain adjust and repair all parts of the equipment as stated in the
specifications
772 The manuals and drawings shall be in the ruling language
(English) and in such form and numbers as stated in the contract
773 Unless and otherwise agreed the goods and equipment shall
not be considered to be completed for the purpose of taking over
until such manuals and drawings have been supplied to the
Purchaser
8 Packing
25
81 The packing of the goods may not be required however the
documents like operational manual and list of equipments shall be
submitted in two copies in booklet form
9 Delivery and Documents
91 Delivery of the Goods shall be made by the Bidder in
accordance with the terms specified by the Purchaser in the
Notification of Award The bills for the machines shall be submitted
in duplicate The bills for only those equipment will be accepted
whose delivery at site has been done by the bidder
10 Insurance
101 It will the responsibility of the contractor that the Goods and
machines supplied under the Contract shall be fully insured by the
contractor in Indian Rupees against loss or damage incidental to
manufacture or acquisition transportation storage and delivery for
complete duration of the contract For delivery of goods at site the
insurance shall be obtained by the Bidder in an amount equal to
110 of the value of the goods from ldquowarehouse to warehouserdquo
(final destinations) on ldquoAll Risksrdquo basis including War risks and
Strikes
11 Transportation
111 Where the Bidder is required under the Contract to transport
the Goods to a specified place of destination within India defined as
Project site the Bidder as shall be specified in the Contract shall
arrange transport to such place of destination in India including
insurance and the related cost shall be included in the Contract Price
12 Incidental Services
121 The Bidder may be required to provide any or all of the
following services including additional services if any specified in
SCC
a performance or supervision of the on-site assembly andor
start-up of the supplied Goods
b furnishing of tools required for assembly andor maintenance
of the supplied Goods
26
c furnishing of detailed operations and maintenance manual for
each appropriate unit of supplied Goods
d performance or supervision or maintenance andor repair of
the supplied Goods for a period of time agreed by the parties
provided that this service shall not relieve the Bidder of any
warranty obligations under this Contract and
e training of the Purchasers personnel at the Bidderrsquos plant
andor on-site in assembly start-up operation maintenance andor
repair of the supplied Goods
f detailed specifications of each equipment in detail to be
provided
g arrangement of required vehicles and implements for loading
amp unloading of Equipment at Facilities and other required infra for
assembling of equipment
122 Prices charged by the Bidder for incidental services if not
included in the Contract Price for the Goods shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates
charged to other parties by the Bidder for similar services
13 Spare Parts
131 As specified in the SCC the contractor shall be required to
provide any or all of the materials and spare parts at no cost to AMC
132 The Bidder shall carry sufficient inventories to assure ex-stock
supply of consumable spares for the Goods such as gaskets plugs
washers belts etc
14 Warranty
141 The Bidder warrants that the Goods supplied under this
Contract are new unused of the most recent or current models and
that they incorporate all recent improvements in design and
materials unless provided otherwise in the Contract The Bidder
further warrants that all Goods supplied under this Contract shall
have no defect arising from design materials or workmanship
(except when the design andor material is required by the
Purchasers Specifications) or from any act or omission of the Bidder
that may develop under normal use of the supplied Goods in the
conditions prevailing in the country of final destination
27
142 This warranty shall remain valid for 12 months after all the
sections of the entire plant have been delivered and successfully
commissioned and desired outputs are achieved as indicated in the
Contract Although section wise commissioning is proposed the
warranty will come into effect only after completion of all the
sections The Bidder shall in addition comply with the performance
andor consumption guarantees specified under the Contract If for
reasons attributable to the Bidder these guarantees are not attained
in whole or in part the Bidder shall at its discretion either
a make such changes modifications andor additions to the
Goods or any part thereof as may be necessary in order to attain the
contractual guarantees specified in the Contract at its own cost and
expense and to carry out further performance tests in accordance
with SCC Clause 2 OR
b pay liquidated damages to the Purchaser with respect to the
failure to meet the contractual guarantees The rate of these
liquidated damages shall be as specified in the Technical
Specifications
143 If the Bidder having been notified fails to remedy the defect(s)
within 15 days the Purchaser may proceed to take such remedial
action as may be necessary at the Bidderrsquos risk and expense and
without prejudice to any other rights which the Purchaser may have
against the Bidder under the Contract
15 Payment
151 The method and conditions of payment to be made to the
Bidder under this Contract shall be specified in the SCC
152 The Bidderrsquos request(s) for payment shall be made to the
Purchaser in writing accompanied by an invoice describing as
appropriate the Goods delivered and the Services performed and by
documents submitted pursuant to GCC Clause 9 and upon fulfillment
of other obligations stipulated in the contract
153 Payments shall be made promptly by the Purchaser but in no
case later than thirty (30) days after submission of the invoice or
claim by the Bidder
28
154 Payment shall be made in Indian Rupees
16 Prices
161 Prices payable to the Bidder as stated in the contract shall be
firm during the performance of the contract
17 Change Orders
171 The Purchaser may at any time by written order given to the
Bidder pursuant to GCC Clause 31 make changes within the general
scope of the Contract in any one or more of the following
a drawings designs or specifications where Goods to be
furnished under the Contract are to be specifically manufactured for
the Purchaser
b the Services to be provided by the Bidder
172 If any such change causes an increase or decrease in the cost of
or the time required for the Bidderrsquos performance of any provisions
under the Contract an equitable adjustment shall be made in the
Contract Price or delivery schedule or both and the Contract shall
accordingly be amended Any claims by the Bidder for adjustment
under this clause must be asserted within thirty (30) days from the
date of the Bidderrsquos receipt of the Purchasers change order
18 Contract Amendments
181 Subject to GCC Clause 17 no variation in or modification of the
terms of the Contract shall be made except by written amendment
signed by the parties
19 Assignment
191 The Bidder shall not assign in whole or in part its obligations
to perform under the Contract except with the Purchasers prior
written consent
20 Subcontracts
201 Any subcontracting work should be done after confirmation of
the same from the AMC
21 Delays in the Bidderrsquos Performance
29
211 Delivery of the Goods and performance of the Services shall be
made by the Bidder in accordance with the time schedule specified
by the Purchaser in the Schedule of Requirements
212 If at any time during performance of the Contract the Bidder or
its sub-contractor(s) should encounter conditions impeding timely
delivery of the Goods and performance of Services the Bidder shall
promptly notify the Purchaser in writing of the fact of the delay its
likely duration and its cause(s) As soon as practicable after receipt of
the Bidderrsquos notice the Purchaser shall evaluate the situation and
may at its discretion extend the Bidderrsquos time for performance with
or without liquidated damages in which case the extension shall be
ratified by the parties by amendment of the Contract
213 Except as provided under GCC Clause 24 a delay by the Bidder
in the performance of its delivery obligations shall render the Bidder
liable to the imposition of liquidated damages pursuant to GCC
Clause 22 unless an extension of time is agreed upon pursuant to
GCC Clause 212 without the application of liquidated damages
22 Liquidated Damages
221 Subject to GCC Clause 24 if the Bidder fails to deliver any or all
of the Goods or to perform the Services within the period(s) specified
in the Contract the Purchaser shall without prejudice to its other
remedies under the Contract deduct from the Contract Price as
liquidated damages a sum equivalent to 2 of the delivered price of
the delayed Goods or unperformed Services for each week or part
thereof of delay until actual delivery or performance up to a
maximum deduction of 10 of the Contract Price Once the
maximum is reached the Purchaser may consider termination of the
Contract pursuant to GCC Clause 23 Liquidated Damages is applicable
only up to commission and trial run period and not applicable to AMC
phase of the Contract
23 Termination for Default
30
231 The Purchaser may without prejudice to any other remedy for
breach of contract by written notice of default sent to the Bidder
terminate the Contract in whole or part
a if the Bidder fails to deliver any or all of the Goods within the
period(s) specified in the Contract or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 21 or
b if the Bidder fails to perform any other obligation(s) under the
Contract
c If the Bidder in the judgement of the Purchaser has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract
For the purpose of this Clause
ldquoCorrupt practicerdquo means the offering giving receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution
ldquofraudulent practicerdquo means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition
232 In the event the Purchaser terminates the Contract in whole or
in part pursuant to GCC Clause 231 the Purchaser may procure
upon such terms and in such manner as it deems appropriate Goods
or Services similar to those undelivered and the Bidder shall be
liable to the Purchaser for any excess costs for such similar Goods or
Services However the Bidder shall continue the performance of the
Contract to the extent not terminated
24 Force Majeure
241 Not with standing the provisions of GCC Clauses 21 22 23 the
Bidder shall not be liable for forfeiture of its performance security
liquidated damages or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
BIOMETHANATION PLANT
iii
1)सलबद uuml ता+क लफाफा 1 पढल कागदपW असतील
1) सHथा नeदणी Fमाण पWाची साfा_कत Fत
2) कामगार भ=वgय 9नवाह 9नधी Fमाण पW
3) जीएसट Oमाक
4) सHथची मागील वषाची _कमान 1 कोट आथक उलाढाल असण आवaयक आह
5) पनकाड
6) 9न=वदाधारकास महानगरपालका अथवा अ वग नगरपालका मधील घनकचरा
XयवHथापन =वभागाकडस 5 मटन fमतच BIOMETHANATION PLANT परवठा
कलबाबत
7) आयकर =ववरण पW लगतच दोन वषाच
8)कामगार अपघात =वमा
9)भ=वgय 9नवाह 9नधी भरलबाबत मागील चलन
10)सबधीत कWाटदार यायावर कठयाह Fकारच आfप गampह (कचरा डपो हताळणवर) अस
नय
2)सलबद दराचा लफाफा 2
bull आपल दर पWक मUय मनपान ठकदारास अदा करNयात यणार रकम ह सोबत जोडलया
दर पWकात Vबनचक भारावी (खाडा खोड कh नय)
1) अटय त 9न=वदा =वचारात घतल जाणार नाहतसच 9न=वद F_Oया मदतीत दाखल दर बाबत
पampहा पW वगर _कवा इतर मागान कमी जाHत करता यणार नाहमनपा छाणनी समोर
9नणय घNयात यईल
2) यशHवी ठकक़दारास योkय _कमतीया Hटlप पपरवर करारनामा क+न dयावा लागल
3) यशHवी ठकदारास कामापोट 9नयमानसार अनामत रकम भरावी लागल
5)9न=वदा =वO)या शवटया दवशी सच Fाmत न झायास व िHवकती या शवटया दवशी
ऑन लाईन सादरकरण न झायास Iयाची सवHवी जबाबदार 9न=वदा धारकाची राहल
6)सव कागदपW अनOमाक टाकन अपलोड करावीत
7)9न=वदा उघडNयाया अखरया दवशी कायालयीन सbट असयास 9न=वदा पढल कायालयीन
दनाकास उघडNयात यईल
8)कोणतीह 9न=वदा Hवीकारणनाकारण अथवा रdद करण याबाबतच अ9तम अधकार
माआयतअहमदनगर महानगरपालका याना राहतील
9)ताVWक लफाफा उघडत वळी 9न=वदाधारक _कवा Iयाच अधकत F9त9नधी यानी 9न=वद मUय
Hकन क+न जोडलया कागद पWाच मळ Fती सादर कराXया
10)9न=वदाकारान ई-9न=वदा दाखल कयानतर जXहा मनपा आथक दर लफाफा उघडल Iयानतर
दराबाबत कोणतह फर फार _कवा Iयाबाबत पW सादर करता यणार नाह कदाचत एखाdया
9न=वदाकारान ऑन लाईन 9न=वदा मदत नतर अस दर सादर कयास Iयाचा =वचार कला जाणार
नाह
उपायत(कर)
अहमदनगर महानगरपालकाअनगर
BIOMETHANATION PLANT
iv
9न=वदा फॉम
अहमदनगर महानगरपालका अहमदनगर घनकचरा XयवHथापन =वभाग
9न=वद मधील तपशलानसार एकण रकमच दर पWक
कामाचा तपशील कामाची
कालावधी
Fकप
उभारणी
9न=वदाकारान नमद करावयाच दर सव
करासहत रकम +पय F9त 5 TPD fमतच
BIOMETHANATION PLANT व दखभाल
द+Hती बाबत F9त महना दर
मशीनर Xय9तरत
यणार इतर खच
नमद कराव
अहमदनगर महानगरपालका
मालक)या ब+डगाव सव न34
या ठकाणी 5 TPD Veg व 5 TPD Nonveg Solid Wast peocessing
BIOMETHANATION PLANT
उभारणी क+न मत जनावराची
व क7लखाampयातन 9नमाण
होणा-या मासजampय ओला कच-
याची =वहवाट लावणकामी
तसच शहरातील दनदन हॉटल
खानावळी व इतर ठकाणाहन
9नमाण होणा-या ओया कच-
याची =वहवाट लावन मथन
DसबायोDस 9नमती Fकप
करता लागणार मशनर
परवठा क+नउभारणीकरण व
अतगत HथापIय काम करण
व एक वषाकरता Fकप
दखभाल व द+Hतीसह
चाल=वणकामी बाबत
Fकप
उभारणी
एक वष व
दखभाल व
द+Hती एक
वषाकरता
1) अहमदनगर महानगरपालकस Veg 5 TPD
fमतच BIOMETHANATION PLANT
उभारणीसहच दर रकम +
(अfर-
)
2) अहमदनगर महानगरपालकस Nonveg 5
TPD fमतच BIOMETHANATION PLANT
उभारणीसहच दर रकम +
(अfर-
)
3)अहमदनगर महानगरपालकस Veg 5 TPD
fमतच BIOMETHANATION PLANT
दखभाल व द+Hती बाबत दर रकम +
(अfर-
)
BIOMETHANATION PLANT
v
4)अहमदनगर महानगरपालकस Nonveg 5
TPD fमतच BIOMETHANATION PLANT
दखभाल व द+Hती बाबत दर रकम +
(अfर-
)
9न=वदाया अट व शत मला माampय असन Iया Fमाण 9न=वदा दर भ+न सादर करत आह
9न=वदाधारकाची Hवाfर व
शका
नाव-
प7ा-
उपायत(कर)
अहमदनगर महानगरपालकाअनगर
ऑनलाईन ई नवदा फॉम0 1फ व बयाणा र3कम भरणक5रता सव0साधारण सचना
BIOMETHANATION PLANT
vi
The EMD applicable amount shall be paid via Online mode onlyIn case of EMD
exemptionvalid EMD Exemption Certificate
Note
Realisation of NEFTRTGS payment normally takes 2 to 24 hours so it is advised to make
sure that NEFTRTGS payment activity should be completed well before time
NEFTRTGS option will be depend on the amount of EMD
Help File regarding use of ePayment Gateway can be downloaded from eTendering portal
C) Terms and Conditions For Online-Payments
The Terms and Conditions contained herein shall apply to any person (ldquoUserrdquo) using the
services of hereinafter referred to as ldquoMerchantrdquo for making Tender fee and Earnest Money
Deposit(EMD) payments through an online Payment Gateway Service (ldquoServicerdquo) offered by
ICICI Bank Ltd in association with E Tendering Service provider and Payment Gateway
Service provider through Each User is therefore deemed to have read and accepted these
Terms and Conditions
Privacy Policy The Merchant respects and protects the privacy of the individuals that access the information and use the services provided through them Individually identifiable information about the User is not willfully disclosed to any third party without first receiving the Users permission as covered in this Privacy Policy This Privacy Policy describes Merchantrsquos treatment of personally identifiable information that Merchant collects when the User is on the Merchantrsquos website The Merchant does not collect any unique information about the User (such as Users name email address age gender etc) except when you specifically and knowingly provide such information on the Website Like any business interested in offering the highest quality of service to clients Merchant may from time to time send email to the User and other communication to tell the User about the various services features functionality and content offered by Merchants website or seek voluntary information fromThe User Please be aware however that Merchant will release specific personal information about the User if required to do so in the following cirumstances
in order to comply with any valid legal process such as a search warrant statute or
court order or available at time of opening the tender
if any of Userrsquos actions on our website violate the Terms of Service or any of our guidelines for specific services or
to protect or defend Merchantrsquos legal rights or property the Merchantrsquos site or the Users of
the site or
to investigate prevent or take action regarding illegal activities suspected fraud situations involving potential threats to the security integrity of Merchantrsquos websiteofferings
General Terms and Conditions For E-Payment
Once a User has accepted these Terms and Conditions he she may register on Merchantrsquos
website and avail the Services
Merchants rights obligations undertakings shall be subject to the laws in force in India as
BIOMETHANATION PLANT
vii
well as any directives procedures of Government of India and nothing contained in these Terms and Conditions shall be in derogation of Merchants right to comply with any law enforcement agencies request or requirements relating to any Userrsquos use of the website or information provided to or gathered by Merchant with respect to such use Each User accepts and agrees that the provision of details of his her use of the Website to regulators or police or to any other third party in order to resolve disputes or complaints which relate to the Website shall be at the absolute discretion of Merchant
If any part of these Terms and Conditions are determined to be invalid or unenforceable
pursuant to applicable law including but not limited to the warranty disclaimers and liability limitations set forth herein then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect
These Terms and Conditions constitute the entire agreement between the User and
Merchant These Terms and Conditions supersede all prior or contemporaneous communications and proposals whether electronic oral or written between the User and Merchant A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form
The entries in the books of Merchant andor the Payment Gateway Service Providers kept in
the ordinary course of business of Merchant andor the Payment Gateway Service Providers with regard to transactions covered under these Terms and Conditions and matters therein appearing shall be binding on the User and shall be conclusive proof of the genuineness and accuracy of the transaction
Refund For Charge Back Transaction In the event there is any claim for of charge back
by the User for any reason whatsoever such User shall immediately approach Merchant with his her claim details and claim refund from Merchant alone Such refund (if any) shall be effected only by Merchant via payment gateway or by means of a demand draft or such other means as Merchant deems appropriate No claims for refund charge back shall be made by any User to the Payment Gateway Service Provider(s) and in the event such claim is made it shall not be entertained
In these Terms and Conditions the term ldquoCharge Backrdquo shall mean approved and settled
credit card or net banking purchase transaction(s) which are at any time refused debited or charged back to merchant account (and shall also include similar debits to Payment Gateway Service Providers accounts if any) by the acquiring bank or credit card company for any reason whatsoever together with the bank fees penalties and other charges incidental thereto
Refund for fraudulentduplicate transaction(s) The User shall directly contact Merchant for any fraudulent transaction(s) on account of misuse of Card Bank details by a fraudulent individualparty and such issues shall be suitably addressed by Merchant alone in line with their policies and rules
Server Slow DownSession Timeout In case the Website or Payment Gateway Service
Providerrsquos webpage that is linked to the Website is experiencing any server related issues like lsquoslow downrsquo or lsquofailurersquo or lsquosession timeoutrsquo the User shall before initiating the second payment check whether hisher Bank Account has been debited or not and accordingly resort to one of the following options
i In case the Bank Account appears to be debited ensure that he she does not make the payment twice and immediately thereafter contact Merchant via e-mail or any other mode of contact as provided by Merchant to confirm payment
BIOMETHANATION PLANT
viii
ii In case the Bank Account is not debited the User may initiate a fresh transaction to make payment However the User agrees that under no circumstances the Payment Gateway Service Provider shall be held responsible for such fraudulentduplicate transactions and hence no claims should be raised to Payment Gateway Service Provider No communication received by the Payment Gateway Service Provider(s) in this regard shall be entertained by the Payment Gateway Service Provider
Limitation of Liability
Merchant has made this Service available to the User as a matter of convenience Merchant
expressly disclaims any claim or liability arising out of the provision of this Service The User agrees and acknowledges that he she shall be solely responsible for his her conduct and that Merchant reserves the right to terminate the rights to use of the Service immediately without giving any prior notice thereof
Merchant andor the Payment Gateway Service Providers shall not be liable for any
inaccuracy error or delay in or omission of (a) any data information or message or (b) the transmission or delivery of any such data information or message or (c) any loss or damage arising from or occasioned by any such inaccuracy error delay or omission non-performance or interruption in any such data information or message Under no circumstances shall the Merchant andor the Payment Gateway Service Providers its employees directors and its third party agents involved in processing delivering or managing the Services be liable for any direct indirect incidental special or consequential damages or any damages whatsoever including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Services
The Merchant and the Payment Gateway Service Provider(s) assume no liability whatsoever
for any monetary or other damage suffered by the User on account of
(I) the delay failure interruption or corruption of any data or other information transmitted in connection with use of the Payment Gateway or Services in connection thereto and or
(ii) any interruption or errors in the operation of the Payment Gateway
The User shall indemnify and hold harmless the Payment Gateway Service Provider(s) and Merchant and their respective officers directors agents and employees from any claim or demand or actions arising out of or in connection with the utilization of the Services
The User agrees that Merchant or any of its employees will not be held liable by the User for any loss or damages arising from your use of or reliance upon the information contained on the Website or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond Merchantrsquos reasonable control
Miscellaneous Conditions
1 Any waiver of any rights available to Merchant under these Terms and Conditions shall not mean that those rights are automatically waived
2 The User agrees understands and confirms that his her personal data including without limitation details relating to debit card credit card transmitted over the Internet may be susceptible to misuse hacking theft and or fraud and that Merchant or the Payment Gateway Service Provider(s) have no control over such matters
3 Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the User Merchant does not represent or guarantee that the
BIOMETHANATION PLANT
ix
use of the Services provided by through it will not result in theft andor unauthorized use of data over the Internet
4 The Merchant the Payment Gateway Service Provider(s) and its affiliates and associates shall not be liable at any time for any failure of performance error omission interruption deletion defect delay in operation or transmission computer virus communications line failure theft or destruction or unauthorized access to alteration of or use of information contained on the Website
5 The User may be required to create his her own User ID and Password in order to register and or use the Services provided by Merchant on the Website By accepting these Terms and Conditions the User agrees that his her User ID and Password are very important pieces of information and it shall be the Userrsquos own responsibility to keep them secure and confidential In furtherance hereof the User agrees to
Choose a new password whenever required for security reasons Keep his her User ID amp Password strictly confidential Be responsible for any transactions made by User under such User ID and Password
The User is hereby informed that Merchant will never ask the User for the Userrsquos password in an unsolicited phone call or in an unsolicited email The User is hereby required to sign out of his her Merchant account on the Website and close the web browser window when the transaction(s) have been completed This is to ensure that others cannot access the Userrsquos personal information and correspondence when the User happens to share a computer with someone else or is using a computer in a public place like a library or Internet cafeacute
DebitCredit Card Bank Account Details
The User agrees that the debitcredit card details provided by him her for use of the aforesaid Service(s) must be correct and accurate and that the User shall not use a debit credit card that is not lawfully owned by him her or the use of which is not authorized by the lawful owner thereof The User further agrees and undertakes to provide correct and valid debitcredit card details
The User may make his her payment(Tender FeeEarnest Money deposit) to Merchant by using a debitcredit card or through online banking account The User warrants agrees and confirms that when he she initiates a payment transaction andor issues an online payment instruction and provides his her card bank details
The User is fully and lawfully entitled to use such credit debit card bank account for such transactions
The User is responsible to ensure that the card bank account details provided by
him her are accurate The User is authorizing debit of the nominated card bank account for the payment of
Tender Fee and Earnest Money Deposit The User is responsible to ensure sufficient credit is available on the nominated card
bank account at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by the User inclusive of the applicable Fee
Personal Information
The User agrees that to the extent required or permitted by law Merchant and or the Payment Gateway Service Provider(s) may also collect use and disclose personal information in connection with security related or law enforcement investigations or in the course of cooperating with authorities or complying with legal requirements
BIOMETHANATION PLANT
x
The User agrees that any communication sent by the User vide e-mail shall imply release of
information therein therewith to Merchant The User agrees to be contacted via e-mail on such mails initiated by him her
In addition to the information already in the possession of Merchant and or the Payment Gateway Service Provider(s) Merchant may have collected similar information from the User in the past By entering the Website the User consents to the terms of Merchantrsquos information privacy policy and to our continued use of previously collected information By submitting the Userrsquos personal information to us the User will be treated as having given hisher permission for the processing of the Userrsquos personal data as set out herein
The User acknowledges and agrees that his her information will be managed in accordance with the laws for the time in force
Payment Gateway Disclaimer
The Service is provided in order to facilitate payment of Tender FeesEarnest Money Deposit online The Merchant or the Payment Gateway Service Provider(s) do not make any representation of any kind express or implied as to the operation of the Payment Gateway other than what is specified in the Website for this purpose By accepting agreeing to these Terms and Conditions the User expressly agrees that his her use of the aforesaid online payment service is entirely at own risk and responsibility of the User
The EMD if applicable will be paid via online mode or if exemption certificate is available then
valid certificate of exemption from payment of earnest money should be Scanned from
original copy Additional (Performance) Security (if Required) (copy to be Submitted as per
the tender Schedule)
After Tender opening the EMD of the unsucessfull bidder will be returned to account provided by the
bidder during the bid prepration as given in challan under Beneficiary Account Number
BIOMETHANATION PLANT
xi
Ahmednagar Municipal Corporation
TENDER FOR
ldquo DESIGN SUPPLY INSTALLATION ERECTION COMMISSIONING OF BIOMETHANATION
PLANT OF 5 TPD CAPACITY EACH X 2 NOS AND OPERATION amp MAINTENANCE FOR 1
YEAR AT BURUDGAON DEPO AHMEDNAGARrdquo
BIOMETHANATION PLANT
xii
Table of Contents
SECTION I INVITATION FOR TENDERS (IFT)
SECTION II INSTRUCTION TO TENDERERS
A Introduction
1 Eligible Tenderers
2 Cost of Tendering
B The Tender Documents
3 Contents of Tender Documents
4 Clarification of Tender Documents
5 Amendment of Tender Documents (l)
C Preparation of Tenders
6 Language of Tender
7 Documents Constituting the Tender
8 Tender Form
9 Tender Prices
10 Tender Currency
11 Documents Establishing Tenderers Eligibility and Qualifications
12 Documents Establishing Goods Eligibility and Conformity to Tender
Documents
13 Earnest Money Deposit
14 Period of Validity of Tenders
15 Format and Signing of Tender
D Submission of Bids
16 Bidding through E-Tendering System
17 Deadline for Submission of the Bids
18 Late Bids
19 Modification and Withdrawal of Bids
E Tender Opening and Evaluation of Tenders
20 Opening of Tenders by the Purchaser
21 Clarification of Tenders
23 Evaluation and Comparison of Tenders
24 Contacting the Purchaser
F Award of Contract
25 Post qualification
26 Award Criteria
27 Right to vary Quantities
BIOMETHANATION PLANT
xiii
28 Purchasers Right to Accept Any Tender and to Reject Any or All Tenders
29 Notification of Award
30 Signing of Contract
31 Performance Security
32 Corrupt or Fraudulent Practices
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information Inspection and Audit by the
Government
5 Patent Rights
6 Performance Security
7 Inspections and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in the Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
BIOMETHANATION PLANT
xiv
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
SECTION IV SPECIAL CONDITIONS OF CONTRACT
Special Conditions of Contract
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (Clause 27)
7 Notices (Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligations
12 Patent Rights
SECTION V SCHEDULE OF REQUIREMENTS
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
Annexure-1- Plant proposed
Annexure- 2 Other conditions
SECTION VII QUALIFICATION CRITERIA
SECTION VIII TENDER FORM
SECTION IX PRICE SCHEDULE FORMAT
SECTION X CONTRACT FORM
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
SECTION XII-Proforma for Performance Statement of Bidder
1
SECTION I INVITATION FOR TENDERS (IFT)
Date
No
The Ahmednagar Municipal Corporation (AMC) invites tenders from eligible tenderers for ldquoDesign supply installation erection
commissioning of Two Biomethanation plant of 5 TPD each
capacity with operation amp maintenance for 1 YEAR at Burudgaon
Depo Ahmednagarrdquo (place may be chamged as per necessory)
1 The tenderers shall submit tender for all the works under this
contract Part bidding of tender is not allowed
2 The Tender document is available online from e-portal and
bids are to be submitted online through the e-procurement portal
httpamcmaharashtraetendersin Bids submitted manually will
not be accepted One can view and download the tenders published
currently by logging on to httpamcmaharashtraetendersin
For submission of the bids the bidders are required to have Digital
Signature Certificate (DSC) from one of the authorized Certifying
Authorities as detailed in the website
31 Aspiring bidders who have not obtained the User ID and
Password for participating in e-tendering may obtain the same by
registering in the website The contractors once registered can
participate in any of the department tenders
32 The bidding is a single stage two cover system ie- two cover
system (First Cover (Technical) and Second Cover (Financial)) and
Operator to be selected on Least Cost Selection (LCS)
3 Bidders are required to pay online the tender processing fee as
detailed in the website
Note (The non-refundable Tender processing fee details is available
on the e-procurement website)
4 A Pre-bid Meeting will be held at the Office of ldquoCommissioner
Ahmednagar Municipal Corporationrdquo to clarify the issues and to
2
answer questions on any matter that may be raised at that stage as
stated in Clause 92 of lsquoInstructions to Biddersrsquo of the bidding
document
5 The last Date and time for receipt of bids through the e-
tendering portal httpamcmaharashtraetendersin and will be
opened as per e-portal from the last date and time of receipt of bids
If the office happens to be closed on the date of opening of the bids as
specified the bids will be opened on the next working day at the
same time and venue
6 Other details can be seen in the bidding documents
Note
The Employer shall not be held liable for any delays due to system
failure beyond its control Even though the system will attempt to
notify the bidders of any bid updates The Employer shall not be
liable for any information not received by the bidder It is the
biddersrsquo responsibility to verify the website for the latest information
related to the tender The bidder is required to ensure browser
compatibility of the computer well in advance to the last date and
time for receipt of the tenders The department shall not be
responsible for non-accessibility of e-procurement portal due to
internet connectivity issues and technical glitches
3
SECTION II INSTRUCTION TO TENDERERS
A Introduction
1 Eligible Tenderers
11 The tender is open to all bidders who satisfy the qualification
criteria
12 The tenderer should be a registered legal entity Joint ventures
are allowed
13 Tenderers should not be associated or have been associated in
the past directly or indirectly with a firm or any of its affiliates
which have been engaged by the Purchaser to provide consulting
services for the preparation of the design specifications and other
documents to be used for the procurement of the goods to be
purchased under this Invitation of Tenders
14 Tenderers shall not be under a declaration of ineligibility for
corrupt and fraudulent practices issued by Government of
Maharashtra or India
2 Cost of Tendering
21 The Tenderer shall bear all costs associated with the
preparation and submission of its tender and AMC hereinafter
referred to as the Purchaser will in no case be responsible or liable
for these costs regardless of the conduct or outcome of the tender
process
B The Tender Documents
3 Contents of Tender Documents
31 The goods required tendering procedures and contract terms
are prescribed in the tender documents In addition to the Invitation
for Tenders the tender documents include
a Instruction to Tenderers (ITT)
b General Conditions of Contract (GCC)
c Special Conditions of Contract (SCC)
d Schedule of Requirements
4
e Technical Specifications
f Tender Form and Price Schedules
g Earnest Money Deposit Form
h Contract Form
i Performance Security Form
j Performance Statement Form
32 The Tenderer is expected to examine all instructions forms
terms and specifications in the tender documents Failure to furnish
all information required by the tender documents or submission of a
tender not substantially responsive to the tender documents in every
respect will be at the Tendererrsquos risk and may result in rejection of its
tender
4 Clarification of Tender Documents
41 The electronic bidding system provides for online
clarifications A prospective tenderer requiring any clarification may
notify online the authority inviting the bid The authority-inviting bid
will respond to any request(s) for clarification received in writing up
to pre-bid meeting Description of clarification sought and the
response of the authority inviting the bid will be uploaded for
information of the public or other bidders without identifying the
source of request for clarification
The Tenderer or his official representative is invited to attend a pre-
bid meeting which will take place at the office of the ldquoCommissioner
Ahmednagar Municipal Corporationrdquo
42 The purpose of the meeting will be to clarify issues and to
answer questions on any matter that may be raised at that stage
43 The Tenderer is requested to submit any questions in written
addressed to the commissioner Ahmednagar Municipal Corporation
not later than day of pre-bid meeting
44 Minutes of the meeting including the text of the questions
raised (without identifying the source of enquiry) and the responses
given will be uploaded on the website
httpamcmaharashtraetendersin Any modification of the
5
bidding documents which may become necessary as a result of the
pre-bid meeting shall be made by the Purchaser exclusively through
the issue of an Addendum in pursuant to Clause 5 of IT Band
45 Non-attendance at the pre-bid meeting will not be a cause for
disqualification of a bidder
5 Amendment of Tender Documents (l)
51 At any time prior to the deadline for submission of tenders the
Purchaser may for any reason whether at its own initiative or in
response to a clarification requested by a prospective tenderer
modify the tender documents by amendment
52 The addendum will appear on the web page of the website
httpamcmaharashtraetendersin
53 In order to allow prospective tenderers reasonable time in
which to take the amendment into account in preparing their
tenders the Purchaser at its discretion may extend the deadline for
the submission of tenders
C Preparation of Tenders
6 Language of Tender
61 The tender prepared by the Tenderer as well as all
correspondence and documents relating to the tender exchanged by
the Tenderer and the Purchaser shall be written in English language
Supporting documents and printed literature furnished by the
Tenderer may be in another language provided they are
accompanied by an accurate translation of the relevant passages in
the English language in which case for purposes of interpretation of
the Tender the translation shall govern
7 Documents Constituting the Tender
a Technical Cover
The bidding is a single stage two cover system (First Cover
(Technical) and Second Cover (Financial)) and Successful Bidder to
be selected on Least Cost Selection (LCS) The bidder shall attach the
detailed technical specification of the machines proposed by him in
6
the technical bid The bidder shall attach the flow chart and detailed
proposed Biomethnation plant in the technical bid
The technical proposal will be evaluated and the proposal which are
found technically sound and satisfy other eligibility criteria shall be
called for presentation before the committee If committee finds the
offer technically viable the bidder shall be technically qualified
71 While preparing the Technical Tender Operator is expected to
examine the documents comprising this bid document Material
deficiencies in providing the information requested may result in
rejection of a tender The tender prepared by the Tenderer shall
comprise the following components
a) Documentary evidence established in accordance with ITT
Clause 11 that the Tenderer is eligible to tender and is qualified to
perform the contract if its tender is accepted
b) Documentary evidence established in accordance with ITT
Clause 12 that the goods and ancillary services to be supplied by the
Tenderer are eligible goods and services and conform to the tender
documents and
c) Earnest money deposit furnished in accordance with ITT
Clause 13
8 Tender Form
81 The Tenderer shall complete the Tender Form and the Price
Schedule furnished in the tender documents indicating the goods to
be supplied a brief description of the Design Supply Installation
Erection commissioning and Operation amp Maintenance of Municipal
Solid Waste Treatment Equipmentrsquos and Machineries their country of
origin quantity and prices
b Financial Cover
9 Tender Prices
91 The Tenderer shall indicate on the Price Schedule of the unit
prices and total tender prices of the Design supply installation
7
erection commissioning of Two Biomethanation plant of 5 TPD each
capacity with operation amp maintenance for 1 YEAR at Burudgaon
Depo Ahmednagar
92 Tenderers shall quote for the complete requirement of
processing machinery with vehicles goods and services specified
under single responsibility basis The least bidder shall be awarded
the work
93 Prices indicated on the Price Schedule shall be inclusive of the
following
(i) The price of the goods and services quoted (proposed
Biomethanation Plant including Design Supply Installation erection
commissioning and Operation amp Maintenance as applicable) shall
include all duties and sales and other taxes already paid or payable
by the tenderer
(ii) Any duties sales and other taxes which will be payable on the
goods shall be borne by the contractor if this Contract is awarded
(iii) The price for inland transportation insurance and other local
costs incidental to delivery of the goods to their final destination and
(iv) Cost towards erection and commissioning at site including
foundation
94 Prices quoted by the Tenderer shall be fixed during the
Tendererrsquos performance of the Contract and not subject to variation
on any account A tender submitted with an adjustable price
quotation will be treated as non- responsive and rejected pursuant
to ITT Clause 22
10 Tender Currency
101 Prices shall be quoted in Indian Rupees
11 Documents Establishing Tenderers Eligibility and
Qualifications
111 Pursuant to ITT Clause 7 the Tenderer shall furnish as part of
its Tender documents establishing the Tendererrsquos eligibility to
8
tender and its qualifications to perform the Contract if its tender is
accepted
112 The documentary evidence of the Tenderers qualifications to
perform the Contract if its tender is accepted shall establish to the
Purchasers satisfaction
a) That the average financial turnover of the bidder is 1 crore
in last 3 financial years
b) That The tenderer must have experience of Supply
installation and Commissioning of at least one Bio methanation
plant of 5 TPD capacity in India within last 1 years
Or
b) The bidder must have technology transfer agreement with
BARC (Bhabha Atomic Research Center ) for Biomethanation
plant
Bidder are required to submit Work order copies and
ExecutionCompletion Certificate Technology Transfer Certificate
from BARC AMC may call for original certificates for verification
12 Documents Establishing Goods Eligibility and Conformity
to Tender Documents
121 Pursuant to ITB Clause 7 the Tenderer shall furnish as part of
its tender documents establishing the eligibility and conformity to
the tender documents of all goods and services which the tenderer
proposes to supply under the contract
122 The documentary evidence of conformity of the goods and
services to the tender documents may be in the form of literature
drawings and data and shall consist of
a) a detailed description of the proposed essential technical and
performance characteristics of the goods and machines
b) a list giving full particulars including available sources and
current prices of spare parts special tools etc necessary for the
9
proper and continuing functioning of the goods for a period of one
years following commencement of the use of the goods by the
Purchaser and
c) an item-by-item commentary on the Purchasers Technical
Specifications demonstrating substantial responsiveness of the goods
and services to those specifications or a statement of deviations and
exceptions to the provisions of the Technical Specifications
123 For purposes of the commentary to be furnished pursuant to
ITT Clause 122(c) above the Tenderer shall note that standards for
workmanship material and equipment and references to brand
names or catalogue numbers designated by the Purchaser in its
Technical Specifications are intended to be descriptive only and not
restrictive The Tenderer may substitute alternative standards brand
names andor catalogue numbers in its tender provided that it
demonstrates to the Purchasers satisfaction that the substitutions
ensure substantial equivalence to those designated in the Technical
Specifications
13 Earnest Money Deposit
131 Pursuant to ITT Clause 7 the Tenderer shall furnish as part of
its tender earnest money deposit in the amount as specified in
Section-V - Schedule of Requirements
132 The earnest money deposit is required to protect the Purchaser
against the risk of Tenderers conduct which would warrant the
securitys forfeiture pursuant to ITB Clause 137
133 The earnest money deposit shall be denominated in Indian
Rupees and shall be paid online only on the portal
134 Any tender not secured in accordance with ITT Clauses 131
and the Purchaser as non-responsive pursuant to ITT Clause 22 will
reject 133 above
135 Unsuccessful Tenderers earnest money deposit will be
dischargedreturned as promptly as possible but not later than 30
days after the expiration of the period of tender validity prescribed
by the Purchaser pursuant to ITT Clause 14
10
136 The successful Tenderers earnest money deposit will be
discharged upon the Tenderer signing the Contract pursuant to ITT
Clause 30 and furnishing the performance security pursuant to ITB
Clause 31
137 The tender security may be forfeited
(a) if a Tenderer (i) withdraws its tender during the period of
tender validity specified by the Tenderer on the Tender Form or (ii)
does not accept the correction of errors pursuant to ITT Clause 222
or
(b) in case of a successful Tenderer if the Tenderer fails (i) to sign
the Contract in accordance with ITT Clause 30 or (ii) to furnish
performance security in accordance with ITT Clause 31
14 Period of Validity of Tenders
141 Tenders shall remain valid for 120 days after the deadline for
submission of tenders prescribed by the Purchaser pursuant to ITT
Clause 17 A tender valid for a shorter period shall be rejected by the
Purchaser as non-responsive
142 In exceptional circumstances the Purchaser may solicit the
Tenderers consent to an extension of the period of validity The
request and the responses thereto shall be made in writing (or by
cable or telex or fax) The earnest money deposit provided under ITT
Clause 13 shall also be suitably extended A Tenderer may refuse the
request without forfeiting its earnest money deposit A Tenderer
granting the request will not be required nor permitted to modify its
tender
15 Format and Signing of Tender
151 Bidders shall submit offers that comply with the requirements
of the bidding documents including the basic technical design as
indicated in the drawing and specifications Alternatives will not be
considered
11
D Submission of Bids
16 Bidding through E-Tendering System
161 The tendering under this contract is electronic bid submission
through website httpamcmaharashtraetendersin Detailed
guidelines for viewing bids and submission of online bids are given
on the website The Invitation for Tenders is published on this
website Any citizen or prospective tenderer can logon to this
website and view the Invitation for Tenders and can view the details
of works for which bids are invited The prospective tenderer can
submit tenders online however the bidder is required to have
enrolmentregistration in the website and should have valid Digital
Signature Certificate (DSC) The DSC can be obtained from any
authorized certifying agencies The tenderer should register in the
web site httpamcmaharashtraetendersin After this the
tenderer can login the site through the secured login Bidders are
requested to go through the bid documents carefully and submit the
required information without exception otherwise bids will be
rejected
162 The completed tender should be uploaded on the website
given above through e-tendering along with scanned copies of
requisite certificates as are mentioned in different sections in the
bidding document and scanned copy of the Bid Security No financial
quote shall be uploaded as part of the Technical Bid
163 The bidder shall submit online the requirements under
qualification criteria and Technical and Financial parts The contents
of the Post Qualification and Technical and Financial bid shall be as
specified in ITT After electronic on line bid submission the system
generates a unique bid reference number which is time stamped
This shall be treated as acknowledgement of bid submission
17 Deadline for Submission of the Bids
171 Bids must be received by the Employer online not later than
the due date as specified in the online portal
172 The Employer may extend the deadline for submission of bids
by issuing an amendment in accordance with Clause 5 in which case
12
all rights and obligations of the Employer and the bidders previously
subject to the original deadline will then be subject to the new
deadline
18 Late Bids
181 The electronic bidding system would not allow any late
submission of bids after due date and time as per server time
19 Modification and Withdrawal of Bids
191 Tenderers may modify their bids online before the deadline
prescribed in Clause 17 for bid modification and consequential re-
submission
192 No tenders may be modified after the deadline for submission
of Bids
193 Withdrawal or modification of a tender between the deadline
for submission of tender and the expiration of the original period of
bid validity specified in Clause 141 above or as extended pursuant to
Clause 142 is not allowed in the e-procurement system If a tenderer
does the same through any other medium then it may result in the
forfeiture of the Tender security pursuant to Clause 137
E Tender Opening and Evaluation of Tenders
20 Opening of Tenders by the Purchaser
201 The Purchaser will open all the Technical Cover in the
presence of Tenderersrsquo representatives who choose to attend as per
e-portal
The Tendererrsquos representatives who are present shall sign a register
evidencing their attendance In the event of the specified date of
Tender opening being declared a holiday for the Purchaser the
tenders shall be opened at the appointed time and location on the
next working day
202 The Tendererrsquos names tender modifications or withdrawals
tender prices discounts and the presence or absence of requisite
tender security and such other details as the Purchaser at its
discretion may consider appropriate will be announced at the
opening No tender shall be rejected at tender opening except for late
13
tenders which shall be returned unopened to the Tenderer pursuant
to ITT Clause 18
203 Tenders (and modifications sent pursuant to ITT Clause 192)
that are not opened and read out at tender opening shall not be
considered further for evaluation irrespective of the circumstances
204 The Purchaser will prepare minutes of the tender opening The
Financial Bid of the successful bidders only will be opened after
completion of technical bid evaluation
21 Clarification of Tenders
During evaluation of tenders the Purchaser may at its discretion ask
the Tenderer for a clarification of its tender The request for
clarification and the response shall be in writing and no change in
prices or substance of the tender shall be sought offered or
permitted
22 Preliminary Examination
221 The Purchaser will examine the technical bid to determine
whether they are complete whether required sureties have been
furnished and whether the tenders are generally in order
2211 The evaluation committee appointed by the Employer as
a whole and each of its members individually will evaluate the
Technical Bids on the basis of their responsiveness to the ITB A Bid
shall be rejected at this stage if it does not respond to important
aspects of the Bid Document
222 After the evaluation of technical Bid is completed the
Purchaser shall notify those bidders whose Bids meet the
qualification criteria as detailed in Section VII or were considered
responsive to the bid document indicating that the presentation has
to be made by their company After presentation by the company the
committee members or the person authorized by the commissioner
may visit the plant established by the bidder The bidder to whom the
committee is satisfied with the documents and the presentation and
the site visit if required will be informed as technically qualified
bidders
14
223 The financial bid opening date shall not be informed to the
technically disqualified bidders
2231 The Financial Cover shall be opened publicly in the
presence of the bidders representatives who choose to attend The
bid opening shall be online only
2232 The evaluation committee will determine whether the
Financial Bids are complete correct any computational errors
Arithmetical errors will be rectified on the following basis If there is
a discrepancy between the unit price and the total price that is
obtained by multiplying the unit price and quantity the unit price
shall prevail and the total price shall be corrected If there is a
discrepancy between words and figures the lower of the two will
prevail If the Bidder does not accept the correction of errors its
tender will be rejected and its tender security may be forfeited
2233 All necessary civil work and other related works for
Biomethanation plant is to be done by the successful bidder AMC
shall provide the land road upto the plant site electric connection
upto the plant site AMC shall provide approximately 5 TPD non-veg
organic waste and 5 TPD organic (Veg) waste as feed for each
seperate plant
2234 During the contract period and always the processing
plant machines land and civil works shall be the property of AMC At
the time of handover of the plant to AMC the contractor shall
handover the plant in good running condition If it is found that the
plant is inoperative or needs any repairs and maintenance the
contractor should either repair it to satisfaction of the AMC or if AMC
get it done by its own resources the amount shall be deducted from
the performance security deposit submitted by the contractor
2235 This biding is called for Burudgaon Depo location The
selection procedure of the successful bidder shall be as under
a Whereas successful bidder shall be the bidder quoting lowest for
the Supply Installation Erection commissioning and Operation amp
Maintenance of Municipal Solid Waste Treatment Equipmentrsquos and
Machineries (L-1)
15
b The cost of the MSW Plant and allied accessories for operation
of the plant quoted by the bidder shall be paid by the AMC as per the
payment schedule given in the tender document The value of the
processing plant and allied accessories wit OampM quoted by the
bidder shall be the sole bidding criteria for the tender
c The successful contractor shall not be paid any kind tipping
fees for operating the plant The contractor shall sell the products
(GasElectricitycompostothers) recovered from the processing of
the waste to recover the operation and maintenance cost and the
profits
224 Term of Contract
The term of the contract shall be 1 YEAR and can be renewed for a
similar term if the performance of the contractor is satisfactory
225 Scope of Work
The scope of the work shall be processing of the 5 + 5 TPD waste for
each site (two sites)received at site The rejects from the processing
should not be more than 15 of the total waste The rejects shall be
kept at one side of the site from where the CampT contractor shall lift
the waste and transport it to landfill site
226 Prior to the detailed evaluation pursuant to ITB Clause 23 the
Purchaser will determine the substantial responsiveness of each
tender to the tender documents For purposes of these Clauses a
substantially responsive tender is one which conforms to all the
terms and conditions of the tender documents without material
deviations Deviations from or objections or reservations to critical
provisions such as those concerning Performance Security (GCC
Clause 6) Warranty (GCC Clause 14) Force Majeure (GCC Clause 24)
Limitation of liability (GCC Clause 28) Applicable law (GCC Clause
30) and Taxes amp Duties (GCC Clause 32) will be deemed to be a
material deviation The Purchasers determination of a tenders
responsiveness is to be based on the contents of the tender itself
without recourse to extrinsic evidence
16
227 If a tender is not substantially responsive it will be rejected by
the Purchaser and may not subsequently be made responsive by the
Tenderer by correction of the non-conformity
23 Evaluation and Comparison of Tenders
231 The Purchaser will evaluate and compare the tenders which
have been determined to be substantially responsive pursuant to ITT
Clause 22 for each schedule separately No tender will be considered
if the complete requirements covered in the schedule is not included
in the tender However as stated in ITT Clause 9 The tenderer shall
quote his final prices taken into account all discounts
24 Contacting the Purchaser
241 Subject to ITT Clause 21 no Tenderer shall contact the
Purchaser on any matter relating to its tender from the time of the
tender opening to the time the Contract is awarded If the tenderer
wishes to bring additional information to the notice of the purchaser
it should do so in writing
242 Any effort by a Tenderer to influence the Purchaser in its
decisions on tender evaluation tender comparison or contract award
may result in rejection of the Tenderers tender
F Award of Contract
25 Post qualification
251 In the absence of prequalification the Purchaser will determine
to its satisfaction whether the Tenderer that is selected as having
submitted the lowest evaluated responsive tender meets the criteria
specified in ITT Clause 112 (b) and is qualified to perform the
contract satisfactorily
252 The determination will take into account the Tenderers
financial technical and production capabilities It will be based upon
an examination of the documentary evidence of the Tenderers
qualifications submitted by the Tenderer pursuant to ITT Clause 11
as well as such other information as the Purchaser deems necessary
and appropriate
26 Award Criteria
17
261 Subject to ITT Clause 28 the Purchaser will award the Contract
to the successful Tenderer whose tender has been determined to be
substantially responsive and has been determined as the lowest
evaluated tender provided further that the Tenderer is determined
to be qualified to perform the Contract satisfactorily
27 Right to vary Quantities
271 The contractor shall have to erect the machines proposed by
him in the technical bid and presentation However during the
contract duration for better performance of the processing plant the
contractor shall be free to add the machines vehicles and civil works
at no cost to AMC The contractor shall not be allowed to sell the
installed machines as AMC has already paid the contractor for the
machines and ownership of the machines always lies with the AMC
28 Purchasers Right to Accept Any Tender and to Reject Any
or All Tenders
281 The Purchaser reserves the right to accept or reject any tender
and to annul the tendering process and reject all tenders at any time
prior to contract award without thereby incurring any liability to the
affected Tenderer or Tendererrsquos
29 Notification of Award
291 Prior to the expiration of the period of tender validity the
Purchaser will notify the successful tenderer in writing by registered
letter or by cabletelex or fax to be confirmed in writing by
registered letter that its tender has been accepted
292 The notification of award will constitute the formation of the
Contract
293 Upon the successful Tenderers furnishing of performance
security pursuant to ITT Clause 31 the Purchaser will promptly
notify the name of the winning Tenderer to each unsuccessful
Tenderer and will discharge its earnest money deposit pursuant to
ITT Clause 13
30 Signing of Contract
18
301 At the same time as the Purchaser notifies the successful
tenderer that its tender has been accepted the Purchaser will send
the Tenderer the Contract Form provided in the tender documents
incorporating all agreements between the parties
302 Within 21 days of receipt of the Contract Form the successful
Tenderer shall sign and date the Contract and return it to the
Purchaser
31 Performance Security
311 Within 21 days of the receipt of notification of award from the
Purchaser the successful Tenderer shall furnish the performance
security of 3 of the cost of the machines and equipments
quoted by him The performance security shall be in form of Bank
guarantee 2 payment shall be deducted from each payment which
will make the total performance security to 5 The performance
security shall be released at the end of the contract period
312 Failure of the successful Tenderer to comply with the
requirement of ITT Clause 302 or ITT Clause 311 shall constitute
sufficient grounds for the annulment of the award and forfeiture of
the earnest money deposit in which event the Purchaser may make
the award to the next lowest evaluated Tenderer or call for new
tenders
32 Corrupt or Fraudulent Practices
321 The Government requires that Tendererrsquos Bidders
Contractors observe the highest standard of ethics during the
procurement and execution of Government financed contracts In
pursuance of this policy the Government
(a) defines for the purposes of this provision the terms set forth
as follows
(i) ldquocorrupt practicerdquo means the offering giving receiving or
soliciting of any thing of value to influence the action of a public
official in the procurement process or in contract execution and
(ii) ldquofraudulent practicerdquo means a misrepresentation of facts in
order to influence a procurement process or the execution of a
contract to the detriment of the Government and includes collusive
19
practice among Tenderers (prior to or after tender submission)
designed to establish tender prices at artificial non-competitive
levels and to deprive the Government of the benefits of free and open
competition
(b) will reject a proposal for award if it determines that the
Tenderer recommended for award has engaged in corrupt or
fraudulent practices in competing for the contract in question
(c) will declare a firm ineligible either indefinitely or for a stated
period of time to be awarded a Government financed contract if it at
any time determines that the firm has engaged in corrupt or
fraudulent practices in competing for or in executing a Government-
financed contract
322 Furthermore Tenderers shall be aware of the provision stated
in sub-clause 44 and sub-clause 231 of the General Conditions of
Contract
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
Clause Number Topic
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information
Inspection and Audit by Government
5 Patent Rights
6 Performance Security
7 Inspection and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
20
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
21
General Conditions of Contract
1 Definitions
11 In this Contract the following terms shall be interpreted as
indicated
a The Contract means the agreement entered into between the
Purchaser and the Bidder as recorded in the Contract Form signed
by the parties including all the attachments and appendices thereto
and all documents incorporated by reference therein
b The Contract Price means the price payable to the Bidder
under the Contract for the full and proper performance of its
contractual obligations
c The Goods means all the equipment machinery andor other
materials which the Bidder is required to supply to the Purchaser
under the Contract
d Services means services ancillary to the supply of the Goods
such as transportation and insurance and any other incidental
services such as installation commissioning provision of technical
assistance training and other obligations of the Bidder covered
under the Contract
e ldquoGCCrdquo means the General Conditions of Contract contained in
this section
f ldquoSCCrdquo means the Special Conditions of Contract
g ldquoThe Purchaserrdquo means the organization purchasing the Goods
as named in SCC
h ldquoThe Purchaserrsquos countryrdquo is the country named in SCC
i ldquoThe Bidderrdquo means the individual or firm supplying the Goods
and Services under this Contract
j ldquoThe Governmentrdquo means the Government of Maharashtra
State
k ldquoThe Project Siterdquo where applicable means the place or places
named in SCC
l ldquoDayrdquo means calendar day
2 Application
22
21 These General Conditions shall apply to the extent that
provisions in other parts of the Contract do not supersede them
3 Standards
31 The Goods and machines supplied under this Contract shall
conform to the standards mentioned in the Technical Specifications
given in the technical bid of the bidder and when no applicable
standard is mentioned to the authoritative standard appropriate to
the Goods country of origin and such standards shall be the latest
issued by the concerned institution
4 Use of Contract Documents and Information Inspection
and Audit by the Government
41 The Bidder shall not without the Purchasers prior written
consent disclose the Contract or any provision thereof or any
specification plan drawing pattern sample or information furnished
by or on behalf of the Purchaser in connection therewith to any
person other than a person employed by the Bidder in performance
of the Contract Disclosure to any such employed person shall be
made in confidence and shall extend only so far as may be necessary
for purposes of such performance
42 The Bidder shall not without the Purchaserrsquos prior written
consent make use of any document or information enumerated in
GCC Clause 41 except for purposes of performing the contract
43 Any document other than the Contract itself enumerated in
GCC Clause 41 shall remain the property of the Purchaser and shall
be returned (in all copies) to the Purchaser on completion of the
Bidderrsquos performance under the Contract if so required by the
Purchaser
44 The Bidder shall permit the Government to inspect the Bidderrsquos
accounts and records relating to the performance of the Bidder and
to have them audited by auditors appointed by the Government if so
required by the Government
5 Patent Rights
23
51 The Bidder shall indemnify the Purchaser against all third-
party claims of infringement of patent trademark or industrial
design rights arising from use of the Goods or any part thereof in
India
6 Performance Security
61 Within 21 days of receipt of the notification of contract award
the Bidder shall furnish Performance Security to the Purchaser for an
amount of 5 of the Contract Value valid up to 30 days after the date
of completion of Contract
62 The proceeds of the performance security shall be payable to
the Purchaser as compensation for any loss resulting from the
Bidderrsquos failure to complete its obligations under the Contract
63 The Performance Security shall be denominated in Indian
Rupees and shall be in one of the following forms
a) A Bank guarantee issued by a NationalizedScheduled bank in
the form provided in the tender documents or another form
acceptable to the Purchaser or
b) Crossed demand draft or pay order drawn in favor of the
Purchaser or
64 The Performance Security will be discharged by the Purchaser
and returned to the Bidder not later than 60 days following the date
of completion of the Bidderrsquos performance obligations including any
Warranty obligations under the Contract
7 Inspections and Tests
71 The Purchaser or its representative shall have the right to
inspect andor to test the Goods to confirm their conformity to the
Contract specifications at no extra cost to the Contractor
72 The contractor shall conduct third party inspection from any of
the inspection agency approved by Government of India The cost of
the inspection should be paid by the contractor and no
reimbursement shall be made by AMC for the inspection The
inspection shall be done on the basis of the technical bid submitted
by the tenderer or the approved machines and drawings by AMC
24
73 The inspections and tests may be conducted on the premises of
the Bidder or its subcontractor(s) at point of delivery andor at the
Goods final destination If conducted on the premises of the Bidder or
its subcontractor(s) all reasonable facilities and assistance including
access to drawings and production data - shall be furnished to the
inspectors at no charge to the Purchaser
74 Should any inspected or tested Goods fail to conform to the
specifications the Purchaser may reject the goods and the Bidder
shall either replace the rejected Goods or make alterations necessary
to meet specification requirements free of cost to the Purchaser
75 The Purchasers right to inspect test and where necessary
reject the Goods after the Goods arrival at Project Site shall in no
way be limited or waived by reason of the Goods having previously
been inspected tested and passed by the Purchaser or its
representative prior to the Goods shipment
76 Nothing in GCC Clause 7 shall in any way release the Bidder
from any warranty or other obligations under this Contract
77 Manuals and Drawings
771 Before the goods and equipment are taken over by the
Purchaser the Bidder shall supply operation and maintenance
manuals together with drawings of the goods and equipment These
shall be in such detail as will enable the Purchaser to operate
maintain adjust and repair all parts of the equipment as stated in the
specifications
772 The manuals and drawings shall be in the ruling language
(English) and in such form and numbers as stated in the contract
773 Unless and otherwise agreed the goods and equipment shall
not be considered to be completed for the purpose of taking over
until such manuals and drawings have been supplied to the
Purchaser
8 Packing
25
81 The packing of the goods may not be required however the
documents like operational manual and list of equipments shall be
submitted in two copies in booklet form
9 Delivery and Documents
91 Delivery of the Goods shall be made by the Bidder in
accordance with the terms specified by the Purchaser in the
Notification of Award The bills for the machines shall be submitted
in duplicate The bills for only those equipment will be accepted
whose delivery at site has been done by the bidder
10 Insurance
101 It will the responsibility of the contractor that the Goods and
machines supplied under the Contract shall be fully insured by the
contractor in Indian Rupees against loss or damage incidental to
manufacture or acquisition transportation storage and delivery for
complete duration of the contract For delivery of goods at site the
insurance shall be obtained by the Bidder in an amount equal to
110 of the value of the goods from ldquowarehouse to warehouserdquo
(final destinations) on ldquoAll Risksrdquo basis including War risks and
Strikes
11 Transportation
111 Where the Bidder is required under the Contract to transport
the Goods to a specified place of destination within India defined as
Project site the Bidder as shall be specified in the Contract shall
arrange transport to such place of destination in India including
insurance and the related cost shall be included in the Contract Price
12 Incidental Services
121 The Bidder may be required to provide any or all of the
following services including additional services if any specified in
SCC
a performance or supervision of the on-site assembly andor
start-up of the supplied Goods
b furnishing of tools required for assembly andor maintenance
of the supplied Goods
26
c furnishing of detailed operations and maintenance manual for
each appropriate unit of supplied Goods
d performance or supervision or maintenance andor repair of
the supplied Goods for a period of time agreed by the parties
provided that this service shall not relieve the Bidder of any
warranty obligations under this Contract and
e training of the Purchasers personnel at the Bidderrsquos plant
andor on-site in assembly start-up operation maintenance andor
repair of the supplied Goods
f detailed specifications of each equipment in detail to be
provided
g arrangement of required vehicles and implements for loading
amp unloading of Equipment at Facilities and other required infra for
assembling of equipment
122 Prices charged by the Bidder for incidental services if not
included in the Contract Price for the Goods shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates
charged to other parties by the Bidder for similar services
13 Spare Parts
131 As specified in the SCC the contractor shall be required to
provide any or all of the materials and spare parts at no cost to AMC
132 The Bidder shall carry sufficient inventories to assure ex-stock
supply of consumable spares for the Goods such as gaskets plugs
washers belts etc
14 Warranty
141 The Bidder warrants that the Goods supplied under this
Contract are new unused of the most recent or current models and
that they incorporate all recent improvements in design and
materials unless provided otherwise in the Contract The Bidder
further warrants that all Goods supplied under this Contract shall
have no defect arising from design materials or workmanship
(except when the design andor material is required by the
Purchasers Specifications) or from any act or omission of the Bidder
that may develop under normal use of the supplied Goods in the
conditions prevailing in the country of final destination
27
142 This warranty shall remain valid for 12 months after all the
sections of the entire plant have been delivered and successfully
commissioned and desired outputs are achieved as indicated in the
Contract Although section wise commissioning is proposed the
warranty will come into effect only after completion of all the
sections The Bidder shall in addition comply with the performance
andor consumption guarantees specified under the Contract If for
reasons attributable to the Bidder these guarantees are not attained
in whole or in part the Bidder shall at its discretion either
a make such changes modifications andor additions to the
Goods or any part thereof as may be necessary in order to attain the
contractual guarantees specified in the Contract at its own cost and
expense and to carry out further performance tests in accordance
with SCC Clause 2 OR
b pay liquidated damages to the Purchaser with respect to the
failure to meet the contractual guarantees The rate of these
liquidated damages shall be as specified in the Technical
Specifications
143 If the Bidder having been notified fails to remedy the defect(s)
within 15 days the Purchaser may proceed to take such remedial
action as may be necessary at the Bidderrsquos risk and expense and
without prejudice to any other rights which the Purchaser may have
against the Bidder under the Contract
15 Payment
151 The method and conditions of payment to be made to the
Bidder under this Contract shall be specified in the SCC
152 The Bidderrsquos request(s) for payment shall be made to the
Purchaser in writing accompanied by an invoice describing as
appropriate the Goods delivered and the Services performed and by
documents submitted pursuant to GCC Clause 9 and upon fulfillment
of other obligations stipulated in the contract
153 Payments shall be made promptly by the Purchaser but in no
case later than thirty (30) days after submission of the invoice or
claim by the Bidder
28
154 Payment shall be made in Indian Rupees
16 Prices
161 Prices payable to the Bidder as stated in the contract shall be
firm during the performance of the contract
17 Change Orders
171 The Purchaser may at any time by written order given to the
Bidder pursuant to GCC Clause 31 make changes within the general
scope of the Contract in any one or more of the following
a drawings designs or specifications where Goods to be
furnished under the Contract are to be specifically manufactured for
the Purchaser
b the Services to be provided by the Bidder
172 If any such change causes an increase or decrease in the cost of
or the time required for the Bidderrsquos performance of any provisions
under the Contract an equitable adjustment shall be made in the
Contract Price or delivery schedule or both and the Contract shall
accordingly be amended Any claims by the Bidder for adjustment
under this clause must be asserted within thirty (30) days from the
date of the Bidderrsquos receipt of the Purchasers change order
18 Contract Amendments
181 Subject to GCC Clause 17 no variation in or modification of the
terms of the Contract shall be made except by written amendment
signed by the parties
19 Assignment
191 The Bidder shall not assign in whole or in part its obligations
to perform under the Contract except with the Purchasers prior
written consent
20 Subcontracts
201 Any subcontracting work should be done after confirmation of
the same from the AMC
21 Delays in the Bidderrsquos Performance
29
211 Delivery of the Goods and performance of the Services shall be
made by the Bidder in accordance with the time schedule specified
by the Purchaser in the Schedule of Requirements
212 If at any time during performance of the Contract the Bidder or
its sub-contractor(s) should encounter conditions impeding timely
delivery of the Goods and performance of Services the Bidder shall
promptly notify the Purchaser in writing of the fact of the delay its
likely duration and its cause(s) As soon as practicable after receipt of
the Bidderrsquos notice the Purchaser shall evaluate the situation and
may at its discretion extend the Bidderrsquos time for performance with
or without liquidated damages in which case the extension shall be
ratified by the parties by amendment of the Contract
213 Except as provided under GCC Clause 24 a delay by the Bidder
in the performance of its delivery obligations shall render the Bidder
liable to the imposition of liquidated damages pursuant to GCC
Clause 22 unless an extension of time is agreed upon pursuant to
GCC Clause 212 without the application of liquidated damages
22 Liquidated Damages
221 Subject to GCC Clause 24 if the Bidder fails to deliver any or all
of the Goods or to perform the Services within the period(s) specified
in the Contract the Purchaser shall without prejudice to its other
remedies under the Contract deduct from the Contract Price as
liquidated damages a sum equivalent to 2 of the delivered price of
the delayed Goods or unperformed Services for each week or part
thereof of delay until actual delivery or performance up to a
maximum deduction of 10 of the Contract Price Once the
maximum is reached the Purchaser may consider termination of the
Contract pursuant to GCC Clause 23 Liquidated Damages is applicable
only up to commission and trial run period and not applicable to AMC
phase of the Contract
23 Termination for Default
30
231 The Purchaser may without prejudice to any other remedy for
breach of contract by written notice of default sent to the Bidder
terminate the Contract in whole or part
a if the Bidder fails to deliver any or all of the Goods within the
period(s) specified in the Contract or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 21 or
b if the Bidder fails to perform any other obligation(s) under the
Contract
c If the Bidder in the judgement of the Purchaser has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract
For the purpose of this Clause
ldquoCorrupt practicerdquo means the offering giving receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution
ldquofraudulent practicerdquo means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition
232 In the event the Purchaser terminates the Contract in whole or
in part pursuant to GCC Clause 231 the Purchaser may procure
upon such terms and in such manner as it deems appropriate Goods
or Services similar to those undelivered and the Bidder shall be
liable to the Purchaser for any excess costs for such similar Goods or
Services However the Bidder shall continue the performance of the
Contract to the extent not terminated
24 Force Majeure
241 Not with standing the provisions of GCC Clauses 21 22 23 the
Bidder shall not be liable for forfeiture of its performance security
liquidated damages or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
BIOMETHANATION PLANT
iv
9न=वदा फॉम
अहमदनगर महानगरपालका अहमदनगर घनकचरा XयवHथापन =वभाग
9न=वद मधील तपशलानसार एकण रकमच दर पWक
कामाचा तपशील कामाची
कालावधी
Fकप
उभारणी
9न=वदाकारान नमद करावयाच दर सव
करासहत रकम +पय F9त 5 TPD fमतच
BIOMETHANATION PLANT व दखभाल
द+Hती बाबत F9त महना दर
मशीनर Xय9तरत
यणार इतर खच
नमद कराव
अहमदनगर महानगरपालका
मालक)या ब+डगाव सव न34
या ठकाणी 5 TPD Veg व 5 TPD Nonveg Solid Wast peocessing
BIOMETHANATION PLANT
उभारणी क+न मत जनावराची
व क7लखाampयातन 9नमाण
होणा-या मासजampय ओला कच-
याची =वहवाट लावणकामी
तसच शहरातील दनदन हॉटल
खानावळी व इतर ठकाणाहन
9नमाण होणा-या ओया कच-
याची =वहवाट लावन मथन
DसबायोDस 9नमती Fकप
करता लागणार मशनर
परवठा क+नउभारणीकरण व
अतगत HथापIय काम करण
व एक वषाकरता Fकप
दखभाल व द+Hतीसह
चाल=वणकामी बाबत
Fकप
उभारणी
एक वष व
दखभाल व
द+Hती एक
वषाकरता
1) अहमदनगर महानगरपालकस Veg 5 TPD
fमतच BIOMETHANATION PLANT
उभारणीसहच दर रकम +
(अfर-
)
2) अहमदनगर महानगरपालकस Nonveg 5
TPD fमतच BIOMETHANATION PLANT
उभारणीसहच दर रकम +
(अfर-
)
3)अहमदनगर महानगरपालकस Veg 5 TPD
fमतच BIOMETHANATION PLANT
दखभाल व द+Hती बाबत दर रकम +
(अfर-
)
BIOMETHANATION PLANT
v
4)अहमदनगर महानगरपालकस Nonveg 5
TPD fमतच BIOMETHANATION PLANT
दखभाल व द+Hती बाबत दर रकम +
(अfर-
)
9न=वदाया अट व शत मला माampय असन Iया Fमाण 9न=वदा दर भ+न सादर करत आह
9न=वदाधारकाची Hवाfर व
शका
नाव-
प7ा-
उपायत(कर)
अहमदनगर महानगरपालकाअनगर
ऑनलाईन ई नवदा फॉम0 1फ व बयाणा र3कम भरणक5रता सव0साधारण सचना
BIOMETHANATION PLANT
vi
The EMD applicable amount shall be paid via Online mode onlyIn case of EMD
exemptionvalid EMD Exemption Certificate
Note
Realisation of NEFTRTGS payment normally takes 2 to 24 hours so it is advised to make
sure that NEFTRTGS payment activity should be completed well before time
NEFTRTGS option will be depend on the amount of EMD
Help File regarding use of ePayment Gateway can be downloaded from eTendering portal
C) Terms and Conditions For Online-Payments
The Terms and Conditions contained herein shall apply to any person (ldquoUserrdquo) using the
services of hereinafter referred to as ldquoMerchantrdquo for making Tender fee and Earnest Money
Deposit(EMD) payments through an online Payment Gateway Service (ldquoServicerdquo) offered by
ICICI Bank Ltd in association with E Tendering Service provider and Payment Gateway
Service provider through Each User is therefore deemed to have read and accepted these
Terms and Conditions
Privacy Policy The Merchant respects and protects the privacy of the individuals that access the information and use the services provided through them Individually identifiable information about the User is not willfully disclosed to any third party without first receiving the Users permission as covered in this Privacy Policy This Privacy Policy describes Merchantrsquos treatment of personally identifiable information that Merchant collects when the User is on the Merchantrsquos website The Merchant does not collect any unique information about the User (such as Users name email address age gender etc) except when you specifically and knowingly provide such information on the Website Like any business interested in offering the highest quality of service to clients Merchant may from time to time send email to the User and other communication to tell the User about the various services features functionality and content offered by Merchants website or seek voluntary information fromThe User Please be aware however that Merchant will release specific personal information about the User if required to do so in the following cirumstances
in order to comply with any valid legal process such as a search warrant statute or
court order or available at time of opening the tender
if any of Userrsquos actions on our website violate the Terms of Service or any of our guidelines for specific services or
to protect or defend Merchantrsquos legal rights or property the Merchantrsquos site or the Users of
the site or
to investigate prevent or take action regarding illegal activities suspected fraud situations involving potential threats to the security integrity of Merchantrsquos websiteofferings
General Terms and Conditions For E-Payment
Once a User has accepted these Terms and Conditions he she may register on Merchantrsquos
website and avail the Services
Merchants rights obligations undertakings shall be subject to the laws in force in India as
BIOMETHANATION PLANT
vii
well as any directives procedures of Government of India and nothing contained in these Terms and Conditions shall be in derogation of Merchants right to comply with any law enforcement agencies request or requirements relating to any Userrsquos use of the website or information provided to or gathered by Merchant with respect to such use Each User accepts and agrees that the provision of details of his her use of the Website to regulators or police or to any other third party in order to resolve disputes or complaints which relate to the Website shall be at the absolute discretion of Merchant
If any part of these Terms and Conditions are determined to be invalid or unenforceable
pursuant to applicable law including but not limited to the warranty disclaimers and liability limitations set forth herein then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect
These Terms and Conditions constitute the entire agreement between the User and
Merchant These Terms and Conditions supersede all prior or contemporaneous communications and proposals whether electronic oral or written between the User and Merchant A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form
The entries in the books of Merchant andor the Payment Gateway Service Providers kept in
the ordinary course of business of Merchant andor the Payment Gateway Service Providers with regard to transactions covered under these Terms and Conditions and matters therein appearing shall be binding on the User and shall be conclusive proof of the genuineness and accuracy of the transaction
Refund For Charge Back Transaction In the event there is any claim for of charge back
by the User for any reason whatsoever such User shall immediately approach Merchant with his her claim details and claim refund from Merchant alone Such refund (if any) shall be effected only by Merchant via payment gateway or by means of a demand draft or such other means as Merchant deems appropriate No claims for refund charge back shall be made by any User to the Payment Gateway Service Provider(s) and in the event such claim is made it shall not be entertained
In these Terms and Conditions the term ldquoCharge Backrdquo shall mean approved and settled
credit card or net banking purchase transaction(s) which are at any time refused debited or charged back to merchant account (and shall also include similar debits to Payment Gateway Service Providers accounts if any) by the acquiring bank or credit card company for any reason whatsoever together with the bank fees penalties and other charges incidental thereto
Refund for fraudulentduplicate transaction(s) The User shall directly contact Merchant for any fraudulent transaction(s) on account of misuse of Card Bank details by a fraudulent individualparty and such issues shall be suitably addressed by Merchant alone in line with their policies and rules
Server Slow DownSession Timeout In case the Website or Payment Gateway Service
Providerrsquos webpage that is linked to the Website is experiencing any server related issues like lsquoslow downrsquo or lsquofailurersquo or lsquosession timeoutrsquo the User shall before initiating the second payment check whether hisher Bank Account has been debited or not and accordingly resort to one of the following options
i In case the Bank Account appears to be debited ensure that he she does not make the payment twice and immediately thereafter contact Merchant via e-mail or any other mode of contact as provided by Merchant to confirm payment
BIOMETHANATION PLANT
viii
ii In case the Bank Account is not debited the User may initiate a fresh transaction to make payment However the User agrees that under no circumstances the Payment Gateway Service Provider shall be held responsible for such fraudulentduplicate transactions and hence no claims should be raised to Payment Gateway Service Provider No communication received by the Payment Gateway Service Provider(s) in this regard shall be entertained by the Payment Gateway Service Provider
Limitation of Liability
Merchant has made this Service available to the User as a matter of convenience Merchant
expressly disclaims any claim or liability arising out of the provision of this Service The User agrees and acknowledges that he she shall be solely responsible for his her conduct and that Merchant reserves the right to terminate the rights to use of the Service immediately without giving any prior notice thereof
Merchant andor the Payment Gateway Service Providers shall not be liable for any
inaccuracy error or delay in or omission of (a) any data information or message or (b) the transmission or delivery of any such data information or message or (c) any loss or damage arising from or occasioned by any such inaccuracy error delay or omission non-performance or interruption in any such data information or message Under no circumstances shall the Merchant andor the Payment Gateway Service Providers its employees directors and its third party agents involved in processing delivering or managing the Services be liable for any direct indirect incidental special or consequential damages or any damages whatsoever including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Services
The Merchant and the Payment Gateway Service Provider(s) assume no liability whatsoever
for any monetary or other damage suffered by the User on account of
(I) the delay failure interruption or corruption of any data or other information transmitted in connection with use of the Payment Gateway or Services in connection thereto and or
(ii) any interruption or errors in the operation of the Payment Gateway
The User shall indemnify and hold harmless the Payment Gateway Service Provider(s) and Merchant and their respective officers directors agents and employees from any claim or demand or actions arising out of or in connection with the utilization of the Services
The User agrees that Merchant or any of its employees will not be held liable by the User for any loss or damages arising from your use of or reliance upon the information contained on the Website or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond Merchantrsquos reasonable control
Miscellaneous Conditions
1 Any waiver of any rights available to Merchant under these Terms and Conditions shall not mean that those rights are automatically waived
2 The User agrees understands and confirms that his her personal data including without limitation details relating to debit card credit card transmitted over the Internet may be susceptible to misuse hacking theft and or fraud and that Merchant or the Payment Gateway Service Provider(s) have no control over such matters
3 Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the User Merchant does not represent or guarantee that the
BIOMETHANATION PLANT
ix
use of the Services provided by through it will not result in theft andor unauthorized use of data over the Internet
4 The Merchant the Payment Gateway Service Provider(s) and its affiliates and associates shall not be liable at any time for any failure of performance error omission interruption deletion defect delay in operation or transmission computer virus communications line failure theft or destruction or unauthorized access to alteration of or use of information contained on the Website
5 The User may be required to create his her own User ID and Password in order to register and or use the Services provided by Merchant on the Website By accepting these Terms and Conditions the User agrees that his her User ID and Password are very important pieces of information and it shall be the Userrsquos own responsibility to keep them secure and confidential In furtherance hereof the User agrees to
Choose a new password whenever required for security reasons Keep his her User ID amp Password strictly confidential Be responsible for any transactions made by User under such User ID and Password
The User is hereby informed that Merchant will never ask the User for the Userrsquos password in an unsolicited phone call or in an unsolicited email The User is hereby required to sign out of his her Merchant account on the Website and close the web browser window when the transaction(s) have been completed This is to ensure that others cannot access the Userrsquos personal information and correspondence when the User happens to share a computer with someone else or is using a computer in a public place like a library or Internet cafeacute
DebitCredit Card Bank Account Details
The User agrees that the debitcredit card details provided by him her for use of the aforesaid Service(s) must be correct and accurate and that the User shall not use a debit credit card that is not lawfully owned by him her or the use of which is not authorized by the lawful owner thereof The User further agrees and undertakes to provide correct and valid debitcredit card details
The User may make his her payment(Tender FeeEarnest Money deposit) to Merchant by using a debitcredit card or through online banking account The User warrants agrees and confirms that when he she initiates a payment transaction andor issues an online payment instruction and provides his her card bank details
The User is fully and lawfully entitled to use such credit debit card bank account for such transactions
The User is responsible to ensure that the card bank account details provided by
him her are accurate The User is authorizing debit of the nominated card bank account for the payment of
Tender Fee and Earnest Money Deposit The User is responsible to ensure sufficient credit is available on the nominated card
bank account at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by the User inclusive of the applicable Fee
Personal Information
The User agrees that to the extent required or permitted by law Merchant and or the Payment Gateway Service Provider(s) may also collect use and disclose personal information in connection with security related or law enforcement investigations or in the course of cooperating with authorities or complying with legal requirements
BIOMETHANATION PLANT
x
The User agrees that any communication sent by the User vide e-mail shall imply release of
information therein therewith to Merchant The User agrees to be contacted via e-mail on such mails initiated by him her
In addition to the information already in the possession of Merchant and or the Payment Gateway Service Provider(s) Merchant may have collected similar information from the User in the past By entering the Website the User consents to the terms of Merchantrsquos information privacy policy and to our continued use of previously collected information By submitting the Userrsquos personal information to us the User will be treated as having given hisher permission for the processing of the Userrsquos personal data as set out herein
The User acknowledges and agrees that his her information will be managed in accordance with the laws for the time in force
Payment Gateway Disclaimer
The Service is provided in order to facilitate payment of Tender FeesEarnest Money Deposit online The Merchant or the Payment Gateway Service Provider(s) do not make any representation of any kind express or implied as to the operation of the Payment Gateway other than what is specified in the Website for this purpose By accepting agreeing to these Terms and Conditions the User expressly agrees that his her use of the aforesaid online payment service is entirely at own risk and responsibility of the User
The EMD if applicable will be paid via online mode or if exemption certificate is available then
valid certificate of exemption from payment of earnest money should be Scanned from
original copy Additional (Performance) Security (if Required) (copy to be Submitted as per
the tender Schedule)
After Tender opening the EMD of the unsucessfull bidder will be returned to account provided by the
bidder during the bid prepration as given in challan under Beneficiary Account Number
BIOMETHANATION PLANT
xi
Ahmednagar Municipal Corporation
TENDER FOR
ldquo DESIGN SUPPLY INSTALLATION ERECTION COMMISSIONING OF BIOMETHANATION
PLANT OF 5 TPD CAPACITY EACH X 2 NOS AND OPERATION amp MAINTENANCE FOR 1
YEAR AT BURUDGAON DEPO AHMEDNAGARrdquo
BIOMETHANATION PLANT
xii
Table of Contents
SECTION I INVITATION FOR TENDERS (IFT)
SECTION II INSTRUCTION TO TENDERERS
A Introduction
1 Eligible Tenderers
2 Cost of Tendering
B The Tender Documents
3 Contents of Tender Documents
4 Clarification of Tender Documents
5 Amendment of Tender Documents (l)
C Preparation of Tenders
6 Language of Tender
7 Documents Constituting the Tender
8 Tender Form
9 Tender Prices
10 Tender Currency
11 Documents Establishing Tenderers Eligibility and Qualifications
12 Documents Establishing Goods Eligibility and Conformity to Tender
Documents
13 Earnest Money Deposit
14 Period of Validity of Tenders
15 Format and Signing of Tender
D Submission of Bids
16 Bidding through E-Tendering System
17 Deadline for Submission of the Bids
18 Late Bids
19 Modification and Withdrawal of Bids
E Tender Opening and Evaluation of Tenders
20 Opening of Tenders by the Purchaser
21 Clarification of Tenders
23 Evaluation and Comparison of Tenders
24 Contacting the Purchaser
F Award of Contract
25 Post qualification
26 Award Criteria
27 Right to vary Quantities
BIOMETHANATION PLANT
xiii
28 Purchasers Right to Accept Any Tender and to Reject Any or All Tenders
29 Notification of Award
30 Signing of Contract
31 Performance Security
32 Corrupt or Fraudulent Practices
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information Inspection and Audit by the
Government
5 Patent Rights
6 Performance Security
7 Inspections and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in the Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
BIOMETHANATION PLANT
xiv
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
SECTION IV SPECIAL CONDITIONS OF CONTRACT
Special Conditions of Contract
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (Clause 27)
7 Notices (Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligations
12 Patent Rights
SECTION V SCHEDULE OF REQUIREMENTS
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
Annexure-1- Plant proposed
Annexure- 2 Other conditions
SECTION VII QUALIFICATION CRITERIA
SECTION VIII TENDER FORM
SECTION IX PRICE SCHEDULE FORMAT
SECTION X CONTRACT FORM
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
SECTION XII-Proforma for Performance Statement of Bidder
1
SECTION I INVITATION FOR TENDERS (IFT)
Date
No
The Ahmednagar Municipal Corporation (AMC) invites tenders from eligible tenderers for ldquoDesign supply installation erection
commissioning of Two Biomethanation plant of 5 TPD each
capacity with operation amp maintenance for 1 YEAR at Burudgaon
Depo Ahmednagarrdquo (place may be chamged as per necessory)
1 The tenderers shall submit tender for all the works under this
contract Part bidding of tender is not allowed
2 The Tender document is available online from e-portal and
bids are to be submitted online through the e-procurement portal
httpamcmaharashtraetendersin Bids submitted manually will
not be accepted One can view and download the tenders published
currently by logging on to httpamcmaharashtraetendersin
For submission of the bids the bidders are required to have Digital
Signature Certificate (DSC) from one of the authorized Certifying
Authorities as detailed in the website
31 Aspiring bidders who have not obtained the User ID and
Password for participating in e-tendering may obtain the same by
registering in the website The contractors once registered can
participate in any of the department tenders
32 The bidding is a single stage two cover system ie- two cover
system (First Cover (Technical) and Second Cover (Financial)) and
Operator to be selected on Least Cost Selection (LCS)
3 Bidders are required to pay online the tender processing fee as
detailed in the website
Note (The non-refundable Tender processing fee details is available
on the e-procurement website)
4 A Pre-bid Meeting will be held at the Office of ldquoCommissioner
Ahmednagar Municipal Corporationrdquo to clarify the issues and to
2
answer questions on any matter that may be raised at that stage as
stated in Clause 92 of lsquoInstructions to Biddersrsquo of the bidding
document
5 The last Date and time for receipt of bids through the e-
tendering portal httpamcmaharashtraetendersin and will be
opened as per e-portal from the last date and time of receipt of bids
If the office happens to be closed on the date of opening of the bids as
specified the bids will be opened on the next working day at the
same time and venue
6 Other details can be seen in the bidding documents
Note
The Employer shall not be held liable for any delays due to system
failure beyond its control Even though the system will attempt to
notify the bidders of any bid updates The Employer shall not be
liable for any information not received by the bidder It is the
biddersrsquo responsibility to verify the website for the latest information
related to the tender The bidder is required to ensure browser
compatibility of the computer well in advance to the last date and
time for receipt of the tenders The department shall not be
responsible for non-accessibility of e-procurement portal due to
internet connectivity issues and technical glitches
3
SECTION II INSTRUCTION TO TENDERERS
A Introduction
1 Eligible Tenderers
11 The tender is open to all bidders who satisfy the qualification
criteria
12 The tenderer should be a registered legal entity Joint ventures
are allowed
13 Tenderers should not be associated or have been associated in
the past directly or indirectly with a firm or any of its affiliates
which have been engaged by the Purchaser to provide consulting
services for the preparation of the design specifications and other
documents to be used for the procurement of the goods to be
purchased under this Invitation of Tenders
14 Tenderers shall not be under a declaration of ineligibility for
corrupt and fraudulent practices issued by Government of
Maharashtra or India
2 Cost of Tendering
21 The Tenderer shall bear all costs associated with the
preparation and submission of its tender and AMC hereinafter
referred to as the Purchaser will in no case be responsible or liable
for these costs regardless of the conduct or outcome of the tender
process
B The Tender Documents
3 Contents of Tender Documents
31 The goods required tendering procedures and contract terms
are prescribed in the tender documents In addition to the Invitation
for Tenders the tender documents include
a Instruction to Tenderers (ITT)
b General Conditions of Contract (GCC)
c Special Conditions of Contract (SCC)
d Schedule of Requirements
4
e Technical Specifications
f Tender Form and Price Schedules
g Earnest Money Deposit Form
h Contract Form
i Performance Security Form
j Performance Statement Form
32 The Tenderer is expected to examine all instructions forms
terms and specifications in the tender documents Failure to furnish
all information required by the tender documents or submission of a
tender not substantially responsive to the tender documents in every
respect will be at the Tendererrsquos risk and may result in rejection of its
tender
4 Clarification of Tender Documents
41 The electronic bidding system provides for online
clarifications A prospective tenderer requiring any clarification may
notify online the authority inviting the bid The authority-inviting bid
will respond to any request(s) for clarification received in writing up
to pre-bid meeting Description of clarification sought and the
response of the authority inviting the bid will be uploaded for
information of the public or other bidders without identifying the
source of request for clarification
The Tenderer or his official representative is invited to attend a pre-
bid meeting which will take place at the office of the ldquoCommissioner
Ahmednagar Municipal Corporationrdquo
42 The purpose of the meeting will be to clarify issues and to
answer questions on any matter that may be raised at that stage
43 The Tenderer is requested to submit any questions in written
addressed to the commissioner Ahmednagar Municipal Corporation
not later than day of pre-bid meeting
44 Minutes of the meeting including the text of the questions
raised (without identifying the source of enquiry) and the responses
given will be uploaded on the website
httpamcmaharashtraetendersin Any modification of the
5
bidding documents which may become necessary as a result of the
pre-bid meeting shall be made by the Purchaser exclusively through
the issue of an Addendum in pursuant to Clause 5 of IT Band
45 Non-attendance at the pre-bid meeting will not be a cause for
disqualification of a bidder
5 Amendment of Tender Documents (l)
51 At any time prior to the deadline for submission of tenders the
Purchaser may for any reason whether at its own initiative or in
response to a clarification requested by a prospective tenderer
modify the tender documents by amendment
52 The addendum will appear on the web page of the website
httpamcmaharashtraetendersin
53 In order to allow prospective tenderers reasonable time in
which to take the amendment into account in preparing their
tenders the Purchaser at its discretion may extend the deadline for
the submission of tenders
C Preparation of Tenders
6 Language of Tender
61 The tender prepared by the Tenderer as well as all
correspondence and documents relating to the tender exchanged by
the Tenderer and the Purchaser shall be written in English language
Supporting documents and printed literature furnished by the
Tenderer may be in another language provided they are
accompanied by an accurate translation of the relevant passages in
the English language in which case for purposes of interpretation of
the Tender the translation shall govern
7 Documents Constituting the Tender
a Technical Cover
The bidding is a single stage two cover system (First Cover
(Technical) and Second Cover (Financial)) and Successful Bidder to
be selected on Least Cost Selection (LCS) The bidder shall attach the
detailed technical specification of the machines proposed by him in
6
the technical bid The bidder shall attach the flow chart and detailed
proposed Biomethnation plant in the technical bid
The technical proposal will be evaluated and the proposal which are
found technically sound and satisfy other eligibility criteria shall be
called for presentation before the committee If committee finds the
offer technically viable the bidder shall be technically qualified
71 While preparing the Technical Tender Operator is expected to
examine the documents comprising this bid document Material
deficiencies in providing the information requested may result in
rejection of a tender The tender prepared by the Tenderer shall
comprise the following components
a) Documentary evidence established in accordance with ITT
Clause 11 that the Tenderer is eligible to tender and is qualified to
perform the contract if its tender is accepted
b) Documentary evidence established in accordance with ITT
Clause 12 that the goods and ancillary services to be supplied by the
Tenderer are eligible goods and services and conform to the tender
documents and
c) Earnest money deposit furnished in accordance with ITT
Clause 13
8 Tender Form
81 The Tenderer shall complete the Tender Form and the Price
Schedule furnished in the tender documents indicating the goods to
be supplied a brief description of the Design Supply Installation
Erection commissioning and Operation amp Maintenance of Municipal
Solid Waste Treatment Equipmentrsquos and Machineries their country of
origin quantity and prices
b Financial Cover
9 Tender Prices
91 The Tenderer shall indicate on the Price Schedule of the unit
prices and total tender prices of the Design supply installation
7
erection commissioning of Two Biomethanation plant of 5 TPD each
capacity with operation amp maintenance for 1 YEAR at Burudgaon
Depo Ahmednagar
92 Tenderers shall quote for the complete requirement of
processing machinery with vehicles goods and services specified
under single responsibility basis The least bidder shall be awarded
the work
93 Prices indicated on the Price Schedule shall be inclusive of the
following
(i) The price of the goods and services quoted (proposed
Biomethanation Plant including Design Supply Installation erection
commissioning and Operation amp Maintenance as applicable) shall
include all duties and sales and other taxes already paid or payable
by the tenderer
(ii) Any duties sales and other taxes which will be payable on the
goods shall be borne by the contractor if this Contract is awarded
(iii) The price for inland transportation insurance and other local
costs incidental to delivery of the goods to their final destination and
(iv) Cost towards erection and commissioning at site including
foundation
94 Prices quoted by the Tenderer shall be fixed during the
Tendererrsquos performance of the Contract and not subject to variation
on any account A tender submitted with an adjustable price
quotation will be treated as non- responsive and rejected pursuant
to ITT Clause 22
10 Tender Currency
101 Prices shall be quoted in Indian Rupees
11 Documents Establishing Tenderers Eligibility and
Qualifications
111 Pursuant to ITT Clause 7 the Tenderer shall furnish as part of
its Tender documents establishing the Tendererrsquos eligibility to
8
tender and its qualifications to perform the Contract if its tender is
accepted
112 The documentary evidence of the Tenderers qualifications to
perform the Contract if its tender is accepted shall establish to the
Purchasers satisfaction
a) That the average financial turnover of the bidder is 1 crore
in last 3 financial years
b) That The tenderer must have experience of Supply
installation and Commissioning of at least one Bio methanation
plant of 5 TPD capacity in India within last 1 years
Or
b) The bidder must have technology transfer agreement with
BARC (Bhabha Atomic Research Center ) for Biomethanation
plant
Bidder are required to submit Work order copies and
ExecutionCompletion Certificate Technology Transfer Certificate
from BARC AMC may call for original certificates for verification
12 Documents Establishing Goods Eligibility and Conformity
to Tender Documents
121 Pursuant to ITB Clause 7 the Tenderer shall furnish as part of
its tender documents establishing the eligibility and conformity to
the tender documents of all goods and services which the tenderer
proposes to supply under the contract
122 The documentary evidence of conformity of the goods and
services to the tender documents may be in the form of literature
drawings and data and shall consist of
a) a detailed description of the proposed essential technical and
performance characteristics of the goods and machines
b) a list giving full particulars including available sources and
current prices of spare parts special tools etc necessary for the
9
proper and continuing functioning of the goods for a period of one
years following commencement of the use of the goods by the
Purchaser and
c) an item-by-item commentary on the Purchasers Technical
Specifications demonstrating substantial responsiveness of the goods
and services to those specifications or a statement of deviations and
exceptions to the provisions of the Technical Specifications
123 For purposes of the commentary to be furnished pursuant to
ITT Clause 122(c) above the Tenderer shall note that standards for
workmanship material and equipment and references to brand
names or catalogue numbers designated by the Purchaser in its
Technical Specifications are intended to be descriptive only and not
restrictive The Tenderer may substitute alternative standards brand
names andor catalogue numbers in its tender provided that it
demonstrates to the Purchasers satisfaction that the substitutions
ensure substantial equivalence to those designated in the Technical
Specifications
13 Earnest Money Deposit
131 Pursuant to ITT Clause 7 the Tenderer shall furnish as part of
its tender earnest money deposit in the amount as specified in
Section-V - Schedule of Requirements
132 The earnest money deposit is required to protect the Purchaser
against the risk of Tenderers conduct which would warrant the
securitys forfeiture pursuant to ITB Clause 137
133 The earnest money deposit shall be denominated in Indian
Rupees and shall be paid online only on the portal
134 Any tender not secured in accordance with ITT Clauses 131
and the Purchaser as non-responsive pursuant to ITT Clause 22 will
reject 133 above
135 Unsuccessful Tenderers earnest money deposit will be
dischargedreturned as promptly as possible but not later than 30
days after the expiration of the period of tender validity prescribed
by the Purchaser pursuant to ITT Clause 14
10
136 The successful Tenderers earnest money deposit will be
discharged upon the Tenderer signing the Contract pursuant to ITT
Clause 30 and furnishing the performance security pursuant to ITB
Clause 31
137 The tender security may be forfeited
(a) if a Tenderer (i) withdraws its tender during the period of
tender validity specified by the Tenderer on the Tender Form or (ii)
does not accept the correction of errors pursuant to ITT Clause 222
or
(b) in case of a successful Tenderer if the Tenderer fails (i) to sign
the Contract in accordance with ITT Clause 30 or (ii) to furnish
performance security in accordance with ITT Clause 31
14 Period of Validity of Tenders
141 Tenders shall remain valid for 120 days after the deadline for
submission of tenders prescribed by the Purchaser pursuant to ITT
Clause 17 A tender valid for a shorter period shall be rejected by the
Purchaser as non-responsive
142 In exceptional circumstances the Purchaser may solicit the
Tenderers consent to an extension of the period of validity The
request and the responses thereto shall be made in writing (or by
cable or telex or fax) The earnest money deposit provided under ITT
Clause 13 shall also be suitably extended A Tenderer may refuse the
request without forfeiting its earnest money deposit A Tenderer
granting the request will not be required nor permitted to modify its
tender
15 Format and Signing of Tender
151 Bidders shall submit offers that comply with the requirements
of the bidding documents including the basic technical design as
indicated in the drawing and specifications Alternatives will not be
considered
11
D Submission of Bids
16 Bidding through E-Tendering System
161 The tendering under this contract is electronic bid submission
through website httpamcmaharashtraetendersin Detailed
guidelines for viewing bids and submission of online bids are given
on the website The Invitation for Tenders is published on this
website Any citizen or prospective tenderer can logon to this
website and view the Invitation for Tenders and can view the details
of works for which bids are invited The prospective tenderer can
submit tenders online however the bidder is required to have
enrolmentregistration in the website and should have valid Digital
Signature Certificate (DSC) The DSC can be obtained from any
authorized certifying agencies The tenderer should register in the
web site httpamcmaharashtraetendersin After this the
tenderer can login the site through the secured login Bidders are
requested to go through the bid documents carefully and submit the
required information without exception otherwise bids will be
rejected
162 The completed tender should be uploaded on the website
given above through e-tendering along with scanned copies of
requisite certificates as are mentioned in different sections in the
bidding document and scanned copy of the Bid Security No financial
quote shall be uploaded as part of the Technical Bid
163 The bidder shall submit online the requirements under
qualification criteria and Technical and Financial parts The contents
of the Post Qualification and Technical and Financial bid shall be as
specified in ITT After electronic on line bid submission the system
generates a unique bid reference number which is time stamped
This shall be treated as acknowledgement of bid submission
17 Deadline for Submission of the Bids
171 Bids must be received by the Employer online not later than
the due date as specified in the online portal
172 The Employer may extend the deadline for submission of bids
by issuing an amendment in accordance with Clause 5 in which case
12
all rights and obligations of the Employer and the bidders previously
subject to the original deadline will then be subject to the new
deadline
18 Late Bids
181 The electronic bidding system would not allow any late
submission of bids after due date and time as per server time
19 Modification and Withdrawal of Bids
191 Tenderers may modify their bids online before the deadline
prescribed in Clause 17 for bid modification and consequential re-
submission
192 No tenders may be modified after the deadline for submission
of Bids
193 Withdrawal or modification of a tender between the deadline
for submission of tender and the expiration of the original period of
bid validity specified in Clause 141 above or as extended pursuant to
Clause 142 is not allowed in the e-procurement system If a tenderer
does the same through any other medium then it may result in the
forfeiture of the Tender security pursuant to Clause 137
E Tender Opening and Evaluation of Tenders
20 Opening of Tenders by the Purchaser
201 The Purchaser will open all the Technical Cover in the
presence of Tenderersrsquo representatives who choose to attend as per
e-portal
The Tendererrsquos representatives who are present shall sign a register
evidencing their attendance In the event of the specified date of
Tender opening being declared a holiday for the Purchaser the
tenders shall be opened at the appointed time and location on the
next working day
202 The Tendererrsquos names tender modifications or withdrawals
tender prices discounts and the presence or absence of requisite
tender security and such other details as the Purchaser at its
discretion may consider appropriate will be announced at the
opening No tender shall be rejected at tender opening except for late
13
tenders which shall be returned unopened to the Tenderer pursuant
to ITT Clause 18
203 Tenders (and modifications sent pursuant to ITT Clause 192)
that are not opened and read out at tender opening shall not be
considered further for evaluation irrespective of the circumstances
204 The Purchaser will prepare minutes of the tender opening The
Financial Bid of the successful bidders only will be opened after
completion of technical bid evaluation
21 Clarification of Tenders
During evaluation of tenders the Purchaser may at its discretion ask
the Tenderer for a clarification of its tender The request for
clarification and the response shall be in writing and no change in
prices or substance of the tender shall be sought offered or
permitted
22 Preliminary Examination
221 The Purchaser will examine the technical bid to determine
whether they are complete whether required sureties have been
furnished and whether the tenders are generally in order
2211 The evaluation committee appointed by the Employer as
a whole and each of its members individually will evaluate the
Technical Bids on the basis of their responsiveness to the ITB A Bid
shall be rejected at this stage if it does not respond to important
aspects of the Bid Document
222 After the evaluation of technical Bid is completed the
Purchaser shall notify those bidders whose Bids meet the
qualification criteria as detailed in Section VII or were considered
responsive to the bid document indicating that the presentation has
to be made by their company After presentation by the company the
committee members or the person authorized by the commissioner
may visit the plant established by the bidder The bidder to whom the
committee is satisfied with the documents and the presentation and
the site visit if required will be informed as technically qualified
bidders
14
223 The financial bid opening date shall not be informed to the
technically disqualified bidders
2231 The Financial Cover shall be opened publicly in the
presence of the bidders representatives who choose to attend The
bid opening shall be online only
2232 The evaluation committee will determine whether the
Financial Bids are complete correct any computational errors
Arithmetical errors will be rectified on the following basis If there is
a discrepancy between the unit price and the total price that is
obtained by multiplying the unit price and quantity the unit price
shall prevail and the total price shall be corrected If there is a
discrepancy between words and figures the lower of the two will
prevail If the Bidder does not accept the correction of errors its
tender will be rejected and its tender security may be forfeited
2233 All necessary civil work and other related works for
Biomethanation plant is to be done by the successful bidder AMC
shall provide the land road upto the plant site electric connection
upto the plant site AMC shall provide approximately 5 TPD non-veg
organic waste and 5 TPD organic (Veg) waste as feed for each
seperate plant
2234 During the contract period and always the processing
plant machines land and civil works shall be the property of AMC At
the time of handover of the plant to AMC the contractor shall
handover the plant in good running condition If it is found that the
plant is inoperative or needs any repairs and maintenance the
contractor should either repair it to satisfaction of the AMC or if AMC
get it done by its own resources the amount shall be deducted from
the performance security deposit submitted by the contractor
2235 This biding is called for Burudgaon Depo location The
selection procedure of the successful bidder shall be as under
a Whereas successful bidder shall be the bidder quoting lowest for
the Supply Installation Erection commissioning and Operation amp
Maintenance of Municipal Solid Waste Treatment Equipmentrsquos and
Machineries (L-1)
15
b The cost of the MSW Plant and allied accessories for operation
of the plant quoted by the bidder shall be paid by the AMC as per the
payment schedule given in the tender document The value of the
processing plant and allied accessories wit OampM quoted by the
bidder shall be the sole bidding criteria for the tender
c The successful contractor shall not be paid any kind tipping
fees for operating the plant The contractor shall sell the products
(GasElectricitycompostothers) recovered from the processing of
the waste to recover the operation and maintenance cost and the
profits
224 Term of Contract
The term of the contract shall be 1 YEAR and can be renewed for a
similar term if the performance of the contractor is satisfactory
225 Scope of Work
The scope of the work shall be processing of the 5 + 5 TPD waste for
each site (two sites)received at site The rejects from the processing
should not be more than 15 of the total waste The rejects shall be
kept at one side of the site from where the CampT contractor shall lift
the waste and transport it to landfill site
226 Prior to the detailed evaluation pursuant to ITB Clause 23 the
Purchaser will determine the substantial responsiveness of each
tender to the tender documents For purposes of these Clauses a
substantially responsive tender is one which conforms to all the
terms and conditions of the tender documents without material
deviations Deviations from or objections or reservations to critical
provisions such as those concerning Performance Security (GCC
Clause 6) Warranty (GCC Clause 14) Force Majeure (GCC Clause 24)
Limitation of liability (GCC Clause 28) Applicable law (GCC Clause
30) and Taxes amp Duties (GCC Clause 32) will be deemed to be a
material deviation The Purchasers determination of a tenders
responsiveness is to be based on the contents of the tender itself
without recourse to extrinsic evidence
16
227 If a tender is not substantially responsive it will be rejected by
the Purchaser and may not subsequently be made responsive by the
Tenderer by correction of the non-conformity
23 Evaluation and Comparison of Tenders
231 The Purchaser will evaluate and compare the tenders which
have been determined to be substantially responsive pursuant to ITT
Clause 22 for each schedule separately No tender will be considered
if the complete requirements covered in the schedule is not included
in the tender However as stated in ITT Clause 9 The tenderer shall
quote his final prices taken into account all discounts
24 Contacting the Purchaser
241 Subject to ITT Clause 21 no Tenderer shall contact the
Purchaser on any matter relating to its tender from the time of the
tender opening to the time the Contract is awarded If the tenderer
wishes to bring additional information to the notice of the purchaser
it should do so in writing
242 Any effort by a Tenderer to influence the Purchaser in its
decisions on tender evaluation tender comparison or contract award
may result in rejection of the Tenderers tender
F Award of Contract
25 Post qualification
251 In the absence of prequalification the Purchaser will determine
to its satisfaction whether the Tenderer that is selected as having
submitted the lowest evaluated responsive tender meets the criteria
specified in ITT Clause 112 (b) and is qualified to perform the
contract satisfactorily
252 The determination will take into account the Tenderers
financial technical and production capabilities It will be based upon
an examination of the documentary evidence of the Tenderers
qualifications submitted by the Tenderer pursuant to ITT Clause 11
as well as such other information as the Purchaser deems necessary
and appropriate
26 Award Criteria
17
261 Subject to ITT Clause 28 the Purchaser will award the Contract
to the successful Tenderer whose tender has been determined to be
substantially responsive and has been determined as the lowest
evaluated tender provided further that the Tenderer is determined
to be qualified to perform the Contract satisfactorily
27 Right to vary Quantities
271 The contractor shall have to erect the machines proposed by
him in the technical bid and presentation However during the
contract duration for better performance of the processing plant the
contractor shall be free to add the machines vehicles and civil works
at no cost to AMC The contractor shall not be allowed to sell the
installed machines as AMC has already paid the contractor for the
machines and ownership of the machines always lies with the AMC
28 Purchasers Right to Accept Any Tender and to Reject Any
or All Tenders
281 The Purchaser reserves the right to accept or reject any tender
and to annul the tendering process and reject all tenders at any time
prior to contract award without thereby incurring any liability to the
affected Tenderer or Tendererrsquos
29 Notification of Award
291 Prior to the expiration of the period of tender validity the
Purchaser will notify the successful tenderer in writing by registered
letter or by cabletelex or fax to be confirmed in writing by
registered letter that its tender has been accepted
292 The notification of award will constitute the formation of the
Contract
293 Upon the successful Tenderers furnishing of performance
security pursuant to ITT Clause 31 the Purchaser will promptly
notify the name of the winning Tenderer to each unsuccessful
Tenderer and will discharge its earnest money deposit pursuant to
ITT Clause 13
30 Signing of Contract
18
301 At the same time as the Purchaser notifies the successful
tenderer that its tender has been accepted the Purchaser will send
the Tenderer the Contract Form provided in the tender documents
incorporating all agreements between the parties
302 Within 21 days of receipt of the Contract Form the successful
Tenderer shall sign and date the Contract and return it to the
Purchaser
31 Performance Security
311 Within 21 days of the receipt of notification of award from the
Purchaser the successful Tenderer shall furnish the performance
security of 3 of the cost of the machines and equipments
quoted by him The performance security shall be in form of Bank
guarantee 2 payment shall be deducted from each payment which
will make the total performance security to 5 The performance
security shall be released at the end of the contract period
312 Failure of the successful Tenderer to comply with the
requirement of ITT Clause 302 or ITT Clause 311 shall constitute
sufficient grounds for the annulment of the award and forfeiture of
the earnest money deposit in which event the Purchaser may make
the award to the next lowest evaluated Tenderer or call for new
tenders
32 Corrupt or Fraudulent Practices
321 The Government requires that Tendererrsquos Bidders
Contractors observe the highest standard of ethics during the
procurement and execution of Government financed contracts In
pursuance of this policy the Government
(a) defines for the purposes of this provision the terms set forth
as follows
(i) ldquocorrupt practicerdquo means the offering giving receiving or
soliciting of any thing of value to influence the action of a public
official in the procurement process or in contract execution and
(ii) ldquofraudulent practicerdquo means a misrepresentation of facts in
order to influence a procurement process or the execution of a
contract to the detriment of the Government and includes collusive
19
practice among Tenderers (prior to or after tender submission)
designed to establish tender prices at artificial non-competitive
levels and to deprive the Government of the benefits of free and open
competition
(b) will reject a proposal for award if it determines that the
Tenderer recommended for award has engaged in corrupt or
fraudulent practices in competing for the contract in question
(c) will declare a firm ineligible either indefinitely or for a stated
period of time to be awarded a Government financed contract if it at
any time determines that the firm has engaged in corrupt or
fraudulent practices in competing for or in executing a Government-
financed contract
322 Furthermore Tenderers shall be aware of the provision stated
in sub-clause 44 and sub-clause 231 of the General Conditions of
Contract
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
Clause Number Topic
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information
Inspection and Audit by Government
5 Patent Rights
6 Performance Security
7 Inspection and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
20
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
21
General Conditions of Contract
1 Definitions
11 In this Contract the following terms shall be interpreted as
indicated
a The Contract means the agreement entered into between the
Purchaser and the Bidder as recorded in the Contract Form signed
by the parties including all the attachments and appendices thereto
and all documents incorporated by reference therein
b The Contract Price means the price payable to the Bidder
under the Contract for the full and proper performance of its
contractual obligations
c The Goods means all the equipment machinery andor other
materials which the Bidder is required to supply to the Purchaser
under the Contract
d Services means services ancillary to the supply of the Goods
such as transportation and insurance and any other incidental
services such as installation commissioning provision of technical
assistance training and other obligations of the Bidder covered
under the Contract
e ldquoGCCrdquo means the General Conditions of Contract contained in
this section
f ldquoSCCrdquo means the Special Conditions of Contract
g ldquoThe Purchaserrdquo means the organization purchasing the Goods
as named in SCC
h ldquoThe Purchaserrsquos countryrdquo is the country named in SCC
i ldquoThe Bidderrdquo means the individual or firm supplying the Goods
and Services under this Contract
j ldquoThe Governmentrdquo means the Government of Maharashtra
State
k ldquoThe Project Siterdquo where applicable means the place or places
named in SCC
l ldquoDayrdquo means calendar day
2 Application
22
21 These General Conditions shall apply to the extent that
provisions in other parts of the Contract do not supersede them
3 Standards
31 The Goods and machines supplied under this Contract shall
conform to the standards mentioned in the Technical Specifications
given in the technical bid of the bidder and when no applicable
standard is mentioned to the authoritative standard appropriate to
the Goods country of origin and such standards shall be the latest
issued by the concerned institution
4 Use of Contract Documents and Information Inspection
and Audit by the Government
41 The Bidder shall not without the Purchasers prior written
consent disclose the Contract or any provision thereof or any
specification plan drawing pattern sample or information furnished
by or on behalf of the Purchaser in connection therewith to any
person other than a person employed by the Bidder in performance
of the Contract Disclosure to any such employed person shall be
made in confidence and shall extend only so far as may be necessary
for purposes of such performance
42 The Bidder shall not without the Purchaserrsquos prior written
consent make use of any document or information enumerated in
GCC Clause 41 except for purposes of performing the contract
43 Any document other than the Contract itself enumerated in
GCC Clause 41 shall remain the property of the Purchaser and shall
be returned (in all copies) to the Purchaser on completion of the
Bidderrsquos performance under the Contract if so required by the
Purchaser
44 The Bidder shall permit the Government to inspect the Bidderrsquos
accounts and records relating to the performance of the Bidder and
to have them audited by auditors appointed by the Government if so
required by the Government
5 Patent Rights
23
51 The Bidder shall indemnify the Purchaser against all third-
party claims of infringement of patent trademark or industrial
design rights arising from use of the Goods or any part thereof in
India
6 Performance Security
61 Within 21 days of receipt of the notification of contract award
the Bidder shall furnish Performance Security to the Purchaser for an
amount of 5 of the Contract Value valid up to 30 days after the date
of completion of Contract
62 The proceeds of the performance security shall be payable to
the Purchaser as compensation for any loss resulting from the
Bidderrsquos failure to complete its obligations under the Contract
63 The Performance Security shall be denominated in Indian
Rupees and shall be in one of the following forms
a) A Bank guarantee issued by a NationalizedScheduled bank in
the form provided in the tender documents or another form
acceptable to the Purchaser or
b) Crossed demand draft or pay order drawn in favor of the
Purchaser or
64 The Performance Security will be discharged by the Purchaser
and returned to the Bidder not later than 60 days following the date
of completion of the Bidderrsquos performance obligations including any
Warranty obligations under the Contract
7 Inspections and Tests
71 The Purchaser or its representative shall have the right to
inspect andor to test the Goods to confirm their conformity to the
Contract specifications at no extra cost to the Contractor
72 The contractor shall conduct third party inspection from any of
the inspection agency approved by Government of India The cost of
the inspection should be paid by the contractor and no
reimbursement shall be made by AMC for the inspection The
inspection shall be done on the basis of the technical bid submitted
by the tenderer or the approved machines and drawings by AMC
24
73 The inspections and tests may be conducted on the premises of
the Bidder or its subcontractor(s) at point of delivery andor at the
Goods final destination If conducted on the premises of the Bidder or
its subcontractor(s) all reasonable facilities and assistance including
access to drawings and production data - shall be furnished to the
inspectors at no charge to the Purchaser
74 Should any inspected or tested Goods fail to conform to the
specifications the Purchaser may reject the goods and the Bidder
shall either replace the rejected Goods or make alterations necessary
to meet specification requirements free of cost to the Purchaser
75 The Purchasers right to inspect test and where necessary
reject the Goods after the Goods arrival at Project Site shall in no
way be limited or waived by reason of the Goods having previously
been inspected tested and passed by the Purchaser or its
representative prior to the Goods shipment
76 Nothing in GCC Clause 7 shall in any way release the Bidder
from any warranty or other obligations under this Contract
77 Manuals and Drawings
771 Before the goods and equipment are taken over by the
Purchaser the Bidder shall supply operation and maintenance
manuals together with drawings of the goods and equipment These
shall be in such detail as will enable the Purchaser to operate
maintain adjust and repair all parts of the equipment as stated in the
specifications
772 The manuals and drawings shall be in the ruling language
(English) and in such form and numbers as stated in the contract
773 Unless and otherwise agreed the goods and equipment shall
not be considered to be completed for the purpose of taking over
until such manuals and drawings have been supplied to the
Purchaser
8 Packing
25
81 The packing of the goods may not be required however the
documents like operational manual and list of equipments shall be
submitted in two copies in booklet form
9 Delivery and Documents
91 Delivery of the Goods shall be made by the Bidder in
accordance with the terms specified by the Purchaser in the
Notification of Award The bills for the machines shall be submitted
in duplicate The bills for only those equipment will be accepted
whose delivery at site has been done by the bidder
10 Insurance
101 It will the responsibility of the contractor that the Goods and
machines supplied under the Contract shall be fully insured by the
contractor in Indian Rupees against loss or damage incidental to
manufacture or acquisition transportation storage and delivery for
complete duration of the contract For delivery of goods at site the
insurance shall be obtained by the Bidder in an amount equal to
110 of the value of the goods from ldquowarehouse to warehouserdquo
(final destinations) on ldquoAll Risksrdquo basis including War risks and
Strikes
11 Transportation
111 Where the Bidder is required under the Contract to transport
the Goods to a specified place of destination within India defined as
Project site the Bidder as shall be specified in the Contract shall
arrange transport to such place of destination in India including
insurance and the related cost shall be included in the Contract Price
12 Incidental Services
121 The Bidder may be required to provide any or all of the
following services including additional services if any specified in
SCC
a performance or supervision of the on-site assembly andor
start-up of the supplied Goods
b furnishing of tools required for assembly andor maintenance
of the supplied Goods
26
c furnishing of detailed operations and maintenance manual for
each appropriate unit of supplied Goods
d performance or supervision or maintenance andor repair of
the supplied Goods for a period of time agreed by the parties
provided that this service shall not relieve the Bidder of any
warranty obligations under this Contract and
e training of the Purchasers personnel at the Bidderrsquos plant
andor on-site in assembly start-up operation maintenance andor
repair of the supplied Goods
f detailed specifications of each equipment in detail to be
provided
g arrangement of required vehicles and implements for loading
amp unloading of Equipment at Facilities and other required infra for
assembling of equipment
122 Prices charged by the Bidder for incidental services if not
included in the Contract Price for the Goods shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates
charged to other parties by the Bidder for similar services
13 Spare Parts
131 As specified in the SCC the contractor shall be required to
provide any or all of the materials and spare parts at no cost to AMC
132 The Bidder shall carry sufficient inventories to assure ex-stock
supply of consumable spares for the Goods such as gaskets plugs
washers belts etc
14 Warranty
141 The Bidder warrants that the Goods supplied under this
Contract are new unused of the most recent or current models and
that they incorporate all recent improvements in design and
materials unless provided otherwise in the Contract The Bidder
further warrants that all Goods supplied under this Contract shall
have no defect arising from design materials or workmanship
(except when the design andor material is required by the
Purchasers Specifications) or from any act or omission of the Bidder
that may develop under normal use of the supplied Goods in the
conditions prevailing in the country of final destination
27
142 This warranty shall remain valid for 12 months after all the
sections of the entire plant have been delivered and successfully
commissioned and desired outputs are achieved as indicated in the
Contract Although section wise commissioning is proposed the
warranty will come into effect only after completion of all the
sections The Bidder shall in addition comply with the performance
andor consumption guarantees specified under the Contract If for
reasons attributable to the Bidder these guarantees are not attained
in whole or in part the Bidder shall at its discretion either
a make such changes modifications andor additions to the
Goods or any part thereof as may be necessary in order to attain the
contractual guarantees specified in the Contract at its own cost and
expense and to carry out further performance tests in accordance
with SCC Clause 2 OR
b pay liquidated damages to the Purchaser with respect to the
failure to meet the contractual guarantees The rate of these
liquidated damages shall be as specified in the Technical
Specifications
143 If the Bidder having been notified fails to remedy the defect(s)
within 15 days the Purchaser may proceed to take such remedial
action as may be necessary at the Bidderrsquos risk and expense and
without prejudice to any other rights which the Purchaser may have
against the Bidder under the Contract
15 Payment
151 The method and conditions of payment to be made to the
Bidder under this Contract shall be specified in the SCC
152 The Bidderrsquos request(s) for payment shall be made to the
Purchaser in writing accompanied by an invoice describing as
appropriate the Goods delivered and the Services performed and by
documents submitted pursuant to GCC Clause 9 and upon fulfillment
of other obligations stipulated in the contract
153 Payments shall be made promptly by the Purchaser but in no
case later than thirty (30) days after submission of the invoice or
claim by the Bidder
28
154 Payment shall be made in Indian Rupees
16 Prices
161 Prices payable to the Bidder as stated in the contract shall be
firm during the performance of the contract
17 Change Orders
171 The Purchaser may at any time by written order given to the
Bidder pursuant to GCC Clause 31 make changes within the general
scope of the Contract in any one or more of the following
a drawings designs or specifications where Goods to be
furnished under the Contract are to be specifically manufactured for
the Purchaser
b the Services to be provided by the Bidder
172 If any such change causes an increase or decrease in the cost of
or the time required for the Bidderrsquos performance of any provisions
under the Contract an equitable adjustment shall be made in the
Contract Price or delivery schedule or both and the Contract shall
accordingly be amended Any claims by the Bidder for adjustment
under this clause must be asserted within thirty (30) days from the
date of the Bidderrsquos receipt of the Purchasers change order
18 Contract Amendments
181 Subject to GCC Clause 17 no variation in or modification of the
terms of the Contract shall be made except by written amendment
signed by the parties
19 Assignment
191 The Bidder shall not assign in whole or in part its obligations
to perform under the Contract except with the Purchasers prior
written consent
20 Subcontracts
201 Any subcontracting work should be done after confirmation of
the same from the AMC
21 Delays in the Bidderrsquos Performance
29
211 Delivery of the Goods and performance of the Services shall be
made by the Bidder in accordance with the time schedule specified
by the Purchaser in the Schedule of Requirements
212 If at any time during performance of the Contract the Bidder or
its sub-contractor(s) should encounter conditions impeding timely
delivery of the Goods and performance of Services the Bidder shall
promptly notify the Purchaser in writing of the fact of the delay its
likely duration and its cause(s) As soon as practicable after receipt of
the Bidderrsquos notice the Purchaser shall evaluate the situation and
may at its discretion extend the Bidderrsquos time for performance with
or without liquidated damages in which case the extension shall be
ratified by the parties by amendment of the Contract
213 Except as provided under GCC Clause 24 a delay by the Bidder
in the performance of its delivery obligations shall render the Bidder
liable to the imposition of liquidated damages pursuant to GCC
Clause 22 unless an extension of time is agreed upon pursuant to
GCC Clause 212 without the application of liquidated damages
22 Liquidated Damages
221 Subject to GCC Clause 24 if the Bidder fails to deliver any or all
of the Goods or to perform the Services within the period(s) specified
in the Contract the Purchaser shall without prejudice to its other
remedies under the Contract deduct from the Contract Price as
liquidated damages a sum equivalent to 2 of the delivered price of
the delayed Goods or unperformed Services for each week or part
thereof of delay until actual delivery or performance up to a
maximum deduction of 10 of the Contract Price Once the
maximum is reached the Purchaser may consider termination of the
Contract pursuant to GCC Clause 23 Liquidated Damages is applicable
only up to commission and trial run period and not applicable to AMC
phase of the Contract
23 Termination for Default
30
231 The Purchaser may without prejudice to any other remedy for
breach of contract by written notice of default sent to the Bidder
terminate the Contract in whole or part
a if the Bidder fails to deliver any or all of the Goods within the
period(s) specified in the Contract or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 21 or
b if the Bidder fails to perform any other obligation(s) under the
Contract
c If the Bidder in the judgement of the Purchaser has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract
For the purpose of this Clause
ldquoCorrupt practicerdquo means the offering giving receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution
ldquofraudulent practicerdquo means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition
232 In the event the Purchaser terminates the Contract in whole or
in part pursuant to GCC Clause 231 the Purchaser may procure
upon such terms and in such manner as it deems appropriate Goods
or Services similar to those undelivered and the Bidder shall be
liable to the Purchaser for any excess costs for such similar Goods or
Services However the Bidder shall continue the performance of the
Contract to the extent not terminated
24 Force Majeure
241 Not with standing the provisions of GCC Clauses 21 22 23 the
Bidder shall not be liable for forfeiture of its performance security
liquidated damages or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
BIOMETHANATION PLANT
v
4)अहमदनगर महानगरपालकस Nonveg 5
TPD fमतच BIOMETHANATION PLANT
दखभाल व द+Hती बाबत दर रकम +
(अfर-
)
9न=वदाया अट व शत मला माampय असन Iया Fमाण 9न=वदा दर भ+न सादर करत आह
9न=वदाधारकाची Hवाfर व
शका
नाव-
प7ा-
उपायत(कर)
अहमदनगर महानगरपालकाअनगर
ऑनलाईन ई नवदा फॉम0 1फ व बयाणा र3कम भरणक5रता सव0साधारण सचना
BIOMETHANATION PLANT
vi
The EMD applicable amount shall be paid via Online mode onlyIn case of EMD
exemptionvalid EMD Exemption Certificate
Note
Realisation of NEFTRTGS payment normally takes 2 to 24 hours so it is advised to make
sure that NEFTRTGS payment activity should be completed well before time
NEFTRTGS option will be depend on the amount of EMD
Help File regarding use of ePayment Gateway can be downloaded from eTendering portal
C) Terms and Conditions For Online-Payments
The Terms and Conditions contained herein shall apply to any person (ldquoUserrdquo) using the
services of hereinafter referred to as ldquoMerchantrdquo for making Tender fee and Earnest Money
Deposit(EMD) payments through an online Payment Gateway Service (ldquoServicerdquo) offered by
ICICI Bank Ltd in association with E Tendering Service provider and Payment Gateway
Service provider through Each User is therefore deemed to have read and accepted these
Terms and Conditions
Privacy Policy The Merchant respects and protects the privacy of the individuals that access the information and use the services provided through them Individually identifiable information about the User is not willfully disclosed to any third party without first receiving the Users permission as covered in this Privacy Policy This Privacy Policy describes Merchantrsquos treatment of personally identifiable information that Merchant collects when the User is on the Merchantrsquos website The Merchant does not collect any unique information about the User (such as Users name email address age gender etc) except when you specifically and knowingly provide such information on the Website Like any business interested in offering the highest quality of service to clients Merchant may from time to time send email to the User and other communication to tell the User about the various services features functionality and content offered by Merchants website or seek voluntary information fromThe User Please be aware however that Merchant will release specific personal information about the User if required to do so in the following cirumstances
in order to comply with any valid legal process such as a search warrant statute or
court order or available at time of opening the tender
if any of Userrsquos actions on our website violate the Terms of Service or any of our guidelines for specific services or
to protect or defend Merchantrsquos legal rights or property the Merchantrsquos site or the Users of
the site or
to investigate prevent or take action regarding illegal activities suspected fraud situations involving potential threats to the security integrity of Merchantrsquos websiteofferings
General Terms and Conditions For E-Payment
Once a User has accepted these Terms and Conditions he she may register on Merchantrsquos
website and avail the Services
Merchants rights obligations undertakings shall be subject to the laws in force in India as
BIOMETHANATION PLANT
vii
well as any directives procedures of Government of India and nothing contained in these Terms and Conditions shall be in derogation of Merchants right to comply with any law enforcement agencies request or requirements relating to any Userrsquos use of the website or information provided to or gathered by Merchant with respect to such use Each User accepts and agrees that the provision of details of his her use of the Website to regulators or police or to any other third party in order to resolve disputes or complaints which relate to the Website shall be at the absolute discretion of Merchant
If any part of these Terms and Conditions are determined to be invalid or unenforceable
pursuant to applicable law including but not limited to the warranty disclaimers and liability limitations set forth herein then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect
These Terms and Conditions constitute the entire agreement between the User and
Merchant These Terms and Conditions supersede all prior or contemporaneous communications and proposals whether electronic oral or written between the User and Merchant A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form
The entries in the books of Merchant andor the Payment Gateway Service Providers kept in
the ordinary course of business of Merchant andor the Payment Gateway Service Providers with regard to transactions covered under these Terms and Conditions and matters therein appearing shall be binding on the User and shall be conclusive proof of the genuineness and accuracy of the transaction
Refund For Charge Back Transaction In the event there is any claim for of charge back
by the User for any reason whatsoever such User shall immediately approach Merchant with his her claim details and claim refund from Merchant alone Such refund (if any) shall be effected only by Merchant via payment gateway or by means of a demand draft or such other means as Merchant deems appropriate No claims for refund charge back shall be made by any User to the Payment Gateway Service Provider(s) and in the event such claim is made it shall not be entertained
In these Terms and Conditions the term ldquoCharge Backrdquo shall mean approved and settled
credit card or net banking purchase transaction(s) which are at any time refused debited or charged back to merchant account (and shall also include similar debits to Payment Gateway Service Providers accounts if any) by the acquiring bank or credit card company for any reason whatsoever together with the bank fees penalties and other charges incidental thereto
Refund for fraudulentduplicate transaction(s) The User shall directly contact Merchant for any fraudulent transaction(s) on account of misuse of Card Bank details by a fraudulent individualparty and such issues shall be suitably addressed by Merchant alone in line with their policies and rules
Server Slow DownSession Timeout In case the Website or Payment Gateway Service
Providerrsquos webpage that is linked to the Website is experiencing any server related issues like lsquoslow downrsquo or lsquofailurersquo or lsquosession timeoutrsquo the User shall before initiating the second payment check whether hisher Bank Account has been debited or not and accordingly resort to one of the following options
i In case the Bank Account appears to be debited ensure that he she does not make the payment twice and immediately thereafter contact Merchant via e-mail or any other mode of contact as provided by Merchant to confirm payment
BIOMETHANATION PLANT
viii
ii In case the Bank Account is not debited the User may initiate a fresh transaction to make payment However the User agrees that under no circumstances the Payment Gateway Service Provider shall be held responsible for such fraudulentduplicate transactions and hence no claims should be raised to Payment Gateway Service Provider No communication received by the Payment Gateway Service Provider(s) in this regard shall be entertained by the Payment Gateway Service Provider
Limitation of Liability
Merchant has made this Service available to the User as a matter of convenience Merchant
expressly disclaims any claim or liability arising out of the provision of this Service The User agrees and acknowledges that he she shall be solely responsible for his her conduct and that Merchant reserves the right to terminate the rights to use of the Service immediately without giving any prior notice thereof
Merchant andor the Payment Gateway Service Providers shall not be liable for any
inaccuracy error or delay in or omission of (a) any data information or message or (b) the transmission or delivery of any such data information or message or (c) any loss or damage arising from or occasioned by any such inaccuracy error delay or omission non-performance or interruption in any such data information or message Under no circumstances shall the Merchant andor the Payment Gateway Service Providers its employees directors and its third party agents involved in processing delivering or managing the Services be liable for any direct indirect incidental special or consequential damages or any damages whatsoever including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Services
The Merchant and the Payment Gateway Service Provider(s) assume no liability whatsoever
for any monetary or other damage suffered by the User on account of
(I) the delay failure interruption or corruption of any data or other information transmitted in connection with use of the Payment Gateway or Services in connection thereto and or
(ii) any interruption or errors in the operation of the Payment Gateway
The User shall indemnify and hold harmless the Payment Gateway Service Provider(s) and Merchant and their respective officers directors agents and employees from any claim or demand or actions arising out of or in connection with the utilization of the Services
The User agrees that Merchant or any of its employees will not be held liable by the User for any loss or damages arising from your use of or reliance upon the information contained on the Website or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond Merchantrsquos reasonable control
Miscellaneous Conditions
1 Any waiver of any rights available to Merchant under these Terms and Conditions shall not mean that those rights are automatically waived
2 The User agrees understands and confirms that his her personal data including without limitation details relating to debit card credit card transmitted over the Internet may be susceptible to misuse hacking theft and or fraud and that Merchant or the Payment Gateway Service Provider(s) have no control over such matters
3 Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the User Merchant does not represent or guarantee that the
BIOMETHANATION PLANT
ix
use of the Services provided by through it will not result in theft andor unauthorized use of data over the Internet
4 The Merchant the Payment Gateway Service Provider(s) and its affiliates and associates shall not be liable at any time for any failure of performance error omission interruption deletion defect delay in operation or transmission computer virus communications line failure theft or destruction or unauthorized access to alteration of or use of information contained on the Website
5 The User may be required to create his her own User ID and Password in order to register and or use the Services provided by Merchant on the Website By accepting these Terms and Conditions the User agrees that his her User ID and Password are very important pieces of information and it shall be the Userrsquos own responsibility to keep them secure and confidential In furtherance hereof the User agrees to
Choose a new password whenever required for security reasons Keep his her User ID amp Password strictly confidential Be responsible for any transactions made by User under such User ID and Password
The User is hereby informed that Merchant will never ask the User for the Userrsquos password in an unsolicited phone call or in an unsolicited email The User is hereby required to sign out of his her Merchant account on the Website and close the web browser window when the transaction(s) have been completed This is to ensure that others cannot access the Userrsquos personal information and correspondence when the User happens to share a computer with someone else or is using a computer in a public place like a library or Internet cafeacute
DebitCredit Card Bank Account Details
The User agrees that the debitcredit card details provided by him her for use of the aforesaid Service(s) must be correct and accurate and that the User shall not use a debit credit card that is not lawfully owned by him her or the use of which is not authorized by the lawful owner thereof The User further agrees and undertakes to provide correct and valid debitcredit card details
The User may make his her payment(Tender FeeEarnest Money deposit) to Merchant by using a debitcredit card or through online banking account The User warrants agrees and confirms that when he she initiates a payment transaction andor issues an online payment instruction and provides his her card bank details
The User is fully and lawfully entitled to use such credit debit card bank account for such transactions
The User is responsible to ensure that the card bank account details provided by
him her are accurate The User is authorizing debit of the nominated card bank account for the payment of
Tender Fee and Earnest Money Deposit The User is responsible to ensure sufficient credit is available on the nominated card
bank account at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by the User inclusive of the applicable Fee
Personal Information
The User agrees that to the extent required or permitted by law Merchant and or the Payment Gateway Service Provider(s) may also collect use and disclose personal information in connection with security related or law enforcement investigations or in the course of cooperating with authorities or complying with legal requirements
BIOMETHANATION PLANT
x
The User agrees that any communication sent by the User vide e-mail shall imply release of
information therein therewith to Merchant The User agrees to be contacted via e-mail on such mails initiated by him her
In addition to the information already in the possession of Merchant and or the Payment Gateway Service Provider(s) Merchant may have collected similar information from the User in the past By entering the Website the User consents to the terms of Merchantrsquos information privacy policy and to our continued use of previously collected information By submitting the Userrsquos personal information to us the User will be treated as having given hisher permission for the processing of the Userrsquos personal data as set out herein
The User acknowledges and agrees that his her information will be managed in accordance with the laws for the time in force
Payment Gateway Disclaimer
The Service is provided in order to facilitate payment of Tender FeesEarnest Money Deposit online The Merchant or the Payment Gateway Service Provider(s) do not make any representation of any kind express or implied as to the operation of the Payment Gateway other than what is specified in the Website for this purpose By accepting agreeing to these Terms and Conditions the User expressly agrees that his her use of the aforesaid online payment service is entirely at own risk and responsibility of the User
The EMD if applicable will be paid via online mode or if exemption certificate is available then
valid certificate of exemption from payment of earnest money should be Scanned from
original copy Additional (Performance) Security (if Required) (copy to be Submitted as per
the tender Schedule)
After Tender opening the EMD of the unsucessfull bidder will be returned to account provided by the
bidder during the bid prepration as given in challan under Beneficiary Account Number
BIOMETHANATION PLANT
xi
Ahmednagar Municipal Corporation
TENDER FOR
ldquo DESIGN SUPPLY INSTALLATION ERECTION COMMISSIONING OF BIOMETHANATION
PLANT OF 5 TPD CAPACITY EACH X 2 NOS AND OPERATION amp MAINTENANCE FOR 1
YEAR AT BURUDGAON DEPO AHMEDNAGARrdquo
BIOMETHANATION PLANT
xii
Table of Contents
SECTION I INVITATION FOR TENDERS (IFT)
SECTION II INSTRUCTION TO TENDERERS
A Introduction
1 Eligible Tenderers
2 Cost of Tendering
B The Tender Documents
3 Contents of Tender Documents
4 Clarification of Tender Documents
5 Amendment of Tender Documents (l)
C Preparation of Tenders
6 Language of Tender
7 Documents Constituting the Tender
8 Tender Form
9 Tender Prices
10 Tender Currency
11 Documents Establishing Tenderers Eligibility and Qualifications
12 Documents Establishing Goods Eligibility and Conformity to Tender
Documents
13 Earnest Money Deposit
14 Period of Validity of Tenders
15 Format and Signing of Tender
D Submission of Bids
16 Bidding through E-Tendering System
17 Deadline for Submission of the Bids
18 Late Bids
19 Modification and Withdrawal of Bids
E Tender Opening and Evaluation of Tenders
20 Opening of Tenders by the Purchaser
21 Clarification of Tenders
23 Evaluation and Comparison of Tenders
24 Contacting the Purchaser
F Award of Contract
25 Post qualification
26 Award Criteria
27 Right to vary Quantities
BIOMETHANATION PLANT
xiii
28 Purchasers Right to Accept Any Tender and to Reject Any or All Tenders
29 Notification of Award
30 Signing of Contract
31 Performance Security
32 Corrupt or Fraudulent Practices
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information Inspection and Audit by the
Government
5 Patent Rights
6 Performance Security
7 Inspections and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in the Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
BIOMETHANATION PLANT
xiv
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
SECTION IV SPECIAL CONDITIONS OF CONTRACT
Special Conditions of Contract
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (Clause 27)
7 Notices (Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligations
12 Patent Rights
SECTION V SCHEDULE OF REQUIREMENTS
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
Annexure-1- Plant proposed
Annexure- 2 Other conditions
SECTION VII QUALIFICATION CRITERIA
SECTION VIII TENDER FORM
SECTION IX PRICE SCHEDULE FORMAT
SECTION X CONTRACT FORM
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
SECTION XII-Proforma for Performance Statement of Bidder
1
SECTION I INVITATION FOR TENDERS (IFT)
Date
No
The Ahmednagar Municipal Corporation (AMC) invites tenders from eligible tenderers for ldquoDesign supply installation erection
commissioning of Two Biomethanation plant of 5 TPD each
capacity with operation amp maintenance for 1 YEAR at Burudgaon
Depo Ahmednagarrdquo (place may be chamged as per necessory)
1 The tenderers shall submit tender for all the works under this
contract Part bidding of tender is not allowed
2 The Tender document is available online from e-portal and
bids are to be submitted online through the e-procurement portal
httpamcmaharashtraetendersin Bids submitted manually will
not be accepted One can view and download the tenders published
currently by logging on to httpamcmaharashtraetendersin
For submission of the bids the bidders are required to have Digital
Signature Certificate (DSC) from one of the authorized Certifying
Authorities as detailed in the website
31 Aspiring bidders who have not obtained the User ID and
Password for participating in e-tendering may obtain the same by
registering in the website The contractors once registered can
participate in any of the department tenders
32 The bidding is a single stage two cover system ie- two cover
system (First Cover (Technical) and Second Cover (Financial)) and
Operator to be selected on Least Cost Selection (LCS)
3 Bidders are required to pay online the tender processing fee as
detailed in the website
Note (The non-refundable Tender processing fee details is available
on the e-procurement website)
4 A Pre-bid Meeting will be held at the Office of ldquoCommissioner
Ahmednagar Municipal Corporationrdquo to clarify the issues and to
2
answer questions on any matter that may be raised at that stage as
stated in Clause 92 of lsquoInstructions to Biddersrsquo of the bidding
document
5 The last Date and time for receipt of bids through the e-
tendering portal httpamcmaharashtraetendersin and will be
opened as per e-portal from the last date and time of receipt of bids
If the office happens to be closed on the date of opening of the bids as
specified the bids will be opened on the next working day at the
same time and venue
6 Other details can be seen in the bidding documents
Note
The Employer shall not be held liable for any delays due to system
failure beyond its control Even though the system will attempt to
notify the bidders of any bid updates The Employer shall not be
liable for any information not received by the bidder It is the
biddersrsquo responsibility to verify the website for the latest information
related to the tender The bidder is required to ensure browser
compatibility of the computer well in advance to the last date and
time for receipt of the tenders The department shall not be
responsible for non-accessibility of e-procurement portal due to
internet connectivity issues and technical glitches
3
SECTION II INSTRUCTION TO TENDERERS
A Introduction
1 Eligible Tenderers
11 The tender is open to all bidders who satisfy the qualification
criteria
12 The tenderer should be a registered legal entity Joint ventures
are allowed
13 Tenderers should not be associated or have been associated in
the past directly or indirectly with a firm or any of its affiliates
which have been engaged by the Purchaser to provide consulting
services for the preparation of the design specifications and other
documents to be used for the procurement of the goods to be
purchased under this Invitation of Tenders
14 Tenderers shall not be under a declaration of ineligibility for
corrupt and fraudulent practices issued by Government of
Maharashtra or India
2 Cost of Tendering
21 The Tenderer shall bear all costs associated with the
preparation and submission of its tender and AMC hereinafter
referred to as the Purchaser will in no case be responsible or liable
for these costs regardless of the conduct or outcome of the tender
process
B The Tender Documents
3 Contents of Tender Documents
31 The goods required tendering procedures and contract terms
are prescribed in the tender documents In addition to the Invitation
for Tenders the tender documents include
a Instruction to Tenderers (ITT)
b General Conditions of Contract (GCC)
c Special Conditions of Contract (SCC)
d Schedule of Requirements
4
e Technical Specifications
f Tender Form and Price Schedules
g Earnest Money Deposit Form
h Contract Form
i Performance Security Form
j Performance Statement Form
32 The Tenderer is expected to examine all instructions forms
terms and specifications in the tender documents Failure to furnish
all information required by the tender documents or submission of a
tender not substantially responsive to the tender documents in every
respect will be at the Tendererrsquos risk and may result in rejection of its
tender
4 Clarification of Tender Documents
41 The electronic bidding system provides for online
clarifications A prospective tenderer requiring any clarification may
notify online the authority inviting the bid The authority-inviting bid
will respond to any request(s) for clarification received in writing up
to pre-bid meeting Description of clarification sought and the
response of the authority inviting the bid will be uploaded for
information of the public or other bidders without identifying the
source of request for clarification
The Tenderer or his official representative is invited to attend a pre-
bid meeting which will take place at the office of the ldquoCommissioner
Ahmednagar Municipal Corporationrdquo
42 The purpose of the meeting will be to clarify issues and to
answer questions on any matter that may be raised at that stage
43 The Tenderer is requested to submit any questions in written
addressed to the commissioner Ahmednagar Municipal Corporation
not later than day of pre-bid meeting
44 Minutes of the meeting including the text of the questions
raised (without identifying the source of enquiry) and the responses
given will be uploaded on the website
httpamcmaharashtraetendersin Any modification of the
5
bidding documents which may become necessary as a result of the
pre-bid meeting shall be made by the Purchaser exclusively through
the issue of an Addendum in pursuant to Clause 5 of IT Band
45 Non-attendance at the pre-bid meeting will not be a cause for
disqualification of a bidder
5 Amendment of Tender Documents (l)
51 At any time prior to the deadline for submission of tenders the
Purchaser may for any reason whether at its own initiative or in
response to a clarification requested by a prospective tenderer
modify the tender documents by amendment
52 The addendum will appear on the web page of the website
httpamcmaharashtraetendersin
53 In order to allow prospective tenderers reasonable time in
which to take the amendment into account in preparing their
tenders the Purchaser at its discretion may extend the deadline for
the submission of tenders
C Preparation of Tenders
6 Language of Tender
61 The tender prepared by the Tenderer as well as all
correspondence and documents relating to the tender exchanged by
the Tenderer and the Purchaser shall be written in English language
Supporting documents and printed literature furnished by the
Tenderer may be in another language provided they are
accompanied by an accurate translation of the relevant passages in
the English language in which case for purposes of interpretation of
the Tender the translation shall govern
7 Documents Constituting the Tender
a Technical Cover
The bidding is a single stage two cover system (First Cover
(Technical) and Second Cover (Financial)) and Successful Bidder to
be selected on Least Cost Selection (LCS) The bidder shall attach the
detailed technical specification of the machines proposed by him in
6
the technical bid The bidder shall attach the flow chart and detailed
proposed Biomethnation plant in the technical bid
The technical proposal will be evaluated and the proposal which are
found technically sound and satisfy other eligibility criteria shall be
called for presentation before the committee If committee finds the
offer technically viable the bidder shall be technically qualified
71 While preparing the Technical Tender Operator is expected to
examine the documents comprising this bid document Material
deficiencies in providing the information requested may result in
rejection of a tender The tender prepared by the Tenderer shall
comprise the following components
a) Documentary evidence established in accordance with ITT
Clause 11 that the Tenderer is eligible to tender and is qualified to
perform the contract if its tender is accepted
b) Documentary evidence established in accordance with ITT
Clause 12 that the goods and ancillary services to be supplied by the
Tenderer are eligible goods and services and conform to the tender
documents and
c) Earnest money deposit furnished in accordance with ITT
Clause 13
8 Tender Form
81 The Tenderer shall complete the Tender Form and the Price
Schedule furnished in the tender documents indicating the goods to
be supplied a brief description of the Design Supply Installation
Erection commissioning and Operation amp Maintenance of Municipal
Solid Waste Treatment Equipmentrsquos and Machineries their country of
origin quantity and prices
b Financial Cover
9 Tender Prices
91 The Tenderer shall indicate on the Price Schedule of the unit
prices and total tender prices of the Design supply installation
7
erection commissioning of Two Biomethanation plant of 5 TPD each
capacity with operation amp maintenance for 1 YEAR at Burudgaon
Depo Ahmednagar
92 Tenderers shall quote for the complete requirement of
processing machinery with vehicles goods and services specified
under single responsibility basis The least bidder shall be awarded
the work
93 Prices indicated on the Price Schedule shall be inclusive of the
following
(i) The price of the goods and services quoted (proposed
Biomethanation Plant including Design Supply Installation erection
commissioning and Operation amp Maintenance as applicable) shall
include all duties and sales and other taxes already paid or payable
by the tenderer
(ii) Any duties sales and other taxes which will be payable on the
goods shall be borne by the contractor if this Contract is awarded
(iii) The price for inland transportation insurance and other local
costs incidental to delivery of the goods to their final destination and
(iv) Cost towards erection and commissioning at site including
foundation
94 Prices quoted by the Tenderer shall be fixed during the
Tendererrsquos performance of the Contract and not subject to variation
on any account A tender submitted with an adjustable price
quotation will be treated as non- responsive and rejected pursuant
to ITT Clause 22
10 Tender Currency
101 Prices shall be quoted in Indian Rupees
11 Documents Establishing Tenderers Eligibility and
Qualifications
111 Pursuant to ITT Clause 7 the Tenderer shall furnish as part of
its Tender documents establishing the Tendererrsquos eligibility to
8
tender and its qualifications to perform the Contract if its tender is
accepted
112 The documentary evidence of the Tenderers qualifications to
perform the Contract if its tender is accepted shall establish to the
Purchasers satisfaction
a) That the average financial turnover of the bidder is 1 crore
in last 3 financial years
b) That The tenderer must have experience of Supply
installation and Commissioning of at least one Bio methanation
plant of 5 TPD capacity in India within last 1 years
Or
b) The bidder must have technology transfer agreement with
BARC (Bhabha Atomic Research Center ) for Biomethanation
plant
Bidder are required to submit Work order copies and
ExecutionCompletion Certificate Technology Transfer Certificate
from BARC AMC may call for original certificates for verification
12 Documents Establishing Goods Eligibility and Conformity
to Tender Documents
121 Pursuant to ITB Clause 7 the Tenderer shall furnish as part of
its tender documents establishing the eligibility and conformity to
the tender documents of all goods and services which the tenderer
proposes to supply under the contract
122 The documentary evidence of conformity of the goods and
services to the tender documents may be in the form of literature
drawings and data and shall consist of
a) a detailed description of the proposed essential technical and
performance characteristics of the goods and machines
b) a list giving full particulars including available sources and
current prices of spare parts special tools etc necessary for the
9
proper and continuing functioning of the goods for a period of one
years following commencement of the use of the goods by the
Purchaser and
c) an item-by-item commentary on the Purchasers Technical
Specifications demonstrating substantial responsiveness of the goods
and services to those specifications or a statement of deviations and
exceptions to the provisions of the Technical Specifications
123 For purposes of the commentary to be furnished pursuant to
ITT Clause 122(c) above the Tenderer shall note that standards for
workmanship material and equipment and references to brand
names or catalogue numbers designated by the Purchaser in its
Technical Specifications are intended to be descriptive only and not
restrictive The Tenderer may substitute alternative standards brand
names andor catalogue numbers in its tender provided that it
demonstrates to the Purchasers satisfaction that the substitutions
ensure substantial equivalence to those designated in the Technical
Specifications
13 Earnest Money Deposit
131 Pursuant to ITT Clause 7 the Tenderer shall furnish as part of
its tender earnest money deposit in the amount as specified in
Section-V - Schedule of Requirements
132 The earnest money deposit is required to protect the Purchaser
against the risk of Tenderers conduct which would warrant the
securitys forfeiture pursuant to ITB Clause 137
133 The earnest money deposit shall be denominated in Indian
Rupees and shall be paid online only on the portal
134 Any tender not secured in accordance with ITT Clauses 131
and the Purchaser as non-responsive pursuant to ITT Clause 22 will
reject 133 above
135 Unsuccessful Tenderers earnest money deposit will be
dischargedreturned as promptly as possible but not later than 30
days after the expiration of the period of tender validity prescribed
by the Purchaser pursuant to ITT Clause 14
10
136 The successful Tenderers earnest money deposit will be
discharged upon the Tenderer signing the Contract pursuant to ITT
Clause 30 and furnishing the performance security pursuant to ITB
Clause 31
137 The tender security may be forfeited
(a) if a Tenderer (i) withdraws its tender during the period of
tender validity specified by the Tenderer on the Tender Form or (ii)
does not accept the correction of errors pursuant to ITT Clause 222
or
(b) in case of a successful Tenderer if the Tenderer fails (i) to sign
the Contract in accordance with ITT Clause 30 or (ii) to furnish
performance security in accordance with ITT Clause 31
14 Period of Validity of Tenders
141 Tenders shall remain valid for 120 days after the deadline for
submission of tenders prescribed by the Purchaser pursuant to ITT
Clause 17 A tender valid for a shorter period shall be rejected by the
Purchaser as non-responsive
142 In exceptional circumstances the Purchaser may solicit the
Tenderers consent to an extension of the period of validity The
request and the responses thereto shall be made in writing (or by
cable or telex or fax) The earnest money deposit provided under ITT
Clause 13 shall also be suitably extended A Tenderer may refuse the
request without forfeiting its earnest money deposit A Tenderer
granting the request will not be required nor permitted to modify its
tender
15 Format and Signing of Tender
151 Bidders shall submit offers that comply with the requirements
of the bidding documents including the basic technical design as
indicated in the drawing and specifications Alternatives will not be
considered
11
D Submission of Bids
16 Bidding through E-Tendering System
161 The tendering under this contract is electronic bid submission
through website httpamcmaharashtraetendersin Detailed
guidelines for viewing bids and submission of online bids are given
on the website The Invitation for Tenders is published on this
website Any citizen or prospective tenderer can logon to this
website and view the Invitation for Tenders and can view the details
of works for which bids are invited The prospective tenderer can
submit tenders online however the bidder is required to have
enrolmentregistration in the website and should have valid Digital
Signature Certificate (DSC) The DSC can be obtained from any
authorized certifying agencies The tenderer should register in the
web site httpamcmaharashtraetendersin After this the
tenderer can login the site through the secured login Bidders are
requested to go through the bid documents carefully and submit the
required information without exception otherwise bids will be
rejected
162 The completed tender should be uploaded on the website
given above through e-tendering along with scanned copies of
requisite certificates as are mentioned in different sections in the
bidding document and scanned copy of the Bid Security No financial
quote shall be uploaded as part of the Technical Bid
163 The bidder shall submit online the requirements under
qualification criteria and Technical and Financial parts The contents
of the Post Qualification and Technical and Financial bid shall be as
specified in ITT After electronic on line bid submission the system
generates a unique bid reference number which is time stamped
This shall be treated as acknowledgement of bid submission
17 Deadline for Submission of the Bids
171 Bids must be received by the Employer online not later than
the due date as specified in the online portal
172 The Employer may extend the deadline for submission of bids
by issuing an amendment in accordance with Clause 5 in which case
12
all rights and obligations of the Employer and the bidders previously
subject to the original deadline will then be subject to the new
deadline
18 Late Bids
181 The electronic bidding system would not allow any late
submission of bids after due date and time as per server time
19 Modification and Withdrawal of Bids
191 Tenderers may modify their bids online before the deadline
prescribed in Clause 17 for bid modification and consequential re-
submission
192 No tenders may be modified after the deadline for submission
of Bids
193 Withdrawal or modification of a tender between the deadline
for submission of tender and the expiration of the original period of
bid validity specified in Clause 141 above or as extended pursuant to
Clause 142 is not allowed in the e-procurement system If a tenderer
does the same through any other medium then it may result in the
forfeiture of the Tender security pursuant to Clause 137
E Tender Opening and Evaluation of Tenders
20 Opening of Tenders by the Purchaser
201 The Purchaser will open all the Technical Cover in the
presence of Tenderersrsquo representatives who choose to attend as per
e-portal
The Tendererrsquos representatives who are present shall sign a register
evidencing their attendance In the event of the specified date of
Tender opening being declared a holiday for the Purchaser the
tenders shall be opened at the appointed time and location on the
next working day
202 The Tendererrsquos names tender modifications or withdrawals
tender prices discounts and the presence or absence of requisite
tender security and such other details as the Purchaser at its
discretion may consider appropriate will be announced at the
opening No tender shall be rejected at tender opening except for late
13
tenders which shall be returned unopened to the Tenderer pursuant
to ITT Clause 18
203 Tenders (and modifications sent pursuant to ITT Clause 192)
that are not opened and read out at tender opening shall not be
considered further for evaluation irrespective of the circumstances
204 The Purchaser will prepare minutes of the tender opening The
Financial Bid of the successful bidders only will be opened after
completion of technical bid evaluation
21 Clarification of Tenders
During evaluation of tenders the Purchaser may at its discretion ask
the Tenderer for a clarification of its tender The request for
clarification and the response shall be in writing and no change in
prices or substance of the tender shall be sought offered or
permitted
22 Preliminary Examination
221 The Purchaser will examine the technical bid to determine
whether they are complete whether required sureties have been
furnished and whether the tenders are generally in order
2211 The evaluation committee appointed by the Employer as
a whole and each of its members individually will evaluate the
Technical Bids on the basis of their responsiveness to the ITB A Bid
shall be rejected at this stage if it does not respond to important
aspects of the Bid Document
222 After the evaluation of technical Bid is completed the
Purchaser shall notify those bidders whose Bids meet the
qualification criteria as detailed in Section VII or were considered
responsive to the bid document indicating that the presentation has
to be made by their company After presentation by the company the
committee members or the person authorized by the commissioner
may visit the plant established by the bidder The bidder to whom the
committee is satisfied with the documents and the presentation and
the site visit if required will be informed as technically qualified
bidders
14
223 The financial bid opening date shall not be informed to the
technically disqualified bidders
2231 The Financial Cover shall be opened publicly in the
presence of the bidders representatives who choose to attend The
bid opening shall be online only
2232 The evaluation committee will determine whether the
Financial Bids are complete correct any computational errors
Arithmetical errors will be rectified on the following basis If there is
a discrepancy between the unit price and the total price that is
obtained by multiplying the unit price and quantity the unit price
shall prevail and the total price shall be corrected If there is a
discrepancy between words and figures the lower of the two will
prevail If the Bidder does not accept the correction of errors its
tender will be rejected and its tender security may be forfeited
2233 All necessary civil work and other related works for
Biomethanation plant is to be done by the successful bidder AMC
shall provide the land road upto the plant site electric connection
upto the plant site AMC shall provide approximately 5 TPD non-veg
organic waste and 5 TPD organic (Veg) waste as feed for each
seperate plant
2234 During the contract period and always the processing
plant machines land and civil works shall be the property of AMC At
the time of handover of the plant to AMC the contractor shall
handover the plant in good running condition If it is found that the
plant is inoperative or needs any repairs and maintenance the
contractor should either repair it to satisfaction of the AMC or if AMC
get it done by its own resources the amount shall be deducted from
the performance security deposit submitted by the contractor
2235 This biding is called for Burudgaon Depo location The
selection procedure of the successful bidder shall be as under
a Whereas successful bidder shall be the bidder quoting lowest for
the Supply Installation Erection commissioning and Operation amp
Maintenance of Municipal Solid Waste Treatment Equipmentrsquos and
Machineries (L-1)
15
b The cost of the MSW Plant and allied accessories for operation
of the plant quoted by the bidder shall be paid by the AMC as per the
payment schedule given in the tender document The value of the
processing plant and allied accessories wit OampM quoted by the
bidder shall be the sole bidding criteria for the tender
c The successful contractor shall not be paid any kind tipping
fees for operating the plant The contractor shall sell the products
(GasElectricitycompostothers) recovered from the processing of
the waste to recover the operation and maintenance cost and the
profits
224 Term of Contract
The term of the contract shall be 1 YEAR and can be renewed for a
similar term if the performance of the contractor is satisfactory
225 Scope of Work
The scope of the work shall be processing of the 5 + 5 TPD waste for
each site (two sites)received at site The rejects from the processing
should not be more than 15 of the total waste The rejects shall be
kept at one side of the site from where the CampT contractor shall lift
the waste and transport it to landfill site
226 Prior to the detailed evaluation pursuant to ITB Clause 23 the
Purchaser will determine the substantial responsiveness of each
tender to the tender documents For purposes of these Clauses a
substantially responsive tender is one which conforms to all the
terms and conditions of the tender documents without material
deviations Deviations from or objections or reservations to critical
provisions such as those concerning Performance Security (GCC
Clause 6) Warranty (GCC Clause 14) Force Majeure (GCC Clause 24)
Limitation of liability (GCC Clause 28) Applicable law (GCC Clause
30) and Taxes amp Duties (GCC Clause 32) will be deemed to be a
material deviation The Purchasers determination of a tenders
responsiveness is to be based on the contents of the tender itself
without recourse to extrinsic evidence
16
227 If a tender is not substantially responsive it will be rejected by
the Purchaser and may not subsequently be made responsive by the
Tenderer by correction of the non-conformity
23 Evaluation and Comparison of Tenders
231 The Purchaser will evaluate and compare the tenders which
have been determined to be substantially responsive pursuant to ITT
Clause 22 for each schedule separately No tender will be considered
if the complete requirements covered in the schedule is not included
in the tender However as stated in ITT Clause 9 The tenderer shall
quote his final prices taken into account all discounts
24 Contacting the Purchaser
241 Subject to ITT Clause 21 no Tenderer shall contact the
Purchaser on any matter relating to its tender from the time of the
tender opening to the time the Contract is awarded If the tenderer
wishes to bring additional information to the notice of the purchaser
it should do so in writing
242 Any effort by a Tenderer to influence the Purchaser in its
decisions on tender evaluation tender comparison or contract award
may result in rejection of the Tenderers tender
F Award of Contract
25 Post qualification
251 In the absence of prequalification the Purchaser will determine
to its satisfaction whether the Tenderer that is selected as having
submitted the lowest evaluated responsive tender meets the criteria
specified in ITT Clause 112 (b) and is qualified to perform the
contract satisfactorily
252 The determination will take into account the Tenderers
financial technical and production capabilities It will be based upon
an examination of the documentary evidence of the Tenderers
qualifications submitted by the Tenderer pursuant to ITT Clause 11
as well as such other information as the Purchaser deems necessary
and appropriate
26 Award Criteria
17
261 Subject to ITT Clause 28 the Purchaser will award the Contract
to the successful Tenderer whose tender has been determined to be
substantially responsive and has been determined as the lowest
evaluated tender provided further that the Tenderer is determined
to be qualified to perform the Contract satisfactorily
27 Right to vary Quantities
271 The contractor shall have to erect the machines proposed by
him in the technical bid and presentation However during the
contract duration for better performance of the processing plant the
contractor shall be free to add the machines vehicles and civil works
at no cost to AMC The contractor shall not be allowed to sell the
installed machines as AMC has already paid the contractor for the
machines and ownership of the machines always lies with the AMC
28 Purchasers Right to Accept Any Tender and to Reject Any
or All Tenders
281 The Purchaser reserves the right to accept or reject any tender
and to annul the tendering process and reject all tenders at any time
prior to contract award without thereby incurring any liability to the
affected Tenderer or Tendererrsquos
29 Notification of Award
291 Prior to the expiration of the period of tender validity the
Purchaser will notify the successful tenderer in writing by registered
letter or by cabletelex or fax to be confirmed in writing by
registered letter that its tender has been accepted
292 The notification of award will constitute the formation of the
Contract
293 Upon the successful Tenderers furnishing of performance
security pursuant to ITT Clause 31 the Purchaser will promptly
notify the name of the winning Tenderer to each unsuccessful
Tenderer and will discharge its earnest money deposit pursuant to
ITT Clause 13
30 Signing of Contract
18
301 At the same time as the Purchaser notifies the successful
tenderer that its tender has been accepted the Purchaser will send
the Tenderer the Contract Form provided in the tender documents
incorporating all agreements between the parties
302 Within 21 days of receipt of the Contract Form the successful
Tenderer shall sign and date the Contract and return it to the
Purchaser
31 Performance Security
311 Within 21 days of the receipt of notification of award from the
Purchaser the successful Tenderer shall furnish the performance
security of 3 of the cost of the machines and equipments
quoted by him The performance security shall be in form of Bank
guarantee 2 payment shall be deducted from each payment which
will make the total performance security to 5 The performance
security shall be released at the end of the contract period
312 Failure of the successful Tenderer to comply with the
requirement of ITT Clause 302 or ITT Clause 311 shall constitute
sufficient grounds for the annulment of the award and forfeiture of
the earnest money deposit in which event the Purchaser may make
the award to the next lowest evaluated Tenderer or call for new
tenders
32 Corrupt or Fraudulent Practices
321 The Government requires that Tendererrsquos Bidders
Contractors observe the highest standard of ethics during the
procurement and execution of Government financed contracts In
pursuance of this policy the Government
(a) defines for the purposes of this provision the terms set forth
as follows
(i) ldquocorrupt practicerdquo means the offering giving receiving or
soliciting of any thing of value to influence the action of a public
official in the procurement process or in contract execution and
(ii) ldquofraudulent practicerdquo means a misrepresentation of facts in
order to influence a procurement process or the execution of a
contract to the detriment of the Government and includes collusive
19
practice among Tenderers (prior to or after tender submission)
designed to establish tender prices at artificial non-competitive
levels and to deprive the Government of the benefits of free and open
competition
(b) will reject a proposal for award if it determines that the
Tenderer recommended for award has engaged in corrupt or
fraudulent practices in competing for the contract in question
(c) will declare a firm ineligible either indefinitely or for a stated
period of time to be awarded a Government financed contract if it at
any time determines that the firm has engaged in corrupt or
fraudulent practices in competing for or in executing a Government-
financed contract
322 Furthermore Tenderers shall be aware of the provision stated
in sub-clause 44 and sub-clause 231 of the General Conditions of
Contract
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
Clause Number Topic
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information
Inspection and Audit by Government
5 Patent Rights
6 Performance Security
7 Inspection and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
20
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
21
General Conditions of Contract
1 Definitions
11 In this Contract the following terms shall be interpreted as
indicated
a The Contract means the agreement entered into between the
Purchaser and the Bidder as recorded in the Contract Form signed
by the parties including all the attachments and appendices thereto
and all documents incorporated by reference therein
b The Contract Price means the price payable to the Bidder
under the Contract for the full and proper performance of its
contractual obligations
c The Goods means all the equipment machinery andor other
materials which the Bidder is required to supply to the Purchaser
under the Contract
d Services means services ancillary to the supply of the Goods
such as transportation and insurance and any other incidental
services such as installation commissioning provision of technical
assistance training and other obligations of the Bidder covered
under the Contract
e ldquoGCCrdquo means the General Conditions of Contract contained in
this section
f ldquoSCCrdquo means the Special Conditions of Contract
g ldquoThe Purchaserrdquo means the organization purchasing the Goods
as named in SCC
h ldquoThe Purchaserrsquos countryrdquo is the country named in SCC
i ldquoThe Bidderrdquo means the individual or firm supplying the Goods
and Services under this Contract
j ldquoThe Governmentrdquo means the Government of Maharashtra
State
k ldquoThe Project Siterdquo where applicable means the place or places
named in SCC
l ldquoDayrdquo means calendar day
2 Application
22
21 These General Conditions shall apply to the extent that
provisions in other parts of the Contract do not supersede them
3 Standards
31 The Goods and machines supplied under this Contract shall
conform to the standards mentioned in the Technical Specifications
given in the technical bid of the bidder and when no applicable
standard is mentioned to the authoritative standard appropriate to
the Goods country of origin and such standards shall be the latest
issued by the concerned institution
4 Use of Contract Documents and Information Inspection
and Audit by the Government
41 The Bidder shall not without the Purchasers prior written
consent disclose the Contract or any provision thereof or any
specification plan drawing pattern sample or information furnished
by or on behalf of the Purchaser in connection therewith to any
person other than a person employed by the Bidder in performance
of the Contract Disclosure to any such employed person shall be
made in confidence and shall extend only so far as may be necessary
for purposes of such performance
42 The Bidder shall not without the Purchaserrsquos prior written
consent make use of any document or information enumerated in
GCC Clause 41 except for purposes of performing the contract
43 Any document other than the Contract itself enumerated in
GCC Clause 41 shall remain the property of the Purchaser and shall
be returned (in all copies) to the Purchaser on completion of the
Bidderrsquos performance under the Contract if so required by the
Purchaser
44 The Bidder shall permit the Government to inspect the Bidderrsquos
accounts and records relating to the performance of the Bidder and
to have them audited by auditors appointed by the Government if so
required by the Government
5 Patent Rights
23
51 The Bidder shall indemnify the Purchaser against all third-
party claims of infringement of patent trademark or industrial
design rights arising from use of the Goods or any part thereof in
India
6 Performance Security
61 Within 21 days of receipt of the notification of contract award
the Bidder shall furnish Performance Security to the Purchaser for an
amount of 5 of the Contract Value valid up to 30 days after the date
of completion of Contract
62 The proceeds of the performance security shall be payable to
the Purchaser as compensation for any loss resulting from the
Bidderrsquos failure to complete its obligations under the Contract
63 The Performance Security shall be denominated in Indian
Rupees and shall be in one of the following forms
a) A Bank guarantee issued by a NationalizedScheduled bank in
the form provided in the tender documents or another form
acceptable to the Purchaser or
b) Crossed demand draft or pay order drawn in favor of the
Purchaser or
64 The Performance Security will be discharged by the Purchaser
and returned to the Bidder not later than 60 days following the date
of completion of the Bidderrsquos performance obligations including any
Warranty obligations under the Contract
7 Inspections and Tests
71 The Purchaser or its representative shall have the right to
inspect andor to test the Goods to confirm their conformity to the
Contract specifications at no extra cost to the Contractor
72 The contractor shall conduct third party inspection from any of
the inspection agency approved by Government of India The cost of
the inspection should be paid by the contractor and no
reimbursement shall be made by AMC for the inspection The
inspection shall be done on the basis of the technical bid submitted
by the tenderer or the approved machines and drawings by AMC
24
73 The inspections and tests may be conducted on the premises of
the Bidder or its subcontractor(s) at point of delivery andor at the
Goods final destination If conducted on the premises of the Bidder or
its subcontractor(s) all reasonable facilities and assistance including
access to drawings and production data - shall be furnished to the
inspectors at no charge to the Purchaser
74 Should any inspected or tested Goods fail to conform to the
specifications the Purchaser may reject the goods and the Bidder
shall either replace the rejected Goods or make alterations necessary
to meet specification requirements free of cost to the Purchaser
75 The Purchasers right to inspect test and where necessary
reject the Goods after the Goods arrival at Project Site shall in no
way be limited or waived by reason of the Goods having previously
been inspected tested and passed by the Purchaser or its
representative prior to the Goods shipment
76 Nothing in GCC Clause 7 shall in any way release the Bidder
from any warranty or other obligations under this Contract
77 Manuals and Drawings
771 Before the goods and equipment are taken over by the
Purchaser the Bidder shall supply operation and maintenance
manuals together with drawings of the goods and equipment These
shall be in such detail as will enable the Purchaser to operate
maintain adjust and repair all parts of the equipment as stated in the
specifications
772 The manuals and drawings shall be in the ruling language
(English) and in such form and numbers as stated in the contract
773 Unless and otherwise agreed the goods and equipment shall
not be considered to be completed for the purpose of taking over
until such manuals and drawings have been supplied to the
Purchaser
8 Packing
25
81 The packing of the goods may not be required however the
documents like operational manual and list of equipments shall be
submitted in two copies in booklet form
9 Delivery and Documents
91 Delivery of the Goods shall be made by the Bidder in
accordance with the terms specified by the Purchaser in the
Notification of Award The bills for the machines shall be submitted
in duplicate The bills for only those equipment will be accepted
whose delivery at site has been done by the bidder
10 Insurance
101 It will the responsibility of the contractor that the Goods and
machines supplied under the Contract shall be fully insured by the
contractor in Indian Rupees against loss or damage incidental to
manufacture or acquisition transportation storage and delivery for
complete duration of the contract For delivery of goods at site the
insurance shall be obtained by the Bidder in an amount equal to
110 of the value of the goods from ldquowarehouse to warehouserdquo
(final destinations) on ldquoAll Risksrdquo basis including War risks and
Strikes
11 Transportation
111 Where the Bidder is required under the Contract to transport
the Goods to a specified place of destination within India defined as
Project site the Bidder as shall be specified in the Contract shall
arrange transport to such place of destination in India including
insurance and the related cost shall be included in the Contract Price
12 Incidental Services
121 The Bidder may be required to provide any or all of the
following services including additional services if any specified in
SCC
a performance or supervision of the on-site assembly andor
start-up of the supplied Goods
b furnishing of tools required for assembly andor maintenance
of the supplied Goods
26
c furnishing of detailed operations and maintenance manual for
each appropriate unit of supplied Goods
d performance or supervision or maintenance andor repair of
the supplied Goods for a period of time agreed by the parties
provided that this service shall not relieve the Bidder of any
warranty obligations under this Contract and
e training of the Purchasers personnel at the Bidderrsquos plant
andor on-site in assembly start-up operation maintenance andor
repair of the supplied Goods
f detailed specifications of each equipment in detail to be
provided
g arrangement of required vehicles and implements for loading
amp unloading of Equipment at Facilities and other required infra for
assembling of equipment
122 Prices charged by the Bidder for incidental services if not
included in the Contract Price for the Goods shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates
charged to other parties by the Bidder for similar services
13 Spare Parts
131 As specified in the SCC the contractor shall be required to
provide any or all of the materials and spare parts at no cost to AMC
132 The Bidder shall carry sufficient inventories to assure ex-stock
supply of consumable spares for the Goods such as gaskets plugs
washers belts etc
14 Warranty
141 The Bidder warrants that the Goods supplied under this
Contract are new unused of the most recent or current models and
that they incorporate all recent improvements in design and
materials unless provided otherwise in the Contract The Bidder
further warrants that all Goods supplied under this Contract shall
have no defect arising from design materials or workmanship
(except when the design andor material is required by the
Purchasers Specifications) or from any act or omission of the Bidder
that may develop under normal use of the supplied Goods in the
conditions prevailing in the country of final destination
27
142 This warranty shall remain valid for 12 months after all the
sections of the entire plant have been delivered and successfully
commissioned and desired outputs are achieved as indicated in the
Contract Although section wise commissioning is proposed the
warranty will come into effect only after completion of all the
sections The Bidder shall in addition comply with the performance
andor consumption guarantees specified under the Contract If for
reasons attributable to the Bidder these guarantees are not attained
in whole or in part the Bidder shall at its discretion either
a make such changes modifications andor additions to the
Goods or any part thereof as may be necessary in order to attain the
contractual guarantees specified in the Contract at its own cost and
expense and to carry out further performance tests in accordance
with SCC Clause 2 OR
b pay liquidated damages to the Purchaser with respect to the
failure to meet the contractual guarantees The rate of these
liquidated damages shall be as specified in the Technical
Specifications
143 If the Bidder having been notified fails to remedy the defect(s)
within 15 days the Purchaser may proceed to take such remedial
action as may be necessary at the Bidderrsquos risk and expense and
without prejudice to any other rights which the Purchaser may have
against the Bidder under the Contract
15 Payment
151 The method and conditions of payment to be made to the
Bidder under this Contract shall be specified in the SCC
152 The Bidderrsquos request(s) for payment shall be made to the
Purchaser in writing accompanied by an invoice describing as
appropriate the Goods delivered and the Services performed and by
documents submitted pursuant to GCC Clause 9 and upon fulfillment
of other obligations stipulated in the contract
153 Payments shall be made promptly by the Purchaser but in no
case later than thirty (30) days after submission of the invoice or
claim by the Bidder
28
154 Payment shall be made in Indian Rupees
16 Prices
161 Prices payable to the Bidder as stated in the contract shall be
firm during the performance of the contract
17 Change Orders
171 The Purchaser may at any time by written order given to the
Bidder pursuant to GCC Clause 31 make changes within the general
scope of the Contract in any one or more of the following
a drawings designs or specifications where Goods to be
furnished under the Contract are to be specifically manufactured for
the Purchaser
b the Services to be provided by the Bidder
172 If any such change causes an increase or decrease in the cost of
or the time required for the Bidderrsquos performance of any provisions
under the Contract an equitable adjustment shall be made in the
Contract Price or delivery schedule or both and the Contract shall
accordingly be amended Any claims by the Bidder for adjustment
under this clause must be asserted within thirty (30) days from the
date of the Bidderrsquos receipt of the Purchasers change order
18 Contract Amendments
181 Subject to GCC Clause 17 no variation in or modification of the
terms of the Contract shall be made except by written amendment
signed by the parties
19 Assignment
191 The Bidder shall not assign in whole or in part its obligations
to perform under the Contract except with the Purchasers prior
written consent
20 Subcontracts
201 Any subcontracting work should be done after confirmation of
the same from the AMC
21 Delays in the Bidderrsquos Performance
29
211 Delivery of the Goods and performance of the Services shall be
made by the Bidder in accordance with the time schedule specified
by the Purchaser in the Schedule of Requirements
212 If at any time during performance of the Contract the Bidder or
its sub-contractor(s) should encounter conditions impeding timely
delivery of the Goods and performance of Services the Bidder shall
promptly notify the Purchaser in writing of the fact of the delay its
likely duration and its cause(s) As soon as practicable after receipt of
the Bidderrsquos notice the Purchaser shall evaluate the situation and
may at its discretion extend the Bidderrsquos time for performance with
or without liquidated damages in which case the extension shall be
ratified by the parties by amendment of the Contract
213 Except as provided under GCC Clause 24 a delay by the Bidder
in the performance of its delivery obligations shall render the Bidder
liable to the imposition of liquidated damages pursuant to GCC
Clause 22 unless an extension of time is agreed upon pursuant to
GCC Clause 212 without the application of liquidated damages
22 Liquidated Damages
221 Subject to GCC Clause 24 if the Bidder fails to deliver any or all
of the Goods or to perform the Services within the period(s) specified
in the Contract the Purchaser shall without prejudice to its other
remedies under the Contract deduct from the Contract Price as
liquidated damages a sum equivalent to 2 of the delivered price of
the delayed Goods or unperformed Services for each week or part
thereof of delay until actual delivery or performance up to a
maximum deduction of 10 of the Contract Price Once the
maximum is reached the Purchaser may consider termination of the
Contract pursuant to GCC Clause 23 Liquidated Damages is applicable
only up to commission and trial run period and not applicable to AMC
phase of the Contract
23 Termination for Default
30
231 The Purchaser may without prejudice to any other remedy for
breach of contract by written notice of default sent to the Bidder
terminate the Contract in whole or part
a if the Bidder fails to deliver any or all of the Goods within the
period(s) specified in the Contract or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 21 or
b if the Bidder fails to perform any other obligation(s) under the
Contract
c If the Bidder in the judgement of the Purchaser has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract
For the purpose of this Clause
ldquoCorrupt practicerdquo means the offering giving receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution
ldquofraudulent practicerdquo means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition
232 In the event the Purchaser terminates the Contract in whole or
in part pursuant to GCC Clause 231 the Purchaser may procure
upon such terms and in such manner as it deems appropriate Goods
or Services similar to those undelivered and the Bidder shall be
liable to the Purchaser for any excess costs for such similar Goods or
Services However the Bidder shall continue the performance of the
Contract to the extent not terminated
24 Force Majeure
241 Not with standing the provisions of GCC Clauses 21 22 23 the
Bidder shall not be liable for forfeiture of its performance security
liquidated damages or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
BIOMETHANATION PLANT
vi
The EMD applicable amount shall be paid via Online mode onlyIn case of EMD
exemptionvalid EMD Exemption Certificate
Note
Realisation of NEFTRTGS payment normally takes 2 to 24 hours so it is advised to make
sure that NEFTRTGS payment activity should be completed well before time
NEFTRTGS option will be depend on the amount of EMD
Help File regarding use of ePayment Gateway can be downloaded from eTendering portal
C) Terms and Conditions For Online-Payments
The Terms and Conditions contained herein shall apply to any person (ldquoUserrdquo) using the
services of hereinafter referred to as ldquoMerchantrdquo for making Tender fee and Earnest Money
Deposit(EMD) payments through an online Payment Gateway Service (ldquoServicerdquo) offered by
ICICI Bank Ltd in association with E Tendering Service provider and Payment Gateway
Service provider through Each User is therefore deemed to have read and accepted these
Terms and Conditions
Privacy Policy The Merchant respects and protects the privacy of the individuals that access the information and use the services provided through them Individually identifiable information about the User is not willfully disclosed to any third party without first receiving the Users permission as covered in this Privacy Policy This Privacy Policy describes Merchantrsquos treatment of personally identifiable information that Merchant collects when the User is on the Merchantrsquos website The Merchant does not collect any unique information about the User (such as Users name email address age gender etc) except when you specifically and knowingly provide such information on the Website Like any business interested in offering the highest quality of service to clients Merchant may from time to time send email to the User and other communication to tell the User about the various services features functionality and content offered by Merchants website or seek voluntary information fromThe User Please be aware however that Merchant will release specific personal information about the User if required to do so in the following cirumstances
in order to comply with any valid legal process such as a search warrant statute or
court order or available at time of opening the tender
if any of Userrsquos actions on our website violate the Terms of Service or any of our guidelines for specific services or
to protect or defend Merchantrsquos legal rights or property the Merchantrsquos site or the Users of
the site or
to investigate prevent or take action regarding illegal activities suspected fraud situations involving potential threats to the security integrity of Merchantrsquos websiteofferings
General Terms and Conditions For E-Payment
Once a User has accepted these Terms and Conditions he she may register on Merchantrsquos
website and avail the Services
Merchants rights obligations undertakings shall be subject to the laws in force in India as
BIOMETHANATION PLANT
vii
well as any directives procedures of Government of India and nothing contained in these Terms and Conditions shall be in derogation of Merchants right to comply with any law enforcement agencies request or requirements relating to any Userrsquos use of the website or information provided to or gathered by Merchant with respect to such use Each User accepts and agrees that the provision of details of his her use of the Website to regulators or police or to any other third party in order to resolve disputes or complaints which relate to the Website shall be at the absolute discretion of Merchant
If any part of these Terms and Conditions are determined to be invalid or unenforceable
pursuant to applicable law including but not limited to the warranty disclaimers and liability limitations set forth herein then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect
These Terms and Conditions constitute the entire agreement between the User and
Merchant These Terms and Conditions supersede all prior or contemporaneous communications and proposals whether electronic oral or written between the User and Merchant A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form
The entries in the books of Merchant andor the Payment Gateway Service Providers kept in
the ordinary course of business of Merchant andor the Payment Gateway Service Providers with regard to transactions covered under these Terms and Conditions and matters therein appearing shall be binding on the User and shall be conclusive proof of the genuineness and accuracy of the transaction
Refund For Charge Back Transaction In the event there is any claim for of charge back
by the User for any reason whatsoever such User shall immediately approach Merchant with his her claim details and claim refund from Merchant alone Such refund (if any) shall be effected only by Merchant via payment gateway or by means of a demand draft or such other means as Merchant deems appropriate No claims for refund charge back shall be made by any User to the Payment Gateway Service Provider(s) and in the event such claim is made it shall not be entertained
In these Terms and Conditions the term ldquoCharge Backrdquo shall mean approved and settled
credit card or net banking purchase transaction(s) which are at any time refused debited or charged back to merchant account (and shall also include similar debits to Payment Gateway Service Providers accounts if any) by the acquiring bank or credit card company for any reason whatsoever together with the bank fees penalties and other charges incidental thereto
Refund for fraudulentduplicate transaction(s) The User shall directly contact Merchant for any fraudulent transaction(s) on account of misuse of Card Bank details by a fraudulent individualparty and such issues shall be suitably addressed by Merchant alone in line with their policies and rules
Server Slow DownSession Timeout In case the Website or Payment Gateway Service
Providerrsquos webpage that is linked to the Website is experiencing any server related issues like lsquoslow downrsquo or lsquofailurersquo or lsquosession timeoutrsquo the User shall before initiating the second payment check whether hisher Bank Account has been debited or not and accordingly resort to one of the following options
i In case the Bank Account appears to be debited ensure that he she does not make the payment twice and immediately thereafter contact Merchant via e-mail or any other mode of contact as provided by Merchant to confirm payment
BIOMETHANATION PLANT
viii
ii In case the Bank Account is not debited the User may initiate a fresh transaction to make payment However the User agrees that under no circumstances the Payment Gateway Service Provider shall be held responsible for such fraudulentduplicate transactions and hence no claims should be raised to Payment Gateway Service Provider No communication received by the Payment Gateway Service Provider(s) in this regard shall be entertained by the Payment Gateway Service Provider
Limitation of Liability
Merchant has made this Service available to the User as a matter of convenience Merchant
expressly disclaims any claim or liability arising out of the provision of this Service The User agrees and acknowledges that he she shall be solely responsible for his her conduct and that Merchant reserves the right to terminate the rights to use of the Service immediately without giving any prior notice thereof
Merchant andor the Payment Gateway Service Providers shall not be liable for any
inaccuracy error or delay in or omission of (a) any data information or message or (b) the transmission or delivery of any such data information or message or (c) any loss or damage arising from or occasioned by any such inaccuracy error delay or omission non-performance or interruption in any such data information or message Under no circumstances shall the Merchant andor the Payment Gateway Service Providers its employees directors and its third party agents involved in processing delivering or managing the Services be liable for any direct indirect incidental special or consequential damages or any damages whatsoever including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Services
The Merchant and the Payment Gateway Service Provider(s) assume no liability whatsoever
for any monetary or other damage suffered by the User on account of
(I) the delay failure interruption or corruption of any data or other information transmitted in connection with use of the Payment Gateway or Services in connection thereto and or
(ii) any interruption or errors in the operation of the Payment Gateway
The User shall indemnify and hold harmless the Payment Gateway Service Provider(s) and Merchant and their respective officers directors agents and employees from any claim or demand or actions arising out of or in connection with the utilization of the Services
The User agrees that Merchant or any of its employees will not be held liable by the User for any loss or damages arising from your use of or reliance upon the information contained on the Website or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond Merchantrsquos reasonable control
Miscellaneous Conditions
1 Any waiver of any rights available to Merchant under these Terms and Conditions shall not mean that those rights are automatically waived
2 The User agrees understands and confirms that his her personal data including without limitation details relating to debit card credit card transmitted over the Internet may be susceptible to misuse hacking theft and or fraud and that Merchant or the Payment Gateway Service Provider(s) have no control over such matters
3 Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the User Merchant does not represent or guarantee that the
BIOMETHANATION PLANT
ix
use of the Services provided by through it will not result in theft andor unauthorized use of data over the Internet
4 The Merchant the Payment Gateway Service Provider(s) and its affiliates and associates shall not be liable at any time for any failure of performance error omission interruption deletion defect delay in operation or transmission computer virus communications line failure theft or destruction or unauthorized access to alteration of or use of information contained on the Website
5 The User may be required to create his her own User ID and Password in order to register and or use the Services provided by Merchant on the Website By accepting these Terms and Conditions the User agrees that his her User ID and Password are very important pieces of information and it shall be the Userrsquos own responsibility to keep them secure and confidential In furtherance hereof the User agrees to
Choose a new password whenever required for security reasons Keep his her User ID amp Password strictly confidential Be responsible for any transactions made by User under such User ID and Password
The User is hereby informed that Merchant will never ask the User for the Userrsquos password in an unsolicited phone call or in an unsolicited email The User is hereby required to sign out of his her Merchant account on the Website and close the web browser window when the transaction(s) have been completed This is to ensure that others cannot access the Userrsquos personal information and correspondence when the User happens to share a computer with someone else or is using a computer in a public place like a library or Internet cafeacute
DebitCredit Card Bank Account Details
The User agrees that the debitcredit card details provided by him her for use of the aforesaid Service(s) must be correct and accurate and that the User shall not use a debit credit card that is not lawfully owned by him her or the use of which is not authorized by the lawful owner thereof The User further agrees and undertakes to provide correct and valid debitcredit card details
The User may make his her payment(Tender FeeEarnest Money deposit) to Merchant by using a debitcredit card or through online banking account The User warrants agrees and confirms that when he she initiates a payment transaction andor issues an online payment instruction and provides his her card bank details
The User is fully and lawfully entitled to use such credit debit card bank account for such transactions
The User is responsible to ensure that the card bank account details provided by
him her are accurate The User is authorizing debit of the nominated card bank account for the payment of
Tender Fee and Earnest Money Deposit The User is responsible to ensure sufficient credit is available on the nominated card
bank account at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by the User inclusive of the applicable Fee
Personal Information
The User agrees that to the extent required or permitted by law Merchant and or the Payment Gateway Service Provider(s) may also collect use and disclose personal information in connection with security related or law enforcement investigations or in the course of cooperating with authorities or complying with legal requirements
BIOMETHANATION PLANT
x
The User agrees that any communication sent by the User vide e-mail shall imply release of
information therein therewith to Merchant The User agrees to be contacted via e-mail on such mails initiated by him her
In addition to the information already in the possession of Merchant and or the Payment Gateway Service Provider(s) Merchant may have collected similar information from the User in the past By entering the Website the User consents to the terms of Merchantrsquos information privacy policy and to our continued use of previously collected information By submitting the Userrsquos personal information to us the User will be treated as having given hisher permission for the processing of the Userrsquos personal data as set out herein
The User acknowledges and agrees that his her information will be managed in accordance with the laws for the time in force
Payment Gateway Disclaimer
The Service is provided in order to facilitate payment of Tender FeesEarnest Money Deposit online The Merchant or the Payment Gateway Service Provider(s) do not make any representation of any kind express or implied as to the operation of the Payment Gateway other than what is specified in the Website for this purpose By accepting agreeing to these Terms and Conditions the User expressly agrees that his her use of the aforesaid online payment service is entirely at own risk and responsibility of the User
The EMD if applicable will be paid via online mode or if exemption certificate is available then
valid certificate of exemption from payment of earnest money should be Scanned from
original copy Additional (Performance) Security (if Required) (copy to be Submitted as per
the tender Schedule)
After Tender opening the EMD of the unsucessfull bidder will be returned to account provided by the
bidder during the bid prepration as given in challan under Beneficiary Account Number
BIOMETHANATION PLANT
xi
Ahmednagar Municipal Corporation
TENDER FOR
ldquo DESIGN SUPPLY INSTALLATION ERECTION COMMISSIONING OF BIOMETHANATION
PLANT OF 5 TPD CAPACITY EACH X 2 NOS AND OPERATION amp MAINTENANCE FOR 1
YEAR AT BURUDGAON DEPO AHMEDNAGARrdquo
BIOMETHANATION PLANT
xii
Table of Contents
SECTION I INVITATION FOR TENDERS (IFT)
SECTION II INSTRUCTION TO TENDERERS
A Introduction
1 Eligible Tenderers
2 Cost of Tendering
B The Tender Documents
3 Contents of Tender Documents
4 Clarification of Tender Documents
5 Amendment of Tender Documents (l)
C Preparation of Tenders
6 Language of Tender
7 Documents Constituting the Tender
8 Tender Form
9 Tender Prices
10 Tender Currency
11 Documents Establishing Tenderers Eligibility and Qualifications
12 Documents Establishing Goods Eligibility and Conformity to Tender
Documents
13 Earnest Money Deposit
14 Period of Validity of Tenders
15 Format and Signing of Tender
D Submission of Bids
16 Bidding through E-Tendering System
17 Deadline for Submission of the Bids
18 Late Bids
19 Modification and Withdrawal of Bids
E Tender Opening and Evaluation of Tenders
20 Opening of Tenders by the Purchaser
21 Clarification of Tenders
23 Evaluation and Comparison of Tenders
24 Contacting the Purchaser
F Award of Contract
25 Post qualification
26 Award Criteria
27 Right to vary Quantities
BIOMETHANATION PLANT
xiii
28 Purchasers Right to Accept Any Tender and to Reject Any or All Tenders
29 Notification of Award
30 Signing of Contract
31 Performance Security
32 Corrupt or Fraudulent Practices
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information Inspection and Audit by the
Government
5 Patent Rights
6 Performance Security
7 Inspections and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in the Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
BIOMETHANATION PLANT
xiv
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
SECTION IV SPECIAL CONDITIONS OF CONTRACT
Special Conditions of Contract
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (Clause 27)
7 Notices (Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligations
12 Patent Rights
SECTION V SCHEDULE OF REQUIREMENTS
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
Annexure-1- Plant proposed
Annexure- 2 Other conditions
SECTION VII QUALIFICATION CRITERIA
SECTION VIII TENDER FORM
SECTION IX PRICE SCHEDULE FORMAT
SECTION X CONTRACT FORM
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
SECTION XII-Proforma for Performance Statement of Bidder
1
SECTION I INVITATION FOR TENDERS (IFT)
Date
No
The Ahmednagar Municipal Corporation (AMC) invites tenders from eligible tenderers for ldquoDesign supply installation erection
commissioning of Two Biomethanation plant of 5 TPD each
capacity with operation amp maintenance for 1 YEAR at Burudgaon
Depo Ahmednagarrdquo (place may be chamged as per necessory)
1 The tenderers shall submit tender for all the works under this
contract Part bidding of tender is not allowed
2 The Tender document is available online from e-portal and
bids are to be submitted online through the e-procurement portal
httpamcmaharashtraetendersin Bids submitted manually will
not be accepted One can view and download the tenders published
currently by logging on to httpamcmaharashtraetendersin
For submission of the bids the bidders are required to have Digital
Signature Certificate (DSC) from one of the authorized Certifying
Authorities as detailed in the website
31 Aspiring bidders who have not obtained the User ID and
Password for participating in e-tendering may obtain the same by
registering in the website The contractors once registered can
participate in any of the department tenders
32 The bidding is a single stage two cover system ie- two cover
system (First Cover (Technical) and Second Cover (Financial)) and
Operator to be selected on Least Cost Selection (LCS)
3 Bidders are required to pay online the tender processing fee as
detailed in the website
Note (The non-refundable Tender processing fee details is available
on the e-procurement website)
4 A Pre-bid Meeting will be held at the Office of ldquoCommissioner
Ahmednagar Municipal Corporationrdquo to clarify the issues and to
2
answer questions on any matter that may be raised at that stage as
stated in Clause 92 of lsquoInstructions to Biddersrsquo of the bidding
document
5 The last Date and time for receipt of bids through the e-
tendering portal httpamcmaharashtraetendersin and will be
opened as per e-portal from the last date and time of receipt of bids
If the office happens to be closed on the date of opening of the bids as
specified the bids will be opened on the next working day at the
same time and venue
6 Other details can be seen in the bidding documents
Note
The Employer shall not be held liable for any delays due to system
failure beyond its control Even though the system will attempt to
notify the bidders of any bid updates The Employer shall not be
liable for any information not received by the bidder It is the
biddersrsquo responsibility to verify the website for the latest information
related to the tender The bidder is required to ensure browser
compatibility of the computer well in advance to the last date and
time for receipt of the tenders The department shall not be
responsible for non-accessibility of e-procurement portal due to
internet connectivity issues and technical glitches
3
SECTION II INSTRUCTION TO TENDERERS
A Introduction
1 Eligible Tenderers
11 The tender is open to all bidders who satisfy the qualification
criteria
12 The tenderer should be a registered legal entity Joint ventures
are allowed
13 Tenderers should not be associated or have been associated in
the past directly or indirectly with a firm or any of its affiliates
which have been engaged by the Purchaser to provide consulting
services for the preparation of the design specifications and other
documents to be used for the procurement of the goods to be
purchased under this Invitation of Tenders
14 Tenderers shall not be under a declaration of ineligibility for
corrupt and fraudulent practices issued by Government of
Maharashtra or India
2 Cost of Tendering
21 The Tenderer shall bear all costs associated with the
preparation and submission of its tender and AMC hereinafter
referred to as the Purchaser will in no case be responsible or liable
for these costs regardless of the conduct or outcome of the tender
process
B The Tender Documents
3 Contents of Tender Documents
31 The goods required tendering procedures and contract terms
are prescribed in the tender documents In addition to the Invitation
for Tenders the tender documents include
a Instruction to Tenderers (ITT)
b General Conditions of Contract (GCC)
c Special Conditions of Contract (SCC)
d Schedule of Requirements
4
e Technical Specifications
f Tender Form and Price Schedules
g Earnest Money Deposit Form
h Contract Form
i Performance Security Form
j Performance Statement Form
32 The Tenderer is expected to examine all instructions forms
terms and specifications in the tender documents Failure to furnish
all information required by the tender documents or submission of a
tender not substantially responsive to the tender documents in every
respect will be at the Tendererrsquos risk and may result in rejection of its
tender
4 Clarification of Tender Documents
41 The electronic bidding system provides for online
clarifications A prospective tenderer requiring any clarification may
notify online the authority inviting the bid The authority-inviting bid
will respond to any request(s) for clarification received in writing up
to pre-bid meeting Description of clarification sought and the
response of the authority inviting the bid will be uploaded for
information of the public or other bidders without identifying the
source of request for clarification
The Tenderer or his official representative is invited to attend a pre-
bid meeting which will take place at the office of the ldquoCommissioner
Ahmednagar Municipal Corporationrdquo
42 The purpose of the meeting will be to clarify issues and to
answer questions on any matter that may be raised at that stage
43 The Tenderer is requested to submit any questions in written
addressed to the commissioner Ahmednagar Municipal Corporation
not later than day of pre-bid meeting
44 Minutes of the meeting including the text of the questions
raised (without identifying the source of enquiry) and the responses
given will be uploaded on the website
httpamcmaharashtraetendersin Any modification of the
5
bidding documents which may become necessary as a result of the
pre-bid meeting shall be made by the Purchaser exclusively through
the issue of an Addendum in pursuant to Clause 5 of IT Band
45 Non-attendance at the pre-bid meeting will not be a cause for
disqualification of a bidder
5 Amendment of Tender Documents (l)
51 At any time prior to the deadline for submission of tenders the
Purchaser may for any reason whether at its own initiative or in
response to a clarification requested by a prospective tenderer
modify the tender documents by amendment
52 The addendum will appear on the web page of the website
httpamcmaharashtraetendersin
53 In order to allow prospective tenderers reasonable time in
which to take the amendment into account in preparing their
tenders the Purchaser at its discretion may extend the deadline for
the submission of tenders
C Preparation of Tenders
6 Language of Tender
61 The tender prepared by the Tenderer as well as all
correspondence and documents relating to the tender exchanged by
the Tenderer and the Purchaser shall be written in English language
Supporting documents and printed literature furnished by the
Tenderer may be in another language provided they are
accompanied by an accurate translation of the relevant passages in
the English language in which case for purposes of interpretation of
the Tender the translation shall govern
7 Documents Constituting the Tender
a Technical Cover
The bidding is a single stage two cover system (First Cover
(Technical) and Second Cover (Financial)) and Successful Bidder to
be selected on Least Cost Selection (LCS) The bidder shall attach the
detailed technical specification of the machines proposed by him in
6
the technical bid The bidder shall attach the flow chart and detailed
proposed Biomethnation plant in the technical bid
The technical proposal will be evaluated and the proposal which are
found technically sound and satisfy other eligibility criteria shall be
called for presentation before the committee If committee finds the
offer technically viable the bidder shall be technically qualified
71 While preparing the Technical Tender Operator is expected to
examine the documents comprising this bid document Material
deficiencies in providing the information requested may result in
rejection of a tender The tender prepared by the Tenderer shall
comprise the following components
a) Documentary evidence established in accordance with ITT
Clause 11 that the Tenderer is eligible to tender and is qualified to
perform the contract if its tender is accepted
b) Documentary evidence established in accordance with ITT
Clause 12 that the goods and ancillary services to be supplied by the
Tenderer are eligible goods and services and conform to the tender
documents and
c) Earnest money deposit furnished in accordance with ITT
Clause 13
8 Tender Form
81 The Tenderer shall complete the Tender Form and the Price
Schedule furnished in the tender documents indicating the goods to
be supplied a brief description of the Design Supply Installation
Erection commissioning and Operation amp Maintenance of Municipal
Solid Waste Treatment Equipmentrsquos and Machineries their country of
origin quantity and prices
b Financial Cover
9 Tender Prices
91 The Tenderer shall indicate on the Price Schedule of the unit
prices and total tender prices of the Design supply installation
7
erection commissioning of Two Biomethanation plant of 5 TPD each
capacity with operation amp maintenance for 1 YEAR at Burudgaon
Depo Ahmednagar
92 Tenderers shall quote for the complete requirement of
processing machinery with vehicles goods and services specified
under single responsibility basis The least bidder shall be awarded
the work
93 Prices indicated on the Price Schedule shall be inclusive of the
following
(i) The price of the goods and services quoted (proposed
Biomethanation Plant including Design Supply Installation erection
commissioning and Operation amp Maintenance as applicable) shall
include all duties and sales and other taxes already paid or payable
by the tenderer
(ii) Any duties sales and other taxes which will be payable on the
goods shall be borne by the contractor if this Contract is awarded
(iii) The price for inland transportation insurance and other local
costs incidental to delivery of the goods to their final destination and
(iv) Cost towards erection and commissioning at site including
foundation
94 Prices quoted by the Tenderer shall be fixed during the
Tendererrsquos performance of the Contract and not subject to variation
on any account A tender submitted with an adjustable price
quotation will be treated as non- responsive and rejected pursuant
to ITT Clause 22
10 Tender Currency
101 Prices shall be quoted in Indian Rupees
11 Documents Establishing Tenderers Eligibility and
Qualifications
111 Pursuant to ITT Clause 7 the Tenderer shall furnish as part of
its Tender documents establishing the Tendererrsquos eligibility to
8
tender and its qualifications to perform the Contract if its tender is
accepted
112 The documentary evidence of the Tenderers qualifications to
perform the Contract if its tender is accepted shall establish to the
Purchasers satisfaction
a) That the average financial turnover of the bidder is 1 crore
in last 3 financial years
b) That The tenderer must have experience of Supply
installation and Commissioning of at least one Bio methanation
plant of 5 TPD capacity in India within last 1 years
Or
b) The bidder must have technology transfer agreement with
BARC (Bhabha Atomic Research Center ) for Biomethanation
plant
Bidder are required to submit Work order copies and
ExecutionCompletion Certificate Technology Transfer Certificate
from BARC AMC may call for original certificates for verification
12 Documents Establishing Goods Eligibility and Conformity
to Tender Documents
121 Pursuant to ITB Clause 7 the Tenderer shall furnish as part of
its tender documents establishing the eligibility and conformity to
the tender documents of all goods and services which the tenderer
proposes to supply under the contract
122 The documentary evidence of conformity of the goods and
services to the tender documents may be in the form of literature
drawings and data and shall consist of
a) a detailed description of the proposed essential technical and
performance characteristics of the goods and machines
b) a list giving full particulars including available sources and
current prices of spare parts special tools etc necessary for the
9
proper and continuing functioning of the goods for a period of one
years following commencement of the use of the goods by the
Purchaser and
c) an item-by-item commentary on the Purchasers Technical
Specifications demonstrating substantial responsiveness of the goods
and services to those specifications or a statement of deviations and
exceptions to the provisions of the Technical Specifications
123 For purposes of the commentary to be furnished pursuant to
ITT Clause 122(c) above the Tenderer shall note that standards for
workmanship material and equipment and references to brand
names or catalogue numbers designated by the Purchaser in its
Technical Specifications are intended to be descriptive only and not
restrictive The Tenderer may substitute alternative standards brand
names andor catalogue numbers in its tender provided that it
demonstrates to the Purchasers satisfaction that the substitutions
ensure substantial equivalence to those designated in the Technical
Specifications
13 Earnest Money Deposit
131 Pursuant to ITT Clause 7 the Tenderer shall furnish as part of
its tender earnest money deposit in the amount as specified in
Section-V - Schedule of Requirements
132 The earnest money deposit is required to protect the Purchaser
against the risk of Tenderers conduct which would warrant the
securitys forfeiture pursuant to ITB Clause 137
133 The earnest money deposit shall be denominated in Indian
Rupees and shall be paid online only on the portal
134 Any tender not secured in accordance with ITT Clauses 131
and the Purchaser as non-responsive pursuant to ITT Clause 22 will
reject 133 above
135 Unsuccessful Tenderers earnest money deposit will be
dischargedreturned as promptly as possible but not later than 30
days after the expiration of the period of tender validity prescribed
by the Purchaser pursuant to ITT Clause 14
10
136 The successful Tenderers earnest money deposit will be
discharged upon the Tenderer signing the Contract pursuant to ITT
Clause 30 and furnishing the performance security pursuant to ITB
Clause 31
137 The tender security may be forfeited
(a) if a Tenderer (i) withdraws its tender during the period of
tender validity specified by the Tenderer on the Tender Form or (ii)
does not accept the correction of errors pursuant to ITT Clause 222
or
(b) in case of a successful Tenderer if the Tenderer fails (i) to sign
the Contract in accordance with ITT Clause 30 or (ii) to furnish
performance security in accordance with ITT Clause 31
14 Period of Validity of Tenders
141 Tenders shall remain valid for 120 days after the deadline for
submission of tenders prescribed by the Purchaser pursuant to ITT
Clause 17 A tender valid for a shorter period shall be rejected by the
Purchaser as non-responsive
142 In exceptional circumstances the Purchaser may solicit the
Tenderers consent to an extension of the period of validity The
request and the responses thereto shall be made in writing (or by
cable or telex or fax) The earnest money deposit provided under ITT
Clause 13 shall also be suitably extended A Tenderer may refuse the
request without forfeiting its earnest money deposit A Tenderer
granting the request will not be required nor permitted to modify its
tender
15 Format and Signing of Tender
151 Bidders shall submit offers that comply with the requirements
of the bidding documents including the basic technical design as
indicated in the drawing and specifications Alternatives will not be
considered
11
D Submission of Bids
16 Bidding through E-Tendering System
161 The tendering under this contract is electronic bid submission
through website httpamcmaharashtraetendersin Detailed
guidelines for viewing bids and submission of online bids are given
on the website The Invitation for Tenders is published on this
website Any citizen or prospective tenderer can logon to this
website and view the Invitation for Tenders and can view the details
of works for which bids are invited The prospective tenderer can
submit tenders online however the bidder is required to have
enrolmentregistration in the website and should have valid Digital
Signature Certificate (DSC) The DSC can be obtained from any
authorized certifying agencies The tenderer should register in the
web site httpamcmaharashtraetendersin After this the
tenderer can login the site through the secured login Bidders are
requested to go through the bid documents carefully and submit the
required information without exception otherwise bids will be
rejected
162 The completed tender should be uploaded on the website
given above through e-tendering along with scanned copies of
requisite certificates as are mentioned in different sections in the
bidding document and scanned copy of the Bid Security No financial
quote shall be uploaded as part of the Technical Bid
163 The bidder shall submit online the requirements under
qualification criteria and Technical and Financial parts The contents
of the Post Qualification and Technical and Financial bid shall be as
specified in ITT After electronic on line bid submission the system
generates a unique bid reference number which is time stamped
This shall be treated as acknowledgement of bid submission
17 Deadline for Submission of the Bids
171 Bids must be received by the Employer online not later than
the due date as specified in the online portal
172 The Employer may extend the deadline for submission of bids
by issuing an amendment in accordance with Clause 5 in which case
12
all rights and obligations of the Employer and the bidders previously
subject to the original deadline will then be subject to the new
deadline
18 Late Bids
181 The electronic bidding system would not allow any late
submission of bids after due date and time as per server time
19 Modification and Withdrawal of Bids
191 Tenderers may modify their bids online before the deadline
prescribed in Clause 17 for bid modification and consequential re-
submission
192 No tenders may be modified after the deadline for submission
of Bids
193 Withdrawal or modification of a tender between the deadline
for submission of tender and the expiration of the original period of
bid validity specified in Clause 141 above or as extended pursuant to
Clause 142 is not allowed in the e-procurement system If a tenderer
does the same through any other medium then it may result in the
forfeiture of the Tender security pursuant to Clause 137
E Tender Opening and Evaluation of Tenders
20 Opening of Tenders by the Purchaser
201 The Purchaser will open all the Technical Cover in the
presence of Tenderersrsquo representatives who choose to attend as per
e-portal
The Tendererrsquos representatives who are present shall sign a register
evidencing their attendance In the event of the specified date of
Tender opening being declared a holiday for the Purchaser the
tenders shall be opened at the appointed time and location on the
next working day
202 The Tendererrsquos names tender modifications or withdrawals
tender prices discounts and the presence or absence of requisite
tender security and such other details as the Purchaser at its
discretion may consider appropriate will be announced at the
opening No tender shall be rejected at tender opening except for late
13
tenders which shall be returned unopened to the Tenderer pursuant
to ITT Clause 18
203 Tenders (and modifications sent pursuant to ITT Clause 192)
that are not opened and read out at tender opening shall not be
considered further for evaluation irrespective of the circumstances
204 The Purchaser will prepare minutes of the tender opening The
Financial Bid of the successful bidders only will be opened after
completion of technical bid evaluation
21 Clarification of Tenders
During evaluation of tenders the Purchaser may at its discretion ask
the Tenderer for a clarification of its tender The request for
clarification and the response shall be in writing and no change in
prices or substance of the tender shall be sought offered or
permitted
22 Preliminary Examination
221 The Purchaser will examine the technical bid to determine
whether they are complete whether required sureties have been
furnished and whether the tenders are generally in order
2211 The evaluation committee appointed by the Employer as
a whole and each of its members individually will evaluate the
Technical Bids on the basis of their responsiveness to the ITB A Bid
shall be rejected at this stage if it does not respond to important
aspects of the Bid Document
222 After the evaluation of technical Bid is completed the
Purchaser shall notify those bidders whose Bids meet the
qualification criteria as detailed in Section VII or were considered
responsive to the bid document indicating that the presentation has
to be made by their company After presentation by the company the
committee members or the person authorized by the commissioner
may visit the plant established by the bidder The bidder to whom the
committee is satisfied with the documents and the presentation and
the site visit if required will be informed as technically qualified
bidders
14
223 The financial bid opening date shall not be informed to the
technically disqualified bidders
2231 The Financial Cover shall be opened publicly in the
presence of the bidders representatives who choose to attend The
bid opening shall be online only
2232 The evaluation committee will determine whether the
Financial Bids are complete correct any computational errors
Arithmetical errors will be rectified on the following basis If there is
a discrepancy between the unit price and the total price that is
obtained by multiplying the unit price and quantity the unit price
shall prevail and the total price shall be corrected If there is a
discrepancy between words and figures the lower of the two will
prevail If the Bidder does not accept the correction of errors its
tender will be rejected and its tender security may be forfeited
2233 All necessary civil work and other related works for
Biomethanation plant is to be done by the successful bidder AMC
shall provide the land road upto the plant site electric connection
upto the plant site AMC shall provide approximately 5 TPD non-veg
organic waste and 5 TPD organic (Veg) waste as feed for each
seperate plant
2234 During the contract period and always the processing
plant machines land and civil works shall be the property of AMC At
the time of handover of the plant to AMC the contractor shall
handover the plant in good running condition If it is found that the
plant is inoperative or needs any repairs and maintenance the
contractor should either repair it to satisfaction of the AMC or if AMC
get it done by its own resources the amount shall be deducted from
the performance security deposit submitted by the contractor
2235 This biding is called for Burudgaon Depo location The
selection procedure of the successful bidder shall be as under
a Whereas successful bidder shall be the bidder quoting lowest for
the Supply Installation Erection commissioning and Operation amp
Maintenance of Municipal Solid Waste Treatment Equipmentrsquos and
Machineries (L-1)
15
b The cost of the MSW Plant and allied accessories for operation
of the plant quoted by the bidder shall be paid by the AMC as per the
payment schedule given in the tender document The value of the
processing plant and allied accessories wit OampM quoted by the
bidder shall be the sole bidding criteria for the tender
c The successful contractor shall not be paid any kind tipping
fees for operating the plant The contractor shall sell the products
(GasElectricitycompostothers) recovered from the processing of
the waste to recover the operation and maintenance cost and the
profits
224 Term of Contract
The term of the contract shall be 1 YEAR and can be renewed for a
similar term if the performance of the contractor is satisfactory
225 Scope of Work
The scope of the work shall be processing of the 5 + 5 TPD waste for
each site (two sites)received at site The rejects from the processing
should not be more than 15 of the total waste The rejects shall be
kept at one side of the site from where the CampT contractor shall lift
the waste and transport it to landfill site
226 Prior to the detailed evaluation pursuant to ITB Clause 23 the
Purchaser will determine the substantial responsiveness of each
tender to the tender documents For purposes of these Clauses a
substantially responsive tender is one which conforms to all the
terms and conditions of the tender documents without material
deviations Deviations from or objections or reservations to critical
provisions such as those concerning Performance Security (GCC
Clause 6) Warranty (GCC Clause 14) Force Majeure (GCC Clause 24)
Limitation of liability (GCC Clause 28) Applicable law (GCC Clause
30) and Taxes amp Duties (GCC Clause 32) will be deemed to be a
material deviation The Purchasers determination of a tenders
responsiveness is to be based on the contents of the tender itself
without recourse to extrinsic evidence
16
227 If a tender is not substantially responsive it will be rejected by
the Purchaser and may not subsequently be made responsive by the
Tenderer by correction of the non-conformity
23 Evaluation and Comparison of Tenders
231 The Purchaser will evaluate and compare the tenders which
have been determined to be substantially responsive pursuant to ITT
Clause 22 for each schedule separately No tender will be considered
if the complete requirements covered in the schedule is not included
in the tender However as stated in ITT Clause 9 The tenderer shall
quote his final prices taken into account all discounts
24 Contacting the Purchaser
241 Subject to ITT Clause 21 no Tenderer shall contact the
Purchaser on any matter relating to its tender from the time of the
tender opening to the time the Contract is awarded If the tenderer
wishes to bring additional information to the notice of the purchaser
it should do so in writing
242 Any effort by a Tenderer to influence the Purchaser in its
decisions on tender evaluation tender comparison or contract award
may result in rejection of the Tenderers tender
F Award of Contract
25 Post qualification
251 In the absence of prequalification the Purchaser will determine
to its satisfaction whether the Tenderer that is selected as having
submitted the lowest evaluated responsive tender meets the criteria
specified in ITT Clause 112 (b) and is qualified to perform the
contract satisfactorily
252 The determination will take into account the Tenderers
financial technical and production capabilities It will be based upon
an examination of the documentary evidence of the Tenderers
qualifications submitted by the Tenderer pursuant to ITT Clause 11
as well as such other information as the Purchaser deems necessary
and appropriate
26 Award Criteria
17
261 Subject to ITT Clause 28 the Purchaser will award the Contract
to the successful Tenderer whose tender has been determined to be
substantially responsive and has been determined as the lowest
evaluated tender provided further that the Tenderer is determined
to be qualified to perform the Contract satisfactorily
27 Right to vary Quantities
271 The contractor shall have to erect the machines proposed by
him in the technical bid and presentation However during the
contract duration for better performance of the processing plant the
contractor shall be free to add the machines vehicles and civil works
at no cost to AMC The contractor shall not be allowed to sell the
installed machines as AMC has already paid the contractor for the
machines and ownership of the machines always lies with the AMC
28 Purchasers Right to Accept Any Tender and to Reject Any
or All Tenders
281 The Purchaser reserves the right to accept or reject any tender
and to annul the tendering process and reject all tenders at any time
prior to contract award without thereby incurring any liability to the
affected Tenderer or Tendererrsquos
29 Notification of Award
291 Prior to the expiration of the period of tender validity the
Purchaser will notify the successful tenderer in writing by registered
letter or by cabletelex or fax to be confirmed in writing by
registered letter that its tender has been accepted
292 The notification of award will constitute the formation of the
Contract
293 Upon the successful Tenderers furnishing of performance
security pursuant to ITT Clause 31 the Purchaser will promptly
notify the name of the winning Tenderer to each unsuccessful
Tenderer and will discharge its earnest money deposit pursuant to
ITT Clause 13
30 Signing of Contract
18
301 At the same time as the Purchaser notifies the successful
tenderer that its tender has been accepted the Purchaser will send
the Tenderer the Contract Form provided in the tender documents
incorporating all agreements between the parties
302 Within 21 days of receipt of the Contract Form the successful
Tenderer shall sign and date the Contract and return it to the
Purchaser
31 Performance Security
311 Within 21 days of the receipt of notification of award from the
Purchaser the successful Tenderer shall furnish the performance
security of 3 of the cost of the machines and equipments
quoted by him The performance security shall be in form of Bank
guarantee 2 payment shall be deducted from each payment which
will make the total performance security to 5 The performance
security shall be released at the end of the contract period
312 Failure of the successful Tenderer to comply with the
requirement of ITT Clause 302 or ITT Clause 311 shall constitute
sufficient grounds for the annulment of the award and forfeiture of
the earnest money deposit in which event the Purchaser may make
the award to the next lowest evaluated Tenderer or call for new
tenders
32 Corrupt or Fraudulent Practices
321 The Government requires that Tendererrsquos Bidders
Contractors observe the highest standard of ethics during the
procurement and execution of Government financed contracts In
pursuance of this policy the Government
(a) defines for the purposes of this provision the terms set forth
as follows
(i) ldquocorrupt practicerdquo means the offering giving receiving or
soliciting of any thing of value to influence the action of a public
official in the procurement process or in contract execution and
(ii) ldquofraudulent practicerdquo means a misrepresentation of facts in
order to influence a procurement process or the execution of a
contract to the detriment of the Government and includes collusive
19
practice among Tenderers (prior to or after tender submission)
designed to establish tender prices at artificial non-competitive
levels and to deprive the Government of the benefits of free and open
competition
(b) will reject a proposal for award if it determines that the
Tenderer recommended for award has engaged in corrupt or
fraudulent practices in competing for the contract in question
(c) will declare a firm ineligible either indefinitely or for a stated
period of time to be awarded a Government financed contract if it at
any time determines that the firm has engaged in corrupt or
fraudulent practices in competing for or in executing a Government-
financed contract
322 Furthermore Tenderers shall be aware of the provision stated
in sub-clause 44 and sub-clause 231 of the General Conditions of
Contract
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
Clause Number Topic
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information
Inspection and Audit by Government
5 Patent Rights
6 Performance Security
7 Inspection and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
20
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
21
General Conditions of Contract
1 Definitions
11 In this Contract the following terms shall be interpreted as
indicated
a The Contract means the agreement entered into between the
Purchaser and the Bidder as recorded in the Contract Form signed
by the parties including all the attachments and appendices thereto
and all documents incorporated by reference therein
b The Contract Price means the price payable to the Bidder
under the Contract for the full and proper performance of its
contractual obligations
c The Goods means all the equipment machinery andor other
materials which the Bidder is required to supply to the Purchaser
under the Contract
d Services means services ancillary to the supply of the Goods
such as transportation and insurance and any other incidental
services such as installation commissioning provision of technical
assistance training and other obligations of the Bidder covered
under the Contract
e ldquoGCCrdquo means the General Conditions of Contract contained in
this section
f ldquoSCCrdquo means the Special Conditions of Contract
g ldquoThe Purchaserrdquo means the organization purchasing the Goods
as named in SCC
h ldquoThe Purchaserrsquos countryrdquo is the country named in SCC
i ldquoThe Bidderrdquo means the individual or firm supplying the Goods
and Services under this Contract
j ldquoThe Governmentrdquo means the Government of Maharashtra
State
k ldquoThe Project Siterdquo where applicable means the place or places
named in SCC
l ldquoDayrdquo means calendar day
2 Application
22
21 These General Conditions shall apply to the extent that
provisions in other parts of the Contract do not supersede them
3 Standards
31 The Goods and machines supplied under this Contract shall
conform to the standards mentioned in the Technical Specifications
given in the technical bid of the bidder and when no applicable
standard is mentioned to the authoritative standard appropriate to
the Goods country of origin and such standards shall be the latest
issued by the concerned institution
4 Use of Contract Documents and Information Inspection
and Audit by the Government
41 The Bidder shall not without the Purchasers prior written
consent disclose the Contract or any provision thereof or any
specification plan drawing pattern sample or information furnished
by or on behalf of the Purchaser in connection therewith to any
person other than a person employed by the Bidder in performance
of the Contract Disclosure to any such employed person shall be
made in confidence and shall extend only so far as may be necessary
for purposes of such performance
42 The Bidder shall not without the Purchaserrsquos prior written
consent make use of any document or information enumerated in
GCC Clause 41 except for purposes of performing the contract
43 Any document other than the Contract itself enumerated in
GCC Clause 41 shall remain the property of the Purchaser and shall
be returned (in all copies) to the Purchaser on completion of the
Bidderrsquos performance under the Contract if so required by the
Purchaser
44 The Bidder shall permit the Government to inspect the Bidderrsquos
accounts and records relating to the performance of the Bidder and
to have them audited by auditors appointed by the Government if so
required by the Government
5 Patent Rights
23
51 The Bidder shall indemnify the Purchaser against all third-
party claims of infringement of patent trademark or industrial
design rights arising from use of the Goods or any part thereof in
India
6 Performance Security
61 Within 21 days of receipt of the notification of contract award
the Bidder shall furnish Performance Security to the Purchaser for an
amount of 5 of the Contract Value valid up to 30 days after the date
of completion of Contract
62 The proceeds of the performance security shall be payable to
the Purchaser as compensation for any loss resulting from the
Bidderrsquos failure to complete its obligations under the Contract
63 The Performance Security shall be denominated in Indian
Rupees and shall be in one of the following forms
a) A Bank guarantee issued by a NationalizedScheduled bank in
the form provided in the tender documents or another form
acceptable to the Purchaser or
b) Crossed demand draft or pay order drawn in favor of the
Purchaser or
64 The Performance Security will be discharged by the Purchaser
and returned to the Bidder not later than 60 days following the date
of completion of the Bidderrsquos performance obligations including any
Warranty obligations under the Contract
7 Inspections and Tests
71 The Purchaser or its representative shall have the right to
inspect andor to test the Goods to confirm their conformity to the
Contract specifications at no extra cost to the Contractor
72 The contractor shall conduct third party inspection from any of
the inspection agency approved by Government of India The cost of
the inspection should be paid by the contractor and no
reimbursement shall be made by AMC for the inspection The
inspection shall be done on the basis of the technical bid submitted
by the tenderer or the approved machines and drawings by AMC
24
73 The inspections and tests may be conducted on the premises of
the Bidder or its subcontractor(s) at point of delivery andor at the
Goods final destination If conducted on the premises of the Bidder or
its subcontractor(s) all reasonable facilities and assistance including
access to drawings and production data - shall be furnished to the
inspectors at no charge to the Purchaser
74 Should any inspected or tested Goods fail to conform to the
specifications the Purchaser may reject the goods and the Bidder
shall either replace the rejected Goods or make alterations necessary
to meet specification requirements free of cost to the Purchaser
75 The Purchasers right to inspect test and where necessary
reject the Goods after the Goods arrival at Project Site shall in no
way be limited or waived by reason of the Goods having previously
been inspected tested and passed by the Purchaser or its
representative prior to the Goods shipment
76 Nothing in GCC Clause 7 shall in any way release the Bidder
from any warranty or other obligations under this Contract
77 Manuals and Drawings
771 Before the goods and equipment are taken over by the
Purchaser the Bidder shall supply operation and maintenance
manuals together with drawings of the goods and equipment These
shall be in such detail as will enable the Purchaser to operate
maintain adjust and repair all parts of the equipment as stated in the
specifications
772 The manuals and drawings shall be in the ruling language
(English) and in such form and numbers as stated in the contract
773 Unless and otherwise agreed the goods and equipment shall
not be considered to be completed for the purpose of taking over
until such manuals and drawings have been supplied to the
Purchaser
8 Packing
25
81 The packing of the goods may not be required however the
documents like operational manual and list of equipments shall be
submitted in two copies in booklet form
9 Delivery and Documents
91 Delivery of the Goods shall be made by the Bidder in
accordance with the terms specified by the Purchaser in the
Notification of Award The bills for the machines shall be submitted
in duplicate The bills for only those equipment will be accepted
whose delivery at site has been done by the bidder
10 Insurance
101 It will the responsibility of the contractor that the Goods and
machines supplied under the Contract shall be fully insured by the
contractor in Indian Rupees against loss or damage incidental to
manufacture or acquisition transportation storage and delivery for
complete duration of the contract For delivery of goods at site the
insurance shall be obtained by the Bidder in an amount equal to
110 of the value of the goods from ldquowarehouse to warehouserdquo
(final destinations) on ldquoAll Risksrdquo basis including War risks and
Strikes
11 Transportation
111 Where the Bidder is required under the Contract to transport
the Goods to a specified place of destination within India defined as
Project site the Bidder as shall be specified in the Contract shall
arrange transport to such place of destination in India including
insurance and the related cost shall be included in the Contract Price
12 Incidental Services
121 The Bidder may be required to provide any or all of the
following services including additional services if any specified in
SCC
a performance or supervision of the on-site assembly andor
start-up of the supplied Goods
b furnishing of tools required for assembly andor maintenance
of the supplied Goods
26
c furnishing of detailed operations and maintenance manual for
each appropriate unit of supplied Goods
d performance or supervision or maintenance andor repair of
the supplied Goods for a period of time agreed by the parties
provided that this service shall not relieve the Bidder of any
warranty obligations under this Contract and
e training of the Purchasers personnel at the Bidderrsquos plant
andor on-site in assembly start-up operation maintenance andor
repair of the supplied Goods
f detailed specifications of each equipment in detail to be
provided
g arrangement of required vehicles and implements for loading
amp unloading of Equipment at Facilities and other required infra for
assembling of equipment
122 Prices charged by the Bidder for incidental services if not
included in the Contract Price for the Goods shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates
charged to other parties by the Bidder for similar services
13 Spare Parts
131 As specified in the SCC the contractor shall be required to
provide any or all of the materials and spare parts at no cost to AMC
132 The Bidder shall carry sufficient inventories to assure ex-stock
supply of consumable spares for the Goods such as gaskets plugs
washers belts etc
14 Warranty
141 The Bidder warrants that the Goods supplied under this
Contract are new unused of the most recent or current models and
that they incorporate all recent improvements in design and
materials unless provided otherwise in the Contract The Bidder
further warrants that all Goods supplied under this Contract shall
have no defect arising from design materials or workmanship
(except when the design andor material is required by the
Purchasers Specifications) or from any act or omission of the Bidder
that may develop under normal use of the supplied Goods in the
conditions prevailing in the country of final destination
27
142 This warranty shall remain valid for 12 months after all the
sections of the entire plant have been delivered and successfully
commissioned and desired outputs are achieved as indicated in the
Contract Although section wise commissioning is proposed the
warranty will come into effect only after completion of all the
sections The Bidder shall in addition comply with the performance
andor consumption guarantees specified under the Contract If for
reasons attributable to the Bidder these guarantees are not attained
in whole or in part the Bidder shall at its discretion either
a make such changes modifications andor additions to the
Goods or any part thereof as may be necessary in order to attain the
contractual guarantees specified in the Contract at its own cost and
expense and to carry out further performance tests in accordance
with SCC Clause 2 OR
b pay liquidated damages to the Purchaser with respect to the
failure to meet the contractual guarantees The rate of these
liquidated damages shall be as specified in the Technical
Specifications
143 If the Bidder having been notified fails to remedy the defect(s)
within 15 days the Purchaser may proceed to take such remedial
action as may be necessary at the Bidderrsquos risk and expense and
without prejudice to any other rights which the Purchaser may have
against the Bidder under the Contract
15 Payment
151 The method and conditions of payment to be made to the
Bidder under this Contract shall be specified in the SCC
152 The Bidderrsquos request(s) for payment shall be made to the
Purchaser in writing accompanied by an invoice describing as
appropriate the Goods delivered and the Services performed and by
documents submitted pursuant to GCC Clause 9 and upon fulfillment
of other obligations stipulated in the contract
153 Payments shall be made promptly by the Purchaser but in no
case later than thirty (30) days after submission of the invoice or
claim by the Bidder
28
154 Payment shall be made in Indian Rupees
16 Prices
161 Prices payable to the Bidder as stated in the contract shall be
firm during the performance of the contract
17 Change Orders
171 The Purchaser may at any time by written order given to the
Bidder pursuant to GCC Clause 31 make changes within the general
scope of the Contract in any one or more of the following
a drawings designs or specifications where Goods to be
furnished under the Contract are to be specifically manufactured for
the Purchaser
b the Services to be provided by the Bidder
172 If any such change causes an increase or decrease in the cost of
or the time required for the Bidderrsquos performance of any provisions
under the Contract an equitable adjustment shall be made in the
Contract Price or delivery schedule or both and the Contract shall
accordingly be amended Any claims by the Bidder for adjustment
under this clause must be asserted within thirty (30) days from the
date of the Bidderrsquos receipt of the Purchasers change order
18 Contract Amendments
181 Subject to GCC Clause 17 no variation in or modification of the
terms of the Contract shall be made except by written amendment
signed by the parties
19 Assignment
191 The Bidder shall not assign in whole or in part its obligations
to perform under the Contract except with the Purchasers prior
written consent
20 Subcontracts
201 Any subcontracting work should be done after confirmation of
the same from the AMC
21 Delays in the Bidderrsquos Performance
29
211 Delivery of the Goods and performance of the Services shall be
made by the Bidder in accordance with the time schedule specified
by the Purchaser in the Schedule of Requirements
212 If at any time during performance of the Contract the Bidder or
its sub-contractor(s) should encounter conditions impeding timely
delivery of the Goods and performance of Services the Bidder shall
promptly notify the Purchaser in writing of the fact of the delay its
likely duration and its cause(s) As soon as practicable after receipt of
the Bidderrsquos notice the Purchaser shall evaluate the situation and
may at its discretion extend the Bidderrsquos time for performance with
or without liquidated damages in which case the extension shall be
ratified by the parties by amendment of the Contract
213 Except as provided under GCC Clause 24 a delay by the Bidder
in the performance of its delivery obligations shall render the Bidder
liable to the imposition of liquidated damages pursuant to GCC
Clause 22 unless an extension of time is agreed upon pursuant to
GCC Clause 212 without the application of liquidated damages
22 Liquidated Damages
221 Subject to GCC Clause 24 if the Bidder fails to deliver any or all
of the Goods or to perform the Services within the period(s) specified
in the Contract the Purchaser shall without prejudice to its other
remedies under the Contract deduct from the Contract Price as
liquidated damages a sum equivalent to 2 of the delivered price of
the delayed Goods or unperformed Services for each week or part
thereof of delay until actual delivery or performance up to a
maximum deduction of 10 of the Contract Price Once the
maximum is reached the Purchaser may consider termination of the
Contract pursuant to GCC Clause 23 Liquidated Damages is applicable
only up to commission and trial run period and not applicable to AMC
phase of the Contract
23 Termination for Default
30
231 The Purchaser may without prejudice to any other remedy for
breach of contract by written notice of default sent to the Bidder
terminate the Contract in whole or part
a if the Bidder fails to deliver any or all of the Goods within the
period(s) specified in the Contract or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 21 or
b if the Bidder fails to perform any other obligation(s) under the
Contract
c If the Bidder in the judgement of the Purchaser has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract
For the purpose of this Clause
ldquoCorrupt practicerdquo means the offering giving receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution
ldquofraudulent practicerdquo means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition
232 In the event the Purchaser terminates the Contract in whole or
in part pursuant to GCC Clause 231 the Purchaser may procure
upon such terms and in such manner as it deems appropriate Goods
or Services similar to those undelivered and the Bidder shall be
liable to the Purchaser for any excess costs for such similar Goods or
Services However the Bidder shall continue the performance of the
Contract to the extent not terminated
24 Force Majeure
241 Not with standing the provisions of GCC Clauses 21 22 23 the
Bidder shall not be liable for forfeiture of its performance security
liquidated damages or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
BIOMETHANATION PLANT
vii
well as any directives procedures of Government of India and nothing contained in these Terms and Conditions shall be in derogation of Merchants right to comply with any law enforcement agencies request or requirements relating to any Userrsquos use of the website or information provided to or gathered by Merchant with respect to such use Each User accepts and agrees that the provision of details of his her use of the Website to regulators or police or to any other third party in order to resolve disputes or complaints which relate to the Website shall be at the absolute discretion of Merchant
If any part of these Terms and Conditions are determined to be invalid or unenforceable
pursuant to applicable law including but not limited to the warranty disclaimers and liability limitations set forth herein then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect
These Terms and Conditions constitute the entire agreement between the User and
Merchant These Terms and Conditions supersede all prior or contemporaneous communications and proposals whether electronic oral or written between the User and Merchant A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form
The entries in the books of Merchant andor the Payment Gateway Service Providers kept in
the ordinary course of business of Merchant andor the Payment Gateway Service Providers with regard to transactions covered under these Terms and Conditions and matters therein appearing shall be binding on the User and shall be conclusive proof of the genuineness and accuracy of the transaction
Refund For Charge Back Transaction In the event there is any claim for of charge back
by the User for any reason whatsoever such User shall immediately approach Merchant with his her claim details and claim refund from Merchant alone Such refund (if any) shall be effected only by Merchant via payment gateway or by means of a demand draft or such other means as Merchant deems appropriate No claims for refund charge back shall be made by any User to the Payment Gateway Service Provider(s) and in the event such claim is made it shall not be entertained
In these Terms and Conditions the term ldquoCharge Backrdquo shall mean approved and settled
credit card or net banking purchase transaction(s) which are at any time refused debited or charged back to merchant account (and shall also include similar debits to Payment Gateway Service Providers accounts if any) by the acquiring bank or credit card company for any reason whatsoever together with the bank fees penalties and other charges incidental thereto
Refund for fraudulentduplicate transaction(s) The User shall directly contact Merchant for any fraudulent transaction(s) on account of misuse of Card Bank details by a fraudulent individualparty and such issues shall be suitably addressed by Merchant alone in line with their policies and rules
Server Slow DownSession Timeout In case the Website or Payment Gateway Service
Providerrsquos webpage that is linked to the Website is experiencing any server related issues like lsquoslow downrsquo or lsquofailurersquo or lsquosession timeoutrsquo the User shall before initiating the second payment check whether hisher Bank Account has been debited or not and accordingly resort to one of the following options
i In case the Bank Account appears to be debited ensure that he she does not make the payment twice and immediately thereafter contact Merchant via e-mail or any other mode of contact as provided by Merchant to confirm payment
BIOMETHANATION PLANT
viii
ii In case the Bank Account is not debited the User may initiate a fresh transaction to make payment However the User agrees that under no circumstances the Payment Gateway Service Provider shall be held responsible for such fraudulentduplicate transactions and hence no claims should be raised to Payment Gateway Service Provider No communication received by the Payment Gateway Service Provider(s) in this regard shall be entertained by the Payment Gateway Service Provider
Limitation of Liability
Merchant has made this Service available to the User as a matter of convenience Merchant
expressly disclaims any claim or liability arising out of the provision of this Service The User agrees and acknowledges that he she shall be solely responsible for his her conduct and that Merchant reserves the right to terminate the rights to use of the Service immediately without giving any prior notice thereof
Merchant andor the Payment Gateway Service Providers shall not be liable for any
inaccuracy error or delay in or omission of (a) any data information or message or (b) the transmission or delivery of any such data information or message or (c) any loss or damage arising from or occasioned by any such inaccuracy error delay or omission non-performance or interruption in any such data information or message Under no circumstances shall the Merchant andor the Payment Gateway Service Providers its employees directors and its third party agents involved in processing delivering or managing the Services be liable for any direct indirect incidental special or consequential damages or any damages whatsoever including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Services
The Merchant and the Payment Gateway Service Provider(s) assume no liability whatsoever
for any monetary or other damage suffered by the User on account of
(I) the delay failure interruption or corruption of any data or other information transmitted in connection with use of the Payment Gateway or Services in connection thereto and or
(ii) any interruption or errors in the operation of the Payment Gateway
The User shall indemnify and hold harmless the Payment Gateway Service Provider(s) and Merchant and their respective officers directors agents and employees from any claim or demand or actions arising out of or in connection with the utilization of the Services
The User agrees that Merchant or any of its employees will not be held liable by the User for any loss or damages arising from your use of or reliance upon the information contained on the Website or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond Merchantrsquos reasonable control
Miscellaneous Conditions
1 Any waiver of any rights available to Merchant under these Terms and Conditions shall not mean that those rights are automatically waived
2 The User agrees understands and confirms that his her personal data including without limitation details relating to debit card credit card transmitted over the Internet may be susceptible to misuse hacking theft and or fraud and that Merchant or the Payment Gateway Service Provider(s) have no control over such matters
3 Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the User Merchant does not represent or guarantee that the
BIOMETHANATION PLANT
ix
use of the Services provided by through it will not result in theft andor unauthorized use of data over the Internet
4 The Merchant the Payment Gateway Service Provider(s) and its affiliates and associates shall not be liable at any time for any failure of performance error omission interruption deletion defect delay in operation or transmission computer virus communications line failure theft or destruction or unauthorized access to alteration of or use of information contained on the Website
5 The User may be required to create his her own User ID and Password in order to register and or use the Services provided by Merchant on the Website By accepting these Terms and Conditions the User agrees that his her User ID and Password are very important pieces of information and it shall be the Userrsquos own responsibility to keep them secure and confidential In furtherance hereof the User agrees to
Choose a new password whenever required for security reasons Keep his her User ID amp Password strictly confidential Be responsible for any transactions made by User under such User ID and Password
The User is hereby informed that Merchant will never ask the User for the Userrsquos password in an unsolicited phone call or in an unsolicited email The User is hereby required to sign out of his her Merchant account on the Website and close the web browser window when the transaction(s) have been completed This is to ensure that others cannot access the Userrsquos personal information and correspondence when the User happens to share a computer with someone else or is using a computer in a public place like a library or Internet cafeacute
DebitCredit Card Bank Account Details
The User agrees that the debitcredit card details provided by him her for use of the aforesaid Service(s) must be correct and accurate and that the User shall not use a debit credit card that is not lawfully owned by him her or the use of which is not authorized by the lawful owner thereof The User further agrees and undertakes to provide correct and valid debitcredit card details
The User may make his her payment(Tender FeeEarnest Money deposit) to Merchant by using a debitcredit card or through online banking account The User warrants agrees and confirms that when he she initiates a payment transaction andor issues an online payment instruction and provides his her card bank details
The User is fully and lawfully entitled to use such credit debit card bank account for such transactions
The User is responsible to ensure that the card bank account details provided by
him her are accurate The User is authorizing debit of the nominated card bank account for the payment of
Tender Fee and Earnest Money Deposit The User is responsible to ensure sufficient credit is available on the nominated card
bank account at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by the User inclusive of the applicable Fee
Personal Information
The User agrees that to the extent required or permitted by law Merchant and or the Payment Gateway Service Provider(s) may also collect use and disclose personal information in connection with security related or law enforcement investigations or in the course of cooperating with authorities or complying with legal requirements
BIOMETHANATION PLANT
x
The User agrees that any communication sent by the User vide e-mail shall imply release of
information therein therewith to Merchant The User agrees to be contacted via e-mail on such mails initiated by him her
In addition to the information already in the possession of Merchant and or the Payment Gateway Service Provider(s) Merchant may have collected similar information from the User in the past By entering the Website the User consents to the terms of Merchantrsquos information privacy policy and to our continued use of previously collected information By submitting the Userrsquos personal information to us the User will be treated as having given hisher permission for the processing of the Userrsquos personal data as set out herein
The User acknowledges and agrees that his her information will be managed in accordance with the laws for the time in force
Payment Gateway Disclaimer
The Service is provided in order to facilitate payment of Tender FeesEarnest Money Deposit online The Merchant or the Payment Gateway Service Provider(s) do not make any representation of any kind express or implied as to the operation of the Payment Gateway other than what is specified in the Website for this purpose By accepting agreeing to these Terms and Conditions the User expressly agrees that his her use of the aforesaid online payment service is entirely at own risk and responsibility of the User
The EMD if applicable will be paid via online mode or if exemption certificate is available then
valid certificate of exemption from payment of earnest money should be Scanned from
original copy Additional (Performance) Security (if Required) (copy to be Submitted as per
the tender Schedule)
After Tender opening the EMD of the unsucessfull bidder will be returned to account provided by the
bidder during the bid prepration as given in challan under Beneficiary Account Number
BIOMETHANATION PLANT
xi
Ahmednagar Municipal Corporation
TENDER FOR
ldquo DESIGN SUPPLY INSTALLATION ERECTION COMMISSIONING OF BIOMETHANATION
PLANT OF 5 TPD CAPACITY EACH X 2 NOS AND OPERATION amp MAINTENANCE FOR 1
YEAR AT BURUDGAON DEPO AHMEDNAGARrdquo
BIOMETHANATION PLANT
xii
Table of Contents
SECTION I INVITATION FOR TENDERS (IFT)
SECTION II INSTRUCTION TO TENDERERS
A Introduction
1 Eligible Tenderers
2 Cost of Tendering
B The Tender Documents
3 Contents of Tender Documents
4 Clarification of Tender Documents
5 Amendment of Tender Documents (l)
C Preparation of Tenders
6 Language of Tender
7 Documents Constituting the Tender
8 Tender Form
9 Tender Prices
10 Tender Currency
11 Documents Establishing Tenderers Eligibility and Qualifications
12 Documents Establishing Goods Eligibility and Conformity to Tender
Documents
13 Earnest Money Deposit
14 Period of Validity of Tenders
15 Format and Signing of Tender
D Submission of Bids
16 Bidding through E-Tendering System
17 Deadline for Submission of the Bids
18 Late Bids
19 Modification and Withdrawal of Bids
E Tender Opening and Evaluation of Tenders
20 Opening of Tenders by the Purchaser
21 Clarification of Tenders
23 Evaluation and Comparison of Tenders
24 Contacting the Purchaser
F Award of Contract
25 Post qualification
26 Award Criteria
27 Right to vary Quantities
BIOMETHANATION PLANT
xiii
28 Purchasers Right to Accept Any Tender and to Reject Any or All Tenders
29 Notification of Award
30 Signing of Contract
31 Performance Security
32 Corrupt or Fraudulent Practices
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information Inspection and Audit by the
Government
5 Patent Rights
6 Performance Security
7 Inspections and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in the Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
BIOMETHANATION PLANT
xiv
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
SECTION IV SPECIAL CONDITIONS OF CONTRACT
Special Conditions of Contract
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (Clause 27)
7 Notices (Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligations
12 Patent Rights
SECTION V SCHEDULE OF REQUIREMENTS
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
Annexure-1- Plant proposed
Annexure- 2 Other conditions
SECTION VII QUALIFICATION CRITERIA
SECTION VIII TENDER FORM
SECTION IX PRICE SCHEDULE FORMAT
SECTION X CONTRACT FORM
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
SECTION XII-Proforma for Performance Statement of Bidder
1
SECTION I INVITATION FOR TENDERS (IFT)
Date
No
The Ahmednagar Municipal Corporation (AMC) invites tenders from eligible tenderers for ldquoDesign supply installation erection
commissioning of Two Biomethanation plant of 5 TPD each
capacity with operation amp maintenance for 1 YEAR at Burudgaon
Depo Ahmednagarrdquo (place may be chamged as per necessory)
1 The tenderers shall submit tender for all the works under this
contract Part bidding of tender is not allowed
2 The Tender document is available online from e-portal and
bids are to be submitted online through the e-procurement portal
httpamcmaharashtraetendersin Bids submitted manually will
not be accepted One can view and download the tenders published
currently by logging on to httpamcmaharashtraetendersin
For submission of the bids the bidders are required to have Digital
Signature Certificate (DSC) from one of the authorized Certifying
Authorities as detailed in the website
31 Aspiring bidders who have not obtained the User ID and
Password for participating in e-tendering may obtain the same by
registering in the website The contractors once registered can
participate in any of the department tenders
32 The bidding is a single stage two cover system ie- two cover
system (First Cover (Technical) and Second Cover (Financial)) and
Operator to be selected on Least Cost Selection (LCS)
3 Bidders are required to pay online the tender processing fee as
detailed in the website
Note (The non-refundable Tender processing fee details is available
on the e-procurement website)
4 A Pre-bid Meeting will be held at the Office of ldquoCommissioner
Ahmednagar Municipal Corporationrdquo to clarify the issues and to
2
answer questions on any matter that may be raised at that stage as
stated in Clause 92 of lsquoInstructions to Biddersrsquo of the bidding
document
5 The last Date and time for receipt of bids through the e-
tendering portal httpamcmaharashtraetendersin and will be
opened as per e-portal from the last date and time of receipt of bids
If the office happens to be closed on the date of opening of the bids as
specified the bids will be opened on the next working day at the
same time and venue
6 Other details can be seen in the bidding documents
Note
The Employer shall not be held liable for any delays due to system
failure beyond its control Even though the system will attempt to
notify the bidders of any bid updates The Employer shall not be
liable for any information not received by the bidder It is the
biddersrsquo responsibility to verify the website for the latest information
related to the tender The bidder is required to ensure browser
compatibility of the computer well in advance to the last date and
time for receipt of the tenders The department shall not be
responsible for non-accessibility of e-procurement portal due to
internet connectivity issues and technical glitches
3
SECTION II INSTRUCTION TO TENDERERS
A Introduction
1 Eligible Tenderers
11 The tender is open to all bidders who satisfy the qualification
criteria
12 The tenderer should be a registered legal entity Joint ventures
are allowed
13 Tenderers should not be associated or have been associated in
the past directly or indirectly with a firm or any of its affiliates
which have been engaged by the Purchaser to provide consulting
services for the preparation of the design specifications and other
documents to be used for the procurement of the goods to be
purchased under this Invitation of Tenders
14 Tenderers shall not be under a declaration of ineligibility for
corrupt and fraudulent practices issued by Government of
Maharashtra or India
2 Cost of Tendering
21 The Tenderer shall bear all costs associated with the
preparation and submission of its tender and AMC hereinafter
referred to as the Purchaser will in no case be responsible or liable
for these costs regardless of the conduct or outcome of the tender
process
B The Tender Documents
3 Contents of Tender Documents
31 The goods required tendering procedures and contract terms
are prescribed in the tender documents In addition to the Invitation
for Tenders the tender documents include
a Instruction to Tenderers (ITT)
b General Conditions of Contract (GCC)
c Special Conditions of Contract (SCC)
d Schedule of Requirements
4
e Technical Specifications
f Tender Form and Price Schedules
g Earnest Money Deposit Form
h Contract Form
i Performance Security Form
j Performance Statement Form
32 The Tenderer is expected to examine all instructions forms
terms and specifications in the tender documents Failure to furnish
all information required by the tender documents or submission of a
tender not substantially responsive to the tender documents in every
respect will be at the Tendererrsquos risk and may result in rejection of its
tender
4 Clarification of Tender Documents
41 The electronic bidding system provides for online
clarifications A prospective tenderer requiring any clarification may
notify online the authority inviting the bid The authority-inviting bid
will respond to any request(s) for clarification received in writing up
to pre-bid meeting Description of clarification sought and the
response of the authority inviting the bid will be uploaded for
information of the public or other bidders without identifying the
source of request for clarification
The Tenderer or his official representative is invited to attend a pre-
bid meeting which will take place at the office of the ldquoCommissioner
Ahmednagar Municipal Corporationrdquo
42 The purpose of the meeting will be to clarify issues and to
answer questions on any matter that may be raised at that stage
43 The Tenderer is requested to submit any questions in written
addressed to the commissioner Ahmednagar Municipal Corporation
not later than day of pre-bid meeting
44 Minutes of the meeting including the text of the questions
raised (without identifying the source of enquiry) and the responses
given will be uploaded on the website
httpamcmaharashtraetendersin Any modification of the
5
bidding documents which may become necessary as a result of the
pre-bid meeting shall be made by the Purchaser exclusively through
the issue of an Addendum in pursuant to Clause 5 of IT Band
45 Non-attendance at the pre-bid meeting will not be a cause for
disqualification of a bidder
5 Amendment of Tender Documents (l)
51 At any time prior to the deadline for submission of tenders the
Purchaser may for any reason whether at its own initiative or in
response to a clarification requested by a prospective tenderer
modify the tender documents by amendment
52 The addendum will appear on the web page of the website
httpamcmaharashtraetendersin
53 In order to allow prospective tenderers reasonable time in
which to take the amendment into account in preparing their
tenders the Purchaser at its discretion may extend the deadline for
the submission of tenders
C Preparation of Tenders
6 Language of Tender
61 The tender prepared by the Tenderer as well as all
correspondence and documents relating to the tender exchanged by
the Tenderer and the Purchaser shall be written in English language
Supporting documents and printed literature furnished by the
Tenderer may be in another language provided they are
accompanied by an accurate translation of the relevant passages in
the English language in which case for purposes of interpretation of
the Tender the translation shall govern
7 Documents Constituting the Tender
a Technical Cover
The bidding is a single stage two cover system (First Cover
(Technical) and Second Cover (Financial)) and Successful Bidder to
be selected on Least Cost Selection (LCS) The bidder shall attach the
detailed technical specification of the machines proposed by him in
6
the technical bid The bidder shall attach the flow chart and detailed
proposed Biomethnation plant in the technical bid
The technical proposal will be evaluated and the proposal which are
found technically sound and satisfy other eligibility criteria shall be
called for presentation before the committee If committee finds the
offer technically viable the bidder shall be technically qualified
71 While preparing the Technical Tender Operator is expected to
examine the documents comprising this bid document Material
deficiencies in providing the information requested may result in
rejection of a tender The tender prepared by the Tenderer shall
comprise the following components
a) Documentary evidence established in accordance with ITT
Clause 11 that the Tenderer is eligible to tender and is qualified to
perform the contract if its tender is accepted
b) Documentary evidence established in accordance with ITT
Clause 12 that the goods and ancillary services to be supplied by the
Tenderer are eligible goods and services and conform to the tender
documents and
c) Earnest money deposit furnished in accordance with ITT
Clause 13
8 Tender Form
81 The Tenderer shall complete the Tender Form and the Price
Schedule furnished in the tender documents indicating the goods to
be supplied a brief description of the Design Supply Installation
Erection commissioning and Operation amp Maintenance of Municipal
Solid Waste Treatment Equipmentrsquos and Machineries their country of
origin quantity and prices
b Financial Cover
9 Tender Prices
91 The Tenderer shall indicate on the Price Schedule of the unit
prices and total tender prices of the Design supply installation
7
erection commissioning of Two Biomethanation plant of 5 TPD each
capacity with operation amp maintenance for 1 YEAR at Burudgaon
Depo Ahmednagar
92 Tenderers shall quote for the complete requirement of
processing machinery with vehicles goods and services specified
under single responsibility basis The least bidder shall be awarded
the work
93 Prices indicated on the Price Schedule shall be inclusive of the
following
(i) The price of the goods and services quoted (proposed
Biomethanation Plant including Design Supply Installation erection
commissioning and Operation amp Maintenance as applicable) shall
include all duties and sales and other taxes already paid or payable
by the tenderer
(ii) Any duties sales and other taxes which will be payable on the
goods shall be borne by the contractor if this Contract is awarded
(iii) The price for inland transportation insurance and other local
costs incidental to delivery of the goods to their final destination and
(iv) Cost towards erection and commissioning at site including
foundation
94 Prices quoted by the Tenderer shall be fixed during the
Tendererrsquos performance of the Contract and not subject to variation
on any account A tender submitted with an adjustable price
quotation will be treated as non- responsive and rejected pursuant
to ITT Clause 22
10 Tender Currency
101 Prices shall be quoted in Indian Rupees
11 Documents Establishing Tenderers Eligibility and
Qualifications
111 Pursuant to ITT Clause 7 the Tenderer shall furnish as part of
its Tender documents establishing the Tendererrsquos eligibility to
8
tender and its qualifications to perform the Contract if its tender is
accepted
112 The documentary evidence of the Tenderers qualifications to
perform the Contract if its tender is accepted shall establish to the
Purchasers satisfaction
a) That the average financial turnover of the bidder is 1 crore
in last 3 financial years
b) That The tenderer must have experience of Supply
installation and Commissioning of at least one Bio methanation
plant of 5 TPD capacity in India within last 1 years
Or
b) The bidder must have technology transfer agreement with
BARC (Bhabha Atomic Research Center ) for Biomethanation
plant
Bidder are required to submit Work order copies and
ExecutionCompletion Certificate Technology Transfer Certificate
from BARC AMC may call for original certificates for verification
12 Documents Establishing Goods Eligibility and Conformity
to Tender Documents
121 Pursuant to ITB Clause 7 the Tenderer shall furnish as part of
its tender documents establishing the eligibility and conformity to
the tender documents of all goods and services which the tenderer
proposes to supply under the contract
122 The documentary evidence of conformity of the goods and
services to the tender documents may be in the form of literature
drawings and data and shall consist of
a) a detailed description of the proposed essential technical and
performance characteristics of the goods and machines
b) a list giving full particulars including available sources and
current prices of spare parts special tools etc necessary for the
9
proper and continuing functioning of the goods for a period of one
years following commencement of the use of the goods by the
Purchaser and
c) an item-by-item commentary on the Purchasers Technical
Specifications demonstrating substantial responsiveness of the goods
and services to those specifications or a statement of deviations and
exceptions to the provisions of the Technical Specifications
123 For purposes of the commentary to be furnished pursuant to
ITT Clause 122(c) above the Tenderer shall note that standards for
workmanship material and equipment and references to brand
names or catalogue numbers designated by the Purchaser in its
Technical Specifications are intended to be descriptive only and not
restrictive The Tenderer may substitute alternative standards brand
names andor catalogue numbers in its tender provided that it
demonstrates to the Purchasers satisfaction that the substitutions
ensure substantial equivalence to those designated in the Technical
Specifications
13 Earnest Money Deposit
131 Pursuant to ITT Clause 7 the Tenderer shall furnish as part of
its tender earnest money deposit in the amount as specified in
Section-V - Schedule of Requirements
132 The earnest money deposit is required to protect the Purchaser
against the risk of Tenderers conduct which would warrant the
securitys forfeiture pursuant to ITB Clause 137
133 The earnest money deposit shall be denominated in Indian
Rupees and shall be paid online only on the portal
134 Any tender not secured in accordance with ITT Clauses 131
and the Purchaser as non-responsive pursuant to ITT Clause 22 will
reject 133 above
135 Unsuccessful Tenderers earnest money deposit will be
dischargedreturned as promptly as possible but not later than 30
days after the expiration of the period of tender validity prescribed
by the Purchaser pursuant to ITT Clause 14
10
136 The successful Tenderers earnest money deposit will be
discharged upon the Tenderer signing the Contract pursuant to ITT
Clause 30 and furnishing the performance security pursuant to ITB
Clause 31
137 The tender security may be forfeited
(a) if a Tenderer (i) withdraws its tender during the period of
tender validity specified by the Tenderer on the Tender Form or (ii)
does not accept the correction of errors pursuant to ITT Clause 222
or
(b) in case of a successful Tenderer if the Tenderer fails (i) to sign
the Contract in accordance with ITT Clause 30 or (ii) to furnish
performance security in accordance with ITT Clause 31
14 Period of Validity of Tenders
141 Tenders shall remain valid for 120 days after the deadline for
submission of tenders prescribed by the Purchaser pursuant to ITT
Clause 17 A tender valid for a shorter period shall be rejected by the
Purchaser as non-responsive
142 In exceptional circumstances the Purchaser may solicit the
Tenderers consent to an extension of the period of validity The
request and the responses thereto shall be made in writing (or by
cable or telex or fax) The earnest money deposit provided under ITT
Clause 13 shall also be suitably extended A Tenderer may refuse the
request without forfeiting its earnest money deposit A Tenderer
granting the request will not be required nor permitted to modify its
tender
15 Format and Signing of Tender
151 Bidders shall submit offers that comply with the requirements
of the bidding documents including the basic technical design as
indicated in the drawing and specifications Alternatives will not be
considered
11
D Submission of Bids
16 Bidding through E-Tendering System
161 The tendering under this contract is electronic bid submission
through website httpamcmaharashtraetendersin Detailed
guidelines for viewing bids and submission of online bids are given
on the website The Invitation for Tenders is published on this
website Any citizen or prospective tenderer can logon to this
website and view the Invitation for Tenders and can view the details
of works for which bids are invited The prospective tenderer can
submit tenders online however the bidder is required to have
enrolmentregistration in the website and should have valid Digital
Signature Certificate (DSC) The DSC can be obtained from any
authorized certifying agencies The tenderer should register in the
web site httpamcmaharashtraetendersin After this the
tenderer can login the site through the secured login Bidders are
requested to go through the bid documents carefully and submit the
required information without exception otherwise bids will be
rejected
162 The completed tender should be uploaded on the website
given above through e-tendering along with scanned copies of
requisite certificates as are mentioned in different sections in the
bidding document and scanned copy of the Bid Security No financial
quote shall be uploaded as part of the Technical Bid
163 The bidder shall submit online the requirements under
qualification criteria and Technical and Financial parts The contents
of the Post Qualification and Technical and Financial bid shall be as
specified in ITT After electronic on line bid submission the system
generates a unique bid reference number which is time stamped
This shall be treated as acknowledgement of bid submission
17 Deadline for Submission of the Bids
171 Bids must be received by the Employer online not later than
the due date as specified in the online portal
172 The Employer may extend the deadline for submission of bids
by issuing an amendment in accordance with Clause 5 in which case
12
all rights and obligations of the Employer and the bidders previously
subject to the original deadline will then be subject to the new
deadline
18 Late Bids
181 The electronic bidding system would not allow any late
submission of bids after due date and time as per server time
19 Modification and Withdrawal of Bids
191 Tenderers may modify their bids online before the deadline
prescribed in Clause 17 for bid modification and consequential re-
submission
192 No tenders may be modified after the deadline for submission
of Bids
193 Withdrawal or modification of a tender between the deadline
for submission of tender and the expiration of the original period of
bid validity specified in Clause 141 above or as extended pursuant to
Clause 142 is not allowed in the e-procurement system If a tenderer
does the same through any other medium then it may result in the
forfeiture of the Tender security pursuant to Clause 137
E Tender Opening and Evaluation of Tenders
20 Opening of Tenders by the Purchaser
201 The Purchaser will open all the Technical Cover in the
presence of Tenderersrsquo representatives who choose to attend as per
e-portal
The Tendererrsquos representatives who are present shall sign a register
evidencing their attendance In the event of the specified date of
Tender opening being declared a holiday for the Purchaser the
tenders shall be opened at the appointed time and location on the
next working day
202 The Tendererrsquos names tender modifications or withdrawals
tender prices discounts and the presence or absence of requisite
tender security and such other details as the Purchaser at its
discretion may consider appropriate will be announced at the
opening No tender shall be rejected at tender opening except for late
13
tenders which shall be returned unopened to the Tenderer pursuant
to ITT Clause 18
203 Tenders (and modifications sent pursuant to ITT Clause 192)
that are not opened and read out at tender opening shall not be
considered further for evaluation irrespective of the circumstances
204 The Purchaser will prepare minutes of the tender opening The
Financial Bid of the successful bidders only will be opened after
completion of technical bid evaluation
21 Clarification of Tenders
During evaluation of tenders the Purchaser may at its discretion ask
the Tenderer for a clarification of its tender The request for
clarification and the response shall be in writing and no change in
prices or substance of the tender shall be sought offered or
permitted
22 Preliminary Examination
221 The Purchaser will examine the technical bid to determine
whether they are complete whether required sureties have been
furnished and whether the tenders are generally in order
2211 The evaluation committee appointed by the Employer as
a whole and each of its members individually will evaluate the
Technical Bids on the basis of their responsiveness to the ITB A Bid
shall be rejected at this stage if it does not respond to important
aspects of the Bid Document
222 After the evaluation of technical Bid is completed the
Purchaser shall notify those bidders whose Bids meet the
qualification criteria as detailed in Section VII or were considered
responsive to the bid document indicating that the presentation has
to be made by their company After presentation by the company the
committee members or the person authorized by the commissioner
may visit the plant established by the bidder The bidder to whom the
committee is satisfied with the documents and the presentation and
the site visit if required will be informed as technically qualified
bidders
14
223 The financial bid opening date shall not be informed to the
technically disqualified bidders
2231 The Financial Cover shall be opened publicly in the
presence of the bidders representatives who choose to attend The
bid opening shall be online only
2232 The evaluation committee will determine whether the
Financial Bids are complete correct any computational errors
Arithmetical errors will be rectified on the following basis If there is
a discrepancy between the unit price and the total price that is
obtained by multiplying the unit price and quantity the unit price
shall prevail and the total price shall be corrected If there is a
discrepancy between words and figures the lower of the two will
prevail If the Bidder does not accept the correction of errors its
tender will be rejected and its tender security may be forfeited
2233 All necessary civil work and other related works for
Biomethanation plant is to be done by the successful bidder AMC
shall provide the land road upto the plant site electric connection
upto the plant site AMC shall provide approximately 5 TPD non-veg
organic waste and 5 TPD organic (Veg) waste as feed for each
seperate plant
2234 During the contract period and always the processing
plant machines land and civil works shall be the property of AMC At
the time of handover of the plant to AMC the contractor shall
handover the plant in good running condition If it is found that the
plant is inoperative or needs any repairs and maintenance the
contractor should either repair it to satisfaction of the AMC or if AMC
get it done by its own resources the amount shall be deducted from
the performance security deposit submitted by the contractor
2235 This biding is called for Burudgaon Depo location The
selection procedure of the successful bidder shall be as under
a Whereas successful bidder shall be the bidder quoting lowest for
the Supply Installation Erection commissioning and Operation amp
Maintenance of Municipal Solid Waste Treatment Equipmentrsquos and
Machineries (L-1)
15
b The cost of the MSW Plant and allied accessories for operation
of the plant quoted by the bidder shall be paid by the AMC as per the
payment schedule given in the tender document The value of the
processing plant and allied accessories wit OampM quoted by the
bidder shall be the sole bidding criteria for the tender
c The successful contractor shall not be paid any kind tipping
fees for operating the plant The contractor shall sell the products
(GasElectricitycompostothers) recovered from the processing of
the waste to recover the operation and maintenance cost and the
profits
224 Term of Contract
The term of the contract shall be 1 YEAR and can be renewed for a
similar term if the performance of the contractor is satisfactory
225 Scope of Work
The scope of the work shall be processing of the 5 + 5 TPD waste for
each site (two sites)received at site The rejects from the processing
should not be more than 15 of the total waste The rejects shall be
kept at one side of the site from where the CampT contractor shall lift
the waste and transport it to landfill site
226 Prior to the detailed evaluation pursuant to ITB Clause 23 the
Purchaser will determine the substantial responsiveness of each
tender to the tender documents For purposes of these Clauses a
substantially responsive tender is one which conforms to all the
terms and conditions of the tender documents without material
deviations Deviations from or objections or reservations to critical
provisions such as those concerning Performance Security (GCC
Clause 6) Warranty (GCC Clause 14) Force Majeure (GCC Clause 24)
Limitation of liability (GCC Clause 28) Applicable law (GCC Clause
30) and Taxes amp Duties (GCC Clause 32) will be deemed to be a
material deviation The Purchasers determination of a tenders
responsiveness is to be based on the contents of the tender itself
without recourse to extrinsic evidence
16
227 If a tender is not substantially responsive it will be rejected by
the Purchaser and may not subsequently be made responsive by the
Tenderer by correction of the non-conformity
23 Evaluation and Comparison of Tenders
231 The Purchaser will evaluate and compare the tenders which
have been determined to be substantially responsive pursuant to ITT
Clause 22 for each schedule separately No tender will be considered
if the complete requirements covered in the schedule is not included
in the tender However as stated in ITT Clause 9 The tenderer shall
quote his final prices taken into account all discounts
24 Contacting the Purchaser
241 Subject to ITT Clause 21 no Tenderer shall contact the
Purchaser on any matter relating to its tender from the time of the
tender opening to the time the Contract is awarded If the tenderer
wishes to bring additional information to the notice of the purchaser
it should do so in writing
242 Any effort by a Tenderer to influence the Purchaser in its
decisions on tender evaluation tender comparison or contract award
may result in rejection of the Tenderers tender
F Award of Contract
25 Post qualification
251 In the absence of prequalification the Purchaser will determine
to its satisfaction whether the Tenderer that is selected as having
submitted the lowest evaluated responsive tender meets the criteria
specified in ITT Clause 112 (b) and is qualified to perform the
contract satisfactorily
252 The determination will take into account the Tenderers
financial technical and production capabilities It will be based upon
an examination of the documentary evidence of the Tenderers
qualifications submitted by the Tenderer pursuant to ITT Clause 11
as well as such other information as the Purchaser deems necessary
and appropriate
26 Award Criteria
17
261 Subject to ITT Clause 28 the Purchaser will award the Contract
to the successful Tenderer whose tender has been determined to be
substantially responsive and has been determined as the lowest
evaluated tender provided further that the Tenderer is determined
to be qualified to perform the Contract satisfactorily
27 Right to vary Quantities
271 The contractor shall have to erect the machines proposed by
him in the technical bid and presentation However during the
contract duration for better performance of the processing plant the
contractor shall be free to add the machines vehicles and civil works
at no cost to AMC The contractor shall not be allowed to sell the
installed machines as AMC has already paid the contractor for the
machines and ownership of the machines always lies with the AMC
28 Purchasers Right to Accept Any Tender and to Reject Any
or All Tenders
281 The Purchaser reserves the right to accept or reject any tender
and to annul the tendering process and reject all tenders at any time
prior to contract award without thereby incurring any liability to the
affected Tenderer or Tendererrsquos
29 Notification of Award
291 Prior to the expiration of the period of tender validity the
Purchaser will notify the successful tenderer in writing by registered
letter or by cabletelex or fax to be confirmed in writing by
registered letter that its tender has been accepted
292 The notification of award will constitute the formation of the
Contract
293 Upon the successful Tenderers furnishing of performance
security pursuant to ITT Clause 31 the Purchaser will promptly
notify the name of the winning Tenderer to each unsuccessful
Tenderer and will discharge its earnest money deposit pursuant to
ITT Clause 13
30 Signing of Contract
18
301 At the same time as the Purchaser notifies the successful
tenderer that its tender has been accepted the Purchaser will send
the Tenderer the Contract Form provided in the tender documents
incorporating all agreements between the parties
302 Within 21 days of receipt of the Contract Form the successful
Tenderer shall sign and date the Contract and return it to the
Purchaser
31 Performance Security
311 Within 21 days of the receipt of notification of award from the
Purchaser the successful Tenderer shall furnish the performance
security of 3 of the cost of the machines and equipments
quoted by him The performance security shall be in form of Bank
guarantee 2 payment shall be deducted from each payment which
will make the total performance security to 5 The performance
security shall be released at the end of the contract period
312 Failure of the successful Tenderer to comply with the
requirement of ITT Clause 302 or ITT Clause 311 shall constitute
sufficient grounds for the annulment of the award and forfeiture of
the earnest money deposit in which event the Purchaser may make
the award to the next lowest evaluated Tenderer or call for new
tenders
32 Corrupt or Fraudulent Practices
321 The Government requires that Tendererrsquos Bidders
Contractors observe the highest standard of ethics during the
procurement and execution of Government financed contracts In
pursuance of this policy the Government
(a) defines for the purposes of this provision the terms set forth
as follows
(i) ldquocorrupt practicerdquo means the offering giving receiving or
soliciting of any thing of value to influence the action of a public
official in the procurement process or in contract execution and
(ii) ldquofraudulent practicerdquo means a misrepresentation of facts in
order to influence a procurement process or the execution of a
contract to the detriment of the Government and includes collusive
19
practice among Tenderers (prior to or after tender submission)
designed to establish tender prices at artificial non-competitive
levels and to deprive the Government of the benefits of free and open
competition
(b) will reject a proposal for award if it determines that the
Tenderer recommended for award has engaged in corrupt or
fraudulent practices in competing for the contract in question
(c) will declare a firm ineligible either indefinitely or for a stated
period of time to be awarded a Government financed contract if it at
any time determines that the firm has engaged in corrupt or
fraudulent practices in competing for or in executing a Government-
financed contract
322 Furthermore Tenderers shall be aware of the provision stated
in sub-clause 44 and sub-clause 231 of the General Conditions of
Contract
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
Clause Number Topic
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information
Inspection and Audit by Government
5 Patent Rights
6 Performance Security
7 Inspection and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
20
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
21
General Conditions of Contract
1 Definitions
11 In this Contract the following terms shall be interpreted as
indicated
a The Contract means the agreement entered into between the
Purchaser and the Bidder as recorded in the Contract Form signed
by the parties including all the attachments and appendices thereto
and all documents incorporated by reference therein
b The Contract Price means the price payable to the Bidder
under the Contract for the full and proper performance of its
contractual obligations
c The Goods means all the equipment machinery andor other
materials which the Bidder is required to supply to the Purchaser
under the Contract
d Services means services ancillary to the supply of the Goods
such as transportation and insurance and any other incidental
services such as installation commissioning provision of technical
assistance training and other obligations of the Bidder covered
under the Contract
e ldquoGCCrdquo means the General Conditions of Contract contained in
this section
f ldquoSCCrdquo means the Special Conditions of Contract
g ldquoThe Purchaserrdquo means the organization purchasing the Goods
as named in SCC
h ldquoThe Purchaserrsquos countryrdquo is the country named in SCC
i ldquoThe Bidderrdquo means the individual or firm supplying the Goods
and Services under this Contract
j ldquoThe Governmentrdquo means the Government of Maharashtra
State
k ldquoThe Project Siterdquo where applicable means the place or places
named in SCC
l ldquoDayrdquo means calendar day
2 Application
22
21 These General Conditions shall apply to the extent that
provisions in other parts of the Contract do not supersede them
3 Standards
31 The Goods and machines supplied under this Contract shall
conform to the standards mentioned in the Technical Specifications
given in the technical bid of the bidder and when no applicable
standard is mentioned to the authoritative standard appropriate to
the Goods country of origin and such standards shall be the latest
issued by the concerned institution
4 Use of Contract Documents and Information Inspection
and Audit by the Government
41 The Bidder shall not without the Purchasers prior written
consent disclose the Contract or any provision thereof or any
specification plan drawing pattern sample or information furnished
by or on behalf of the Purchaser in connection therewith to any
person other than a person employed by the Bidder in performance
of the Contract Disclosure to any such employed person shall be
made in confidence and shall extend only so far as may be necessary
for purposes of such performance
42 The Bidder shall not without the Purchaserrsquos prior written
consent make use of any document or information enumerated in
GCC Clause 41 except for purposes of performing the contract
43 Any document other than the Contract itself enumerated in
GCC Clause 41 shall remain the property of the Purchaser and shall
be returned (in all copies) to the Purchaser on completion of the
Bidderrsquos performance under the Contract if so required by the
Purchaser
44 The Bidder shall permit the Government to inspect the Bidderrsquos
accounts and records relating to the performance of the Bidder and
to have them audited by auditors appointed by the Government if so
required by the Government
5 Patent Rights
23
51 The Bidder shall indemnify the Purchaser against all third-
party claims of infringement of patent trademark or industrial
design rights arising from use of the Goods or any part thereof in
India
6 Performance Security
61 Within 21 days of receipt of the notification of contract award
the Bidder shall furnish Performance Security to the Purchaser for an
amount of 5 of the Contract Value valid up to 30 days after the date
of completion of Contract
62 The proceeds of the performance security shall be payable to
the Purchaser as compensation for any loss resulting from the
Bidderrsquos failure to complete its obligations under the Contract
63 The Performance Security shall be denominated in Indian
Rupees and shall be in one of the following forms
a) A Bank guarantee issued by a NationalizedScheduled bank in
the form provided in the tender documents or another form
acceptable to the Purchaser or
b) Crossed demand draft or pay order drawn in favor of the
Purchaser or
64 The Performance Security will be discharged by the Purchaser
and returned to the Bidder not later than 60 days following the date
of completion of the Bidderrsquos performance obligations including any
Warranty obligations under the Contract
7 Inspections and Tests
71 The Purchaser or its representative shall have the right to
inspect andor to test the Goods to confirm their conformity to the
Contract specifications at no extra cost to the Contractor
72 The contractor shall conduct third party inspection from any of
the inspection agency approved by Government of India The cost of
the inspection should be paid by the contractor and no
reimbursement shall be made by AMC for the inspection The
inspection shall be done on the basis of the technical bid submitted
by the tenderer or the approved machines and drawings by AMC
24
73 The inspections and tests may be conducted on the premises of
the Bidder or its subcontractor(s) at point of delivery andor at the
Goods final destination If conducted on the premises of the Bidder or
its subcontractor(s) all reasonable facilities and assistance including
access to drawings and production data - shall be furnished to the
inspectors at no charge to the Purchaser
74 Should any inspected or tested Goods fail to conform to the
specifications the Purchaser may reject the goods and the Bidder
shall either replace the rejected Goods or make alterations necessary
to meet specification requirements free of cost to the Purchaser
75 The Purchasers right to inspect test and where necessary
reject the Goods after the Goods arrival at Project Site shall in no
way be limited or waived by reason of the Goods having previously
been inspected tested and passed by the Purchaser or its
representative prior to the Goods shipment
76 Nothing in GCC Clause 7 shall in any way release the Bidder
from any warranty or other obligations under this Contract
77 Manuals and Drawings
771 Before the goods and equipment are taken over by the
Purchaser the Bidder shall supply operation and maintenance
manuals together with drawings of the goods and equipment These
shall be in such detail as will enable the Purchaser to operate
maintain adjust and repair all parts of the equipment as stated in the
specifications
772 The manuals and drawings shall be in the ruling language
(English) and in such form and numbers as stated in the contract
773 Unless and otherwise agreed the goods and equipment shall
not be considered to be completed for the purpose of taking over
until such manuals and drawings have been supplied to the
Purchaser
8 Packing
25
81 The packing of the goods may not be required however the
documents like operational manual and list of equipments shall be
submitted in two copies in booklet form
9 Delivery and Documents
91 Delivery of the Goods shall be made by the Bidder in
accordance with the terms specified by the Purchaser in the
Notification of Award The bills for the machines shall be submitted
in duplicate The bills for only those equipment will be accepted
whose delivery at site has been done by the bidder
10 Insurance
101 It will the responsibility of the contractor that the Goods and
machines supplied under the Contract shall be fully insured by the
contractor in Indian Rupees against loss or damage incidental to
manufacture or acquisition transportation storage and delivery for
complete duration of the contract For delivery of goods at site the
insurance shall be obtained by the Bidder in an amount equal to
110 of the value of the goods from ldquowarehouse to warehouserdquo
(final destinations) on ldquoAll Risksrdquo basis including War risks and
Strikes
11 Transportation
111 Where the Bidder is required under the Contract to transport
the Goods to a specified place of destination within India defined as
Project site the Bidder as shall be specified in the Contract shall
arrange transport to such place of destination in India including
insurance and the related cost shall be included in the Contract Price
12 Incidental Services
121 The Bidder may be required to provide any or all of the
following services including additional services if any specified in
SCC
a performance or supervision of the on-site assembly andor
start-up of the supplied Goods
b furnishing of tools required for assembly andor maintenance
of the supplied Goods
26
c furnishing of detailed operations and maintenance manual for
each appropriate unit of supplied Goods
d performance or supervision or maintenance andor repair of
the supplied Goods for a period of time agreed by the parties
provided that this service shall not relieve the Bidder of any
warranty obligations under this Contract and
e training of the Purchasers personnel at the Bidderrsquos plant
andor on-site in assembly start-up operation maintenance andor
repair of the supplied Goods
f detailed specifications of each equipment in detail to be
provided
g arrangement of required vehicles and implements for loading
amp unloading of Equipment at Facilities and other required infra for
assembling of equipment
122 Prices charged by the Bidder for incidental services if not
included in the Contract Price for the Goods shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates
charged to other parties by the Bidder for similar services
13 Spare Parts
131 As specified in the SCC the contractor shall be required to
provide any or all of the materials and spare parts at no cost to AMC
132 The Bidder shall carry sufficient inventories to assure ex-stock
supply of consumable spares for the Goods such as gaskets plugs
washers belts etc
14 Warranty
141 The Bidder warrants that the Goods supplied under this
Contract are new unused of the most recent or current models and
that they incorporate all recent improvements in design and
materials unless provided otherwise in the Contract The Bidder
further warrants that all Goods supplied under this Contract shall
have no defect arising from design materials or workmanship
(except when the design andor material is required by the
Purchasers Specifications) or from any act or omission of the Bidder
that may develop under normal use of the supplied Goods in the
conditions prevailing in the country of final destination
27
142 This warranty shall remain valid for 12 months after all the
sections of the entire plant have been delivered and successfully
commissioned and desired outputs are achieved as indicated in the
Contract Although section wise commissioning is proposed the
warranty will come into effect only after completion of all the
sections The Bidder shall in addition comply with the performance
andor consumption guarantees specified under the Contract If for
reasons attributable to the Bidder these guarantees are not attained
in whole or in part the Bidder shall at its discretion either
a make such changes modifications andor additions to the
Goods or any part thereof as may be necessary in order to attain the
contractual guarantees specified in the Contract at its own cost and
expense and to carry out further performance tests in accordance
with SCC Clause 2 OR
b pay liquidated damages to the Purchaser with respect to the
failure to meet the contractual guarantees The rate of these
liquidated damages shall be as specified in the Technical
Specifications
143 If the Bidder having been notified fails to remedy the defect(s)
within 15 days the Purchaser may proceed to take such remedial
action as may be necessary at the Bidderrsquos risk and expense and
without prejudice to any other rights which the Purchaser may have
against the Bidder under the Contract
15 Payment
151 The method and conditions of payment to be made to the
Bidder under this Contract shall be specified in the SCC
152 The Bidderrsquos request(s) for payment shall be made to the
Purchaser in writing accompanied by an invoice describing as
appropriate the Goods delivered and the Services performed and by
documents submitted pursuant to GCC Clause 9 and upon fulfillment
of other obligations stipulated in the contract
153 Payments shall be made promptly by the Purchaser but in no
case later than thirty (30) days after submission of the invoice or
claim by the Bidder
28
154 Payment shall be made in Indian Rupees
16 Prices
161 Prices payable to the Bidder as stated in the contract shall be
firm during the performance of the contract
17 Change Orders
171 The Purchaser may at any time by written order given to the
Bidder pursuant to GCC Clause 31 make changes within the general
scope of the Contract in any one or more of the following
a drawings designs or specifications where Goods to be
furnished under the Contract are to be specifically manufactured for
the Purchaser
b the Services to be provided by the Bidder
172 If any such change causes an increase or decrease in the cost of
or the time required for the Bidderrsquos performance of any provisions
under the Contract an equitable adjustment shall be made in the
Contract Price or delivery schedule or both and the Contract shall
accordingly be amended Any claims by the Bidder for adjustment
under this clause must be asserted within thirty (30) days from the
date of the Bidderrsquos receipt of the Purchasers change order
18 Contract Amendments
181 Subject to GCC Clause 17 no variation in or modification of the
terms of the Contract shall be made except by written amendment
signed by the parties
19 Assignment
191 The Bidder shall not assign in whole or in part its obligations
to perform under the Contract except with the Purchasers prior
written consent
20 Subcontracts
201 Any subcontracting work should be done after confirmation of
the same from the AMC
21 Delays in the Bidderrsquos Performance
29
211 Delivery of the Goods and performance of the Services shall be
made by the Bidder in accordance with the time schedule specified
by the Purchaser in the Schedule of Requirements
212 If at any time during performance of the Contract the Bidder or
its sub-contractor(s) should encounter conditions impeding timely
delivery of the Goods and performance of Services the Bidder shall
promptly notify the Purchaser in writing of the fact of the delay its
likely duration and its cause(s) As soon as practicable after receipt of
the Bidderrsquos notice the Purchaser shall evaluate the situation and
may at its discretion extend the Bidderrsquos time for performance with
or without liquidated damages in which case the extension shall be
ratified by the parties by amendment of the Contract
213 Except as provided under GCC Clause 24 a delay by the Bidder
in the performance of its delivery obligations shall render the Bidder
liable to the imposition of liquidated damages pursuant to GCC
Clause 22 unless an extension of time is agreed upon pursuant to
GCC Clause 212 without the application of liquidated damages
22 Liquidated Damages
221 Subject to GCC Clause 24 if the Bidder fails to deliver any or all
of the Goods or to perform the Services within the period(s) specified
in the Contract the Purchaser shall without prejudice to its other
remedies under the Contract deduct from the Contract Price as
liquidated damages a sum equivalent to 2 of the delivered price of
the delayed Goods or unperformed Services for each week or part
thereof of delay until actual delivery or performance up to a
maximum deduction of 10 of the Contract Price Once the
maximum is reached the Purchaser may consider termination of the
Contract pursuant to GCC Clause 23 Liquidated Damages is applicable
only up to commission and trial run period and not applicable to AMC
phase of the Contract
23 Termination for Default
30
231 The Purchaser may without prejudice to any other remedy for
breach of contract by written notice of default sent to the Bidder
terminate the Contract in whole or part
a if the Bidder fails to deliver any or all of the Goods within the
period(s) specified in the Contract or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 21 or
b if the Bidder fails to perform any other obligation(s) under the
Contract
c If the Bidder in the judgement of the Purchaser has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract
For the purpose of this Clause
ldquoCorrupt practicerdquo means the offering giving receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution
ldquofraudulent practicerdquo means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition
232 In the event the Purchaser terminates the Contract in whole or
in part pursuant to GCC Clause 231 the Purchaser may procure
upon such terms and in such manner as it deems appropriate Goods
or Services similar to those undelivered and the Bidder shall be
liable to the Purchaser for any excess costs for such similar Goods or
Services However the Bidder shall continue the performance of the
Contract to the extent not terminated
24 Force Majeure
241 Not with standing the provisions of GCC Clauses 21 22 23 the
Bidder shall not be liable for forfeiture of its performance security
liquidated damages or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
BIOMETHANATION PLANT
viii
ii In case the Bank Account is not debited the User may initiate a fresh transaction to make payment However the User agrees that under no circumstances the Payment Gateway Service Provider shall be held responsible for such fraudulentduplicate transactions and hence no claims should be raised to Payment Gateway Service Provider No communication received by the Payment Gateway Service Provider(s) in this regard shall be entertained by the Payment Gateway Service Provider
Limitation of Liability
Merchant has made this Service available to the User as a matter of convenience Merchant
expressly disclaims any claim or liability arising out of the provision of this Service The User agrees and acknowledges that he she shall be solely responsible for his her conduct and that Merchant reserves the right to terminate the rights to use of the Service immediately without giving any prior notice thereof
Merchant andor the Payment Gateway Service Providers shall not be liable for any
inaccuracy error or delay in or omission of (a) any data information or message or (b) the transmission or delivery of any such data information or message or (c) any loss or damage arising from or occasioned by any such inaccuracy error delay or omission non-performance or interruption in any such data information or message Under no circumstances shall the Merchant andor the Payment Gateway Service Providers its employees directors and its third party agents involved in processing delivering or managing the Services be liable for any direct indirect incidental special or consequential damages or any damages whatsoever including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Services
The Merchant and the Payment Gateway Service Provider(s) assume no liability whatsoever
for any monetary or other damage suffered by the User on account of
(I) the delay failure interruption or corruption of any data or other information transmitted in connection with use of the Payment Gateway or Services in connection thereto and or
(ii) any interruption or errors in the operation of the Payment Gateway
The User shall indemnify and hold harmless the Payment Gateway Service Provider(s) and Merchant and their respective officers directors agents and employees from any claim or demand or actions arising out of or in connection with the utilization of the Services
The User agrees that Merchant or any of its employees will not be held liable by the User for any loss or damages arising from your use of or reliance upon the information contained on the Website or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond Merchantrsquos reasonable control
Miscellaneous Conditions
1 Any waiver of any rights available to Merchant under these Terms and Conditions shall not mean that those rights are automatically waived
2 The User agrees understands and confirms that his her personal data including without limitation details relating to debit card credit card transmitted over the Internet may be susceptible to misuse hacking theft and or fraud and that Merchant or the Payment Gateway Service Provider(s) have no control over such matters
3 Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the User Merchant does not represent or guarantee that the
BIOMETHANATION PLANT
ix
use of the Services provided by through it will not result in theft andor unauthorized use of data over the Internet
4 The Merchant the Payment Gateway Service Provider(s) and its affiliates and associates shall not be liable at any time for any failure of performance error omission interruption deletion defect delay in operation or transmission computer virus communications line failure theft or destruction or unauthorized access to alteration of or use of information contained on the Website
5 The User may be required to create his her own User ID and Password in order to register and or use the Services provided by Merchant on the Website By accepting these Terms and Conditions the User agrees that his her User ID and Password are very important pieces of information and it shall be the Userrsquos own responsibility to keep them secure and confidential In furtherance hereof the User agrees to
Choose a new password whenever required for security reasons Keep his her User ID amp Password strictly confidential Be responsible for any transactions made by User under such User ID and Password
The User is hereby informed that Merchant will never ask the User for the Userrsquos password in an unsolicited phone call or in an unsolicited email The User is hereby required to sign out of his her Merchant account on the Website and close the web browser window when the transaction(s) have been completed This is to ensure that others cannot access the Userrsquos personal information and correspondence when the User happens to share a computer with someone else or is using a computer in a public place like a library or Internet cafeacute
DebitCredit Card Bank Account Details
The User agrees that the debitcredit card details provided by him her for use of the aforesaid Service(s) must be correct and accurate and that the User shall not use a debit credit card that is not lawfully owned by him her or the use of which is not authorized by the lawful owner thereof The User further agrees and undertakes to provide correct and valid debitcredit card details
The User may make his her payment(Tender FeeEarnest Money deposit) to Merchant by using a debitcredit card or through online banking account The User warrants agrees and confirms that when he she initiates a payment transaction andor issues an online payment instruction and provides his her card bank details
The User is fully and lawfully entitled to use such credit debit card bank account for such transactions
The User is responsible to ensure that the card bank account details provided by
him her are accurate The User is authorizing debit of the nominated card bank account for the payment of
Tender Fee and Earnest Money Deposit The User is responsible to ensure sufficient credit is available on the nominated card
bank account at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by the User inclusive of the applicable Fee
Personal Information
The User agrees that to the extent required or permitted by law Merchant and or the Payment Gateway Service Provider(s) may also collect use and disclose personal information in connection with security related or law enforcement investigations or in the course of cooperating with authorities or complying with legal requirements
BIOMETHANATION PLANT
x
The User agrees that any communication sent by the User vide e-mail shall imply release of
information therein therewith to Merchant The User agrees to be contacted via e-mail on such mails initiated by him her
In addition to the information already in the possession of Merchant and or the Payment Gateway Service Provider(s) Merchant may have collected similar information from the User in the past By entering the Website the User consents to the terms of Merchantrsquos information privacy policy and to our continued use of previously collected information By submitting the Userrsquos personal information to us the User will be treated as having given hisher permission for the processing of the Userrsquos personal data as set out herein
The User acknowledges and agrees that his her information will be managed in accordance with the laws for the time in force
Payment Gateway Disclaimer
The Service is provided in order to facilitate payment of Tender FeesEarnest Money Deposit online The Merchant or the Payment Gateway Service Provider(s) do not make any representation of any kind express or implied as to the operation of the Payment Gateway other than what is specified in the Website for this purpose By accepting agreeing to these Terms and Conditions the User expressly agrees that his her use of the aforesaid online payment service is entirely at own risk and responsibility of the User
The EMD if applicable will be paid via online mode or if exemption certificate is available then
valid certificate of exemption from payment of earnest money should be Scanned from
original copy Additional (Performance) Security (if Required) (copy to be Submitted as per
the tender Schedule)
After Tender opening the EMD of the unsucessfull bidder will be returned to account provided by the
bidder during the bid prepration as given in challan under Beneficiary Account Number
BIOMETHANATION PLANT
xi
Ahmednagar Municipal Corporation
TENDER FOR
ldquo DESIGN SUPPLY INSTALLATION ERECTION COMMISSIONING OF BIOMETHANATION
PLANT OF 5 TPD CAPACITY EACH X 2 NOS AND OPERATION amp MAINTENANCE FOR 1
YEAR AT BURUDGAON DEPO AHMEDNAGARrdquo
BIOMETHANATION PLANT
xii
Table of Contents
SECTION I INVITATION FOR TENDERS (IFT)
SECTION II INSTRUCTION TO TENDERERS
A Introduction
1 Eligible Tenderers
2 Cost of Tendering
B The Tender Documents
3 Contents of Tender Documents
4 Clarification of Tender Documents
5 Amendment of Tender Documents (l)
C Preparation of Tenders
6 Language of Tender
7 Documents Constituting the Tender
8 Tender Form
9 Tender Prices
10 Tender Currency
11 Documents Establishing Tenderers Eligibility and Qualifications
12 Documents Establishing Goods Eligibility and Conformity to Tender
Documents
13 Earnest Money Deposit
14 Period of Validity of Tenders
15 Format and Signing of Tender
D Submission of Bids
16 Bidding through E-Tendering System
17 Deadline for Submission of the Bids
18 Late Bids
19 Modification and Withdrawal of Bids
E Tender Opening and Evaluation of Tenders
20 Opening of Tenders by the Purchaser
21 Clarification of Tenders
23 Evaluation and Comparison of Tenders
24 Contacting the Purchaser
F Award of Contract
25 Post qualification
26 Award Criteria
27 Right to vary Quantities
BIOMETHANATION PLANT
xiii
28 Purchasers Right to Accept Any Tender and to Reject Any or All Tenders
29 Notification of Award
30 Signing of Contract
31 Performance Security
32 Corrupt or Fraudulent Practices
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information Inspection and Audit by the
Government
5 Patent Rights
6 Performance Security
7 Inspections and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in the Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
BIOMETHANATION PLANT
xiv
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
SECTION IV SPECIAL CONDITIONS OF CONTRACT
Special Conditions of Contract
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (Clause 27)
7 Notices (Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligations
12 Patent Rights
SECTION V SCHEDULE OF REQUIREMENTS
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
Annexure-1- Plant proposed
Annexure- 2 Other conditions
SECTION VII QUALIFICATION CRITERIA
SECTION VIII TENDER FORM
SECTION IX PRICE SCHEDULE FORMAT
SECTION X CONTRACT FORM
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
SECTION XII-Proforma for Performance Statement of Bidder
1
SECTION I INVITATION FOR TENDERS (IFT)
Date
No
The Ahmednagar Municipal Corporation (AMC) invites tenders from eligible tenderers for ldquoDesign supply installation erection
commissioning of Two Biomethanation plant of 5 TPD each
capacity with operation amp maintenance for 1 YEAR at Burudgaon
Depo Ahmednagarrdquo (place may be chamged as per necessory)
1 The tenderers shall submit tender for all the works under this
contract Part bidding of tender is not allowed
2 The Tender document is available online from e-portal and
bids are to be submitted online through the e-procurement portal
httpamcmaharashtraetendersin Bids submitted manually will
not be accepted One can view and download the tenders published
currently by logging on to httpamcmaharashtraetendersin
For submission of the bids the bidders are required to have Digital
Signature Certificate (DSC) from one of the authorized Certifying
Authorities as detailed in the website
31 Aspiring bidders who have not obtained the User ID and
Password for participating in e-tendering may obtain the same by
registering in the website The contractors once registered can
participate in any of the department tenders
32 The bidding is a single stage two cover system ie- two cover
system (First Cover (Technical) and Second Cover (Financial)) and
Operator to be selected on Least Cost Selection (LCS)
3 Bidders are required to pay online the tender processing fee as
detailed in the website
Note (The non-refundable Tender processing fee details is available
on the e-procurement website)
4 A Pre-bid Meeting will be held at the Office of ldquoCommissioner
Ahmednagar Municipal Corporationrdquo to clarify the issues and to
2
answer questions on any matter that may be raised at that stage as
stated in Clause 92 of lsquoInstructions to Biddersrsquo of the bidding
document
5 The last Date and time for receipt of bids through the e-
tendering portal httpamcmaharashtraetendersin and will be
opened as per e-portal from the last date and time of receipt of bids
If the office happens to be closed on the date of opening of the bids as
specified the bids will be opened on the next working day at the
same time and venue
6 Other details can be seen in the bidding documents
Note
The Employer shall not be held liable for any delays due to system
failure beyond its control Even though the system will attempt to
notify the bidders of any bid updates The Employer shall not be
liable for any information not received by the bidder It is the
biddersrsquo responsibility to verify the website for the latest information
related to the tender The bidder is required to ensure browser
compatibility of the computer well in advance to the last date and
time for receipt of the tenders The department shall not be
responsible for non-accessibility of e-procurement portal due to
internet connectivity issues and technical glitches
3
SECTION II INSTRUCTION TO TENDERERS
A Introduction
1 Eligible Tenderers
11 The tender is open to all bidders who satisfy the qualification
criteria
12 The tenderer should be a registered legal entity Joint ventures
are allowed
13 Tenderers should not be associated or have been associated in
the past directly or indirectly with a firm or any of its affiliates
which have been engaged by the Purchaser to provide consulting
services for the preparation of the design specifications and other
documents to be used for the procurement of the goods to be
purchased under this Invitation of Tenders
14 Tenderers shall not be under a declaration of ineligibility for
corrupt and fraudulent practices issued by Government of
Maharashtra or India
2 Cost of Tendering
21 The Tenderer shall bear all costs associated with the
preparation and submission of its tender and AMC hereinafter
referred to as the Purchaser will in no case be responsible or liable
for these costs regardless of the conduct or outcome of the tender
process
B The Tender Documents
3 Contents of Tender Documents
31 The goods required tendering procedures and contract terms
are prescribed in the tender documents In addition to the Invitation
for Tenders the tender documents include
a Instruction to Tenderers (ITT)
b General Conditions of Contract (GCC)
c Special Conditions of Contract (SCC)
d Schedule of Requirements
4
e Technical Specifications
f Tender Form and Price Schedules
g Earnest Money Deposit Form
h Contract Form
i Performance Security Form
j Performance Statement Form
32 The Tenderer is expected to examine all instructions forms
terms and specifications in the tender documents Failure to furnish
all information required by the tender documents or submission of a
tender not substantially responsive to the tender documents in every
respect will be at the Tendererrsquos risk and may result in rejection of its
tender
4 Clarification of Tender Documents
41 The electronic bidding system provides for online
clarifications A prospective tenderer requiring any clarification may
notify online the authority inviting the bid The authority-inviting bid
will respond to any request(s) for clarification received in writing up
to pre-bid meeting Description of clarification sought and the
response of the authority inviting the bid will be uploaded for
information of the public or other bidders without identifying the
source of request for clarification
The Tenderer or his official representative is invited to attend a pre-
bid meeting which will take place at the office of the ldquoCommissioner
Ahmednagar Municipal Corporationrdquo
42 The purpose of the meeting will be to clarify issues and to
answer questions on any matter that may be raised at that stage
43 The Tenderer is requested to submit any questions in written
addressed to the commissioner Ahmednagar Municipal Corporation
not later than day of pre-bid meeting
44 Minutes of the meeting including the text of the questions
raised (without identifying the source of enquiry) and the responses
given will be uploaded on the website
httpamcmaharashtraetendersin Any modification of the
5
bidding documents which may become necessary as a result of the
pre-bid meeting shall be made by the Purchaser exclusively through
the issue of an Addendum in pursuant to Clause 5 of IT Band
45 Non-attendance at the pre-bid meeting will not be a cause for
disqualification of a bidder
5 Amendment of Tender Documents (l)
51 At any time prior to the deadline for submission of tenders the
Purchaser may for any reason whether at its own initiative or in
response to a clarification requested by a prospective tenderer
modify the tender documents by amendment
52 The addendum will appear on the web page of the website
httpamcmaharashtraetendersin
53 In order to allow prospective tenderers reasonable time in
which to take the amendment into account in preparing their
tenders the Purchaser at its discretion may extend the deadline for
the submission of tenders
C Preparation of Tenders
6 Language of Tender
61 The tender prepared by the Tenderer as well as all
correspondence and documents relating to the tender exchanged by
the Tenderer and the Purchaser shall be written in English language
Supporting documents and printed literature furnished by the
Tenderer may be in another language provided they are
accompanied by an accurate translation of the relevant passages in
the English language in which case for purposes of interpretation of
the Tender the translation shall govern
7 Documents Constituting the Tender
a Technical Cover
The bidding is a single stage two cover system (First Cover
(Technical) and Second Cover (Financial)) and Successful Bidder to
be selected on Least Cost Selection (LCS) The bidder shall attach the
detailed technical specification of the machines proposed by him in
6
the technical bid The bidder shall attach the flow chart and detailed
proposed Biomethnation plant in the technical bid
The technical proposal will be evaluated and the proposal which are
found technically sound and satisfy other eligibility criteria shall be
called for presentation before the committee If committee finds the
offer technically viable the bidder shall be technically qualified
71 While preparing the Technical Tender Operator is expected to
examine the documents comprising this bid document Material
deficiencies in providing the information requested may result in
rejection of a tender The tender prepared by the Tenderer shall
comprise the following components
a) Documentary evidence established in accordance with ITT
Clause 11 that the Tenderer is eligible to tender and is qualified to
perform the contract if its tender is accepted
b) Documentary evidence established in accordance with ITT
Clause 12 that the goods and ancillary services to be supplied by the
Tenderer are eligible goods and services and conform to the tender
documents and
c) Earnest money deposit furnished in accordance with ITT
Clause 13
8 Tender Form
81 The Tenderer shall complete the Tender Form and the Price
Schedule furnished in the tender documents indicating the goods to
be supplied a brief description of the Design Supply Installation
Erection commissioning and Operation amp Maintenance of Municipal
Solid Waste Treatment Equipmentrsquos and Machineries their country of
origin quantity and prices
b Financial Cover
9 Tender Prices
91 The Tenderer shall indicate on the Price Schedule of the unit
prices and total tender prices of the Design supply installation
7
erection commissioning of Two Biomethanation plant of 5 TPD each
capacity with operation amp maintenance for 1 YEAR at Burudgaon
Depo Ahmednagar
92 Tenderers shall quote for the complete requirement of
processing machinery with vehicles goods and services specified
under single responsibility basis The least bidder shall be awarded
the work
93 Prices indicated on the Price Schedule shall be inclusive of the
following
(i) The price of the goods and services quoted (proposed
Biomethanation Plant including Design Supply Installation erection
commissioning and Operation amp Maintenance as applicable) shall
include all duties and sales and other taxes already paid or payable
by the tenderer
(ii) Any duties sales and other taxes which will be payable on the
goods shall be borne by the contractor if this Contract is awarded
(iii) The price for inland transportation insurance and other local
costs incidental to delivery of the goods to their final destination and
(iv) Cost towards erection and commissioning at site including
foundation
94 Prices quoted by the Tenderer shall be fixed during the
Tendererrsquos performance of the Contract and not subject to variation
on any account A tender submitted with an adjustable price
quotation will be treated as non- responsive and rejected pursuant
to ITT Clause 22
10 Tender Currency
101 Prices shall be quoted in Indian Rupees
11 Documents Establishing Tenderers Eligibility and
Qualifications
111 Pursuant to ITT Clause 7 the Tenderer shall furnish as part of
its Tender documents establishing the Tendererrsquos eligibility to
8
tender and its qualifications to perform the Contract if its tender is
accepted
112 The documentary evidence of the Tenderers qualifications to
perform the Contract if its tender is accepted shall establish to the
Purchasers satisfaction
a) That the average financial turnover of the bidder is 1 crore
in last 3 financial years
b) That The tenderer must have experience of Supply
installation and Commissioning of at least one Bio methanation
plant of 5 TPD capacity in India within last 1 years
Or
b) The bidder must have technology transfer agreement with
BARC (Bhabha Atomic Research Center ) for Biomethanation
plant
Bidder are required to submit Work order copies and
ExecutionCompletion Certificate Technology Transfer Certificate
from BARC AMC may call for original certificates for verification
12 Documents Establishing Goods Eligibility and Conformity
to Tender Documents
121 Pursuant to ITB Clause 7 the Tenderer shall furnish as part of
its tender documents establishing the eligibility and conformity to
the tender documents of all goods and services which the tenderer
proposes to supply under the contract
122 The documentary evidence of conformity of the goods and
services to the tender documents may be in the form of literature
drawings and data and shall consist of
a) a detailed description of the proposed essential technical and
performance characteristics of the goods and machines
b) a list giving full particulars including available sources and
current prices of spare parts special tools etc necessary for the
9
proper and continuing functioning of the goods for a period of one
years following commencement of the use of the goods by the
Purchaser and
c) an item-by-item commentary on the Purchasers Technical
Specifications demonstrating substantial responsiveness of the goods
and services to those specifications or a statement of deviations and
exceptions to the provisions of the Technical Specifications
123 For purposes of the commentary to be furnished pursuant to
ITT Clause 122(c) above the Tenderer shall note that standards for
workmanship material and equipment and references to brand
names or catalogue numbers designated by the Purchaser in its
Technical Specifications are intended to be descriptive only and not
restrictive The Tenderer may substitute alternative standards brand
names andor catalogue numbers in its tender provided that it
demonstrates to the Purchasers satisfaction that the substitutions
ensure substantial equivalence to those designated in the Technical
Specifications
13 Earnest Money Deposit
131 Pursuant to ITT Clause 7 the Tenderer shall furnish as part of
its tender earnest money deposit in the amount as specified in
Section-V - Schedule of Requirements
132 The earnest money deposit is required to protect the Purchaser
against the risk of Tenderers conduct which would warrant the
securitys forfeiture pursuant to ITB Clause 137
133 The earnest money deposit shall be denominated in Indian
Rupees and shall be paid online only on the portal
134 Any tender not secured in accordance with ITT Clauses 131
and the Purchaser as non-responsive pursuant to ITT Clause 22 will
reject 133 above
135 Unsuccessful Tenderers earnest money deposit will be
dischargedreturned as promptly as possible but not later than 30
days after the expiration of the period of tender validity prescribed
by the Purchaser pursuant to ITT Clause 14
10
136 The successful Tenderers earnest money deposit will be
discharged upon the Tenderer signing the Contract pursuant to ITT
Clause 30 and furnishing the performance security pursuant to ITB
Clause 31
137 The tender security may be forfeited
(a) if a Tenderer (i) withdraws its tender during the period of
tender validity specified by the Tenderer on the Tender Form or (ii)
does not accept the correction of errors pursuant to ITT Clause 222
or
(b) in case of a successful Tenderer if the Tenderer fails (i) to sign
the Contract in accordance with ITT Clause 30 or (ii) to furnish
performance security in accordance with ITT Clause 31
14 Period of Validity of Tenders
141 Tenders shall remain valid for 120 days after the deadline for
submission of tenders prescribed by the Purchaser pursuant to ITT
Clause 17 A tender valid for a shorter period shall be rejected by the
Purchaser as non-responsive
142 In exceptional circumstances the Purchaser may solicit the
Tenderers consent to an extension of the period of validity The
request and the responses thereto shall be made in writing (or by
cable or telex or fax) The earnest money deposit provided under ITT
Clause 13 shall also be suitably extended A Tenderer may refuse the
request without forfeiting its earnest money deposit A Tenderer
granting the request will not be required nor permitted to modify its
tender
15 Format and Signing of Tender
151 Bidders shall submit offers that comply with the requirements
of the bidding documents including the basic technical design as
indicated in the drawing and specifications Alternatives will not be
considered
11
D Submission of Bids
16 Bidding through E-Tendering System
161 The tendering under this contract is electronic bid submission
through website httpamcmaharashtraetendersin Detailed
guidelines for viewing bids and submission of online bids are given
on the website The Invitation for Tenders is published on this
website Any citizen or prospective tenderer can logon to this
website and view the Invitation for Tenders and can view the details
of works for which bids are invited The prospective tenderer can
submit tenders online however the bidder is required to have
enrolmentregistration in the website and should have valid Digital
Signature Certificate (DSC) The DSC can be obtained from any
authorized certifying agencies The tenderer should register in the
web site httpamcmaharashtraetendersin After this the
tenderer can login the site through the secured login Bidders are
requested to go through the bid documents carefully and submit the
required information without exception otherwise bids will be
rejected
162 The completed tender should be uploaded on the website
given above through e-tendering along with scanned copies of
requisite certificates as are mentioned in different sections in the
bidding document and scanned copy of the Bid Security No financial
quote shall be uploaded as part of the Technical Bid
163 The bidder shall submit online the requirements under
qualification criteria and Technical and Financial parts The contents
of the Post Qualification and Technical and Financial bid shall be as
specified in ITT After electronic on line bid submission the system
generates a unique bid reference number which is time stamped
This shall be treated as acknowledgement of bid submission
17 Deadline for Submission of the Bids
171 Bids must be received by the Employer online not later than
the due date as specified in the online portal
172 The Employer may extend the deadline for submission of bids
by issuing an amendment in accordance with Clause 5 in which case
12
all rights and obligations of the Employer and the bidders previously
subject to the original deadline will then be subject to the new
deadline
18 Late Bids
181 The electronic bidding system would not allow any late
submission of bids after due date and time as per server time
19 Modification and Withdrawal of Bids
191 Tenderers may modify their bids online before the deadline
prescribed in Clause 17 for bid modification and consequential re-
submission
192 No tenders may be modified after the deadline for submission
of Bids
193 Withdrawal or modification of a tender between the deadline
for submission of tender and the expiration of the original period of
bid validity specified in Clause 141 above or as extended pursuant to
Clause 142 is not allowed in the e-procurement system If a tenderer
does the same through any other medium then it may result in the
forfeiture of the Tender security pursuant to Clause 137
E Tender Opening and Evaluation of Tenders
20 Opening of Tenders by the Purchaser
201 The Purchaser will open all the Technical Cover in the
presence of Tenderersrsquo representatives who choose to attend as per
e-portal
The Tendererrsquos representatives who are present shall sign a register
evidencing their attendance In the event of the specified date of
Tender opening being declared a holiday for the Purchaser the
tenders shall be opened at the appointed time and location on the
next working day
202 The Tendererrsquos names tender modifications or withdrawals
tender prices discounts and the presence or absence of requisite
tender security and such other details as the Purchaser at its
discretion may consider appropriate will be announced at the
opening No tender shall be rejected at tender opening except for late
13
tenders which shall be returned unopened to the Tenderer pursuant
to ITT Clause 18
203 Tenders (and modifications sent pursuant to ITT Clause 192)
that are not opened and read out at tender opening shall not be
considered further for evaluation irrespective of the circumstances
204 The Purchaser will prepare minutes of the tender opening The
Financial Bid of the successful bidders only will be opened after
completion of technical bid evaluation
21 Clarification of Tenders
During evaluation of tenders the Purchaser may at its discretion ask
the Tenderer for a clarification of its tender The request for
clarification and the response shall be in writing and no change in
prices or substance of the tender shall be sought offered or
permitted
22 Preliminary Examination
221 The Purchaser will examine the technical bid to determine
whether they are complete whether required sureties have been
furnished and whether the tenders are generally in order
2211 The evaluation committee appointed by the Employer as
a whole and each of its members individually will evaluate the
Technical Bids on the basis of their responsiveness to the ITB A Bid
shall be rejected at this stage if it does not respond to important
aspects of the Bid Document
222 After the evaluation of technical Bid is completed the
Purchaser shall notify those bidders whose Bids meet the
qualification criteria as detailed in Section VII or were considered
responsive to the bid document indicating that the presentation has
to be made by their company After presentation by the company the
committee members or the person authorized by the commissioner
may visit the plant established by the bidder The bidder to whom the
committee is satisfied with the documents and the presentation and
the site visit if required will be informed as technically qualified
bidders
14
223 The financial bid opening date shall not be informed to the
technically disqualified bidders
2231 The Financial Cover shall be opened publicly in the
presence of the bidders representatives who choose to attend The
bid opening shall be online only
2232 The evaluation committee will determine whether the
Financial Bids are complete correct any computational errors
Arithmetical errors will be rectified on the following basis If there is
a discrepancy between the unit price and the total price that is
obtained by multiplying the unit price and quantity the unit price
shall prevail and the total price shall be corrected If there is a
discrepancy between words and figures the lower of the two will
prevail If the Bidder does not accept the correction of errors its
tender will be rejected and its tender security may be forfeited
2233 All necessary civil work and other related works for
Biomethanation plant is to be done by the successful bidder AMC
shall provide the land road upto the plant site electric connection
upto the plant site AMC shall provide approximately 5 TPD non-veg
organic waste and 5 TPD organic (Veg) waste as feed for each
seperate plant
2234 During the contract period and always the processing
plant machines land and civil works shall be the property of AMC At
the time of handover of the plant to AMC the contractor shall
handover the plant in good running condition If it is found that the
plant is inoperative or needs any repairs and maintenance the
contractor should either repair it to satisfaction of the AMC or if AMC
get it done by its own resources the amount shall be deducted from
the performance security deposit submitted by the contractor
2235 This biding is called for Burudgaon Depo location The
selection procedure of the successful bidder shall be as under
a Whereas successful bidder shall be the bidder quoting lowest for
the Supply Installation Erection commissioning and Operation amp
Maintenance of Municipal Solid Waste Treatment Equipmentrsquos and
Machineries (L-1)
15
b The cost of the MSW Plant and allied accessories for operation
of the plant quoted by the bidder shall be paid by the AMC as per the
payment schedule given in the tender document The value of the
processing plant and allied accessories wit OampM quoted by the
bidder shall be the sole bidding criteria for the tender
c The successful contractor shall not be paid any kind tipping
fees for operating the plant The contractor shall sell the products
(GasElectricitycompostothers) recovered from the processing of
the waste to recover the operation and maintenance cost and the
profits
224 Term of Contract
The term of the contract shall be 1 YEAR and can be renewed for a
similar term if the performance of the contractor is satisfactory
225 Scope of Work
The scope of the work shall be processing of the 5 + 5 TPD waste for
each site (two sites)received at site The rejects from the processing
should not be more than 15 of the total waste The rejects shall be
kept at one side of the site from where the CampT contractor shall lift
the waste and transport it to landfill site
226 Prior to the detailed evaluation pursuant to ITB Clause 23 the
Purchaser will determine the substantial responsiveness of each
tender to the tender documents For purposes of these Clauses a
substantially responsive tender is one which conforms to all the
terms and conditions of the tender documents without material
deviations Deviations from or objections or reservations to critical
provisions such as those concerning Performance Security (GCC
Clause 6) Warranty (GCC Clause 14) Force Majeure (GCC Clause 24)
Limitation of liability (GCC Clause 28) Applicable law (GCC Clause
30) and Taxes amp Duties (GCC Clause 32) will be deemed to be a
material deviation The Purchasers determination of a tenders
responsiveness is to be based on the contents of the tender itself
without recourse to extrinsic evidence
16
227 If a tender is not substantially responsive it will be rejected by
the Purchaser and may not subsequently be made responsive by the
Tenderer by correction of the non-conformity
23 Evaluation and Comparison of Tenders
231 The Purchaser will evaluate and compare the tenders which
have been determined to be substantially responsive pursuant to ITT
Clause 22 for each schedule separately No tender will be considered
if the complete requirements covered in the schedule is not included
in the tender However as stated in ITT Clause 9 The tenderer shall
quote his final prices taken into account all discounts
24 Contacting the Purchaser
241 Subject to ITT Clause 21 no Tenderer shall contact the
Purchaser on any matter relating to its tender from the time of the
tender opening to the time the Contract is awarded If the tenderer
wishes to bring additional information to the notice of the purchaser
it should do so in writing
242 Any effort by a Tenderer to influence the Purchaser in its
decisions on tender evaluation tender comparison or contract award
may result in rejection of the Tenderers tender
F Award of Contract
25 Post qualification
251 In the absence of prequalification the Purchaser will determine
to its satisfaction whether the Tenderer that is selected as having
submitted the lowest evaluated responsive tender meets the criteria
specified in ITT Clause 112 (b) and is qualified to perform the
contract satisfactorily
252 The determination will take into account the Tenderers
financial technical and production capabilities It will be based upon
an examination of the documentary evidence of the Tenderers
qualifications submitted by the Tenderer pursuant to ITT Clause 11
as well as such other information as the Purchaser deems necessary
and appropriate
26 Award Criteria
17
261 Subject to ITT Clause 28 the Purchaser will award the Contract
to the successful Tenderer whose tender has been determined to be
substantially responsive and has been determined as the lowest
evaluated tender provided further that the Tenderer is determined
to be qualified to perform the Contract satisfactorily
27 Right to vary Quantities
271 The contractor shall have to erect the machines proposed by
him in the technical bid and presentation However during the
contract duration for better performance of the processing plant the
contractor shall be free to add the machines vehicles and civil works
at no cost to AMC The contractor shall not be allowed to sell the
installed machines as AMC has already paid the contractor for the
machines and ownership of the machines always lies with the AMC
28 Purchasers Right to Accept Any Tender and to Reject Any
or All Tenders
281 The Purchaser reserves the right to accept or reject any tender
and to annul the tendering process and reject all tenders at any time
prior to contract award without thereby incurring any liability to the
affected Tenderer or Tendererrsquos
29 Notification of Award
291 Prior to the expiration of the period of tender validity the
Purchaser will notify the successful tenderer in writing by registered
letter or by cabletelex or fax to be confirmed in writing by
registered letter that its tender has been accepted
292 The notification of award will constitute the formation of the
Contract
293 Upon the successful Tenderers furnishing of performance
security pursuant to ITT Clause 31 the Purchaser will promptly
notify the name of the winning Tenderer to each unsuccessful
Tenderer and will discharge its earnest money deposit pursuant to
ITT Clause 13
30 Signing of Contract
18
301 At the same time as the Purchaser notifies the successful
tenderer that its tender has been accepted the Purchaser will send
the Tenderer the Contract Form provided in the tender documents
incorporating all agreements between the parties
302 Within 21 days of receipt of the Contract Form the successful
Tenderer shall sign and date the Contract and return it to the
Purchaser
31 Performance Security
311 Within 21 days of the receipt of notification of award from the
Purchaser the successful Tenderer shall furnish the performance
security of 3 of the cost of the machines and equipments
quoted by him The performance security shall be in form of Bank
guarantee 2 payment shall be deducted from each payment which
will make the total performance security to 5 The performance
security shall be released at the end of the contract period
312 Failure of the successful Tenderer to comply with the
requirement of ITT Clause 302 or ITT Clause 311 shall constitute
sufficient grounds for the annulment of the award and forfeiture of
the earnest money deposit in which event the Purchaser may make
the award to the next lowest evaluated Tenderer or call for new
tenders
32 Corrupt or Fraudulent Practices
321 The Government requires that Tendererrsquos Bidders
Contractors observe the highest standard of ethics during the
procurement and execution of Government financed contracts In
pursuance of this policy the Government
(a) defines for the purposes of this provision the terms set forth
as follows
(i) ldquocorrupt practicerdquo means the offering giving receiving or
soliciting of any thing of value to influence the action of a public
official in the procurement process or in contract execution and
(ii) ldquofraudulent practicerdquo means a misrepresentation of facts in
order to influence a procurement process or the execution of a
contract to the detriment of the Government and includes collusive
19
practice among Tenderers (prior to or after tender submission)
designed to establish tender prices at artificial non-competitive
levels and to deprive the Government of the benefits of free and open
competition
(b) will reject a proposal for award if it determines that the
Tenderer recommended for award has engaged in corrupt or
fraudulent practices in competing for the contract in question
(c) will declare a firm ineligible either indefinitely or for a stated
period of time to be awarded a Government financed contract if it at
any time determines that the firm has engaged in corrupt or
fraudulent practices in competing for or in executing a Government-
financed contract
322 Furthermore Tenderers shall be aware of the provision stated
in sub-clause 44 and sub-clause 231 of the General Conditions of
Contract
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
Clause Number Topic
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information
Inspection and Audit by Government
5 Patent Rights
6 Performance Security
7 Inspection and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
20
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
21
General Conditions of Contract
1 Definitions
11 In this Contract the following terms shall be interpreted as
indicated
a The Contract means the agreement entered into between the
Purchaser and the Bidder as recorded in the Contract Form signed
by the parties including all the attachments and appendices thereto
and all documents incorporated by reference therein
b The Contract Price means the price payable to the Bidder
under the Contract for the full and proper performance of its
contractual obligations
c The Goods means all the equipment machinery andor other
materials which the Bidder is required to supply to the Purchaser
under the Contract
d Services means services ancillary to the supply of the Goods
such as transportation and insurance and any other incidental
services such as installation commissioning provision of technical
assistance training and other obligations of the Bidder covered
under the Contract
e ldquoGCCrdquo means the General Conditions of Contract contained in
this section
f ldquoSCCrdquo means the Special Conditions of Contract
g ldquoThe Purchaserrdquo means the organization purchasing the Goods
as named in SCC
h ldquoThe Purchaserrsquos countryrdquo is the country named in SCC
i ldquoThe Bidderrdquo means the individual or firm supplying the Goods
and Services under this Contract
j ldquoThe Governmentrdquo means the Government of Maharashtra
State
k ldquoThe Project Siterdquo where applicable means the place or places
named in SCC
l ldquoDayrdquo means calendar day
2 Application
22
21 These General Conditions shall apply to the extent that
provisions in other parts of the Contract do not supersede them
3 Standards
31 The Goods and machines supplied under this Contract shall
conform to the standards mentioned in the Technical Specifications
given in the technical bid of the bidder and when no applicable
standard is mentioned to the authoritative standard appropriate to
the Goods country of origin and such standards shall be the latest
issued by the concerned institution
4 Use of Contract Documents and Information Inspection
and Audit by the Government
41 The Bidder shall not without the Purchasers prior written
consent disclose the Contract or any provision thereof or any
specification plan drawing pattern sample or information furnished
by or on behalf of the Purchaser in connection therewith to any
person other than a person employed by the Bidder in performance
of the Contract Disclosure to any such employed person shall be
made in confidence and shall extend only so far as may be necessary
for purposes of such performance
42 The Bidder shall not without the Purchaserrsquos prior written
consent make use of any document or information enumerated in
GCC Clause 41 except for purposes of performing the contract
43 Any document other than the Contract itself enumerated in
GCC Clause 41 shall remain the property of the Purchaser and shall
be returned (in all copies) to the Purchaser on completion of the
Bidderrsquos performance under the Contract if so required by the
Purchaser
44 The Bidder shall permit the Government to inspect the Bidderrsquos
accounts and records relating to the performance of the Bidder and
to have them audited by auditors appointed by the Government if so
required by the Government
5 Patent Rights
23
51 The Bidder shall indemnify the Purchaser against all third-
party claims of infringement of patent trademark or industrial
design rights arising from use of the Goods or any part thereof in
India
6 Performance Security
61 Within 21 days of receipt of the notification of contract award
the Bidder shall furnish Performance Security to the Purchaser for an
amount of 5 of the Contract Value valid up to 30 days after the date
of completion of Contract
62 The proceeds of the performance security shall be payable to
the Purchaser as compensation for any loss resulting from the
Bidderrsquos failure to complete its obligations under the Contract
63 The Performance Security shall be denominated in Indian
Rupees and shall be in one of the following forms
a) A Bank guarantee issued by a NationalizedScheduled bank in
the form provided in the tender documents or another form
acceptable to the Purchaser or
b) Crossed demand draft or pay order drawn in favor of the
Purchaser or
64 The Performance Security will be discharged by the Purchaser
and returned to the Bidder not later than 60 days following the date
of completion of the Bidderrsquos performance obligations including any
Warranty obligations under the Contract
7 Inspections and Tests
71 The Purchaser or its representative shall have the right to
inspect andor to test the Goods to confirm their conformity to the
Contract specifications at no extra cost to the Contractor
72 The contractor shall conduct third party inspection from any of
the inspection agency approved by Government of India The cost of
the inspection should be paid by the contractor and no
reimbursement shall be made by AMC for the inspection The
inspection shall be done on the basis of the technical bid submitted
by the tenderer or the approved machines and drawings by AMC
24
73 The inspections and tests may be conducted on the premises of
the Bidder or its subcontractor(s) at point of delivery andor at the
Goods final destination If conducted on the premises of the Bidder or
its subcontractor(s) all reasonable facilities and assistance including
access to drawings and production data - shall be furnished to the
inspectors at no charge to the Purchaser
74 Should any inspected or tested Goods fail to conform to the
specifications the Purchaser may reject the goods and the Bidder
shall either replace the rejected Goods or make alterations necessary
to meet specification requirements free of cost to the Purchaser
75 The Purchasers right to inspect test and where necessary
reject the Goods after the Goods arrival at Project Site shall in no
way be limited or waived by reason of the Goods having previously
been inspected tested and passed by the Purchaser or its
representative prior to the Goods shipment
76 Nothing in GCC Clause 7 shall in any way release the Bidder
from any warranty or other obligations under this Contract
77 Manuals and Drawings
771 Before the goods and equipment are taken over by the
Purchaser the Bidder shall supply operation and maintenance
manuals together with drawings of the goods and equipment These
shall be in such detail as will enable the Purchaser to operate
maintain adjust and repair all parts of the equipment as stated in the
specifications
772 The manuals and drawings shall be in the ruling language
(English) and in such form and numbers as stated in the contract
773 Unless and otherwise agreed the goods and equipment shall
not be considered to be completed for the purpose of taking over
until such manuals and drawings have been supplied to the
Purchaser
8 Packing
25
81 The packing of the goods may not be required however the
documents like operational manual and list of equipments shall be
submitted in two copies in booklet form
9 Delivery and Documents
91 Delivery of the Goods shall be made by the Bidder in
accordance with the terms specified by the Purchaser in the
Notification of Award The bills for the machines shall be submitted
in duplicate The bills for only those equipment will be accepted
whose delivery at site has been done by the bidder
10 Insurance
101 It will the responsibility of the contractor that the Goods and
machines supplied under the Contract shall be fully insured by the
contractor in Indian Rupees against loss or damage incidental to
manufacture or acquisition transportation storage and delivery for
complete duration of the contract For delivery of goods at site the
insurance shall be obtained by the Bidder in an amount equal to
110 of the value of the goods from ldquowarehouse to warehouserdquo
(final destinations) on ldquoAll Risksrdquo basis including War risks and
Strikes
11 Transportation
111 Where the Bidder is required under the Contract to transport
the Goods to a specified place of destination within India defined as
Project site the Bidder as shall be specified in the Contract shall
arrange transport to such place of destination in India including
insurance and the related cost shall be included in the Contract Price
12 Incidental Services
121 The Bidder may be required to provide any or all of the
following services including additional services if any specified in
SCC
a performance or supervision of the on-site assembly andor
start-up of the supplied Goods
b furnishing of tools required for assembly andor maintenance
of the supplied Goods
26
c furnishing of detailed operations and maintenance manual for
each appropriate unit of supplied Goods
d performance or supervision or maintenance andor repair of
the supplied Goods for a period of time agreed by the parties
provided that this service shall not relieve the Bidder of any
warranty obligations under this Contract and
e training of the Purchasers personnel at the Bidderrsquos plant
andor on-site in assembly start-up operation maintenance andor
repair of the supplied Goods
f detailed specifications of each equipment in detail to be
provided
g arrangement of required vehicles and implements for loading
amp unloading of Equipment at Facilities and other required infra for
assembling of equipment
122 Prices charged by the Bidder for incidental services if not
included in the Contract Price for the Goods shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates
charged to other parties by the Bidder for similar services
13 Spare Parts
131 As specified in the SCC the contractor shall be required to
provide any or all of the materials and spare parts at no cost to AMC
132 The Bidder shall carry sufficient inventories to assure ex-stock
supply of consumable spares for the Goods such as gaskets plugs
washers belts etc
14 Warranty
141 The Bidder warrants that the Goods supplied under this
Contract are new unused of the most recent or current models and
that they incorporate all recent improvements in design and
materials unless provided otherwise in the Contract The Bidder
further warrants that all Goods supplied under this Contract shall
have no defect arising from design materials or workmanship
(except when the design andor material is required by the
Purchasers Specifications) or from any act or omission of the Bidder
that may develop under normal use of the supplied Goods in the
conditions prevailing in the country of final destination
27
142 This warranty shall remain valid for 12 months after all the
sections of the entire plant have been delivered and successfully
commissioned and desired outputs are achieved as indicated in the
Contract Although section wise commissioning is proposed the
warranty will come into effect only after completion of all the
sections The Bidder shall in addition comply with the performance
andor consumption guarantees specified under the Contract If for
reasons attributable to the Bidder these guarantees are not attained
in whole or in part the Bidder shall at its discretion either
a make such changes modifications andor additions to the
Goods or any part thereof as may be necessary in order to attain the
contractual guarantees specified in the Contract at its own cost and
expense and to carry out further performance tests in accordance
with SCC Clause 2 OR
b pay liquidated damages to the Purchaser with respect to the
failure to meet the contractual guarantees The rate of these
liquidated damages shall be as specified in the Technical
Specifications
143 If the Bidder having been notified fails to remedy the defect(s)
within 15 days the Purchaser may proceed to take such remedial
action as may be necessary at the Bidderrsquos risk and expense and
without prejudice to any other rights which the Purchaser may have
against the Bidder under the Contract
15 Payment
151 The method and conditions of payment to be made to the
Bidder under this Contract shall be specified in the SCC
152 The Bidderrsquos request(s) for payment shall be made to the
Purchaser in writing accompanied by an invoice describing as
appropriate the Goods delivered and the Services performed and by
documents submitted pursuant to GCC Clause 9 and upon fulfillment
of other obligations stipulated in the contract
153 Payments shall be made promptly by the Purchaser but in no
case later than thirty (30) days after submission of the invoice or
claim by the Bidder
28
154 Payment shall be made in Indian Rupees
16 Prices
161 Prices payable to the Bidder as stated in the contract shall be
firm during the performance of the contract
17 Change Orders
171 The Purchaser may at any time by written order given to the
Bidder pursuant to GCC Clause 31 make changes within the general
scope of the Contract in any one or more of the following
a drawings designs or specifications where Goods to be
furnished under the Contract are to be specifically manufactured for
the Purchaser
b the Services to be provided by the Bidder
172 If any such change causes an increase or decrease in the cost of
or the time required for the Bidderrsquos performance of any provisions
under the Contract an equitable adjustment shall be made in the
Contract Price or delivery schedule or both and the Contract shall
accordingly be amended Any claims by the Bidder for adjustment
under this clause must be asserted within thirty (30) days from the
date of the Bidderrsquos receipt of the Purchasers change order
18 Contract Amendments
181 Subject to GCC Clause 17 no variation in or modification of the
terms of the Contract shall be made except by written amendment
signed by the parties
19 Assignment
191 The Bidder shall not assign in whole or in part its obligations
to perform under the Contract except with the Purchasers prior
written consent
20 Subcontracts
201 Any subcontracting work should be done after confirmation of
the same from the AMC
21 Delays in the Bidderrsquos Performance
29
211 Delivery of the Goods and performance of the Services shall be
made by the Bidder in accordance with the time schedule specified
by the Purchaser in the Schedule of Requirements
212 If at any time during performance of the Contract the Bidder or
its sub-contractor(s) should encounter conditions impeding timely
delivery of the Goods and performance of Services the Bidder shall
promptly notify the Purchaser in writing of the fact of the delay its
likely duration and its cause(s) As soon as practicable after receipt of
the Bidderrsquos notice the Purchaser shall evaluate the situation and
may at its discretion extend the Bidderrsquos time for performance with
or without liquidated damages in which case the extension shall be
ratified by the parties by amendment of the Contract
213 Except as provided under GCC Clause 24 a delay by the Bidder
in the performance of its delivery obligations shall render the Bidder
liable to the imposition of liquidated damages pursuant to GCC
Clause 22 unless an extension of time is agreed upon pursuant to
GCC Clause 212 without the application of liquidated damages
22 Liquidated Damages
221 Subject to GCC Clause 24 if the Bidder fails to deliver any or all
of the Goods or to perform the Services within the period(s) specified
in the Contract the Purchaser shall without prejudice to its other
remedies under the Contract deduct from the Contract Price as
liquidated damages a sum equivalent to 2 of the delivered price of
the delayed Goods or unperformed Services for each week or part
thereof of delay until actual delivery or performance up to a
maximum deduction of 10 of the Contract Price Once the
maximum is reached the Purchaser may consider termination of the
Contract pursuant to GCC Clause 23 Liquidated Damages is applicable
only up to commission and trial run period and not applicable to AMC
phase of the Contract
23 Termination for Default
30
231 The Purchaser may without prejudice to any other remedy for
breach of contract by written notice of default sent to the Bidder
terminate the Contract in whole or part
a if the Bidder fails to deliver any or all of the Goods within the
period(s) specified in the Contract or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 21 or
b if the Bidder fails to perform any other obligation(s) under the
Contract
c If the Bidder in the judgement of the Purchaser has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract
For the purpose of this Clause
ldquoCorrupt practicerdquo means the offering giving receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution
ldquofraudulent practicerdquo means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition
232 In the event the Purchaser terminates the Contract in whole or
in part pursuant to GCC Clause 231 the Purchaser may procure
upon such terms and in such manner as it deems appropriate Goods
or Services similar to those undelivered and the Bidder shall be
liable to the Purchaser for any excess costs for such similar Goods or
Services However the Bidder shall continue the performance of the
Contract to the extent not terminated
24 Force Majeure
241 Not with standing the provisions of GCC Clauses 21 22 23 the
Bidder shall not be liable for forfeiture of its performance security
liquidated damages or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
BIOMETHANATION PLANT
ix
use of the Services provided by through it will not result in theft andor unauthorized use of data over the Internet
4 The Merchant the Payment Gateway Service Provider(s) and its affiliates and associates shall not be liable at any time for any failure of performance error omission interruption deletion defect delay in operation or transmission computer virus communications line failure theft or destruction or unauthorized access to alteration of or use of information contained on the Website
5 The User may be required to create his her own User ID and Password in order to register and or use the Services provided by Merchant on the Website By accepting these Terms and Conditions the User agrees that his her User ID and Password are very important pieces of information and it shall be the Userrsquos own responsibility to keep them secure and confidential In furtherance hereof the User agrees to
Choose a new password whenever required for security reasons Keep his her User ID amp Password strictly confidential Be responsible for any transactions made by User under such User ID and Password
The User is hereby informed that Merchant will never ask the User for the Userrsquos password in an unsolicited phone call or in an unsolicited email The User is hereby required to sign out of his her Merchant account on the Website and close the web browser window when the transaction(s) have been completed This is to ensure that others cannot access the Userrsquos personal information and correspondence when the User happens to share a computer with someone else or is using a computer in a public place like a library or Internet cafeacute
DebitCredit Card Bank Account Details
The User agrees that the debitcredit card details provided by him her for use of the aforesaid Service(s) must be correct and accurate and that the User shall not use a debit credit card that is not lawfully owned by him her or the use of which is not authorized by the lawful owner thereof The User further agrees and undertakes to provide correct and valid debitcredit card details
The User may make his her payment(Tender FeeEarnest Money deposit) to Merchant by using a debitcredit card or through online banking account The User warrants agrees and confirms that when he she initiates a payment transaction andor issues an online payment instruction and provides his her card bank details
The User is fully and lawfully entitled to use such credit debit card bank account for such transactions
The User is responsible to ensure that the card bank account details provided by
him her are accurate The User is authorizing debit of the nominated card bank account for the payment of
Tender Fee and Earnest Money Deposit The User is responsible to ensure sufficient credit is available on the nominated card
bank account at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by the User inclusive of the applicable Fee
Personal Information
The User agrees that to the extent required or permitted by law Merchant and or the Payment Gateway Service Provider(s) may also collect use and disclose personal information in connection with security related or law enforcement investigations or in the course of cooperating with authorities or complying with legal requirements
BIOMETHANATION PLANT
x
The User agrees that any communication sent by the User vide e-mail shall imply release of
information therein therewith to Merchant The User agrees to be contacted via e-mail on such mails initiated by him her
In addition to the information already in the possession of Merchant and or the Payment Gateway Service Provider(s) Merchant may have collected similar information from the User in the past By entering the Website the User consents to the terms of Merchantrsquos information privacy policy and to our continued use of previously collected information By submitting the Userrsquos personal information to us the User will be treated as having given hisher permission for the processing of the Userrsquos personal data as set out herein
The User acknowledges and agrees that his her information will be managed in accordance with the laws for the time in force
Payment Gateway Disclaimer
The Service is provided in order to facilitate payment of Tender FeesEarnest Money Deposit online The Merchant or the Payment Gateway Service Provider(s) do not make any representation of any kind express or implied as to the operation of the Payment Gateway other than what is specified in the Website for this purpose By accepting agreeing to these Terms and Conditions the User expressly agrees that his her use of the aforesaid online payment service is entirely at own risk and responsibility of the User
The EMD if applicable will be paid via online mode or if exemption certificate is available then
valid certificate of exemption from payment of earnest money should be Scanned from
original copy Additional (Performance) Security (if Required) (copy to be Submitted as per
the tender Schedule)
After Tender opening the EMD of the unsucessfull bidder will be returned to account provided by the
bidder during the bid prepration as given in challan under Beneficiary Account Number
BIOMETHANATION PLANT
xi
Ahmednagar Municipal Corporation
TENDER FOR
ldquo DESIGN SUPPLY INSTALLATION ERECTION COMMISSIONING OF BIOMETHANATION
PLANT OF 5 TPD CAPACITY EACH X 2 NOS AND OPERATION amp MAINTENANCE FOR 1
YEAR AT BURUDGAON DEPO AHMEDNAGARrdquo
BIOMETHANATION PLANT
xii
Table of Contents
SECTION I INVITATION FOR TENDERS (IFT)
SECTION II INSTRUCTION TO TENDERERS
A Introduction
1 Eligible Tenderers
2 Cost of Tendering
B The Tender Documents
3 Contents of Tender Documents
4 Clarification of Tender Documents
5 Amendment of Tender Documents (l)
C Preparation of Tenders
6 Language of Tender
7 Documents Constituting the Tender
8 Tender Form
9 Tender Prices
10 Tender Currency
11 Documents Establishing Tenderers Eligibility and Qualifications
12 Documents Establishing Goods Eligibility and Conformity to Tender
Documents
13 Earnest Money Deposit
14 Period of Validity of Tenders
15 Format and Signing of Tender
D Submission of Bids
16 Bidding through E-Tendering System
17 Deadline for Submission of the Bids
18 Late Bids
19 Modification and Withdrawal of Bids
E Tender Opening and Evaluation of Tenders
20 Opening of Tenders by the Purchaser
21 Clarification of Tenders
23 Evaluation and Comparison of Tenders
24 Contacting the Purchaser
F Award of Contract
25 Post qualification
26 Award Criteria
27 Right to vary Quantities
BIOMETHANATION PLANT
xiii
28 Purchasers Right to Accept Any Tender and to Reject Any or All Tenders
29 Notification of Award
30 Signing of Contract
31 Performance Security
32 Corrupt or Fraudulent Practices
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information Inspection and Audit by the
Government
5 Patent Rights
6 Performance Security
7 Inspections and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in the Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
BIOMETHANATION PLANT
xiv
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
SECTION IV SPECIAL CONDITIONS OF CONTRACT
Special Conditions of Contract
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (Clause 27)
7 Notices (Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligations
12 Patent Rights
SECTION V SCHEDULE OF REQUIREMENTS
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
Annexure-1- Plant proposed
Annexure- 2 Other conditions
SECTION VII QUALIFICATION CRITERIA
SECTION VIII TENDER FORM
SECTION IX PRICE SCHEDULE FORMAT
SECTION X CONTRACT FORM
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
SECTION XII-Proforma for Performance Statement of Bidder
1
SECTION I INVITATION FOR TENDERS (IFT)
Date
No
The Ahmednagar Municipal Corporation (AMC) invites tenders from eligible tenderers for ldquoDesign supply installation erection
commissioning of Two Biomethanation plant of 5 TPD each
capacity with operation amp maintenance for 1 YEAR at Burudgaon
Depo Ahmednagarrdquo (place may be chamged as per necessory)
1 The tenderers shall submit tender for all the works under this
contract Part bidding of tender is not allowed
2 The Tender document is available online from e-portal and
bids are to be submitted online through the e-procurement portal
httpamcmaharashtraetendersin Bids submitted manually will
not be accepted One can view and download the tenders published
currently by logging on to httpamcmaharashtraetendersin
For submission of the bids the bidders are required to have Digital
Signature Certificate (DSC) from one of the authorized Certifying
Authorities as detailed in the website
31 Aspiring bidders who have not obtained the User ID and
Password for participating in e-tendering may obtain the same by
registering in the website The contractors once registered can
participate in any of the department tenders
32 The bidding is a single stage two cover system ie- two cover
system (First Cover (Technical) and Second Cover (Financial)) and
Operator to be selected on Least Cost Selection (LCS)
3 Bidders are required to pay online the tender processing fee as
detailed in the website
Note (The non-refundable Tender processing fee details is available
on the e-procurement website)
4 A Pre-bid Meeting will be held at the Office of ldquoCommissioner
Ahmednagar Municipal Corporationrdquo to clarify the issues and to
2
answer questions on any matter that may be raised at that stage as
stated in Clause 92 of lsquoInstructions to Biddersrsquo of the bidding
document
5 The last Date and time for receipt of bids through the e-
tendering portal httpamcmaharashtraetendersin and will be
opened as per e-portal from the last date and time of receipt of bids
If the office happens to be closed on the date of opening of the bids as
specified the bids will be opened on the next working day at the
same time and venue
6 Other details can be seen in the bidding documents
Note
The Employer shall not be held liable for any delays due to system
failure beyond its control Even though the system will attempt to
notify the bidders of any bid updates The Employer shall not be
liable for any information not received by the bidder It is the
biddersrsquo responsibility to verify the website for the latest information
related to the tender The bidder is required to ensure browser
compatibility of the computer well in advance to the last date and
time for receipt of the tenders The department shall not be
responsible for non-accessibility of e-procurement portal due to
internet connectivity issues and technical glitches
3
SECTION II INSTRUCTION TO TENDERERS
A Introduction
1 Eligible Tenderers
11 The tender is open to all bidders who satisfy the qualification
criteria
12 The tenderer should be a registered legal entity Joint ventures
are allowed
13 Tenderers should not be associated or have been associated in
the past directly or indirectly with a firm or any of its affiliates
which have been engaged by the Purchaser to provide consulting
services for the preparation of the design specifications and other
documents to be used for the procurement of the goods to be
purchased under this Invitation of Tenders
14 Tenderers shall not be under a declaration of ineligibility for
corrupt and fraudulent practices issued by Government of
Maharashtra or India
2 Cost of Tendering
21 The Tenderer shall bear all costs associated with the
preparation and submission of its tender and AMC hereinafter
referred to as the Purchaser will in no case be responsible or liable
for these costs regardless of the conduct or outcome of the tender
process
B The Tender Documents
3 Contents of Tender Documents
31 The goods required tendering procedures and contract terms
are prescribed in the tender documents In addition to the Invitation
for Tenders the tender documents include
a Instruction to Tenderers (ITT)
b General Conditions of Contract (GCC)
c Special Conditions of Contract (SCC)
d Schedule of Requirements
4
e Technical Specifications
f Tender Form and Price Schedules
g Earnest Money Deposit Form
h Contract Form
i Performance Security Form
j Performance Statement Form
32 The Tenderer is expected to examine all instructions forms
terms and specifications in the tender documents Failure to furnish
all information required by the tender documents or submission of a
tender not substantially responsive to the tender documents in every
respect will be at the Tendererrsquos risk and may result in rejection of its
tender
4 Clarification of Tender Documents
41 The electronic bidding system provides for online
clarifications A prospective tenderer requiring any clarification may
notify online the authority inviting the bid The authority-inviting bid
will respond to any request(s) for clarification received in writing up
to pre-bid meeting Description of clarification sought and the
response of the authority inviting the bid will be uploaded for
information of the public or other bidders without identifying the
source of request for clarification
The Tenderer or his official representative is invited to attend a pre-
bid meeting which will take place at the office of the ldquoCommissioner
Ahmednagar Municipal Corporationrdquo
42 The purpose of the meeting will be to clarify issues and to
answer questions on any matter that may be raised at that stage
43 The Tenderer is requested to submit any questions in written
addressed to the commissioner Ahmednagar Municipal Corporation
not later than day of pre-bid meeting
44 Minutes of the meeting including the text of the questions
raised (without identifying the source of enquiry) and the responses
given will be uploaded on the website
httpamcmaharashtraetendersin Any modification of the
5
bidding documents which may become necessary as a result of the
pre-bid meeting shall be made by the Purchaser exclusively through
the issue of an Addendum in pursuant to Clause 5 of IT Band
45 Non-attendance at the pre-bid meeting will not be a cause for
disqualification of a bidder
5 Amendment of Tender Documents (l)
51 At any time prior to the deadline for submission of tenders the
Purchaser may for any reason whether at its own initiative or in
response to a clarification requested by a prospective tenderer
modify the tender documents by amendment
52 The addendum will appear on the web page of the website
httpamcmaharashtraetendersin
53 In order to allow prospective tenderers reasonable time in
which to take the amendment into account in preparing their
tenders the Purchaser at its discretion may extend the deadline for
the submission of tenders
C Preparation of Tenders
6 Language of Tender
61 The tender prepared by the Tenderer as well as all
correspondence and documents relating to the tender exchanged by
the Tenderer and the Purchaser shall be written in English language
Supporting documents and printed literature furnished by the
Tenderer may be in another language provided they are
accompanied by an accurate translation of the relevant passages in
the English language in which case for purposes of interpretation of
the Tender the translation shall govern
7 Documents Constituting the Tender
a Technical Cover
The bidding is a single stage two cover system (First Cover
(Technical) and Second Cover (Financial)) and Successful Bidder to
be selected on Least Cost Selection (LCS) The bidder shall attach the
detailed technical specification of the machines proposed by him in
6
the technical bid The bidder shall attach the flow chart and detailed
proposed Biomethnation plant in the technical bid
The technical proposal will be evaluated and the proposal which are
found technically sound and satisfy other eligibility criteria shall be
called for presentation before the committee If committee finds the
offer technically viable the bidder shall be technically qualified
71 While preparing the Technical Tender Operator is expected to
examine the documents comprising this bid document Material
deficiencies in providing the information requested may result in
rejection of a tender The tender prepared by the Tenderer shall
comprise the following components
a) Documentary evidence established in accordance with ITT
Clause 11 that the Tenderer is eligible to tender and is qualified to
perform the contract if its tender is accepted
b) Documentary evidence established in accordance with ITT
Clause 12 that the goods and ancillary services to be supplied by the
Tenderer are eligible goods and services and conform to the tender
documents and
c) Earnest money deposit furnished in accordance with ITT
Clause 13
8 Tender Form
81 The Tenderer shall complete the Tender Form and the Price
Schedule furnished in the tender documents indicating the goods to
be supplied a brief description of the Design Supply Installation
Erection commissioning and Operation amp Maintenance of Municipal
Solid Waste Treatment Equipmentrsquos and Machineries their country of
origin quantity and prices
b Financial Cover
9 Tender Prices
91 The Tenderer shall indicate on the Price Schedule of the unit
prices and total tender prices of the Design supply installation
7
erection commissioning of Two Biomethanation plant of 5 TPD each
capacity with operation amp maintenance for 1 YEAR at Burudgaon
Depo Ahmednagar
92 Tenderers shall quote for the complete requirement of
processing machinery with vehicles goods and services specified
under single responsibility basis The least bidder shall be awarded
the work
93 Prices indicated on the Price Schedule shall be inclusive of the
following
(i) The price of the goods and services quoted (proposed
Biomethanation Plant including Design Supply Installation erection
commissioning and Operation amp Maintenance as applicable) shall
include all duties and sales and other taxes already paid or payable
by the tenderer
(ii) Any duties sales and other taxes which will be payable on the
goods shall be borne by the contractor if this Contract is awarded
(iii) The price for inland transportation insurance and other local
costs incidental to delivery of the goods to their final destination and
(iv) Cost towards erection and commissioning at site including
foundation
94 Prices quoted by the Tenderer shall be fixed during the
Tendererrsquos performance of the Contract and not subject to variation
on any account A tender submitted with an adjustable price
quotation will be treated as non- responsive and rejected pursuant
to ITT Clause 22
10 Tender Currency
101 Prices shall be quoted in Indian Rupees
11 Documents Establishing Tenderers Eligibility and
Qualifications
111 Pursuant to ITT Clause 7 the Tenderer shall furnish as part of
its Tender documents establishing the Tendererrsquos eligibility to
8
tender and its qualifications to perform the Contract if its tender is
accepted
112 The documentary evidence of the Tenderers qualifications to
perform the Contract if its tender is accepted shall establish to the
Purchasers satisfaction
a) That the average financial turnover of the bidder is 1 crore
in last 3 financial years
b) That The tenderer must have experience of Supply
installation and Commissioning of at least one Bio methanation
plant of 5 TPD capacity in India within last 1 years
Or
b) The bidder must have technology transfer agreement with
BARC (Bhabha Atomic Research Center ) for Biomethanation
plant
Bidder are required to submit Work order copies and
ExecutionCompletion Certificate Technology Transfer Certificate
from BARC AMC may call for original certificates for verification
12 Documents Establishing Goods Eligibility and Conformity
to Tender Documents
121 Pursuant to ITB Clause 7 the Tenderer shall furnish as part of
its tender documents establishing the eligibility and conformity to
the tender documents of all goods and services which the tenderer
proposes to supply under the contract
122 The documentary evidence of conformity of the goods and
services to the tender documents may be in the form of literature
drawings and data and shall consist of
a) a detailed description of the proposed essential technical and
performance characteristics of the goods and machines
b) a list giving full particulars including available sources and
current prices of spare parts special tools etc necessary for the
9
proper and continuing functioning of the goods for a period of one
years following commencement of the use of the goods by the
Purchaser and
c) an item-by-item commentary on the Purchasers Technical
Specifications demonstrating substantial responsiveness of the goods
and services to those specifications or a statement of deviations and
exceptions to the provisions of the Technical Specifications
123 For purposes of the commentary to be furnished pursuant to
ITT Clause 122(c) above the Tenderer shall note that standards for
workmanship material and equipment and references to brand
names or catalogue numbers designated by the Purchaser in its
Technical Specifications are intended to be descriptive only and not
restrictive The Tenderer may substitute alternative standards brand
names andor catalogue numbers in its tender provided that it
demonstrates to the Purchasers satisfaction that the substitutions
ensure substantial equivalence to those designated in the Technical
Specifications
13 Earnest Money Deposit
131 Pursuant to ITT Clause 7 the Tenderer shall furnish as part of
its tender earnest money deposit in the amount as specified in
Section-V - Schedule of Requirements
132 The earnest money deposit is required to protect the Purchaser
against the risk of Tenderers conduct which would warrant the
securitys forfeiture pursuant to ITB Clause 137
133 The earnest money deposit shall be denominated in Indian
Rupees and shall be paid online only on the portal
134 Any tender not secured in accordance with ITT Clauses 131
and the Purchaser as non-responsive pursuant to ITT Clause 22 will
reject 133 above
135 Unsuccessful Tenderers earnest money deposit will be
dischargedreturned as promptly as possible but not later than 30
days after the expiration of the period of tender validity prescribed
by the Purchaser pursuant to ITT Clause 14
10
136 The successful Tenderers earnest money deposit will be
discharged upon the Tenderer signing the Contract pursuant to ITT
Clause 30 and furnishing the performance security pursuant to ITB
Clause 31
137 The tender security may be forfeited
(a) if a Tenderer (i) withdraws its tender during the period of
tender validity specified by the Tenderer on the Tender Form or (ii)
does not accept the correction of errors pursuant to ITT Clause 222
or
(b) in case of a successful Tenderer if the Tenderer fails (i) to sign
the Contract in accordance with ITT Clause 30 or (ii) to furnish
performance security in accordance with ITT Clause 31
14 Period of Validity of Tenders
141 Tenders shall remain valid for 120 days after the deadline for
submission of tenders prescribed by the Purchaser pursuant to ITT
Clause 17 A tender valid for a shorter period shall be rejected by the
Purchaser as non-responsive
142 In exceptional circumstances the Purchaser may solicit the
Tenderers consent to an extension of the period of validity The
request and the responses thereto shall be made in writing (or by
cable or telex or fax) The earnest money deposit provided under ITT
Clause 13 shall also be suitably extended A Tenderer may refuse the
request without forfeiting its earnest money deposit A Tenderer
granting the request will not be required nor permitted to modify its
tender
15 Format and Signing of Tender
151 Bidders shall submit offers that comply with the requirements
of the bidding documents including the basic technical design as
indicated in the drawing and specifications Alternatives will not be
considered
11
D Submission of Bids
16 Bidding through E-Tendering System
161 The tendering under this contract is electronic bid submission
through website httpamcmaharashtraetendersin Detailed
guidelines for viewing bids and submission of online bids are given
on the website The Invitation for Tenders is published on this
website Any citizen or prospective tenderer can logon to this
website and view the Invitation for Tenders and can view the details
of works for which bids are invited The prospective tenderer can
submit tenders online however the bidder is required to have
enrolmentregistration in the website and should have valid Digital
Signature Certificate (DSC) The DSC can be obtained from any
authorized certifying agencies The tenderer should register in the
web site httpamcmaharashtraetendersin After this the
tenderer can login the site through the secured login Bidders are
requested to go through the bid documents carefully and submit the
required information without exception otherwise bids will be
rejected
162 The completed tender should be uploaded on the website
given above through e-tendering along with scanned copies of
requisite certificates as are mentioned in different sections in the
bidding document and scanned copy of the Bid Security No financial
quote shall be uploaded as part of the Technical Bid
163 The bidder shall submit online the requirements under
qualification criteria and Technical and Financial parts The contents
of the Post Qualification and Technical and Financial bid shall be as
specified in ITT After electronic on line bid submission the system
generates a unique bid reference number which is time stamped
This shall be treated as acknowledgement of bid submission
17 Deadline for Submission of the Bids
171 Bids must be received by the Employer online not later than
the due date as specified in the online portal
172 The Employer may extend the deadline for submission of bids
by issuing an amendment in accordance with Clause 5 in which case
12
all rights and obligations of the Employer and the bidders previously
subject to the original deadline will then be subject to the new
deadline
18 Late Bids
181 The electronic bidding system would not allow any late
submission of bids after due date and time as per server time
19 Modification and Withdrawal of Bids
191 Tenderers may modify their bids online before the deadline
prescribed in Clause 17 for bid modification and consequential re-
submission
192 No tenders may be modified after the deadline for submission
of Bids
193 Withdrawal or modification of a tender between the deadline
for submission of tender and the expiration of the original period of
bid validity specified in Clause 141 above or as extended pursuant to
Clause 142 is not allowed in the e-procurement system If a tenderer
does the same through any other medium then it may result in the
forfeiture of the Tender security pursuant to Clause 137
E Tender Opening and Evaluation of Tenders
20 Opening of Tenders by the Purchaser
201 The Purchaser will open all the Technical Cover in the
presence of Tenderersrsquo representatives who choose to attend as per
e-portal
The Tendererrsquos representatives who are present shall sign a register
evidencing their attendance In the event of the specified date of
Tender opening being declared a holiday for the Purchaser the
tenders shall be opened at the appointed time and location on the
next working day
202 The Tendererrsquos names tender modifications or withdrawals
tender prices discounts and the presence or absence of requisite
tender security and such other details as the Purchaser at its
discretion may consider appropriate will be announced at the
opening No tender shall be rejected at tender opening except for late
13
tenders which shall be returned unopened to the Tenderer pursuant
to ITT Clause 18
203 Tenders (and modifications sent pursuant to ITT Clause 192)
that are not opened and read out at tender opening shall not be
considered further for evaluation irrespective of the circumstances
204 The Purchaser will prepare minutes of the tender opening The
Financial Bid of the successful bidders only will be opened after
completion of technical bid evaluation
21 Clarification of Tenders
During evaluation of tenders the Purchaser may at its discretion ask
the Tenderer for a clarification of its tender The request for
clarification and the response shall be in writing and no change in
prices or substance of the tender shall be sought offered or
permitted
22 Preliminary Examination
221 The Purchaser will examine the technical bid to determine
whether they are complete whether required sureties have been
furnished and whether the tenders are generally in order
2211 The evaluation committee appointed by the Employer as
a whole and each of its members individually will evaluate the
Technical Bids on the basis of their responsiveness to the ITB A Bid
shall be rejected at this stage if it does not respond to important
aspects of the Bid Document
222 After the evaluation of technical Bid is completed the
Purchaser shall notify those bidders whose Bids meet the
qualification criteria as detailed in Section VII or were considered
responsive to the bid document indicating that the presentation has
to be made by their company After presentation by the company the
committee members or the person authorized by the commissioner
may visit the plant established by the bidder The bidder to whom the
committee is satisfied with the documents and the presentation and
the site visit if required will be informed as technically qualified
bidders
14
223 The financial bid opening date shall not be informed to the
technically disqualified bidders
2231 The Financial Cover shall be opened publicly in the
presence of the bidders representatives who choose to attend The
bid opening shall be online only
2232 The evaluation committee will determine whether the
Financial Bids are complete correct any computational errors
Arithmetical errors will be rectified on the following basis If there is
a discrepancy between the unit price and the total price that is
obtained by multiplying the unit price and quantity the unit price
shall prevail and the total price shall be corrected If there is a
discrepancy between words and figures the lower of the two will
prevail If the Bidder does not accept the correction of errors its
tender will be rejected and its tender security may be forfeited
2233 All necessary civil work and other related works for
Biomethanation plant is to be done by the successful bidder AMC
shall provide the land road upto the plant site electric connection
upto the plant site AMC shall provide approximately 5 TPD non-veg
organic waste and 5 TPD organic (Veg) waste as feed for each
seperate plant
2234 During the contract period and always the processing
plant machines land and civil works shall be the property of AMC At
the time of handover of the plant to AMC the contractor shall
handover the plant in good running condition If it is found that the
plant is inoperative or needs any repairs and maintenance the
contractor should either repair it to satisfaction of the AMC or if AMC
get it done by its own resources the amount shall be deducted from
the performance security deposit submitted by the contractor
2235 This biding is called for Burudgaon Depo location The
selection procedure of the successful bidder shall be as under
a Whereas successful bidder shall be the bidder quoting lowest for
the Supply Installation Erection commissioning and Operation amp
Maintenance of Municipal Solid Waste Treatment Equipmentrsquos and
Machineries (L-1)
15
b The cost of the MSW Plant and allied accessories for operation
of the plant quoted by the bidder shall be paid by the AMC as per the
payment schedule given in the tender document The value of the
processing plant and allied accessories wit OampM quoted by the
bidder shall be the sole bidding criteria for the tender
c The successful contractor shall not be paid any kind tipping
fees for operating the plant The contractor shall sell the products
(GasElectricitycompostothers) recovered from the processing of
the waste to recover the operation and maintenance cost and the
profits
224 Term of Contract
The term of the contract shall be 1 YEAR and can be renewed for a
similar term if the performance of the contractor is satisfactory
225 Scope of Work
The scope of the work shall be processing of the 5 + 5 TPD waste for
each site (two sites)received at site The rejects from the processing
should not be more than 15 of the total waste The rejects shall be
kept at one side of the site from where the CampT contractor shall lift
the waste and transport it to landfill site
226 Prior to the detailed evaluation pursuant to ITB Clause 23 the
Purchaser will determine the substantial responsiveness of each
tender to the tender documents For purposes of these Clauses a
substantially responsive tender is one which conforms to all the
terms and conditions of the tender documents without material
deviations Deviations from or objections or reservations to critical
provisions such as those concerning Performance Security (GCC
Clause 6) Warranty (GCC Clause 14) Force Majeure (GCC Clause 24)
Limitation of liability (GCC Clause 28) Applicable law (GCC Clause
30) and Taxes amp Duties (GCC Clause 32) will be deemed to be a
material deviation The Purchasers determination of a tenders
responsiveness is to be based on the contents of the tender itself
without recourse to extrinsic evidence
16
227 If a tender is not substantially responsive it will be rejected by
the Purchaser and may not subsequently be made responsive by the
Tenderer by correction of the non-conformity
23 Evaluation and Comparison of Tenders
231 The Purchaser will evaluate and compare the tenders which
have been determined to be substantially responsive pursuant to ITT
Clause 22 for each schedule separately No tender will be considered
if the complete requirements covered in the schedule is not included
in the tender However as stated in ITT Clause 9 The tenderer shall
quote his final prices taken into account all discounts
24 Contacting the Purchaser
241 Subject to ITT Clause 21 no Tenderer shall contact the
Purchaser on any matter relating to its tender from the time of the
tender opening to the time the Contract is awarded If the tenderer
wishes to bring additional information to the notice of the purchaser
it should do so in writing
242 Any effort by a Tenderer to influence the Purchaser in its
decisions on tender evaluation tender comparison or contract award
may result in rejection of the Tenderers tender
F Award of Contract
25 Post qualification
251 In the absence of prequalification the Purchaser will determine
to its satisfaction whether the Tenderer that is selected as having
submitted the lowest evaluated responsive tender meets the criteria
specified in ITT Clause 112 (b) and is qualified to perform the
contract satisfactorily
252 The determination will take into account the Tenderers
financial technical and production capabilities It will be based upon
an examination of the documentary evidence of the Tenderers
qualifications submitted by the Tenderer pursuant to ITT Clause 11
as well as such other information as the Purchaser deems necessary
and appropriate
26 Award Criteria
17
261 Subject to ITT Clause 28 the Purchaser will award the Contract
to the successful Tenderer whose tender has been determined to be
substantially responsive and has been determined as the lowest
evaluated tender provided further that the Tenderer is determined
to be qualified to perform the Contract satisfactorily
27 Right to vary Quantities
271 The contractor shall have to erect the machines proposed by
him in the technical bid and presentation However during the
contract duration for better performance of the processing plant the
contractor shall be free to add the machines vehicles and civil works
at no cost to AMC The contractor shall not be allowed to sell the
installed machines as AMC has already paid the contractor for the
machines and ownership of the machines always lies with the AMC
28 Purchasers Right to Accept Any Tender and to Reject Any
or All Tenders
281 The Purchaser reserves the right to accept or reject any tender
and to annul the tendering process and reject all tenders at any time
prior to contract award without thereby incurring any liability to the
affected Tenderer or Tendererrsquos
29 Notification of Award
291 Prior to the expiration of the period of tender validity the
Purchaser will notify the successful tenderer in writing by registered
letter or by cabletelex or fax to be confirmed in writing by
registered letter that its tender has been accepted
292 The notification of award will constitute the formation of the
Contract
293 Upon the successful Tenderers furnishing of performance
security pursuant to ITT Clause 31 the Purchaser will promptly
notify the name of the winning Tenderer to each unsuccessful
Tenderer and will discharge its earnest money deposit pursuant to
ITT Clause 13
30 Signing of Contract
18
301 At the same time as the Purchaser notifies the successful
tenderer that its tender has been accepted the Purchaser will send
the Tenderer the Contract Form provided in the tender documents
incorporating all agreements between the parties
302 Within 21 days of receipt of the Contract Form the successful
Tenderer shall sign and date the Contract and return it to the
Purchaser
31 Performance Security
311 Within 21 days of the receipt of notification of award from the
Purchaser the successful Tenderer shall furnish the performance
security of 3 of the cost of the machines and equipments
quoted by him The performance security shall be in form of Bank
guarantee 2 payment shall be deducted from each payment which
will make the total performance security to 5 The performance
security shall be released at the end of the contract period
312 Failure of the successful Tenderer to comply with the
requirement of ITT Clause 302 or ITT Clause 311 shall constitute
sufficient grounds for the annulment of the award and forfeiture of
the earnest money deposit in which event the Purchaser may make
the award to the next lowest evaluated Tenderer or call for new
tenders
32 Corrupt or Fraudulent Practices
321 The Government requires that Tendererrsquos Bidders
Contractors observe the highest standard of ethics during the
procurement and execution of Government financed contracts In
pursuance of this policy the Government
(a) defines for the purposes of this provision the terms set forth
as follows
(i) ldquocorrupt practicerdquo means the offering giving receiving or
soliciting of any thing of value to influence the action of a public
official in the procurement process or in contract execution and
(ii) ldquofraudulent practicerdquo means a misrepresentation of facts in
order to influence a procurement process or the execution of a
contract to the detriment of the Government and includes collusive
19
practice among Tenderers (prior to or after tender submission)
designed to establish tender prices at artificial non-competitive
levels and to deprive the Government of the benefits of free and open
competition
(b) will reject a proposal for award if it determines that the
Tenderer recommended for award has engaged in corrupt or
fraudulent practices in competing for the contract in question
(c) will declare a firm ineligible either indefinitely or for a stated
period of time to be awarded a Government financed contract if it at
any time determines that the firm has engaged in corrupt or
fraudulent practices in competing for or in executing a Government-
financed contract
322 Furthermore Tenderers shall be aware of the provision stated
in sub-clause 44 and sub-clause 231 of the General Conditions of
Contract
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
Clause Number Topic
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information
Inspection and Audit by Government
5 Patent Rights
6 Performance Security
7 Inspection and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
20
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
21
General Conditions of Contract
1 Definitions
11 In this Contract the following terms shall be interpreted as
indicated
a The Contract means the agreement entered into between the
Purchaser and the Bidder as recorded in the Contract Form signed
by the parties including all the attachments and appendices thereto
and all documents incorporated by reference therein
b The Contract Price means the price payable to the Bidder
under the Contract for the full and proper performance of its
contractual obligations
c The Goods means all the equipment machinery andor other
materials which the Bidder is required to supply to the Purchaser
under the Contract
d Services means services ancillary to the supply of the Goods
such as transportation and insurance and any other incidental
services such as installation commissioning provision of technical
assistance training and other obligations of the Bidder covered
under the Contract
e ldquoGCCrdquo means the General Conditions of Contract contained in
this section
f ldquoSCCrdquo means the Special Conditions of Contract
g ldquoThe Purchaserrdquo means the organization purchasing the Goods
as named in SCC
h ldquoThe Purchaserrsquos countryrdquo is the country named in SCC
i ldquoThe Bidderrdquo means the individual or firm supplying the Goods
and Services under this Contract
j ldquoThe Governmentrdquo means the Government of Maharashtra
State
k ldquoThe Project Siterdquo where applicable means the place or places
named in SCC
l ldquoDayrdquo means calendar day
2 Application
22
21 These General Conditions shall apply to the extent that
provisions in other parts of the Contract do not supersede them
3 Standards
31 The Goods and machines supplied under this Contract shall
conform to the standards mentioned in the Technical Specifications
given in the technical bid of the bidder and when no applicable
standard is mentioned to the authoritative standard appropriate to
the Goods country of origin and such standards shall be the latest
issued by the concerned institution
4 Use of Contract Documents and Information Inspection
and Audit by the Government
41 The Bidder shall not without the Purchasers prior written
consent disclose the Contract or any provision thereof or any
specification plan drawing pattern sample or information furnished
by or on behalf of the Purchaser in connection therewith to any
person other than a person employed by the Bidder in performance
of the Contract Disclosure to any such employed person shall be
made in confidence and shall extend only so far as may be necessary
for purposes of such performance
42 The Bidder shall not without the Purchaserrsquos prior written
consent make use of any document or information enumerated in
GCC Clause 41 except for purposes of performing the contract
43 Any document other than the Contract itself enumerated in
GCC Clause 41 shall remain the property of the Purchaser and shall
be returned (in all copies) to the Purchaser on completion of the
Bidderrsquos performance under the Contract if so required by the
Purchaser
44 The Bidder shall permit the Government to inspect the Bidderrsquos
accounts and records relating to the performance of the Bidder and
to have them audited by auditors appointed by the Government if so
required by the Government
5 Patent Rights
23
51 The Bidder shall indemnify the Purchaser against all third-
party claims of infringement of patent trademark or industrial
design rights arising from use of the Goods or any part thereof in
India
6 Performance Security
61 Within 21 days of receipt of the notification of contract award
the Bidder shall furnish Performance Security to the Purchaser for an
amount of 5 of the Contract Value valid up to 30 days after the date
of completion of Contract
62 The proceeds of the performance security shall be payable to
the Purchaser as compensation for any loss resulting from the
Bidderrsquos failure to complete its obligations under the Contract
63 The Performance Security shall be denominated in Indian
Rupees and shall be in one of the following forms
a) A Bank guarantee issued by a NationalizedScheduled bank in
the form provided in the tender documents or another form
acceptable to the Purchaser or
b) Crossed demand draft or pay order drawn in favor of the
Purchaser or
64 The Performance Security will be discharged by the Purchaser
and returned to the Bidder not later than 60 days following the date
of completion of the Bidderrsquos performance obligations including any
Warranty obligations under the Contract
7 Inspections and Tests
71 The Purchaser or its representative shall have the right to
inspect andor to test the Goods to confirm their conformity to the
Contract specifications at no extra cost to the Contractor
72 The contractor shall conduct third party inspection from any of
the inspection agency approved by Government of India The cost of
the inspection should be paid by the contractor and no
reimbursement shall be made by AMC for the inspection The
inspection shall be done on the basis of the technical bid submitted
by the tenderer or the approved machines and drawings by AMC
24
73 The inspections and tests may be conducted on the premises of
the Bidder or its subcontractor(s) at point of delivery andor at the
Goods final destination If conducted on the premises of the Bidder or
its subcontractor(s) all reasonable facilities and assistance including
access to drawings and production data - shall be furnished to the
inspectors at no charge to the Purchaser
74 Should any inspected or tested Goods fail to conform to the
specifications the Purchaser may reject the goods and the Bidder
shall either replace the rejected Goods or make alterations necessary
to meet specification requirements free of cost to the Purchaser
75 The Purchasers right to inspect test and where necessary
reject the Goods after the Goods arrival at Project Site shall in no
way be limited or waived by reason of the Goods having previously
been inspected tested and passed by the Purchaser or its
representative prior to the Goods shipment
76 Nothing in GCC Clause 7 shall in any way release the Bidder
from any warranty or other obligations under this Contract
77 Manuals and Drawings
771 Before the goods and equipment are taken over by the
Purchaser the Bidder shall supply operation and maintenance
manuals together with drawings of the goods and equipment These
shall be in such detail as will enable the Purchaser to operate
maintain adjust and repair all parts of the equipment as stated in the
specifications
772 The manuals and drawings shall be in the ruling language
(English) and in such form and numbers as stated in the contract
773 Unless and otherwise agreed the goods and equipment shall
not be considered to be completed for the purpose of taking over
until such manuals and drawings have been supplied to the
Purchaser
8 Packing
25
81 The packing of the goods may not be required however the
documents like operational manual and list of equipments shall be
submitted in two copies in booklet form
9 Delivery and Documents
91 Delivery of the Goods shall be made by the Bidder in
accordance with the terms specified by the Purchaser in the
Notification of Award The bills for the machines shall be submitted
in duplicate The bills for only those equipment will be accepted
whose delivery at site has been done by the bidder
10 Insurance
101 It will the responsibility of the contractor that the Goods and
machines supplied under the Contract shall be fully insured by the
contractor in Indian Rupees against loss or damage incidental to
manufacture or acquisition transportation storage and delivery for
complete duration of the contract For delivery of goods at site the
insurance shall be obtained by the Bidder in an amount equal to
110 of the value of the goods from ldquowarehouse to warehouserdquo
(final destinations) on ldquoAll Risksrdquo basis including War risks and
Strikes
11 Transportation
111 Where the Bidder is required under the Contract to transport
the Goods to a specified place of destination within India defined as
Project site the Bidder as shall be specified in the Contract shall
arrange transport to such place of destination in India including
insurance and the related cost shall be included in the Contract Price
12 Incidental Services
121 The Bidder may be required to provide any or all of the
following services including additional services if any specified in
SCC
a performance or supervision of the on-site assembly andor
start-up of the supplied Goods
b furnishing of tools required for assembly andor maintenance
of the supplied Goods
26
c furnishing of detailed operations and maintenance manual for
each appropriate unit of supplied Goods
d performance or supervision or maintenance andor repair of
the supplied Goods for a period of time agreed by the parties
provided that this service shall not relieve the Bidder of any
warranty obligations under this Contract and
e training of the Purchasers personnel at the Bidderrsquos plant
andor on-site in assembly start-up operation maintenance andor
repair of the supplied Goods
f detailed specifications of each equipment in detail to be
provided
g arrangement of required vehicles and implements for loading
amp unloading of Equipment at Facilities and other required infra for
assembling of equipment
122 Prices charged by the Bidder for incidental services if not
included in the Contract Price for the Goods shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates
charged to other parties by the Bidder for similar services
13 Spare Parts
131 As specified in the SCC the contractor shall be required to
provide any or all of the materials and spare parts at no cost to AMC
132 The Bidder shall carry sufficient inventories to assure ex-stock
supply of consumable spares for the Goods such as gaskets plugs
washers belts etc
14 Warranty
141 The Bidder warrants that the Goods supplied under this
Contract are new unused of the most recent or current models and
that they incorporate all recent improvements in design and
materials unless provided otherwise in the Contract The Bidder
further warrants that all Goods supplied under this Contract shall
have no defect arising from design materials or workmanship
(except when the design andor material is required by the
Purchasers Specifications) or from any act or omission of the Bidder
that may develop under normal use of the supplied Goods in the
conditions prevailing in the country of final destination
27
142 This warranty shall remain valid for 12 months after all the
sections of the entire plant have been delivered and successfully
commissioned and desired outputs are achieved as indicated in the
Contract Although section wise commissioning is proposed the
warranty will come into effect only after completion of all the
sections The Bidder shall in addition comply with the performance
andor consumption guarantees specified under the Contract If for
reasons attributable to the Bidder these guarantees are not attained
in whole or in part the Bidder shall at its discretion either
a make such changes modifications andor additions to the
Goods or any part thereof as may be necessary in order to attain the
contractual guarantees specified in the Contract at its own cost and
expense and to carry out further performance tests in accordance
with SCC Clause 2 OR
b pay liquidated damages to the Purchaser with respect to the
failure to meet the contractual guarantees The rate of these
liquidated damages shall be as specified in the Technical
Specifications
143 If the Bidder having been notified fails to remedy the defect(s)
within 15 days the Purchaser may proceed to take such remedial
action as may be necessary at the Bidderrsquos risk and expense and
without prejudice to any other rights which the Purchaser may have
against the Bidder under the Contract
15 Payment
151 The method and conditions of payment to be made to the
Bidder under this Contract shall be specified in the SCC
152 The Bidderrsquos request(s) for payment shall be made to the
Purchaser in writing accompanied by an invoice describing as
appropriate the Goods delivered and the Services performed and by
documents submitted pursuant to GCC Clause 9 and upon fulfillment
of other obligations stipulated in the contract
153 Payments shall be made promptly by the Purchaser but in no
case later than thirty (30) days after submission of the invoice or
claim by the Bidder
28
154 Payment shall be made in Indian Rupees
16 Prices
161 Prices payable to the Bidder as stated in the contract shall be
firm during the performance of the contract
17 Change Orders
171 The Purchaser may at any time by written order given to the
Bidder pursuant to GCC Clause 31 make changes within the general
scope of the Contract in any one or more of the following
a drawings designs or specifications where Goods to be
furnished under the Contract are to be specifically manufactured for
the Purchaser
b the Services to be provided by the Bidder
172 If any such change causes an increase or decrease in the cost of
or the time required for the Bidderrsquos performance of any provisions
under the Contract an equitable adjustment shall be made in the
Contract Price or delivery schedule or both and the Contract shall
accordingly be amended Any claims by the Bidder for adjustment
under this clause must be asserted within thirty (30) days from the
date of the Bidderrsquos receipt of the Purchasers change order
18 Contract Amendments
181 Subject to GCC Clause 17 no variation in or modification of the
terms of the Contract shall be made except by written amendment
signed by the parties
19 Assignment
191 The Bidder shall not assign in whole or in part its obligations
to perform under the Contract except with the Purchasers prior
written consent
20 Subcontracts
201 Any subcontracting work should be done after confirmation of
the same from the AMC
21 Delays in the Bidderrsquos Performance
29
211 Delivery of the Goods and performance of the Services shall be
made by the Bidder in accordance with the time schedule specified
by the Purchaser in the Schedule of Requirements
212 If at any time during performance of the Contract the Bidder or
its sub-contractor(s) should encounter conditions impeding timely
delivery of the Goods and performance of Services the Bidder shall
promptly notify the Purchaser in writing of the fact of the delay its
likely duration and its cause(s) As soon as practicable after receipt of
the Bidderrsquos notice the Purchaser shall evaluate the situation and
may at its discretion extend the Bidderrsquos time for performance with
or without liquidated damages in which case the extension shall be
ratified by the parties by amendment of the Contract
213 Except as provided under GCC Clause 24 a delay by the Bidder
in the performance of its delivery obligations shall render the Bidder
liable to the imposition of liquidated damages pursuant to GCC
Clause 22 unless an extension of time is agreed upon pursuant to
GCC Clause 212 without the application of liquidated damages
22 Liquidated Damages
221 Subject to GCC Clause 24 if the Bidder fails to deliver any or all
of the Goods or to perform the Services within the period(s) specified
in the Contract the Purchaser shall without prejudice to its other
remedies under the Contract deduct from the Contract Price as
liquidated damages a sum equivalent to 2 of the delivered price of
the delayed Goods or unperformed Services for each week or part
thereof of delay until actual delivery or performance up to a
maximum deduction of 10 of the Contract Price Once the
maximum is reached the Purchaser may consider termination of the
Contract pursuant to GCC Clause 23 Liquidated Damages is applicable
only up to commission and trial run period and not applicable to AMC
phase of the Contract
23 Termination for Default
30
231 The Purchaser may without prejudice to any other remedy for
breach of contract by written notice of default sent to the Bidder
terminate the Contract in whole or part
a if the Bidder fails to deliver any or all of the Goods within the
period(s) specified in the Contract or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 21 or
b if the Bidder fails to perform any other obligation(s) under the
Contract
c If the Bidder in the judgement of the Purchaser has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract
For the purpose of this Clause
ldquoCorrupt practicerdquo means the offering giving receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution
ldquofraudulent practicerdquo means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition
232 In the event the Purchaser terminates the Contract in whole or
in part pursuant to GCC Clause 231 the Purchaser may procure
upon such terms and in such manner as it deems appropriate Goods
or Services similar to those undelivered and the Bidder shall be
liable to the Purchaser for any excess costs for such similar Goods or
Services However the Bidder shall continue the performance of the
Contract to the extent not terminated
24 Force Majeure
241 Not with standing the provisions of GCC Clauses 21 22 23 the
Bidder shall not be liable for forfeiture of its performance security
liquidated damages or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
BIOMETHANATION PLANT
x
The User agrees that any communication sent by the User vide e-mail shall imply release of
information therein therewith to Merchant The User agrees to be contacted via e-mail on such mails initiated by him her
In addition to the information already in the possession of Merchant and or the Payment Gateway Service Provider(s) Merchant may have collected similar information from the User in the past By entering the Website the User consents to the terms of Merchantrsquos information privacy policy and to our continued use of previously collected information By submitting the Userrsquos personal information to us the User will be treated as having given hisher permission for the processing of the Userrsquos personal data as set out herein
The User acknowledges and agrees that his her information will be managed in accordance with the laws for the time in force
Payment Gateway Disclaimer
The Service is provided in order to facilitate payment of Tender FeesEarnest Money Deposit online The Merchant or the Payment Gateway Service Provider(s) do not make any representation of any kind express or implied as to the operation of the Payment Gateway other than what is specified in the Website for this purpose By accepting agreeing to these Terms and Conditions the User expressly agrees that his her use of the aforesaid online payment service is entirely at own risk and responsibility of the User
The EMD if applicable will be paid via online mode or if exemption certificate is available then
valid certificate of exemption from payment of earnest money should be Scanned from
original copy Additional (Performance) Security (if Required) (copy to be Submitted as per
the tender Schedule)
After Tender opening the EMD of the unsucessfull bidder will be returned to account provided by the
bidder during the bid prepration as given in challan under Beneficiary Account Number
BIOMETHANATION PLANT
xi
Ahmednagar Municipal Corporation
TENDER FOR
ldquo DESIGN SUPPLY INSTALLATION ERECTION COMMISSIONING OF BIOMETHANATION
PLANT OF 5 TPD CAPACITY EACH X 2 NOS AND OPERATION amp MAINTENANCE FOR 1
YEAR AT BURUDGAON DEPO AHMEDNAGARrdquo
BIOMETHANATION PLANT
xii
Table of Contents
SECTION I INVITATION FOR TENDERS (IFT)
SECTION II INSTRUCTION TO TENDERERS
A Introduction
1 Eligible Tenderers
2 Cost of Tendering
B The Tender Documents
3 Contents of Tender Documents
4 Clarification of Tender Documents
5 Amendment of Tender Documents (l)
C Preparation of Tenders
6 Language of Tender
7 Documents Constituting the Tender
8 Tender Form
9 Tender Prices
10 Tender Currency
11 Documents Establishing Tenderers Eligibility and Qualifications
12 Documents Establishing Goods Eligibility and Conformity to Tender
Documents
13 Earnest Money Deposit
14 Period of Validity of Tenders
15 Format and Signing of Tender
D Submission of Bids
16 Bidding through E-Tendering System
17 Deadline for Submission of the Bids
18 Late Bids
19 Modification and Withdrawal of Bids
E Tender Opening and Evaluation of Tenders
20 Opening of Tenders by the Purchaser
21 Clarification of Tenders
23 Evaluation and Comparison of Tenders
24 Contacting the Purchaser
F Award of Contract
25 Post qualification
26 Award Criteria
27 Right to vary Quantities
BIOMETHANATION PLANT
xiii
28 Purchasers Right to Accept Any Tender and to Reject Any or All Tenders
29 Notification of Award
30 Signing of Contract
31 Performance Security
32 Corrupt or Fraudulent Practices
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information Inspection and Audit by the
Government
5 Patent Rights
6 Performance Security
7 Inspections and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in the Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
BIOMETHANATION PLANT
xiv
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
SECTION IV SPECIAL CONDITIONS OF CONTRACT
Special Conditions of Contract
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (Clause 27)
7 Notices (Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligations
12 Patent Rights
SECTION V SCHEDULE OF REQUIREMENTS
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
Annexure-1- Plant proposed
Annexure- 2 Other conditions
SECTION VII QUALIFICATION CRITERIA
SECTION VIII TENDER FORM
SECTION IX PRICE SCHEDULE FORMAT
SECTION X CONTRACT FORM
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
SECTION XII-Proforma for Performance Statement of Bidder
1
SECTION I INVITATION FOR TENDERS (IFT)
Date
No
The Ahmednagar Municipal Corporation (AMC) invites tenders from eligible tenderers for ldquoDesign supply installation erection
commissioning of Two Biomethanation plant of 5 TPD each
capacity with operation amp maintenance for 1 YEAR at Burudgaon
Depo Ahmednagarrdquo (place may be chamged as per necessory)
1 The tenderers shall submit tender for all the works under this
contract Part bidding of tender is not allowed
2 The Tender document is available online from e-portal and
bids are to be submitted online through the e-procurement portal
httpamcmaharashtraetendersin Bids submitted manually will
not be accepted One can view and download the tenders published
currently by logging on to httpamcmaharashtraetendersin
For submission of the bids the bidders are required to have Digital
Signature Certificate (DSC) from one of the authorized Certifying
Authorities as detailed in the website
31 Aspiring bidders who have not obtained the User ID and
Password for participating in e-tendering may obtain the same by
registering in the website The contractors once registered can
participate in any of the department tenders
32 The bidding is a single stage two cover system ie- two cover
system (First Cover (Technical) and Second Cover (Financial)) and
Operator to be selected on Least Cost Selection (LCS)
3 Bidders are required to pay online the tender processing fee as
detailed in the website
Note (The non-refundable Tender processing fee details is available
on the e-procurement website)
4 A Pre-bid Meeting will be held at the Office of ldquoCommissioner
Ahmednagar Municipal Corporationrdquo to clarify the issues and to
2
answer questions on any matter that may be raised at that stage as
stated in Clause 92 of lsquoInstructions to Biddersrsquo of the bidding
document
5 The last Date and time for receipt of bids through the e-
tendering portal httpamcmaharashtraetendersin and will be
opened as per e-portal from the last date and time of receipt of bids
If the office happens to be closed on the date of opening of the bids as
specified the bids will be opened on the next working day at the
same time and venue
6 Other details can be seen in the bidding documents
Note
The Employer shall not be held liable for any delays due to system
failure beyond its control Even though the system will attempt to
notify the bidders of any bid updates The Employer shall not be
liable for any information not received by the bidder It is the
biddersrsquo responsibility to verify the website for the latest information
related to the tender The bidder is required to ensure browser
compatibility of the computer well in advance to the last date and
time for receipt of the tenders The department shall not be
responsible for non-accessibility of e-procurement portal due to
internet connectivity issues and technical glitches
3
SECTION II INSTRUCTION TO TENDERERS
A Introduction
1 Eligible Tenderers
11 The tender is open to all bidders who satisfy the qualification
criteria
12 The tenderer should be a registered legal entity Joint ventures
are allowed
13 Tenderers should not be associated or have been associated in
the past directly or indirectly with a firm or any of its affiliates
which have been engaged by the Purchaser to provide consulting
services for the preparation of the design specifications and other
documents to be used for the procurement of the goods to be
purchased under this Invitation of Tenders
14 Tenderers shall not be under a declaration of ineligibility for
corrupt and fraudulent practices issued by Government of
Maharashtra or India
2 Cost of Tendering
21 The Tenderer shall bear all costs associated with the
preparation and submission of its tender and AMC hereinafter
referred to as the Purchaser will in no case be responsible or liable
for these costs regardless of the conduct or outcome of the tender
process
B The Tender Documents
3 Contents of Tender Documents
31 The goods required tendering procedures and contract terms
are prescribed in the tender documents In addition to the Invitation
for Tenders the tender documents include
a Instruction to Tenderers (ITT)
b General Conditions of Contract (GCC)
c Special Conditions of Contract (SCC)
d Schedule of Requirements
4
e Technical Specifications
f Tender Form and Price Schedules
g Earnest Money Deposit Form
h Contract Form
i Performance Security Form
j Performance Statement Form
32 The Tenderer is expected to examine all instructions forms
terms and specifications in the tender documents Failure to furnish
all information required by the tender documents or submission of a
tender not substantially responsive to the tender documents in every
respect will be at the Tendererrsquos risk and may result in rejection of its
tender
4 Clarification of Tender Documents
41 The electronic bidding system provides for online
clarifications A prospective tenderer requiring any clarification may
notify online the authority inviting the bid The authority-inviting bid
will respond to any request(s) for clarification received in writing up
to pre-bid meeting Description of clarification sought and the
response of the authority inviting the bid will be uploaded for
information of the public or other bidders without identifying the
source of request for clarification
The Tenderer or his official representative is invited to attend a pre-
bid meeting which will take place at the office of the ldquoCommissioner
Ahmednagar Municipal Corporationrdquo
42 The purpose of the meeting will be to clarify issues and to
answer questions on any matter that may be raised at that stage
43 The Tenderer is requested to submit any questions in written
addressed to the commissioner Ahmednagar Municipal Corporation
not later than day of pre-bid meeting
44 Minutes of the meeting including the text of the questions
raised (without identifying the source of enquiry) and the responses
given will be uploaded on the website
httpamcmaharashtraetendersin Any modification of the
5
bidding documents which may become necessary as a result of the
pre-bid meeting shall be made by the Purchaser exclusively through
the issue of an Addendum in pursuant to Clause 5 of IT Band
45 Non-attendance at the pre-bid meeting will not be a cause for
disqualification of a bidder
5 Amendment of Tender Documents (l)
51 At any time prior to the deadline for submission of tenders the
Purchaser may for any reason whether at its own initiative or in
response to a clarification requested by a prospective tenderer
modify the tender documents by amendment
52 The addendum will appear on the web page of the website
httpamcmaharashtraetendersin
53 In order to allow prospective tenderers reasonable time in
which to take the amendment into account in preparing their
tenders the Purchaser at its discretion may extend the deadline for
the submission of tenders
C Preparation of Tenders
6 Language of Tender
61 The tender prepared by the Tenderer as well as all
correspondence and documents relating to the tender exchanged by
the Tenderer and the Purchaser shall be written in English language
Supporting documents and printed literature furnished by the
Tenderer may be in another language provided they are
accompanied by an accurate translation of the relevant passages in
the English language in which case for purposes of interpretation of
the Tender the translation shall govern
7 Documents Constituting the Tender
a Technical Cover
The bidding is a single stage two cover system (First Cover
(Technical) and Second Cover (Financial)) and Successful Bidder to
be selected on Least Cost Selection (LCS) The bidder shall attach the
detailed technical specification of the machines proposed by him in
6
the technical bid The bidder shall attach the flow chart and detailed
proposed Biomethnation plant in the technical bid
The technical proposal will be evaluated and the proposal which are
found technically sound and satisfy other eligibility criteria shall be
called for presentation before the committee If committee finds the
offer technically viable the bidder shall be technically qualified
71 While preparing the Technical Tender Operator is expected to
examine the documents comprising this bid document Material
deficiencies in providing the information requested may result in
rejection of a tender The tender prepared by the Tenderer shall
comprise the following components
a) Documentary evidence established in accordance with ITT
Clause 11 that the Tenderer is eligible to tender and is qualified to
perform the contract if its tender is accepted
b) Documentary evidence established in accordance with ITT
Clause 12 that the goods and ancillary services to be supplied by the
Tenderer are eligible goods and services and conform to the tender
documents and
c) Earnest money deposit furnished in accordance with ITT
Clause 13
8 Tender Form
81 The Tenderer shall complete the Tender Form and the Price
Schedule furnished in the tender documents indicating the goods to
be supplied a brief description of the Design Supply Installation
Erection commissioning and Operation amp Maintenance of Municipal
Solid Waste Treatment Equipmentrsquos and Machineries their country of
origin quantity and prices
b Financial Cover
9 Tender Prices
91 The Tenderer shall indicate on the Price Schedule of the unit
prices and total tender prices of the Design supply installation
7
erection commissioning of Two Biomethanation plant of 5 TPD each
capacity with operation amp maintenance for 1 YEAR at Burudgaon
Depo Ahmednagar
92 Tenderers shall quote for the complete requirement of
processing machinery with vehicles goods and services specified
under single responsibility basis The least bidder shall be awarded
the work
93 Prices indicated on the Price Schedule shall be inclusive of the
following
(i) The price of the goods and services quoted (proposed
Biomethanation Plant including Design Supply Installation erection
commissioning and Operation amp Maintenance as applicable) shall
include all duties and sales and other taxes already paid or payable
by the tenderer
(ii) Any duties sales and other taxes which will be payable on the
goods shall be borne by the contractor if this Contract is awarded
(iii) The price for inland transportation insurance and other local
costs incidental to delivery of the goods to their final destination and
(iv) Cost towards erection and commissioning at site including
foundation
94 Prices quoted by the Tenderer shall be fixed during the
Tendererrsquos performance of the Contract and not subject to variation
on any account A tender submitted with an adjustable price
quotation will be treated as non- responsive and rejected pursuant
to ITT Clause 22
10 Tender Currency
101 Prices shall be quoted in Indian Rupees
11 Documents Establishing Tenderers Eligibility and
Qualifications
111 Pursuant to ITT Clause 7 the Tenderer shall furnish as part of
its Tender documents establishing the Tendererrsquos eligibility to
8
tender and its qualifications to perform the Contract if its tender is
accepted
112 The documentary evidence of the Tenderers qualifications to
perform the Contract if its tender is accepted shall establish to the
Purchasers satisfaction
a) That the average financial turnover of the bidder is 1 crore
in last 3 financial years
b) That The tenderer must have experience of Supply
installation and Commissioning of at least one Bio methanation
plant of 5 TPD capacity in India within last 1 years
Or
b) The bidder must have technology transfer agreement with
BARC (Bhabha Atomic Research Center ) for Biomethanation
plant
Bidder are required to submit Work order copies and
ExecutionCompletion Certificate Technology Transfer Certificate
from BARC AMC may call for original certificates for verification
12 Documents Establishing Goods Eligibility and Conformity
to Tender Documents
121 Pursuant to ITB Clause 7 the Tenderer shall furnish as part of
its tender documents establishing the eligibility and conformity to
the tender documents of all goods and services which the tenderer
proposes to supply under the contract
122 The documentary evidence of conformity of the goods and
services to the tender documents may be in the form of literature
drawings and data and shall consist of
a) a detailed description of the proposed essential technical and
performance characteristics of the goods and machines
b) a list giving full particulars including available sources and
current prices of spare parts special tools etc necessary for the
9
proper and continuing functioning of the goods for a period of one
years following commencement of the use of the goods by the
Purchaser and
c) an item-by-item commentary on the Purchasers Technical
Specifications demonstrating substantial responsiveness of the goods
and services to those specifications or a statement of deviations and
exceptions to the provisions of the Technical Specifications
123 For purposes of the commentary to be furnished pursuant to
ITT Clause 122(c) above the Tenderer shall note that standards for
workmanship material and equipment and references to brand
names or catalogue numbers designated by the Purchaser in its
Technical Specifications are intended to be descriptive only and not
restrictive The Tenderer may substitute alternative standards brand
names andor catalogue numbers in its tender provided that it
demonstrates to the Purchasers satisfaction that the substitutions
ensure substantial equivalence to those designated in the Technical
Specifications
13 Earnest Money Deposit
131 Pursuant to ITT Clause 7 the Tenderer shall furnish as part of
its tender earnest money deposit in the amount as specified in
Section-V - Schedule of Requirements
132 The earnest money deposit is required to protect the Purchaser
against the risk of Tenderers conduct which would warrant the
securitys forfeiture pursuant to ITB Clause 137
133 The earnest money deposit shall be denominated in Indian
Rupees and shall be paid online only on the portal
134 Any tender not secured in accordance with ITT Clauses 131
and the Purchaser as non-responsive pursuant to ITT Clause 22 will
reject 133 above
135 Unsuccessful Tenderers earnest money deposit will be
dischargedreturned as promptly as possible but not later than 30
days after the expiration of the period of tender validity prescribed
by the Purchaser pursuant to ITT Clause 14
10
136 The successful Tenderers earnest money deposit will be
discharged upon the Tenderer signing the Contract pursuant to ITT
Clause 30 and furnishing the performance security pursuant to ITB
Clause 31
137 The tender security may be forfeited
(a) if a Tenderer (i) withdraws its tender during the period of
tender validity specified by the Tenderer on the Tender Form or (ii)
does not accept the correction of errors pursuant to ITT Clause 222
or
(b) in case of a successful Tenderer if the Tenderer fails (i) to sign
the Contract in accordance with ITT Clause 30 or (ii) to furnish
performance security in accordance with ITT Clause 31
14 Period of Validity of Tenders
141 Tenders shall remain valid for 120 days after the deadline for
submission of tenders prescribed by the Purchaser pursuant to ITT
Clause 17 A tender valid for a shorter period shall be rejected by the
Purchaser as non-responsive
142 In exceptional circumstances the Purchaser may solicit the
Tenderers consent to an extension of the period of validity The
request and the responses thereto shall be made in writing (or by
cable or telex or fax) The earnest money deposit provided under ITT
Clause 13 shall also be suitably extended A Tenderer may refuse the
request without forfeiting its earnest money deposit A Tenderer
granting the request will not be required nor permitted to modify its
tender
15 Format and Signing of Tender
151 Bidders shall submit offers that comply with the requirements
of the bidding documents including the basic technical design as
indicated in the drawing and specifications Alternatives will not be
considered
11
D Submission of Bids
16 Bidding through E-Tendering System
161 The tendering under this contract is electronic bid submission
through website httpamcmaharashtraetendersin Detailed
guidelines for viewing bids and submission of online bids are given
on the website The Invitation for Tenders is published on this
website Any citizen or prospective tenderer can logon to this
website and view the Invitation for Tenders and can view the details
of works for which bids are invited The prospective tenderer can
submit tenders online however the bidder is required to have
enrolmentregistration in the website and should have valid Digital
Signature Certificate (DSC) The DSC can be obtained from any
authorized certifying agencies The tenderer should register in the
web site httpamcmaharashtraetendersin After this the
tenderer can login the site through the secured login Bidders are
requested to go through the bid documents carefully and submit the
required information without exception otherwise bids will be
rejected
162 The completed tender should be uploaded on the website
given above through e-tendering along with scanned copies of
requisite certificates as are mentioned in different sections in the
bidding document and scanned copy of the Bid Security No financial
quote shall be uploaded as part of the Technical Bid
163 The bidder shall submit online the requirements under
qualification criteria and Technical and Financial parts The contents
of the Post Qualification and Technical and Financial bid shall be as
specified in ITT After electronic on line bid submission the system
generates a unique bid reference number which is time stamped
This shall be treated as acknowledgement of bid submission
17 Deadline for Submission of the Bids
171 Bids must be received by the Employer online not later than
the due date as specified in the online portal
172 The Employer may extend the deadline for submission of bids
by issuing an amendment in accordance with Clause 5 in which case
12
all rights and obligations of the Employer and the bidders previously
subject to the original deadline will then be subject to the new
deadline
18 Late Bids
181 The electronic bidding system would not allow any late
submission of bids after due date and time as per server time
19 Modification and Withdrawal of Bids
191 Tenderers may modify their bids online before the deadline
prescribed in Clause 17 for bid modification and consequential re-
submission
192 No tenders may be modified after the deadline for submission
of Bids
193 Withdrawal or modification of a tender between the deadline
for submission of tender and the expiration of the original period of
bid validity specified in Clause 141 above or as extended pursuant to
Clause 142 is not allowed in the e-procurement system If a tenderer
does the same through any other medium then it may result in the
forfeiture of the Tender security pursuant to Clause 137
E Tender Opening and Evaluation of Tenders
20 Opening of Tenders by the Purchaser
201 The Purchaser will open all the Technical Cover in the
presence of Tenderersrsquo representatives who choose to attend as per
e-portal
The Tendererrsquos representatives who are present shall sign a register
evidencing their attendance In the event of the specified date of
Tender opening being declared a holiday for the Purchaser the
tenders shall be opened at the appointed time and location on the
next working day
202 The Tendererrsquos names tender modifications or withdrawals
tender prices discounts and the presence or absence of requisite
tender security and such other details as the Purchaser at its
discretion may consider appropriate will be announced at the
opening No tender shall be rejected at tender opening except for late
13
tenders which shall be returned unopened to the Tenderer pursuant
to ITT Clause 18
203 Tenders (and modifications sent pursuant to ITT Clause 192)
that are not opened and read out at tender opening shall not be
considered further for evaluation irrespective of the circumstances
204 The Purchaser will prepare minutes of the tender opening The
Financial Bid of the successful bidders only will be opened after
completion of technical bid evaluation
21 Clarification of Tenders
During evaluation of tenders the Purchaser may at its discretion ask
the Tenderer for a clarification of its tender The request for
clarification and the response shall be in writing and no change in
prices or substance of the tender shall be sought offered or
permitted
22 Preliminary Examination
221 The Purchaser will examine the technical bid to determine
whether they are complete whether required sureties have been
furnished and whether the tenders are generally in order
2211 The evaluation committee appointed by the Employer as
a whole and each of its members individually will evaluate the
Technical Bids on the basis of their responsiveness to the ITB A Bid
shall be rejected at this stage if it does not respond to important
aspects of the Bid Document
222 After the evaluation of technical Bid is completed the
Purchaser shall notify those bidders whose Bids meet the
qualification criteria as detailed in Section VII or were considered
responsive to the bid document indicating that the presentation has
to be made by their company After presentation by the company the
committee members or the person authorized by the commissioner
may visit the plant established by the bidder The bidder to whom the
committee is satisfied with the documents and the presentation and
the site visit if required will be informed as technically qualified
bidders
14
223 The financial bid opening date shall not be informed to the
technically disqualified bidders
2231 The Financial Cover shall be opened publicly in the
presence of the bidders representatives who choose to attend The
bid opening shall be online only
2232 The evaluation committee will determine whether the
Financial Bids are complete correct any computational errors
Arithmetical errors will be rectified on the following basis If there is
a discrepancy between the unit price and the total price that is
obtained by multiplying the unit price and quantity the unit price
shall prevail and the total price shall be corrected If there is a
discrepancy between words and figures the lower of the two will
prevail If the Bidder does not accept the correction of errors its
tender will be rejected and its tender security may be forfeited
2233 All necessary civil work and other related works for
Biomethanation plant is to be done by the successful bidder AMC
shall provide the land road upto the plant site electric connection
upto the plant site AMC shall provide approximately 5 TPD non-veg
organic waste and 5 TPD organic (Veg) waste as feed for each
seperate plant
2234 During the contract period and always the processing
plant machines land and civil works shall be the property of AMC At
the time of handover of the plant to AMC the contractor shall
handover the plant in good running condition If it is found that the
plant is inoperative or needs any repairs and maintenance the
contractor should either repair it to satisfaction of the AMC or if AMC
get it done by its own resources the amount shall be deducted from
the performance security deposit submitted by the contractor
2235 This biding is called for Burudgaon Depo location The
selection procedure of the successful bidder shall be as under
a Whereas successful bidder shall be the bidder quoting lowest for
the Supply Installation Erection commissioning and Operation amp
Maintenance of Municipal Solid Waste Treatment Equipmentrsquos and
Machineries (L-1)
15
b The cost of the MSW Plant and allied accessories for operation
of the plant quoted by the bidder shall be paid by the AMC as per the
payment schedule given in the tender document The value of the
processing plant and allied accessories wit OampM quoted by the
bidder shall be the sole bidding criteria for the tender
c The successful contractor shall not be paid any kind tipping
fees for operating the plant The contractor shall sell the products
(GasElectricitycompostothers) recovered from the processing of
the waste to recover the operation and maintenance cost and the
profits
224 Term of Contract
The term of the contract shall be 1 YEAR and can be renewed for a
similar term if the performance of the contractor is satisfactory
225 Scope of Work
The scope of the work shall be processing of the 5 + 5 TPD waste for
each site (two sites)received at site The rejects from the processing
should not be more than 15 of the total waste The rejects shall be
kept at one side of the site from where the CampT contractor shall lift
the waste and transport it to landfill site
226 Prior to the detailed evaluation pursuant to ITB Clause 23 the
Purchaser will determine the substantial responsiveness of each
tender to the tender documents For purposes of these Clauses a
substantially responsive tender is one which conforms to all the
terms and conditions of the tender documents without material
deviations Deviations from or objections or reservations to critical
provisions such as those concerning Performance Security (GCC
Clause 6) Warranty (GCC Clause 14) Force Majeure (GCC Clause 24)
Limitation of liability (GCC Clause 28) Applicable law (GCC Clause
30) and Taxes amp Duties (GCC Clause 32) will be deemed to be a
material deviation The Purchasers determination of a tenders
responsiveness is to be based on the contents of the tender itself
without recourse to extrinsic evidence
16
227 If a tender is not substantially responsive it will be rejected by
the Purchaser and may not subsequently be made responsive by the
Tenderer by correction of the non-conformity
23 Evaluation and Comparison of Tenders
231 The Purchaser will evaluate and compare the tenders which
have been determined to be substantially responsive pursuant to ITT
Clause 22 for each schedule separately No tender will be considered
if the complete requirements covered in the schedule is not included
in the tender However as stated in ITT Clause 9 The tenderer shall
quote his final prices taken into account all discounts
24 Contacting the Purchaser
241 Subject to ITT Clause 21 no Tenderer shall contact the
Purchaser on any matter relating to its tender from the time of the
tender opening to the time the Contract is awarded If the tenderer
wishes to bring additional information to the notice of the purchaser
it should do so in writing
242 Any effort by a Tenderer to influence the Purchaser in its
decisions on tender evaluation tender comparison or contract award
may result in rejection of the Tenderers tender
F Award of Contract
25 Post qualification
251 In the absence of prequalification the Purchaser will determine
to its satisfaction whether the Tenderer that is selected as having
submitted the lowest evaluated responsive tender meets the criteria
specified in ITT Clause 112 (b) and is qualified to perform the
contract satisfactorily
252 The determination will take into account the Tenderers
financial technical and production capabilities It will be based upon
an examination of the documentary evidence of the Tenderers
qualifications submitted by the Tenderer pursuant to ITT Clause 11
as well as such other information as the Purchaser deems necessary
and appropriate
26 Award Criteria
17
261 Subject to ITT Clause 28 the Purchaser will award the Contract
to the successful Tenderer whose tender has been determined to be
substantially responsive and has been determined as the lowest
evaluated tender provided further that the Tenderer is determined
to be qualified to perform the Contract satisfactorily
27 Right to vary Quantities
271 The contractor shall have to erect the machines proposed by
him in the technical bid and presentation However during the
contract duration for better performance of the processing plant the
contractor shall be free to add the machines vehicles and civil works
at no cost to AMC The contractor shall not be allowed to sell the
installed machines as AMC has already paid the contractor for the
machines and ownership of the machines always lies with the AMC
28 Purchasers Right to Accept Any Tender and to Reject Any
or All Tenders
281 The Purchaser reserves the right to accept or reject any tender
and to annul the tendering process and reject all tenders at any time
prior to contract award without thereby incurring any liability to the
affected Tenderer or Tendererrsquos
29 Notification of Award
291 Prior to the expiration of the period of tender validity the
Purchaser will notify the successful tenderer in writing by registered
letter or by cabletelex or fax to be confirmed in writing by
registered letter that its tender has been accepted
292 The notification of award will constitute the formation of the
Contract
293 Upon the successful Tenderers furnishing of performance
security pursuant to ITT Clause 31 the Purchaser will promptly
notify the name of the winning Tenderer to each unsuccessful
Tenderer and will discharge its earnest money deposit pursuant to
ITT Clause 13
30 Signing of Contract
18
301 At the same time as the Purchaser notifies the successful
tenderer that its tender has been accepted the Purchaser will send
the Tenderer the Contract Form provided in the tender documents
incorporating all agreements between the parties
302 Within 21 days of receipt of the Contract Form the successful
Tenderer shall sign and date the Contract and return it to the
Purchaser
31 Performance Security
311 Within 21 days of the receipt of notification of award from the
Purchaser the successful Tenderer shall furnish the performance
security of 3 of the cost of the machines and equipments
quoted by him The performance security shall be in form of Bank
guarantee 2 payment shall be deducted from each payment which
will make the total performance security to 5 The performance
security shall be released at the end of the contract period
312 Failure of the successful Tenderer to comply with the
requirement of ITT Clause 302 or ITT Clause 311 shall constitute
sufficient grounds for the annulment of the award and forfeiture of
the earnest money deposit in which event the Purchaser may make
the award to the next lowest evaluated Tenderer or call for new
tenders
32 Corrupt or Fraudulent Practices
321 The Government requires that Tendererrsquos Bidders
Contractors observe the highest standard of ethics during the
procurement and execution of Government financed contracts In
pursuance of this policy the Government
(a) defines for the purposes of this provision the terms set forth
as follows
(i) ldquocorrupt practicerdquo means the offering giving receiving or
soliciting of any thing of value to influence the action of a public
official in the procurement process or in contract execution and
(ii) ldquofraudulent practicerdquo means a misrepresentation of facts in
order to influence a procurement process or the execution of a
contract to the detriment of the Government and includes collusive
19
practice among Tenderers (prior to or after tender submission)
designed to establish tender prices at artificial non-competitive
levels and to deprive the Government of the benefits of free and open
competition
(b) will reject a proposal for award if it determines that the
Tenderer recommended for award has engaged in corrupt or
fraudulent practices in competing for the contract in question
(c) will declare a firm ineligible either indefinitely or for a stated
period of time to be awarded a Government financed contract if it at
any time determines that the firm has engaged in corrupt or
fraudulent practices in competing for or in executing a Government-
financed contract
322 Furthermore Tenderers shall be aware of the provision stated
in sub-clause 44 and sub-clause 231 of the General Conditions of
Contract
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
Clause Number Topic
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information
Inspection and Audit by Government
5 Patent Rights
6 Performance Security
7 Inspection and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
20
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
21
General Conditions of Contract
1 Definitions
11 In this Contract the following terms shall be interpreted as
indicated
a The Contract means the agreement entered into between the
Purchaser and the Bidder as recorded in the Contract Form signed
by the parties including all the attachments and appendices thereto
and all documents incorporated by reference therein
b The Contract Price means the price payable to the Bidder
under the Contract for the full and proper performance of its
contractual obligations
c The Goods means all the equipment machinery andor other
materials which the Bidder is required to supply to the Purchaser
under the Contract
d Services means services ancillary to the supply of the Goods
such as transportation and insurance and any other incidental
services such as installation commissioning provision of technical
assistance training and other obligations of the Bidder covered
under the Contract
e ldquoGCCrdquo means the General Conditions of Contract contained in
this section
f ldquoSCCrdquo means the Special Conditions of Contract
g ldquoThe Purchaserrdquo means the organization purchasing the Goods
as named in SCC
h ldquoThe Purchaserrsquos countryrdquo is the country named in SCC
i ldquoThe Bidderrdquo means the individual or firm supplying the Goods
and Services under this Contract
j ldquoThe Governmentrdquo means the Government of Maharashtra
State
k ldquoThe Project Siterdquo where applicable means the place or places
named in SCC
l ldquoDayrdquo means calendar day
2 Application
22
21 These General Conditions shall apply to the extent that
provisions in other parts of the Contract do not supersede them
3 Standards
31 The Goods and machines supplied under this Contract shall
conform to the standards mentioned in the Technical Specifications
given in the technical bid of the bidder and when no applicable
standard is mentioned to the authoritative standard appropriate to
the Goods country of origin and such standards shall be the latest
issued by the concerned institution
4 Use of Contract Documents and Information Inspection
and Audit by the Government
41 The Bidder shall not without the Purchasers prior written
consent disclose the Contract or any provision thereof or any
specification plan drawing pattern sample or information furnished
by or on behalf of the Purchaser in connection therewith to any
person other than a person employed by the Bidder in performance
of the Contract Disclosure to any such employed person shall be
made in confidence and shall extend only so far as may be necessary
for purposes of such performance
42 The Bidder shall not without the Purchaserrsquos prior written
consent make use of any document or information enumerated in
GCC Clause 41 except for purposes of performing the contract
43 Any document other than the Contract itself enumerated in
GCC Clause 41 shall remain the property of the Purchaser and shall
be returned (in all copies) to the Purchaser on completion of the
Bidderrsquos performance under the Contract if so required by the
Purchaser
44 The Bidder shall permit the Government to inspect the Bidderrsquos
accounts and records relating to the performance of the Bidder and
to have them audited by auditors appointed by the Government if so
required by the Government
5 Patent Rights
23
51 The Bidder shall indemnify the Purchaser against all third-
party claims of infringement of patent trademark or industrial
design rights arising from use of the Goods or any part thereof in
India
6 Performance Security
61 Within 21 days of receipt of the notification of contract award
the Bidder shall furnish Performance Security to the Purchaser for an
amount of 5 of the Contract Value valid up to 30 days after the date
of completion of Contract
62 The proceeds of the performance security shall be payable to
the Purchaser as compensation for any loss resulting from the
Bidderrsquos failure to complete its obligations under the Contract
63 The Performance Security shall be denominated in Indian
Rupees and shall be in one of the following forms
a) A Bank guarantee issued by a NationalizedScheduled bank in
the form provided in the tender documents or another form
acceptable to the Purchaser or
b) Crossed demand draft or pay order drawn in favor of the
Purchaser or
64 The Performance Security will be discharged by the Purchaser
and returned to the Bidder not later than 60 days following the date
of completion of the Bidderrsquos performance obligations including any
Warranty obligations under the Contract
7 Inspections and Tests
71 The Purchaser or its representative shall have the right to
inspect andor to test the Goods to confirm their conformity to the
Contract specifications at no extra cost to the Contractor
72 The contractor shall conduct third party inspection from any of
the inspection agency approved by Government of India The cost of
the inspection should be paid by the contractor and no
reimbursement shall be made by AMC for the inspection The
inspection shall be done on the basis of the technical bid submitted
by the tenderer or the approved machines and drawings by AMC
24
73 The inspections and tests may be conducted on the premises of
the Bidder or its subcontractor(s) at point of delivery andor at the
Goods final destination If conducted on the premises of the Bidder or
its subcontractor(s) all reasonable facilities and assistance including
access to drawings and production data - shall be furnished to the
inspectors at no charge to the Purchaser
74 Should any inspected or tested Goods fail to conform to the
specifications the Purchaser may reject the goods and the Bidder
shall either replace the rejected Goods or make alterations necessary
to meet specification requirements free of cost to the Purchaser
75 The Purchasers right to inspect test and where necessary
reject the Goods after the Goods arrival at Project Site shall in no
way be limited or waived by reason of the Goods having previously
been inspected tested and passed by the Purchaser or its
representative prior to the Goods shipment
76 Nothing in GCC Clause 7 shall in any way release the Bidder
from any warranty or other obligations under this Contract
77 Manuals and Drawings
771 Before the goods and equipment are taken over by the
Purchaser the Bidder shall supply operation and maintenance
manuals together with drawings of the goods and equipment These
shall be in such detail as will enable the Purchaser to operate
maintain adjust and repair all parts of the equipment as stated in the
specifications
772 The manuals and drawings shall be in the ruling language
(English) and in such form and numbers as stated in the contract
773 Unless and otherwise agreed the goods and equipment shall
not be considered to be completed for the purpose of taking over
until such manuals and drawings have been supplied to the
Purchaser
8 Packing
25
81 The packing of the goods may not be required however the
documents like operational manual and list of equipments shall be
submitted in two copies in booklet form
9 Delivery and Documents
91 Delivery of the Goods shall be made by the Bidder in
accordance with the terms specified by the Purchaser in the
Notification of Award The bills for the machines shall be submitted
in duplicate The bills for only those equipment will be accepted
whose delivery at site has been done by the bidder
10 Insurance
101 It will the responsibility of the contractor that the Goods and
machines supplied under the Contract shall be fully insured by the
contractor in Indian Rupees against loss or damage incidental to
manufacture or acquisition transportation storage and delivery for
complete duration of the contract For delivery of goods at site the
insurance shall be obtained by the Bidder in an amount equal to
110 of the value of the goods from ldquowarehouse to warehouserdquo
(final destinations) on ldquoAll Risksrdquo basis including War risks and
Strikes
11 Transportation
111 Where the Bidder is required under the Contract to transport
the Goods to a specified place of destination within India defined as
Project site the Bidder as shall be specified in the Contract shall
arrange transport to such place of destination in India including
insurance and the related cost shall be included in the Contract Price
12 Incidental Services
121 The Bidder may be required to provide any or all of the
following services including additional services if any specified in
SCC
a performance or supervision of the on-site assembly andor
start-up of the supplied Goods
b furnishing of tools required for assembly andor maintenance
of the supplied Goods
26
c furnishing of detailed operations and maintenance manual for
each appropriate unit of supplied Goods
d performance or supervision or maintenance andor repair of
the supplied Goods for a period of time agreed by the parties
provided that this service shall not relieve the Bidder of any
warranty obligations under this Contract and
e training of the Purchasers personnel at the Bidderrsquos plant
andor on-site in assembly start-up operation maintenance andor
repair of the supplied Goods
f detailed specifications of each equipment in detail to be
provided
g arrangement of required vehicles and implements for loading
amp unloading of Equipment at Facilities and other required infra for
assembling of equipment
122 Prices charged by the Bidder for incidental services if not
included in the Contract Price for the Goods shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates
charged to other parties by the Bidder for similar services
13 Spare Parts
131 As specified in the SCC the contractor shall be required to
provide any or all of the materials and spare parts at no cost to AMC
132 The Bidder shall carry sufficient inventories to assure ex-stock
supply of consumable spares for the Goods such as gaskets plugs
washers belts etc
14 Warranty
141 The Bidder warrants that the Goods supplied under this
Contract are new unused of the most recent or current models and
that they incorporate all recent improvements in design and
materials unless provided otherwise in the Contract The Bidder
further warrants that all Goods supplied under this Contract shall
have no defect arising from design materials or workmanship
(except when the design andor material is required by the
Purchasers Specifications) or from any act or omission of the Bidder
that may develop under normal use of the supplied Goods in the
conditions prevailing in the country of final destination
27
142 This warranty shall remain valid for 12 months after all the
sections of the entire plant have been delivered and successfully
commissioned and desired outputs are achieved as indicated in the
Contract Although section wise commissioning is proposed the
warranty will come into effect only after completion of all the
sections The Bidder shall in addition comply with the performance
andor consumption guarantees specified under the Contract If for
reasons attributable to the Bidder these guarantees are not attained
in whole or in part the Bidder shall at its discretion either
a make such changes modifications andor additions to the
Goods or any part thereof as may be necessary in order to attain the
contractual guarantees specified in the Contract at its own cost and
expense and to carry out further performance tests in accordance
with SCC Clause 2 OR
b pay liquidated damages to the Purchaser with respect to the
failure to meet the contractual guarantees The rate of these
liquidated damages shall be as specified in the Technical
Specifications
143 If the Bidder having been notified fails to remedy the defect(s)
within 15 days the Purchaser may proceed to take such remedial
action as may be necessary at the Bidderrsquos risk and expense and
without prejudice to any other rights which the Purchaser may have
against the Bidder under the Contract
15 Payment
151 The method and conditions of payment to be made to the
Bidder under this Contract shall be specified in the SCC
152 The Bidderrsquos request(s) for payment shall be made to the
Purchaser in writing accompanied by an invoice describing as
appropriate the Goods delivered and the Services performed and by
documents submitted pursuant to GCC Clause 9 and upon fulfillment
of other obligations stipulated in the contract
153 Payments shall be made promptly by the Purchaser but in no
case later than thirty (30) days after submission of the invoice or
claim by the Bidder
28
154 Payment shall be made in Indian Rupees
16 Prices
161 Prices payable to the Bidder as stated in the contract shall be
firm during the performance of the contract
17 Change Orders
171 The Purchaser may at any time by written order given to the
Bidder pursuant to GCC Clause 31 make changes within the general
scope of the Contract in any one or more of the following
a drawings designs or specifications where Goods to be
furnished under the Contract are to be specifically manufactured for
the Purchaser
b the Services to be provided by the Bidder
172 If any such change causes an increase or decrease in the cost of
or the time required for the Bidderrsquos performance of any provisions
under the Contract an equitable adjustment shall be made in the
Contract Price or delivery schedule or both and the Contract shall
accordingly be amended Any claims by the Bidder for adjustment
under this clause must be asserted within thirty (30) days from the
date of the Bidderrsquos receipt of the Purchasers change order
18 Contract Amendments
181 Subject to GCC Clause 17 no variation in or modification of the
terms of the Contract shall be made except by written amendment
signed by the parties
19 Assignment
191 The Bidder shall not assign in whole or in part its obligations
to perform under the Contract except with the Purchasers prior
written consent
20 Subcontracts
201 Any subcontracting work should be done after confirmation of
the same from the AMC
21 Delays in the Bidderrsquos Performance
29
211 Delivery of the Goods and performance of the Services shall be
made by the Bidder in accordance with the time schedule specified
by the Purchaser in the Schedule of Requirements
212 If at any time during performance of the Contract the Bidder or
its sub-contractor(s) should encounter conditions impeding timely
delivery of the Goods and performance of Services the Bidder shall
promptly notify the Purchaser in writing of the fact of the delay its
likely duration and its cause(s) As soon as practicable after receipt of
the Bidderrsquos notice the Purchaser shall evaluate the situation and
may at its discretion extend the Bidderrsquos time for performance with
or without liquidated damages in which case the extension shall be
ratified by the parties by amendment of the Contract
213 Except as provided under GCC Clause 24 a delay by the Bidder
in the performance of its delivery obligations shall render the Bidder
liable to the imposition of liquidated damages pursuant to GCC
Clause 22 unless an extension of time is agreed upon pursuant to
GCC Clause 212 without the application of liquidated damages
22 Liquidated Damages
221 Subject to GCC Clause 24 if the Bidder fails to deliver any or all
of the Goods or to perform the Services within the period(s) specified
in the Contract the Purchaser shall without prejudice to its other
remedies under the Contract deduct from the Contract Price as
liquidated damages a sum equivalent to 2 of the delivered price of
the delayed Goods or unperformed Services for each week or part
thereof of delay until actual delivery or performance up to a
maximum deduction of 10 of the Contract Price Once the
maximum is reached the Purchaser may consider termination of the
Contract pursuant to GCC Clause 23 Liquidated Damages is applicable
only up to commission and trial run period and not applicable to AMC
phase of the Contract
23 Termination for Default
30
231 The Purchaser may without prejudice to any other remedy for
breach of contract by written notice of default sent to the Bidder
terminate the Contract in whole or part
a if the Bidder fails to deliver any or all of the Goods within the
period(s) specified in the Contract or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 21 or
b if the Bidder fails to perform any other obligation(s) under the
Contract
c If the Bidder in the judgement of the Purchaser has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract
For the purpose of this Clause
ldquoCorrupt practicerdquo means the offering giving receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution
ldquofraudulent practicerdquo means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition
232 In the event the Purchaser terminates the Contract in whole or
in part pursuant to GCC Clause 231 the Purchaser may procure
upon such terms and in such manner as it deems appropriate Goods
or Services similar to those undelivered and the Bidder shall be
liable to the Purchaser for any excess costs for such similar Goods or
Services However the Bidder shall continue the performance of the
Contract to the extent not terminated
24 Force Majeure
241 Not with standing the provisions of GCC Clauses 21 22 23 the
Bidder shall not be liable for forfeiture of its performance security
liquidated damages or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
BIOMETHANATION PLANT
xi
Ahmednagar Municipal Corporation
TENDER FOR
ldquo DESIGN SUPPLY INSTALLATION ERECTION COMMISSIONING OF BIOMETHANATION
PLANT OF 5 TPD CAPACITY EACH X 2 NOS AND OPERATION amp MAINTENANCE FOR 1
YEAR AT BURUDGAON DEPO AHMEDNAGARrdquo
BIOMETHANATION PLANT
xii
Table of Contents
SECTION I INVITATION FOR TENDERS (IFT)
SECTION II INSTRUCTION TO TENDERERS
A Introduction
1 Eligible Tenderers
2 Cost of Tendering
B The Tender Documents
3 Contents of Tender Documents
4 Clarification of Tender Documents
5 Amendment of Tender Documents (l)
C Preparation of Tenders
6 Language of Tender
7 Documents Constituting the Tender
8 Tender Form
9 Tender Prices
10 Tender Currency
11 Documents Establishing Tenderers Eligibility and Qualifications
12 Documents Establishing Goods Eligibility and Conformity to Tender
Documents
13 Earnest Money Deposit
14 Period of Validity of Tenders
15 Format and Signing of Tender
D Submission of Bids
16 Bidding through E-Tendering System
17 Deadline for Submission of the Bids
18 Late Bids
19 Modification and Withdrawal of Bids
E Tender Opening and Evaluation of Tenders
20 Opening of Tenders by the Purchaser
21 Clarification of Tenders
23 Evaluation and Comparison of Tenders
24 Contacting the Purchaser
F Award of Contract
25 Post qualification
26 Award Criteria
27 Right to vary Quantities
BIOMETHANATION PLANT
xiii
28 Purchasers Right to Accept Any Tender and to Reject Any or All Tenders
29 Notification of Award
30 Signing of Contract
31 Performance Security
32 Corrupt or Fraudulent Practices
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information Inspection and Audit by the
Government
5 Patent Rights
6 Performance Security
7 Inspections and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in the Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
BIOMETHANATION PLANT
xiv
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
SECTION IV SPECIAL CONDITIONS OF CONTRACT
Special Conditions of Contract
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (Clause 27)
7 Notices (Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligations
12 Patent Rights
SECTION V SCHEDULE OF REQUIREMENTS
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
Annexure-1- Plant proposed
Annexure- 2 Other conditions
SECTION VII QUALIFICATION CRITERIA
SECTION VIII TENDER FORM
SECTION IX PRICE SCHEDULE FORMAT
SECTION X CONTRACT FORM
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
SECTION XII-Proforma for Performance Statement of Bidder
1
SECTION I INVITATION FOR TENDERS (IFT)
Date
No
The Ahmednagar Municipal Corporation (AMC) invites tenders from eligible tenderers for ldquoDesign supply installation erection
commissioning of Two Biomethanation plant of 5 TPD each
capacity with operation amp maintenance for 1 YEAR at Burudgaon
Depo Ahmednagarrdquo (place may be chamged as per necessory)
1 The tenderers shall submit tender for all the works under this
contract Part bidding of tender is not allowed
2 The Tender document is available online from e-portal and
bids are to be submitted online through the e-procurement portal
httpamcmaharashtraetendersin Bids submitted manually will
not be accepted One can view and download the tenders published
currently by logging on to httpamcmaharashtraetendersin
For submission of the bids the bidders are required to have Digital
Signature Certificate (DSC) from one of the authorized Certifying
Authorities as detailed in the website
31 Aspiring bidders who have not obtained the User ID and
Password for participating in e-tendering may obtain the same by
registering in the website The contractors once registered can
participate in any of the department tenders
32 The bidding is a single stage two cover system ie- two cover
system (First Cover (Technical) and Second Cover (Financial)) and
Operator to be selected on Least Cost Selection (LCS)
3 Bidders are required to pay online the tender processing fee as
detailed in the website
Note (The non-refundable Tender processing fee details is available
on the e-procurement website)
4 A Pre-bid Meeting will be held at the Office of ldquoCommissioner
Ahmednagar Municipal Corporationrdquo to clarify the issues and to
2
answer questions on any matter that may be raised at that stage as
stated in Clause 92 of lsquoInstructions to Biddersrsquo of the bidding
document
5 The last Date and time for receipt of bids through the e-
tendering portal httpamcmaharashtraetendersin and will be
opened as per e-portal from the last date and time of receipt of bids
If the office happens to be closed on the date of opening of the bids as
specified the bids will be opened on the next working day at the
same time and venue
6 Other details can be seen in the bidding documents
Note
The Employer shall not be held liable for any delays due to system
failure beyond its control Even though the system will attempt to
notify the bidders of any bid updates The Employer shall not be
liable for any information not received by the bidder It is the
biddersrsquo responsibility to verify the website for the latest information
related to the tender The bidder is required to ensure browser
compatibility of the computer well in advance to the last date and
time for receipt of the tenders The department shall not be
responsible for non-accessibility of e-procurement portal due to
internet connectivity issues and technical glitches
3
SECTION II INSTRUCTION TO TENDERERS
A Introduction
1 Eligible Tenderers
11 The tender is open to all bidders who satisfy the qualification
criteria
12 The tenderer should be a registered legal entity Joint ventures
are allowed
13 Tenderers should not be associated or have been associated in
the past directly or indirectly with a firm or any of its affiliates
which have been engaged by the Purchaser to provide consulting
services for the preparation of the design specifications and other
documents to be used for the procurement of the goods to be
purchased under this Invitation of Tenders
14 Tenderers shall not be under a declaration of ineligibility for
corrupt and fraudulent practices issued by Government of
Maharashtra or India
2 Cost of Tendering
21 The Tenderer shall bear all costs associated with the
preparation and submission of its tender and AMC hereinafter
referred to as the Purchaser will in no case be responsible or liable
for these costs regardless of the conduct or outcome of the tender
process
B The Tender Documents
3 Contents of Tender Documents
31 The goods required tendering procedures and contract terms
are prescribed in the tender documents In addition to the Invitation
for Tenders the tender documents include
a Instruction to Tenderers (ITT)
b General Conditions of Contract (GCC)
c Special Conditions of Contract (SCC)
d Schedule of Requirements
4
e Technical Specifications
f Tender Form and Price Schedules
g Earnest Money Deposit Form
h Contract Form
i Performance Security Form
j Performance Statement Form
32 The Tenderer is expected to examine all instructions forms
terms and specifications in the tender documents Failure to furnish
all information required by the tender documents or submission of a
tender not substantially responsive to the tender documents in every
respect will be at the Tendererrsquos risk and may result in rejection of its
tender
4 Clarification of Tender Documents
41 The electronic bidding system provides for online
clarifications A prospective tenderer requiring any clarification may
notify online the authority inviting the bid The authority-inviting bid
will respond to any request(s) for clarification received in writing up
to pre-bid meeting Description of clarification sought and the
response of the authority inviting the bid will be uploaded for
information of the public or other bidders without identifying the
source of request for clarification
The Tenderer or his official representative is invited to attend a pre-
bid meeting which will take place at the office of the ldquoCommissioner
Ahmednagar Municipal Corporationrdquo
42 The purpose of the meeting will be to clarify issues and to
answer questions on any matter that may be raised at that stage
43 The Tenderer is requested to submit any questions in written
addressed to the commissioner Ahmednagar Municipal Corporation
not later than day of pre-bid meeting
44 Minutes of the meeting including the text of the questions
raised (without identifying the source of enquiry) and the responses
given will be uploaded on the website
httpamcmaharashtraetendersin Any modification of the
5
bidding documents which may become necessary as a result of the
pre-bid meeting shall be made by the Purchaser exclusively through
the issue of an Addendum in pursuant to Clause 5 of IT Band
45 Non-attendance at the pre-bid meeting will not be a cause for
disqualification of a bidder
5 Amendment of Tender Documents (l)
51 At any time prior to the deadline for submission of tenders the
Purchaser may for any reason whether at its own initiative or in
response to a clarification requested by a prospective tenderer
modify the tender documents by amendment
52 The addendum will appear on the web page of the website
httpamcmaharashtraetendersin
53 In order to allow prospective tenderers reasonable time in
which to take the amendment into account in preparing their
tenders the Purchaser at its discretion may extend the deadline for
the submission of tenders
C Preparation of Tenders
6 Language of Tender
61 The tender prepared by the Tenderer as well as all
correspondence and documents relating to the tender exchanged by
the Tenderer and the Purchaser shall be written in English language
Supporting documents and printed literature furnished by the
Tenderer may be in another language provided they are
accompanied by an accurate translation of the relevant passages in
the English language in which case for purposes of interpretation of
the Tender the translation shall govern
7 Documents Constituting the Tender
a Technical Cover
The bidding is a single stage two cover system (First Cover
(Technical) and Second Cover (Financial)) and Successful Bidder to
be selected on Least Cost Selection (LCS) The bidder shall attach the
detailed technical specification of the machines proposed by him in
6
the technical bid The bidder shall attach the flow chart and detailed
proposed Biomethnation plant in the technical bid
The technical proposal will be evaluated and the proposal which are
found technically sound and satisfy other eligibility criteria shall be
called for presentation before the committee If committee finds the
offer technically viable the bidder shall be technically qualified
71 While preparing the Technical Tender Operator is expected to
examine the documents comprising this bid document Material
deficiencies in providing the information requested may result in
rejection of a tender The tender prepared by the Tenderer shall
comprise the following components
a) Documentary evidence established in accordance with ITT
Clause 11 that the Tenderer is eligible to tender and is qualified to
perform the contract if its tender is accepted
b) Documentary evidence established in accordance with ITT
Clause 12 that the goods and ancillary services to be supplied by the
Tenderer are eligible goods and services and conform to the tender
documents and
c) Earnest money deposit furnished in accordance with ITT
Clause 13
8 Tender Form
81 The Tenderer shall complete the Tender Form and the Price
Schedule furnished in the tender documents indicating the goods to
be supplied a brief description of the Design Supply Installation
Erection commissioning and Operation amp Maintenance of Municipal
Solid Waste Treatment Equipmentrsquos and Machineries their country of
origin quantity and prices
b Financial Cover
9 Tender Prices
91 The Tenderer shall indicate on the Price Schedule of the unit
prices and total tender prices of the Design supply installation
7
erection commissioning of Two Biomethanation plant of 5 TPD each
capacity with operation amp maintenance for 1 YEAR at Burudgaon
Depo Ahmednagar
92 Tenderers shall quote for the complete requirement of
processing machinery with vehicles goods and services specified
under single responsibility basis The least bidder shall be awarded
the work
93 Prices indicated on the Price Schedule shall be inclusive of the
following
(i) The price of the goods and services quoted (proposed
Biomethanation Plant including Design Supply Installation erection
commissioning and Operation amp Maintenance as applicable) shall
include all duties and sales and other taxes already paid or payable
by the tenderer
(ii) Any duties sales and other taxes which will be payable on the
goods shall be borne by the contractor if this Contract is awarded
(iii) The price for inland transportation insurance and other local
costs incidental to delivery of the goods to their final destination and
(iv) Cost towards erection and commissioning at site including
foundation
94 Prices quoted by the Tenderer shall be fixed during the
Tendererrsquos performance of the Contract and not subject to variation
on any account A tender submitted with an adjustable price
quotation will be treated as non- responsive and rejected pursuant
to ITT Clause 22
10 Tender Currency
101 Prices shall be quoted in Indian Rupees
11 Documents Establishing Tenderers Eligibility and
Qualifications
111 Pursuant to ITT Clause 7 the Tenderer shall furnish as part of
its Tender documents establishing the Tendererrsquos eligibility to
8
tender and its qualifications to perform the Contract if its tender is
accepted
112 The documentary evidence of the Tenderers qualifications to
perform the Contract if its tender is accepted shall establish to the
Purchasers satisfaction
a) That the average financial turnover of the bidder is 1 crore
in last 3 financial years
b) That The tenderer must have experience of Supply
installation and Commissioning of at least one Bio methanation
plant of 5 TPD capacity in India within last 1 years
Or
b) The bidder must have technology transfer agreement with
BARC (Bhabha Atomic Research Center ) for Biomethanation
plant
Bidder are required to submit Work order copies and
ExecutionCompletion Certificate Technology Transfer Certificate
from BARC AMC may call for original certificates for verification
12 Documents Establishing Goods Eligibility and Conformity
to Tender Documents
121 Pursuant to ITB Clause 7 the Tenderer shall furnish as part of
its tender documents establishing the eligibility and conformity to
the tender documents of all goods and services which the tenderer
proposes to supply under the contract
122 The documentary evidence of conformity of the goods and
services to the tender documents may be in the form of literature
drawings and data and shall consist of
a) a detailed description of the proposed essential technical and
performance characteristics of the goods and machines
b) a list giving full particulars including available sources and
current prices of spare parts special tools etc necessary for the
9
proper and continuing functioning of the goods for a period of one
years following commencement of the use of the goods by the
Purchaser and
c) an item-by-item commentary on the Purchasers Technical
Specifications demonstrating substantial responsiveness of the goods
and services to those specifications or a statement of deviations and
exceptions to the provisions of the Technical Specifications
123 For purposes of the commentary to be furnished pursuant to
ITT Clause 122(c) above the Tenderer shall note that standards for
workmanship material and equipment and references to brand
names or catalogue numbers designated by the Purchaser in its
Technical Specifications are intended to be descriptive only and not
restrictive The Tenderer may substitute alternative standards brand
names andor catalogue numbers in its tender provided that it
demonstrates to the Purchasers satisfaction that the substitutions
ensure substantial equivalence to those designated in the Technical
Specifications
13 Earnest Money Deposit
131 Pursuant to ITT Clause 7 the Tenderer shall furnish as part of
its tender earnest money deposit in the amount as specified in
Section-V - Schedule of Requirements
132 The earnest money deposit is required to protect the Purchaser
against the risk of Tenderers conduct which would warrant the
securitys forfeiture pursuant to ITB Clause 137
133 The earnest money deposit shall be denominated in Indian
Rupees and shall be paid online only on the portal
134 Any tender not secured in accordance with ITT Clauses 131
and the Purchaser as non-responsive pursuant to ITT Clause 22 will
reject 133 above
135 Unsuccessful Tenderers earnest money deposit will be
dischargedreturned as promptly as possible but not later than 30
days after the expiration of the period of tender validity prescribed
by the Purchaser pursuant to ITT Clause 14
10
136 The successful Tenderers earnest money deposit will be
discharged upon the Tenderer signing the Contract pursuant to ITT
Clause 30 and furnishing the performance security pursuant to ITB
Clause 31
137 The tender security may be forfeited
(a) if a Tenderer (i) withdraws its tender during the period of
tender validity specified by the Tenderer on the Tender Form or (ii)
does not accept the correction of errors pursuant to ITT Clause 222
or
(b) in case of a successful Tenderer if the Tenderer fails (i) to sign
the Contract in accordance with ITT Clause 30 or (ii) to furnish
performance security in accordance with ITT Clause 31
14 Period of Validity of Tenders
141 Tenders shall remain valid for 120 days after the deadline for
submission of tenders prescribed by the Purchaser pursuant to ITT
Clause 17 A tender valid for a shorter period shall be rejected by the
Purchaser as non-responsive
142 In exceptional circumstances the Purchaser may solicit the
Tenderers consent to an extension of the period of validity The
request and the responses thereto shall be made in writing (or by
cable or telex or fax) The earnest money deposit provided under ITT
Clause 13 shall also be suitably extended A Tenderer may refuse the
request without forfeiting its earnest money deposit A Tenderer
granting the request will not be required nor permitted to modify its
tender
15 Format and Signing of Tender
151 Bidders shall submit offers that comply with the requirements
of the bidding documents including the basic technical design as
indicated in the drawing and specifications Alternatives will not be
considered
11
D Submission of Bids
16 Bidding through E-Tendering System
161 The tendering under this contract is electronic bid submission
through website httpamcmaharashtraetendersin Detailed
guidelines for viewing bids and submission of online bids are given
on the website The Invitation for Tenders is published on this
website Any citizen or prospective tenderer can logon to this
website and view the Invitation for Tenders and can view the details
of works for which bids are invited The prospective tenderer can
submit tenders online however the bidder is required to have
enrolmentregistration in the website and should have valid Digital
Signature Certificate (DSC) The DSC can be obtained from any
authorized certifying agencies The tenderer should register in the
web site httpamcmaharashtraetendersin After this the
tenderer can login the site through the secured login Bidders are
requested to go through the bid documents carefully and submit the
required information without exception otherwise bids will be
rejected
162 The completed tender should be uploaded on the website
given above through e-tendering along with scanned copies of
requisite certificates as are mentioned in different sections in the
bidding document and scanned copy of the Bid Security No financial
quote shall be uploaded as part of the Technical Bid
163 The bidder shall submit online the requirements under
qualification criteria and Technical and Financial parts The contents
of the Post Qualification and Technical and Financial bid shall be as
specified in ITT After electronic on line bid submission the system
generates a unique bid reference number which is time stamped
This shall be treated as acknowledgement of bid submission
17 Deadline for Submission of the Bids
171 Bids must be received by the Employer online not later than
the due date as specified in the online portal
172 The Employer may extend the deadline for submission of bids
by issuing an amendment in accordance with Clause 5 in which case
12
all rights and obligations of the Employer and the bidders previously
subject to the original deadline will then be subject to the new
deadline
18 Late Bids
181 The electronic bidding system would not allow any late
submission of bids after due date and time as per server time
19 Modification and Withdrawal of Bids
191 Tenderers may modify their bids online before the deadline
prescribed in Clause 17 for bid modification and consequential re-
submission
192 No tenders may be modified after the deadline for submission
of Bids
193 Withdrawal or modification of a tender between the deadline
for submission of tender and the expiration of the original period of
bid validity specified in Clause 141 above or as extended pursuant to
Clause 142 is not allowed in the e-procurement system If a tenderer
does the same through any other medium then it may result in the
forfeiture of the Tender security pursuant to Clause 137
E Tender Opening and Evaluation of Tenders
20 Opening of Tenders by the Purchaser
201 The Purchaser will open all the Technical Cover in the
presence of Tenderersrsquo representatives who choose to attend as per
e-portal
The Tendererrsquos representatives who are present shall sign a register
evidencing their attendance In the event of the specified date of
Tender opening being declared a holiday for the Purchaser the
tenders shall be opened at the appointed time and location on the
next working day
202 The Tendererrsquos names tender modifications or withdrawals
tender prices discounts and the presence or absence of requisite
tender security and such other details as the Purchaser at its
discretion may consider appropriate will be announced at the
opening No tender shall be rejected at tender opening except for late
13
tenders which shall be returned unopened to the Tenderer pursuant
to ITT Clause 18
203 Tenders (and modifications sent pursuant to ITT Clause 192)
that are not opened and read out at tender opening shall not be
considered further for evaluation irrespective of the circumstances
204 The Purchaser will prepare minutes of the tender opening The
Financial Bid of the successful bidders only will be opened after
completion of technical bid evaluation
21 Clarification of Tenders
During evaluation of tenders the Purchaser may at its discretion ask
the Tenderer for a clarification of its tender The request for
clarification and the response shall be in writing and no change in
prices or substance of the tender shall be sought offered or
permitted
22 Preliminary Examination
221 The Purchaser will examine the technical bid to determine
whether they are complete whether required sureties have been
furnished and whether the tenders are generally in order
2211 The evaluation committee appointed by the Employer as
a whole and each of its members individually will evaluate the
Technical Bids on the basis of their responsiveness to the ITB A Bid
shall be rejected at this stage if it does not respond to important
aspects of the Bid Document
222 After the evaluation of technical Bid is completed the
Purchaser shall notify those bidders whose Bids meet the
qualification criteria as detailed in Section VII or were considered
responsive to the bid document indicating that the presentation has
to be made by their company After presentation by the company the
committee members or the person authorized by the commissioner
may visit the plant established by the bidder The bidder to whom the
committee is satisfied with the documents and the presentation and
the site visit if required will be informed as technically qualified
bidders
14
223 The financial bid opening date shall not be informed to the
technically disqualified bidders
2231 The Financial Cover shall be opened publicly in the
presence of the bidders representatives who choose to attend The
bid opening shall be online only
2232 The evaluation committee will determine whether the
Financial Bids are complete correct any computational errors
Arithmetical errors will be rectified on the following basis If there is
a discrepancy between the unit price and the total price that is
obtained by multiplying the unit price and quantity the unit price
shall prevail and the total price shall be corrected If there is a
discrepancy between words and figures the lower of the two will
prevail If the Bidder does not accept the correction of errors its
tender will be rejected and its tender security may be forfeited
2233 All necessary civil work and other related works for
Biomethanation plant is to be done by the successful bidder AMC
shall provide the land road upto the plant site electric connection
upto the plant site AMC shall provide approximately 5 TPD non-veg
organic waste and 5 TPD organic (Veg) waste as feed for each
seperate plant
2234 During the contract period and always the processing
plant machines land and civil works shall be the property of AMC At
the time of handover of the plant to AMC the contractor shall
handover the plant in good running condition If it is found that the
plant is inoperative or needs any repairs and maintenance the
contractor should either repair it to satisfaction of the AMC or if AMC
get it done by its own resources the amount shall be deducted from
the performance security deposit submitted by the contractor
2235 This biding is called for Burudgaon Depo location The
selection procedure of the successful bidder shall be as under
a Whereas successful bidder shall be the bidder quoting lowest for
the Supply Installation Erection commissioning and Operation amp
Maintenance of Municipal Solid Waste Treatment Equipmentrsquos and
Machineries (L-1)
15
b The cost of the MSW Plant and allied accessories for operation
of the plant quoted by the bidder shall be paid by the AMC as per the
payment schedule given in the tender document The value of the
processing plant and allied accessories wit OampM quoted by the
bidder shall be the sole bidding criteria for the tender
c The successful contractor shall not be paid any kind tipping
fees for operating the plant The contractor shall sell the products
(GasElectricitycompostothers) recovered from the processing of
the waste to recover the operation and maintenance cost and the
profits
224 Term of Contract
The term of the contract shall be 1 YEAR and can be renewed for a
similar term if the performance of the contractor is satisfactory
225 Scope of Work
The scope of the work shall be processing of the 5 + 5 TPD waste for
each site (two sites)received at site The rejects from the processing
should not be more than 15 of the total waste The rejects shall be
kept at one side of the site from where the CampT contractor shall lift
the waste and transport it to landfill site
226 Prior to the detailed evaluation pursuant to ITB Clause 23 the
Purchaser will determine the substantial responsiveness of each
tender to the tender documents For purposes of these Clauses a
substantially responsive tender is one which conforms to all the
terms and conditions of the tender documents without material
deviations Deviations from or objections or reservations to critical
provisions such as those concerning Performance Security (GCC
Clause 6) Warranty (GCC Clause 14) Force Majeure (GCC Clause 24)
Limitation of liability (GCC Clause 28) Applicable law (GCC Clause
30) and Taxes amp Duties (GCC Clause 32) will be deemed to be a
material deviation The Purchasers determination of a tenders
responsiveness is to be based on the contents of the tender itself
without recourse to extrinsic evidence
16
227 If a tender is not substantially responsive it will be rejected by
the Purchaser and may not subsequently be made responsive by the
Tenderer by correction of the non-conformity
23 Evaluation and Comparison of Tenders
231 The Purchaser will evaluate and compare the tenders which
have been determined to be substantially responsive pursuant to ITT
Clause 22 for each schedule separately No tender will be considered
if the complete requirements covered in the schedule is not included
in the tender However as stated in ITT Clause 9 The tenderer shall
quote his final prices taken into account all discounts
24 Contacting the Purchaser
241 Subject to ITT Clause 21 no Tenderer shall contact the
Purchaser on any matter relating to its tender from the time of the
tender opening to the time the Contract is awarded If the tenderer
wishes to bring additional information to the notice of the purchaser
it should do so in writing
242 Any effort by a Tenderer to influence the Purchaser in its
decisions on tender evaluation tender comparison or contract award
may result in rejection of the Tenderers tender
F Award of Contract
25 Post qualification
251 In the absence of prequalification the Purchaser will determine
to its satisfaction whether the Tenderer that is selected as having
submitted the lowest evaluated responsive tender meets the criteria
specified in ITT Clause 112 (b) and is qualified to perform the
contract satisfactorily
252 The determination will take into account the Tenderers
financial technical and production capabilities It will be based upon
an examination of the documentary evidence of the Tenderers
qualifications submitted by the Tenderer pursuant to ITT Clause 11
as well as such other information as the Purchaser deems necessary
and appropriate
26 Award Criteria
17
261 Subject to ITT Clause 28 the Purchaser will award the Contract
to the successful Tenderer whose tender has been determined to be
substantially responsive and has been determined as the lowest
evaluated tender provided further that the Tenderer is determined
to be qualified to perform the Contract satisfactorily
27 Right to vary Quantities
271 The contractor shall have to erect the machines proposed by
him in the technical bid and presentation However during the
contract duration for better performance of the processing plant the
contractor shall be free to add the machines vehicles and civil works
at no cost to AMC The contractor shall not be allowed to sell the
installed machines as AMC has already paid the contractor for the
machines and ownership of the machines always lies with the AMC
28 Purchasers Right to Accept Any Tender and to Reject Any
or All Tenders
281 The Purchaser reserves the right to accept or reject any tender
and to annul the tendering process and reject all tenders at any time
prior to contract award without thereby incurring any liability to the
affected Tenderer or Tendererrsquos
29 Notification of Award
291 Prior to the expiration of the period of tender validity the
Purchaser will notify the successful tenderer in writing by registered
letter or by cabletelex or fax to be confirmed in writing by
registered letter that its tender has been accepted
292 The notification of award will constitute the formation of the
Contract
293 Upon the successful Tenderers furnishing of performance
security pursuant to ITT Clause 31 the Purchaser will promptly
notify the name of the winning Tenderer to each unsuccessful
Tenderer and will discharge its earnest money deposit pursuant to
ITT Clause 13
30 Signing of Contract
18
301 At the same time as the Purchaser notifies the successful
tenderer that its tender has been accepted the Purchaser will send
the Tenderer the Contract Form provided in the tender documents
incorporating all agreements between the parties
302 Within 21 days of receipt of the Contract Form the successful
Tenderer shall sign and date the Contract and return it to the
Purchaser
31 Performance Security
311 Within 21 days of the receipt of notification of award from the
Purchaser the successful Tenderer shall furnish the performance
security of 3 of the cost of the machines and equipments
quoted by him The performance security shall be in form of Bank
guarantee 2 payment shall be deducted from each payment which
will make the total performance security to 5 The performance
security shall be released at the end of the contract period
312 Failure of the successful Tenderer to comply with the
requirement of ITT Clause 302 or ITT Clause 311 shall constitute
sufficient grounds for the annulment of the award and forfeiture of
the earnest money deposit in which event the Purchaser may make
the award to the next lowest evaluated Tenderer or call for new
tenders
32 Corrupt or Fraudulent Practices
321 The Government requires that Tendererrsquos Bidders
Contractors observe the highest standard of ethics during the
procurement and execution of Government financed contracts In
pursuance of this policy the Government
(a) defines for the purposes of this provision the terms set forth
as follows
(i) ldquocorrupt practicerdquo means the offering giving receiving or
soliciting of any thing of value to influence the action of a public
official in the procurement process or in contract execution and
(ii) ldquofraudulent practicerdquo means a misrepresentation of facts in
order to influence a procurement process or the execution of a
contract to the detriment of the Government and includes collusive
19
practice among Tenderers (prior to or after tender submission)
designed to establish tender prices at artificial non-competitive
levels and to deprive the Government of the benefits of free and open
competition
(b) will reject a proposal for award if it determines that the
Tenderer recommended for award has engaged in corrupt or
fraudulent practices in competing for the contract in question
(c) will declare a firm ineligible either indefinitely or for a stated
period of time to be awarded a Government financed contract if it at
any time determines that the firm has engaged in corrupt or
fraudulent practices in competing for or in executing a Government-
financed contract
322 Furthermore Tenderers shall be aware of the provision stated
in sub-clause 44 and sub-clause 231 of the General Conditions of
Contract
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
Clause Number Topic
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information
Inspection and Audit by Government
5 Patent Rights
6 Performance Security
7 Inspection and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
20
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
21
General Conditions of Contract
1 Definitions
11 In this Contract the following terms shall be interpreted as
indicated
a The Contract means the agreement entered into between the
Purchaser and the Bidder as recorded in the Contract Form signed
by the parties including all the attachments and appendices thereto
and all documents incorporated by reference therein
b The Contract Price means the price payable to the Bidder
under the Contract for the full and proper performance of its
contractual obligations
c The Goods means all the equipment machinery andor other
materials which the Bidder is required to supply to the Purchaser
under the Contract
d Services means services ancillary to the supply of the Goods
such as transportation and insurance and any other incidental
services such as installation commissioning provision of technical
assistance training and other obligations of the Bidder covered
under the Contract
e ldquoGCCrdquo means the General Conditions of Contract contained in
this section
f ldquoSCCrdquo means the Special Conditions of Contract
g ldquoThe Purchaserrdquo means the organization purchasing the Goods
as named in SCC
h ldquoThe Purchaserrsquos countryrdquo is the country named in SCC
i ldquoThe Bidderrdquo means the individual or firm supplying the Goods
and Services under this Contract
j ldquoThe Governmentrdquo means the Government of Maharashtra
State
k ldquoThe Project Siterdquo where applicable means the place or places
named in SCC
l ldquoDayrdquo means calendar day
2 Application
22
21 These General Conditions shall apply to the extent that
provisions in other parts of the Contract do not supersede them
3 Standards
31 The Goods and machines supplied under this Contract shall
conform to the standards mentioned in the Technical Specifications
given in the technical bid of the bidder and when no applicable
standard is mentioned to the authoritative standard appropriate to
the Goods country of origin and such standards shall be the latest
issued by the concerned institution
4 Use of Contract Documents and Information Inspection
and Audit by the Government
41 The Bidder shall not without the Purchasers prior written
consent disclose the Contract or any provision thereof or any
specification plan drawing pattern sample or information furnished
by or on behalf of the Purchaser in connection therewith to any
person other than a person employed by the Bidder in performance
of the Contract Disclosure to any such employed person shall be
made in confidence and shall extend only so far as may be necessary
for purposes of such performance
42 The Bidder shall not without the Purchaserrsquos prior written
consent make use of any document or information enumerated in
GCC Clause 41 except for purposes of performing the contract
43 Any document other than the Contract itself enumerated in
GCC Clause 41 shall remain the property of the Purchaser and shall
be returned (in all copies) to the Purchaser on completion of the
Bidderrsquos performance under the Contract if so required by the
Purchaser
44 The Bidder shall permit the Government to inspect the Bidderrsquos
accounts and records relating to the performance of the Bidder and
to have them audited by auditors appointed by the Government if so
required by the Government
5 Patent Rights
23
51 The Bidder shall indemnify the Purchaser against all third-
party claims of infringement of patent trademark or industrial
design rights arising from use of the Goods or any part thereof in
India
6 Performance Security
61 Within 21 days of receipt of the notification of contract award
the Bidder shall furnish Performance Security to the Purchaser for an
amount of 5 of the Contract Value valid up to 30 days after the date
of completion of Contract
62 The proceeds of the performance security shall be payable to
the Purchaser as compensation for any loss resulting from the
Bidderrsquos failure to complete its obligations under the Contract
63 The Performance Security shall be denominated in Indian
Rupees and shall be in one of the following forms
a) A Bank guarantee issued by a NationalizedScheduled bank in
the form provided in the tender documents or another form
acceptable to the Purchaser or
b) Crossed demand draft or pay order drawn in favor of the
Purchaser or
64 The Performance Security will be discharged by the Purchaser
and returned to the Bidder not later than 60 days following the date
of completion of the Bidderrsquos performance obligations including any
Warranty obligations under the Contract
7 Inspections and Tests
71 The Purchaser or its representative shall have the right to
inspect andor to test the Goods to confirm their conformity to the
Contract specifications at no extra cost to the Contractor
72 The contractor shall conduct third party inspection from any of
the inspection agency approved by Government of India The cost of
the inspection should be paid by the contractor and no
reimbursement shall be made by AMC for the inspection The
inspection shall be done on the basis of the technical bid submitted
by the tenderer or the approved machines and drawings by AMC
24
73 The inspections and tests may be conducted on the premises of
the Bidder or its subcontractor(s) at point of delivery andor at the
Goods final destination If conducted on the premises of the Bidder or
its subcontractor(s) all reasonable facilities and assistance including
access to drawings and production data - shall be furnished to the
inspectors at no charge to the Purchaser
74 Should any inspected or tested Goods fail to conform to the
specifications the Purchaser may reject the goods and the Bidder
shall either replace the rejected Goods or make alterations necessary
to meet specification requirements free of cost to the Purchaser
75 The Purchasers right to inspect test and where necessary
reject the Goods after the Goods arrival at Project Site shall in no
way be limited or waived by reason of the Goods having previously
been inspected tested and passed by the Purchaser or its
representative prior to the Goods shipment
76 Nothing in GCC Clause 7 shall in any way release the Bidder
from any warranty or other obligations under this Contract
77 Manuals and Drawings
771 Before the goods and equipment are taken over by the
Purchaser the Bidder shall supply operation and maintenance
manuals together with drawings of the goods and equipment These
shall be in such detail as will enable the Purchaser to operate
maintain adjust and repair all parts of the equipment as stated in the
specifications
772 The manuals and drawings shall be in the ruling language
(English) and in such form and numbers as stated in the contract
773 Unless and otherwise agreed the goods and equipment shall
not be considered to be completed for the purpose of taking over
until such manuals and drawings have been supplied to the
Purchaser
8 Packing
25
81 The packing of the goods may not be required however the
documents like operational manual and list of equipments shall be
submitted in two copies in booklet form
9 Delivery and Documents
91 Delivery of the Goods shall be made by the Bidder in
accordance with the terms specified by the Purchaser in the
Notification of Award The bills for the machines shall be submitted
in duplicate The bills for only those equipment will be accepted
whose delivery at site has been done by the bidder
10 Insurance
101 It will the responsibility of the contractor that the Goods and
machines supplied under the Contract shall be fully insured by the
contractor in Indian Rupees against loss or damage incidental to
manufacture or acquisition transportation storage and delivery for
complete duration of the contract For delivery of goods at site the
insurance shall be obtained by the Bidder in an amount equal to
110 of the value of the goods from ldquowarehouse to warehouserdquo
(final destinations) on ldquoAll Risksrdquo basis including War risks and
Strikes
11 Transportation
111 Where the Bidder is required under the Contract to transport
the Goods to a specified place of destination within India defined as
Project site the Bidder as shall be specified in the Contract shall
arrange transport to such place of destination in India including
insurance and the related cost shall be included in the Contract Price
12 Incidental Services
121 The Bidder may be required to provide any or all of the
following services including additional services if any specified in
SCC
a performance or supervision of the on-site assembly andor
start-up of the supplied Goods
b furnishing of tools required for assembly andor maintenance
of the supplied Goods
26
c furnishing of detailed operations and maintenance manual for
each appropriate unit of supplied Goods
d performance or supervision or maintenance andor repair of
the supplied Goods for a period of time agreed by the parties
provided that this service shall not relieve the Bidder of any
warranty obligations under this Contract and
e training of the Purchasers personnel at the Bidderrsquos plant
andor on-site in assembly start-up operation maintenance andor
repair of the supplied Goods
f detailed specifications of each equipment in detail to be
provided
g arrangement of required vehicles and implements for loading
amp unloading of Equipment at Facilities and other required infra for
assembling of equipment
122 Prices charged by the Bidder for incidental services if not
included in the Contract Price for the Goods shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates
charged to other parties by the Bidder for similar services
13 Spare Parts
131 As specified in the SCC the contractor shall be required to
provide any or all of the materials and spare parts at no cost to AMC
132 The Bidder shall carry sufficient inventories to assure ex-stock
supply of consumable spares for the Goods such as gaskets plugs
washers belts etc
14 Warranty
141 The Bidder warrants that the Goods supplied under this
Contract are new unused of the most recent or current models and
that they incorporate all recent improvements in design and
materials unless provided otherwise in the Contract The Bidder
further warrants that all Goods supplied under this Contract shall
have no defect arising from design materials or workmanship
(except when the design andor material is required by the
Purchasers Specifications) or from any act or omission of the Bidder
that may develop under normal use of the supplied Goods in the
conditions prevailing in the country of final destination
27
142 This warranty shall remain valid for 12 months after all the
sections of the entire plant have been delivered and successfully
commissioned and desired outputs are achieved as indicated in the
Contract Although section wise commissioning is proposed the
warranty will come into effect only after completion of all the
sections The Bidder shall in addition comply with the performance
andor consumption guarantees specified under the Contract If for
reasons attributable to the Bidder these guarantees are not attained
in whole or in part the Bidder shall at its discretion either
a make such changes modifications andor additions to the
Goods or any part thereof as may be necessary in order to attain the
contractual guarantees specified in the Contract at its own cost and
expense and to carry out further performance tests in accordance
with SCC Clause 2 OR
b pay liquidated damages to the Purchaser with respect to the
failure to meet the contractual guarantees The rate of these
liquidated damages shall be as specified in the Technical
Specifications
143 If the Bidder having been notified fails to remedy the defect(s)
within 15 days the Purchaser may proceed to take such remedial
action as may be necessary at the Bidderrsquos risk and expense and
without prejudice to any other rights which the Purchaser may have
against the Bidder under the Contract
15 Payment
151 The method and conditions of payment to be made to the
Bidder under this Contract shall be specified in the SCC
152 The Bidderrsquos request(s) for payment shall be made to the
Purchaser in writing accompanied by an invoice describing as
appropriate the Goods delivered and the Services performed and by
documents submitted pursuant to GCC Clause 9 and upon fulfillment
of other obligations stipulated in the contract
153 Payments shall be made promptly by the Purchaser but in no
case later than thirty (30) days after submission of the invoice or
claim by the Bidder
28
154 Payment shall be made in Indian Rupees
16 Prices
161 Prices payable to the Bidder as stated in the contract shall be
firm during the performance of the contract
17 Change Orders
171 The Purchaser may at any time by written order given to the
Bidder pursuant to GCC Clause 31 make changes within the general
scope of the Contract in any one or more of the following
a drawings designs or specifications where Goods to be
furnished under the Contract are to be specifically manufactured for
the Purchaser
b the Services to be provided by the Bidder
172 If any such change causes an increase or decrease in the cost of
or the time required for the Bidderrsquos performance of any provisions
under the Contract an equitable adjustment shall be made in the
Contract Price or delivery schedule or both and the Contract shall
accordingly be amended Any claims by the Bidder for adjustment
under this clause must be asserted within thirty (30) days from the
date of the Bidderrsquos receipt of the Purchasers change order
18 Contract Amendments
181 Subject to GCC Clause 17 no variation in or modification of the
terms of the Contract shall be made except by written amendment
signed by the parties
19 Assignment
191 The Bidder shall not assign in whole or in part its obligations
to perform under the Contract except with the Purchasers prior
written consent
20 Subcontracts
201 Any subcontracting work should be done after confirmation of
the same from the AMC
21 Delays in the Bidderrsquos Performance
29
211 Delivery of the Goods and performance of the Services shall be
made by the Bidder in accordance with the time schedule specified
by the Purchaser in the Schedule of Requirements
212 If at any time during performance of the Contract the Bidder or
its sub-contractor(s) should encounter conditions impeding timely
delivery of the Goods and performance of Services the Bidder shall
promptly notify the Purchaser in writing of the fact of the delay its
likely duration and its cause(s) As soon as practicable after receipt of
the Bidderrsquos notice the Purchaser shall evaluate the situation and
may at its discretion extend the Bidderrsquos time for performance with
or without liquidated damages in which case the extension shall be
ratified by the parties by amendment of the Contract
213 Except as provided under GCC Clause 24 a delay by the Bidder
in the performance of its delivery obligations shall render the Bidder
liable to the imposition of liquidated damages pursuant to GCC
Clause 22 unless an extension of time is agreed upon pursuant to
GCC Clause 212 without the application of liquidated damages
22 Liquidated Damages
221 Subject to GCC Clause 24 if the Bidder fails to deliver any or all
of the Goods or to perform the Services within the period(s) specified
in the Contract the Purchaser shall without prejudice to its other
remedies under the Contract deduct from the Contract Price as
liquidated damages a sum equivalent to 2 of the delivered price of
the delayed Goods or unperformed Services for each week or part
thereof of delay until actual delivery or performance up to a
maximum deduction of 10 of the Contract Price Once the
maximum is reached the Purchaser may consider termination of the
Contract pursuant to GCC Clause 23 Liquidated Damages is applicable
only up to commission and trial run period and not applicable to AMC
phase of the Contract
23 Termination for Default
30
231 The Purchaser may without prejudice to any other remedy for
breach of contract by written notice of default sent to the Bidder
terminate the Contract in whole or part
a if the Bidder fails to deliver any or all of the Goods within the
period(s) specified in the Contract or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 21 or
b if the Bidder fails to perform any other obligation(s) under the
Contract
c If the Bidder in the judgement of the Purchaser has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract
For the purpose of this Clause
ldquoCorrupt practicerdquo means the offering giving receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution
ldquofraudulent practicerdquo means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition
232 In the event the Purchaser terminates the Contract in whole or
in part pursuant to GCC Clause 231 the Purchaser may procure
upon such terms and in such manner as it deems appropriate Goods
or Services similar to those undelivered and the Bidder shall be
liable to the Purchaser for any excess costs for such similar Goods or
Services However the Bidder shall continue the performance of the
Contract to the extent not terminated
24 Force Majeure
241 Not with standing the provisions of GCC Clauses 21 22 23 the
Bidder shall not be liable for forfeiture of its performance security
liquidated damages or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
BIOMETHANATION PLANT
xii
Table of Contents
SECTION I INVITATION FOR TENDERS (IFT)
SECTION II INSTRUCTION TO TENDERERS
A Introduction
1 Eligible Tenderers
2 Cost of Tendering
B The Tender Documents
3 Contents of Tender Documents
4 Clarification of Tender Documents
5 Amendment of Tender Documents (l)
C Preparation of Tenders
6 Language of Tender
7 Documents Constituting the Tender
8 Tender Form
9 Tender Prices
10 Tender Currency
11 Documents Establishing Tenderers Eligibility and Qualifications
12 Documents Establishing Goods Eligibility and Conformity to Tender
Documents
13 Earnest Money Deposit
14 Period of Validity of Tenders
15 Format and Signing of Tender
D Submission of Bids
16 Bidding through E-Tendering System
17 Deadline for Submission of the Bids
18 Late Bids
19 Modification and Withdrawal of Bids
E Tender Opening and Evaluation of Tenders
20 Opening of Tenders by the Purchaser
21 Clarification of Tenders
23 Evaluation and Comparison of Tenders
24 Contacting the Purchaser
F Award of Contract
25 Post qualification
26 Award Criteria
27 Right to vary Quantities
BIOMETHANATION PLANT
xiii
28 Purchasers Right to Accept Any Tender and to Reject Any or All Tenders
29 Notification of Award
30 Signing of Contract
31 Performance Security
32 Corrupt or Fraudulent Practices
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information Inspection and Audit by the
Government
5 Patent Rights
6 Performance Security
7 Inspections and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in the Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
BIOMETHANATION PLANT
xiv
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
SECTION IV SPECIAL CONDITIONS OF CONTRACT
Special Conditions of Contract
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (Clause 27)
7 Notices (Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligations
12 Patent Rights
SECTION V SCHEDULE OF REQUIREMENTS
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
Annexure-1- Plant proposed
Annexure- 2 Other conditions
SECTION VII QUALIFICATION CRITERIA
SECTION VIII TENDER FORM
SECTION IX PRICE SCHEDULE FORMAT
SECTION X CONTRACT FORM
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
SECTION XII-Proforma for Performance Statement of Bidder
1
SECTION I INVITATION FOR TENDERS (IFT)
Date
No
The Ahmednagar Municipal Corporation (AMC) invites tenders from eligible tenderers for ldquoDesign supply installation erection
commissioning of Two Biomethanation plant of 5 TPD each
capacity with operation amp maintenance for 1 YEAR at Burudgaon
Depo Ahmednagarrdquo (place may be chamged as per necessory)
1 The tenderers shall submit tender for all the works under this
contract Part bidding of tender is not allowed
2 The Tender document is available online from e-portal and
bids are to be submitted online through the e-procurement portal
httpamcmaharashtraetendersin Bids submitted manually will
not be accepted One can view and download the tenders published
currently by logging on to httpamcmaharashtraetendersin
For submission of the bids the bidders are required to have Digital
Signature Certificate (DSC) from one of the authorized Certifying
Authorities as detailed in the website
31 Aspiring bidders who have not obtained the User ID and
Password for participating in e-tendering may obtain the same by
registering in the website The contractors once registered can
participate in any of the department tenders
32 The bidding is a single stage two cover system ie- two cover
system (First Cover (Technical) and Second Cover (Financial)) and
Operator to be selected on Least Cost Selection (LCS)
3 Bidders are required to pay online the tender processing fee as
detailed in the website
Note (The non-refundable Tender processing fee details is available
on the e-procurement website)
4 A Pre-bid Meeting will be held at the Office of ldquoCommissioner
Ahmednagar Municipal Corporationrdquo to clarify the issues and to
2
answer questions on any matter that may be raised at that stage as
stated in Clause 92 of lsquoInstructions to Biddersrsquo of the bidding
document
5 The last Date and time for receipt of bids through the e-
tendering portal httpamcmaharashtraetendersin and will be
opened as per e-portal from the last date and time of receipt of bids
If the office happens to be closed on the date of opening of the bids as
specified the bids will be opened on the next working day at the
same time and venue
6 Other details can be seen in the bidding documents
Note
The Employer shall not be held liable for any delays due to system
failure beyond its control Even though the system will attempt to
notify the bidders of any bid updates The Employer shall not be
liable for any information not received by the bidder It is the
biddersrsquo responsibility to verify the website for the latest information
related to the tender The bidder is required to ensure browser
compatibility of the computer well in advance to the last date and
time for receipt of the tenders The department shall not be
responsible for non-accessibility of e-procurement portal due to
internet connectivity issues and technical glitches
3
SECTION II INSTRUCTION TO TENDERERS
A Introduction
1 Eligible Tenderers
11 The tender is open to all bidders who satisfy the qualification
criteria
12 The tenderer should be a registered legal entity Joint ventures
are allowed
13 Tenderers should not be associated or have been associated in
the past directly or indirectly with a firm or any of its affiliates
which have been engaged by the Purchaser to provide consulting
services for the preparation of the design specifications and other
documents to be used for the procurement of the goods to be
purchased under this Invitation of Tenders
14 Tenderers shall not be under a declaration of ineligibility for
corrupt and fraudulent practices issued by Government of
Maharashtra or India
2 Cost of Tendering
21 The Tenderer shall bear all costs associated with the
preparation and submission of its tender and AMC hereinafter
referred to as the Purchaser will in no case be responsible or liable
for these costs regardless of the conduct or outcome of the tender
process
B The Tender Documents
3 Contents of Tender Documents
31 The goods required tendering procedures and contract terms
are prescribed in the tender documents In addition to the Invitation
for Tenders the tender documents include
a Instruction to Tenderers (ITT)
b General Conditions of Contract (GCC)
c Special Conditions of Contract (SCC)
d Schedule of Requirements
4
e Technical Specifications
f Tender Form and Price Schedules
g Earnest Money Deposit Form
h Contract Form
i Performance Security Form
j Performance Statement Form
32 The Tenderer is expected to examine all instructions forms
terms and specifications in the tender documents Failure to furnish
all information required by the tender documents or submission of a
tender not substantially responsive to the tender documents in every
respect will be at the Tendererrsquos risk and may result in rejection of its
tender
4 Clarification of Tender Documents
41 The electronic bidding system provides for online
clarifications A prospective tenderer requiring any clarification may
notify online the authority inviting the bid The authority-inviting bid
will respond to any request(s) for clarification received in writing up
to pre-bid meeting Description of clarification sought and the
response of the authority inviting the bid will be uploaded for
information of the public or other bidders without identifying the
source of request for clarification
The Tenderer or his official representative is invited to attend a pre-
bid meeting which will take place at the office of the ldquoCommissioner
Ahmednagar Municipal Corporationrdquo
42 The purpose of the meeting will be to clarify issues and to
answer questions on any matter that may be raised at that stage
43 The Tenderer is requested to submit any questions in written
addressed to the commissioner Ahmednagar Municipal Corporation
not later than day of pre-bid meeting
44 Minutes of the meeting including the text of the questions
raised (without identifying the source of enquiry) and the responses
given will be uploaded on the website
httpamcmaharashtraetendersin Any modification of the
5
bidding documents which may become necessary as a result of the
pre-bid meeting shall be made by the Purchaser exclusively through
the issue of an Addendum in pursuant to Clause 5 of IT Band
45 Non-attendance at the pre-bid meeting will not be a cause for
disqualification of a bidder
5 Amendment of Tender Documents (l)
51 At any time prior to the deadline for submission of tenders the
Purchaser may for any reason whether at its own initiative or in
response to a clarification requested by a prospective tenderer
modify the tender documents by amendment
52 The addendum will appear on the web page of the website
httpamcmaharashtraetendersin
53 In order to allow prospective tenderers reasonable time in
which to take the amendment into account in preparing their
tenders the Purchaser at its discretion may extend the deadline for
the submission of tenders
C Preparation of Tenders
6 Language of Tender
61 The tender prepared by the Tenderer as well as all
correspondence and documents relating to the tender exchanged by
the Tenderer and the Purchaser shall be written in English language
Supporting documents and printed literature furnished by the
Tenderer may be in another language provided they are
accompanied by an accurate translation of the relevant passages in
the English language in which case for purposes of interpretation of
the Tender the translation shall govern
7 Documents Constituting the Tender
a Technical Cover
The bidding is a single stage two cover system (First Cover
(Technical) and Second Cover (Financial)) and Successful Bidder to
be selected on Least Cost Selection (LCS) The bidder shall attach the
detailed technical specification of the machines proposed by him in
6
the technical bid The bidder shall attach the flow chart and detailed
proposed Biomethnation plant in the technical bid
The technical proposal will be evaluated and the proposal which are
found technically sound and satisfy other eligibility criteria shall be
called for presentation before the committee If committee finds the
offer technically viable the bidder shall be technically qualified
71 While preparing the Technical Tender Operator is expected to
examine the documents comprising this bid document Material
deficiencies in providing the information requested may result in
rejection of a tender The tender prepared by the Tenderer shall
comprise the following components
a) Documentary evidence established in accordance with ITT
Clause 11 that the Tenderer is eligible to tender and is qualified to
perform the contract if its tender is accepted
b) Documentary evidence established in accordance with ITT
Clause 12 that the goods and ancillary services to be supplied by the
Tenderer are eligible goods and services and conform to the tender
documents and
c) Earnest money deposit furnished in accordance with ITT
Clause 13
8 Tender Form
81 The Tenderer shall complete the Tender Form and the Price
Schedule furnished in the tender documents indicating the goods to
be supplied a brief description of the Design Supply Installation
Erection commissioning and Operation amp Maintenance of Municipal
Solid Waste Treatment Equipmentrsquos and Machineries their country of
origin quantity and prices
b Financial Cover
9 Tender Prices
91 The Tenderer shall indicate on the Price Schedule of the unit
prices and total tender prices of the Design supply installation
7
erection commissioning of Two Biomethanation plant of 5 TPD each
capacity with operation amp maintenance for 1 YEAR at Burudgaon
Depo Ahmednagar
92 Tenderers shall quote for the complete requirement of
processing machinery with vehicles goods and services specified
under single responsibility basis The least bidder shall be awarded
the work
93 Prices indicated on the Price Schedule shall be inclusive of the
following
(i) The price of the goods and services quoted (proposed
Biomethanation Plant including Design Supply Installation erection
commissioning and Operation amp Maintenance as applicable) shall
include all duties and sales and other taxes already paid or payable
by the tenderer
(ii) Any duties sales and other taxes which will be payable on the
goods shall be borne by the contractor if this Contract is awarded
(iii) The price for inland transportation insurance and other local
costs incidental to delivery of the goods to their final destination and
(iv) Cost towards erection and commissioning at site including
foundation
94 Prices quoted by the Tenderer shall be fixed during the
Tendererrsquos performance of the Contract and not subject to variation
on any account A tender submitted with an adjustable price
quotation will be treated as non- responsive and rejected pursuant
to ITT Clause 22
10 Tender Currency
101 Prices shall be quoted in Indian Rupees
11 Documents Establishing Tenderers Eligibility and
Qualifications
111 Pursuant to ITT Clause 7 the Tenderer shall furnish as part of
its Tender documents establishing the Tendererrsquos eligibility to
8
tender and its qualifications to perform the Contract if its tender is
accepted
112 The documentary evidence of the Tenderers qualifications to
perform the Contract if its tender is accepted shall establish to the
Purchasers satisfaction
a) That the average financial turnover of the bidder is 1 crore
in last 3 financial years
b) That The tenderer must have experience of Supply
installation and Commissioning of at least one Bio methanation
plant of 5 TPD capacity in India within last 1 years
Or
b) The bidder must have technology transfer agreement with
BARC (Bhabha Atomic Research Center ) for Biomethanation
plant
Bidder are required to submit Work order copies and
ExecutionCompletion Certificate Technology Transfer Certificate
from BARC AMC may call for original certificates for verification
12 Documents Establishing Goods Eligibility and Conformity
to Tender Documents
121 Pursuant to ITB Clause 7 the Tenderer shall furnish as part of
its tender documents establishing the eligibility and conformity to
the tender documents of all goods and services which the tenderer
proposes to supply under the contract
122 The documentary evidence of conformity of the goods and
services to the tender documents may be in the form of literature
drawings and data and shall consist of
a) a detailed description of the proposed essential technical and
performance characteristics of the goods and machines
b) a list giving full particulars including available sources and
current prices of spare parts special tools etc necessary for the
9
proper and continuing functioning of the goods for a period of one
years following commencement of the use of the goods by the
Purchaser and
c) an item-by-item commentary on the Purchasers Technical
Specifications demonstrating substantial responsiveness of the goods
and services to those specifications or a statement of deviations and
exceptions to the provisions of the Technical Specifications
123 For purposes of the commentary to be furnished pursuant to
ITT Clause 122(c) above the Tenderer shall note that standards for
workmanship material and equipment and references to brand
names or catalogue numbers designated by the Purchaser in its
Technical Specifications are intended to be descriptive only and not
restrictive The Tenderer may substitute alternative standards brand
names andor catalogue numbers in its tender provided that it
demonstrates to the Purchasers satisfaction that the substitutions
ensure substantial equivalence to those designated in the Technical
Specifications
13 Earnest Money Deposit
131 Pursuant to ITT Clause 7 the Tenderer shall furnish as part of
its tender earnest money deposit in the amount as specified in
Section-V - Schedule of Requirements
132 The earnest money deposit is required to protect the Purchaser
against the risk of Tenderers conduct which would warrant the
securitys forfeiture pursuant to ITB Clause 137
133 The earnest money deposit shall be denominated in Indian
Rupees and shall be paid online only on the portal
134 Any tender not secured in accordance with ITT Clauses 131
and the Purchaser as non-responsive pursuant to ITT Clause 22 will
reject 133 above
135 Unsuccessful Tenderers earnest money deposit will be
dischargedreturned as promptly as possible but not later than 30
days after the expiration of the period of tender validity prescribed
by the Purchaser pursuant to ITT Clause 14
10
136 The successful Tenderers earnest money deposit will be
discharged upon the Tenderer signing the Contract pursuant to ITT
Clause 30 and furnishing the performance security pursuant to ITB
Clause 31
137 The tender security may be forfeited
(a) if a Tenderer (i) withdraws its tender during the period of
tender validity specified by the Tenderer on the Tender Form or (ii)
does not accept the correction of errors pursuant to ITT Clause 222
or
(b) in case of a successful Tenderer if the Tenderer fails (i) to sign
the Contract in accordance with ITT Clause 30 or (ii) to furnish
performance security in accordance with ITT Clause 31
14 Period of Validity of Tenders
141 Tenders shall remain valid for 120 days after the deadline for
submission of tenders prescribed by the Purchaser pursuant to ITT
Clause 17 A tender valid for a shorter period shall be rejected by the
Purchaser as non-responsive
142 In exceptional circumstances the Purchaser may solicit the
Tenderers consent to an extension of the period of validity The
request and the responses thereto shall be made in writing (or by
cable or telex or fax) The earnest money deposit provided under ITT
Clause 13 shall also be suitably extended A Tenderer may refuse the
request without forfeiting its earnest money deposit A Tenderer
granting the request will not be required nor permitted to modify its
tender
15 Format and Signing of Tender
151 Bidders shall submit offers that comply with the requirements
of the bidding documents including the basic technical design as
indicated in the drawing and specifications Alternatives will not be
considered
11
D Submission of Bids
16 Bidding through E-Tendering System
161 The tendering under this contract is electronic bid submission
through website httpamcmaharashtraetendersin Detailed
guidelines for viewing bids and submission of online bids are given
on the website The Invitation for Tenders is published on this
website Any citizen or prospective tenderer can logon to this
website and view the Invitation for Tenders and can view the details
of works for which bids are invited The prospective tenderer can
submit tenders online however the bidder is required to have
enrolmentregistration in the website and should have valid Digital
Signature Certificate (DSC) The DSC can be obtained from any
authorized certifying agencies The tenderer should register in the
web site httpamcmaharashtraetendersin After this the
tenderer can login the site through the secured login Bidders are
requested to go through the bid documents carefully and submit the
required information without exception otherwise bids will be
rejected
162 The completed tender should be uploaded on the website
given above through e-tendering along with scanned copies of
requisite certificates as are mentioned in different sections in the
bidding document and scanned copy of the Bid Security No financial
quote shall be uploaded as part of the Technical Bid
163 The bidder shall submit online the requirements under
qualification criteria and Technical and Financial parts The contents
of the Post Qualification and Technical and Financial bid shall be as
specified in ITT After electronic on line bid submission the system
generates a unique bid reference number which is time stamped
This shall be treated as acknowledgement of bid submission
17 Deadline for Submission of the Bids
171 Bids must be received by the Employer online not later than
the due date as specified in the online portal
172 The Employer may extend the deadline for submission of bids
by issuing an amendment in accordance with Clause 5 in which case
12
all rights and obligations of the Employer and the bidders previously
subject to the original deadline will then be subject to the new
deadline
18 Late Bids
181 The electronic bidding system would not allow any late
submission of bids after due date and time as per server time
19 Modification and Withdrawal of Bids
191 Tenderers may modify their bids online before the deadline
prescribed in Clause 17 for bid modification and consequential re-
submission
192 No tenders may be modified after the deadline for submission
of Bids
193 Withdrawal or modification of a tender between the deadline
for submission of tender and the expiration of the original period of
bid validity specified in Clause 141 above or as extended pursuant to
Clause 142 is not allowed in the e-procurement system If a tenderer
does the same through any other medium then it may result in the
forfeiture of the Tender security pursuant to Clause 137
E Tender Opening and Evaluation of Tenders
20 Opening of Tenders by the Purchaser
201 The Purchaser will open all the Technical Cover in the
presence of Tenderersrsquo representatives who choose to attend as per
e-portal
The Tendererrsquos representatives who are present shall sign a register
evidencing their attendance In the event of the specified date of
Tender opening being declared a holiday for the Purchaser the
tenders shall be opened at the appointed time and location on the
next working day
202 The Tendererrsquos names tender modifications or withdrawals
tender prices discounts and the presence or absence of requisite
tender security and such other details as the Purchaser at its
discretion may consider appropriate will be announced at the
opening No tender shall be rejected at tender opening except for late
13
tenders which shall be returned unopened to the Tenderer pursuant
to ITT Clause 18
203 Tenders (and modifications sent pursuant to ITT Clause 192)
that are not opened and read out at tender opening shall not be
considered further for evaluation irrespective of the circumstances
204 The Purchaser will prepare minutes of the tender opening The
Financial Bid of the successful bidders only will be opened after
completion of technical bid evaluation
21 Clarification of Tenders
During evaluation of tenders the Purchaser may at its discretion ask
the Tenderer for a clarification of its tender The request for
clarification and the response shall be in writing and no change in
prices or substance of the tender shall be sought offered or
permitted
22 Preliminary Examination
221 The Purchaser will examine the technical bid to determine
whether they are complete whether required sureties have been
furnished and whether the tenders are generally in order
2211 The evaluation committee appointed by the Employer as
a whole and each of its members individually will evaluate the
Technical Bids on the basis of their responsiveness to the ITB A Bid
shall be rejected at this stage if it does not respond to important
aspects of the Bid Document
222 After the evaluation of technical Bid is completed the
Purchaser shall notify those bidders whose Bids meet the
qualification criteria as detailed in Section VII or were considered
responsive to the bid document indicating that the presentation has
to be made by their company After presentation by the company the
committee members or the person authorized by the commissioner
may visit the plant established by the bidder The bidder to whom the
committee is satisfied with the documents and the presentation and
the site visit if required will be informed as technically qualified
bidders
14
223 The financial bid opening date shall not be informed to the
technically disqualified bidders
2231 The Financial Cover shall be opened publicly in the
presence of the bidders representatives who choose to attend The
bid opening shall be online only
2232 The evaluation committee will determine whether the
Financial Bids are complete correct any computational errors
Arithmetical errors will be rectified on the following basis If there is
a discrepancy between the unit price and the total price that is
obtained by multiplying the unit price and quantity the unit price
shall prevail and the total price shall be corrected If there is a
discrepancy between words and figures the lower of the two will
prevail If the Bidder does not accept the correction of errors its
tender will be rejected and its tender security may be forfeited
2233 All necessary civil work and other related works for
Biomethanation plant is to be done by the successful bidder AMC
shall provide the land road upto the plant site electric connection
upto the plant site AMC shall provide approximately 5 TPD non-veg
organic waste and 5 TPD organic (Veg) waste as feed for each
seperate plant
2234 During the contract period and always the processing
plant machines land and civil works shall be the property of AMC At
the time of handover of the plant to AMC the contractor shall
handover the plant in good running condition If it is found that the
plant is inoperative or needs any repairs and maintenance the
contractor should either repair it to satisfaction of the AMC or if AMC
get it done by its own resources the amount shall be deducted from
the performance security deposit submitted by the contractor
2235 This biding is called for Burudgaon Depo location The
selection procedure of the successful bidder shall be as under
a Whereas successful bidder shall be the bidder quoting lowest for
the Supply Installation Erection commissioning and Operation amp
Maintenance of Municipal Solid Waste Treatment Equipmentrsquos and
Machineries (L-1)
15
b The cost of the MSW Plant and allied accessories for operation
of the plant quoted by the bidder shall be paid by the AMC as per the
payment schedule given in the tender document The value of the
processing plant and allied accessories wit OampM quoted by the
bidder shall be the sole bidding criteria for the tender
c The successful contractor shall not be paid any kind tipping
fees for operating the plant The contractor shall sell the products
(GasElectricitycompostothers) recovered from the processing of
the waste to recover the operation and maintenance cost and the
profits
224 Term of Contract
The term of the contract shall be 1 YEAR and can be renewed for a
similar term if the performance of the contractor is satisfactory
225 Scope of Work
The scope of the work shall be processing of the 5 + 5 TPD waste for
each site (two sites)received at site The rejects from the processing
should not be more than 15 of the total waste The rejects shall be
kept at one side of the site from where the CampT contractor shall lift
the waste and transport it to landfill site
226 Prior to the detailed evaluation pursuant to ITB Clause 23 the
Purchaser will determine the substantial responsiveness of each
tender to the tender documents For purposes of these Clauses a
substantially responsive tender is one which conforms to all the
terms and conditions of the tender documents without material
deviations Deviations from or objections or reservations to critical
provisions such as those concerning Performance Security (GCC
Clause 6) Warranty (GCC Clause 14) Force Majeure (GCC Clause 24)
Limitation of liability (GCC Clause 28) Applicable law (GCC Clause
30) and Taxes amp Duties (GCC Clause 32) will be deemed to be a
material deviation The Purchasers determination of a tenders
responsiveness is to be based on the contents of the tender itself
without recourse to extrinsic evidence
16
227 If a tender is not substantially responsive it will be rejected by
the Purchaser and may not subsequently be made responsive by the
Tenderer by correction of the non-conformity
23 Evaluation and Comparison of Tenders
231 The Purchaser will evaluate and compare the tenders which
have been determined to be substantially responsive pursuant to ITT
Clause 22 for each schedule separately No tender will be considered
if the complete requirements covered in the schedule is not included
in the tender However as stated in ITT Clause 9 The tenderer shall
quote his final prices taken into account all discounts
24 Contacting the Purchaser
241 Subject to ITT Clause 21 no Tenderer shall contact the
Purchaser on any matter relating to its tender from the time of the
tender opening to the time the Contract is awarded If the tenderer
wishes to bring additional information to the notice of the purchaser
it should do so in writing
242 Any effort by a Tenderer to influence the Purchaser in its
decisions on tender evaluation tender comparison or contract award
may result in rejection of the Tenderers tender
F Award of Contract
25 Post qualification
251 In the absence of prequalification the Purchaser will determine
to its satisfaction whether the Tenderer that is selected as having
submitted the lowest evaluated responsive tender meets the criteria
specified in ITT Clause 112 (b) and is qualified to perform the
contract satisfactorily
252 The determination will take into account the Tenderers
financial technical and production capabilities It will be based upon
an examination of the documentary evidence of the Tenderers
qualifications submitted by the Tenderer pursuant to ITT Clause 11
as well as such other information as the Purchaser deems necessary
and appropriate
26 Award Criteria
17
261 Subject to ITT Clause 28 the Purchaser will award the Contract
to the successful Tenderer whose tender has been determined to be
substantially responsive and has been determined as the lowest
evaluated tender provided further that the Tenderer is determined
to be qualified to perform the Contract satisfactorily
27 Right to vary Quantities
271 The contractor shall have to erect the machines proposed by
him in the technical bid and presentation However during the
contract duration for better performance of the processing plant the
contractor shall be free to add the machines vehicles and civil works
at no cost to AMC The contractor shall not be allowed to sell the
installed machines as AMC has already paid the contractor for the
machines and ownership of the machines always lies with the AMC
28 Purchasers Right to Accept Any Tender and to Reject Any
or All Tenders
281 The Purchaser reserves the right to accept or reject any tender
and to annul the tendering process and reject all tenders at any time
prior to contract award without thereby incurring any liability to the
affected Tenderer or Tendererrsquos
29 Notification of Award
291 Prior to the expiration of the period of tender validity the
Purchaser will notify the successful tenderer in writing by registered
letter or by cabletelex or fax to be confirmed in writing by
registered letter that its tender has been accepted
292 The notification of award will constitute the formation of the
Contract
293 Upon the successful Tenderers furnishing of performance
security pursuant to ITT Clause 31 the Purchaser will promptly
notify the name of the winning Tenderer to each unsuccessful
Tenderer and will discharge its earnest money deposit pursuant to
ITT Clause 13
30 Signing of Contract
18
301 At the same time as the Purchaser notifies the successful
tenderer that its tender has been accepted the Purchaser will send
the Tenderer the Contract Form provided in the tender documents
incorporating all agreements between the parties
302 Within 21 days of receipt of the Contract Form the successful
Tenderer shall sign and date the Contract and return it to the
Purchaser
31 Performance Security
311 Within 21 days of the receipt of notification of award from the
Purchaser the successful Tenderer shall furnish the performance
security of 3 of the cost of the machines and equipments
quoted by him The performance security shall be in form of Bank
guarantee 2 payment shall be deducted from each payment which
will make the total performance security to 5 The performance
security shall be released at the end of the contract period
312 Failure of the successful Tenderer to comply with the
requirement of ITT Clause 302 or ITT Clause 311 shall constitute
sufficient grounds for the annulment of the award and forfeiture of
the earnest money deposit in which event the Purchaser may make
the award to the next lowest evaluated Tenderer or call for new
tenders
32 Corrupt or Fraudulent Practices
321 The Government requires that Tendererrsquos Bidders
Contractors observe the highest standard of ethics during the
procurement and execution of Government financed contracts In
pursuance of this policy the Government
(a) defines for the purposes of this provision the terms set forth
as follows
(i) ldquocorrupt practicerdquo means the offering giving receiving or
soliciting of any thing of value to influence the action of a public
official in the procurement process or in contract execution and
(ii) ldquofraudulent practicerdquo means a misrepresentation of facts in
order to influence a procurement process or the execution of a
contract to the detriment of the Government and includes collusive
19
practice among Tenderers (prior to or after tender submission)
designed to establish tender prices at artificial non-competitive
levels and to deprive the Government of the benefits of free and open
competition
(b) will reject a proposal for award if it determines that the
Tenderer recommended for award has engaged in corrupt or
fraudulent practices in competing for the contract in question
(c) will declare a firm ineligible either indefinitely or for a stated
period of time to be awarded a Government financed contract if it at
any time determines that the firm has engaged in corrupt or
fraudulent practices in competing for or in executing a Government-
financed contract
322 Furthermore Tenderers shall be aware of the provision stated
in sub-clause 44 and sub-clause 231 of the General Conditions of
Contract
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
Clause Number Topic
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information
Inspection and Audit by Government
5 Patent Rights
6 Performance Security
7 Inspection and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
20
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
21
General Conditions of Contract
1 Definitions
11 In this Contract the following terms shall be interpreted as
indicated
a The Contract means the agreement entered into between the
Purchaser and the Bidder as recorded in the Contract Form signed
by the parties including all the attachments and appendices thereto
and all documents incorporated by reference therein
b The Contract Price means the price payable to the Bidder
under the Contract for the full and proper performance of its
contractual obligations
c The Goods means all the equipment machinery andor other
materials which the Bidder is required to supply to the Purchaser
under the Contract
d Services means services ancillary to the supply of the Goods
such as transportation and insurance and any other incidental
services such as installation commissioning provision of technical
assistance training and other obligations of the Bidder covered
under the Contract
e ldquoGCCrdquo means the General Conditions of Contract contained in
this section
f ldquoSCCrdquo means the Special Conditions of Contract
g ldquoThe Purchaserrdquo means the organization purchasing the Goods
as named in SCC
h ldquoThe Purchaserrsquos countryrdquo is the country named in SCC
i ldquoThe Bidderrdquo means the individual or firm supplying the Goods
and Services under this Contract
j ldquoThe Governmentrdquo means the Government of Maharashtra
State
k ldquoThe Project Siterdquo where applicable means the place or places
named in SCC
l ldquoDayrdquo means calendar day
2 Application
22
21 These General Conditions shall apply to the extent that
provisions in other parts of the Contract do not supersede them
3 Standards
31 The Goods and machines supplied under this Contract shall
conform to the standards mentioned in the Technical Specifications
given in the technical bid of the bidder and when no applicable
standard is mentioned to the authoritative standard appropriate to
the Goods country of origin and such standards shall be the latest
issued by the concerned institution
4 Use of Contract Documents and Information Inspection
and Audit by the Government
41 The Bidder shall not without the Purchasers prior written
consent disclose the Contract or any provision thereof or any
specification plan drawing pattern sample or information furnished
by or on behalf of the Purchaser in connection therewith to any
person other than a person employed by the Bidder in performance
of the Contract Disclosure to any such employed person shall be
made in confidence and shall extend only so far as may be necessary
for purposes of such performance
42 The Bidder shall not without the Purchaserrsquos prior written
consent make use of any document or information enumerated in
GCC Clause 41 except for purposes of performing the contract
43 Any document other than the Contract itself enumerated in
GCC Clause 41 shall remain the property of the Purchaser and shall
be returned (in all copies) to the Purchaser on completion of the
Bidderrsquos performance under the Contract if so required by the
Purchaser
44 The Bidder shall permit the Government to inspect the Bidderrsquos
accounts and records relating to the performance of the Bidder and
to have them audited by auditors appointed by the Government if so
required by the Government
5 Patent Rights
23
51 The Bidder shall indemnify the Purchaser against all third-
party claims of infringement of patent trademark or industrial
design rights arising from use of the Goods or any part thereof in
India
6 Performance Security
61 Within 21 days of receipt of the notification of contract award
the Bidder shall furnish Performance Security to the Purchaser for an
amount of 5 of the Contract Value valid up to 30 days after the date
of completion of Contract
62 The proceeds of the performance security shall be payable to
the Purchaser as compensation for any loss resulting from the
Bidderrsquos failure to complete its obligations under the Contract
63 The Performance Security shall be denominated in Indian
Rupees and shall be in one of the following forms
a) A Bank guarantee issued by a NationalizedScheduled bank in
the form provided in the tender documents or another form
acceptable to the Purchaser or
b) Crossed demand draft or pay order drawn in favor of the
Purchaser or
64 The Performance Security will be discharged by the Purchaser
and returned to the Bidder not later than 60 days following the date
of completion of the Bidderrsquos performance obligations including any
Warranty obligations under the Contract
7 Inspections and Tests
71 The Purchaser or its representative shall have the right to
inspect andor to test the Goods to confirm their conformity to the
Contract specifications at no extra cost to the Contractor
72 The contractor shall conduct third party inspection from any of
the inspection agency approved by Government of India The cost of
the inspection should be paid by the contractor and no
reimbursement shall be made by AMC for the inspection The
inspection shall be done on the basis of the technical bid submitted
by the tenderer or the approved machines and drawings by AMC
24
73 The inspections and tests may be conducted on the premises of
the Bidder or its subcontractor(s) at point of delivery andor at the
Goods final destination If conducted on the premises of the Bidder or
its subcontractor(s) all reasonable facilities and assistance including
access to drawings and production data - shall be furnished to the
inspectors at no charge to the Purchaser
74 Should any inspected or tested Goods fail to conform to the
specifications the Purchaser may reject the goods and the Bidder
shall either replace the rejected Goods or make alterations necessary
to meet specification requirements free of cost to the Purchaser
75 The Purchasers right to inspect test and where necessary
reject the Goods after the Goods arrival at Project Site shall in no
way be limited or waived by reason of the Goods having previously
been inspected tested and passed by the Purchaser or its
representative prior to the Goods shipment
76 Nothing in GCC Clause 7 shall in any way release the Bidder
from any warranty or other obligations under this Contract
77 Manuals and Drawings
771 Before the goods and equipment are taken over by the
Purchaser the Bidder shall supply operation and maintenance
manuals together with drawings of the goods and equipment These
shall be in such detail as will enable the Purchaser to operate
maintain adjust and repair all parts of the equipment as stated in the
specifications
772 The manuals and drawings shall be in the ruling language
(English) and in such form and numbers as stated in the contract
773 Unless and otherwise agreed the goods and equipment shall
not be considered to be completed for the purpose of taking over
until such manuals and drawings have been supplied to the
Purchaser
8 Packing
25
81 The packing of the goods may not be required however the
documents like operational manual and list of equipments shall be
submitted in two copies in booklet form
9 Delivery and Documents
91 Delivery of the Goods shall be made by the Bidder in
accordance with the terms specified by the Purchaser in the
Notification of Award The bills for the machines shall be submitted
in duplicate The bills for only those equipment will be accepted
whose delivery at site has been done by the bidder
10 Insurance
101 It will the responsibility of the contractor that the Goods and
machines supplied under the Contract shall be fully insured by the
contractor in Indian Rupees against loss or damage incidental to
manufacture or acquisition transportation storage and delivery for
complete duration of the contract For delivery of goods at site the
insurance shall be obtained by the Bidder in an amount equal to
110 of the value of the goods from ldquowarehouse to warehouserdquo
(final destinations) on ldquoAll Risksrdquo basis including War risks and
Strikes
11 Transportation
111 Where the Bidder is required under the Contract to transport
the Goods to a specified place of destination within India defined as
Project site the Bidder as shall be specified in the Contract shall
arrange transport to such place of destination in India including
insurance and the related cost shall be included in the Contract Price
12 Incidental Services
121 The Bidder may be required to provide any or all of the
following services including additional services if any specified in
SCC
a performance or supervision of the on-site assembly andor
start-up of the supplied Goods
b furnishing of tools required for assembly andor maintenance
of the supplied Goods
26
c furnishing of detailed operations and maintenance manual for
each appropriate unit of supplied Goods
d performance or supervision or maintenance andor repair of
the supplied Goods for a period of time agreed by the parties
provided that this service shall not relieve the Bidder of any
warranty obligations under this Contract and
e training of the Purchasers personnel at the Bidderrsquos plant
andor on-site in assembly start-up operation maintenance andor
repair of the supplied Goods
f detailed specifications of each equipment in detail to be
provided
g arrangement of required vehicles and implements for loading
amp unloading of Equipment at Facilities and other required infra for
assembling of equipment
122 Prices charged by the Bidder for incidental services if not
included in the Contract Price for the Goods shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates
charged to other parties by the Bidder for similar services
13 Spare Parts
131 As specified in the SCC the contractor shall be required to
provide any or all of the materials and spare parts at no cost to AMC
132 The Bidder shall carry sufficient inventories to assure ex-stock
supply of consumable spares for the Goods such as gaskets plugs
washers belts etc
14 Warranty
141 The Bidder warrants that the Goods supplied under this
Contract are new unused of the most recent or current models and
that they incorporate all recent improvements in design and
materials unless provided otherwise in the Contract The Bidder
further warrants that all Goods supplied under this Contract shall
have no defect arising from design materials or workmanship
(except when the design andor material is required by the
Purchasers Specifications) or from any act or omission of the Bidder
that may develop under normal use of the supplied Goods in the
conditions prevailing in the country of final destination
27
142 This warranty shall remain valid for 12 months after all the
sections of the entire plant have been delivered and successfully
commissioned and desired outputs are achieved as indicated in the
Contract Although section wise commissioning is proposed the
warranty will come into effect only after completion of all the
sections The Bidder shall in addition comply with the performance
andor consumption guarantees specified under the Contract If for
reasons attributable to the Bidder these guarantees are not attained
in whole or in part the Bidder shall at its discretion either
a make such changes modifications andor additions to the
Goods or any part thereof as may be necessary in order to attain the
contractual guarantees specified in the Contract at its own cost and
expense and to carry out further performance tests in accordance
with SCC Clause 2 OR
b pay liquidated damages to the Purchaser with respect to the
failure to meet the contractual guarantees The rate of these
liquidated damages shall be as specified in the Technical
Specifications
143 If the Bidder having been notified fails to remedy the defect(s)
within 15 days the Purchaser may proceed to take such remedial
action as may be necessary at the Bidderrsquos risk and expense and
without prejudice to any other rights which the Purchaser may have
against the Bidder under the Contract
15 Payment
151 The method and conditions of payment to be made to the
Bidder under this Contract shall be specified in the SCC
152 The Bidderrsquos request(s) for payment shall be made to the
Purchaser in writing accompanied by an invoice describing as
appropriate the Goods delivered and the Services performed and by
documents submitted pursuant to GCC Clause 9 and upon fulfillment
of other obligations stipulated in the contract
153 Payments shall be made promptly by the Purchaser but in no
case later than thirty (30) days after submission of the invoice or
claim by the Bidder
28
154 Payment shall be made in Indian Rupees
16 Prices
161 Prices payable to the Bidder as stated in the contract shall be
firm during the performance of the contract
17 Change Orders
171 The Purchaser may at any time by written order given to the
Bidder pursuant to GCC Clause 31 make changes within the general
scope of the Contract in any one or more of the following
a drawings designs or specifications where Goods to be
furnished under the Contract are to be specifically manufactured for
the Purchaser
b the Services to be provided by the Bidder
172 If any such change causes an increase or decrease in the cost of
or the time required for the Bidderrsquos performance of any provisions
under the Contract an equitable adjustment shall be made in the
Contract Price or delivery schedule or both and the Contract shall
accordingly be amended Any claims by the Bidder for adjustment
under this clause must be asserted within thirty (30) days from the
date of the Bidderrsquos receipt of the Purchasers change order
18 Contract Amendments
181 Subject to GCC Clause 17 no variation in or modification of the
terms of the Contract shall be made except by written amendment
signed by the parties
19 Assignment
191 The Bidder shall not assign in whole or in part its obligations
to perform under the Contract except with the Purchasers prior
written consent
20 Subcontracts
201 Any subcontracting work should be done after confirmation of
the same from the AMC
21 Delays in the Bidderrsquos Performance
29
211 Delivery of the Goods and performance of the Services shall be
made by the Bidder in accordance with the time schedule specified
by the Purchaser in the Schedule of Requirements
212 If at any time during performance of the Contract the Bidder or
its sub-contractor(s) should encounter conditions impeding timely
delivery of the Goods and performance of Services the Bidder shall
promptly notify the Purchaser in writing of the fact of the delay its
likely duration and its cause(s) As soon as practicable after receipt of
the Bidderrsquos notice the Purchaser shall evaluate the situation and
may at its discretion extend the Bidderrsquos time for performance with
or without liquidated damages in which case the extension shall be
ratified by the parties by amendment of the Contract
213 Except as provided under GCC Clause 24 a delay by the Bidder
in the performance of its delivery obligations shall render the Bidder
liable to the imposition of liquidated damages pursuant to GCC
Clause 22 unless an extension of time is agreed upon pursuant to
GCC Clause 212 without the application of liquidated damages
22 Liquidated Damages
221 Subject to GCC Clause 24 if the Bidder fails to deliver any or all
of the Goods or to perform the Services within the period(s) specified
in the Contract the Purchaser shall without prejudice to its other
remedies under the Contract deduct from the Contract Price as
liquidated damages a sum equivalent to 2 of the delivered price of
the delayed Goods or unperformed Services for each week or part
thereof of delay until actual delivery or performance up to a
maximum deduction of 10 of the Contract Price Once the
maximum is reached the Purchaser may consider termination of the
Contract pursuant to GCC Clause 23 Liquidated Damages is applicable
only up to commission and trial run period and not applicable to AMC
phase of the Contract
23 Termination for Default
30
231 The Purchaser may without prejudice to any other remedy for
breach of contract by written notice of default sent to the Bidder
terminate the Contract in whole or part
a if the Bidder fails to deliver any or all of the Goods within the
period(s) specified in the Contract or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 21 or
b if the Bidder fails to perform any other obligation(s) under the
Contract
c If the Bidder in the judgement of the Purchaser has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract
For the purpose of this Clause
ldquoCorrupt practicerdquo means the offering giving receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution
ldquofraudulent practicerdquo means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition
232 In the event the Purchaser terminates the Contract in whole or
in part pursuant to GCC Clause 231 the Purchaser may procure
upon such terms and in such manner as it deems appropriate Goods
or Services similar to those undelivered and the Bidder shall be
liable to the Purchaser for any excess costs for such similar Goods or
Services However the Bidder shall continue the performance of the
Contract to the extent not terminated
24 Force Majeure
241 Not with standing the provisions of GCC Clauses 21 22 23 the
Bidder shall not be liable for forfeiture of its performance security
liquidated damages or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
BIOMETHANATION PLANT
xiii
28 Purchasers Right to Accept Any Tender and to Reject Any or All Tenders
29 Notification of Award
30 Signing of Contract
31 Performance Security
32 Corrupt or Fraudulent Practices
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information Inspection and Audit by the
Government
5 Patent Rights
6 Performance Security
7 Inspections and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in the Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
BIOMETHANATION PLANT
xiv
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
SECTION IV SPECIAL CONDITIONS OF CONTRACT
Special Conditions of Contract
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (Clause 27)
7 Notices (Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligations
12 Patent Rights
SECTION V SCHEDULE OF REQUIREMENTS
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
Annexure-1- Plant proposed
Annexure- 2 Other conditions
SECTION VII QUALIFICATION CRITERIA
SECTION VIII TENDER FORM
SECTION IX PRICE SCHEDULE FORMAT
SECTION X CONTRACT FORM
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
SECTION XII-Proforma for Performance Statement of Bidder
1
SECTION I INVITATION FOR TENDERS (IFT)
Date
No
The Ahmednagar Municipal Corporation (AMC) invites tenders from eligible tenderers for ldquoDesign supply installation erection
commissioning of Two Biomethanation plant of 5 TPD each
capacity with operation amp maintenance for 1 YEAR at Burudgaon
Depo Ahmednagarrdquo (place may be chamged as per necessory)
1 The tenderers shall submit tender for all the works under this
contract Part bidding of tender is not allowed
2 The Tender document is available online from e-portal and
bids are to be submitted online through the e-procurement portal
httpamcmaharashtraetendersin Bids submitted manually will
not be accepted One can view and download the tenders published
currently by logging on to httpamcmaharashtraetendersin
For submission of the bids the bidders are required to have Digital
Signature Certificate (DSC) from one of the authorized Certifying
Authorities as detailed in the website
31 Aspiring bidders who have not obtained the User ID and
Password for participating in e-tendering may obtain the same by
registering in the website The contractors once registered can
participate in any of the department tenders
32 The bidding is a single stage two cover system ie- two cover
system (First Cover (Technical) and Second Cover (Financial)) and
Operator to be selected on Least Cost Selection (LCS)
3 Bidders are required to pay online the tender processing fee as
detailed in the website
Note (The non-refundable Tender processing fee details is available
on the e-procurement website)
4 A Pre-bid Meeting will be held at the Office of ldquoCommissioner
Ahmednagar Municipal Corporationrdquo to clarify the issues and to
2
answer questions on any matter that may be raised at that stage as
stated in Clause 92 of lsquoInstructions to Biddersrsquo of the bidding
document
5 The last Date and time for receipt of bids through the e-
tendering portal httpamcmaharashtraetendersin and will be
opened as per e-portal from the last date and time of receipt of bids
If the office happens to be closed on the date of opening of the bids as
specified the bids will be opened on the next working day at the
same time and venue
6 Other details can be seen in the bidding documents
Note
The Employer shall not be held liable for any delays due to system
failure beyond its control Even though the system will attempt to
notify the bidders of any bid updates The Employer shall not be
liable for any information not received by the bidder It is the
biddersrsquo responsibility to verify the website for the latest information
related to the tender The bidder is required to ensure browser
compatibility of the computer well in advance to the last date and
time for receipt of the tenders The department shall not be
responsible for non-accessibility of e-procurement portal due to
internet connectivity issues and technical glitches
3
SECTION II INSTRUCTION TO TENDERERS
A Introduction
1 Eligible Tenderers
11 The tender is open to all bidders who satisfy the qualification
criteria
12 The tenderer should be a registered legal entity Joint ventures
are allowed
13 Tenderers should not be associated or have been associated in
the past directly or indirectly with a firm or any of its affiliates
which have been engaged by the Purchaser to provide consulting
services for the preparation of the design specifications and other
documents to be used for the procurement of the goods to be
purchased under this Invitation of Tenders
14 Tenderers shall not be under a declaration of ineligibility for
corrupt and fraudulent practices issued by Government of
Maharashtra or India
2 Cost of Tendering
21 The Tenderer shall bear all costs associated with the
preparation and submission of its tender and AMC hereinafter
referred to as the Purchaser will in no case be responsible or liable
for these costs regardless of the conduct or outcome of the tender
process
B The Tender Documents
3 Contents of Tender Documents
31 The goods required tendering procedures and contract terms
are prescribed in the tender documents In addition to the Invitation
for Tenders the tender documents include
a Instruction to Tenderers (ITT)
b General Conditions of Contract (GCC)
c Special Conditions of Contract (SCC)
d Schedule of Requirements
4
e Technical Specifications
f Tender Form and Price Schedules
g Earnest Money Deposit Form
h Contract Form
i Performance Security Form
j Performance Statement Form
32 The Tenderer is expected to examine all instructions forms
terms and specifications in the tender documents Failure to furnish
all information required by the tender documents or submission of a
tender not substantially responsive to the tender documents in every
respect will be at the Tendererrsquos risk and may result in rejection of its
tender
4 Clarification of Tender Documents
41 The electronic bidding system provides for online
clarifications A prospective tenderer requiring any clarification may
notify online the authority inviting the bid The authority-inviting bid
will respond to any request(s) for clarification received in writing up
to pre-bid meeting Description of clarification sought and the
response of the authority inviting the bid will be uploaded for
information of the public or other bidders without identifying the
source of request for clarification
The Tenderer or his official representative is invited to attend a pre-
bid meeting which will take place at the office of the ldquoCommissioner
Ahmednagar Municipal Corporationrdquo
42 The purpose of the meeting will be to clarify issues and to
answer questions on any matter that may be raised at that stage
43 The Tenderer is requested to submit any questions in written
addressed to the commissioner Ahmednagar Municipal Corporation
not later than day of pre-bid meeting
44 Minutes of the meeting including the text of the questions
raised (without identifying the source of enquiry) and the responses
given will be uploaded on the website
httpamcmaharashtraetendersin Any modification of the
5
bidding documents which may become necessary as a result of the
pre-bid meeting shall be made by the Purchaser exclusively through
the issue of an Addendum in pursuant to Clause 5 of IT Band
45 Non-attendance at the pre-bid meeting will not be a cause for
disqualification of a bidder
5 Amendment of Tender Documents (l)
51 At any time prior to the deadline for submission of tenders the
Purchaser may for any reason whether at its own initiative or in
response to a clarification requested by a prospective tenderer
modify the tender documents by amendment
52 The addendum will appear on the web page of the website
httpamcmaharashtraetendersin
53 In order to allow prospective tenderers reasonable time in
which to take the amendment into account in preparing their
tenders the Purchaser at its discretion may extend the deadline for
the submission of tenders
C Preparation of Tenders
6 Language of Tender
61 The tender prepared by the Tenderer as well as all
correspondence and documents relating to the tender exchanged by
the Tenderer and the Purchaser shall be written in English language
Supporting documents and printed literature furnished by the
Tenderer may be in another language provided they are
accompanied by an accurate translation of the relevant passages in
the English language in which case for purposes of interpretation of
the Tender the translation shall govern
7 Documents Constituting the Tender
a Technical Cover
The bidding is a single stage two cover system (First Cover
(Technical) and Second Cover (Financial)) and Successful Bidder to
be selected on Least Cost Selection (LCS) The bidder shall attach the
detailed technical specification of the machines proposed by him in
6
the technical bid The bidder shall attach the flow chart and detailed
proposed Biomethnation plant in the technical bid
The technical proposal will be evaluated and the proposal which are
found technically sound and satisfy other eligibility criteria shall be
called for presentation before the committee If committee finds the
offer technically viable the bidder shall be technically qualified
71 While preparing the Technical Tender Operator is expected to
examine the documents comprising this bid document Material
deficiencies in providing the information requested may result in
rejection of a tender The tender prepared by the Tenderer shall
comprise the following components
a) Documentary evidence established in accordance with ITT
Clause 11 that the Tenderer is eligible to tender and is qualified to
perform the contract if its tender is accepted
b) Documentary evidence established in accordance with ITT
Clause 12 that the goods and ancillary services to be supplied by the
Tenderer are eligible goods and services and conform to the tender
documents and
c) Earnest money deposit furnished in accordance with ITT
Clause 13
8 Tender Form
81 The Tenderer shall complete the Tender Form and the Price
Schedule furnished in the tender documents indicating the goods to
be supplied a brief description of the Design Supply Installation
Erection commissioning and Operation amp Maintenance of Municipal
Solid Waste Treatment Equipmentrsquos and Machineries their country of
origin quantity and prices
b Financial Cover
9 Tender Prices
91 The Tenderer shall indicate on the Price Schedule of the unit
prices and total tender prices of the Design supply installation
7
erection commissioning of Two Biomethanation plant of 5 TPD each
capacity with operation amp maintenance for 1 YEAR at Burudgaon
Depo Ahmednagar
92 Tenderers shall quote for the complete requirement of
processing machinery with vehicles goods and services specified
under single responsibility basis The least bidder shall be awarded
the work
93 Prices indicated on the Price Schedule shall be inclusive of the
following
(i) The price of the goods and services quoted (proposed
Biomethanation Plant including Design Supply Installation erection
commissioning and Operation amp Maintenance as applicable) shall
include all duties and sales and other taxes already paid or payable
by the tenderer
(ii) Any duties sales and other taxes which will be payable on the
goods shall be borne by the contractor if this Contract is awarded
(iii) The price for inland transportation insurance and other local
costs incidental to delivery of the goods to their final destination and
(iv) Cost towards erection and commissioning at site including
foundation
94 Prices quoted by the Tenderer shall be fixed during the
Tendererrsquos performance of the Contract and not subject to variation
on any account A tender submitted with an adjustable price
quotation will be treated as non- responsive and rejected pursuant
to ITT Clause 22
10 Tender Currency
101 Prices shall be quoted in Indian Rupees
11 Documents Establishing Tenderers Eligibility and
Qualifications
111 Pursuant to ITT Clause 7 the Tenderer shall furnish as part of
its Tender documents establishing the Tendererrsquos eligibility to
8
tender and its qualifications to perform the Contract if its tender is
accepted
112 The documentary evidence of the Tenderers qualifications to
perform the Contract if its tender is accepted shall establish to the
Purchasers satisfaction
a) That the average financial turnover of the bidder is 1 crore
in last 3 financial years
b) That The tenderer must have experience of Supply
installation and Commissioning of at least one Bio methanation
plant of 5 TPD capacity in India within last 1 years
Or
b) The bidder must have technology transfer agreement with
BARC (Bhabha Atomic Research Center ) for Biomethanation
plant
Bidder are required to submit Work order copies and
ExecutionCompletion Certificate Technology Transfer Certificate
from BARC AMC may call for original certificates for verification
12 Documents Establishing Goods Eligibility and Conformity
to Tender Documents
121 Pursuant to ITB Clause 7 the Tenderer shall furnish as part of
its tender documents establishing the eligibility and conformity to
the tender documents of all goods and services which the tenderer
proposes to supply under the contract
122 The documentary evidence of conformity of the goods and
services to the tender documents may be in the form of literature
drawings and data and shall consist of
a) a detailed description of the proposed essential technical and
performance characteristics of the goods and machines
b) a list giving full particulars including available sources and
current prices of spare parts special tools etc necessary for the
9
proper and continuing functioning of the goods for a period of one
years following commencement of the use of the goods by the
Purchaser and
c) an item-by-item commentary on the Purchasers Technical
Specifications demonstrating substantial responsiveness of the goods
and services to those specifications or a statement of deviations and
exceptions to the provisions of the Technical Specifications
123 For purposes of the commentary to be furnished pursuant to
ITT Clause 122(c) above the Tenderer shall note that standards for
workmanship material and equipment and references to brand
names or catalogue numbers designated by the Purchaser in its
Technical Specifications are intended to be descriptive only and not
restrictive The Tenderer may substitute alternative standards brand
names andor catalogue numbers in its tender provided that it
demonstrates to the Purchasers satisfaction that the substitutions
ensure substantial equivalence to those designated in the Technical
Specifications
13 Earnest Money Deposit
131 Pursuant to ITT Clause 7 the Tenderer shall furnish as part of
its tender earnest money deposit in the amount as specified in
Section-V - Schedule of Requirements
132 The earnest money deposit is required to protect the Purchaser
against the risk of Tenderers conduct which would warrant the
securitys forfeiture pursuant to ITB Clause 137
133 The earnest money deposit shall be denominated in Indian
Rupees and shall be paid online only on the portal
134 Any tender not secured in accordance with ITT Clauses 131
and the Purchaser as non-responsive pursuant to ITT Clause 22 will
reject 133 above
135 Unsuccessful Tenderers earnest money deposit will be
dischargedreturned as promptly as possible but not later than 30
days after the expiration of the period of tender validity prescribed
by the Purchaser pursuant to ITT Clause 14
10
136 The successful Tenderers earnest money deposit will be
discharged upon the Tenderer signing the Contract pursuant to ITT
Clause 30 and furnishing the performance security pursuant to ITB
Clause 31
137 The tender security may be forfeited
(a) if a Tenderer (i) withdraws its tender during the period of
tender validity specified by the Tenderer on the Tender Form or (ii)
does not accept the correction of errors pursuant to ITT Clause 222
or
(b) in case of a successful Tenderer if the Tenderer fails (i) to sign
the Contract in accordance with ITT Clause 30 or (ii) to furnish
performance security in accordance with ITT Clause 31
14 Period of Validity of Tenders
141 Tenders shall remain valid for 120 days after the deadline for
submission of tenders prescribed by the Purchaser pursuant to ITT
Clause 17 A tender valid for a shorter period shall be rejected by the
Purchaser as non-responsive
142 In exceptional circumstances the Purchaser may solicit the
Tenderers consent to an extension of the period of validity The
request and the responses thereto shall be made in writing (or by
cable or telex or fax) The earnest money deposit provided under ITT
Clause 13 shall also be suitably extended A Tenderer may refuse the
request without forfeiting its earnest money deposit A Tenderer
granting the request will not be required nor permitted to modify its
tender
15 Format and Signing of Tender
151 Bidders shall submit offers that comply with the requirements
of the bidding documents including the basic technical design as
indicated in the drawing and specifications Alternatives will not be
considered
11
D Submission of Bids
16 Bidding through E-Tendering System
161 The tendering under this contract is electronic bid submission
through website httpamcmaharashtraetendersin Detailed
guidelines for viewing bids and submission of online bids are given
on the website The Invitation for Tenders is published on this
website Any citizen or prospective tenderer can logon to this
website and view the Invitation for Tenders and can view the details
of works for which bids are invited The prospective tenderer can
submit tenders online however the bidder is required to have
enrolmentregistration in the website and should have valid Digital
Signature Certificate (DSC) The DSC can be obtained from any
authorized certifying agencies The tenderer should register in the
web site httpamcmaharashtraetendersin After this the
tenderer can login the site through the secured login Bidders are
requested to go through the bid documents carefully and submit the
required information without exception otherwise bids will be
rejected
162 The completed tender should be uploaded on the website
given above through e-tendering along with scanned copies of
requisite certificates as are mentioned in different sections in the
bidding document and scanned copy of the Bid Security No financial
quote shall be uploaded as part of the Technical Bid
163 The bidder shall submit online the requirements under
qualification criteria and Technical and Financial parts The contents
of the Post Qualification and Technical and Financial bid shall be as
specified in ITT After electronic on line bid submission the system
generates a unique bid reference number which is time stamped
This shall be treated as acknowledgement of bid submission
17 Deadline for Submission of the Bids
171 Bids must be received by the Employer online not later than
the due date as specified in the online portal
172 The Employer may extend the deadline for submission of bids
by issuing an amendment in accordance with Clause 5 in which case
12
all rights and obligations of the Employer and the bidders previously
subject to the original deadline will then be subject to the new
deadline
18 Late Bids
181 The electronic bidding system would not allow any late
submission of bids after due date and time as per server time
19 Modification and Withdrawal of Bids
191 Tenderers may modify their bids online before the deadline
prescribed in Clause 17 for bid modification and consequential re-
submission
192 No tenders may be modified after the deadline for submission
of Bids
193 Withdrawal or modification of a tender between the deadline
for submission of tender and the expiration of the original period of
bid validity specified in Clause 141 above or as extended pursuant to
Clause 142 is not allowed in the e-procurement system If a tenderer
does the same through any other medium then it may result in the
forfeiture of the Tender security pursuant to Clause 137
E Tender Opening and Evaluation of Tenders
20 Opening of Tenders by the Purchaser
201 The Purchaser will open all the Technical Cover in the
presence of Tenderersrsquo representatives who choose to attend as per
e-portal
The Tendererrsquos representatives who are present shall sign a register
evidencing their attendance In the event of the specified date of
Tender opening being declared a holiday for the Purchaser the
tenders shall be opened at the appointed time and location on the
next working day
202 The Tendererrsquos names tender modifications or withdrawals
tender prices discounts and the presence or absence of requisite
tender security and such other details as the Purchaser at its
discretion may consider appropriate will be announced at the
opening No tender shall be rejected at tender opening except for late
13
tenders which shall be returned unopened to the Tenderer pursuant
to ITT Clause 18
203 Tenders (and modifications sent pursuant to ITT Clause 192)
that are not opened and read out at tender opening shall not be
considered further for evaluation irrespective of the circumstances
204 The Purchaser will prepare minutes of the tender opening The
Financial Bid of the successful bidders only will be opened after
completion of technical bid evaluation
21 Clarification of Tenders
During evaluation of tenders the Purchaser may at its discretion ask
the Tenderer for a clarification of its tender The request for
clarification and the response shall be in writing and no change in
prices or substance of the tender shall be sought offered or
permitted
22 Preliminary Examination
221 The Purchaser will examine the technical bid to determine
whether they are complete whether required sureties have been
furnished and whether the tenders are generally in order
2211 The evaluation committee appointed by the Employer as
a whole and each of its members individually will evaluate the
Technical Bids on the basis of their responsiveness to the ITB A Bid
shall be rejected at this stage if it does not respond to important
aspects of the Bid Document
222 After the evaluation of technical Bid is completed the
Purchaser shall notify those bidders whose Bids meet the
qualification criteria as detailed in Section VII or were considered
responsive to the bid document indicating that the presentation has
to be made by their company After presentation by the company the
committee members or the person authorized by the commissioner
may visit the plant established by the bidder The bidder to whom the
committee is satisfied with the documents and the presentation and
the site visit if required will be informed as technically qualified
bidders
14
223 The financial bid opening date shall not be informed to the
technically disqualified bidders
2231 The Financial Cover shall be opened publicly in the
presence of the bidders representatives who choose to attend The
bid opening shall be online only
2232 The evaluation committee will determine whether the
Financial Bids are complete correct any computational errors
Arithmetical errors will be rectified on the following basis If there is
a discrepancy between the unit price and the total price that is
obtained by multiplying the unit price and quantity the unit price
shall prevail and the total price shall be corrected If there is a
discrepancy between words and figures the lower of the two will
prevail If the Bidder does not accept the correction of errors its
tender will be rejected and its tender security may be forfeited
2233 All necessary civil work and other related works for
Biomethanation plant is to be done by the successful bidder AMC
shall provide the land road upto the plant site electric connection
upto the plant site AMC shall provide approximately 5 TPD non-veg
organic waste and 5 TPD organic (Veg) waste as feed for each
seperate plant
2234 During the contract period and always the processing
plant machines land and civil works shall be the property of AMC At
the time of handover of the plant to AMC the contractor shall
handover the plant in good running condition If it is found that the
plant is inoperative or needs any repairs and maintenance the
contractor should either repair it to satisfaction of the AMC or if AMC
get it done by its own resources the amount shall be deducted from
the performance security deposit submitted by the contractor
2235 This biding is called for Burudgaon Depo location The
selection procedure of the successful bidder shall be as under
a Whereas successful bidder shall be the bidder quoting lowest for
the Supply Installation Erection commissioning and Operation amp
Maintenance of Municipal Solid Waste Treatment Equipmentrsquos and
Machineries (L-1)
15
b The cost of the MSW Plant and allied accessories for operation
of the plant quoted by the bidder shall be paid by the AMC as per the
payment schedule given in the tender document The value of the
processing plant and allied accessories wit OampM quoted by the
bidder shall be the sole bidding criteria for the tender
c The successful contractor shall not be paid any kind tipping
fees for operating the plant The contractor shall sell the products
(GasElectricitycompostothers) recovered from the processing of
the waste to recover the operation and maintenance cost and the
profits
224 Term of Contract
The term of the contract shall be 1 YEAR and can be renewed for a
similar term if the performance of the contractor is satisfactory
225 Scope of Work
The scope of the work shall be processing of the 5 + 5 TPD waste for
each site (two sites)received at site The rejects from the processing
should not be more than 15 of the total waste The rejects shall be
kept at one side of the site from where the CampT contractor shall lift
the waste and transport it to landfill site
226 Prior to the detailed evaluation pursuant to ITB Clause 23 the
Purchaser will determine the substantial responsiveness of each
tender to the tender documents For purposes of these Clauses a
substantially responsive tender is one which conforms to all the
terms and conditions of the tender documents without material
deviations Deviations from or objections or reservations to critical
provisions such as those concerning Performance Security (GCC
Clause 6) Warranty (GCC Clause 14) Force Majeure (GCC Clause 24)
Limitation of liability (GCC Clause 28) Applicable law (GCC Clause
30) and Taxes amp Duties (GCC Clause 32) will be deemed to be a
material deviation The Purchasers determination of a tenders
responsiveness is to be based on the contents of the tender itself
without recourse to extrinsic evidence
16
227 If a tender is not substantially responsive it will be rejected by
the Purchaser and may not subsequently be made responsive by the
Tenderer by correction of the non-conformity
23 Evaluation and Comparison of Tenders
231 The Purchaser will evaluate and compare the tenders which
have been determined to be substantially responsive pursuant to ITT
Clause 22 for each schedule separately No tender will be considered
if the complete requirements covered in the schedule is not included
in the tender However as stated in ITT Clause 9 The tenderer shall
quote his final prices taken into account all discounts
24 Contacting the Purchaser
241 Subject to ITT Clause 21 no Tenderer shall contact the
Purchaser on any matter relating to its tender from the time of the
tender opening to the time the Contract is awarded If the tenderer
wishes to bring additional information to the notice of the purchaser
it should do so in writing
242 Any effort by a Tenderer to influence the Purchaser in its
decisions on tender evaluation tender comparison or contract award
may result in rejection of the Tenderers tender
F Award of Contract
25 Post qualification
251 In the absence of prequalification the Purchaser will determine
to its satisfaction whether the Tenderer that is selected as having
submitted the lowest evaluated responsive tender meets the criteria
specified in ITT Clause 112 (b) and is qualified to perform the
contract satisfactorily
252 The determination will take into account the Tenderers
financial technical and production capabilities It will be based upon
an examination of the documentary evidence of the Tenderers
qualifications submitted by the Tenderer pursuant to ITT Clause 11
as well as such other information as the Purchaser deems necessary
and appropriate
26 Award Criteria
17
261 Subject to ITT Clause 28 the Purchaser will award the Contract
to the successful Tenderer whose tender has been determined to be
substantially responsive and has been determined as the lowest
evaluated tender provided further that the Tenderer is determined
to be qualified to perform the Contract satisfactorily
27 Right to vary Quantities
271 The contractor shall have to erect the machines proposed by
him in the technical bid and presentation However during the
contract duration for better performance of the processing plant the
contractor shall be free to add the machines vehicles and civil works
at no cost to AMC The contractor shall not be allowed to sell the
installed machines as AMC has already paid the contractor for the
machines and ownership of the machines always lies with the AMC
28 Purchasers Right to Accept Any Tender and to Reject Any
or All Tenders
281 The Purchaser reserves the right to accept or reject any tender
and to annul the tendering process and reject all tenders at any time
prior to contract award without thereby incurring any liability to the
affected Tenderer or Tendererrsquos
29 Notification of Award
291 Prior to the expiration of the period of tender validity the
Purchaser will notify the successful tenderer in writing by registered
letter or by cabletelex or fax to be confirmed in writing by
registered letter that its tender has been accepted
292 The notification of award will constitute the formation of the
Contract
293 Upon the successful Tenderers furnishing of performance
security pursuant to ITT Clause 31 the Purchaser will promptly
notify the name of the winning Tenderer to each unsuccessful
Tenderer and will discharge its earnest money deposit pursuant to
ITT Clause 13
30 Signing of Contract
18
301 At the same time as the Purchaser notifies the successful
tenderer that its tender has been accepted the Purchaser will send
the Tenderer the Contract Form provided in the tender documents
incorporating all agreements between the parties
302 Within 21 days of receipt of the Contract Form the successful
Tenderer shall sign and date the Contract and return it to the
Purchaser
31 Performance Security
311 Within 21 days of the receipt of notification of award from the
Purchaser the successful Tenderer shall furnish the performance
security of 3 of the cost of the machines and equipments
quoted by him The performance security shall be in form of Bank
guarantee 2 payment shall be deducted from each payment which
will make the total performance security to 5 The performance
security shall be released at the end of the contract period
312 Failure of the successful Tenderer to comply with the
requirement of ITT Clause 302 or ITT Clause 311 shall constitute
sufficient grounds for the annulment of the award and forfeiture of
the earnest money deposit in which event the Purchaser may make
the award to the next lowest evaluated Tenderer or call for new
tenders
32 Corrupt or Fraudulent Practices
321 The Government requires that Tendererrsquos Bidders
Contractors observe the highest standard of ethics during the
procurement and execution of Government financed contracts In
pursuance of this policy the Government
(a) defines for the purposes of this provision the terms set forth
as follows
(i) ldquocorrupt practicerdquo means the offering giving receiving or
soliciting of any thing of value to influence the action of a public
official in the procurement process or in contract execution and
(ii) ldquofraudulent practicerdquo means a misrepresentation of facts in
order to influence a procurement process or the execution of a
contract to the detriment of the Government and includes collusive
19
practice among Tenderers (prior to or after tender submission)
designed to establish tender prices at artificial non-competitive
levels and to deprive the Government of the benefits of free and open
competition
(b) will reject a proposal for award if it determines that the
Tenderer recommended for award has engaged in corrupt or
fraudulent practices in competing for the contract in question
(c) will declare a firm ineligible either indefinitely or for a stated
period of time to be awarded a Government financed contract if it at
any time determines that the firm has engaged in corrupt or
fraudulent practices in competing for or in executing a Government-
financed contract
322 Furthermore Tenderers shall be aware of the provision stated
in sub-clause 44 and sub-clause 231 of the General Conditions of
Contract
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
Clause Number Topic
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information
Inspection and Audit by Government
5 Patent Rights
6 Performance Security
7 Inspection and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
20
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
21
General Conditions of Contract
1 Definitions
11 In this Contract the following terms shall be interpreted as
indicated
a The Contract means the agreement entered into between the
Purchaser and the Bidder as recorded in the Contract Form signed
by the parties including all the attachments and appendices thereto
and all documents incorporated by reference therein
b The Contract Price means the price payable to the Bidder
under the Contract for the full and proper performance of its
contractual obligations
c The Goods means all the equipment machinery andor other
materials which the Bidder is required to supply to the Purchaser
under the Contract
d Services means services ancillary to the supply of the Goods
such as transportation and insurance and any other incidental
services such as installation commissioning provision of technical
assistance training and other obligations of the Bidder covered
under the Contract
e ldquoGCCrdquo means the General Conditions of Contract contained in
this section
f ldquoSCCrdquo means the Special Conditions of Contract
g ldquoThe Purchaserrdquo means the organization purchasing the Goods
as named in SCC
h ldquoThe Purchaserrsquos countryrdquo is the country named in SCC
i ldquoThe Bidderrdquo means the individual or firm supplying the Goods
and Services under this Contract
j ldquoThe Governmentrdquo means the Government of Maharashtra
State
k ldquoThe Project Siterdquo where applicable means the place or places
named in SCC
l ldquoDayrdquo means calendar day
2 Application
22
21 These General Conditions shall apply to the extent that
provisions in other parts of the Contract do not supersede them
3 Standards
31 The Goods and machines supplied under this Contract shall
conform to the standards mentioned in the Technical Specifications
given in the technical bid of the bidder and when no applicable
standard is mentioned to the authoritative standard appropriate to
the Goods country of origin and such standards shall be the latest
issued by the concerned institution
4 Use of Contract Documents and Information Inspection
and Audit by the Government
41 The Bidder shall not without the Purchasers prior written
consent disclose the Contract or any provision thereof or any
specification plan drawing pattern sample or information furnished
by or on behalf of the Purchaser in connection therewith to any
person other than a person employed by the Bidder in performance
of the Contract Disclosure to any such employed person shall be
made in confidence and shall extend only so far as may be necessary
for purposes of such performance
42 The Bidder shall not without the Purchaserrsquos prior written
consent make use of any document or information enumerated in
GCC Clause 41 except for purposes of performing the contract
43 Any document other than the Contract itself enumerated in
GCC Clause 41 shall remain the property of the Purchaser and shall
be returned (in all copies) to the Purchaser on completion of the
Bidderrsquos performance under the Contract if so required by the
Purchaser
44 The Bidder shall permit the Government to inspect the Bidderrsquos
accounts and records relating to the performance of the Bidder and
to have them audited by auditors appointed by the Government if so
required by the Government
5 Patent Rights
23
51 The Bidder shall indemnify the Purchaser against all third-
party claims of infringement of patent trademark or industrial
design rights arising from use of the Goods or any part thereof in
India
6 Performance Security
61 Within 21 days of receipt of the notification of contract award
the Bidder shall furnish Performance Security to the Purchaser for an
amount of 5 of the Contract Value valid up to 30 days after the date
of completion of Contract
62 The proceeds of the performance security shall be payable to
the Purchaser as compensation for any loss resulting from the
Bidderrsquos failure to complete its obligations under the Contract
63 The Performance Security shall be denominated in Indian
Rupees and shall be in one of the following forms
a) A Bank guarantee issued by a NationalizedScheduled bank in
the form provided in the tender documents or another form
acceptable to the Purchaser or
b) Crossed demand draft or pay order drawn in favor of the
Purchaser or
64 The Performance Security will be discharged by the Purchaser
and returned to the Bidder not later than 60 days following the date
of completion of the Bidderrsquos performance obligations including any
Warranty obligations under the Contract
7 Inspections and Tests
71 The Purchaser or its representative shall have the right to
inspect andor to test the Goods to confirm their conformity to the
Contract specifications at no extra cost to the Contractor
72 The contractor shall conduct third party inspection from any of
the inspection agency approved by Government of India The cost of
the inspection should be paid by the contractor and no
reimbursement shall be made by AMC for the inspection The
inspection shall be done on the basis of the technical bid submitted
by the tenderer or the approved machines and drawings by AMC
24
73 The inspections and tests may be conducted on the premises of
the Bidder or its subcontractor(s) at point of delivery andor at the
Goods final destination If conducted on the premises of the Bidder or
its subcontractor(s) all reasonable facilities and assistance including
access to drawings and production data - shall be furnished to the
inspectors at no charge to the Purchaser
74 Should any inspected or tested Goods fail to conform to the
specifications the Purchaser may reject the goods and the Bidder
shall either replace the rejected Goods or make alterations necessary
to meet specification requirements free of cost to the Purchaser
75 The Purchasers right to inspect test and where necessary
reject the Goods after the Goods arrival at Project Site shall in no
way be limited or waived by reason of the Goods having previously
been inspected tested and passed by the Purchaser or its
representative prior to the Goods shipment
76 Nothing in GCC Clause 7 shall in any way release the Bidder
from any warranty or other obligations under this Contract
77 Manuals and Drawings
771 Before the goods and equipment are taken over by the
Purchaser the Bidder shall supply operation and maintenance
manuals together with drawings of the goods and equipment These
shall be in such detail as will enable the Purchaser to operate
maintain adjust and repair all parts of the equipment as stated in the
specifications
772 The manuals and drawings shall be in the ruling language
(English) and in such form and numbers as stated in the contract
773 Unless and otherwise agreed the goods and equipment shall
not be considered to be completed for the purpose of taking over
until such manuals and drawings have been supplied to the
Purchaser
8 Packing
25
81 The packing of the goods may not be required however the
documents like operational manual and list of equipments shall be
submitted in two copies in booklet form
9 Delivery and Documents
91 Delivery of the Goods shall be made by the Bidder in
accordance with the terms specified by the Purchaser in the
Notification of Award The bills for the machines shall be submitted
in duplicate The bills for only those equipment will be accepted
whose delivery at site has been done by the bidder
10 Insurance
101 It will the responsibility of the contractor that the Goods and
machines supplied under the Contract shall be fully insured by the
contractor in Indian Rupees against loss or damage incidental to
manufacture or acquisition transportation storage and delivery for
complete duration of the contract For delivery of goods at site the
insurance shall be obtained by the Bidder in an amount equal to
110 of the value of the goods from ldquowarehouse to warehouserdquo
(final destinations) on ldquoAll Risksrdquo basis including War risks and
Strikes
11 Transportation
111 Where the Bidder is required under the Contract to transport
the Goods to a specified place of destination within India defined as
Project site the Bidder as shall be specified in the Contract shall
arrange transport to such place of destination in India including
insurance and the related cost shall be included in the Contract Price
12 Incidental Services
121 The Bidder may be required to provide any or all of the
following services including additional services if any specified in
SCC
a performance or supervision of the on-site assembly andor
start-up of the supplied Goods
b furnishing of tools required for assembly andor maintenance
of the supplied Goods
26
c furnishing of detailed operations and maintenance manual for
each appropriate unit of supplied Goods
d performance or supervision or maintenance andor repair of
the supplied Goods for a period of time agreed by the parties
provided that this service shall not relieve the Bidder of any
warranty obligations under this Contract and
e training of the Purchasers personnel at the Bidderrsquos plant
andor on-site in assembly start-up operation maintenance andor
repair of the supplied Goods
f detailed specifications of each equipment in detail to be
provided
g arrangement of required vehicles and implements for loading
amp unloading of Equipment at Facilities and other required infra for
assembling of equipment
122 Prices charged by the Bidder for incidental services if not
included in the Contract Price for the Goods shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates
charged to other parties by the Bidder for similar services
13 Spare Parts
131 As specified in the SCC the contractor shall be required to
provide any or all of the materials and spare parts at no cost to AMC
132 The Bidder shall carry sufficient inventories to assure ex-stock
supply of consumable spares for the Goods such as gaskets plugs
washers belts etc
14 Warranty
141 The Bidder warrants that the Goods supplied under this
Contract are new unused of the most recent or current models and
that they incorporate all recent improvements in design and
materials unless provided otherwise in the Contract The Bidder
further warrants that all Goods supplied under this Contract shall
have no defect arising from design materials or workmanship
(except when the design andor material is required by the
Purchasers Specifications) or from any act or omission of the Bidder
that may develop under normal use of the supplied Goods in the
conditions prevailing in the country of final destination
27
142 This warranty shall remain valid for 12 months after all the
sections of the entire plant have been delivered and successfully
commissioned and desired outputs are achieved as indicated in the
Contract Although section wise commissioning is proposed the
warranty will come into effect only after completion of all the
sections The Bidder shall in addition comply with the performance
andor consumption guarantees specified under the Contract If for
reasons attributable to the Bidder these guarantees are not attained
in whole or in part the Bidder shall at its discretion either
a make such changes modifications andor additions to the
Goods or any part thereof as may be necessary in order to attain the
contractual guarantees specified in the Contract at its own cost and
expense and to carry out further performance tests in accordance
with SCC Clause 2 OR
b pay liquidated damages to the Purchaser with respect to the
failure to meet the contractual guarantees The rate of these
liquidated damages shall be as specified in the Technical
Specifications
143 If the Bidder having been notified fails to remedy the defect(s)
within 15 days the Purchaser may proceed to take such remedial
action as may be necessary at the Bidderrsquos risk and expense and
without prejudice to any other rights which the Purchaser may have
against the Bidder under the Contract
15 Payment
151 The method and conditions of payment to be made to the
Bidder under this Contract shall be specified in the SCC
152 The Bidderrsquos request(s) for payment shall be made to the
Purchaser in writing accompanied by an invoice describing as
appropriate the Goods delivered and the Services performed and by
documents submitted pursuant to GCC Clause 9 and upon fulfillment
of other obligations stipulated in the contract
153 Payments shall be made promptly by the Purchaser but in no
case later than thirty (30) days after submission of the invoice or
claim by the Bidder
28
154 Payment shall be made in Indian Rupees
16 Prices
161 Prices payable to the Bidder as stated in the contract shall be
firm during the performance of the contract
17 Change Orders
171 The Purchaser may at any time by written order given to the
Bidder pursuant to GCC Clause 31 make changes within the general
scope of the Contract in any one or more of the following
a drawings designs or specifications where Goods to be
furnished under the Contract are to be specifically manufactured for
the Purchaser
b the Services to be provided by the Bidder
172 If any such change causes an increase or decrease in the cost of
or the time required for the Bidderrsquos performance of any provisions
under the Contract an equitable adjustment shall be made in the
Contract Price or delivery schedule or both and the Contract shall
accordingly be amended Any claims by the Bidder for adjustment
under this clause must be asserted within thirty (30) days from the
date of the Bidderrsquos receipt of the Purchasers change order
18 Contract Amendments
181 Subject to GCC Clause 17 no variation in or modification of the
terms of the Contract shall be made except by written amendment
signed by the parties
19 Assignment
191 The Bidder shall not assign in whole or in part its obligations
to perform under the Contract except with the Purchasers prior
written consent
20 Subcontracts
201 Any subcontracting work should be done after confirmation of
the same from the AMC
21 Delays in the Bidderrsquos Performance
29
211 Delivery of the Goods and performance of the Services shall be
made by the Bidder in accordance with the time schedule specified
by the Purchaser in the Schedule of Requirements
212 If at any time during performance of the Contract the Bidder or
its sub-contractor(s) should encounter conditions impeding timely
delivery of the Goods and performance of Services the Bidder shall
promptly notify the Purchaser in writing of the fact of the delay its
likely duration and its cause(s) As soon as practicable after receipt of
the Bidderrsquos notice the Purchaser shall evaluate the situation and
may at its discretion extend the Bidderrsquos time for performance with
or without liquidated damages in which case the extension shall be
ratified by the parties by amendment of the Contract
213 Except as provided under GCC Clause 24 a delay by the Bidder
in the performance of its delivery obligations shall render the Bidder
liable to the imposition of liquidated damages pursuant to GCC
Clause 22 unless an extension of time is agreed upon pursuant to
GCC Clause 212 without the application of liquidated damages
22 Liquidated Damages
221 Subject to GCC Clause 24 if the Bidder fails to deliver any or all
of the Goods or to perform the Services within the period(s) specified
in the Contract the Purchaser shall without prejudice to its other
remedies under the Contract deduct from the Contract Price as
liquidated damages a sum equivalent to 2 of the delivered price of
the delayed Goods or unperformed Services for each week or part
thereof of delay until actual delivery or performance up to a
maximum deduction of 10 of the Contract Price Once the
maximum is reached the Purchaser may consider termination of the
Contract pursuant to GCC Clause 23 Liquidated Damages is applicable
only up to commission and trial run period and not applicable to AMC
phase of the Contract
23 Termination for Default
30
231 The Purchaser may without prejudice to any other remedy for
breach of contract by written notice of default sent to the Bidder
terminate the Contract in whole or part
a if the Bidder fails to deliver any or all of the Goods within the
period(s) specified in the Contract or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 21 or
b if the Bidder fails to perform any other obligation(s) under the
Contract
c If the Bidder in the judgement of the Purchaser has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract
For the purpose of this Clause
ldquoCorrupt practicerdquo means the offering giving receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution
ldquofraudulent practicerdquo means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition
232 In the event the Purchaser terminates the Contract in whole or
in part pursuant to GCC Clause 231 the Purchaser may procure
upon such terms and in such manner as it deems appropriate Goods
or Services similar to those undelivered and the Bidder shall be
liable to the Purchaser for any excess costs for such similar Goods or
Services However the Bidder shall continue the performance of the
Contract to the extent not terminated
24 Force Majeure
241 Not with standing the provisions of GCC Clauses 21 22 23 the
Bidder shall not be liable for forfeiture of its performance security
liquidated damages or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
BIOMETHANATION PLANT
xiv
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
SECTION IV SPECIAL CONDITIONS OF CONTRACT
Special Conditions of Contract
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (Clause 27)
7 Notices (Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligations
12 Patent Rights
SECTION V SCHEDULE OF REQUIREMENTS
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
Annexure-1- Plant proposed
Annexure- 2 Other conditions
SECTION VII QUALIFICATION CRITERIA
SECTION VIII TENDER FORM
SECTION IX PRICE SCHEDULE FORMAT
SECTION X CONTRACT FORM
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
SECTION XII-Proforma for Performance Statement of Bidder
1
SECTION I INVITATION FOR TENDERS (IFT)
Date
No
The Ahmednagar Municipal Corporation (AMC) invites tenders from eligible tenderers for ldquoDesign supply installation erection
commissioning of Two Biomethanation plant of 5 TPD each
capacity with operation amp maintenance for 1 YEAR at Burudgaon
Depo Ahmednagarrdquo (place may be chamged as per necessory)
1 The tenderers shall submit tender for all the works under this
contract Part bidding of tender is not allowed
2 The Tender document is available online from e-portal and
bids are to be submitted online through the e-procurement portal
httpamcmaharashtraetendersin Bids submitted manually will
not be accepted One can view and download the tenders published
currently by logging on to httpamcmaharashtraetendersin
For submission of the bids the bidders are required to have Digital
Signature Certificate (DSC) from one of the authorized Certifying
Authorities as detailed in the website
31 Aspiring bidders who have not obtained the User ID and
Password for participating in e-tendering may obtain the same by
registering in the website The contractors once registered can
participate in any of the department tenders
32 The bidding is a single stage two cover system ie- two cover
system (First Cover (Technical) and Second Cover (Financial)) and
Operator to be selected on Least Cost Selection (LCS)
3 Bidders are required to pay online the tender processing fee as
detailed in the website
Note (The non-refundable Tender processing fee details is available
on the e-procurement website)
4 A Pre-bid Meeting will be held at the Office of ldquoCommissioner
Ahmednagar Municipal Corporationrdquo to clarify the issues and to
2
answer questions on any matter that may be raised at that stage as
stated in Clause 92 of lsquoInstructions to Biddersrsquo of the bidding
document
5 The last Date and time for receipt of bids through the e-
tendering portal httpamcmaharashtraetendersin and will be
opened as per e-portal from the last date and time of receipt of bids
If the office happens to be closed on the date of opening of the bids as
specified the bids will be opened on the next working day at the
same time and venue
6 Other details can be seen in the bidding documents
Note
The Employer shall not be held liable for any delays due to system
failure beyond its control Even though the system will attempt to
notify the bidders of any bid updates The Employer shall not be
liable for any information not received by the bidder It is the
biddersrsquo responsibility to verify the website for the latest information
related to the tender The bidder is required to ensure browser
compatibility of the computer well in advance to the last date and
time for receipt of the tenders The department shall not be
responsible for non-accessibility of e-procurement portal due to
internet connectivity issues and technical glitches
3
SECTION II INSTRUCTION TO TENDERERS
A Introduction
1 Eligible Tenderers
11 The tender is open to all bidders who satisfy the qualification
criteria
12 The tenderer should be a registered legal entity Joint ventures
are allowed
13 Tenderers should not be associated or have been associated in
the past directly or indirectly with a firm or any of its affiliates
which have been engaged by the Purchaser to provide consulting
services for the preparation of the design specifications and other
documents to be used for the procurement of the goods to be
purchased under this Invitation of Tenders
14 Tenderers shall not be under a declaration of ineligibility for
corrupt and fraudulent practices issued by Government of
Maharashtra or India
2 Cost of Tendering
21 The Tenderer shall bear all costs associated with the
preparation and submission of its tender and AMC hereinafter
referred to as the Purchaser will in no case be responsible or liable
for these costs regardless of the conduct or outcome of the tender
process
B The Tender Documents
3 Contents of Tender Documents
31 The goods required tendering procedures and contract terms
are prescribed in the tender documents In addition to the Invitation
for Tenders the tender documents include
a Instruction to Tenderers (ITT)
b General Conditions of Contract (GCC)
c Special Conditions of Contract (SCC)
d Schedule of Requirements
4
e Technical Specifications
f Tender Form and Price Schedules
g Earnest Money Deposit Form
h Contract Form
i Performance Security Form
j Performance Statement Form
32 The Tenderer is expected to examine all instructions forms
terms and specifications in the tender documents Failure to furnish
all information required by the tender documents or submission of a
tender not substantially responsive to the tender documents in every
respect will be at the Tendererrsquos risk and may result in rejection of its
tender
4 Clarification of Tender Documents
41 The electronic bidding system provides for online
clarifications A prospective tenderer requiring any clarification may
notify online the authority inviting the bid The authority-inviting bid
will respond to any request(s) for clarification received in writing up
to pre-bid meeting Description of clarification sought and the
response of the authority inviting the bid will be uploaded for
information of the public or other bidders without identifying the
source of request for clarification
The Tenderer or his official representative is invited to attend a pre-
bid meeting which will take place at the office of the ldquoCommissioner
Ahmednagar Municipal Corporationrdquo
42 The purpose of the meeting will be to clarify issues and to
answer questions on any matter that may be raised at that stage
43 The Tenderer is requested to submit any questions in written
addressed to the commissioner Ahmednagar Municipal Corporation
not later than day of pre-bid meeting
44 Minutes of the meeting including the text of the questions
raised (without identifying the source of enquiry) and the responses
given will be uploaded on the website
httpamcmaharashtraetendersin Any modification of the
5
bidding documents which may become necessary as a result of the
pre-bid meeting shall be made by the Purchaser exclusively through
the issue of an Addendum in pursuant to Clause 5 of IT Band
45 Non-attendance at the pre-bid meeting will not be a cause for
disqualification of a bidder
5 Amendment of Tender Documents (l)
51 At any time prior to the deadline for submission of tenders the
Purchaser may for any reason whether at its own initiative or in
response to a clarification requested by a prospective tenderer
modify the tender documents by amendment
52 The addendum will appear on the web page of the website
httpamcmaharashtraetendersin
53 In order to allow prospective tenderers reasonable time in
which to take the amendment into account in preparing their
tenders the Purchaser at its discretion may extend the deadline for
the submission of tenders
C Preparation of Tenders
6 Language of Tender
61 The tender prepared by the Tenderer as well as all
correspondence and documents relating to the tender exchanged by
the Tenderer and the Purchaser shall be written in English language
Supporting documents and printed literature furnished by the
Tenderer may be in another language provided they are
accompanied by an accurate translation of the relevant passages in
the English language in which case for purposes of interpretation of
the Tender the translation shall govern
7 Documents Constituting the Tender
a Technical Cover
The bidding is a single stage two cover system (First Cover
(Technical) and Second Cover (Financial)) and Successful Bidder to
be selected on Least Cost Selection (LCS) The bidder shall attach the
detailed technical specification of the machines proposed by him in
6
the technical bid The bidder shall attach the flow chart and detailed
proposed Biomethnation plant in the technical bid
The technical proposal will be evaluated and the proposal which are
found technically sound and satisfy other eligibility criteria shall be
called for presentation before the committee If committee finds the
offer technically viable the bidder shall be technically qualified
71 While preparing the Technical Tender Operator is expected to
examine the documents comprising this bid document Material
deficiencies in providing the information requested may result in
rejection of a tender The tender prepared by the Tenderer shall
comprise the following components
a) Documentary evidence established in accordance with ITT
Clause 11 that the Tenderer is eligible to tender and is qualified to
perform the contract if its tender is accepted
b) Documentary evidence established in accordance with ITT
Clause 12 that the goods and ancillary services to be supplied by the
Tenderer are eligible goods and services and conform to the tender
documents and
c) Earnest money deposit furnished in accordance with ITT
Clause 13
8 Tender Form
81 The Tenderer shall complete the Tender Form and the Price
Schedule furnished in the tender documents indicating the goods to
be supplied a brief description of the Design Supply Installation
Erection commissioning and Operation amp Maintenance of Municipal
Solid Waste Treatment Equipmentrsquos and Machineries their country of
origin quantity and prices
b Financial Cover
9 Tender Prices
91 The Tenderer shall indicate on the Price Schedule of the unit
prices and total tender prices of the Design supply installation
7
erection commissioning of Two Biomethanation plant of 5 TPD each
capacity with operation amp maintenance for 1 YEAR at Burudgaon
Depo Ahmednagar
92 Tenderers shall quote for the complete requirement of
processing machinery with vehicles goods and services specified
under single responsibility basis The least bidder shall be awarded
the work
93 Prices indicated on the Price Schedule shall be inclusive of the
following
(i) The price of the goods and services quoted (proposed
Biomethanation Plant including Design Supply Installation erection
commissioning and Operation amp Maintenance as applicable) shall
include all duties and sales and other taxes already paid or payable
by the tenderer
(ii) Any duties sales and other taxes which will be payable on the
goods shall be borne by the contractor if this Contract is awarded
(iii) The price for inland transportation insurance and other local
costs incidental to delivery of the goods to their final destination and
(iv) Cost towards erection and commissioning at site including
foundation
94 Prices quoted by the Tenderer shall be fixed during the
Tendererrsquos performance of the Contract and not subject to variation
on any account A tender submitted with an adjustable price
quotation will be treated as non- responsive and rejected pursuant
to ITT Clause 22
10 Tender Currency
101 Prices shall be quoted in Indian Rupees
11 Documents Establishing Tenderers Eligibility and
Qualifications
111 Pursuant to ITT Clause 7 the Tenderer shall furnish as part of
its Tender documents establishing the Tendererrsquos eligibility to
8
tender and its qualifications to perform the Contract if its tender is
accepted
112 The documentary evidence of the Tenderers qualifications to
perform the Contract if its tender is accepted shall establish to the
Purchasers satisfaction
a) That the average financial turnover of the bidder is 1 crore
in last 3 financial years
b) That The tenderer must have experience of Supply
installation and Commissioning of at least one Bio methanation
plant of 5 TPD capacity in India within last 1 years
Or
b) The bidder must have technology transfer agreement with
BARC (Bhabha Atomic Research Center ) for Biomethanation
plant
Bidder are required to submit Work order copies and
ExecutionCompletion Certificate Technology Transfer Certificate
from BARC AMC may call for original certificates for verification
12 Documents Establishing Goods Eligibility and Conformity
to Tender Documents
121 Pursuant to ITB Clause 7 the Tenderer shall furnish as part of
its tender documents establishing the eligibility and conformity to
the tender documents of all goods and services which the tenderer
proposes to supply under the contract
122 The documentary evidence of conformity of the goods and
services to the tender documents may be in the form of literature
drawings and data and shall consist of
a) a detailed description of the proposed essential technical and
performance characteristics of the goods and machines
b) a list giving full particulars including available sources and
current prices of spare parts special tools etc necessary for the
9
proper and continuing functioning of the goods for a period of one
years following commencement of the use of the goods by the
Purchaser and
c) an item-by-item commentary on the Purchasers Technical
Specifications demonstrating substantial responsiveness of the goods
and services to those specifications or a statement of deviations and
exceptions to the provisions of the Technical Specifications
123 For purposes of the commentary to be furnished pursuant to
ITT Clause 122(c) above the Tenderer shall note that standards for
workmanship material and equipment and references to brand
names or catalogue numbers designated by the Purchaser in its
Technical Specifications are intended to be descriptive only and not
restrictive The Tenderer may substitute alternative standards brand
names andor catalogue numbers in its tender provided that it
demonstrates to the Purchasers satisfaction that the substitutions
ensure substantial equivalence to those designated in the Technical
Specifications
13 Earnest Money Deposit
131 Pursuant to ITT Clause 7 the Tenderer shall furnish as part of
its tender earnest money deposit in the amount as specified in
Section-V - Schedule of Requirements
132 The earnest money deposit is required to protect the Purchaser
against the risk of Tenderers conduct which would warrant the
securitys forfeiture pursuant to ITB Clause 137
133 The earnest money deposit shall be denominated in Indian
Rupees and shall be paid online only on the portal
134 Any tender not secured in accordance with ITT Clauses 131
and the Purchaser as non-responsive pursuant to ITT Clause 22 will
reject 133 above
135 Unsuccessful Tenderers earnest money deposit will be
dischargedreturned as promptly as possible but not later than 30
days after the expiration of the period of tender validity prescribed
by the Purchaser pursuant to ITT Clause 14
10
136 The successful Tenderers earnest money deposit will be
discharged upon the Tenderer signing the Contract pursuant to ITT
Clause 30 and furnishing the performance security pursuant to ITB
Clause 31
137 The tender security may be forfeited
(a) if a Tenderer (i) withdraws its tender during the period of
tender validity specified by the Tenderer on the Tender Form or (ii)
does not accept the correction of errors pursuant to ITT Clause 222
or
(b) in case of a successful Tenderer if the Tenderer fails (i) to sign
the Contract in accordance with ITT Clause 30 or (ii) to furnish
performance security in accordance with ITT Clause 31
14 Period of Validity of Tenders
141 Tenders shall remain valid for 120 days after the deadline for
submission of tenders prescribed by the Purchaser pursuant to ITT
Clause 17 A tender valid for a shorter period shall be rejected by the
Purchaser as non-responsive
142 In exceptional circumstances the Purchaser may solicit the
Tenderers consent to an extension of the period of validity The
request and the responses thereto shall be made in writing (or by
cable or telex or fax) The earnest money deposit provided under ITT
Clause 13 shall also be suitably extended A Tenderer may refuse the
request without forfeiting its earnest money deposit A Tenderer
granting the request will not be required nor permitted to modify its
tender
15 Format and Signing of Tender
151 Bidders shall submit offers that comply with the requirements
of the bidding documents including the basic technical design as
indicated in the drawing and specifications Alternatives will not be
considered
11
D Submission of Bids
16 Bidding through E-Tendering System
161 The tendering under this contract is electronic bid submission
through website httpamcmaharashtraetendersin Detailed
guidelines for viewing bids and submission of online bids are given
on the website The Invitation for Tenders is published on this
website Any citizen or prospective tenderer can logon to this
website and view the Invitation for Tenders and can view the details
of works for which bids are invited The prospective tenderer can
submit tenders online however the bidder is required to have
enrolmentregistration in the website and should have valid Digital
Signature Certificate (DSC) The DSC can be obtained from any
authorized certifying agencies The tenderer should register in the
web site httpamcmaharashtraetendersin After this the
tenderer can login the site through the secured login Bidders are
requested to go through the bid documents carefully and submit the
required information without exception otherwise bids will be
rejected
162 The completed tender should be uploaded on the website
given above through e-tendering along with scanned copies of
requisite certificates as are mentioned in different sections in the
bidding document and scanned copy of the Bid Security No financial
quote shall be uploaded as part of the Technical Bid
163 The bidder shall submit online the requirements under
qualification criteria and Technical and Financial parts The contents
of the Post Qualification and Technical and Financial bid shall be as
specified in ITT After electronic on line bid submission the system
generates a unique bid reference number which is time stamped
This shall be treated as acknowledgement of bid submission
17 Deadline for Submission of the Bids
171 Bids must be received by the Employer online not later than
the due date as specified in the online portal
172 The Employer may extend the deadline for submission of bids
by issuing an amendment in accordance with Clause 5 in which case
12
all rights and obligations of the Employer and the bidders previously
subject to the original deadline will then be subject to the new
deadline
18 Late Bids
181 The electronic bidding system would not allow any late
submission of bids after due date and time as per server time
19 Modification and Withdrawal of Bids
191 Tenderers may modify their bids online before the deadline
prescribed in Clause 17 for bid modification and consequential re-
submission
192 No tenders may be modified after the deadline for submission
of Bids
193 Withdrawal or modification of a tender between the deadline
for submission of tender and the expiration of the original period of
bid validity specified in Clause 141 above or as extended pursuant to
Clause 142 is not allowed in the e-procurement system If a tenderer
does the same through any other medium then it may result in the
forfeiture of the Tender security pursuant to Clause 137
E Tender Opening and Evaluation of Tenders
20 Opening of Tenders by the Purchaser
201 The Purchaser will open all the Technical Cover in the
presence of Tenderersrsquo representatives who choose to attend as per
e-portal
The Tendererrsquos representatives who are present shall sign a register
evidencing their attendance In the event of the specified date of
Tender opening being declared a holiday for the Purchaser the
tenders shall be opened at the appointed time and location on the
next working day
202 The Tendererrsquos names tender modifications or withdrawals
tender prices discounts and the presence or absence of requisite
tender security and such other details as the Purchaser at its
discretion may consider appropriate will be announced at the
opening No tender shall be rejected at tender opening except for late
13
tenders which shall be returned unopened to the Tenderer pursuant
to ITT Clause 18
203 Tenders (and modifications sent pursuant to ITT Clause 192)
that are not opened and read out at tender opening shall not be
considered further for evaluation irrespective of the circumstances
204 The Purchaser will prepare minutes of the tender opening The
Financial Bid of the successful bidders only will be opened after
completion of technical bid evaluation
21 Clarification of Tenders
During evaluation of tenders the Purchaser may at its discretion ask
the Tenderer for a clarification of its tender The request for
clarification and the response shall be in writing and no change in
prices or substance of the tender shall be sought offered or
permitted
22 Preliminary Examination
221 The Purchaser will examine the technical bid to determine
whether they are complete whether required sureties have been
furnished and whether the tenders are generally in order
2211 The evaluation committee appointed by the Employer as
a whole and each of its members individually will evaluate the
Technical Bids on the basis of their responsiveness to the ITB A Bid
shall be rejected at this stage if it does not respond to important
aspects of the Bid Document
222 After the evaluation of technical Bid is completed the
Purchaser shall notify those bidders whose Bids meet the
qualification criteria as detailed in Section VII or were considered
responsive to the bid document indicating that the presentation has
to be made by their company After presentation by the company the
committee members or the person authorized by the commissioner
may visit the plant established by the bidder The bidder to whom the
committee is satisfied with the documents and the presentation and
the site visit if required will be informed as technically qualified
bidders
14
223 The financial bid opening date shall not be informed to the
technically disqualified bidders
2231 The Financial Cover shall be opened publicly in the
presence of the bidders representatives who choose to attend The
bid opening shall be online only
2232 The evaluation committee will determine whether the
Financial Bids are complete correct any computational errors
Arithmetical errors will be rectified on the following basis If there is
a discrepancy between the unit price and the total price that is
obtained by multiplying the unit price and quantity the unit price
shall prevail and the total price shall be corrected If there is a
discrepancy between words and figures the lower of the two will
prevail If the Bidder does not accept the correction of errors its
tender will be rejected and its tender security may be forfeited
2233 All necessary civil work and other related works for
Biomethanation plant is to be done by the successful bidder AMC
shall provide the land road upto the plant site electric connection
upto the plant site AMC shall provide approximately 5 TPD non-veg
organic waste and 5 TPD organic (Veg) waste as feed for each
seperate plant
2234 During the contract period and always the processing
plant machines land and civil works shall be the property of AMC At
the time of handover of the plant to AMC the contractor shall
handover the plant in good running condition If it is found that the
plant is inoperative or needs any repairs and maintenance the
contractor should either repair it to satisfaction of the AMC or if AMC
get it done by its own resources the amount shall be deducted from
the performance security deposit submitted by the contractor
2235 This biding is called for Burudgaon Depo location The
selection procedure of the successful bidder shall be as under
a Whereas successful bidder shall be the bidder quoting lowest for
the Supply Installation Erection commissioning and Operation amp
Maintenance of Municipal Solid Waste Treatment Equipmentrsquos and
Machineries (L-1)
15
b The cost of the MSW Plant and allied accessories for operation
of the plant quoted by the bidder shall be paid by the AMC as per the
payment schedule given in the tender document The value of the
processing plant and allied accessories wit OampM quoted by the
bidder shall be the sole bidding criteria for the tender
c The successful contractor shall not be paid any kind tipping
fees for operating the plant The contractor shall sell the products
(GasElectricitycompostothers) recovered from the processing of
the waste to recover the operation and maintenance cost and the
profits
224 Term of Contract
The term of the contract shall be 1 YEAR and can be renewed for a
similar term if the performance of the contractor is satisfactory
225 Scope of Work
The scope of the work shall be processing of the 5 + 5 TPD waste for
each site (two sites)received at site The rejects from the processing
should not be more than 15 of the total waste The rejects shall be
kept at one side of the site from where the CampT contractor shall lift
the waste and transport it to landfill site
226 Prior to the detailed evaluation pursuant to ITB Clause 23 the
Purchaser will determine the substantial responsiveness of each
tender to the tender documents For purposes of these Clauses a
substantially responsive tender is one which conforms to all the
terms and conditions of the tender documents without material
deviations Deviations from or objections or reservations to critical
provisions such as those concerning Performance Security (GCC
Clause 6) Warranty (GCC Clause 14) Force Majeure (GCC Clause 24)
Limitation of liability (GCC Clause 28) Applicable law (GCC Clause
30) and Taxes amp Duties (GCC Clause 32) will be deemed to be a
material deviation The Purchasers determination of a tenders
responsiveness is to be based on the contents of the tender itself
without recourse to extrinsic evidence
16
227 If a tender is not substantially responsive it will be rejected by
the Purchaser and may not subsequently be made responsive by the
Tenderer by correction of the non-conformity
23 Evaluation and Comparison of Tenders
231 The Purchaser will evaluate and compare the tenders which
have been determined to be substantially responsive pursuant to ITT
Clause 22 for each schedule separately No tender will be considered
if the complete requirements covered in the schedule is not included
in the tender However as stated in ITT Clause 9 The tenderer shall
quote his final prices taken into account all discounts
24 Contacting the Purchaser
241 Subject to ITT Clause 21 no Tenderer shall contact the
Purchaser on any matter relating to its tender from the time of the
tender opening to the time the Contract is awarded If the tenderer
wishes to bring additional information to the notice of the purchaser
it should do so in writing
242 Any effort by a Tenderer to influence the Purchaser in its
decisions on tender evaluation tender comparison or contract award
may result in rejection of the Tenderers tender
F Award of Contract
25 Post qualification
251 In the absence of prequalification the Purchaser will determine
to its satisfaction whether the Tenderer that is selected as having
submitted the lowest evaluated responsive tender meets the criteria
specified in ITT Clause 112 (b) and is qualified to perform the
contract satisfactorily
252 The determination will take into account the Tenderers
financial technical and production capabilities It will be based upon
an examination of the documentary evidence of the Tenderers
qualifications submitted by the Tenderer pursuant to ITT Clause 11
as well as such other information as the Purchaser deems necessary
and appropriate
26 Award Criteria
17
261 Subject to ITT Clause 28 the Purchaser will award the Contract
to the successful Tenderer whose tender has been determined to be
substantially responsive and has been determined as the lowest
evaluated tender provided further that the Tenderer is determined
to be qualified to perform the Contract satisfactorily
27 Right to vary Quantities
271 The contractor shall have to erect the machines proposed by
him in the technical bid and presentation However during the
contract duration for better performance of the processing plant the
contractor shall be free to add the machines vehicles and civil works
at no cost to AMC The contractor shall not be allowed to sell the
installed machines as AMC has already paid the contractor for the
machines and ownership of the machines always lies with the AMC
28 Purchasers Right to Accept Any Tender and to Reject Any
or All Tenders
281 The Purchaser reserves the right to accept or reject any tender
and to annul the tendering process and reject all tenders at any time
prior to contract award without thereby incurring any liability to the
affected Tenderer or Tendererrsquos
29 Notification of Award
291 Prior to the expiration of the period of tender validity the
Purchaser will notify the successful tenderer in writing by registered
letter or by cabletelex or fax to be confirmed in writing by
registered letter that its tender has been accepted
292 The notification of award will constitute the formation of the
Contract
293 Upon the successful Tenderers furnishing of performance
security pursuant to ITT Clause 31 the Purchaser will promptly
notify the name of the winning Tenderer to each unsuccessful
Tenderer and will discharge its earnest money deposit pursuant to
ITT Clause 13
30 Signing of Contract
18
301 At the same time as the Purchaser notifies the successful
tenderer that its tender has been accepted the Purchaser will send
the Tenderer the Contract Form provided in the tender documents
incorporating all agreements between the parties
302 Within 21 days of receipt of the Contract Form the successful
Tenderer shall sign and date the Contract and return it to the
Purchaser
31 Performance Security
311 Within 21 days of the receipt of notification of award from the
Purchaser the successful Tenderer shall furnish the performance
security of 3 of the cost of the machines and equipments
quoted by him The performance security shall be in form of Bank
guarantee 2 payment shall be deducted from each payment which
will make the total performance security to 5 The performance
security shall be released at the end of the contract period
312 Failure of the successful Tenderer to comply with the
requirement of ITT Clause 302 or ITT Clause 311 shall constitute
sufficient grounds for the annulment of the award and forfeiture of
the earnest money deposit in which event the Purchaser may make
the award to the next lowest evaluated Tenderer or call for new
tenders
32 Corrupt or Fraudulent Practices
321 The Government requires that Tendererrsquos Bidders
Contractors observe the highest standard of ethics during the
procurement and execution of Government financed contracts In
pursuance of this policy the Government
(a) defines for the purposes of this provision the terms set forth
as follows
(i) ldquocorrupt practicerdquo means the offering giving receiving or
soliciting of any thing of value to influence the action of a public
official in the procurement process or in contract execution and
(ii) ldquofraudulent practicerdquo means a misrepresentation of facts in
order to influence a procurement process or the execution of a
contract to the detriment of the Government and includes collusive
19
practice among Tenderers (prior to or after tender submission)
designed to establish tender prices at artificial non-competitive
levels and to deprive the Government of the benefits of free and open
competition
(b) will reject a proposal for award if it determines that the
Tenderer recommended for award has engaged in corrupt or
fraudulent practices in competing for the contract in question
(c) will declare a firm ineligible either indefinitely or for a stated
period of time to be awarded a Government financed contract if it at
any time determines that the firm has engaged in corrupt or
fraudulent practices in competing for or in executing a Government-
financed contract
322 Furthermore Tenderers shall be aware of the provision stated
in sub-clause 44 and sub-clause 231 of the General Conditions of
Contract
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
Clause Number Topic
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information
Inspection and Audit by Government
5 Patent Rights
6 Performance Security
7 Inspection and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
20
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
21
General Conditions of Contract
1 Definitions
11 In this Contract the following terms shall be interpreted as
indicated
a The Contract means the agreement entered into between the
Purchaser and the Bidder as recorded in the Contract Form signed
by the parties including all the attachments and appendices thereto
and all documents incorporated by reference therein
b The Contract Price means the price payable to the Bidder
under the Contract for the full and proper performance of its
contractual obligations
c The Goods means all the equipment machinery andor other
materials which the Bidder is required to supply to the Purchaser
under the Contract
d Services means services ancillary to the supply of the Goods
such as transportation and insurance and any other incidental
services such as installation commissioning provision of technical
assistance training and other obligations of the Bidder covered
under the Contract
e ldquoGCCrdquo means the General Conditions of Contract contained in
this section
f ldquoSCCrdquo means the Special Conditions of Contract
g ldquoThe Purchaserrdquo means the organization purchasing the Goods
as named in SCC
h ldquoThe Purchaserrsquos countryrdquo is the country named in SCC
i ldquoThe Bidderrdquo means the individual or firm supplying the Goods
and Services under this Contract
j ldquoThe Governmentrdquo means the Government of Maharashtra
State
k ldquoThe Project Siterdquo where applicable means the place or places
named in SCC
l ldquoDayrdquo means calendar day
2 Application
22
21 These General Conditions shall apply to the extent that
provisions in other parts of the Contract do not supersede them
3 Standards
31 The Goods and machines supplied under this Contract shall
conform to the standards mentioned in the Technical Specifications
given in the technical bid of the bidder and when no applicable
standard is mentioned to the authoritative standard appropriate to
the Goods country of origin and such standards shall be the latest
issued by the concerned institution
4 Use of Contract Documents and Information Inspection
and Audit by the Government
41 The Bidder shall not without the Purchasers prior written
consent disclose the Contract or any provision thereof or any
specification plan drawing pattern sample or information furnished
by or on behalf of the Purchaser in connection therewith to any
person other than a person employed by the Bidder in performance
of the Contract Disclosure to any such employed person shall be
made in confidence and shall extend only so far as may be necessary
for purposes of such performance
42 The Bidder shall not without the Purchaserrsquos prior written
consent make use of any document or information enumerated in
GCC Clause 41 except for purposes of performing the contract
43 Any document other than the Contract itself enumerated in
GCC Clause 41 shall remain the property of the Purchaser and shall
be returned (in all copies) to the Purchaser on completion of the
Bidderrsquos performance under the Contract if so required by the
Purchaser
44 The Bidder shall permit the Government to inspect the Bidderrsquos
accounts and records relating to the performance of the Bidder and
to have them audited by auditors appointed by the Government if so
required by the Government
5 Patent Rights
23
51 The Bidder shall indemnify the Purchaser against all third-
party claims of infringement of patent trademark or industrial
design rights arising from use of the Goods or any part thereof in
India
6 Performance Security
61 Within 21 days of receipt of the notification of contract award
the Bidder shall furnish Performance Security to the Purchaser for an
amount of 5 of the Contract Value valid up to 30 days after the date
of completion of Contract
62 The proceeds of the performance security shall be payable to
the Purchaser as compensation for any loss resulting from the
Bidderrsquos failure to complete its obligations under the Contract
63 The Performance Security shall be denominated in Indian
Rupees and shall be in one of the following forms
a) A Bank guarantee issued by a NationalizedScheduled bank in
the form provided in the tender documents or another form
acceptable to the Purchaser or
b) Crossed demand draft or pay order drawn in favor of the
Purchaser or
64 The Performance Security will be discharged by the Purchaser
and returned to the Bidder not later than 60 days following the date
of completion of the Bidderrsquos performance obligations including any
Warranty obligations under the Contract
7 Inspections and Tests
71 The Purchaser or its representative shall have the right to
inspect andor to test the Goods to confirm their conformity to the
Contract specifications at no extra cost to the Contractor
72 The contractor shall conduct third party inspection from any of
the inspection agency approved by Government of India The cost of
the inspection should be paid by the contractor and no
reimbursement shall be made by AMC for the inspection The
inspection shall be done on the basis of the technical bid submitted
by the tenderer or the approved machines and drawings by AMC
24
73 The inspections and tests may be conducted on the premises of
the Bidder or its subcontractor(s) at point of delivery andor at the
Goods final destination If conducted on the premises of the Bidder or
its subcontractor(s) all reasonable facilities and assistance including
access to drawings and production data - shall be furnished to the
inspectors at no charge to the Purchaser
74 Should any inspected or tested Goods fail to conform to the
specifications the Purchaser may reject the goods and the Bidder
shall either replace the rejected Goods or make alterations necessary
to meet specification requirements free of cost to the Purchaser
75 The Purchasers right to inspect test and where necessary
reject the Goods after the Goods arrival at Project Site shall in no
way be limited or waived by reason of the Goods having previously
been inspected tested and passed by the Purchaser or its
representative prior to the Goods shipment
76 Nothing in GCC Clause 7 shall in any way release the Bidder
from any warranty or other obligations under this Contract
77 Manuals and Drawings
771 Before the goods and equipment are taken over by the
Purchaser the Bidder shall supply operation and maintenance
manuals together with drawings of the goods and equipment These
shall be in such detail as will enable the Purchaser to operate
maintain adjust and repair all parts of the equipment as stated in the
specifications
772 The manuals and drawings shall be in the ruling language
(English) and in such form and numbers as stated in the contract
773 Unless and otherwise agreed the goods and equipment shall
not be considered to be completed for the purpose of taking over
until such manuals and drawings have been supplied to the
Purchaser
8 Packing
25
81 The packing of the goods may not be required however the
documents like operational manual and list of equipments shall be
submitted in two copies in booklet form
9 Delivery and Documents
91 Delivery of the Goods shall be made by the Bidder in
accordance with the terms specified by the Purchaser in the
Notification of Award The bills for the machines shall be submitted
in duplicate The bills for only those equipment will be accepted
whose delivery at site has been done by the bidder
10 Insurance
101 It will the responsibility of the contractor that the Goods and
machines supplied under the Contract shall be fully insured by the
contractor in Indian Rupees against loss or damage incidental to
manufacture or acquisition transportation storage and delivery for
complete duration of the contract For delivery of goods at site the
insurance shall be obtained by the Bidder in an amount equal to
110 of the value of the goods from ldquowarehouse to warehouserdquo
(final destinations) on ldquoAll Risksrdquo basis including War risks and
Strikes
11 Transportation
111 Where the Bidder is required under the Contract to transport
the Goods to a specified place of destination within India defined as
Project site the Bidder as shall be specified in the Contract shall
arrange transport to such place of destination in India including
insurance and the related cost shall be included in the Contract Price
12 Incidental Services
121 The Bidder may be required to provide any or all of the
following services including additional services if any specified in
SCC
a performance or supervision of the on-site assembly andor
start-up of the supplied Goods
b furnishing of tools required for assembly andor maintenance
of the supplied Goods
26
c furnishing of detailed operations and maintenance manual for
each appropriate unit of supplied Goods
d performance or supervision or maintenance andor repair of
the supplied Goods for a period of time agreed by the parties
provided that this service shall not relieve the Bidder of any
warranty obligations under this Contract and
e training of the Purchasers personnel at the Bidderrsquos plant
andor on-site in assembly start-up operation maintenance andor
repair of the supplied Goods
f detailed specifications of each equipment in detail to be
provided
g arrangement of required vehicles and implements for loading
amp unloading of Equipment at Facilities and other required infra for
assembling of equipment
122 Prices charged by the Bidder for incidental services if not
included in the Contract Price for the Goods shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates
charged to other parties by the Bidder for similar services
13 Spare Parts
131 As specified in the SCC the contractor shall be required to
provide any or all of the materials and spare parts at no cost to AMC
132 The Bidder shall carry sufficient inventories to assure ex-stock
supply of consumable spares for the Goods such as gaskets plugs
washers belts etc
14 Warranty
141 The Bidder warrants that the Goods supplied under this
Contract are new unused of the most recent or current models and
that they incorporate all recent improvements in design and
materials unless provided otherwise in the Contract The Bidder
further warrants that all Goods supplied under this Contract shall
have no defect arising from design materials or workmanship
(except when the design andor material is required by the
Purchasers Specifications) or from any act or omission of the Bidder
that may develop under normal use of the supplied Goods in the
conditions prevailing in the country of final destination
27
142 This warranty shall remain valid for 12 months after all the
sections of the entire plant have been delivered and successfully
commissioned and desired outputs are achieved as indicated in the
Contract Although section wise commissioning is proposed the
warranty will come into effect only after completion of all the
sections The Bidder shall in addition comply with the performance
andor consumption guarantees specified under the Contract If for
reasons attributable to the Bidder these guarantees are not attained
in whole or in part the Bidder shall at its discretion either
a make such changes modifications andor additions to the
Goods or any part thereof as may be necessary in order to attain the
contractual guarantees specified in the Contract at its own cost and
expense and to carry out further performance tests in accordance
with SCC Clause 2 OR
b pay liquidated damages to the Purchaser with respect to the
failure to meet the contractual guarantees The rate of these
liquidated damages shall be as specified in the Technical
Specifications
143 If the Bidder having been notified fails to remedy the defect(s)
within 15 days the Purchaser may proceed to take such remedial
action as may be necessary at the Bidderrsquos risk and expense and
without prejudice to any other rights which the Purchaser may have
against the Bidder under the Contract
15 Payment
151 The method and conditions of payment to be made to the
Bidder under this Contract shall be specified in the SCC
152 The Bidderrsquos request(s) for payment shall be made to the
Purchaser in writing accompanied by an invoice describing as
appropriate the Goods delivered and the Services performed and by
documents submitted pursuant to GCC Clause 9 and upon fulfillment
of other obligations stipulated in the contract
153 Payments shall be made promptly by the Purchaser but in no
case later than thirty (30) days after submission of the invoice or
claim by the Bidder
28
154 Payment shall be made in Indian Rupees
16 Prices
161 Prices payable to the Bidder as stated in the contract shall be
firm during the performance of the contract
17 Change Orders
171 The Purchaser may at any time by written order given to the
Bidder pursuant to GCC Clause 31 make changes within the general
scope of the Contract in any one or more of the following
a drawings designs or specifications where Goods to be
furnished under the Contract are to be specifically manufactured for
the Purchaser
b the Services to be provided by the Bidder
172 If any such change causes an increase or decrease in the cost of
or the time required for the Bidderrsquos performance of any provisions
under the Contract an equitable adjustment shall be made in the
Contract Price or delivery schedule or both and the Contract shall
accordingly be amended Any claims by the Bidder for adjustment
under this clause must be asserted within thirty (30) days from the
date of the Bidderrsquos receipt of the Purchasers change order
18 Contract Amendments
181 Subject to GCC Clause 17 no variation in or modification of the
terms of the Contract shall be made except by written amendment
signed by the parties
19 Assignment
191 The Bidder shall not assign in whole or in part its obligations
to perform under the Contract except with the Purchasers prior
written consent
20 Subcontracts
201 Any subcontracting work should be done after confirmation of
the same from the AMC
21 Delays in the Bidderrsquos Performance
29
211 Delivery of the Goods and performance of the Services shall be
made by the Bidder in accordance with the time schedule specified
by the Purchaser in the Schedule of Requirements
212 If at any time during performance of the Contract the Bidder or
its sub-contractor(s) should encounter conditions impeding timely
delivery of the Goods and performance of Services the Bidder shall
promptly notify the Purchaser in writing of the fact of the delay its
likely duration and its cause(s) As soon as practicable after receipt of
the Bidderrsquos notice the Purchaser shall evaluate the situation and
may at its discretion extend the Bidderrsquos time for performance with
or without liquidated damages in which case the extension shall be
ratified by the parties by amendment of the Contract
213 Except as provided under GCC Clause 24 a delay by the Bidder
in the performance of its delivery obligations shall render the Bidder
liable to the imposition of liquidated damages pursuant to GCC
Clause 22 unless an extension of time is agreed upon pursuant to
GCC Clause 212 without the application of liquidated damages
22 Liquidated Damages
221 Subject to GCC Clause 24 if the Bidder fails to deliver any or all
of the Goods or to perform the Services within the period(s) specified
in the Contract the Purchaser shall without prejudice to its other
remedies under the Contract deduct from the Contract Price as
liquidated damages a sum equivalent to 2 of the delivered price of
the delayed Goods or unperformed Services for each week or part
thereof of delay until actual delivery or performance up to a
maximum deduction of 10 of the Contract Price Once the
maximum is reached the Purchaser may consider termination of the
Contract pursuant to GCC Clause 23 Liquidated Damages is applicable
only up to commission and trial run period and not applicable to AMC
phase of the Contract
23 Termination for Default
30
231 The Purchaser may without prejudice to any other remedy for
breach of contract by written notice of default sent to the Bidder
terminate the Contract in whole or part
a if the Bidder fails to deliver any or all of the Goods within the
period(s) specified in the Contract or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 21 or
b if the Bidder fails to perform any other obligation(s) under the
Contract
c If the Bidder in the judgement of the Purchaser has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract
For the purpose of this Clause
ldquoCorrupt practicerdquo means the offering giving receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution
ldquofraudulent practicerdquo means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition
232 In the event the Purchaser terminates the Contract in whole or
in part pursuant to GCC Clause 231 the Purchaser may procure
upon such terms and in such manner as it deems appropriate Goods
or Services similar to those undelivered and the Bidder shall be
liable to the Purchaser for any excess costs for such similar Goods or
Services However the Bidder shall continue the performance of the
Contract to the extent not terminated
24 Force Majeure
241 Not with standing the provisions of GCC Clauses 21 22 23 the
Bidder shall not be liable for forfeiture of its performance security
liquidated damages or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
1
SECTION I INVITATION FOR TENDERS (IFT)
Date
No
The Ahmednagar Municipal Corporation (AMC) invites tenders from eligible tenderers for ldquoDesign supply installation erection
commissioning of Two Biomethanation plant of 5 TPD each
capacity with operation amp maintenance for 1 YEAR at Burudgaon
Depo Ahmednagarrdquo (place may be chamged as per necessory)
1 The tenderers shall submit tender for all the works under this
contract Part bidding of tender is not allowed
2 The Tender document is available online from e-portal and
bids are to be submitted online through the e-procurement portal
httpamcmaharashtraetendersin Bids submitted manually will
not be accepted One can view and download the tenders published
currently by logging on to httpamcmaharashtraetendersin
For submission of the bids the bidders are required to have Digital
Signature Certificate (DSC) from one of the authorized Certifying
Authorities as detailed in the website
31 Aspiring bidders who have not obtained the User ID and
Password for participating in e-tendering may obtain the same by
registering in the website The contractors once registered can
participate in any of the department tenders
32 The bidding is a single stage two cover system ie- two cover
system (First Cover (Technical) and Second Cover (Financial)) and
Operator to be selected on Least Cost Selection (LCS)
3 Bidders are required to pay online the tender processing fee as
detailed in the website
Note (The non-refundable Tender processing fee details is available
on the e-procurement website)
4 A Pre-bid Meeting will be held at the Office of ldquoCommissioner
Ahmednagar Municipal Corporationrdquo to clarify the issues and to
2
answer questions on any matter that may be raised at that stage as
stated in Clause 92 of lsquoInstructions to Biddersrsquo of the bidding
document
5 The last Date and time for receipt of bids through the e-
tendering portal httpamcmaharashtraetendersin and will be
opened as per e-portal from the last date and time of receipt of bids
If the office happens to be closed on the date of opening of the bids as
specified the bids will be opened on the next working day at the
same time and venue
6 Other details can be seen in the bidding documents
Note
The Employer shall not be held liable for any delays due to system
failure beyond its control Even though the system will attempt to
notify the bidders of any bid updates The Employer shall not be
liable for any information not received by the bidder It is the
biddersrsquo responsibility to verify the website for the latest information
related to the tender The bidder is required to ensure browser
compatibility of the computer well in advance to the last date and
time for receipt of the tenders The department shall not be
responsible for non-accessibility of e-procurement portal due to
internet connectivity issues and technical glitches
3
SECTION II INSTRUCTION TO TENDERERS
A Introduction
1 Eligible Tenderers
11 The tender is open to all bidders who satisfy the qualification
criteria
12 The tenderer should be a registered legal entity Joint ventures
are allowed
13 Tenderers should not be associated or have been associated in
the past directly or indirectly with a firm or any of its affiliates
which have been engaged by the Purchaser to provide consulting
services for the preparation of the design specifications and other
documents to be used for the procurement of the goods to be
purchased under this Invitation of Tenders
14 Tenderers shall not be under a declaration of ineligibility for
corrupt and fraudulent practices issued by Government of
Maharashtra or India
2 Cost of Tendering
21 The Tenderer shall bear all costs associated with the
preparation and submission of its tender and AMC hereinafter
referred to as the Purchaser will in no case be responsible or liable
for these costs regardless of the conduct or outcome of the tender
process
B The Tender Documents
3 Contents of Tender Documents
31 The goods required tendering procedures and contract terms
are prescribed in the tender documents In addition to the Invitation
for Tenders the tender documents include
a Instruction to Tenderers (ITT)
b General Conditions of Contract (GCC)
c Special Conditions of Contract (SCC)
d Schedule of Requirements
4
e Technical Specifications
f Tender Form and Price Schedules
g Earnest Money Deposit Form
h Contract Form
i Performance Security Form
j Performance Statement Form
32 The Tenderer is expected to examine all instructions forms
terms and specifications in the tender documents Failure to furnish
all information required by the tender documents or submission of a
tender not substantially responsive to the tender documents in every
respect will be at the Tendererrsquos risk and may result in rejection of its
tender
4 Clarification of Tender Documents
41 The electronic bidding system provides for online
clarifications A prospective tenderer requiring any clarification may
notify online the authority inviting the bid The authority-inviting bid
will respond to any request(s) for clarification received in writing up
to pre-bid meeting Description of clarification sought and the
response of the authority inviting the bid will be uploaded for
information of the public or other bidders without identifying the
source of request for clarification
The Tenderer or his official representative is invited to attend a pre-
bid meeting which will take place at the office of the ldquoCommissioner
Ahmednagar Municipal Corporationrdquo
42 The purpose of the meeting will be to clarify issues and to
answer questions on any matter that may be raised at that stage
43 The Tenderer is requested to submit any questions in written
addressed to the commissioner Ahmednagar Municipal Corporation
not later than day of pre-bid meeting
44 Minutes of the meeting including the text of the questions
raised (without identifying the source of enquiry) and the responses
given will be uploaded on the website
httpamcmaharashtraetendersin Any modification of the
5
bidding documents which may become necessary as a result of the
pre-bid meeting shall be made by the Purchaser exclusively through
the issue of an Addendum in pursuant to Clause 5 of IT Band
45 Non-attendance at the pre-bid meeting will not be a cause for
disqualification of a bidder
5 Amendment of Tender Documents (l)
51 At any time prior to the deadline for submission of tenders the
Purchaser may for any reason whether at its own initiative or in
response to a clarification requested by a prospective tenderer
modify the tender documents by amendment
52 The addendum will appear on the web page of the website
httpamcmaharashtraetendersin
53 In order to allow prospective tenderers reasonable time in
which to take the amendment into account in preparing their
tenders the Purchaser at its discretion may extend the deadline for
the submission of tenders
C Preparation of Tenders
6 Language of Tender
61 The tender prepared by the Tenderer as well as all
correspondence and documents relating to the tender exchanged by
the Tenderer and the Purchaser shall be written in English language
Supporting documents and printed literature furnished by the
Tenderer may be in another language provided they are
accompanied by an accurate translation of the relevant passages in
the English language in which case for purposes of interpretation of
the Tender the translation shall govern
7 Documents Constituting the Tender
a Technical Cover
The bidding is a single stage two cover system (First Cover
(Technical) and Second Cover (Financial)) and Successful Bidder to
be selected on Least Cost Selection (LCS) The bidder shall attach the
detailed technical specification of the machines proposed by him in
6
the technical bid The bidder shall attach the flow chart and detailed
proposed Biomethnation plant in the technical bid
The technical proposal will be evaluated and the proposal which are
found technically sound and satisfy other eligibility criteria shall be
called for presentation before the committee If committee finds the
offer technically viable the bidder shall be technically qualified
71 While preparing the Technical Tender Operator is expected to
examine the documents comprising this bid document Material
deficiencies in providing the information requested may result in
rejection of a tender The tender prepared by the Tenderer shall
comprise the following components
a) Documentary evidence established in accordance with ITT
Clause 11 that the Tenderer is eligible to tender and is qualified to
perform the contract if its tender is accepted
b) Documentary evidence established in accordance with ITT
Clause 12 that the goods and ancillary services to be supplied by the
Tenderer are eligible goods and services and conform to the tender
documents and
c) Earnest money deposit furnished in accordance with ITT
Clause 13
8 Tender Form
81 The Tenderer shall complete the Tender Form and the Price
Schedule furnished in the tender documents indicating the goods to
be supplied a brief description of the Design Supply Installation
Erection commissioning and Operation amp Maintenance of Municipal
Solid Waste Treatment Equipmentrsquos and Machineries their country of
origin quantity and prices
b Financial Cover
9 Tender Prices
91 The Tenderer shall indicate on the Price Schedule of the unit
prices and total tender prices of the Design supply installation
7
erection commissioning of Two Biomethanation plant of 5 TPD each
capacity with operation amp maintenance for 1 YEAR at Burudgaon
Depo Ahmednagar
92 Tenderers shall quote for the complete requirement of
processing machinery with vehicles goods and services specified
under single responsibility basis The least bidder shall be awarded
the work
93 Prices indicated on the Price Schedule shall be inclusive of the
following
(i) The price of the goods and services quoted (proposed
Biomethanation Plant including Design Supply Installation erection
commissioning and Operation amp Maintenance as applicable) shall
include all duties and sales and other taxes already paid or payable
by the tenderer
(ii) Any duties sales and other taxes which will be payable on the
goods shall be borne by the contractor if this Contract is awarded
(iii) The price for inland transportation insurance and other local
costs incidental to delivery of the goods to their final destination and
(iv) Cost towards erection and commissioning at site including
foundation
94 Prices quoted by the Tenderer shall be fixed during the
Tendererrsquos performance of the Contract and not subject to variation
on any account A tender submitted with an adjustable price
quotation will be treated as non- responsive and rejected pursuant
to ITT Clause 22
10 Tender Currency
101 Prices shall be quoted in Indian Rupees
11 Documents Establishing Tenderers Eligibility and
Qualifications
111 Pursuant to ITT Clause 7 the Tenderer shall furnish as part of
its Tender documents establishing the Tendererrsquos eligibility to
8
tender and its qualifications to perform the Contract if its tender is
accepted
112 The documentary evidence of the Tenderers qualifications to
perform the Contract if its tender is accepted shall establish to the
Purchasers satisfaction
a) That the average financial turnover of the bidder is 1 crore
in last 3 financial years
b) That The tenderer must have experience of Supply
installation and Commissioning of at least one Bio methanation
plant of 5 TPD capacity in India within last 1 years
Or
b) The bidder must have technology transfer agreement with
BARC (Bhabha Atomic Research Center ) for Biomethanation
plant
Bidder are required to submit Work order copies and
ExecutionCompletion Certificate Technology Transfer Certificate
from BARC AMC may call for original certificates for verification
12 Documents Establishing Goods Eligibility and Conformity
to Tender Documents
121 Pursuant to ITB Clause 7 the Tenderer shall furnish as part of
its tender documents establishing the eligibility and conformity to
the tender documents of all goods and services which the tenderer
proposes to supply under the contract
122 The documentary evidence of conformity of the goods and
services to the tender documents may be in the form of literature
drawings and data and shall consist of
a) a detailed description of the proposed essential technical and
performance characteristics of the goods and machines
b) a list giving full particulars including available sources and
current prices of spare parts special tools etc necessary for the
9
proper and continuing functioning of the goods for a period of one
years following commencement of the use of the goods by the
Purchaser and
c) an item-by-item commentary on the Purchasers Technical
Specifications demonstrating substantial responsiveness of the goods
and services to those specifications or a statement of deviations and
exceptions to the provisions of the Technical Specifications
123 For purposes of the commentary to be furnished pursuant to
ITT Clause 122(c) above the Tenderer shall note that standards for
workmanship material and equipment and references to brand
names or catalogue numbers designated by the Purchaser in its
Technical Specifications are intended to be descriptive only and not
restrictive The Tenderer may substitute alternative standards brand
names andor catalogue numbers in its tender provided that it
demonstrates to the Purchasers satisfaction that the substitutions
ensure substantial equivalence to those designated in the Technical
Specifications
13 Earnest Money Deposit
131 Pursuant to ITT Clause 7 the Tenderer shall furnish as part of
its tender earnest money deposit in the amount as specified in
Section-V - Schedule of Requirements
132 The earnest money deposit is required to protect the Purchaser
against the risk of Tenderers conduct which would warrant the
securitys forfeiture pursuant to ITB Clause 137
133 The earnest money deposit shall be denominated in Indian
Rupees and shall be paid online only on the portal
134 Any tender not secured in accordance with ITT Clauses 131
and the Purchaser as non-responsive pursuant to ITT Clause 22 will
reject 133 above
135 Unsuccessful Tenderers earnest money deposit will be
dischargedreturned as promptly as possible but not later than 30
days after the expiration of the period of tender validity prescribed
by the Purchaser pursuant to ITT Clause 14
10
136 The successful Tenderers earnest money deposit will be
discharged upon the Tenderer signing the Contract pursuant to ITT
Clause 30 and furnishing the performance security pursuant to ITB
Clause 31
137 The tender security may be forfeited
(a) if a Tenderer (i) withdraws its tender during the period of
tender validity specified by the Tenderer on the Tender Form or (ii)
does not accept the correction of errors pursuant to ITT Clause 222
or
(b) in case of a successful Tenderer if the Tenderer fails (i) to sign
the Contract in accordance with ITT Clause 30 or (ii) to furnish
performance security in accordance with ITT Clause 31
14 Period of Validity of Tenders
141 Tenders shall remain valid for 120 days after the deadline for
submission of tenders prescribed by the Purchaser pursuant to ITT
Clause 17 A tender valid for a shorter period shall be rejected by the
Purchaser as non-responsive
142 In exceptional circumstances the Purchaser may solicit the
Tenderers consent to an extension of the period of validity The
request and the responses thereto shall be made in writing (or by
cable or telex or fax) The earnest money deposit provided under ITT
Clause 13 shall also be suitably extended A Tenderer may refuse the
request without forfeiting its earnest money deposit A Tenderer
granting the request will not be required nor permitted to modify its
tender
15 Format and Signing of Tender
151 Bidders shall submit offers that comply with the requirements
of the bidding documents including the basic technical design as
indicated in the drawing and specifications Alternatives will not be
considered
11
D Submission of Bids
16 Bidding through E-Tendering System
161 The tendering under this contract is electronic bid submission
through website httpamcmaharashtraetendersin Detailed
guidelines for viewing bids and submission of online bids are given
on the website The Invitation for Tenders is published on this
website Any citizen or prospective tenderer can logon to this
website and view the Invitation for Tenders and can view the details
of works for which bids are invited The prospective tenderer can
submit tenders online however the bidder is required to have
enrolmentregistration in the website and should have valid Digital
Signature Certificate (DSC) The DSC can be obtained from any
authorized certifying agencies The tenderer should register in the
web site httpamcmaharashtraetendersin After this the
tenderer can login the site through the secured login Bidders are
requested to go through the bid documents carefully and submit the
required information without exception otherwise bids will be
rejected
162 The completed tender should be uploaded on the website
given above through e-tendering along with scanned copies of
requisite certificates as are mentioned in different sections in the
bidding document and scanned copy of the Bid Security No financial
quote shall be uploaded as part of the Technical Bid
163 The bidder shall submit online the requirements under
qualification criteria and Technical and Financial parts The contents
of the Post Qualification and Technical and Financial bid shall be as
specified in ITT After electronic on line bid submission the system
generates a unique bid reference number which is time stamped
This shall be treated as acknowledgement of bid submission
17 Deadline for Submission of the Bids
171 Bids must be received by the Employer online not later than
the due date as specified in the online portal
172 The Employer may extend the deadline for submission of bids
by issuing an amendment in accordance with Clause 5 in which case
12
all rights and obligations of the Employer and the bidders previously
subject to the original deadline will then be subject to the new
deadline
18 Late Bids
181 The electronic bidding system would not allow any late
submission of bids after due date and time as per server time
19 Modification and Withdrawal of Bids
191 Tenderers may modify their bids online before the deadline
prescribed in Clause 17 for bid modification and consequential re-
submission
192 No tenders may be modified after the deadline for submission
of Bids
193 Withdrawal or modification of a tender between the deadline
for submission of tender and the expiration of the original period of
bid validity specified in Clause 141 above or as extended pursuant to
Clause 142 is not allowed in the e-procurement system If a tenderer
does the same through any other medium then it may result in the
forfeiture of the Tender security pursuant to Clause 137
E Tender Opening and Evaluation of Tenders
20 Opening of Tenders by the Purchaser
201 The Purchaser will open all the Technical Cover in the
presence of Tenderersrsquo representatives who choose to attend as per
e-portal
The Tendererrsquos representatives who are present shall sign a register
evidencing their attendance In the event of the specified date of
Tender opening being declared a holiday for the Purchaser the
tenders shall be opened at the appointed time and location on the
next working day
202 The Tendererrsquos names tender modifications or withdrawals
tender prices discounts and the presence or absence of requisite
tender security and such other details as the Purchaser at its
discretion may consider appropriate will be announced at the
opening No tender shall be rejected at tender opening except for late
13
tenders which shall be returned unopened to the Tenderer pursuant
to ITT Clause 18
203 Tenders (and modifications sent pursuant to ITT Clause 192)
that are not opened and read out at tender opening shall not be
considered further for evaluation irrespective of the circumstances
204 The Purchaser will prepare minutes of the tender opening The
Financial Bid of the successful bidders only will be opened after
completion of technical bid evaluation
21 Clarification of Tenders
During evaluation of tenders the Purchaser may at its discretion ask
the Tenderer for a clarification of its tender The request for
clarification and the response shall be in writing and no change in
prices or substance of the tender shall be sought offered or
permitted
22 Preliminary Examination
221 The Purchaser will examine the technical bid to determine
whether they are complete whether required sureties have been
furnished and whether the tenders are generally in order
2211 The evaluation committee appointed by the Employer as
a whole and each of its members individually will evaluate the
Technical Bids on the basis of their responsiveness to the ITB A Bid
shall be rejected at this stage if it does not respond to important
aspects of the Bid Document
222 After the evaluation of technical Bid is completed the
Purchaser shall notify those bidders whose Bids meet the
qualification criteria as detailed in Section VII or were considered
responsive to the bid document indicating that the presentation has
to be made by their company After presentation by the company the
committee members or the person authorized by the commissioner
may visit the plant established by the bidder The bidder to whom the
committee is satisfied with the documents and the presentation and
the site visit if required will be informed as technically qualified
bidders
14
223 The financial bid opening date shall not be informed to the
technically disqualified bidders
2231 The Financial Cover shall be opened publicly in the
presence of the bidders representatives who choose to attend The
bid opening shall be online only
2232 The evaluation committee will determine whether the
Financial Bids are complete correct any computational errors
Arithmetical errors will be rectified on the following basis If there is
a discrepancy between the unit price and the total price that is
obtained by multiplying the unit price and quantity the unit price
shall prevail and the total price shall be corrected If there is a
discrepancy between words and figures the lower of the two will
prevail If the Bidder does not accept the correction of errors its
tender will be rejected and its tender security may be forfeited
2233 All necessary civil work and other related works for
Biomethanation plant is to be done by the successful bidder AMC
shall provide the land road upto the plant site electric connection
upto the plant site AMC shall provide approximately 5 TPD non-veg
organic waste and 5 TPD organic (Veg) waste as feed for each
seperate plant
2234 During the contract period and always the processing
plant machines land and civil works shall be the property of AMC At
the time of handover of the plant to AMC the contractor shall
handover the plant in good running condition If it is found that the
plant is inoperative or needs any repairs and maintenance the
contractor should either repair it to satisfaction of the AMC or if AMC
get it done by its own resources the amount shall be deducted from
the performance security deposit submitted by the contractor
2235 This biding is called for Burudgaon Depo location The
selection procedure of the successful bidder shall be as under
a Whereas successful bidder shall be the bidder quoting lowest for
the Supply Installation Erection commissioning and Operation amp
Maintenance of Municipal Solid Waste Treatment Equipmentrsquos and
Machineries (L-1)
15
b The cost of the MSW Plant and allied accessories for operation
of the plant quoted by the bidder shall be paid by the AMC as per the
payment schedule given in the tender document The value of the
processing plant and allied accessories wit OampM quoted by the
bidder shall be the sole bidding criteria for the tender
c The successful contractor shall not be paid any kind tipping
fees for operating the plant The contractor shall sell the products
(GasElectricitycompostothers) recovered from the processing of
the waste to recover the operation and maintenance cost and the
profits
224 Term of Contract
The term of the contract shall be 1 YEAR and can be renewed for a
similar term if the performance of the contractor is satisfactory
225 Scope of Work
The scope of the work shall be processing of the 5 + 5 TPD waste for
each site (two sites)received at site The rejects from the processing
should not be more than 15 of the total waste The rejects shall be
kept at one side of the site from where the CampT contractor shall lift
the waste and transport it to landfill site
226 Prior to the detailed evaluation pursuant to ITB Clause 23 the
Purchaser will determine the substantial responsiveness of each
tender to the tender documents For purposes of these Clauses a
substantially responsive tender is one which conforms to all the
terms and conditions of the tender documents without material
deviations Deviations from or objections or reservations to critical
provisions such as those concerning Performance Security (GCC
Clause 6) Warranty (GCC Clause 14) Force Majeure (GCC Clause 24)
Limitation of liability (GCC Clause 28) Applicable law (GCC Clause
30) and Taxes amp Duties (GCC Clause 32) will be deemed to be a
material deviation The Purchasers determination of a tenders
responsiveness is to be based on the contents of the tender itself
without recourse to extrinsic evidence
16
227 If a tender is not substantially responsive it will be rejected by
the Purchaser and may not subsequently be made responsive by the
Tenderer by correction of the non-conformity
23 Evaluation and Comparison of Tenders
231 The Purchaser will evaluate and compare the tenders which
have been determined to be substantially responsive pursuant to ITT
Clause 22 for each schedule separately No tender will be considered
if the complete requirements covered in the schedule is not included
in the tender However as stated in ITT Clause 9 The tenderer shall
quote his final prices taken into account all discounts
24 Contacting the Purchaser
241 Subject to ITT Clause 21 no Tenderer shall contact the
Purchaser on any matter relating to its tender from the time of the
tender opening to the time the Contract is awarded If the tenderer
wishes to bring additional information to the notice of the purchaser
it should do so in writing
242 Any effort by a Tenderer to influence the Purchaser in its
decisions on tender evaluation tender comparison or contract award
may result in rejection of the Tenderers tender
F Award of Contract
25 Post qualification
251 In the absence of prequalification the Purchaser will determine
to its satisfaction whether the Tenderer that is selected as having
submitted the lowest evaluated responsive tender meets the criteria
specified in ITT Clause 112 (b) and is qualified to perform the
contract satisfactorily
252 The determination will take into account the Tenderers
financial technical and production capabilities It will be based upon
an examination of the documentary evidence of the Tenderers
qualifications submitted by the Tenderer pursuant to ITT Clause 11
as well as such other information as the Purchaser deems necessary
and appropriate
26 Award Criteria
17
261 Subject to ITT Clause 28 the Purchaser will award the Contract
to the successful Tenderer whose tender has been determined to be
substantially responsive and has been determined as the lowest
evaluated tender provided further that the Tenderer is determined
to be qualified to perform the Contract satisfactorily
27 Right to vary Quantities
271 The contractor shall have to erect the machines proposed by
him in the technical bid and presentation However during the
contract duration for better performance of the processing plant the
contractor shall be free to add the machines vehicles and civil works
at no cost to AMC The contractor shall not be allowed to sell the
installed machines as AMC has already paid the contractor for the
machines and ownership of the machines always lies with the AMC
28 Purchasers Right to Accept Any Tender and to Reject Any
or All Tenders
281 The Purchaser reserves the right to accept or reject any tender
and to annul the tendering process and reject all tenders at any time
prior to contract award without thereby incurring any liability to the
affected Tenderer or Tendererrsquos
29 Notification of Award
291 Prior to the expiration of the period of tender validity the
Purchaser will notify the successful tenderer in writing by registered
letter or by cabletelex or fax to be confirmed in writing by
registered letter that its tender has been accepted
292 The notification of award will constitute the formation of the
Contract
293 Upon the successful Tenderers furnishing of performance
security pursuant to ITT Clause 31 the Purchaser will promptly
notify the name of the winning Tenderer to each unsuccessful
Tenderer and will discharge its earnest money deposit pursuant to
ITT Clause 13
30 Signing of Contract
18
301 At the same time as the Purchaser notifies the successful
tenderer that its tender has been accepted the Purchaser will send
the Tenderer the Contract Form provided in the tender documents
incorporating all agreements between the parties
302 Within 21 days of receipt of the Contract Form the successful
Tenderer shall sign and date the Contract and return it to the
Purchaser
31 Performance Security
311 Within 21 days of the receipt of notification of award from the
Purchaser the successful Tenderer shall furnish the performance
security of 3 of the cost of the machines and equipments
quoted by him The performance security shall be in form of Bank
guarantee 2 payment shall be deducted from each payment which
will make the total performance security to 5 The performance
security shall be released at the end of the contract period
312 Failure of the successful Tenderer to comply with the
requirement of ITT Clause 302 or ITT Clause 311 shall constitute
sufficient grounds for the annulment of the award and forfeiture of
the earnest money deposit in which event the Purchaser may make
the award to the next lowest evaluated Tenderer or call for new
tenders
32 Corrupt or Fraudulent Practices
321 The Government requires that Tendererrsquos Bidders
Contractors observe the highest standard of ethics during the
procurement and execution of Government financed contracts In
pursuance of this policy the Government
(a) defines for the purposes of this provision the terms set forth
as follows
(i) ldquocorrupt practicerdquo means the offering giving receiving or
soliciting of any thing of value to influence the action of a public
official in the procurement process or in contract execution and
(ii) ldquofraudulent practicerdquo means a misrepresentation of facts in
order to influence a procurement process or the execution of a
contract to the detriment of the Government and includes collusive
19
practice among Tenderers (prior to or after tender submission)
designed to establish tender prices at artificial non-competitive
levels and to deprive the Government of the benefits of free and open
competition
(b) will reject a proposal for award if it determines that the
Tenderer recommended for award has engaged in corrupt or
fraudulent practices in competing for the contract in question
(c) will declare a firm ineligible either indefinitely or for a stated
period of time to be awarded a Government financed contract if it at
any time determines that the firm has engaged in corrupt or
fraudulent practices in competing for or in executing a Government-
financed contract
322 Furthermore Tenderers shall be aware of the provision stated
in sub-clause 44 and sub-clause 231 of the General Conditions of
Contract
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
Clause Number Topic
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information
Inspection and Audit by Government
5 Patent Rights
6 Performance Security
7 Inspection and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
20
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
21
General Conditions of Contract
1 Definitions
11 In this Contract the following terms shall be interpreted as
indicated
a The Contract means the agreement entered into between the
Purchaser and the Bidder as recorded in the Contract Form signed
by the parties including all the attachments and appendices thereto
and all documents incorporated by reference therein
b The Contract Price means the price payable to the Bidder
under the Contract for the full and proper performance of its
contractual obligations
c The Goods means all the equipment machinery andor other
materials which the Bidder is required to supply to the Purchaser
under the Contract
d Services means services ancillary to the supply of the Goods
such as transportation and insurance and any other incidental
services such as installation commissioning provision of technical
assistance training and other obligations of the Bidder covered
under the Contract
e ldquoGCCrdquo means the General Conditions of Contract contained in
this section
f ldquoSCCrdquo means the Special Conditions of Contract
g ldquoThe Purchaserrdquo means the organization purchasing the Goods
as named in SCC
h ldquoThe Purchaserrsquos countryrdquo is the country named in SCC
i ldquoThe Bidderrdquo means the individual or firm supplying the Goods
and Services under this Contract
j ldquoThe Governmentrdquo means the Government of Maharashtra
State
k ldquoThe Project Siterdquo where applicable means the place or places
named in SCC
l ldquoDayrdquo means calendar day
2 Application
22
21 These General Conditions shall apply to the extent that
provisions in other parts of the Contract do not supersede them
3 Standards
31 The Goods and machines supplied under this Contract shall
conform to the standards mentioned in the Technical Specifications
given in the technical bid of the bidder and when no applicable
standard is mentioned to the authoritative standard appropriate to
the Goods country of origin and such standards shall be the latest
issued by the concerned institution
4 Use of Contract Documents and Information Inspection
and Audit by the Government
41 The Bidder shall not without the Purchasers prior written
consent disclose the Contract or any provision thereof or any
specification plan drawing pattern sample or information furnished
by or on behalf of the Purchaser in connection therewith to any
person other than a person employed by the Bidder in performance
of the Contract Disclosure to any such employed person shall be
made in confidence and shall extend only so far as may be necessary
for purposes of such performance
42 The Bidder shall not without the Purchaserrsquos prior written
consent make use of any document or information enumerated in
GCC Clause 41 except for purposes of performing the contract
43 Any document other than the Contract itself enumerated in
GCC Clause 41 shall remain the property of the Purchaser and shall
be returned (in all copies) to the Purchaser on completion of the
Bidderrsquos performance under the Contract if so required by the
Purchaser
44 The Bidder shall permit the Government to inspect the Bidderrsquos
accounts and records relating to the performance of the Bidder and
to have them audited by auditors appointed by the Government if so
required by the Government
5 Patent Rights
23
51 The Bidder shall indemnify the Purchaser against all third-
party claims of infringement of patent trademark or industrial
design rights arising from use of the Goods or any part thereof in
India
6 Performance Security
61 Within 21 days of receipt of the notification of contract award
the Bidder shall furnish Performance Security to the Purchaser for an
amount of 5 of the Contract Value valid up to 30 days after the date
of completion of Contract
62 The proceeds of the performance security shall be payable to
the Purchaser as compensation for any loss resulting from the
Bidderrsquos failure to complete its obligations under the Contract
63 The Performance Security shall be denominated in Indian
Rupees and shall be in one of the following forms
a) A Bank guarantee issued by a NationalizedScheduled bank in
the form provided in the tender documents or another form
acceptable to the Purchaser or
b) Crossed demand draft or pay order drawn in favor of the
Purchaser or
64 The Performance Security will be discharged by the Purchaser
and returned to the Bidder not later than 60 days following the date
of completion of the Bidderrsquos performance obligations including any
Warranty obligations under the Contract
7 Inspections and Tests
71 The Purchaser or its representative shall have the right to
inspect andor to test the Goods to confirm their conformity to the
Contract specifications at no extra cost to the Contractor
72 The contractor shall conduct third party inspection from any of
the inspection agency approved by Government of India The cost of
the inspection should be paid by the contractor and no
reimbursement shall be made by AMC for the inspection The
inspection shall be done on the basis of the technical bid submitted
by the tenderer or the approved machines and drawings by AMC
24
73 The inspections and tests may be conducted on the premises of
the Bidder or its subcontractor(s) at point of delivery andor at the
Goods final destination If conducted on the premises of the Bidder or
its subcontractor(s) all reasonable facilities and assistance including
access to drawings and production data - shall be furnished to the
inspectors at no charge to the Purchaser
74 Should any inspected or tested Goods fail to conform to the
specifications the Purchaser may reject the goods and the Bidder
shall either replace the rejected Goods or make alterations necessary
to meet specification requirements free of cost to the Purchaser
75 The Purchasers right to inspect test and where necessary
reject the Goods after the Goods arrival at Project Site shall in no
way be limited or waived by reason of the Goods having previously
been inspected tested and passed by the Purchaser or its
representative prior to the Goods shipment
76 Nothing in GCC Clause 7 shall in any way release the Bidder
from any warranty or other obligations under this Contract
77 Manuals and Drawings
771 Before the goods and equipment are taken over by the
Purchaser the Bidder shall supply operation and maintenance
manuals together with drawings of the goods and equipment These
shall be in such detail as will enable the Purchaser to operate
maintain adjust and repair all parts of the equipment as stated in the
specifications
772 The manuals and drawings shall be in the ruling language
(English) and in such form and numbers as stated in the contract
773 Unless and otherwise agreed the goods and equipment shall
not be considered to be completed for the purpose of taking over
until such manuals and drawings have been supplied to the
Purchaser
8 Packing
25
81 The packing of the goods may not be required however the
documents like operational manual and list of equipments shall be
submitted in two copies in booklet form
9 Delivery and Documents
91 Delivery of the Goods shall be made by the Bidder in
accordance with the terms specified by the Purchaser in the
Notification of Award The bills for the machines shall be submitted
in duplicate The bills for only those equipment will be accepted
whose delivery at site has been done by the bidder
10 Insurance
101 It will the responsibility of the contractor that the Goods and
machines supplied under the Contract shall be fully insured by the
contractor in Indian Rupees against loss or damage incidental to
manufacture or acquisition transportation storage and delivery for
complete duration of the contract For delivery of goods at site the
insurance shall be obtained by the Bidder in an amount equal to
110 of the value of the goods from ldquowarehouse to warehouserdquo
(final destinations) on ldquoAll Risksrdquo basis including War risks and
Strikes
11 Transportation
111 Where the Bidder is required under the Contract to transport
the Goods to a specified place of destination within India defined as
Project site the Bidder as shall be specified in the Contract shall
arrange transport to such place of destination in India including
insurance and the related cost shall be included in the Contract Price
12 Incidental Services
121 The Bidder may be required to provide any or all of the
following services including additional services if any specified in
SCC
a performance or supervision of the on-site assembly andor
start-up of the supplied Goods
b furnishing of tools required for assembly andor maintenance
of the supplied Goods
26
c furnishing of detailed operations and maintenance manual for
each appropriate unit of supplied Goods
d performance or supervision or maintenance andor repair of
the supplied Goods for a period of time agreed by the parties
provided that this service shall not relieve the Bidder of any
warranty obligations under this Contract and
e training of the Purchasers personnel at the Bidderrsquos plant
andor on-site in assembly start-up operation maintenance andor
repair of the supplied Goods
f detailed specifications of each equipment in detail to be
provided
g arrangement of required vehicles and implements for loading
amp unloading of Equipment at Facilities and other required infra for
assembling of equipment
122 Prices charged by the Bidder for incidental services if not
included in the Contract Price for the Goods shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates
charged to other parties by the Bidder for similar services
13 Spare Parts
131 As specified in the SCC the contractor shall be required to
provide any or all of the materials and spare parts at no cost to AMC
132 The Bidder shall carry sufficient inventories to assure ex-stock
supply of consumable spares for the Goods such as gaskets plugs
washers belts etc
14 Warranty
141 The Bidder warrants that the Goods supplied under this
Contract are new unused of the most recent or current models and
that they incorporate all recent improvements in design and
materials unless provided otherwise in the Contract The Bidder
further warrants that all Goods supplied under this Contract shall
have no defect arising from design materials or workmanship
(except when the design andor material is required by the
Purchasers Specifications) or from any act or omission of the Bidder
that may develop under normal use of the supplied Goods in the
conditions prevailing in the country of final destination
27
142 This warranty shall remain valid for 12 months after all the
sections of the entire plant have been delivered and successfully
commissioned and desired outputs are achieved as indicated in the
Contract Although section wise commissioning is proposed the
warranty will come into effect only after completion of all the
sections The Bidder shall in addition comply with the performance
andor consumption guarantees specified under the Contract If for
reasons attributable to the Bidder these guarantees are not attained
in whole or in part the Bidder shall at its discretion either
a make such changes modifications andor additions to the
Goods or any part thereof as may be necessary in order to attain the
contractual guarantees specified in the Contract at its own cost and
expense and to carry out further performance tests in accordance
with SCC Clause 2 OR
b pay liquidated damages to the Purchaser with respect to the
failure to meet the contractual guarantees The rate of these
liquidated damages shall be as specified in the Technical
Specifications
143 If the Bidder having been notified fails to remedy the defect(s)
within 15 days the Purchaser may proceed to take such remedial
action as may be necessary at the Bidderrsquos risk and expense and
without prejudice to any other rights which the Purchaser may have
against the Bidder under the Contract
15 Payment
151 The method and conditions of payment to be made to the
Bidder under this Contract shall be specified in the SCC
152 The Bidderrsquos request(s) for payment shall be made to the
Purchaser in writing accompanied by an invoice describing as
appropriate the Goods delivered and the Services performed and by
documents submitted pursuant to GCC Clause 9 and upon fulfillment
of other obligations stipulated in the contract
153 Payments shall be made promptly by the Purchaser but in no
case later than thirty (30) days after submission of the invoice or
claim by the Bidder
28
154 Payment shall be made in Indian Rupees
16 Prices
161 Prices payable to the Bidder as stated in the contract shall be
firm during the performance of the contract
17 Change Orders
171 The Purchaser may at any time by written order given to the
Bidder pursuant to GCC Clause 31 make changes within the general
scope of the Contract in any one or more of the following
a drawings designs or specifications where Goods to be
furnished under the Contract are to be specifically manufactured for
the Purchaser
b the Services to be provided by the Bidder
172 If any such change causes an increase or decrease in the cost of
or the time required for the Bidderrsquos performance of any provisions
under the Contract an equitable adjustment shall be made in the
Contract Price or delivery schedule or both and the Contract shall
accordingly be amended Any claims by the Bidder for adjustment
under this clause must be asserted within thirty (30) days from the
date of the Bidderrsquos receipt of the Purchasers change order
18 Contract Amendments
181 Subject to GCC Clause 17 no variation in or modification of the
terms of the Contract shall be made except by written amendment
signed by the parties
19 Assignment
191 The Bidder shall not assign in whole or in part its obligations
to perform under the Contract except with the Purchasers prior
written consent
20 Subcontracts
201 Any subcontracting work should be done after confirmation of
the same from the AMC
21 Delays in the Bidderrsquos Performance
29
211 Delivery of the Goods and performance of the Services shall be
made by the Bidder in accordance with the time schedule specified
by the Purchaser in the Schedule of Requirements
212 If at any time during performance of the Contract the Bidder or
its sub-contractor(s) should encounter conditions impeding timely
delivery of the Goods and performance of Services the Bidder shall
promptly notify the Purchaser in writing of the fact of the delay its
likely duration and its cause(s) As soon as practicable after receipt of
the Bidderrsquos notice the Purchaser shall evaluate the situation and
may at its discretion extend the Bidderrsquos time for performance with
or without liquidated damages in which case the extension shall be
ratified by the parties by amendment of the Contract
213 Except as provided under GCC Clause 24 a delay by the Bidder
in the performance of its delivery obligations shall render the Bidder
liable to the imposition of liquidated damages pursuant to GCC
Clause 22 unless an extension of time is agreed upon pursuant to
GCC Clause 212 without the application of liquidated damages
22 Liquidated Damages
221 Subject to GCC Clause 24 if the Bidder fails to deliver any or all
of the Goods or to perform the Services within the period(s) specified
in the Contract the Purchaser shall without prejudice to its other
remedies under the Contract deduct from the Contract Price as
liquidated damages a sum equivalent to 2 of the delivered price of
the delayed Goods or unperformed Services for each week or part
thereof of delay until actual delivery or performance up to a
maximum deduction of 10 of the Contract Price Once the
maximum is reached the Purchaser may consider termination of the
Contract pursuant to GCC Clause 23 Liquidated Damages is applicable
only up to commission and trial run period and not applicable to AMC
phase of the Contract
23 Termination for Default
30
231 The Purchaser may without prejudice to any other remedy for
breach of contract by written notice of default sent to the Bidder
terminate the Contract in whole or part
a if the Bidder fails to deliver any or all of the Goods within the
period(s) specified in the Contract or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 21 or
b if the Bidder fails to perform any other obligation(s) under the
Contract
c If the Bidder in the judgement of the Purchaser has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract
For the purpose of this Clause
ldquoCorrupt practicerdquo means the offering giving receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution
ldquofraudulent practicerdquo means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition
232 In the event the Purchaser terminates the Contract in whole or
in part pursuant to GCC Clause 231 the Purchaser may procure
upon such terms and in such manner as it deems appropriate Goods
or Services similar to those undelivered and the Bidder shall be
liable to the Purchaser for any excess costs for such similar Goods or
Services However the Bidder shall continue the performance of the
Contract to the extent not terminated
24 Force Majeure
241 Not with standing the provisions of GCC Clauses 21 22 23 the
Bidder shall not be liable for forfeiture of its performance security
liquidated damages or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
2
answer questions on any matter that may be raised at that stage as
stated in Clause 92 of lsquoInstructions to Biddersrsquo of the bidding
document
5 The last Date and time for receipt of bids through the e-
tendering portal httpamcmaharashtraetendersin and will be
opened as per e-portal from the last date and time of receipt of bids
If the office happens to be closed on the date of opening of the bids as
specified the bids will be opened on the next working day at the
same time and venue
6 Other details can be seen in the bidding documents
Note
The Employer shall not be held liable for any delays due to system
failure beyond its control Even though the system will attempt to
notify the bidders of any bid updates The Employer shall not be
liable for any information not received by the bidder It is the
biddersrsquo responsibility to verify the website for the latest information
related to the tender The bidder is required to ensure browser
compatibility of the computer well in advance to the last date and
time for receipt of the tenders The department shall not be
responsible for non-accessibility of e-procurement portal due to
internet connectivity issues and technical glitches
3
SECTION II INSTRUCTION TO TENDERERS
A Introduction
1 Eligible Tenderers
11 The tender is open to all bidders who satisfy the qualification
criteria
12 The tenderer should be a registered legal entity Joint ventures
are allowed
13 Tenderers should not be associated or have been associated in
the past directly or indirectly with a firm or any of its affiliates
which have been engaged by the Purchaser to provide consulting
services for the preparation of the design specifications and other
documents to be used for the procurement of the goods to be
purchased under this Invitation of Tenders
14 Tenderers shall not be under a declaration of ineligibility for
corrupt and fraudulent practices issued by Government of
Maharashtra or India
2 Cost of Tendering
21 The Tenderer shall bear all costs associated with the
preparation and submission of its tender and AMC hereinafter
referred to as the Purchaser will in no case be responsible or liable
for these costs regardless of the conduct or outcome of the tender
process
B The Tender Documents
3 Contents of Tender Documents
31 The goods required tendering procedures and contract terms
are prescribed in the tender documents In addition to the Invitation
for Tenders the tender documents include
a Instruction to Tenderers (ITT)
b General Conditions of Contract (GCC)
c Special Conditions of Contract (SCC)
d Schedule of Requirements
4
e Technical Specifications
f Tender Form and Price Schedules
g Earnest Money Deposit Form
h Contract Form
i Performance Security Form
j Performance Statement Form
32 The Tenderer is expected to examine all instructions forms
terms and specifications in the tender documents Failure to furnish
all information required by the tender documents or submission of a
tender not substantially responsive to the tender documents in every
respect will be at the Tendererrsquos risk and may result in rejection of its
tender
4 Clarification of Tender Documents
41 The electronic bidding system provides for online
clarifications A prospective tenderer requiring any clarification may
notify online the authority inviting the bid The authority-inviting bid
will respond to any request(s) for clarification received in writing up
to pre-bid meeting Description of clarification sought and the
response of the authority inviting the bid will be uploaded for
information of the public or other bidders without identifying the
source of request for clarification
The Tenderer or his official representative is invited to attend a pre-
bid meeting which will take place at the office of the ldquoCommissioner
Ahmednagar Municipal Corporationrdquo
42 The purpose of the meeting will be to clarify issues and to
answer questions on any matter that may be raised at that stage
43 The Tenderer is requested to submit any questions in written
addressed to the commissioner Ahmednagar Municipal Corporation
not later than day of pre-bid meeting
44 Minutes of the meeting including the text of the questions
raised (without identifying the source of enquiry) and the responses
given will be uploaded on the website
httpamcmaharashtraetendersin Any modification of the
5
bidding documents which may become necessary as a result of the
pre-bid meeting shall be made by the Purchaser exclusively through
the issue of an Addendum in pursuant to Clause 5 of IT Band
45 Non-attendance at the pre-bid meeting will not be a cause for
disqualification of a bidder
5 Amendment of Tender Documents (l)
51 At any time prior to the deadline for submission of tenders the
Purchaser may for any reason whether at its own initiative or in
response to a clarification requested by a prospective tenderer
modify the tender documents by amendment
52 The addendum will appear on the web page of the website
httpamcmaharashtraetendersin
53 In order to allow prospective tenderers reasonable time in
which to take the amendment into account in preparing their
tenders the Purchaser at its discretion may extend the deadline for
the submission of tenders
C Preparation of Tenders
6 Language of Tender
61 The tender prepared by the Tenderer as well as all
correspondence and documents relating to the tender exchanged by
the Tenderer and the Purchaser shall be written in English language
Supporting documents and printed literature furnished by the
Tenderer may be in another language provided they are
accompanied by an accurate translation of the relevant passages in
the English language in which case for purposes of interpretation of
the Tender the translation shall govern
7 Documents Constituting the Tender
a Technical Cover
The bidding is a single stage two cover system (First Cover
(Technical) and Second Cover (Financial)) and Successful Bidder to
be selected on Least Cost Selection (LCS) The bidder shall attach the
detailed technical specification of the machines proposed by him in
6
the technical bid The bidder shall attach the flow chart and detailed
proposed Biomethnation plant in the technical bid
The technical proposal will be evaluated and the proposal which are
found technically sound and satisfy other eligibility criteria shall be
called for presentation before the committee If committee finds the
offer technically viable the bidder shall be technically qualified
71 While preparing the Technical Tender Operator is expected to
examine the documents comprising this bid document Material
deficiencies in providing the information requested may result in
rejection of a tender The tender prepared by the Tenderer shall
comprise the following components
a) Documentary evidence established in accordance with ITT
Clause 11 that the Tenderer is eligible to tender and is qualified to
perform the contract if its tender is accepted
b) Documentary evidence established in accordance with ITT
Clause 12 that the goods and ancillary services to be supplied by the
Tenderer are eligible goods and services and conform to the tender
documents and
c) Earnest money deposit furnished in accordance with ITT
Clause 13
8 Tender Form
81 The Tenderer shall complete the Tender Form and the Price
Schedule furnished in the tender documents indicating the goods to
be supplied a brief description of the Design Supply Installation
Erection commissioning and Operation amp Maintenance of Municipal
Solid Waste Treatment Equipmentrsquos and Machineries their country of
origin quantity and prices
b Financial Cover
9 Tender Prices
91 The Tenderer shall indicate on the Price Schedule of the unit
prices and total tender prices of the Design supply installation
7
erection commissioning of Two Biomethanation plant of 5 TPD each
capacity with operation amp maintenance for 1 YEAR at Burudgaon
Depo Ahmednagar
92 Tenderers shall quote for the complete requirement of
processing machinery with vehicles goods and services specified
under single responsibility basis The least bidder shall be awarded
the work
93 Prices indicated on the Price Schedule shall be inclusive of the
following
(i) The price of the goods and services quoted (proposed
Biomethanation Plant including Design Supply Installation erection
commissioning and Operation amp Maintenance as applicable) shall
include all duties and sales and other taxes already paid or payable
by the tenderer
(ii) Any duties sales and other taxes which will be payable on the
goods shall be borne by the contractor if this Contract is awarded
(iii) The price for inland transportation insurance and other local
costs incidental to delivery of the goods to their final destination and
(iv) Cost towards erection and commissioning at site including
foundation
94 Prices quoted by the Tenderer shall be fixed during the
Tendererrsquos performance of the Contract and not subject to variation
on any account A tender submitted with an adjustable price
quotation will be treated as non- responsive and rejected pursuant
to ITT Clause 22
10 Tender Currency
101 Prices shall be quoted in Indian Rupees
11 Documents Establishing Tenderers Eligibility and
Qualifications
111 Pursuant to ITT Clause 7 the Tenderer shall furnish as part of
its Tender documents establishing the Tendererrsquos eligibility to
8
tender and its qualifications to perform the Contract if its tender is
accepted
112 The documentary evidence of the Tenderers qualifications to
perform the Contract if its tender is accepted shall establish to the
Purchasers satisfaction
a) That the average financial turnover of the bidder is 1 crore
in last 3 financial years
b) That The tenderer must have experience of Supply
installation and Commissioning of at least one Bio methanation
plant of 5 TPD capacity in India within last 1 years
Or
b) The bidder must have technology transfer agreement with
BARC (Bhabha Atomic Research Center ) for Biomethanation
plant
Bidder are required to submit Work order copies and
ExecutionCompletion Certificate Technology Transfer Certificate
from BARC AMC may call for original certificates for verification
12 Documents Establishing Goods Eligibility and Conformity
to Tender Documents
121 Pursuant to ITB Clause 7 the Tenderer shall furnish as part of
its tender documents establishing the eligibility and conformity to
the tender documents of all goods and services which the tenderer
proposes to supply under the contract
122 The documentary evidence of conformity of the goods and
services to the tender documents may be in the form of literature
drawings and data and shall consist of
a) a detailed description of the proposed essential technical and
performance characteristics of the goods and machines
b) a list giving full particulars including available sources and
current prices of spare parts special tools etc necessary for the
9
proper and continuing functioning of the goods for a period of one
years following commencement of the use of the goods by the
Purchaser and
c) an item-by-item commentary on the Purchasers Technical
Specifications demonstrating substantial responsiveness of the goods
and services to those specifications or a statement of deviations and
exceptions to the provisions of the Technical Specifications
123 For purposes of the commentary to be furnished pursuant to
ITT Clause 122(c) above the Tenderer shall note that standards for
workmanship material and equipment and references to brand
names or catalogue numbers designated by the Purchaser in its
Technical Specifications are intended to be descriptive only and not
restrictive The Tenderer may substitute alternative standards brand
names andor catalogue numbers in its tender provided that it
demonstrates to the Purchasers satisfaction that the substitutions
ensure substantial equivalence to those designated in the Technical
Specifications
13 Earnest Money Deposit
131 Pursuant to ITT Clause 7 the Tenderer shall furnish as part of
its tender earnest money deposit in the amount as specified in
Section-V - Schedule of Requirements
132 The earnest money deposit is required to protect the Purchaser
against the risk of Tenderers conduct which would warrant the
securitys forfeiture pursuant to ITB Clause 137
133 The earnest money deposit shall be denominated in Indian
Rupees and shall be paid online only on the portal
134 Any tender not secured in accordance with ITT Clauses 131
and the Purchaser as non-responsive pursuant to ITT Clause 22 will
reject 133 above
135 Unsuccessful Tenderers earnest money deposit will be
dischargedreturned as promptly as possible but not later than 30
days after the expiration of the period of tender validity prescribed
by the Purchaser pursuant to ITT Clause 14
10
136 The successful Tenderers earnest money deposit will be
discharged upon the Tenderer signing the Contract pursuant to ITT
Clause 30 and furnishing the performance security pursuant to ITB
Clause 31
137 The tender security may be forfeited
(a) if a Tenderer (i) withdraws its tender during the period of
tender validity specified by the Tenderer on the Tender Form or (ii)
does not accept the correction of errors pursuant to ITT Clause 222
or
(b) in case of a successful Tenderer if the Tenderer fails (i) to sign
the Contract in accordance with ITT Clause 30 or (ii) to furnish
performance security in accordance with ITT Clause 31
14 Period of Validity of Tenders
141 Tenders shall remain valid for 120 days after the deadline for
submission of tenders prescribed by the Purchaser pursuant to ITT
Clause 17 A tender valid for a shorter period shall be rejected by the
Purchaser as non-responsive
142 In exceptional circumstances the Purchaser may solicit the
Tenderers consent to an extension of the period of validity The
request and the responses thereto shall be made in writing (or by
cable or telex or fax) The earnest money deposit provided under ITT
Clause 13 shall also be suitably extended A Tenderer may refuse the
request without forfeiting its earnest money deposit A Tenderer
granting the request will not be required nor permitted to modify its
tender
15 Format and Signing of Tender
151 Bidders shall submit offers that comply with the requirements
of the bidding documents including the basic technical design as
indicated in the drawing and specifications Alternatives will not be
considered
11
D Submission of Bids
16 Bidding through E-Tendering System
161 The tendering under this contract is electronic bid submission
through website httpamcmaharashtraetendersin Detailed
guidelines for viewing bids and submission of online bids are given
on the website The Invitation for Tenders is published on this
website Any citizen or prospective tenderer can logon to this
website and view the Invitation for Tenders and can view the details
of works for which bids are invited The prospective tenderer can
submit tenders online however the bidder is required to have
enrolmentregistration in the website and should have valid Digital
Signature Certificate (DSC) The DSC can be obtained from any
authorized certifying agencies The tenderer should register in the
web site httpamcmaharashtraetendersin After this the
tenderer can login the site through the secured login Bidders are
requested to go through the bid documents carefully and submit the
required information without exception otherwise bids will be
rejected
162 The completed tender should be uploaded on the website
given above through e-tendering along with scanned copies of
requisite certificates as are mentioned in different sections in the
bidding document and scanned copy of the Bid Security No financial
quote shall be uploaded as part of the Technical Bid
163 The bidder shall submit online the requirements under
qualification criteria and Technical and Financial parts The contents
of the Post Qualification and Technical and Financial bid shall be as
specified in ITT After electronic on line bid submission the system
generates a unique bid reference number which is time stamped
This shall be treated as acknowledgement of bid submission
17 Deadline for Submission of the Bids
171 Bids must be received by the Employer online not later than
the due date as specified in the online portal
172 The Employer may extend the deadline for submission of bids
by issuing an amendment in accordance with Clause 5 in which case
12
all rights and obligations of the Employer and the bidders previously
subject to the original deadline will then be subject to the new
deadline
18 Late Bids
181 The electronic bidding system would not allow any late
submission of bids after due date and time as per server time
19 Modification and Withdrawal of Bids
191 Tenderers may modify their bids online before the deadline
prescribed in Clause 17 for bid modification and consequential re-
submission
192 No tenders may be modified after the deadline for submission
of Bids
193 Withdrawal or modification of a tender between the deadline
for submission of tender and the expiration of the original period of
bid validity specified in Clause 141 above or as extended pursuant to
Clause 142 is not allowed in the e-procurement system If a tenderer
does the same through any other medium then it may result in the
forfeiture of the Tender security pursuant to Clause 137
E Tender Opening and Evaluation of Tenders
20 Opening of Tenders by the Purchaser
201 The Purchaser will open all the Technical Cover in the
presence of Tenderersrsquo representatives who choose to attend as per
e-portal
The Tendererrsquos representatives who are present shall sign a register
evidencing their attendance In the event of the specified date of
Tender opening being declared a holiday for the Purchaser the
tenders shall be opened at the appointed time and location on the
next working day
202 The Tendererrsquos names tender modifications or withdrawals
tender prices discounts and the presence or absence of requisite
tender security and such other details as the Purchaser at its
discretion may consider appropriate will be announced at the
opening No tender shall be rejected at tender opening except for late
13
tenders which shall be returned unopened to the Tenderer pursuant
to ITT Clause 18
203 Tenders (and modifications sent pursuant to ITT Clause 192)
that are not opened and read out at tender opening shall not be
considered further for evaluation irrespective of the circumstances
204 The Purchaser will prepare minutes of the tender opening The
Financial Bid of the successful bidders only will be opened after
completion of technical bid evaluation
21 Clarification of Tenders
During evaluation of tenders the Purchaser may at its discretion ask
the Tenderer for a clarification of its tender The request for
clarification and the response shall be in writing and no change in
prices or substance of the tender shall be sought offered or
permitted
22 Preliminary Examination
221 The Purchaser will examine the technical bid to determine
whether they are complete whether required sureties have been
furnished and whether the tenders are generally in order
2211 The evaluation committee appointed by the Employer as
a whole and each of its members individually will evaluate the
Technical Bids on the basis of their responsiveness to the ITB A Bid
shall be rejected at this stage if it does not respond to important
aspects of the Bid Document
222 After the evaluation of technical Bid is completed the
Purchaser shall notify those bidders whose Bids meet the
qualification criteria as detailed in Section VII or were considered
responsive to the bid document indicating that the presentation has
to be made by their company After presentation by the company the
committee members or the person authorized by the commissioner
may visit the plant established by the bidder The bidder to whom the
committee is satisfied with the documents and the presentation and
the site visit if required will be informed as technically qualified
bidders
14
223 The financial bid opening date shall not be informed to the
technically disqualified bidders
2231 The Financial Cover shall be opened publicly in the
presence of the bidders representatives who choose to attend The
bid opening shall be online only
2232 The evaluation committee will determine whether the
Financial Bids are complete correct any computational errors
Arithmetical errors will be rectified on the following basis If there is
a discrepancy between the unit price and the total price that is
obtained by multiplying the unit price and quantity the unit price
shall prevail and the total price shall be corrected If there is a
discrepancy between words and figures the lower of the two will
prevail If the Bidder does not accept the correction of errors its
tender will be rejected and its tender security may be forfeited
2233 All necessary civil work and other related works for
Biomethanation plant is to be done by the successful bidder AMC
shall provide the land road upto the plant site electric connection
upto the plant site AMC shall provide approximately 5 TPD non-veg
organic waste and 5 TPD organic (Veg) waste as feed for each
seperate plant
2234 During the contract period and always the processing
plant machines land and civil works shall be the property of AMC At
the time of handover of the plant to AMC the contractor shall
handover the plant in good running condition If it is found that the
plant is inoperative or needs any repairs and maintenance the
contractor should either repair it to satisfaction of the AMC or if AMC
get it done by its own resources the amount shall be deducted from
the performance security deposit submitted by the contractor
2235 This biding is called for Burudgaon Depo location The
selection procedure of the successful bidder shall be as under
a Whereas successful bidder shall be the bidder quoting lowest for
the Supply Installation Erection commissioning and Operation amp
Maintenance of Municipal Solid Waste Treatment Equipmentrsquos and
Machineries (L-1)
15
b The cost of the MSW Plant and allied accessories for operation
of the plant quoted by the bidder shall be paid by the AMC as per the
payment schedule given in the tender document The value of the
processing plant and allied accessories wit OampM quoted by the
bidder shall be the sole bidding criteria for the tender
c The successful contractor shall not be paid any kind tipping
fees for operating the plant The contractor shall sell the products
(GasElectricitycompostothers) recovered from the processing of
the waste to recover the operation and maintenance cost and the
profits
224 Term of Contract
The term of the contract shall be 1 YEAR and can be renewed for a
similar term if the performance of the contractor is satisfactory
225 Scope of Work
The scope of the work shall be processing of the 5 + 5 TPD waste for
each site (two sites)received at site The rejects from the processing
should not be more than 15 of the total waste The rejects shall be
kept at one side of the site from where the CampT contractor shall lift
the waste and transport it to landfill site
226 Prior to the detailed evaluation pursuant to ITB Clause 23 the
Purchaser will determine the substantial responsiveness of each
tender to the tender documents For purposes of these Clauses a
substantially responsive tender is one which conforms to all the
terms and conditions of the tender documents without material
deviations Deviations from or objections or reservations to critical
provisions such as those concerning Performance Security (GCC
Clause 6) Warranty (GCC Clause 14) Force Majeure (GCC Clause 24)
Limitation of liability (GCC Clause 28) Applicable law (GCC Clause
30) and Taxes amp Duties (GCC Clause 32) will be deemed to be a
material deviation The Purchasers determination of a tenders
responsiveness is to be based on the contents of the tender itself
without recourse to extrinsic evidence
16
227 If a tender is not substantially responsive it will be rejected by
the Purchaser and may not subsequently be made responsive by the
Tenderer by correction of the non-conformity
23 Evaluation and Comparison of Tenders
231 The Purchaser will evaluate and compare the tenders which
have been determined to be substantially responsive pursuant to ITT
Clause 22 for each schedule separately No tender will be considered
if the complete requirements covered in the schedule is not included
in the tender However as stated in ITT Clause 9 The tenderer shall
quote his final prices taken into account all discounts
24 Contacting the Purchaser
241 Subject to ITT Clause 21 no Tenderer shall contact the
Purchaser on any matter relating to its tender from the time of the
tender opening to the time the Contract is awarded If the tenderer
wishes to bring additional information to the notice of the purchaser
it should do so in writing
242 Any effort by a Tenderer to influence the Purchaser in its
decisions on tender evaluation tender comparison or contract award
may result in rejection of the Tenderers tender
F Award of Contract
25 Post qualification
251 In the absence of prequalification the Purchaser will determine
to its satisfaction whether the Tenderer that is selected as having
submitted the lowest evaluated responsive tender meets the criteria
specified in ITT Clause 112 (b) and is qualified to perform the
contract satisfactorily
252 The determination will take into account the Tenderers
financial technical and production capabilities It will be based upon
an examination of the documentary evidence of the Tenderers
qualifications submitted by the Tenderer pursuant to ITT Clause 11
as well as such other information as the Purchaser deems necessary
and appropriate
26 Award Criteria
17
261 Subject to ITT Clause 28 the Purchaser will award the Contract
to the successful Tenderer whose tender has been determined to be
substantially responsive and has been determined as the lowest
evaluated tender provided further that the Tenderer is determined
to be qualified to perform the Contract satisfactorily
27 Right to vary Quantities
271 The contractor shall have to erect the machines proposed by
him in the technical bid and presentation However during the
contract duration for better performance of the processing plant the
contractor shall be free to add the machines vehicles and civil works
at no cost to AMC The contractor shall not be allowed to sell the
installed machines as AMC has already paid the contractor for the
machines and ownership of the machines always lies with the AMC
28 Purchasers Right to Accept Any Tender and to Reject Any
or All Tenders
281 The Purchaser reserves the right to accept or reject any tender
and to annul the tendering process and reject all tenders at any time
prior to contract award without thereby incurring any liability to the
affected Tenderer or Tendererrsquos
29 Notification of Award
291 Prior to the expiration of the period of tender validity the
Purchaser will notify the successful tenderer in writing by registered
letter or by cabletelex or fax to be confirmed in writing by
registered letter that its tender has been accepted
292 The notification of award will constitute the formation of the
Contract
293 Upon the successful Tenderers furnishing of performance
security pursuant to ITT Clause 31 the Purchaser will promptly
notify the name of the winning Tenderer to each unsuccessful
Tenderer and will discharge its earnest money deposit pursuant to
ITT Clause 13
30 Signing of Contract
18
301 At the same time as the Purchaser notifies the successful
tenderer that its tender has been accepted the Purchaser will send
the Tenderer the Contract Form provided in the tender documents
incorporating all agreements between the parties
302 Within 21 days of receipt of the Contract Form the successful
Tenderer shall sign and date the Contract and return it to the
Purchaser
31 Performance Security
311 Within 21 days of the receipt of notification of award from the
Purchaser the successful Tenderer shall furnish the performance
security of 3 of the cost of the machines and equipments
quoted by him The performance security shall be in form of Bank
guarantee 2 payment shall be deducted from each payment which
will make the total performance security to 5 The performance
security shall be released at the end of the contract period
312 Failure of the successful Tenderer to comply with the
requirement of ITT Clause 302 or ITT Clause 311 shall constitute
sufficient grounds for the annulment of the award and forfeiture of
the earnest money deposit in which event the Purchaser may make
the award to the next lowest evaluated Tenderer or call for new
tenders
32 Corrupt or Fraudulent Practices
321 The Government requires that Tendererrsquos Bidders
Contractors observe the highest standard of ethics during the
procurement and execution of Government financed contracts In
pursuance of this policy the Government
(a) defines for the purposes of this provision the terms set forth
as follows
(i) ldquocorrupt practicerdquo means the offering giving receiving or
soliciting of any thing of value to influence the action of a public
official in the procurement process or in contract execution and
(ii) ldquofraudulent practicerdquo means a misrepresentation of facts in
order to influence a procurement process or the execution of a
contract to the detriment of the Government and includes collusive
19
practice among Tenderers (prior to or after tender submission)
designed to establish tender prices at artificial non-competitive
levels and to deprive the Government of the benefits of free and open
competition
(b) will reject a proposal for award if it determines that the
Tenderer recommended for award has engaged in corrupt or
fraudulent practices in competing for the contract in question
(c) will declare a firm ineligible either indefinitely or for a stated
period of time to be awarded a Government financed contract if it at
any time determines that the firm has engaged in corrupt or
fraudulent practices in competing for or in executing a Government-
financed contract
322 Furthermore Tenderers shall be aware of the provision stated
in sub-clause 44 and sub-clause 231 of the General Conditions of
Contract
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
Clause Number Topic
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information
Inspection and Audit by Government
5 Patent Rights
6 Performance Security
7 Inspection and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
20
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
21
General Conditions of Contract
1 Definitions
11 In this Contract the following terms shall be interpreted as
indicated
a The Contract means the agreement entered into between the
Purchaser and the Bidder as recorded in the Contract Form signed
by the parties including all the attachments and appendices thereto
and all documents incorporated by reference therein
b The Contract Price means the price payable to the Bidder
under the Contract for the full and proper performance of its
contractual obligations
c The Goods means all the equipment machinery andor other
materials which the Bidder is required to supply to the Purchaser
under the Contract
d Services means services ancillary to the supply of the Goods
such as transportation and insurance and any other incidental
services such as installation commissioning provision of technical
assistance training and other obligations of the Bidder covered
under the Contract
e ldquoGCCrdquo means the General Conditions of Contract contained in
this section
f ldquoSCCrdquo means the Special Conditions of Contract
g ldquoThe Purchaserrdquo means the organization purchasing the Goods
as named in SCC
h ldquoThe Purchaserrsquos countryrdquo is the country named in SCC
i ldquoThe Bidderrdquo means the individual or firm supplying the Goods
and Services under this Contract
j ldquoThe Governmentrdquo means the Government of Maharashtra
State
k ldquoThe Project Siterdquo where applicable means the place or places
named in SCC
l ldquoDayrdquo means calendar day
2 Application
22
21 These General Conditions shall apply to the extent that
provisions in other parts of the Contract do not supersede them
3 Standards
31 The Goods and machines supplied under this Contract shall
conform to the standards mentioned in the Technical Specifications
given in the technical bid of the bidder and when no applicable
standard is mentioned to the authoritative standard appropriate to
the Goods country of origin and such standards shall be the latest
issued by the concerned institution
4 Use of Contract Documents and Information Inspection
and Audit by the Government
41 The Bidder shall not without the Purchasers prior written
consent disclose the Contract or any provision thereof or any
specification plan drawing pattern sample or information furnished
by or on behalf of the Purchaser in connection therewith to any
person other than a person employed by the Bidder in performance
of the Contract Disclosure to any such employed person shall be
made in confidence and shall extend only so far as may be necessary
for purposes of such performance
42 The Bidder shall not without the Purchaserrsquos prior written
consent make use of any document or information enumerated in
GCC Clause 41 except for purposes of performing the contract
43 Any document other than the Contract itself enumerated in
GCC Clause 41 shall remain the property of the Purchaser and shall
be returned (in all copies) to the Purchaser on completion of the
Bidderrsquos performance under the Contract if so required by the
Purchaser
44 The Bidder shall permit the Government to inspect the Bidderrsquos
accounts and records relating to the performance of the Bidder and
to have them audited by auditors appointed by the Government if so
required by the Government
5 Patent Rights
23
51 The Bidder shall indemnify the Purchaser against all third-
party claims of infringement of patent trademark or industrial
design rights arising from use of the Goods or any part thereof in
India
6 Performance Security
61 Within 21 days of receipt of the notification of contract award
the Bidder shall furnish Performance Security to the Purchaser for an
amount of 5 of the Contract Value valid up to 30 days after the date
of completion of Contract
62 The proceeds of the performance security shall be payable to
the Purchaser as compensation for any loss resulting from the
Bidderrsquos failure to complete its obligations under the Contract
63 The Performance Security shall be denominated in Indian
Rupees and shall be in one of the following forms
a) A Bank guarantee issued by a NationalizedScheduled bank in
the form provided in the tender documents or another form
acceptable to the Purchaser or
b) Crossed demand draft or pay order drawn in favor of the
Purchaser or
64 The Performance Security will be discharged by the Purchaser
and returned to the Bidder not later than 60 days following the date
of completion of the Bidderrsquos performance obligations including any
Warranty obligations under the Contract
7 Inspections and Tests
71 The Purchaser or its representative shall have the right to
inspect andor to test the Goods to confirm their conformity to the
Contract specifications at no extra cost to the Contractor
72 The contractor shall conduct third party inspection from any of
the inspection agency approved by Government of India The cost of
the inspection should be paid by the contractor and no
reimbursement shall be made by AMC for the inspection The
inspection shall be done on the basis of the technical bid submitted
by the tenderer or the approved machines and drawings by AMC
24
73 The inspections and tests may be conducted on the premises of
the Bidder or its subcontractor(s) at point of delivery andor at the
Goods final destination If conducted on the premises of the Bidder or
its subcontractor(s) all reasonable facilities and assistance including
access to drawings and production data - shall be furnished to the
inspectors at no charge to the Purchaser
74 Should any inspected or tested Goods fail to conform to the
specifications the Purchaser may reject the goods and the Bidder
shall either replace the rejected Goods or make alterations necessary
to meet specification requirements free of cost to the Purchaser
75 The Purchasers right to inspect test and where necessary
reject the Goods after the Goods arrival at Project Site shall in no
way be limited or waived by reason of the Goods having previously
been inspected tested and passed by the Purchaser or its
representative prior to the Goods shipment
76 Nothing in GCC Clause 7 shall in any way release the Bidder
from any warranty or other obligations under this Contract
77 Manuals and Drawings
771 Before the goods and equipment are taken over by the
Purchaser the Bidder shall supply operation and maintenance
manuals together with drawings of the goods and equipment These
shall be in such detail as will enable the Purchaser to operate
maintain adjust and repair all parts of the equipment as stated in the
specifications
772 The manuals and drawings shall be in the ruling language
(English) and in such form and numbers as stated in the contract
773 Unless and otherwise agreed the goods and equipment shall
not be considered to be completed for the purpose of taking over
until such manuals and drawings have been supplied to the
Purchaser
8 Packing
25
81 The packing of the goods may not be required however the
documents like operational manual and list of equipments shall be
submitted in two copies in booklet form
9 Delivery and Documents
91 Delivery of the Goods shall be made by the Bidder in
accordance with the terms specified by the Purchaser in the
Notification of Award The bills for the machines shall be submitted
in duplicate The bills for only those equipment will be accepted
whose delivery at site has been done by the bidder
10 Insurance
101 It will the responsibility of the contractor that the Goods and
machines supplied under the Contract shall be fully insured by the
contractor in Indian Rupees against loss or damage incidental to
manufacture or acquisition transportation storage and delivery for
complete duration of the contract For delivery of goods at site the
insurance shall be obtained by the Bidder in an amount equal to
110 of the value of the goods from ldquowarehouse to warehouserdquo
(final destinations) on ldquoAll Risksrdquo basis including War risks and
Strikes
11 Transportation
111 Where the Bidder is required under the Contract to transport
the Goods to a specified place of destination within India defined as
Project site the Bidder as shall be specified in the Contract shall
arrange transport to such place of destination in India including
insurance and the related cost shall be included in the Contract Price
12 Incidental Services
121 The Bidder may be required to provide any or all of the
following services including additional services if any specified in
SCC
a performance or supervision of the on-site assembly andor
start-up of the supplied Goods
b furnishing of tools required for assembly andor maintenance
of the supplied Goods
26
c furnishing of detailed operations and maintenance manual for
each appropriate unit of supplied Goods
d performance or supervision or maintenance andor repair of
the supplied Goods for a period of time agreed by the parties
provided that this service shall not relieve the Bidder of any
warranty obligations under this Contract and
e training of the Purchasers personnel at the Bidderrsquos plant
andor on-site in assembly start-up operation maintenance andor
repair of the supplied Goods
f detailed specifications of each equipment in detail to be
provided
g arrangement of required vehicles and implements for loading
amp unloading of Equipment at Facilities and other required infra for
assembling of equipment
122 Prices charged by the Bidder for incidental services if not
included in the Contract Price for the Goods shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates
charged to other parties by the Bidder for similar services
13 Spare Parts
131 As specified in the SCC the contractor shall be required to
provide any or all of the materials and spare parts at no cost to AMC
132 The Bidder shall carry sufficient inventories to assure ex-stock
supply of consumable spares for the Goods such as gaskets plugs
washers belts etc
14 Warranty
141 The Bidder warrants that the Goods supplied under this
Contract are new unused of the most recent or current models and
that they incorporate all recent improvements in design and
materials unless provided otherwise in the Contract The Bidder
further warrants that all Goods supplied under this Contract shall
have no defect arising from design materials or workmanship
(except when the design andor material is required by the
Purchasers Specifications) or from any act or omission of the Bidder
that may develop under normal use of the supplied Goods in the
conditions prevailing in the country of final destination
27
142 This warranty shall remain valid for 12 months after all the
sections of the entire plant have been delivered and successfully
commissioned and desired outputs are achieved as indicated in the
Contract Although section wise commissioning is proposed the
warranty will come into effect only after completion of all the
sections The Bidder shall in addition comply with the performance
andor consumption guarantees specified under the Contract If for
reasons attributable to the Bidder these guarantees are not attained
in whole or in part the Bidder shall at its discretion either
a make such changes modifications andor additions to the
Goods or any part thereof as may be necessary in order to attain the
contractual guarantees specified in the Contract at its own cost and
expense and to carry out further performance tests in accordance
with SCC Clause 2 OR
b pay liquidated damages to the Purchaser with respect to the
failure to meet the contractual guarantees The rate of these
liquidated damages shall be as specified in the Technical
Specifications
143 If the Bidder having been notified fails to remedy the defect(s)
within 15 days the Purchaser may proceed to take such remedial
action as may be necessary at the Bidderrsquos risk and expense and
without prejudice to any other rights which the Purchaser may have
against the Bidder under the Contract
15 Payment
151 The method and conditions of payment to be made to the
Bidder under this Contract shall be specified in the SCC
152 The Bidderrsquos request(s) for payment shall be made to the
Purchaser in writing accompanied by an invoice describing as
appropriate the Goods delivered and the Services performed and by
documents submitted pursuant to GCC Clause 9 and upon fulfillment
of other obligations stipulated in the contract
153 Payments shall be made promptly by the Purchaser but in no
case later than thirty (30) days after submission of the invoice or
claim by the Bidder
28
154 Payment shall be made in Indian Rupees
16 Prices
161 Prices payable to the Bidder as stated in the contract shall be
firm during the performance of the contract
17 Change Orders
171 The Purchaser may at any time by written order given to the
Bidder pursuant to GCC Clause 31 make changes within the general
scope of the Contract in any one or more of the following
a drawings designs or specifications where Goods to be
furnished under the Contract are to be specifically manufactured for
the Purchaser
b the Services to be provided by the Bidder
172 If any such change causes an increase or decrease in the cost of
or the time required for the Bidderrsquos performance of any provisions
under the Contract an equitable adjustment shall be made in the
Contract Price or delivery schedule or both and the Contract shall
accordingly be amended Any claims by the Bidder for adjustment
under this clause must be asserted within thirty (30) days from the
date of the Bidderrsquos receipt of the Purchasers change order
18 Contract Amendments
181 Subject to GCC Clause 17 no variation in or modification of the
terms of the Contract shall be made except by written amendment
signed by the parties
19 Assignment
191 The Bidder shall not assign in whole or in part its obligations
to perform under the Contract except with the Purchasers prior
written consent
20 Subcontracts
201 Any subcontracting work should be done after confirmation of
the same from the AMC
21 Delays in the Bidderrsquos Performance
29
211 Delivery of the Goods and performance of the Services shall be
made by the Bidder in accordance with the time schedule specified
by the Purchaser in the Schedule of Requirements
212 If at any time during performance of the Contract the Bidder or
its sub-contractor(s) should encounter conditions impeding timely
delivery of the Goods and performance of Services the Bidder shall
promptly notify the Purchaser in writing of the fact of the delay its
likely duration and its cause(s) As soon as practicable after receipt of
the Bidderrsquos notice the Purchaser shall evaluate the situation and
may at its discretion extend the Bidderrsquos time for performance with
or without liquidated damages in which case the extension shall be
ratified by the parties by amendment of the Contract
213 Except as provided under GCC Clause 24 a delay by the Bidder
in the performance of its delivery obligations shall render the Bidder
liable to the imposition of liquidated damages pursuant to GCC
Clause 22 unless an extension of time is agreed upon pursuant to
GCC Clause 212 without the application of liquidated damages
22 Liquidated Damages
221 Subject to GCC Clause 24 if the Bidder fails to deliver any or all
of the Goods or to perform the Services within the period(s) specified
in the Contract the Purchaser shall without prejudice to its other
remedies under the Contract deduct from the Contract Price as
liquidated damages a sum equivalent to 2 of the delivered price of
the delayed Goods or unperformed Services for each week or part
thereof of delay until actual delivery or performance up to a
maximum deduction of 10 of the Contract Price Once the
maximum is reached the Purchaser may consider termination of the
Contract pursuant to GCC Clause 23 Liquidated Damages is applicable
only up to commission and trial run period and not applicable to AMC
phase of the Contract
23 Termination for Default
30
231 The Purchaser may without prejudice to any other remedy for
breach of contract by written notice of default sent to the Bidder
terminate the Contract in whole or part
a if the Bidder fails to deliver any or all of the Goods within the
period(s) specified in the Contract or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 21 or
b if the Bidder fails to perform any other obligation(s) under the
Contract
c If the Bidder in the judgement of the Purchaser has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract
For the purpose of this Clause
ldquoCorrupt practicerdquo means the offering giving receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution
ldquofraudulent practicerdquo means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition
232 In the event the Purchaser terminates the Contract in whole or
in part pursuant to GCC Clause 231 the Purchaser may procure
upon such terms and in such manner as it deems appropriate Goods
or Services similar to those undelivered and the Bidder shall be
liable to the Purchaser for any excess costs for such similar Goods or
Services However the Bidder shall continue the performance of the
Contract to the extent not terminated
24 Force Majeure
241 Not with standing the provisions of GCC Clauses 21 22 23 the
Bidder shall not be liable for forfeiture of its performance security
liquidated damages or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
3
SECTION II INSTRUCTION TO TENDERERS
A Introduction
1 Eligible Tenderers
11 The tender is open to all bidders who satisfy the qualification
criteria
12 The tenderer should be a registered legal entity Joint ventures
are allowed
13 Tenderers should not be associated or have been associated in
the past directly or indirectly with a firm or any of its affiliates
which have been engaged by the Purchaser to provide consulting
services for the preparation of the design specifications and other
documents to be used for the procurement of the goods to be
purchased under this Invitation of Tenders
14 Tenderers shall not be under a declaration of ineligibility for
corrupt and fraudulent practices issued by Government of
Maharashtra or India
2 Cost of Tendering
21 The Tenderer shall bear all costs associated with the
preparation and submission of its tender and AMC hereinafter
referred to as the Purchaser will in no case be responsible or liable
for these costs regardless of the conduct or outcome of the tender
process
B The Tender Documents
3 Contents of Tender Documents
31 The goods required tendering procedures and contract terms
are prescribed in the tender documents In addition to the Invitation
for Tenders the tender documents include
a Instruction to Tenderers (ITT)
b General Conditions of Contract (GCC)
c Special Conditions of Contract (SCC)
d Schedule of Requirements
4
e Technical Specifications
f Tender Form and Price Schedules
g Earnest Money Deposit Form
h Contract Form
i Performance Security Form
j Performance Statement Form
32 The Tenderer is expected to examine all instructions forms
terms and specifications in the tender documents Failure to furnish
all information required by the tender documents or submission of a
tender not substantially responsive to the tender documents in every
respect will be at the Tendererrsquos risk and may result in rejection of its
tender
4 Clarification of Tender Documents
41 The electronic bidding system provides for online
clarifications A prospective tenderer requiring any clarification may
notify online the authority inviting the bid The authority-inviting bid
will respond to any request(s) for clarification received in writing up
to pre-bid meeting Description of clarification sought and the
response of the authority inviting the bid will be uploaded for
information of the public or other bidders without identifying the
source of request for clarification
The Tenderer or his official representative is invited to attend a pre-
bid meeting which will take place at the office of the ldquoCommissioner
Ahmednagar Municipal Corporationrdquo
42 The purpose of the meeting will be to clarify issues and to
answer questions on any matter that may be raised at that stage
43 The Tenderer is requested to submit any questions in written
addressed to the commissioner Ahmednagar Municipal Corporation
not later than day of pre-bid meeting
44 Minutes of the meeting including the text of the questions
raised (without identifying the source of enquiry) and the responses
given will be uploaded on the website
httpamcmaharashtraetendersin Any modification of the
5
bidding documents which may become necessary as a result of the
pre-bid meeting shall be made by the Purchaser exclusively through
the issue of an Addendum in pursuant to Clause 5 of IT Band
45 Non-attendance at the pre-bid meeting will not be a cause for
disqualification of a bidder
5 Amendment of Tender Documents (l)
51 At any time prior to the deadline for submission of tenders the
Purchaser may for any reason whether at its own initiative or in
response to a clarification requested by a prospective tenderer
modify the tender documents by amendment
52 The addendum will appear on the web page of the website
httpamcmaharashtraetendersin
53 In order to allow prospective tenderers reasonable time in
which to take the amendment into account in preparing their
tenders the Purchaser at its discretion may extend the deadline for
the submission of tenders
C Preparation of Tenders
6 Language of Tender
61 The tender prepared by the Tenderer as well as all
correspondence and documents relating to the tender exchanged by
the Tenderer and the Purchaser shall be written in English language
Supporting documents and printed literature furnished by the
Tenderer may be in another language provided they are
accompanied by an accurate translation of the relevant passages in
the English language in which case for purposes of interpretation of
the Tender the translation shall govern
7 Documents Constituting the Tender
a Technical Cover
The bidding is a single stage two cover system (First Cover
(Technical) and Second Cover (Financial)) and Successful Bidder to
be selected on Least Cost Selection (LCS) The bidder shall attach the
detailed technical specification of the machines proposed by him in
6
the technical bid The bidder shall attach the flow chart and detailed
proposed Biomethnation plant in the technical bid
The technical proposal will be evaluated and the proposal which are
found technically sound and satisfy other eligibility criteria shall be
called for presentation before the committee If committee finds the
offer technically viable the bidder shall be technically qualified
71 While preparing the Technical Tender Operator is expected to
examine the documents comprising this bid document Material
deficiencies in providing the information requested may result in
rejection of a tender The tender prepared by the Tenderer shall
comprise the following components
a) Documentary evidence established in accordance with ITT
Clause 11 that the Tenderer is eligible to tender and is qualified to
perform the contract if its tender is accepted
b) Documentary evidence established in accordance with ITT
Clause 12 that the goods and ancillary services to be supplied by the
Tenderer are eligible goods and services and conform to the tender
documents and
c) Earnest money deposit furnished in accordance with ITT
Clause 13
8 Tender Form
81 The Tenderer shall complete the Tender Form and the Price
Schedule furnished in the tender documents indicating the goods to
be supplied a brief description of the Design Supply Installation
Erection commissioning and Operation amp Maintenance of Municipal
Solid Waste Treatment Equipmentrsquos and Machineries their country of
origin quantity and prices
b Financial Cover
9 Tender Prices
91 The Tenderer shall indicate on the Price Schedule of the unit
prices and total tender prices of the Design supply installation
7
erection commissioning of Two Biomethanation plant of 5 TPD each
capacity with operation amp maintenance for 1 YEAR at Burudgaon
Depo Ahmednagar
92 Tenderers shall quote for the complete requirement of
processing machinery with vehicles goods and services specified
under single responsibility basis The least bidder shall be awarded
the work
93 Prices indicated on the Price Schedule shall be inclusive of the
following
(i) The price of the goods and services quoted (proposed
Biomethanation Plant including Design Supply Installation erection
commissioning and Operation amp Maintenance as applicable) shall
include all duties and sales and other taxes already paid or payable
by the tenderer
(ii) Any duties sales and other taxes which will be payable on the
goods shall be borne by the contractor if this Contract is awarded
(iii) The price for inland transportation insurance and other local
costs incidental to delivery of the goods to their final destination and
(iv) Cost towards erection and commissioning at site including
foundation
94 Prices quoted by the Tenderer shall be fixed during the
Tendererrsquos performance of the Contract and not subject to variation
on any account A tender submitted with an adjustable price
quotation will be treated as non- responsive and rejected pursuant
to ITT Clause 22
10 Tender Currency
101 Prices shall be quoted in Indian Rupees
11 Documents Establishing Tenderers Eligibility and
Qualifications
111 Pursuant to ITT Clause 7 the Tenderer shall furnish as part of
its Tender documents establishing the Tendererrsquos eligibility to
8
tender and its qualifications to perform the Contract if its tender is
accepted
112 The documentary evidence of the Tenderers qualifications to
perform the Contract if its tender is accepted shall establish to the
Purchasers satisfaction
a) That the average financial turnover of the bidder is 1 crore
in last 3 financial years
b) That The tenderer must have experience of Supply
installation and Commissioning of at least one Bio methanation
plant of 5 TPD capacity in India within last 1 years
Or
b) The bidder must have technology transfer agreement with
BARC (Bhabha Atomic Research Center ) for Biomethanation
plant
Bidder are required to submit Work order copies and
ExecutionCompletion Certificate Technology Transfer Certificate
from BARC AMC may call for original certificates for verification
12 Documents Establishing Goods Eligibility and Conformity
to Tender Documents
121 Pursuant to ITB Clause 7 the Tenderer shall furnish as part of
its tender documents establishing the eligibility and conformity to
the tender documents of all goods and services which the tenderer
proposes to supply under the contract
122 The documentary evidence of conformity of the goods and
services to the tender documents may be in the form of literature
drawings and data and shall consist of
a) a detailed description of the proposed essential technical and
performance characteristics of the goods and machines
b) a list giving full particulars including available sources and
current prices of spare parts special tools etc necessary for the
9
proper and continuing functioning of the goods for a period of one
years following commencement of the use of the goods by the
Purchaser and
c) an item-by-item commentary on the Purchasers Technical
Specifications demonstrating substantial responsiveness of the goods
and services to those specifications or a statement of deviations and
exceptions to the provisions of the Technical Specifications
123 For purposes of the commentary to be furnished pursuant to
ITT Clause 122(c) above the Tenderer shall note that standards for
workmanship material and equipment and references to brand
names or catalogue numbers designated by the Purchaser in its
Technical Specifications are intended to be descriptive only and not
restrictive The Tenderer may substitute alternative standards brand
names andor catalogue numbers in its tender provided that it
demonstrates to the Purchasers satisfaction that the substitutions
ensure substantial equivalence to those designated in the Technical
Specifications
13 Earnest Money Deposit
131 Pursuant to ITT Clause 7 the Tenderer shall furnish as part of
its tender earnest money deposit in the amount as specified in
Section-V - Schedule of Requirements
132 The earnest money deposit is required to protect the Purchaser
against the risk of Tenderers conduct which would warrant the
securitys forfeiture pursuant to ITB Clause 137
133 The earnest money deposit shall be denominated in Indian
Rupees and shall be paid online only on the portal
134 Any tender not secured in accordance with ITT Clauses 131
and the Purchaser as non-responsive pursuant to ITT Clause 22 will
reject 133 above
135 Unsuccessful Tenderers earnest money deposit will be
dischargedreturned as promptly as possible but not later than 30
days after the expiration of the period of tender validity prescribed
by the Purchaser pursuant to ITT Clause 14
10
136 The successful Tenderers earnest money deposit will be
discharged upon the Tenderer signing the Contract pursuant to ITT
Clause 30 and furnishing the performance security pursuant to ITB
Clause 31
137 The tender security may be forfeited
(a) if a Tenderer (i) withdraws its tender during the period of
tender validity specified by the Tenderer on the Tender Form or (ii)
does not accept the correction of errors pursuant to ITT Clause 222
or
(b) in case of a successful Tenderer if the Tenderer fails (i) to sign
the Contract in accordance with ITT Clause 30 or (ii) to furnish
performance security in accordance with ITT Clause 31
14 Period of Validity of Tenders
141 Tenders shall remain valid for 120 days after the deadline for
submission of tenders prescribed by the Purchaser pursuant to ITT
Clause 17 A tender valid for a shorter period shall be rejected by the
Purchaser as non-responsive
142 In exceptional circumstances the Purchaser may solicit the
Tenderers consent to an extension of the period of validity The
request and the responses thereto shall be made in writing (or by
cable or telex or fax) The earnest money deposit provided under ITT
Clause 13 shall also be suitably extended A Tenderer may refuse the
request without forfeiting its earnest money deposit A Tenderer
granting the request will not be required nor permitted to modify its
tender
15 Format and Signing of Tender
151 Bidders shall submit offers that comply with the requirements
of the bidding documents including the basic technical design as
indicated in the drawing and specifications Alternatives will not be
considered
11
D Submission of Bids
16 Bidding through E-Tendering System
161 The tendering under this contract is electronic bid submission
through website httpamcmaharashtraetendersin Detailed
guidelines for viewing bids and submission of online bids are given
on the website The Invitation for Tenders is published on this
website Any citizen or prospective tenderer can logon to this
website and view the Invitation for Tenders and can view the details
of works for which bids are invited The prospective tenderer can
submit tenders online however the bidder is required to have
enrolmentregistration in the website and should have valid Digital
Signature Certificate (DSC) The DSC can be obtained from any
authorized certifying agencies The tenderer should register in the
web site httpamcmaharashtraetendersin After this the
tenderer can login the site through the secured login Bidders are
requested to go through the bid documents carefully and submit the
required information without exception otherwise bids will be
rejected
162 The completed tender should be uploaded on the website
given above through e-tendering along with scanned copies of
requisite certificates as are mentioned in different sections in the
bidding document and scanned copy of the Bid Security No financial
quote shall be uploaded as part of the Technical Bid
163 The bidder shall submit online the requirements under
qualification criteria and Technical and Financial parts The contents
of the Post Qualification and Technical and Financial bid shall be as
specified in ITT After electronic on line bid submission the system
generates a unique bid reference number which is time stamped
This shall be treated as acknowledgement of bid submission
17 Deadline for Submission of the Bids
171 Bids must be received by the Employer online not later than
the due date as specified in the online portal
172 The Employer may extend the deadline for submission of bids
by issuing an amendment in accordance with Clause 5 in which case
12
all rights and obligations of the Employer and the bidders previously
subject to the original deadline will then be subject to the new
deadline
18 Late Bids
181 The electronic bidding system would not allow any late
submission of bids after due date and time as per server time
19 Modification and Withdrawal of Bids
191 Tenderers may modify their bids online before the deadline
prescribed in Clause 17 for bid modification and consequential re-
submission
192 No tenders may be modified after the deadline for submission
of Bids
193 Withdrawal or modification of a tender between the deadline
for submission of tender and the expiration of the original period of
bid validity specified in Clause 141 above or as extended pursuant to
Clause 142 is not allowed in the e-procurement system If a tenderer
does the same through any other medium then it may result in the
forfeiture of the Tender security pursuant to Clause 137
E Tender Opening and Evaluation of Tenders
20 Opening of Tenders by the Purchaser
201 The Purchaser will open all the Technical Cover in the
presence of Tenderersrsquo representatives who choose to attend as per
e-portal
The Tendererrsquos representatives who are present shall sign a register
evidencing their attendance In the event of the specified date of
Tender opening being declared a holiday for the Purchaser the
tenders shall be opened at the appointed time and location on the
next working day
202 The Tendererrsquos names tender modifications or withdrawals
tender prices discounts and the presence or absence of requisite
tender security and such other details as the Purchaser at its
discretion may consider appropriate will be announced at the
opening No tender shall be rejected at tender opening except for late
13
tenders which shall be returned unopened to the Tenderer pursuant
to ITT Clause 18
203 Tenders (and modifications sent pursuant to ITT Clause 192)
that are not opened and read out at tender opening shall not be
considered further for evaluation irrespective of the circumstances
204 The Purchaser will prepare minutes of the tender opening The
Financial Bid of the successful bidders only will be opened after
completion of technical bid evaluation
21 Clarification of Tenders
During evaluation of tenders the Purchaser may at its discretion ask
the Tenderer for a clarification of its tender The request for
clarification and the response shall be in writing and no change in
prices or substance of the tender shall be sought offered or
permitted
22 Preliminary Examination
221 The Purchaser will examine the technical bid to determine
whether they are complete whether required sureties have been
furnished and whether the tenders are generally in order
2211 The evaluation committee appointed by the Employer as
a whole and each of its members individually will evaluate the
Technical Bids on the basis of their responsiveness to the ITB A Bid
shall be rejected at this stage if it does not respond to important
aspects of the Bid Document
222 After the evaluation of technical Bid is completed the
Purchaser shall notify those bidders whose Bids meet the
qualification criteria as detailed in Section VII or were considered
responsive to the bid document indicating that the presentation has
to be made by their company After presentation by the company the
committee members or the person authorized by the commissioner
may visit the plant established by the bidder The bidder to whom the
committee is satisfied with the documents and the presentation and
the site visit if required will be informed as technically qualified
bidders
14
223 The financial bid opening date shall not be informed to the
technically disqualified bidders
2231 The Financial Cover shall be opened publicly in the
presence of the bidders representatives who choose to attend The
bid opening shall be online only
2232 The evaluation committee will determine whether the
Financial Bids are complete correct any computational errors
Arithmetical errors will be rectified on the following basis If there is
a discrepancy between the unit price and the total price that is
obtained by multiplying the unit price and quantity the unit price
shall prevail and the total price shall be corrected If there is a
discrepancy between words and figures the lower of the two will
prevail If the Bidder does not accept the correction of errors its
tender will be rejected and its tender security may be forfeited
2233 All necessary civil work and other related works for
Biomethanation plant is to be done by the successful bidder AMC
shall provide the land road upto the plant site electric connection
upto the plant site AMC shall provide approximately 5 TPD non-veg
organic waste and 5 TPD organic (Veg) waste as feed for each
seperate plant
2234 During the contract period and always the processing
plant machines land and civil works shall be the property of AMC At
the time of handover of the plant to AMC the contractor shall
handover the plant in good running condition If it is found that the
plant is inoperative or needs any repairs and maintenance the
contractor should either repair it to satisfaction of the AMC or if AMC
get it done by its own resources the amount shall be deducted from
the performance security deposit submitted by the contractor
2235 This biding is called for Burudgaon Depo location The
selection procedure of the successful bidder shall be as under
a Whereas successful bidder shall be the bidder quoting lowest for
the Supply Installation Erection commissioning and Operation amp
Maintenance of Municipal Solid Waste Treatment Equipmentrsquos and
Machineries (L-1)
15
b The cost of the MSW Plant and allied accessories for operation
of the plant quoted by the bidder shall be paid by the AMC as per the
payment schedule given in the tender document The value of the
processing plant and allied accessories wit OampM quoted by the
bidder shall be the sole bidding criteria for the tender
c The successful contractor shall not be paid any kind tipping
fees for operating the plant The contractor shall sell the products
(GasElectricitycompostothers) recovered from the processing of
the waste to recover the operation and maintenance cost and the
profits
224 Term of Contract
The term of the contract shall be 1 YEAR and can be renewed for a
similar term if the performance of the contractor is satisfactory
225 Scope of Work
The scope of the work shall be processing of the 5 + 5 TPD waste for
each site (two sites)received at site The rejects from the processing
should not be more than 15 of the total waste The rejects shall be
kept at one side of the site from where the CampT contractor shall lift
the waste and transport it to landfill site
226 Prior to the detailed evaluation pursuant to ITB Clause 23 the
Purchaser will determine the substantial responsiveness of each
tender to the tender documents For purposes of these Clauses a
substantially responsive tender is one which conforms to all the
terms and conditions of the tender documents without material
deviations Deviations from or objections or reservations to critical
provisions such as those concerning Performance Security (GCC
Clause 6) Warranty (GCC Clause 14) Force Majeure (GCC Clause 24)
Limitation of liability (GCC Clause 28) Applicable law (GCC Clause
30) and Taxes amp Duties (GCC Clause 32) will be deemed to be a
material deviation The Purchasers determination of a tenders
responsiveness is to be based on the contents of the tender itself
without recourse to extrinsic evidence
16
227 If a tender is not substantially responsive it will be rejected by
the Purchaser and may not subsequently be made responsive by the
Tenderer by correction of the non-conformity
23 Evaluation and Comparison of Tenders
231 The Purchaser will evaluate and compare the tenders which
have been determined to be substantially responsive pursuant to ITT
Clause 22 for each schedule separately No tender will be considered
if the complete requirements covered in the schedule is not included
in the tender However as stated in ITT Clause 9 The tenderer shall
quote his final prices taken into account all discounts
24 Contacting the Purchaser
241 Subject to ITT Clause 21 no Tenderer shall contact the
Purchaser on any matter relating to its tender from the time of the
tender opening to the time the Contract is awarded If the tenderer
wishes to bring additional information to the notice of the purchaser
it should do so in writing
242 Any effort by a Tenderer to influence the Purchaser in its
decisions on tender evaluation tender comparison or contract award
may result in rejection of the Tenderers tender
F Award of Contract
25 Post qualification
251 In the absence of prequalification the Purchaser will determine
to its satisfaction whether the Tenderer that is selected as having
submitted the lowest evaluated responsive tender meets the criteria
specified in ITT Clause 112 (b) and is qualified to perform the
contract satisfactorily
252 The determination will take into account the Tenderers
financial technical and production capabilities It will be based upon
an examination of the documentary evidence of the Tenderers
qualifications submitted by the Tenderer pursuant to ITT Clause 11
as well as such other information as the Purchaser deems necessary
and appropriate
26 Award Criteria
17
261 Subject to ITT Clause 28 the Purchaser will award the Contract
to the successful Tenderer whose tender has been determined to be
substantially responsive and has been determined as the lowest
evaluated tender provided further that the Tenderer is determined
to be qualified to perform the Contract satisfactorily
27 Right to vary Quantities
271 The contractor shall have to erect the machines proposed by
him in the technical bid and presentation However during the
contract duration for better performance of the processing plant the
contractor shall be free to add the machines vehicles and civil works
at no cost to AMC The contractor shall not be allowed to sell the
installed machines as AMC has already paid the contractor for the
machines and ownership of the machines always lies with the AMC
28 Purchasers Right to Accept Any Tender and to Reject Any
or All Tenders
281 The Purchaser reserves the right to accept or reject any tender
and to annul the tendering process and reject all tenders at any time
prior to contract award without thereby incurring any liability to the
affected Tenderer or Tendererrsquos
29 Notification of Award
291 Prior to the expiration of the period of tender validity the
Purchaser will notify the successful tenderer in writing by registered
letter or by cabletelex or fax to be confirmed in writing by
registered letter that its tender has been accepted
292 The notification of award will constitute the formation of the
Contract
293 Upon the successful Tenderers furnishing of performance
security pursuant to ITT Clause 31 the Purchaser will promptly
notify the name of the winning Tenderer to each unsuccessful
Tenderer and will discharge its earnest money deposit pursuant to
ITT Clause 13
30 Signing of Contract
18
301 At the same time as the Purchaser notifies the successful
tenderer that its tender has been accepted the Purchaser will send
the Tenderer the Contract Form provided in the tender documents
incorporating all agreements between the parties
302 Within 21 days of receipt of the Contract Form the successful
Tenderer shall sign and date the Contract and return it to the
Purchaser
31 Performance Security
311 Within 21 days of the receipt of notification of award from the
Purchaser the successful Tenderer shall furnish the performance
security of 3 of the cost of the machines and equipments
quoted by him The performance security shall be in form of Bank
guarantee 2 payment shall be deducted from each payment which
will make the total performance security to 5 The performance
security shall be released at the end of the contract period
312 Failure of the successful Tenderer to comply with the
requirement of ITT Clause 302 or ITT Clause 311 shall constitute
sufficient grounds for the annulment of the award and forfeiture of
the earnest money deposit in which event the Purchaser may make
the award to the next lowest evaluated Tenderer or call for new
tenders
32 Corrupt or Fraudulent Practices
321 The Government requires that Tendererrsquos Bidders
Contractors observe the highest standard of ethics during the
procurement and execution of Government financed contracts In
pursuance of this policy the Government
(a) defines for the purposes of this provision the terms set forth
as follows
(i) ldquocorrupt practicerdquo means the offering giving receiving or
soliciting of any thing of value to influence the action of a public
official in the procurement process or in contract execution and
(ii) ldquofraudulent practicerdquo means a misrepresentation of facts in
order to influence a procurement process or the execution of a
contract to the detriment of the Government and includes collusive
19
practice among Tenderers (prior to or after tender submission)
designed to establish tender prices at artificial non-competitive
levels and to deprive the Government of the benefits of free and open
competition
(b) will reject a proposal for award if it determines that the
Tenderer recommended for award has engaged in corrupt or
fraudulent practices in competing for the contract in question
(c) will declare a firm ineligible either indefinitely or for a stated
period of time to be awarded a Government financed contract if it at
any time determines that the firm has engaged in corrupt or
fraudulent practices in competing for or in executing a Government-
financed contract
322 Furthermore Tenderers shall be aware of the provision stated
in sub-clause 44 and sub-clause 231 of the General Conditions of
Contract
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
Clause Number Topic
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information
Inspection and Audit by Government
5 Patent Rights
6 Performance Security
7 Inspection and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
20
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
21
General Conditions of Contract
1 Definitions
11 In this Contract the following terms shall be interpreted as
indicated
a The Contract means the agreement entered into between the
Purchaser and the Bidder as recorded in the Contract Form signed
by the parties including all the attachments and appendices thereto
and all documents incorporated by reference therein
b The Contract Price means the price payable to the Bidder
under the Contract for the full and proper performance of its
contractual obligations
c The Goods means all the equipment machinery andor other
materials which the Bidder is required to supply to the Purchaser
under the Contract
d Services means services ancillary to the supply of the Goods
such as transportation and insurance and any other incidental
services such as installation commissioning provision of technical
assistance training and other obligations of the Bidder covered
under the Contract
e ldquoGCCrdquo means the General Conditions of Contract contained in
this section
f ldquoSCCrdquo means the Special Conditions of Contract
g ldquoThe Purchaserrdquo means the organization purchasing the Goods
as named in SCC
h ldquoThe Purchaserrsquos countryrdquo is the country named in SCC
i ldquoThe Bidderrdquo means the individual or firm supplying the Goods
and Services under this Contract
j ldquoThe Governmentrdquo means the Government of Maharashtra
State
k ldquoThe Project Siterdquo where applicable means the place or places
named in SCC
l ldquoDayrdquo means calendar day
2 Application
22
21 These General Conditions shall apply to the extent that
provisions in other parts of the Contract do not supersede them
3 Standards
31 The Goods and machines supplied under this Contract shall
conform to the standards mentioned in the Technical Specifications
given in the technical bid of the bidder and when no applicable
standard is mentioned to the authoritative standard appropriate to
the Goods country of origin and such standards shall be the latest
issued by the concerned institution
4 Use of Contract Documents and Information Inspection
and Audit by the Government
41 The Bidder shall not without the Purchasers prior written
consent disclose the Contract or any provision thereof or any
specification plan drawing pattern sample or information furnished
by or on behalf of the Purchaser in connection therewith to any
person other than a person employed by the Bidder in performance
of the Contract Disclosure to any such employed person shall be
made in confidence and shall extend only so far as may be necessary
for purposes of such performance
42 The Bidder shall not without the Purchaserrsquos prior written
consent make use of any document or information enumerated in
GCC Clause 41 except for purposes of performing the contract
43 Any document other than the Contract itself enumerated in
GCC Clause 41 shall remain the property of the Purchaser and shall
be returned (in all copies) to the Purchaser on completion of the
Bidderrsquos performance under the Contract if so required by the
Purchaser
44 The Bidder shall permit the Government to inspect the Bidderrsquos
accounts and records relating to the performance of the Bidder and
to have them audited by auditors appointed by the Government if so
required by the Government
5 Patent Rights
23
51 The Bidder shall indemnify the Purchaser against all third-
party claims of infringement of patent trademark or industrial
design rights arising from use of the Goods or any part thereof in
India
6 Performance Security
61 Within 21 days of receipt of the notification of contract award
the Bidder shall furnish Performance Security to the Purchaser for an
amount of 5 of the Contract Value valid up to 30 days after the date
of completion of Contract
62 The proceeds of the performance security shall be payable to
the Purchaser as compensation for any loss resulting from the
Bidderrsquos failure to complete its obligations under the Contract
63 The Performance Security shall be denominated in Indian
Rupees and shall be in one of the following forms
a) A Bank guarantee issued by a NationalizedScheduled bank in
the form provided in the tender documents or another form
acceptable to the Purchaser or
b) Crossed demand draft or pay order drawn in favor of the
Purchaser or
64 The Performance Security will be discharged by the Purchaser
and returned to the Bidder not later than 60 days following the date
of completion of the Bidderrsquos performance obligations including any
Warranty obligations under the Contract
7 Inspections and Tests
71 The Purchaser or its representative shall have the right to
inspect andor to test the Goods to confirm their conformity to the
Contract specifications at no extra cost to the Contractor
72 The contractor shall conduct third party inspection from any of
the inspection agency approved by Government of India The cost of
the inspection should be paid by the contractor and no
reimbursement shall be made by AMC for the inspection The
inspection shall be done on the basis of the technical bid submitted
by the tenderer or the approved machines and drawings by AMC
24
73 The inspections and tests may be conducted on the premises of
the Bidder or its subcontractor(s) at point of delivery andor at the
Goods final destination If conducted on the premises of the Bidder or
its subcontractor(s) all reasonable facilities and assistance including
access to drawings and production data - shall be furnished to the
inspectors at no charge to the Purchaser
74 Should any inspected or tested Goods fail to conform to the
specifications the Purchaser may reject the goods and the Bidder
shall either replace the rejected Goods or make alterations necessary
to meet specification requirements free of cost to the Purchaser
75 The Purchasers right to inspect test and where necessary
reject the Goods after the Goods arrival at Project Site shall in no
way be limited or waived by reason of the Goods having previously
been inspected tested and passed by the Purchaser or its
representative prior to the Goods shipment
76 Nothing in GCC Clause 7 shall in any way release the Bidder
from any warranty or other obligations under this Contract
77 Manuals and Drawings
771 Before the goods and equipment are taken over by the
Purchaser the Bidder shall supply operation and maintenance
manuals together with drawings of the goods and equipment These
shall be in such detail as will enable the Purchaser to operate
maintain adjust and repair all parts of the equipment as stated in the
specifications
772 The manuals and drawings shall be in the ruling language
(English) and in such form and numbers as stated in the contract
773 Unless and otherwise agreed the goods and equipment shall
not be considered to be completed for the purpose of taking over
until such manuals and drawings have been supplied to the
Purchaser
8 Packing
25
81 The packing of the goods may not be required however the
documents like operational manual and list of equipments shall be
submitted in two copies in booklet form
9 Delivery and Documents
91 Delivery of the Goods shall be made by the Bidder in
accordance with the terms specified by the Purchaser in the
Notification of Award The bills for the machines shall be submitted
in duplicate The bills for only those equipment will be accepted
whose delivery at site has been done by the bidder
10 Insurance
101 It will the responsibility of the contractor that the Goods and
machines supplied under the Contract shall be fully insured by the
contractor in Indian Rupees against loss or damage incidental to
manufacture or acquisition transportation storage and delivery for
complete duration of the contract For delivery of goods at site the
insurance shall be obtained by the Bidder in an amount equal to
110 of the value of the goods from ldquowarehouse to warehouserdquo
(final destinations) on ldquoAll Risksrdquo basis including War risks and
Strikes
11 Transportation
111 Where the Bidder is required under the Contract to transport
the Goods to a specified place of destination within India defined as
Project site the Bidder as shall be specified in the Contract shall
arrange transport to such place of destination in India including
insurance and the related cost shall be included in the Contract Price
12 Incidental Services
121 The Bidder may be required to provide any or all of the
following services including additional services if any specified in
SCC
a performance or supervision of the on-site assembly andor
start-up of the supplied Goods
b furnishing of tools required for assembly andor maintenance
of the supplied Goods
26
c furnishing of detailed operations and maintenance manual for
each appropriate unit of supplied Goods
d performance or supervision or maintenance andor repair of
the supplied Goods for a period of time agreed by the parties
provided that this service shall not relieve the Bidder of any
warranty obligations under this Contract and
e training of the Purchasers personnel at the Bidderrsquos plant
andor on-site in assembly start-up operation maintenance andor
repair of the supplied Goods
f detailed specifications of each equipment in detail to be
provided
g arrangement of required vehicles and implements for loading
amp unloading of Equipment at Facilities and other required infra for
assembling of equipment
122 Prices charged by the Bidder for incidental services if not
included in the Contract Price for the Goods shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates
charged to other parties by the Bidder for similar services
13 Spare Parts
131 As specified in the SCC the contractor shall be required to
provide any or all of the materials and spare parts at no cost to AMC
132 The Bidder shall carry sufficient inventories to assure ex-stock
supply of consumable spares for the Goods such as gaskets plugs
washers belts etc
14 Warranty
141 The Bidder warrants that the Goods supplied under this
Contract are new unused of the most recent or current models and
that they incorporate all recent improvements in design and
materials unless provided otherwise in the Contract The Bidder
further warrants that all Goods supplied under this Contract shall
have no defect arising from design materials or workmanship
(except when the design andor material is required by the
Purchasers Specifications) or from any act or omission of the Bidder
that may develop under normal use of the supplied Goods in the
conditions prevailing in the country of final destination
27
142 This warranty shall remain valid for 12 months after all the
sections of the entire plant have been delivered and successfully
commissioned and desired outputs are achieved as indicated in the
Contract Although section wise commissioning is proposed the
warranty will come into effect only after completion of all the
sections The Bidder shall in addition comply with the performance
andor consumption guarantees specified under the Contract If for
reasons attributable to the Bidder these guarantees are not attained
in whole or in part the Bidder shall at its discretion either
a make such changes modifications andor additions to the
Goods or any part thereof as may be necessary in order to attain the
contractual guarantees specified in the Contract at its own cost and
expense and to carry out further performance tests in accordance
with SCC Clause 2 OR
b pay liquidated damages to the Purchaser with respect to the
failure to meet the contractual guarantees The rate of these
liquidated damages shall be as specified in the Technical
Specifications
143 If the Bidder having been notified fails to remedy the defect(s)
within 15 days the Purchaser may proceed to take such remedial
action as may be necessary at the Bidderrsquos risk and expense and
without prejudice to any other rights which the Purchaser may have
against the Bidder under the Contract
15 Payment
151 The method and conditions of payment to be made to the
Bidder under this Contract shall be specified in the SCC
152 The Bidderrsquos request(s) for payment shall be made to the
Purchaser in writing accompanied by an invoice describing as
appropriate the Goods delivered and the Services performed and by
documents submitted pursuant to GCC Clause 9 and upon fulfillment
of other obligations stipulated in the contract
153 Payments shall be made promptly by the Purchaser but in no
case later than thirty (30) days after submission of the invoice or
claim by the Bidder
28
154 Payment shall be made in Indian Rupees
16 Prices
161 Prices payable to the Bidder as stated in the contract shall be
firm during the performance of the contract
17 Change Orders
171 The Purchaser may at any time by written order given to the
Bidder pursuant to GCC Clause 31 make changes within the general
scope of the Contract in any one or more of the following
a drawings designs or specifications where Goods to be
furnished under the Contract are to be specifically manufactured for
the Purchaser
b the Services to be provided by the Bidder
172 If any such change causes an increase or decrease in the cost of
or the time required for the Bidderrsquos performance of any provisions
under the Contract an equitable adjustment shall be made in the
Contract Price or delivery schedule or both and the Contract shall
accordingly be amended Any claims by the Bidder for adjustment
under this clause must be asserted within thirty (30) days from the
date of the Bidderrsquos receipt of the Purchasers change order
18 Contract Amendments
181 Subject to GCC Clause 17 no variation in or modification of the
terms of the Contract shall be made except by written amendment
signed by the parties
19 Assignment
191 The Bidder shall not assign in whole or in part its obligations
to perform under the Contract except with the Purchasers prior
written consent
20 Subcontracts
201 Any subcontracting work should be done after confirmation of
the same from the AMC
21 Delays in the Bidderrsquos Performance
29
211 Delivery of the Goods and performance of the Services shall be
made by the Bidder in accordance with the time schedule specified
by the Purchaser in the Schedule of Requirements
212 If at any time during performance of the Contract the Bidder or
its sub-contractor(s) should encounter conditions impeding timely
delivery of the Goods and performance of Services the Bidder shall
promptly notify the Purchaser in writing of the fact of the delay its
likely duration and its cause(s) As soon as practicable after receipt of
the Bidderrsquos notice the Purchaser shall evaluate the situation and
may at its discretion extend the Bidderrsquos time for performance with
or without liquidated damages in which case the extension shall be
ratified by the parties by amendment of the Contract
213 Except as provided under GCC Clause 24 a delay by the Bidder
in the performance of its delivery obligations shall render the Bidder
liable to the imposition of liquidated damages pursuant to GCC
Clause 22 unless an extension of time is agreed upon pursuant to
GCC Clause 212 without the application of liquidated damages
22 Liquidated Damages
221 Subject to GCC Clause 24 if the Bidder fails to deliver any or all
of the Goods or to perform the Services within the period(s) specified
in the Contract the Purchaser shall without prejudice to its other
remedies under the Contract deduct from the Contract Price as
liquidated damages a sum equivalent to 2 of the delivered price of
the delayed Goods or unperformed Services for each week or part
thereof of delay until actual delivery or performance up to a
maximum deduction of 10 of the Contract Price Once the
maximum is reached the Purchaser may consider termination of the
Contract pursuant to GCC Clause 23 Liquidated Damages is applicable
only up to commission and trial run period and not applicable to AMC
phase of the Contract
23 Termination for Default
30
231 The Purchaser may without prejudice to any other remedy for
breach of contract by written notice of default sent to the Bidder
terminate the Contract in whole or part
a if the Bidder fails to deliver any or all of the Goods within the
period(s) specified in the Contract or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 21 or
b if the Bidder fails to perform any other obligation(s) under the
Contract
c If the Bidder in the judgement of the Purchaser has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract
For the purpose of this Clause
ldquoCorrupt practicerdquo means the offering giving receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution
ldquofraudulent practicerdquo means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition
232 In the event the Purchaser terminates the Contract in whole or
in part pursuant to GCC Clause 231 the Purchaser may procure
upon such terms and in such manner as it deems appropriate Goods
or Services similar to those undelivered and the Bidder shall be
liable to the Purchaser for any excess costs for such similar Goods or
Services However the Bidder shall continue the performance of the
Contract to the extent not terminated
24 Force Majeure
241 Not with standing the provisions of GCC Clauses 21 22 23 the
Bidder shall not be liable for forfeiture of its performance security
liquidated damages or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
4
e Technical Specifications
f Tender Form and Price Schedules
g Earnest Money Deposit Form
h Contract Form
i Performance Security Form
j Performance Statement Form
32 The Tenderer is expected to examine all instructions forms
terms and specifications in the tender documents Failure to furnish
all information required by the tender documents or submission of a
tender not substantially responsive to the tender documents in every
respect will be at the Tendererrsquos risk and may result in rejection of its
tender
4 Clarification of Tender Documents
41 The electronic bidding system provides for online
clarifications A prospective tenderer requiring any clarification may
notify online the authority inviting the bid The authority-inviting bid
will respond to any request(s) for clarification received in writing up
to pre-bid meeting Description of clarification sought and the
response of the authority inviting the bid will be uploaded for
information of the public or other bidders without identifying the
source of request for clarification
The Tenderer or his official representative is invited to attend a pre-
bid meeting which will take place at the office of the ldquoCommissioner
Ahmednagar Municipal Corporationrdquo
42 The purpose of the meeting will be to clarify issues and to
answer questions on any matter that may be raised at that stage
43 The Tenderer is requested to submit any questions in written
addressed to the commissioner Ahmednagar Municipal Corporation
not later than day of pre-bid meeting
44 Minutes of the meeting including the text of the questions
raised (without identifying the source of enquiry) and the responses
given will be uploaded on the website
httpamcmaharashtraetendersin Any modification of the
5
bidding documents which may become necessary as a result of the
pre-bid meeting shall be made by the Purchaser exclusively through
the issue of an Addendum in pursuant to Clause 5 of IT Band
45 Non-attendance at the pre-bid meeting will not be a cause for
disqualification of a bidder
5 Amendment of Tender Documents (l)
51 At any time prior to the deadline for submission of tenders the
Purchaser may for any reason whether at its own initiative or in
response to a clarification requested by a prospective tenderer
modify the tender documents by amendment
52 The addendum will appear on the web page of the website
httpamcmaharashtraetendersin
53 In order to allow prospective tenderers reasonable time in
which to take the amendment into account in preparing their
tenders the Purchaser at its discretion may extend the deadline for
the submission of tenders
C Preparation of Tenders
6 Language of Tender
61 The tender prepared by the Tenderer as well as all
correspondence and documents relating to the tender exchanged by
the Tenderer and the Purchaser shall be written in English language
Supporting documents and printed literature furnished by the
Tenderer may be in another language provided they are
accompanied by an accurate translation of the relevant passages in
the English language in which case for purposes of interpretation of
the Tender the translation shall govern
7 Documents Constituting the Tender
a Technical Cover
The bidding is a single stage two cover system (First Cover
(Technical) and Second Cover (Financial)) and Successful Bidder to
be selected on Least Cost Selection (LCS) The bidder shall attach the
detailed technical specification of the machines proposed by him in
6
the technical bid The bidder shall attach the flow chart and detailed
proposed Biomethnation plant in the technical bid
The technical proposal will be evaluated and the proposal which are
found technically sound and satisfy other eligibility criteria shall be
called for presentation before the committee If committee finds the
offer technically viable the bidder shall be technically qualified
71 While preparing the Technical Tender Operator is expected to
examine the documents comprising this bid document Material
deficiencies in providing the information requested may result in
rejection of a tender The tender prepared by the Tenderer shall
comprise the following components
a) Documentary evidence established in accordance with ITT
Clause 11 that the Tenderer is eligible to tender and is qualified to
perform the contract if its tender is accepted
b) Documentary evidence established in accordance with ITT
Clause 12 that the goods and ancillary services to be supplied by the
Tenderer are eligible goods and services and conform to the tender
documents and
c) Earnest money deposit furnished in accordance with ITT
Clause 13
8 Tender Form
81 The Tenderer shall complete the Tender Form and the Price
Schedule furnished in the tender documents indicating the goods to
be supplied a brief description of the Design Supply Installation
Erection commissioning and Operation amp Maintenance of Municipal
Solid Waste Treatment Equipmentrsquos and Machineries their country of
origin quantity and prices
b Financial Cover
9 Tender Prices
91 The Tenderer shall indicate on the Price Schedule of the unit
prices and total tender prices of the Design supply installation
7
erection commissioning of Two Biomethanation plant of 5 TPD each
capacity with operation amp maintenance for 1 YEAR at Burudgaon
Depo Ahmednagar
92 Tenderers shall quote for the complete requirement of
processing machinery with vehicles goods and services specified
under single responsibility basis The least bidder shall be awarded
the work
93 Prices indicated on the Price Schedule shall be inclusive of the
following
(i) The price of the goods and services quoted (proposed
Biomethanation Plant including Design Supply Installation erection
commissioning and Operation amp Maintenance as applicable) shall
include all duties and sales and other taxes already paid or payable
by the tenderer
(ii) Any duties sales and other taxes which will be payable on the
goods shall be borne by the contractor if this Contract is awarded
(iii) The price for inland transportation insurance and other local
costs incidental to delivery of the goods to their final destination and
(iv) Cost towards erection and commissioning at site including
foundation
94 Prices quoted by the Tenderer shall be fixed during the
Tendererrsquos performance of the Contract and not subject to variation
on any account A tender submitted with an adjustable price
quotation will be treated as non- responsive and rejected pursuant
to ITT Clause 22
10 Tender Currency
101 Prices shall be quoted in Indian Rupees
11 Documents Establishing Tenderers Eligibility and
Qualifications
111 Pursuant to ITT Clause 7 the Tenderer shall furnish as part of
its Tender documents establishing the Tendererrsquos eligibility to
8
tender and its qualifications to perform the Contract if its tender is
accepted
112 The documentary evidence of the Tenderers qualifications to
perform the Contract if its tender is accepted shall establish to the
Purchasers satisfaction
a) That the average financial turnover of the bidder is 1 crore
in last 3 financial years
b) That The tenderer must have experience of Supply
installation and Commissioning of at least one Bio methanation
plant of 5 TPD capacity in India within last 1 years
Or
b) The bidder must have technology transfer agreement with
BARC (Bhabha Atomic Research Center ) for Biomethanation
plant
Bidder are required to submit Work order copies and
ExecutionCompletion Certificate Technology Transfer Certificate
from BARC AMC may call for original certificates for verification
12 Documents Establishing Goods Eligibility and Conformity
to Tender Documents
121 Pursuant to ITB Clause 7 the Tenderer shall furnish as part of
its tender documents establishing the eligibility and conformity to
the tender documents of all goods and services which the tenderer
proposes to supply under the contract
122 The documentary evidence of conformity of the goods and
services to the tender documents may be in the form of literature
drawings and data and shall consist of
a) a detailed description of the proposed essential technical and
performance characteristics of the goods and machines
b) a list giving full particulars including available sources and
current prices of spare parts special tools etc necessary for the
9
proper and continuing functioning of the goods for a period of one
years following commencement of the use of the goods by the
Purchaser and
c) an item-by-item commentary on the Purchasers Technical
Specifications demonstrating substantial responsiveness of the goods
and services to those specifications or a statement of deviations and
exceptions to the provisions of the Technical Specifications
123 For purposes of the commentary to be furnished pursuant to
ITT Clause 122(c) above the Tenderer shall note that standards for
workmanship material and equipment and references to brand
names or catalogue numbers designated by the Purchaser in its
Technical Specifications are intended to be descriptive only and not
restrictive The Tenderer may substitute alternative standards brand
names andor catalogue numbers in its tender provided that it
demonstrates to the Purchasers satisfaction that the substitutions
ensure substantial equivalence to those designated in the Technical
Specifications
13 Earnest Money Deposit
131 Pursuant to ITT Clause 7 the Tenderer shall furnish as part of
its tender earnest money deposit in the amount as specified in
Section-V - Schedule of Requirements
132 The earnest money deposit is required to protect the Purchaser
against the risk of Tenderers conduct which would warrant the
securitys forfeiture pursuant to ITB Clause 137
133 The earnest money deposit shall be denominated in Indian
Rupees and shall be paid online only on the portal
134 Any tender not secured in accordance with ITT Clauses 131
and the Purchaser as non-responsive pursuant to ITT Clause 22 will
reject 133 above
135 Unsuccessful Tenderers earnest money deposit will be
dischargedreturned as promptly as possible but not later than 30
days after the expiration of the period of tender validity prescribed
by the Purchaser pursuant to ITT Clause 14
10
136 The successful Tenderers earnest money deposit will be
discharged upon the Tenderer signing the Contract pursuant to ITT
Clause 30 and furnishing the performance security pursuant to ITB
Clause 31
137 The tender security may be forfeited
(a) if a Tenderer (i) withdraws its tender during the period of
tender validity specified by the Tenderer on the Tender Form or (ii)
does not accept the correction of errors pursuant to ITT Clause 222
or
(b) in case of a successful Tenderer if the Tenderer fails (i) to sign
the Contract in accordance with ITT Clause 30 or (ii) to furnish
performance security in accordance with ITT Clause 31
14 Period of Validity of Tenders
141 Tenders shall remain valid for 120 days after the deadline for
submission of tenders prescribed by the Purchaser pursuant to ITT
Clause 17 A tender valid for a shorter period shall be rejected by the
Purchaser as non-responsive
142 In exceptional circumstances the Purchaser may solicit the
Tenderers consent to an extension of the period of validity The
request and the responses thereto shall be made in writing (or by
cable or telex or fax) The earnest money deposit provided under ITT
Clause 13 shall also be suitably extended A Tenderer may refuse the
request without forfeiting its earnest money deposit A Tenderer
granting the request will not be required nor permitted to modify its
tender
15 Format and Signing of Tender
151 Bidders shall submit offers that comply with the requirements
of the bidding documents including the basic technical design as
indicated in the drawing and specifications Alternatives will not be
considered
11
D Submission of Bids
16 Bidding through E-Tendering System
161 The tendering under this contract is electronic bid submission
through website httpamcmaharashtraetendersin Detailed
guidelines for viewing bids and submission of online bids are given
on the website The Invitation for Tenders is published on this
website Any citizen or prospective tenderer can logon to this
website and view the Invitation for Tenders and can view the details
of works for which bids are invited The prospective tenderer can
submit tenders online however the bidder is required to have
enrolmentregistration in the website and should have valid Digital
Signature Certificate (DSC) The DSC can be obtained from any
authorized certifying agencies The tenderer should register in the
web site httpamcmaharashtraetendersin After this the
tenderer can login the site through the secured login Bidders are
requested to go through the bid documents carefully and submit the
required information without exception otherwise bids will be
rejected
162 The completed tender should be uploaded on the website
given above through e-tendering along with scanned copies of
requisite certificates as are mentioned in different sections in the
bidding document and scanned copy of the Bid Security No financial
quote shall be uploaded as part of the Technical Bid
163 The bidder shall submit online the requirements under
qualification criteria and Technical and Financial parts The contents
of the Post Qualification and Technical and Financial bid shall be as
specified in ITT After electronic on line bid submission the system
generates a unique bid reference number which is time stamped
This shall be treated as acknowledgement of bid submission
17 Deadline for Submission of the Bids
171 Bids must be received by the Employer online not later than
the due date as specified in the online portal
172 The Employer may extend the deadline for submission of bids
by issuing an amendment in accordance with Clause 5 in which case
12
all rights and obligations of the Employer and the bidders previously
subject to the original deadline will then be subject to the new
deadline
18 Late Bids
181 The electronic bidding system would not allow any late
submission of bids after due date and time as per server time
19 Modification and Withdrawal of Bids
191 Tenderers may modify their bids online before the deadline
prescribed in Clause 17 for bid modification and consequential re-
submission
192 No tenders may be modified after the deadline for submission
of Bids
193 Withdrawal or modification of a tender between the deadline
for submission of tender and the expiration of the original period of
bid validity specified in Clause 141 above or as extended pursuant to
Clause 142 is not allowed in the e-procurement system If a tenderer
does the same through any other medium then it may result in the
forfeiture of the Tender security pursuant to Clause 137
E Tender Opening and Evaluation of Tenders
20 Opening of Tenders by the Purchaser
201 The Purchaser will open all the Technical Cover in the
presence of Tenderersrsquo representatives who choose to attend as per
e-portal
The Tendererrsquos representatives who are present shall sign a register
evidencing their attendance In the event of the specified date of
Tender opening being declared a holiday for the Purchaser the
tenders shall be opened at the appointed time and location on the
next working day
202 The Tendererrsquos names tender modifications or withdrawals
tender prices discounts and the presence or absence of requisite
tender security and such other details as the Purchaser at its
discretion may consider appropriate will be announced at the
opening No tender shall be rejected at tender opening except for late
13
tenders which shall be returned unopened to the Tenderer pursuant
to ITT Clause 18
203 Tenders (and modifications sent pursuant to ITT Clause 192)
that are not opened and read out at tender opening shall not be
considered further for evaluation irrespective of the circumstances
204 The Purchaser will prepare minutes of the tender opening The
Financial Bid of the successful bidders only will be opened after
completion of technical bid evaluation
21 Clarification of Tenders
During evaluation of tenders the Purchaser may at its discretion ask
the Tenderer for a clarification of its tender The request for
clarification and the response shall be in writing and no change in
prices or substance of the tender shall be sought offered or
permitted
22 Preliminary Examination
221 The Purchaser will examine the technical bid to determine
whether they are complete whether required sureties have been
furnished and whether the tenders are generally in order
2211 The evaluation committee appointed by the Employer as
a whole and each of its members individually will evaluate the
Technical Bids on the basis of their responsiveness to the ITB A Bid
shall be rejected at this stage if it does not respond to important
aspects of the Bid Document
222 After the evaluation of technical Bid is completed the
Purchaser shall notify those bidders whose Bids meet the
qualification criteria as detailed in Section VII or were considered
responsive to the bid document indicating that the presentation has
to be made by their company After presentation by the company the
committee members or the person authorized by the commissioner
may visit the plant established by the bidder The bidder to whom the
committee is satisfied with the documents and the presentation and
the site visit if required will be informed as technically qualified
bidders
14
223 The financial bid opening date shall not be informed to the
technically disqualified bidders
2231 The Financial Cover shall be opened publicly in the
presence of the bidders representatives who choose to attend The
bid opening shall be online only
2232 The evaluation committee will determine whether the
Financial Bids are complete correct any computational errors
Arithmetical errors will be rectified on the following basis If there is
a discrepancy between the unit price and the total price that is
obtained by multiplying the unit price and quantity the unit price
shall prevail and the total price shall be corrected If there is a
discrepancy between words and figures the lower of the two will
prevail If the Bidder does not accept the correction of errors its
tender will be rejected and its tender security may be forfeited
2233 All necessary civil work and other related works for
Biomethanation plant is to be done by the successful bidder AMC
shall provide the land road upto the plant site electric connection
upto the plant site AMC shall provide approximately 5 TPD non-veg
organic waste and 5 TPD organic (Veg) waste as feed for each
seperate plant
2234 During the contract period and always the processing
plant machines land and civil works shall be the property of AMC At
the time of handover of the plant to AMC the contractor shall
handover the plant in good running condition If it is found that the
plant is inoperative or needs any repairs and maintenance the
contractor should either repair it to satisfaction of the AMC or if AMC
get it done by its own resources the amount shall be deducted from
the performance security deposit submitted by the contractor
2235 This biding is called for Burudgaon Depo location The
selection procedure of the successful bidder shall be as under
a Whereas successful bidder shall be the bidder quoting lowest for
the Supply Installation Erection commissioning and Operation amp
Maintenance of Municipal Solid Waste Treatment Equipmentrsquos and
Machineries (L-1)
15
b The cost of the MSW Plant and allied accessories for operation
of the plant quoted by the bidder shall be paid by the AMC as per the
payment schedule given in the tender document The value of the
processing plant and allied accessories wit OampM quoted by the
bidder shall be the sole bidding criteria for the tender
c The successful contractor shall not be paid any kind tipping
fees for operating the plant The contractor shall sell the products
(GasElectricitycompostothers) recovered from the processing of
the waste to recover the operation and maintenance cost and the
profits
224 Term of Contract
The term of the contract shall be 1 YEAR and can be renewed for a
similar term if the performance of the contractor is satisfactory
225 Scope of Work
The scope of the work shall be processing of the 5 + 5 TPD waste for
each site (two sites)received at site The rejects from the processing
should not be more than 15 of the total waste The rejects shall be
kept at one side of the site from where the CampT contractor shall lift
the waste and transport it to landfill site
226 Prior to the detailed evaluation pursuant to ITB Clause 23 the
Purchaser will determine the substantial responsiveness of each
tender to the tender documents For purposes of these Clauses a
substantially responsive tender is one which conforms to all the
terms and conditions of the tender documents without material
deviations Deviations from or objections or reservations to critical
provisions such as those concerning Performance Security (GCC
Clause 6) Warranty (GCC Clause 14) Force Majeure (GCC Clause 24)
Limitation of liability (GCC Clause 28) Applicable law (GCC Clause
30) and Taxes amp Duties (GCC Clause 32) will be deemed to be a
material deviation The Purchasers determination of a tenders
responsiveness is to be based on the contents of the tender itself
without recourse to extrinsic evidence
16
227 If a tender is not substantially responsive it will be rejected by
the Purchaser and may not subsequently be made responsive by the
Tenderer by correction of the non-conformity
23 Evaluation and Comparison of Tenders
231 The Purchaser will evaluate and compare the tenders which
have been determined to be substantially responsive pursuant to ITT
Clause 22 for each schedule separately No tender will be considered
if the complete requirements covered in the schedule is not included
in the tender However as stated in ITT Clause 9 The tenderer shall
quote his final prices taken into account all discounts
24 Contacting the Purchaser
241 Subject to ITT Clause 21 no Tenderer shall contact the
Purchaser on any matter relating to its tender from the time of the
tender opening to the time the Contract is awarded If the tenderer
wishes to bring additional information to the notice of the purchaser
it should do so in writing
242 Any effort by a Tenderer to influence the Purchaser in its
decisions on tender evaluation tender comparison or contract award
may result in rejection of the Tenderers tender
F Award of Contract
25 Post qualification
251 In the absence of prequalification the Purchaser will determine
to its satisfaction whether the Tenderer that is selected as having
submitted the lowest evaluated responsive tender meets the criteria
specified in ITT Clause 112 (b) and is qualified to perform the
contract satisfactorily
252 The determination will take into account the Tenderers
financial technical and production capabilities It will be based upon
an examination of the documentary evidence of the Tenderers
qualifications submitted by the Tenderer pursuant to ITT Clause 11
as well as such other information as the Purchaser deems necessary
and appropriate
26 Award Criteria
17
261 Subject to ITT Clause 28 the Purchaser will award the Contract
to the successful Tenderer whose tender has been determined to be
substantially responsive and has been determined as the lowest
evaluated tender provided further that the Tenderer is determined
to be qualified to perform the Contract satisfactorily
27 Right to vary Quantities
271 The contractor shall have to erect the machines proposed by
him in the technical bid and presentation However during the
contract duration for better performance of the processing plant the
contractor shall be free to add the machines vehicles and civil works
at no cost to AMC The contractor shall not be allowed to sell the
installed machines as AMC has already paid the contractor for the
machines and ownership of the machines always lies with the AMC
28 Purchasers Right to Accept Any Tender and to Reject Any
or All Tenders
281 The Purchaser reserves the right to accept or reject any tender
and to annul the tendering process and reject all tenders at any time
prior to contract award without thereby incurring any liability to the
affected Tenderer or Tendererrsquos
29 Notification of Award
291 Prior to the expiration of the period of tender validity the
Purchaser will notify the successful tenderer in writing by registered
letter or by cabletelex or fax to be confirmed in writing by
registered letter that its tender has been accepted
292 The notification of award will constitute the formation of the
Contract
293 Upon the successful Tenderers furnishing of performance
security pursuant to ITT Clause 31 the Purchaser will promptly
notify the name of the winning Tenderer to each unsuccessful
Tenderer and will discharge its earnest money deposit pursuant to
ITT Clause 13
30 Signing of Contract
18
301 At the same time as the Purchaser notifies the successful
tenderer that its tender has been accepted the Purchaser will send
the Tenderer the Contract Form provided in the tender documents
incorporating all agreements between the parties
302 Within 21 days of receipt of the Contract Form the successful
Tenderer shall sign and date the Contract and return it to the
Purchaser
31 Performance Security
311 Within 21 days of the receipt of notification of award from the
Purchaser the successful Tenderer shall furnish the performance
security of 3 of the cost of the machines and equipments
quoted by him The performance security shall be in form of Bank
guarantee 2 payment shall be deducted from each payment which
will make the total performance security to 5 The performance
security shall be released at the end of the contract period
312 Failure of the successful Tenderer to comply with the
requirement of ITT Clause 302 or ITT Clause 311 shall constitute
sufficient grounds for the annulment of the award and forfeiture of
the earnest money deposit in which event the Purchaser may make
the award to the next lowest evaluated Tenderer or call for new
tenders
32 Corrupt or Fraudulent Practices
321 The Government requires that Tendererrsquos Bidders
Contractors observe the highest standard of ethics during the
procurement and execution of Government financed contracts In
pursuance of this policy the Government
(a) defines for the purposes of this provision the terms set forth
as follows
(i) ldquocorrupt practicerdquo means the offering giving receiving or
soliciting of any thing of value to influence the action of a public
official in the procurement process or in contract execution and
(ii) ldquofraudulent practicerdquo means a misrepresentation of facts in
order to influence a procurement process or the execution of a
contract to the detriment of the Government and includes collusive
19
practice among Tenderers (prior to or after tender submission)
designed to establish tender prices at artificial non-competitive
levels and to deprive the Government of the benefits of free and open
competition
(b) will reject a proposal for award if it determines that the
Tenderer recommended for award has engaged in corrupt or
fraudulent practices in competing for the contract in question
(c) will declare a firm ineligible either indefinitely or for a stated
period of time to be awarded a Government financed contract if it at
any time determines that the firm has engaged in corrupt or
fraudulent practices in competing for or in executing a Government-
financed contract
322 Furthermore Tenderers shall be aware of the provision stated
in sub-clause 44 and sub-clause 231 of the General Conditions of
Contract
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
Clause Number Topic
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information
Inspection and Audit by Government
5 Patent Rights
6 Performance Security
7 Inspection and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
20
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
21
General Conditions of Contract
1 Definitions
11 In this Contract the following terms shall be interpreted as
indicated
a The Contract means the agreement entered into between the
Purchaser and the Bidder as recorded in the Contract Form signed
by the parties including all the attachments and appendices thereto
and all documents incorporated by reference therein
b The Contract Price means the price payable to the Bidder
under the Contract for the full and proper performance of its
contractual obligations
c The Goods means all the equipment machinery andor other
materials which the Bidder is required to supply to the Purchaser
under the Contract
d Services means services ancillary to the supply of the Goods
such as transportation and insurance and any other incidental
services such as installation commissioning provision of technical
assistance training and other obligations of the Bidder covered
under the Contract
e ldquoGCCrdquo means the General Conditions of Contract contained in
this section
f ldquoSCCrdquo means the Special Conditions of Contract
g ldquoThe Purchaserrdquo means the organization purchasing the Goods
as named in SCC
h ldquoThe Purchaserrsquos countryrdquo is the country named in SCC
i ldquoThe Bidderrdquo means the individual or firm supplying the Goods
and Services under this Contract
j ldquoThe Governmentrdquo means the Government of Maharashtra
State
k ldquoThe Project Siterdquo where applicable means the place or places
named in SCC
l ldquoDayrdquo means calendar day
2 Application
22
21 These General Conditions shall apply to the extent that
provisions in other parts of the Contract do not supersede them
3 Standards
31 The Goods and machines supplied under this Contract shall
conform to the standards mentioned in the Technical Specifications
given in the technical bid of the bidder and when no applicable
standard is mentioned to the authoritative standard appropriate to
the Goods country of origin and such standards shall be the latest
issued by the concerned institution
4 Use of Contract Documents and Information Inspection
and Audit by the Government
41 The Bidder shall not without the Purchasers prior written
consent disclose the Contract or any provision thereof or any
specification plan drawing pattern sample or information furnished
by or on behalf of the Purchaser in connection therewith to any
person other than a person employed by the Bidder in performance
of the Contract Disclosure to any such employed person shall be
made in confidence and shall extend only so far as may be necessary
for purposes of such performance
42 The Bidder shall not without the Purchaserrsquos prior written
consent make use of any document or information enumerated in
GCC Clause 41 except for purposes of performing the contract
43 Any document other than the Contract itself enumerated in
GCC Clause 41 shall remain the property of the Purchaser and shall
be returned (in all copies) to the Purchaser on completion of the
Bidderrsquos performance under the Contract if so required by the
Purchaser
44 The Bidder shall permit the Government to inspect the Bidderrsquos
accounts and records relating to the performance of the Bidder and
to have them audited by auditors appointed by the Government if so
required by the Government
5 Patent Rights
23
51 The Bidder shall indemnify the Purchaser against all third-
party claims of infringement of patent trademark or industrial
design rights arising from use of the Goods or any part thereof in
India
6 Performance Security
61 Within 21 days of receipt of the notification of contract award
the Bidder shall furnish Performance Security to the Purchaser for an
amount of 5 of the Contract Value valid up to 30 days after the date
of completion of Contract
62 The proceeds of the performance security shall be payable to
the Purchaser as compensation for any loss resulting from the
Bidderrsquos failure to complete its obligations under the Contract
63 The Performance Security shall be denominated in Indian
Rupees and shall be in one of the following forms
a) A Bank guarantee issued by a NationalizedScheduled bank in
the form provided in the tender documents or another form
acceptable to the Purchaser or
b) Crossed demand draft or pay order drawn in favor of the
Purchaser or
64 The Performance Security will be discharged by the Purchaser
and returned to the Bidder not later than 60 days following the date
of completion of the Bidderrsquos performance obligations including any
Warranty obligations under the Contract
7 Inspections and Tests
71 The Purchaser or its representative shall have the right to
inspect andor to test the Goods to confirm their conformity to the
Contract specifications at no extra cost to the Contractor
72 The contractor shall conduct third party inspection from any of
the inspection agency approved by Government of India The cost of
the inspection should be paid by the contractor and no
reimbursement shall be made by AMC for the inspection The
inspection shall be done on the basis of the technical bid submitted
by the tenderer or the approved machines and drawings by AMC
24
73 The inspections and tests may be conducted on the premises of
the Bidder or its subcontractor(s) at point of delivery andor at the
Goods final destination If conducted on the premises of the Bidder or
its subcontractor(s) all reasonable facilities and assistance including
access to drawings and production data - shall be furnished to the
inspectors at no charge to the Purchaser
74 Should any inspected or tested Goods fail to conform to the
specifications the Purchaser may reject the goods and the Bidder
shall either replace the rejected Goods or make alterations necessary
to meet specification requirements free of cost to the Purchaser
75 The Purchasers right to inspect test and where necessary
reject the Goods after the Goods arrival at Project Site shall in no
way be limited or waived by reason of the Goods having previously
been inspected tested and passed by the Purchaser or its
representative prior to the Goods shipment
76 Nothing in GCC Clause 7 shall in any way release the Bidder
from any warranty or other obligations under this Contract
77 Manuals and Drawings
771 Before the goods and equipment are taken over by the
Purchaser the Bidder shall supply operation and maintenance
manuals together with drawings of the goods and equipment These
shall be in such detail as will enable the Purchaser to operate
maintain adjust and repair all parts of the equipment as stated in the
specifications
772 The manuals and drawings shall be in the ruling language
(English) and in such form and numbers as stated in the contract
773 Unless and otherwise agreed the goods and equipment shall
not be considered to be completed for the purpose of taking over
until such manuals and drawings have been supplied to the
Purchaser
8 Packing
25
81 The packing of the goods may not be required however the
documents like operational manual and list of equipments shall be
submitted in two copies in booklet form
9 Delivery and Documents
91 Delivery of the Goods shall be made by the Bidder in
accordance with the terms specified by the Purchaser in the
Notification of Award The bills for the machines shall be submitted
in duplicate The bills for only those equipment will be accepted
whose delivery at site has been done by the bidder
10 Insurance
101 It will the responsibility of the contractor that the Goods and
machines supplied under the Contract shall be fully insured by the
contractor in Indian Rupees against loss or damage incidental to
manufacture or acquisition transportation storage and delivery for
complete duration of the contract For delivery of goods at site the
insurance shall be obtained by the Bidder in an amount equal to
110 of the value of the goods from ldquowarehouse to warehouserdquo
(final destinations) on ldquoAll Risksrdquo basis including War risks and
Strikes
11 Transportation
111 Where the Bidder is required under the Contract to transport
the Goods to a specified place of destination within India defined as
Project site the Bidder as shall be specified in the Contract shall
arrange transport to such place of destination in India including
insurance and the related cost shall be included in the Contract Price
12 Incidental Services
121 The Bidder may be required to provide any or all of the
following services including additional services if any specified in
SCC
a performance or supervision of the on-site assembly andor
start-up of the supplied Goods
b furnishing of tools required for assembly andor maintenance
of the supplied Goods
26
c furnishing of detailed operations and maintenance manual for
each appropriate unit of supplied Goods
d performance or supervision or maintenance andor repair of
the supplied Goods for a period of time agreed by the parties
provided that this service shall not relieve the Bidder of any
warranty obligations under this Contract and
e training of the Purchasers personnel at the Bidderrsquos plant
andor on-site in assembly start-up operation maintenance andor
repair of the supplied Goods
f detailed specifications of each equipment in detail to be
provided
g arrangement of required vehicles and implements for loading
amp unloading of Equipment at Facilities and other required infra for
assembling of equipment
122 Prices charged by the Bidder for incidental services if not
included in the Contract Price for the Goods shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates
charged to other parties by the Bidder for similar services
13 Spare Parts
131 As specified in the SCC the contractor shall be required to
provide any or all of the materials and spare parts at no cost to AMC
132 The Bidder shall carry sufficient inventories to assure ex-stock
supply of consumable spares for the Goods such as gaskets plugs
washers belts etc
14 Warranty
141 The Bidder warrants that the Goods supplied under this
Contract are new unused of the most recent or current models and
that they incorporate all recent improvements in design and
materials unless provided otherwise in the Contract The Bidder
further warrants that all Goods supplied under this Contract shall
have no defect arising from design materials or workmanship
(except when the design andor material is required by the
Purchasers Specifications) or from any act or omission of the Bidder
that may develop under normal use of the supplied Goods in the
conditions prevailing in the country of final destination
27
142 This warranty shall remain valid for 12 months after all the
sections of the entire plant have been delivered and successfully
commissioned and desired outputs are achieved as indicated in the
Contract Although section wise commissioning is proposed the
warranty will come into effect only after completion of all the
sections The Bidder shall in addition comply with the performance
andor consumption guarantees specified under the Contract If for
reasons attributable to the Bidder these guarantees are not attained
in whole or in part the Bidder shall at its discretion either
a make such changes modifications andor additions to the
Goods or any part thereof as may be necessary in order to attain the
contractual guarantees specified in the Contract at its own cost and
expense and to carry out further performance tests in accordance
with SCC Clause 2 OR
b pay liquidated damages to the Purchaser with respect to the
failure to meet the contractual guarantees The rate of these
liquidated damages shall be as specified in the Technical
Specifications
143 If the Bidder having been notified fails to remedy the defect(s)
within 15 days the Purchaser may proceed to take such remedial
action as may be necessary at the Bidderrsquos risk and expense and
without prejudice to any other rights which the Purchaser may have
against the Bidder under the Contract
15 Payment
151 The method and conditions of payment to be made to the
Bidder under this Contract shall be specified in the SCC
152 The Bidderrsquos request(s) for payment shall be made to the
Purchaser in writing accompanied by an invoice describing as
appropriate the Goods delivered and the Services performed and by
documents submitted pursuant to GCC Clause 9 and upon fulfillment
of other obligations stipulated in the contract
153 Payments shall be made promptly by the Purchaser but in no
case later than thirty (30) days after submission of the invoice or
claim by the Bidder
28
154 Payment shall be made in Indian Rupees
16 Prices
161 Prices payable to the Bidder as stated in the contract shall be
firm during the performance of the contract
17 Change Orders
171 The Purchaser may at any time by written order given to the
Bidder pursuant to GCC Clause 31 make changes within the general
scope of the Contract in any one or more of the following
a drawings designs or specifications where Goods to be
furnished under the Contract are to be specifically manufactured for
the Purchaser
b the Services to be provided by the Bidder
172 If any such change causes an increase or decrease in the cost of
or the time required for the Bidderrsquos performance of any provisions
under the Contract an equitable adjustment shall be made in the
Contract Price or delivery schedule or both and the Contract shall
accordingly be amended Any claims by the Bidder for adjustment
under this clause must be asserted within thirty (30) days from the
date of the Bidderrsquos receipt of the Purchasers change order
18 Contract Amendments
181 Subject to GCC Clause 17 no variation in or modification of the
terms of the Contract shall be made except by written amendment
signed by the parties
19 Assignment
191 The Bidder shall not assign in whole or in part its obligations
to perform under the Contract except with the Purchasers prior
written consent
20 Subcontracts
201 Any subcontracting work should be done after confirmation of
the same from the AMC
21 Delays in the Bidderrsquos Performance
29
211 Delivery of the Goods and performance of the Services shall be
made by the Bidder in accordance with the time schedule specified
by the Purchaser in the Schedule of Requirements
212 If at any time during performance of the Contract the Bidder or
its sub-contractor(s) should encounter conditions impeding timely
delivery of the Goods and performance of Services the Bidder shall
promptly notify the Purchaser in writing of the fact of the delay its
likely duration and its cause(s) As soon as practicable after receipt of
the Bidderrsquos notice the Purchaser shall evaluate the situation and
may at its discretion extend the Bidderrsquos time for performance with
or without liquidated damages in which case the extension shall be
ratified by the parties by amendment of the Contract
213 Except as provided under GCC Clause 24 a delay by the Bidder
in the performance of its delivery obligations shall render the Bidder
liable to the imposition of liquidated damages pursuant to GCC
Clause 22 unless an extension of time is agreed upon pursuant to
GCC Clause 212 without the application of liquidated damages
22 Liquidated Damages
221 Subject to GCC Clause 24 if the Bidder fails to deliver any or all
of the Goods or to perform the Services within the period(s) specified
in the Contract the Purchaser shall without prejudice to its other
remedies under the Contract deduct from the Contract Price as
liquidated damages a sum equivalent to 2 of the delivered price of
the delayed Goods or unperformed Services for each week or part
thereof of delay until actual delivery or performance up to a
maximum deduction of 10 of the Contract Price Once the
maximum is reached the Purchaser may consider termination of the
Contract pursuant to GCC Clause 23 Liquidated Damages is applicable
only up to commission and trial run period and not applicable to AMC
phase of the Contract
23 Termination for Default
30
231 The Purchaser may without prejudice to any other remedy for
breach of contract by written notice of default sent to the Bidder
terminate the Contract in whole or part
a if the Bidder fails to deliver any or all of the Goods within the
period(s) specified in the Contract or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 21 or
b if the Bidder fails to perform any other obligation(s) under the
Contract
c If the Bidder in the judgement of the Purchaser has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract
For the purpose of this Clause
ldquoCorrupt practicerdquo means the offering giving receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution
ldquofraudulent practicerdquo means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition
232 In the event the Purchaser terminates the Contract in whole or
in part pursuant to GCC Clause 231 the Purchaser may procure
upon such terms and in such manner as it deems appropriate Goods
or Services similar to those undelivered and the Bidder shall be
liable to the Purchaser for any excess costs for such similar Goods or
Services However the Bidder shall continue the performance of the
Contract to the extent not terminated
24 Force Majeure
241 Not with standing the provisions of GCC Clauses 21 22 23 the
Bidder shall not be liable for forfeiture of its performance security
liquidated damages or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
5
bidding documents which may become necessary as a result of the
pre-bid meeting shall be made by the Purchaser exclusively through
the issue of an Addendum in pursuant to Clause 5 of IT Band
45 Non-attendance at the pre-bid meeting will not be a cause for
disqualification of a bidder
5 Amendment of Tender Documents (l)
51 At any time prior to the deadline for submission of tenders the
Purchaser may for any reason whether at its own initiative or in
response to a clarification requested by a prospective tenderer
modify the tender documents by amendment
52 The addendum will appear on the web page of the website
httpamcmaharashtraetendersin
53 In order to allow prospective tenderers reasonable time in
which to take the amendment into account in preparing their
tenders the Purchaser at its discretion may extend the deadline for
the submission of tenders
C Preparation of Tenders
6 Language of Tender
61 The tender prepared by the Tenderer as well as all
correspondence and documents relating to the tender exchanged by
the Tenderer and the Purchaser shall be written in English language
Supporting documents and printed literature furnished by the
Tenderer may be in another language provided they are
accompanied by an accurate translation of the relevant passages in
the English language in which case for purposes of interpretation of
the Tender the translation shall govern
7 Documents Constituting the Tender
a Technical Cover
The bidding is a single stage two cover system (First Cover
(Technical) and Second Cover (Financial)) and Successful Bidder to
be selected on Least Cost Selection (LCS) The bidder shall attach the
detailed technical specification of the machines proposed by him in
6
the technical bid The bidder shall attach the flow chart and detailed
proposed Biomethnation plant in the technical bid
The technical proposal will be evaluated and the proposal which are
found technically sound and satisfy other eligibility criteria shall be
called for presentation before the committee If committee finds the
offer technically viable the bidder shall be technically qualified
71 While preparing the Technical Tender Operator is expected to
examine the documents comprising this bid document Material
deficiencies in providing the information requested may result in
rejection of a tender The tender prepared by the Tenderer shall
comprise the following components
a) Documentary evidence established in accordance with ITT
Clause 11 that the Tenderer is eligible to tender and is qualified to
perform the contract if its tender is accepted
b) Documentary evidence established in accordance with ITT
Clause 12 that the goods and ancillary services to be supplied by the
Tenderer are eligible goods and services and conform to the tender
documents and
c) Earnest money deposit furnished in accordance with ITT
Clause 13
8 Tender Form
81 The Tenderer shall complete the Tender Form and the Price
Schedule furnished in the tender documents indicating the goods to
be supplied a brief description of the Design Supply Installation
Erection commissioning and Operation amp Maintenance of Municipal
Solid Waste Treatment Equipmentrsquos and Machineries their country of
origin quantity and prices
b Financial Cover
9 Tender Prices
91 The Tenderer shall indicate on the Price Schedule of the unit
prices and total tender prices of the Design supply installation
7
erection commissioning of Two Biomethanation plant of 5 TPD each
capacity with operation amp maintenance for 1 YEAR at Burudgaon
Depo Ahmednagar
92 Tenderers shall quote for the complete requirement of
processing machinery with vehicles goods and services specified
under single responsibility basis The least bidder shall be awarded
the work
93 Prices indicated on the Price Schedule shall be inclusive of the
following
(i) The price of the goods and services quoted (proposed
Biomethanation Plant including Design Supply Installation erection
commissioning and Operation amp Maintenance as applicable) shall
include all duties and sales and other taxes already paid or payable
by the tenderer
(ii) Any duties sales and other taxes which will be payable on the
goods shall be borne by the contractor if this Contract is awarded
(iii) The price for inland transportation insurance and other local
costs incidental to delivery of the goods to their final destination and
(iv) Cost towards erection and commissioning at site including
foundation
94 Prices quoted by the Tenderer shall be fixed during the
Tendererrsquos performance of the Contract and not subject to variation
on any account A tender submitted with an adjustable price
quotation will be treated as non- responsive and rejected pursuant
to ITT Clause 22
10 Tender Currency
101 Prices shall be quoted in Indian Rupees
11 Documents Establishing Tenderers Eligibility and
Qualifications
111 Pursuant to ITT Clause 7 the Tenderer shall furnish as part of
its Tender documents establishing the Tendererrsquos eligibility to
8
tender and its qualifications to perform the Contract if its tender is
accepted
112 The documentary evidence of the Tenderers qualifications to
perform the Contract if its tender is accepted shall establish to the
Purchasers satisfaction
a) That the average financial turnover of the bidder is 1 crore
in last 3 financial years
b) That The tenderer must have experience of Supply
installation and Commissioning of at least one Bio methanation
plant of 5 TPD capacity in India within last 1 years
Or
b) The bidder must have technology transfer agreement with
BARC (Bhabha Atomic Research Center ) for Biomethanation
plant
Bidder are required to submit Work order copies and
ExecutionCompletion Certificate Technology Transfer Certificate
from BARC AMC may call for original certificates for verification
12 Documents Establishing Goods Eligibility and Conformity
to Tender Documents
121 Pursuant to ITB Clause 7 the Tenderer shall furnish as part of
its tender documents establishing the eligibility and conformity to
the tender documents of all goods and services which the tenderer
proposes to supply under the contract
122 The documentary evidence of conformity of the goods and
services to the tender documents may be in the form of literature
drawings and data and shall consist of
a) a detailed description of the proposed essential technical and
performance characteristics of the goods and machines
b) a list giving full particulars including available sources and
current prices of spare parts special tools etc necessary for the
9
proper and continuing functioning of the goods for a period of one
years following commencement of the use of the goods by the
Purchaser and
c) an item-by-item commentary on the Purchasers Technical
Specifications demonstrating substantial responsiveness of the goods
and services to those specifications or a statement of deviations and
exceptions to the provisions of the Technical Specifications
123 For purposes of the commentary to be furnished pursuant to
ITT Clause 122(c) above the Tenderer shall note that standards for
workmanship material and equipment and references to brand
names or catalogue numbers designated by the Purchaser in its
Technical Specifications are intended to be descriptive only and not
restrictive The Tenderer may substitute alternative standards brand
names andor catalogue numbers in its tender provided that it
demonstrates to the Purchasers satisfaction that the substitutions
ensure substantial equivalence to those designated in the Technical
Specifications
13 Earnest Money Deposit
131 Pursuant to ITT Clause 7 the Tenderer shall furnish as part of
its tender earnest money deposit in the amount as specified in
Section-V - Schedule of Requirements
132 The earnest money deposit is required to protect the Purchaser
against the risk of Tenderers conduct which would warrant the
securitys forfeiture pursuant to ITB Clause 137
133 The earnest money deposit shall be denominated in Indian
Rupees and shall be paid online only on the portal
134 Any tender not secured in accordance with ITT Clauses 131
and the Purchaser as non-responsive pursuant to ITT Clause 22 will
reject 133 above
135 Unsuccessful Tenderers earnest money deposit will be
dischargedreturned as promptly as possible but not later than 30
days after the expiration of the period of tender validity prescribed
by the Purchaser pursuant to ITT Clause 14
10
136 The successful Tenderers earnest money deposit will be
discharged upon the Tenderer signing the Contract pursuant to ITT
Clause 30 and furnishing the performance security pursuant to ITB
Clause 31
137 The tender security may be forfeited
(a) if a Tenderer (i) withdraws its tender during the period of
tender validity specified by the Tenderer on the Tender Form or (ii)
does not accept the correction of errors pursuant to ITT Clause 222
or
(b) in case of a successful Tenderer if the Tenderer fails (i) to sign
the Contract in accordance with ITT Clause 30 or (ii) to furnish
performance security in accordance with ITT Clause 31
14 Period of Validity of Tenders
141 Tenders shall remain valid for 120 days after the deadline for
submission of tenders prescribed by the Purchaser pursuant to ITT
Clause 17 A tender valid for a shorter period shall be rejected by the
Purchaser as non-responsive
142 In exceptional circumstances the Purchaser may solicit the
Tenderers consent to an extension of the period of validity The
request and the responses thereto shall be made in writing (or by
cable or telex or fax) The earnest money deposit provided under ITT
Clause 13 shall also be suitably extended A Tenderer may refuse the
request without forfeiting its earnest money deposit A Tenderer
granting the request will not be required nor permitted to modify its
tender
15 Format and Signing of Tender
151 Bidders shall submit offers that comply with the requirements
of the bidding documents including the basic technical design as
indicated in the drawing and specifications Alternatives will not be
considered
11
D Submission of Bids
16 Bidding through E-Tendering System
161 The tendering under this contract is electronic bid submission
through website httpamcmaharashtraetendersin Detailed
guidelines for viewing bids and submission of online bids are given
on the website The Invitation for Tenders is published on this
website Any citizen or prospective tenderer can logon to this
website and view the Invitation for Tenders and can view the details
of works for which bids are invited The prospective tenderer can
submit tenders online however the bidder is required to have
enrolmentregistration in the website and should have valid Digital
Signature Certificate (DSC) The DSC can be obtained from any
authorized certifying agencies The tenderer should register in the
web site httpamcmaharashtraetendersin After this the
tenderer can login the site through the secured login Bidders are
requested to go through the bid documents carefully and submit the
required information without exception otherwise bids will be
rejected
162 The completed tender should be uploaded on the website
given above through e-tendering along with scanned copies of
requisite certificates as are mentioned in different sections in the
bidding document and scanned copy of the Bid Security No financial
quote shall be uploaded as part of the Technical Bid
163 The bidder shall submit online the requirements under
qualification criteria and Technical and Financial parts The contents
of the Post Qualification and Technical and Financial bid shall be as
specified in ITT After electronic on line bid submission the system
generates a unique bid reference number which is time stamped
This shall be treated as acknowledgement of bid submission
17 Deadline for Submission of the Bids
171 Bids must be received by the Employer online not later than
the due date as specified in the online portal
172 The Employer may extend the deadline for submission of bids
by issuing an amendment in accordance with Clause 5 in which case
12
all rights and obligations of the Employer and the bidders previously
subject to the original deadline will then be subject to the new
deadline
18 Late Bids
181 The electronic bidding system would not allow any late
submission of bids after due date and time as per server time
19 Modification and Withdrawal of Bids
191 Tenderers may modify their bids online before the deadline
prescribed in Clause 17 for bid modification and consequential re-
submission
192 No tenders may be modified after the deadline for submission
of Bids
193 Withdrawal or modification of a tender between the deadline
for submission of tender and the expiration of the original period of
bid validity specified in Clause 141 above or as extended pursuant to
Clause 142 is not allowed in the e-procurement system If a tenderer
does the same through any other medium then it may result in the
forfeiture of the Tender security pursuant to Clause 137
E Tender Opening and Evaluation of Tenders
20 Opening of Tenders by the Purchaser
201 The Purchaser will open all the Technical Cover in the
presence of Tenderersrsquo representatives who choose to attend as per
e-portal
The Tendererrsquos representatives who are present shall sign a register
evidencing their attendance In the event of the specified date of
Tender opening being declared a holiday for the Purchaser the
tenders shall be opened at the appointed time and location on the
next working day
202 The Tendererrsquos names tender modifications or withdrawals
tender prices discounts and the presence or absence of requisite
tender security and such other details as the Purchaser at its
discretion may consider appropriate will be announced at the
opening No tender shall be rejected at tender opening except for late
13
tenders which shall be returned unopened to the Tenderer pursuant
to ITT Clause 18
203 Tenders (and modifications sent pursuant to ITT Clause 192)
that are not opened and read out at tender opening shall not be
considered further for evaluation irrespective of the circumstances
204 The Purchaser will prepare minutes of the tender opening The
Financial Bid of the successful bidders only will be opened after
completion of technical bid evaluation
21 Clarification of Tenders
During evaluation of tenders the Purchaser may at its discretion ask
the Tenderer for a clarification of its tender The request for
clarification and the response shall be in writing and no change in
prices or substance of the tender shall be sought offered or
permitted
22 Preliminary Examination
221 The Purchaser will examine the technical bid to determine
whether they are complete whether required sureties have been
furnished and whether the tenders are generally in order
2211 The evaluation committee appointed by the Employer as
a whole and each of its members individually will evaluate the
Technical Bids on the basis of their responsiveness to the ITB A Bid
shall be rejected at this stage if it does not respond to important
aspects of the Bid Document
222 After the evaluation of technical Bid is completed the
Purchaser shall notify those bidders whose Bids meet the
qualification criteria as detailed in Section VII or were considered
responsive to the bid document indicating that the presentation has
to be made by their company After presentation by the company the
committee members or the person authorized by the commissioner
may visit the plant established by the bidder The bidder to whom the
committee is satisfied with the documents and the presentation and
the site visit if required will be informed as technically qualified
bidders
14
223 The financial bid opening date shall not be informed to the
technically disqualified bidders
2231 The Financial Cover shall be opened publicly in the
presence of the bidders representatives who choose to attend The
bid opening shall be online only
2232 The evaluation committee will determine whether the
Financial Bids are complete correct any computational errors
Arithmetical errors will be rectified on the following basis If there is
a discrepancy between the unit price and the total price that is
obtained by multiplying the unit price and quantity the unit price
shall prevail and the total price shall be corrected If there is a
discrepancy between words and figures the lower of the two will
prevail If the Bidder does not accept the correction of errors its
tender will be rejected and its tender security may be forfeited
2233 All necessary civil work and other related works for
Biomethanation plant is to be done by the successful bidder AMC
shall provide the land road upto the plant site electric connection
upto the plant site AMC shall provide approximately 5 TPD non-veg
organic waste and 5 TPD organic (Veg) waste as feed for each
seperate plant
2234 During the contract period and always the processing
plant machines land and civil works shall be the property of AMC At
the time of handover of the plant to AMC the contractor shall
handover the plant in good running condition If it is found that the
plant is inoperative or needs any repairs and maintenance the
contractor should either repair it to satisfaction of the AMC or if AMC
get it done by its own resources the amount shall be deducted from
the performance security deposit submitted by the contractor
2235 This biding is called for Burudgaon Depo location The
selection procedure of the successful bidder shall be as under
a Whereas successful bidder shall be the bidder quoting lowest for
the Supply Installation Erection commissioning and Operation amp
Maintenance of Municipal Solid Waste Treatment Equipmentrsquos and
Machineries (L-1)
15
b The cost of the MSW Plant and allied accessories for operation
of the plant quoted by the bidder shall be paid by the AMC as per the
payment schedule given in the tender document The value of the
processing plant and allied accessories wit OampM quoted by the
bidder shall be the sole bidding criteria for the tender
c The successful contractor shall not be paid any kind tipping
fees for operating the plant The contractor shall sell the products
(GasElectricitycompostothers) recovered from the processing of
the waste to recover the operation and maintenance cost and the
profits
224 Term of Contract
The term of the contract shall be 1 YEAR and can be renewed for a
similar term if the performance of the contractor is satisfactory
225 Scope of Work
The scope of the work shall be processing of the 5 + 5 TPD waste for
each site (two sites)received at site The rejects from the processing
should not be more than 15 of the total waste The rejects shall be
kept at one side of the site from where the CampT contractor shall lift
the waste and transport it to landfill site
226 Prior to the detailed evaluation pursuant to ITB Clause 23 the
Purchaser will determine the substantial responsiveness of each
tender to the tender documents For purposes of these Clauses a
substantially responsive tender is one which conforms to all the
terms and conditions of the tender documents without material
deviations Deviations from or objections or reservations to critical
provisions such as those concerning Performance Security (GCC
Clause 6) Warranty (GCC Clause 14) Force Majeure (GCC Clause 24)
Limitation of liability (GCC Clause 28) Applicable law (GCC Clause
30) and Taxes amp Duties (GCC Clause 32) will be deemed to be a
material deviation The Purchasers determination of a tenders
responsiveness is to be based on the contents of the tender itself
without recourse to extrinsic evidence
16
227 If a tender is not substantially responsive it will be rejected by
the Purchaser and may not subsequently be made responsive by the
Tenderer by correction of the non-conformity
23 Evaluation and Comparison of Tenders
231 The Purchaser will evaluate and compare the tenders which
have been determined to be substantially responsive pursuant to ITT
Clause 22 for each schedule separately No tender will be considered
if the complete requirements covered in the schedule is not included
in the tender However as stated in ITT Clause 9 The tenderer shall
quote his final prices taken into account all discounts
24 Contacting the Purchaser
241 Subject to ITT Clause 21 no Tenderer shall contact the
Purchaser on any matter relating to its tender from the time of the
tender opening to the time the Contract is awarded If the tenderer
wishes to bring additional information to the notice of the purchaser
it should do so in writing
242 Any effort by a Tenderer to influence the Purchaser in its
decisions on tender evaluation tender comparison or contract award
may result in rejection of the Tenderers tender
F Award of Contract
25 Post qualification
251 In the absence of prequalification the Purchaser will determine
to its satisfaction whether the Tenderer that is selected as having
submitted the lowest evaluated responsive tender meets the criteria
specified in ITT Clause 112 (b) and is qualified to perform the
contract satisfactorily
252 The determination will take into account the Tenderers
financial technical and production capabilities It will be based upon
an examination of the documentary evidence of the Tenderers
qualifications submitted by the Tenderer pursuant to ITT Clause 11
as well as such other information as the Purchaser deems necessary
and appropriate
26 Award Criteria
17
261 Subject to ITT Clause 28 the Purchaser will award the Contract
to the successful Tenderer whose tender has been determined to be
substantially responsive and has been determined as the lowest
evaluated tender provided further that the Tenderer is determined
to be qualified to perform the Contract satisfactorily
27 Right to vary Quantities
271 The contractor shall have to erect the machines proposed by
him in the technical bid and presentation However during the
contract duration for better performance of the processing plant the
contractor shall be free to add the machines vehicles and civil works
at no cost to AMC The contractor shall not be allowed to sell the
installed machines as AMC has already paid the contractor for the
machines and ownership of the machines always lies with the AMC
28 Purchasers Right to Accept Any Tender and to Reject Any
or All Tenders
281 The Purchaser reserves the right to accept or reject any tender
and to annul the tendering process and reject all tenders at any time
prior to contract award without thereby incurring any liability to the
affected Tenderer or Tendererrsquos
29 Notification of Award
291 Prior to the expiration of the period of tender validity the
Purchaser will notify the successful tenderer in writing by registered
letter or by cabletelex or fax to be confirmed in writing by
registered letter that its tender has been accepted
292 The notification of award will constitute the formation of the
Contract
293 Upon the successful Tenderers furnishing of performance
security pursuant to ITT Clause 31 the Purchaser will promptly
notify the name of the winning Tenderer to each unsuccessful
Tenderer and will discharge its earnest money deposit pursuant to
ITT Clause 13
30 Signing of Contract
18
301 At the same time as the Purchaser notifies the successful
tenderer that its tender has been accepted the Purchaser will send
the Tenderer the Contract Form provided in the tender documents
incorporating all agreements between the parties
302 Within 21 days of receipt of the Contract Form the successful
Tenderer shall sign and date the Contract and return it to the
Purchaser
31 Performance Security
311 Within 21 days of the receipt of notification of award from the
Purchaser the successful Tenderer shall furnish the performance
security of 3 of the cost of the machines and equipments
quoted by him The performance security shall be in form of Bank
guarantee 2 payment shall be deducted from each payment which
will make the total performance security to 5 The performance
security shall be released at the end of the contract period
312 Failure of the successful Tenderer to comply with the
requirement of ITT Clause 302 or ITT Clause 311 shall constitute
sufficient grounds for the annulment of the award and forfeiture of
the earnest money deposit in which event the Purchaser may make
the award to the next lowest evaluated Tenderer or call for new
tenders
32 Corrupt or Fraudulent Practices
321 The Government requires that Tendererrsquos Bidders
Contractors observe the highest standard of ethics during the
procurement and execution of Government financed contracts In
pursuance of this policy the Government
(a) defines for the purposes of this provision the terms set forth
as follows
(i) ldquocorrupt practicerdquo means the offering giving receiving or
soliciting of any thing of value to influence the action of a public
official in the procurement process or in contract execution and
(ii) ldquofraudulent practicerdquo means a misrepresentation of facts in
order to influence a procurement process or the execution of a
contract to the detriment of the Government and includes collusive
19
practice among Tenderers (prior to or after tender submission)
designed to establish tender prices at artificial non-competitive
levels and to deprive the Government of the benefits of free and open
competition
(b) will reject a proposal for award if it determines that the
Tenderer recommended for award has engaged in corrupt or
fraudulent practices in competing for the contract in question
(c) will declare a firm ineligible either indefinitely or for a stated
period of time to be awarded a Government financed contract if it at
any time determines that the firm has engaged in corrupt or
fraudulent practices in competing for or in executing a Government-
financed contract
322 Furthermore Tenderers shall be aware of the provision stated
in sub-clause 44 and sub-clause 231 of the General Conditions of
Contract
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
Clause Number Topic
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information
Inspection and Audit by Government
5 Patent Rights
6 Performance Security
7 Inspection and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
20
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
21
General Conditions of Contract
1 Definitions
11 In this Contract the following terms shall be interpreted as
indicated
a The Contract means the agreement entered into between the
Purchaser and the Bidder as recorded in the Contract Form signed
by the parties including all the attachments and appendices thereto
and all documents incorporated by reference therein
b The Contract Price means the price payable to the Bidder
under the Contract for the full and proper performance of its
contractual obligations
c The Goods means all the equipment machinery andor other
materials which the Bidder is required to supply to the Purchaser
under the Contract
d Services means services ancillary to the supply of the Goods
such as transportation and insurance and any other incidental
services such as installation commissioning provision of technical
assistance training and other obligations of the Bidder covered
under the Contract
e ldquoGCCrdquo means the General Conditions of Contract contained in
this section
f ldquoSCCrdquo means the Special Conditions of Contract
g ldquoThe Purchaserrdquo means the organization purchasing the Goods
as named in SCC
h ldquoThe Purchaserrsquos countryrdquo is the country named in SCC
i ldquoThe Bidderrdquo means the individual or firm supplying the Goods
and Services under this Contract
j ldquoThe Governmentrdquo means the Government of Maharashtra
State
k ldquoThe Project Siterdquo where applicable means the place or places
named in SCC
l ldquoDayrdquo means calendar day
2 Application
22
21 These General Conditions shall apply to the extent that
provisions in other parts of the Contract do not supersede them
3 Standards
31 The Goods and machines supplied under this Contract shall
conform to the standards mentioned in the Technical Specifications
given in the technical bid of the bidder and when no applicable
standard is mentioned to the authoritative standard appropriate to
the Goods country of origin and such standards shall be the latest
issued by the concerned institution
4 Use of Contract Documents and Information Inspection
and Audit by the Government
41 The Bidder shall not without the Purchasers prior written
consent disclose the Contract or any provision thereof or any
specification plan drawing pattern sample or information furnished
by or on behalf of the Purchaser in connection therewith to any
person other than a person employed by the Bidder in performance
of the Contract Disclosure to any such employed person shall be
made in confidence and shall extend only so far as may be necessary
for purposes of such performance
42 The Bidder shall not without the Purchaserrsquos prior written
consent make use of any document or information enumerated in
GCC Clause 41 except for purposes of performing the contract
43 Any document other than the Contract itself enumerated in
GCC Clause 41 shall remain the property of the Purchaser and shall
be returned (in all copies) to the Purchaser on completion of the
Bidderrsquos performance under the Contract if so required by the
Purchaser
44 The Bidder shall permit the Government to inspect the Bidderrsquos
accounts and records relating to the performance of the Bidder and
to have them audited by auditors appointed by the Government if so
required by the Government
5 Patent Rights
23
51 The Bidder shall indemnify the Purchaser against all third-
party claims of infringement of patent trademark or industrial
design rights arising from use of the Goods or any part thereof in
India
6 Performance Security
61 Within 21 days of receipt of the notification of contract award
the Bidder shall furnish Performance Security to the Purchaser for an
amount of 5 of the Contract Value valid up to 30 days after the date
of completion of Contract
62 The proceeds of the performance security shall be payable to
the Purchaser as compensation for any loss resulting from the
Bidderrsquos failure to complete its obligations under the Contract
63 The Performance Security shall be denominated in Indian
Rupees and shall be in one of the following forms
a) A Bank guarantee issued by a NationalizedScheduled bank in
the form provided in the tender documents or another form
acceptable to the Purchaser or
b) Crossed demand draft or pay order drawn in favor of the
Purchaser or
64 The Performance Security will be discharged by the Purchaser
and returned to the Bidder not later than 60 days following the date
of completion of the Bidderrsquos performance obligations including any
Warranty obligations under the Contract
7 Inspections and Tests
71 The Purchaser or its representative shall have the right to
inspect andor to test the Goods to confirm their conformity to the
Contract specifications at no extra cost to the Contractor
72 The contractor shall conduct third party inspection from any of
the inspection agency approved by Government of India The cost of
the inspection should be paid by the contractor and no
reimbursement shall be made by AMC for the inspection The
inspection shall be done on the basis of the technical bid submitted
by the tenderer or the approved machines and drawings by AMC
24
73 The inspections and tests may be conducted on the premises of
the Bidder or its subcontractor(s) at point of delivery andor at the
Goods final destination If conducted on the premises of the Bidder or
its subcontractor(s) all reasonable facilities and assistance including
access to drawings and production data - shall be furnished to the
inspectors at no charge to the Purchaser
74 Should any inspected or tested Goods fail to conform to the
specifications the Purchaser may reject the goods and the Bidder
shall either replace the rejected Goods or make alterations necessary
to meet specification requirements free of cost to the Purchaser
75 The Purchasers right to inspect test and where necessary
reject the Goods after the Goods arrival at Project Site shall in no
way be limited or waived by reason of the Goods having previously
been inspected tested and passed by the Purchaser or its
representative prior to the Goods shipment
76 Nothing in GCC Clause 7 shall in any way release the Bidder
from any warranty or other obligations under this Contract
77 Manuals and Drawings
771 Before the goods and equipment are taken over by the
Purchaser the Bidder shall supply operation and maintenance
manuals together with drawings of the goods and equipment These
shall be in such detail as will enable the Purchaser to operate
maintain adjust and repair all parts of the equipment as stated in the
specifications
772 The manuals and drawings shall be in the ruling language
(English) and in such form and numbers as stated in the contract
773 Unless and otherwise agreed the goods and equipment shall
not be considered to be completed for the purpose of taking over
until such manuals and drawings have been supplied to the
Purchaser
8 Packing
25
81 The packing of the goods may not be required however the
documents like operational manual and list of equipments shall be
submitted in two copies in booklet form
9 Delivery and Documents
91 Delivery of the Goods shall be made by the Bidder in
accordance with the terms specified by the Purchaser in the
Notification of Award The bills for the machines shall be submitted
in duplicate The bills for only those equipment will be accepted
whose delivery at site has been done by the bidder
10 Insurance
101 It will the responsibility of the contractor that the Goods and
machines supplied under the Contract shall be fully insured by the
contractor in Indian Rupees against loss or damage incidental to
manufacture or acquisition transportation storage and delivery for
complete duration of the contract For delivery of goods at site the
insurance shall be obtained by the Bidder in an amount equal to
110 of the value of the goods from ldquowarehouse to warehouserdquo
(final destinations) on ldquoAll Risksrdquo basis including War risks and
Strikes
11 Transportation
111 Where the Bidder is required under the Contract to transport
the Goods to a specified place of destination within India defined as
Project site the Bidder as shall be specified in the Contract shall
arrange transport to such place of destination in India including
insurance and the related cost shall be included in the Contract Price
12 Incidental Services
121 The Bidder may be required to provide any or all of the
following services including additional services if any specified in
SCC
a performance or supervision of the on-site assembly andor
start-up of the supplied Goods
b furnishing of tools required for assembly andor maintenance
of the supplied Goods
26
c furnishing of detailed operations and maintenance manual for
each appropriate unit of supplied Goods
d performance or supervision or maintenance andor repair of
the supplied Goods for a period of time agreed by the parties
provided that this service shall not relieve the Bidder of any
warranty obligations under this Contract and
e training of the Purchasers personnel at the Bidderrsquos plant
andor on-site in assembly start-up operation maintenance andor
repair of the supplied Goods
f detailed specifications of each equipment in detail to be
provided
g arrangement of required vehicles and implements for loading
amp unloading of Equipment at Facilities and other required infra for
assembling of equipment
122 Prices charged by the Bidder for incidental services if not
included in the Contract Price for the Goods shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates
charged to other parties by the Bidder for similar services
13 Spare Parts
131 As specified in the SCC the contractor shall be required to
provide any or all of the materials and spare parts at no cost to AMC
132 The Bidder shall carry sufficient inventories to assure ex-stock
supply of consumable spares for the Goods such as gaskets plugs
washers belts etc
14 Warranty
141 The Bidder warrants that the Goods supplied under this
Contract are new unused of the most recent or current models and
that they incorporate all recent improvements in design and
materials unless provided otherwise in the Contract The Bidder
further warrants that all Goods supplied under this Contract shall
have no defect arising from design materials or workmanship
(except when the design andor material is required by the
Purchasers Specifications) or from any act or omission of the Bidder
that may develop under normal use of the supplied Goods in the
conditions prevailing in the country of final destination
27
142 This warranty shall remain valid for 12 months after all the
sections of the entire plant have been delivered and successfully
commissioned and desired outputs are achieved as indicated in the
Contract Although section wise commissioning is proposed the
warranty will come into effect only after completion of all the
sections The Bidder shall in addition comply with the performance
andor consumption guarantees specified under the Contract If for
reasons attributable to the Bidder these guarantees are not attained
in whole or in part the Bidder shall at its discretion either
a make such changes modifications andor additions to the
Goods or any part thereof as may be necessary in order to attain the
contractual guarantees specified in the Contract at its own cost and
expense and to carry out further performance tests in accordance
with SCC Clause 2 OR
b pay liquidated damages to the Purchaser with respect to the
failure to meet the contractual guarantees The rate of these
liquidated damages shall be as specified in the Technical
Specifications
143 If the Bidder having been notified fails to remedy the defect(s)
within 15 days the Purchaser may proceed to take such remedial
action as may be necessary at the Bidderrsquos risk and expense and
without prejudice to any other rights which the Purchaser may have
against the Bidder under the Contract
15 Payment
151 The method and conditions of payment to be made to the
Bidder under this Contract shall be specified in the SCC
152 The Bidderrsquos request(s) for payment shall be made to the
Purchaser in writing accompanied by an invoice describing as
appropriate the Goods delivered and the Services performed and by
documents submitted pursuant to GCC Clause 9 and upon fulfillment
of other obligations stipulated in the contract
153 Payments shall be made promptly by the Purchaser but in no
case later than thirty (30) days after submission of the invoice or
claim by the Bidder
28
154 Payment shall be made in Indian Rupees
16 Prices
161 Prices payable to the Bidder as stated in the contract shall be
firm during the performance of the contract
17 Change Orders
171 The Purchaser may at any time by written order given to the
Bidder pursuant to GCC Clause 31 make changes within the general
scope of the Contract in any one or more of the following
a drawings designs or specifications where Goods to be
furnished under the Contract are to be specifically manufactured for
the Purchaser
b the Services to be provided by the Bidder
172 If any such change causes an increase or decrease in the cost of
or the time required for the Bidderrsquos performance of any provisions
under the Contract an equitable adjustment shall be made in the
Contract Price or delivery schedule or both and the Contract shall
accordingly be amended Any claims by the Bidder for adjustment
under this clause must be asserted within thirty (30) days from the
date of the Bidderrsquos receipt of the Purchasers change order
18 Contract Amendments
181 Subject to GCC Clause 17 no variation in or modification of the
terms of the Contract shall be made except by written amendment
signed by the parties
19 Assignment
191 The Bidder shall not assign in whole or in part its obligations
to perform under the Contract except with the Purchasers prior
written consent
20 Subcontracts
201 Any subcontracting work should be done after confirmation of
the same from the AMC
21 Delays in the Bidderrsquos Performance
29
211 Delivery of the Goods and performance of the Services shall be
made by the Bidder in accordance with the time schedule specified
by the Purchaser in the Schedule of Requirements
212 If at any time during performance of the Contract the Bidder or
its sub-contractor(s) should encounter conditions impeding timely
delivery of the Goods and performance of Services the Bidder shall
promptly notify the Purchaser in writing of the fact of the delay its
likely duration and its cause(s) As soon as practicable after receipt of
the Bidderrsquos notice the Purchaser shall evaluate the situation and
may at its discretion extend the Bidderrsquos time for performance with
or without liquidated damages in which case the extension shall be
ratified by the parties by amendment of the Contract
213 Except as provided under GCC Clause 24 a delay by the Bidder
in the performance of its delivery obligations shall render the Bidder
liable to the imposition of liquidated damages pursuant to GCC
Clause 22 unless an extension of time is agreed upon pursuant to
GCC Clause 212 without the application of liquidated damages
22 Liquidated Damages
221 Subject to GCC Clause 24 if the Bidder fails to deliver any or all
of the Goods or to perform the Services within the period(s) specified
in the Contract the Purchaser shall without prejudice to its other
remedies under the Contract deduct from the Contract Price as
liquidated damages a sum equivalent to 2 of the delivered price of
the delayed Goods or unperformed Services for each week or part
thereof of delay until actual delivery or performance up to a
maximum deduction of 10 of the Contract Price Once the
maximum is reached the Purchaser may consider termination of the
Contract pursuant to GCC Clause 23 Liquidated Damages is applicable
only up to commission and trial run period and not applicable to AMC
phase of the Contract
23 Termination for Default
30
231 The Purchaser may without prejudice to any other remedy for
breach of contract by written notice of default sent to the Bidder
terminate the Contract in whole or part
a if the Bidder fails to deliver any or all of the Goods within the
period(s) specified in the Contract or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 21 or
b if the Bidder fails to perform any other obligation(s) under the
Contract
c If the Bidder in the judgement of the Purchaser has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract
For the purpose of this Clause
ldquoCorrupt practicerdquo means the offering giving receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution
ldquofraudulent practicerdquo means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition
232 In the event the Purchaser terminates the Contract in whole or
in part pursuant to GCC Clause 231 the Purchaser may procure
upon such terms and in such manner as it deems appropriate Goods
or Services similar to those undelivered and the Bidder shall be
liable to the Purchaser for any excess costs for such similar Goods or
Services However the Bidder shall continue the performance of the
Contract to the extent not terminated
24 Force Majeure
241 Not with standing the provisions of GCC Clauses 21 22 23 the
Bidder shall not be liable for forfeiture of its performance security
liquidated damages or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
6
the technical bid The bidder shall attach the flow chart and detailed
proposed Biomethnation plant in the technical bid
The technical proposal will be evaluated and the proposal which are
found technically sound and satisfy other eligibility criteria shall be
called for presentation before the committee If committee finds the
offer technically viable the bidder shall be technically qualified
71 While preparing the Technical Tender Operator is expected to
examine the documents comprising this bid document Material
deficiencies in providing the information requested may result in
rejection of a tender The tender prepared by the Tenderer shall
comprise the following components
a) Documentary evidence established in accordance with ITT
Clause 11 that the Tenderer is eligible to tender and is qualified to
perform the contract if its tender is accepted
b) Documentary evidence established in accordance with ITT
Clause 12 that the goods and ancillary services to be supplied by the
Tenderer are eligible goods and services and conform to the tender
documents and
c) Earnest money deposit furnished in accordance with ITT
Clause 13
8 Tender Form
81 The Tenderer shall complete the Tender Form and the Price
Schedule furnished in the tender documents indicating the goods to
be supplied a brief description of the Design Supply Installation
Erection commissioning and Operation amp Maintenance of Municipal
Solid Waste Treatment Equipmentrsquos and Machineries their country of
origin quantity and prices
b Financial Cover
9 Tender Prices
91 The Tenderer shall indicate on the Price Schedule of the unit
prices and total tender prices of the Design supply installation
7
erection commissioning of Two Biomethanation plant of 5 TPD each
capacity with operation amp maintenance for 1 YEAR at Burudgaon
Depo Ahmednagar
92 Tenderers shall quote for the complete requirement of
processing machinery with vehicles goods and services specified
under single responsibility basis The least bidder shall be awarded
the work
93 Prices indicated on the Price Schedule shall be inclusive of the
following
(i) The price of the goods and services quoted (proposed
Biomethanation Plant including Design Supply Installation erection
commissioning and Operation amp Maintenance as applicable) shall
include all duties and sales and other taxes already paid or payable
by the tenderer
(ii) Any duties sales and other taxes which will be payable on the
goods shall be borne by the contractor if this Contract is awarded
(iii) The price for inland transportation insurance and other local
costs incidental to delivery of the goods to their final destination and
(iv) Cost towards erection and commissioning at site including
foundation
94 Prices quoted by the Tenderer shall be fixed during the
Tendererrsquos performance of the Contract and not subject to variation
on any account A tender submitted with an adjustable price
quotation will be treated as non- responsive and rejected pursuant
to ITT Clause 22
10 Tender Currency
101 Prices shall be quoted in Indian Rupees
11 Documents Establishing Tenderers Eligibility and
Qualifications
111 Pursuant to ITT Clause 7 the Tenderer shall furnish as part of
its Tender documents establishing the Tendererrsquos eligibility to
8
tender and its qualifications to perform the Contract if its tender is
accepted
112 The documentary evidence of the Tenderers qualifications to
perform the Contract if its tender is accepted shall establish to the
Purchasers satisfaction
a) That the average financial turnover of the bidder is 1 crore
in last 3 financial years
b) That The tenderer must have experience of Supply
installation and Commissioning of at least one Bio methanation
plant of 5 TPD capacity in India within last 1 years
Or
b) The bidder must have technology transfer agreement with
BARC (Bhabha Atomic Research Center ) for Biomethanation
plant
Bidder are required to submit Work order copies and
ExecutionCompletion Certificate Technology Transfer Certificate
from BARC AMC may call for original certificates for verification
12 Documents Establishing Goods Eligibility and Conformity
to Tender Documents
121 Pursuant to ITB Clause 7 the Tenderer shall furnish as part of
its tender documents establishing the eligibility and conformity to
the tender documents of all goods and services which the tenderer
proposes to supply under the contract
122 The documentary evidence of conformity of the goods and
services to the tender documents may be in the form of literature
drawings and data and shall consist of
a) a detailed description of the proposed essential technical and
performance characteristics of the goods and machines
b) a list giving full particulars including available sources and
current prices of spare parts special tools etc necessary for the
9
proper and continuing functioning of the goods for a period of one
years following commencement of the use of the goods by the
Purchaser and
c) an item-by-item commentary on the Purchasers Technical
Specifications demonstrating substantial responsiveness of the goods
and services to those specifications or a statement of deviations and
exceptions to the provisions of the Technical Specifications
123 For purposes of the commentary to be furnished pursuant to
ITT Clause 122(c) above the Tenderer shall note that standards for
workmanship material and equipment and references to brand
names or catalogue numbers designated by the Purchaser in its
Technical Specifications are intended to be descriptive only and not
restrictive The Tenderer may substitute alternative standards brand
names andor catalogue numbers in its tender provided that it
demonstrates to the Purchasers satisfaction that the substitutions
ensure substantial equivalence to those designated in the Technical
Specifications
13 Earnest Money Deposit
131 Pursuant to ITT Clause 7 the Tenderer shall furnish as part of
its tender earnest money deposit in the amount as specified in
Section-V - Schedule of Requirements
132 The earnest money deposit is required to protect the Purchaser
against the risk of Tenderers conduct which would warrant the
securitys forfeiture pursuant to ITB Clause 137
133 The earnest money deposit shall be denominated in Indian
Rupees and shall be paid online only on the portal
134 Any tender not secured in accordance with ITT Clauses 131
and the Purchaser as non-responsive pursuant to ITT Clause 22 will
reject 133 above
135 Unsuccessful Tenderers earnest money deposit will be
dischargedreturned as promptly as possible but not later than 30
days after the expiration of the period of tender validity prescribed
by the Purchaser pursuant to ITT Clause 14
10
136 The successful Tenderers earnest money deposit will be
discharged upon the Tenderer signing the Contract pursuant to ITT
Clause 30 and furnishing the performance security pursuant to ITB
Clause 31
137 The tender security may be forfeited
(a) if a Tenderer (i) withdraws its tender during the period of
tender validity specified by the Tenderer on the Tender Form or (ii)
does not accept the correction of errors pursuant to ITT Clause 222
or
(b) in case of a successful Tenderer if the Tenderer fails (i) to sign
the Contract in accordance with ITT Clause 30 or (ii) to furnish
performance security in accordance with ITT Clause 31
14 Period of Validity of Tenders
141 Tenders shall remain valid for 120 days after the deadline for
submission of tenders prescribed by the Purchaser pursuant to ITT
Clause 17 A tender valid for a shorter period shall be rejected by the
Purchaser as non-responsive
142 In exceptional circumstances the Purchaser may solicit the
Tenderers consent to an extension of the period of validity The
request and the responses thereto shall be made in writing (or by
cable or telex or fax) The earnest money deposit provided under ITT
Clause 13 shall also be suitably extended A Tenderer may refuse the
request without forfeiting its earnest money deposit A Tenderer
granting the request will not be required nor permitted to modify its
tender
15 Format and Signing of Tender
151 Bidders shall submit offers that comply with the requirements
of the bidding documents including the basic technical design as
indicated in the drawing and specifications Alternatives will not be
considered
11
D Submission of Bids
16 Bidding through E-Tendering System
161 The tendering under this contract is electronic bid submission
through website httpamcmaharashtraetendersin Detailed
guidelines for viewing bids and submission of online bids are given
on the website The Invitation for Tenders is published on this
website Any citizen or prospective tenderer can logon to this
website and view the Invitation for Tenders and can view the details
of works for which bids are invited The prospective tenderer can
submit tenders online however the bidder is required to have
enrolmentregistration in the website and should have valid Digital
Signature Certificate (DSC) The DSC can be obtained from any
authorized certifying agencies The tenderer should register in the
web site httpamcmaharashtraetendersin After this the
tenderer can login the site through the secured login Bidders are
requested to go through the bid documents carefully and submit the
required information without exception otherwise bids will be
rejected
162 The completed tender should be uploaded on the website
given above through e-tendering along with scanned copies of
requisite certificates as are mentioned in different sections in the
bidding document and scanned copy of the Bid Security No financial
quote shall be uploaded as part of the Technical Bid
163 The bidder shall submit online the requirements under
qualification criteria and Technical and Financial parts The contents
of the Post Qualification and Technical and Financial bid shall be as
specified in ITT After electronic on line bid submission the system
generates a unique bid reference number which is time stamped
This shall be treated as acknowledgement of bid submission
17 Deadline for Submission of the Bids
171 Bids must be received by the Employer online not later than
the due date as specified in the online portal
172 The Employer may extend the deadline for submission of bids
by issuing an amendment in accordance with Clause 5 in which case
12
all rights and obligations of the Employer and the bidders previously
subject to the original deadline will then be subject to the new
deadline
18 Late Bids
181 The electronic bidding system would not allow any late
submission of bids after due date and time as per server time
19 Modification and Withdrawal of Bids
191 Tenderers may modify their bids online before the deadline
prescribed in Clause 17 for bid modification and consequential re-
submission
192 No tenders may be modified after the deadline for submission
of Bids
193 Withdrawal or modification of a tender between the deadline
for submission of tender and the expiration of the original period of
bid validity specified in Clause 141 above or as extended pursuant to
Clause 142 is not allowed in the e-procurement system If a tenderer
does the same through any other medium then it may result in the
forfeiture of the Tender security pursuant to Clause 137
E Tender Opening and Evaluation of Tenders
20 Opening of Tenders by the Purchaser
201 The Purchaser will open all the Technical Cover in the
presence of Tenderersrsquo representatives who choose to attend as per
e-portal
The Tendererrsquos representatives who are present shall sign a register
evidencing their attendance In the event of the specified date of
Tender opening being declared a holiday for the Purchaser the
tenders shall be opened at the appointed time and location on the
next working day
202 The Tendererrsquos names tender modifications or withdrawals
tender prices discounts and the presence or absence of requisite
tender security and such other details as the Purchaser at its
discretion may consider appropriate will be announced at the
opening No tender shall be rejected at tender opening except for late
13
tenders which shall be returned unopened to the Tenderer pursuant
to ITT Clause 18
203 Tenders (and modifications sent pursuant to ITT Clause 192)
that are not opened and read out at tender opening shall not be
considered further for evaluation irrespective of the circumstances
204 The Purchaser will prepare minutes of the tender opening The
Financial Bid of the successful bidders only will be opened after
completion of technical bid evaluation
21 Clarification of Tenders
During evaluation of tenders the Purchaser may at its discretion ask
the Tenderer for a clarification of its tender The request for
clarification and the response shall be in writing and no change in
prices or substance of the tender shall be sought offered or
permitted
22 Preliminary Examination
221 The Purchaser will examine the technical bid to determine
whether they are complete whether required sureties have been
furnished and whether the tenders are generally in order
2211 The evaluation committee appointed by the Employer as
a whole and each of its members individually will evaluate the
Technical Bids on the basis of their responsiveness to the ITB A Bid
shall be rejected at this stage if it does not respond to important
aspects of the Bid Document
222 After the evaluation of technical Bid is completed the
Purchaser shall notify those bidders whose Bids meet the
qualification criteria as detailed in Section VII or were considered
responsive to the bid document indicating that the presentation has
to be made by their company After presentation by the company the
committee members or the person authorized by the commissioner
may visit the plant established by the bidder The bidder to whom the
committee is satisfied with the documents and the presentation and
the site visit if required will be informed as technically qualified
bidders
14
223 The financial bid opening date shall not be informed to the
technically disqualified bidders
2231 The Financial Cover shall be opened publicly in the
presence of the bidders representatives who choose to attend The
bid opening shall be online only
2232 The evaluation committee will determine whether the
Financial Bids are complete correct any computational errors
Arithmetical errors will be rectified on the following basis If there is
a discrepancy between the unit price and the total price that is
obtained by multiplying the unit price and quantity the unit price
shall prevail and the total price shall be corrected If there is a
discrepancy between words and figures the lower of the two will
prevail If the Bidder does not accept the correction of errors its
tender will be rejected and its tender security may be forfeited
2233 All necessary civil work and other related works for
Biomethanation plant is to be done by the successful bidder AMC
shall provide the land road upto the plant site electric connection
upto the plant site AMC shall provide approximately 5 TPD non-veg
organic waste and 5 TPD organic (Veg) waste as feed for each
seperate plant
2234 During the contract period and always the processing
plant machines land and civil works shall be the property of AMC At
the time of handover of the plant to AMC the contractor shall
handover the plant in good running condition If it is found that the
plant is inoperative or needs any repairs and maintenance the
contractor should either repair it to satisfaction of the AMC or if AMC
get it done by its own resources the amount shall be deducted from
the performance security deposit submitted by the contractor
2235 This biding is called for Burudgaon Depo location The
selection procedure of the successful bidder shall be as under
a Whereas successful bidder shall be the bidder quoting lowest for
the Supply Installation Erection commissioning and Operation amp
Maintenance of Municipal Solid Waste Treatment Equipmentrsquos and
Machineries (L-1)
15
b The cost of the MSW Plant and allied accessories for operation
of the plant quoted by the bidder shall be paid by the AMC as per the
payment schedule given in the tender document The value of the
processing plant and allied accessories wit OampM quoted by the
bidder shall be the sole bidding criteria for the tender
c The successful contractor shall not be paid any kind tipping
fees for operating the plant The contractor shall sell the products
(GasElectricitycompostothers) recovered from the processing of
the waste to recover the operation and maintenance cost and the
profits
224 Term of Contract
The term of the contract shall be 1 YEAR and can be renewed for a
similar term if the performance of the contractor is satisfactory
225 Scope of Work
The scope of the work shall be processing of the 5 + 5 TPD waste for
each site (two sites)received at site The rejects from the processing
should not be more than 15 of the total waste The rejects shall be
kept at one side of the site from where the CampT contractor shall lift
the waste and transport it to landfill site
226 Prior to the detailed evaluation pursuant to ITB Clause 23 the
Purchaser will determine the substantial responsiveness of each
tender to the tender documents For purposes of these Clauses a
substantially responsive tender is one which conforms to all the
terms and conditions of the tender documents without material
deviations Deviations from or objections or reservations to critical
provisions such as those concerning Performance Security (GCC
Clause 6) Warranty (GCC Clause 14) Force Majeure (GCC Clause 24)
Limitation of liability (GCC Clause 28) Applicable law (GCC Clause
30) and Taxes amp Duties (GCC Clause 32) will be deemed to be a
material deviation The Purchasers determination of a tenders
responsiveness is to be based on the contents of the tender itself
without recourse to extrinsic evidence
16
227 If a tender is not substantially responsive it will be rejected by
the Purchaser and may not subsequently be made responsive by the
Tenderer by correction of the non-conformity
23 Evaluation and Comparison of Tenders
231 The Purchaser will evaluate and compare the tenders which
have been determined to be substantially responsive pursuant to ITT
Clause 22 for each schedule separately No tender will be considered
if the complete requirements covered in the schedule is not included
in the tender However as stated in ITT Clause 9 The tenderer shall
quote his final prices taken into account all discounts
24 Contacting the Purchaser
241 Subject to ITT Clause 21 no Tenderer shall contact the
Purchaser on any matter relating to its tender from the time of the
tender opening to the time the Contract is awarded If the tenderer
wishes to bring additional information to the notice of the purchaser
it should do so in writing
242 Any effort by a Tenderer to influence the Purchaser in its
decisions on tender evaluation tender comparison or contract award
may result in rejection of the Tenderers tender
F Award of Contract
25 Post qualification
251 In the absence of prequalification the Purchaser will determine
to its satisfaction whether the Tenderer that is selected as having
submitted the lowest evaluated responsive tender meets the criteria
specified in ITT Clause 112 (b) and is qualified to perform the
contract satisfactorily
252 The determination will take into account the Tenderers
financial technical and production capabilities It will be based upon
an examination of the documentary evidence of the Tenderers
qualifications submitted by the Tenderer pursuant to ITT Clause 11
as well as such other information as the Purchaser deems necessary
and appropriate
26 Award Criteria
17
261 Subject to ITT Clause 28 the Purchaser will award the Contract
to the successful Tenderer whose tender has been determined to be
substantially responsive and has been determined as the lowest
evaluated tender provided further that the Tenderer is determined
to be qualified to perform the Contract satisfactorily
27 Right to vary Quantities
271 The contractor shall have to erect the machines proposed by
him in the technical bid and presentation However during the
contract duration for better performance of the processing plant the
contractor shall be free to add the machines vehicles and civil works
at no cost to AMC The contractor shall not be allowed to sell the
installed machines as AMC has already paid the contractor for the
machines and ownership of the machines always lies with the AMC
28 Purchasers Right to Accept Any Tender and to Reject Any
or All Tenders
281 The Purchaser reserves the right to accept or reject any tender
and to annul the tendering process and reject all tenders at any time
prior to contract award without thereby incurring any liability to the
affected Tenderer or Tendererrsquos
29 Notification of Award
291 Prior to the expiration of the period of tender validity the
Purchaser will notify the successful tenderer in writing by registered
letter or by cabletelex or fax to be confirmed in writing by
registered letter that its tender has been accepted
292 The notification of award will constitute the formation of the
Contract
293 Upon the successful Tenderers furnishing of performance
security pursuant to ITT Clause 31 the Purchaser will promptly
notify the name of the winning Tenderer to each unsuccessful
Tenderer and will discharge its earnest money deposit pursuant to
ITT Clause 13
30 Signing of Contract
18
301 At the same time as the Purchaser notifies the successful
tenderer that its tender has been accepted the Purchaser will send
the Tenderer the Contract Form provided in the tender documents
incorporating all agreements between the parties
302 Within 21 days of receipt of the Contract Form the successful
Tenderer shall sign and date the Contract and return it to the
Purchaser
31 Performance Security
311 Within 21 days of the receipt of notification of award from the
Purchaser the successful Tenderer shall furnish the performance
security of 3 of the cost of the machines and equipments
quoted by him The performance security shall be in form of Bank
guarantee 2 payment shall be deducted from each payment which
will make the total performance security to 5 The performance
security shall be released at the end of the contract period
312 Failure of the successful Tenderer to comply with the
requirement of ITT Clause 302 or ITT Clause 311 shall constitute
sufficient grounds for the annulment of the award and forfeiture of
the earnest money deposit in which event the Purchaser may make
the award to the next lowest evaluated Tenderer or call for new
tenders
32 Corrupt or Fraudulent Practices
321 The Government requires that Tendererrsquos Bidders
Contractors observe the highest standard of ethics during the
procurement and execution of Government financed contracts In
pursuance of this policy the Government
(a) defines for the purposes of this provision the terms set forth
as follows
(i) ldquocorrupt practicerdquo means the offering giving receiving or
soliciting of any thing of value to influence the action of a public
official in the procurement process or in contract execution and
(ii) ldquofraudulent practicerdquo means a misrepresentation of facts in
order to influence a procurement process or the execution of a
contract to the detriment of the Government and includes collusive
19
practice among Tenderers (prior to or after tender submission)
designed to establish tender prices at artificial non-competitive
levels and to deprive the Government of the benefits of free and open
competition
(b) will reject a proposal for award if it determines that the
Tenderer recommended for award has engaged in corrupt or
fraudulent practices in competing for the contract in question
(c) will declare a firm ineligible either indefinitely or for a stated
period of time to be awarded a Government financed contract if it at
any time determines that the firm has engaged in corrupt or
fraudulent practices in competing for or in executing a Government-
financed contract
322 Furthermore Tenderers shall be aware of the provision stated
in sub-clause 44 and sub-clause 231 of the General Conditions of
Contract
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
Clause Number Topic
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information
Inspection and Audit by Government
5 Patent Rights
6 Performance Security
7 Inspection and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
20
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
21
General Conditions of Contract
1 Definitions
11 In this Contract the following terms shall be interpreted as
indicated
a The Contract means the agreement entered into between the
Purchaser and the Bidder as recorded in the Contract Form signed
by the parties including all the attachments and appendices thereto
and all documents incorporated by reference therein
b The Contract Price means the price payable to the Bidder
under the Contract for the full and proper performance of its
contractual obligations
c The Goods means all the equipment machinery andor other
materials which the Bidder is required to supply to the Purchaser
under the Contract
d Services means services ancillary to the supply of the Goods
such as transportation and insurance and any other incidental
services such as installation commissioning provision of technical
assistance training and other obligations of the Bidder covered
under the Contract
e ldquoGCCrdquo means the General Conditions of Contract contained in
this section
f ldquoSCCrdquo means the Special Conditions of Contract
g ldquoThe Purchaserrdquo means the organization purchasing the Goods
as named in SCC
h ldquoThe Purchaserrsquos countryrdquo is the country named in SCC
i ldquoThe Bidderrdquo means the individual or firm supplying the Goods
and Services under this Contract
j ldquoThe Governmentrdquo means the Government of Maharashtra
State
k ldquoThe Project Siterdquo where applicable means the place or places
named in SCC
l ldquoDayrdquo means calendar day
2 Application
22
21 These General Conditions shall apply to the extent that
provisions in other parts of the Contract do not supersede them
3 Standards
31 The Goods and machines supplied under this Contract shall
conform to the standards mentioned in the Technical Specifications
given in the technical bid of the bidder and when no applicable
standard is mentioned to the authoritative standard appropriate to
the Goods country of origin and such standards shall be the latest
issued by the concerned institution
4 Use of Contract Documents and Information Inspection
and Audit by the Government
41 The Bidder shall not without the Purchasers prior written
consent disclose the Contract or any provision thereof or any
specification plan drawing pattern sample or information furnished
by or on behalf of the Purchaser in connection therewith to any
person other than a person employed by the Bidder in performance
of the Contract Disclosure to any such employed person shall be
made in confidence and shall extend only so far as may be necessary
for purposes of such performance
42 The Bidder shall not without the Purchaserrsquos prior written
consent make use of any document or information enumerated in
GCC Clause 41 except for purposes of performing the contract
43 Any document other than the Contract itself enumerated in
GCC Clause 41 shall remain the property of the Purchaser and shall
be returned (in all copies) to the Purchaser on completion of the
Bidderrsquos performance under the Contract if so required by the
Purchaser
44 The Bidder shall permit the Government to inspect the Bidderrsquos
accounts and records relating to the performance of the Bidder and
to have them audited by auditors appointed by the Government if so
required by the Government
5 Patent Rights
23
51 The Bidder shall indemnify the Purchaser against all third-
party claims of infringement of patent trademark or industrial
design rights arising from use of the Goods or any part thereof in
India
6 Performance Security
61 Within 21 days of receipt of the notification of contract award
the Bidder shall furnish Performance Security to the Purchaser for an
amount of 5 of the Contract Value valid up to 30 days after the date
of completion of Contract
62 The proceeds of the performance security shall be payable to
the Purchaser as compensation for any loss resulting from the
Bidderrsquos failure to complete its obligations under the Contract
63 The Performance Security shall be denominated in Indian
Rupees and shall be in one of the following forms
a) A Bank guarantee issued by a NationalizedScheduled bank in
the form provided in the tender documents or another form
acceptable to the Purchaser or
b) Crossed demand draft or pay order drawn in favor of the
Purchaser or
64 The Performance Security will be discharged by the Purchaser
and returned to the Bidder not later than 60 days following the date
of completion of the Bidderrsquos performance obligations including any
Warranty obligations under the Contract
7 Inspections and Tests
71 The Purchaser or its representative shall have the right to
inspect andor to test the Goods to confirm their conformity to the
Contract specifications at no extra cost to the Contractor
72 The contractor shall conduct third party inspection from any of
the inspection agency approved by Government of India The cost of
the inspection should be paid by the contractor and no
reimbursement shall be made by AMC for the inspection The
inspection shall be done on the basis of the technical bid submitted
by the tenderer or the approved machines and drawings by AMC
24
73 The inspections and tests may be conducted on the premises of
the Bidder or its subcontractor(s) at point of delivery andor at the
Goods final destination If conducted on the premises of the Bidder or
its subcontractor(s) all reasonable facilities and assistance including
access to drawings and production data - shall be furnished to the
inspectors at no charge to the Purchaser
74 Should any inspected or tested Goods fail to conform to the
specifications the Purchaser may reject the goods and the Bidder
shall either replace the rejected Goods or make alterations necessary
to meet specification requirements free of cost to the Purchaser
75 The Purchasers right to inspect test and where necessary
reject the Goods after the Goods arrival at Project Site shall in no
way be limited or waived by reason of the Goods having previously
been inspected tested and passed by the Purchaser or its
representative prior to the Goods shipment
76 Nothing in GCC Clause 7 shall in any way release the Bidder
from any warranty or other obligations under this Contract
77 Manuals and Drawings
771 Before the goods and equipment are taken over by the
Purchaser the Bidder shall supply operation and maintenance
manuals together with drawings of the goods and equipment These
shall be in such detail as will enable the Purchaser to operate
maintain adjust and repair all parts of the equipment as stated in the
specifications
772 The manuals and drawings shall be in the ruling language
(English) and in such form and numbers as stated in the contract
773 Unless and otherwise agreed the goods and equipment shall
not be considered to be completed for the purpose of taking over
until such manuals and drawings have been supplied to the
Purchaser
8 Packing
25
81 The packing of the goods may not be required however the
documents like operational manual and list of equipments shall be
submitted in two copies in booklet form
9 Delivery and Documents
91 Delivery of the Goods shall be made by the Bidder in
accordance with the terms specified by the Purchaser in the
Notification of Award The bills for the machines shall be submitted
in duplicate The bills for only those equipment will be accepted
whose delivery at site has been done by the bidder
10 Insurance
101 It will the responsibility of the contractor that the Goods and
machines supplied under the Contract shall be fully insured by the
contractor in Indian Rupees against loss or damage incidental to
manufacture or acquisition transportation storage and delivery for
complete duration of the contract For delivery of goods at site the
insurance shall be obtained by the Bidder in an amount equal to
110 of the value of the goods from ldquowarehouse to warehouserdquo
(final destinations) on ldquoAll Risksrdquo basis including War risks and
Strikes
11 Transportation
111 Where the Bidder is required under the Contract to transport
the Goods to a specified place of destination within India defined as
Project site the Bidder as shall be specified in the Contract shall
arrange transport to such place of destination in India including
insurance and the related cost shall be included in the Contract Price
12 Incidental Services
121 The Bidder may be required to provide any or all of the
following services including additional services if any specified in
SCC
a performance or supervision of the on-site assembly andor
start-up of the supplied Goods
b furnishing of tools required for assembly andor maintenance
of the supplied Goods
26
c furnishing of detailed operations and maintenance manual for
each appropriate unit of supplied Goods
d performance or supervision or maintenance andor repair of
the supplied Goods for a period of time agreed by the parties
provided that this service shall not relieve the Bidder of any
warranty obligations under this Contract and
e training of the Purchasers personnel at the Bidderrsquos plant
andor on-site in assembly start-up operation maintenance andor
repair of the supplied Goods
f detailed specifications of each equipment in detail to be
provided
g arrangement of required vehicles and implements for loading
amp unloading of Equipment at Facilities and other required infra for
assembling of equipment
122 Prices charged by the Bidder for incidental services if not
included in the Contract Price for the Goods shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates
charged to other parties by the Bidder for similar services
13 Spare Parts
131 As specified in the SCC the contractor shall be required to
provide any or all of the materials and spare parts at no cost to AMC
132 The Bidder shall carry sufficient inventories to assure ex-stock
supply of consumable spares for the Goods such as gaskets plugs
washers belts etc
14 Warranty
141 The Bidder warrants that the Goods supplied under this
Contract are new unused of the most recent or current models and
that they incorporate all recent improvements in design and
materials unless provided otherwise in the Contract The Bidder
further warrants that all Goods supplied under this Contract shall
have no defect arising from design materials or workmanship
(except when the design andor material is required by the
Purchasers Specifications) or from any act or omission of the Bidder
that may develop under normal use of the supplied Goods in the
conditions prevailing in the country of final destination
27
142 This warranty shall remain valid for 12 months after all the
sections of the entire plant have been delivered and successfully
commissioned and desired outputs are achieved as indicated in the
Contract Although section wise commissioning is proposed the
warranty will come into effect only after completion of all the
sections The Bidder shall in addition comply with the performance
andor consumption guarantees specified under the Contract If for
reasons attributable to the Bidder these guarantees are not attained
in whole or in part the Bidder shall at its discretion either
a make such changes modifications andor additions to the
Goods or any part thereof as may be necessary in order to attain the
contractual guarantees specified in the Contract at its own cost and
expense and to carry out further performance tests in accordance
with SCC Clause 2 OR
b pay liquidated damages to the Purchaser with respect to the
failure to meet the contractual guarantees The rate of these
liquidated damages shall be as specified in the Technical
Specifications
143 If the Bidder having been notified fails to remedy the defect(s)
within 15 days the Purchaser may proceed to take such remedial
action as may be necessary at the Bidderrsquos risk and expense and
without prejudice to any other rights which the Purchaser may have
against the Bidder under the Contract
15 Payment
151 The method and conditions of payment to be made to the
Bidder under this Contract shall be specified in the SCC
152 The Bidderrsquos request(s) for payment shall be made to the
Purchaser in writing accompanied by an invoice describing as
appropriate the Goods delivered and the Services performed and by
documents submitted pursuant to GCC Clause 9 and upon fulfillment
of other obligations stipulated in the contract
153 Payments shall be made promptly by the Purchaser but in no
case later than thirty (30) days after submission of the invoice or
claim by the Bidder
28
154 Payment shall be made in Indian Rupees
16 Prices
161 Prices payable to the Bidder as stated in the contract shall be
firm during the performance of the contract
17 Change Orders
171 The Purchaser may at any time by written order given to the
Bidder pursuant to GCC Clause 31 make changes within the general
scope of the Contract in any one or more of the following
a drawings designs or specifications where Goods to be
furnished under the Contract are to be specifically manufactured for
the Purchaser
b the Services to be provided by the Bidder
172 If any such change causes an increase or decrease in the cost of
or the time required for the Bidderrsquos performance of any provisions
under the Contract an equitable adjustment shall be made in the
Contract Price or delivery schedule or both and the Contract shall
accordingly be amended Any claims by the Bidder for adjustment
under this clause must be asserted within thirty (30) days from the
date of the Bidderrsquos receipt of the Purchasers change order
18 Contract Amendments
181 Subject to GCC Clause 17 no variation in or modification of the
terms of the Contract shall be made except by written amendment
signed by the parties
19 Assignment
191 The Bidder shall not assign in whole or in part its obligations
to perform under the Contract except with the Purchasers prior
written consent
20 Subcontracts
201 Any subcontracting work should be done after confirmation of
the same from the AMC
21 Delays in the Bidderrsquos Performance
29
211 Delivery of the Goods and performance of the Services shall be
made by the Bidder in accordance with the time schedule specified
by the Purchaser in the Schedule of Requirements
212 If at any time during performance of the Contract the Bidder or
its sub-contractor(s) should encounter conditions impeding timely
delivery of the Goods and performance of Services the Bidder shall
promptly notify the Purchaser in writing of the fact of the delay its
likely duration and its cause(s) As soon as practicable after receipt of
the Bidderrsquos notice the Purchaser shall evaluate the situation and
may at its discretion extend the Bidderrsquos time for performance with
or without liquidated damages in which case the extension shall be
ratified by the parties by amendment of the Contract
213 Except as provided under GCC Clause 24 a delay by the Bidder
in the performance of its delivery obligations shall render the Bidder
liable to the imposition of liquidated damages pursuant to GCC
Clause 22 unless an extension of time is agreed upon pursuant to
GCC Clause 212 without the application of liquidated damages
22 Liquidated Damages
221 Subject to GCC Clause 24 if the Bidder fails to deliver any or all
of the Goods or to perform the Services within the period(s) specified
in the Contract the Purchaser shall without prejudice to its other
remedies under the Contract deduct from the Contract Price as
liquidated damages a sum equivalent to 2 of the delivered price of
the delayed Goods or unperformed Services for each week or part
thereof of delay until actual delivery or performance up to a
maximum deduction of 10 of the Contract Price Once the
maximum is reached the Purchaser may consider termination of the
Contract pursuant to GCC Clause 23 Liquidated Damages is applicable
only up to commission and trial run period and not applicable to AMC
phase of the Contract
23 Termination for Default
30
231 The Purchaser may without prejudice to any other remedy for
breach of contract by written notice of default sent to the Bidder
terminate the Contract in whole or part
a if the Bidder fails to deliver any or all of the Goods within the
period(s) specified in the Contract or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 21 or
b if the Bidder fails to perform any other obligation(s) under the
Contract
c If the Bidder in the judgement of the Purchaser has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract
For the purpose of this Clause
ldquoCorrupt practicerdquo means the offering giving receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution
ldquofraudulent practicerdquo means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition
232 In the event the Purchaser terminates the Contract in whole or
in part pursuant to GCC Clause 231 the Purchaser may procure
upon such terms and in such manner as it deems appropriate Goods
or Services similar to those undelivered and the Bidder shall be
liable to the Purchaser for any excess costs for such similar Goods or
Services However the Bidder shall continue the performance of the
Contract to the extent not terminated
24 Force Majeure
241 Not with standing the provisions of GCC Clauses 21 22 23 the
Bidder shall not be liable for forfeiture of its performance security
liquidated damages or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
7
erection commissioning of Two Biomethanation plant of 5 TPD each
capacity with operation amp maintenance for 1 YEAR at Burudgaon
Depo Ahmednagar
92 Tenderers shall quote for the complete requirement of
processing machinery with vehicles goods and services specified
under single responsibility basis The least bidder shall be awarded
the work
93 Prices indicated on the Price Schedule shall be inclusive of the
following
(i) The price of the goods and services quoted (proposed
Biomethanation Plant including Design Supply Installation erection
commissioning and Operation amp Maintenance as applicable) shall
include all duties and sales and other taxes already paid or payable
by the tenderer
(ii) Any duties sales and other taxes which will be payable on the
goods shall be borne by the contractor if this Contract is awarded
(iii) The price for inland transportation insurance and other local
costs incidental to delivery of the goods to their final destination and
(iv) Cost towards erection and commissioning at site including
foundation
94 Prices quoted by the Tenderer shall be fixed during the
Tendererrsquos performance of the Contract and not subject to variation
on any account A tender submitted with an adjustable price
quotation will be treated as non- responsive and rejected pursuant
to ITT Clause 22
10 Tender Currency
101 Prices shall be quoted in Indian Rupees
11 Documents Establishing Tenderers Eligibility and
Qualifications
111 Pursuant to ITT Clause 7 the Tenderer shall furnish as part of
its Tender documents establishing the Tendererrsquos eligibility to
8
tender and its qualifications to perform the Contract if its tender is
accepted
112 The documentary evidence of the Tenderers qualifications to
perform the Contract if its tender is accepted shall establish to the
Purchasers satisfaction
a) That the average financial turnover of the bidder is 1 crore
in last 3 financial years
b) That The tenderer must have experience of Supply
installation and Commissioning of at least one Bio methanation
plant of 5 TPD capacity in India within last 1 years
Or
b) The bidder must have technology transfer agreement with
BARC (Bhabha Atomic Research Center ) for Biomethanation
plant
Bidder are required to submit Work order copies and
ExecutionCompletion Certificate Technology Transfer Certificate
from BARC AMC may call for original certificates for verification
12 Documents Establishing Goods Eligibility and Conformity
to Tender Documents
121 Pursuant to ITB Clause 7 the Tenderer shall furnish as part of
its tender documents establishing the eligibility and conformity to
the tender documents of all goods and services which the tenderer
proposes to supply under the contract
122 The documentary evidence of conformity of the goods and
services to the tender documents may be in the form of literature
drawings and data and shall consist of
a) a detailed description of the proposed essential technical and
performance characteristics of the goods and machines
b) a list giving full particulars including available sources and
current prices of spare parts special tools etc necessary for the
9
proper and continuing functioning of the goods for a period of one
years following commencement of the use of the goods by the
Purchaser and
c) an item-by-item commentary on the Purchasers Technical
Specifications demonstrating substantial responsiveness of the goods
and services to those specifications or a statement of deviations and
exceptions to the provisions of the Technical Specifications
123 For purposes of the commentary to be furnished pursuant to
ITT Clause 122(c) above the Tenderer shall note that standards for
workmanship material and equipment and references to brand
names or catalogue numbers designated by the Purchaser in its
Technical Specifications are intended to be descriptive only and not
restrictive The Tenderer may substitute alternative standards brand
names andor catalogue numbers in its tender provided that it
demonstrates to the Purchasers satisfaction that the substitutions
ensure substantial equivalence to those designated in the Technical
Specifications
13 Earnest Money Deposit
131 Pursuant to ITT Clause 7 the Tenderer shall furnish as part of
its tender earnest money deposit in the amount as specified in
Section-V - Schedule of Requirements
132 The earnest money deposit is required to protect the Purchaser
against the risk of Tenderers conduct which would warrant the
securitys forfeiture pursuant to ITB Clause 137
133 The earnest money deposit shall be denominated in Indian
Rupees and shall be paid online only on the portal
134 Any tender not secured in accordance with ITT Clauses 131
and the Purchaser as non-responsive pursuant to ITT Clause 22 will
reject 133 above
135 Unsuccessful Tenderers earnest money deposit will be
dischargedreturned as promptly as possible but not later than 30
days after the expiration of the period of tender validity prescribed
by the Purchaser pursuant to ITT Clause 14
10
136 The successful Tenderers earnest money deposit will be
discharged upon the Tenderer signing the Contract pursuant to ITT
Clause 30 and furnishing the performance security pursuant to ITB
Clause 31
137 The tender security may be forfeited
(a) if a Tenderer (i) withdraws its tender during the period of
tender validity specified by the Tenderer on the Tender Form or (ii)
does not accept the correction of errors pursuant to ITT Clause 222
or
(b) in case of a successful Tenderer if the Tenderer fails (i) to sign
the Contract in accordance with ITT Clause 30 or (ii) to furnish
performance security in accordance with ITT Clause 31
14 Period of Validity of Tenders
141 Tenders shall remain valid for 120 days after the deadline for
submission of tenders prescribed by the Purchaser pursuant to ITT
Clause 17 A tender valid for a shorter period shall be rejected by the
Purchaser as non-responsive
142 In exceptional circumstances the Purchaser may solicit the
Tenderers consent to an extension of the period of validity The
request and the responses thereto shall be made in writing (or by
cable or telex or fax) The earnest money deposit provided under ITT
Clause 13 shall also be suitably extended A Tenderer may refuse the
request without forfeiting its earnest money deposit A Tenderer
granting the request will not be required nor permitted to modify its
tender
15 Format and Signing of Tender
151 Bidders shall submit offers that comply with the requirements
of the bidding documents including the basic technical design as
indicated in the drawing and specifications Alternatives will not be
considered
11
D Submission of Bids
16 Bidding through E-Tendering System
161 The tendering under this contract is electronic bid submission
through website httpamcmaharashtraetendersin Detailed
guidelines for viewing bids and submission of online bids are given
on the website The Invitation for Tenders is published on this
website Any citizen or prospective tenderer can logon to this
website and view the Invitation for Tenders and can view the details
of works for which bids are invited The prospective tenderer can
submit tenders online however the bidder is required to have
enrolmentregistration in the website and should have valid Digital
Signature Certificate (DSC) The DSC can be obtained from any
authorized certifying agencies The tenderer should register in the
web site httpamcmaharashtraetendersin After this the
tenderer can login the site through the secured login Bidders are
requested to go through the bid documents carefully and submit the
required information without exception otherwise bids will be
rejected
162 The completed tender should be uploaded on the website
given above through e-tendering along with scanned copies of
requisite certificates as are mentioned in different sections in the
bidding document and scanned copy of the Bid Security No financial
quote shall be uploaded as part of the Technical Bid
163 The bidder shall submit online the requirements under
qualification criteria and Technical and Financial parts The contents
of the Post Qualification and Technical and Financial bid shall be as
specified in ITT After electronic on line bid submission the system
generates a unique bid reference number which is time stamped
This shall be treated as acknowledgement of bid submission
17 Deadline for Submission of the Bids
171 Bids must be received by the Employer online not later than
the due date as specified in the online portal
172 The Employer may extend the deadline for submission of bids
by issuing an amendment in accordance with Clause 5 in which case
12
all rights and obligations of the Employer and the bidders previously
subject to the original deadline will then be subject to the new
deadline
18 Late Bids
181 The electronic bidding system would not allow any late
submission of bids after due date and time as per server time
19 Modification and Withdrawal of Bids
191 Tenderers may modify their bids online before the deadline
prescribed in Clause 17 for bid modification and consequential re-
submission
192 No tenders may be modified after the deadline for submission
of Bids
193 Withdrawal or modification of a tender between the deadline
for submission of tender and the expiration of the original period of
bid validity specified in Clause 141 above or as extended pursuant to
Clause 142 is not allowed in the e-procurement system If a tenderer
does the same through any other medium then it may result in the
forfeiture of the Tender security pursuant to Clause 137
E Tender Opening and Evaluation of Tenders
20 Opening of Tenders by the Purchaser
201 The Purchaser will open all the Technical Cover in the
presence of Tenderersrsquo representatives who choose to attend as per
e-portal
The Tendererrsquos representatives who are present shall sign a register
evidencing their attendance In the event of the specified date of
Tender opening being declared a holiday for the Purchaser the
tenders shall be opened at the appointed time and location on the
next working day
202 The Tendererrsquos names tender modifications or withdrawals
tender prices discounts and the presence or absence of requisite
tender security and such other details as the Purchaser at its
discretion may consider appropriate will be announced at the
opening No tender shall be rejected at tender opening except for late
13
tenders which shall be returned unopened to the Tenderer pursuant
to ITT Clause 18
203 Tenders (and modifications sent pursuant to ITT Clause 192)
that are not opened and read out at tender opening shall not be
considered further for evaluation irrespective of the circumstances
204 The Purchaser will prepare minutes of the tender opening The
Financial Bid of the successful bidders only will be opened after
completion of technical bid evaluation
21 Clarification of Tenders
During evaluation of tenders the Purchaser may at its discretion ask
the Tenderer for a clarification of its tender The request for
clarification and the response shall be in writing and no change in
prices or substance of the tender shall be sought offered or
permitted
22 Preliminary Examination
221 The Purchaser will examine the technical bid to determine
whether they are complete whether required sureties have been
furnished and whether the tenders are generally in order
2211 The evaluation committee appointed by the Employer as
a whole and each of its members individually will evaluate the
Technical Bids on the basis of their responsiveness to the ITB A Bid
shall be rejected at this stage if it does not respond to important
aspects of the Bid Document
222 After the evaluation of technical Bid is completed the
Purchaser shall notify those bidders whose Bids meet the
qualification criteria as detailed in Section VII or were considered
responsive to the bid document indicating that the presentation has
to be made by their company After presentation by the company the
committee members or the person authorized by the commissioner
may visit the plant established by the bidder The bidder to whom the
committee is satisfied with the documents and the presentation and
the site visit if required will be informed as technically qualified
bidders
14
223 The financial bid opening date shall not be informed to the
technically disqualified bidders
2231 The Financial Cover shall be opened publicly in the
presence of the bidders representatives who choose to attend The
bid opening shall be online only
2232 The evaluation committee will determine whether the
Financial Bids are complete correct any computational errors
Arithmetical errors will be rectified on the following basis If there is
a discrepancy between the unit price and the total price that is
obtained by multiplying the unit price and quantity the unit price
shall prevail and the total price shall be corrected If there is a
discrepancy between words and figures the lower of the two will
prevail If the Bidder does not accept the correction of errors its
tender will be rejected and its tender security may be forfeited
2233 All necessary civil work and other related works for
Biomethanation plant is to be done by the successful bidder AMC
shall provide the land road upto the plant site electric connection
upto the plant site AMC shall provide approximately 5 TPD non-veg
organic waste and 5 TPD organic (Veg) waste as feed for each
seperate plant
2234 During the contract period and always the processing
plant machines land and civil works shall be the property of AMC At
the time of handover of the plant to AMC the contractor shall
handover the plant in good running condition If it is found that the
plant is inoperative or needs any repairs and maintenance the
contractor should either repair it to satisfaction of the AMC or if AMC
get it done by its own resources the amount shall be deducted from
the performance security deposit submitted by the contractor
2235 This biding is called for Burudgaon Depo location The
selection procedure of the successful bidder shall be as under
a Whereas successful bidder shall be the bidder quoting lowest for
the Supply Installation Erection commissioning and Operation amp
Maintenance of Municipal Solid Waste Treatment Equipmentrsquos and
Machineries (L-1)
15
b The cost of the MSW Plant and allied accessories for operation
of the plant quoted by the bidder shall be paid by the AMC as per the
payment schedule given in the tender document The value of the
processing plant and allied accessories wit OampM quoted by the
bidder shall be the sole bidding criteria for the tender
c The successful contractor shall not be paid any kind tipping
fees for operating the plant The contractor shall sell the products
(GasElectricitycompostothers) recovered from the processing of
the waste to recover the operation and maintenance cost and the
profits
224 Term of Contract
The term of the contract shall be 1 YEAR and can be renewed for a
similar term if the performance of the contractor is satisfactory
225 Scope of Work
The scope of the work shall be processing of the 5 + 5 TPD waste for
each site (two sites)received at site The rejects from the processing
should not be more than 15 of the total waste The rejects shall be
kept at one side of the site from where the CampT contractor shall lift
the waste and transport it to landfill site
226 Prior to the detailed evaluation pursuant to ITB Clause 23 the
Purchaser will determine the substantial responsiveness of each
tender to the tender documents For purposes of these Clauses a
substantially responsive tender is one which conforms to all the
terms and conditions of the tender documents without material
deviations Deviations from or objections or reservations to critical
provisions such as those concerning Performance Security (GCC
Clause 6) Warranty (GCC Clause 14) Force Majeure (GCC Clause 24)
Limitation of liability (GCC Clause 28) Applicable law (GCC Clause
30) and Taxes amp Duties (GCC Clause 32) will be deemed to be a
material deviation The Purchasers determination of a tenders
responsiveness is to be based on the contents of the tender itself
without recourse to extrinsic evidence
16
227 If a tender is not substantially responsive it will be rejected by
the Purchaser and may not subsequently be made responsive by the
Tenderer by correction of the non-conformity
23 Evaluation and Comparison of Tenders
231 The Purchaser will evaluate and compare the tenders which
have been determined to be substantially responsive pursuant to ITT
Clause 22 for each schedule separately No tender will be considered
if the complete requirements covered in the schedule is not included
in the tender However as stated in ITT Clause 9 The tenderer shall
quote his final prices taken into account all discounts
24 Contacting the Purchaser
241 Subject to ITT Clause 21 no Tenderer shall contact the
Purchaser on any matter relating to its tender from the time of the
tender opening to the time the Contract is awarded If the tenderer
wishes to bring additional information to the notice of the purchaser
it should do so in writing
242 Any effort by a Tenderer to influence the Purchaser in its
decisions on tender evaluation tender comparison or contract award
may result in rejection of the Tenderers tender
F Award of Contract
25 Post qualification
251 In the absence of prequalification the Purchaser will determine
to its satisfaction whether the Tenderer that is selected as having
submitted the lowest evaluated responsive tender meets the criteria
specified in ITT Clause 112 (b) and is qualified to perform the
contract satisfactorily
252 The determination will take into account the Tenderers
financial technical and production capabilities It will be based upon
an examination of the documentary evidence of the Tenderers
qualifications submitted by the Tenderer pursuant to ITT Clause 11
as well as such other information as the Purchaser deems necessary
and appropriate
26 Award Criteria
17
261 Subject to ITT Clause 28 the Purchaser will award the Contract
to the successful Tenderer whose tender has been determined to be
substantially responsive and has been determined as the lowest
evaluated tender provided further that the Tenderer is determined
to be qualified to perform the Contract satisfactorily
27 Right to vary Quantities
271 The contractor shall have to erect the machines proposed by
him in the technical bid and presentation However during the
contract duration for better performance of the processing plant the
contractor shall be free to add the machines vehicles and civil works
at no cost to AMC The contractor shall not be allowed to sell the
installed machines as AMC has already paid the contractor for the
machines and ownership of the machines always lies with the AMC
28 Purchasers Right to Accept Any Tender and to Reject Any
or All Tenders
281 The Purchaser reserves the right to accept or reject any tender
and to annul the tendering process and reject all tenders at any time
prior to contract award without thereby incurring any liability to the
affected Tenderer or Tendererrsquos
29 Notification of Award
291 Prior to the expiration of the period of tender validity the
Purchaser will notify the successful tenderer in writing by registered
letter or by cabletelex or fax to be confirmed in writing by
registered letter that its tender has been accepted
292 The notification of award will constitute the formation of the
Contract
293 Upon the successful Tenderers furnishing of performance
security pursuant to ITT Clause 31 the Purchaser will promptly
notify the name of the winning Tenderer to each unsuccessful
Tenderer and will discharge its earnest money deposit pursuant to
ITT Clause 13
30 Signing of Contract
18
301 At the same time as the Purchaser notifies the successful
tenderer that its tender has been accepted the Purchaser will send
the Tenderer the Contract Form provided in the tender documents
incorporating all agreements between the parties
302 Within 21 days of receipt of the Contract Form the successful
Tenderer shall sign and date the Contract and return it to the
Purchaser
31 Performance Security
311 Within 21 days of the receipt of notification of award from the
Purchaser the successful Tenderer shall furnish the performance
security of 3 of the cost of the machines and equipments
quoted by him The performance security shall be in form of Bank
guarantee 2 payment shall be deducted from each payment which
will make the total performance security to 5 The performance
security shall be released at the end of the contract period
312 Failure of the successful Tenderer to comply with the
requirement of ITT Clause 302 or ITT Clause 311 shall constitute
sufficient grounds for the annulment of the award and forfeiture of
the earnest money deposit in which event the Purchaser may make
the award to the next lowest evaluated Tenderer or call for new
tenders
32 Corrupt or Fraudulent Practices
321 The Government requires that Tendererrsquos Bidders
Contractors observe the highest standard of ethics during the
procurement and execution of Government financed contracts In
pursuance of this policy the Government
(a) defines for the purposes of this provision the terms set forth
as follows
(i) ldquocorrupt practicerdquo means the offering giving receiving or
soliciting of any thing of value to influence the action of a public
official in the procurement process or in contract execution and
(ii) ldquofraudulent practicerdquo means a misrepresentation of facts in
order to influence a procurement process or the execution of a
contract to the detriment of the Government and includes collusive
19
practice among Tenderers (prior to or after tender submission)
designed to establish tender prices at artificial non-competitive
levels and to deprive the Government of the benefits of free and open
competition
(b) will reject a proposal for award if it determines that the
Tenderer recommended for award has engaged in corrupt or
fraudulent practices in competing for the contract in question
(c) will declare a firm ineligible either indefinitely or for a stated
period of time to be awarded a Government financed contract if it at
any time determines that the firm has engaged in corrupt or
fraudulent practices in competing for or in executing a Government-
financed contract
322 Furthermore Tenderers shall be aware of the provision stated
in sub-clause 44 and sub-clause 231 of the General Conditions of
Contract
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
Clause Number Topic
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information
Inspection and Audit by Government
5 Patent Rights
6 Performance Security
7 Inspection and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
20
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
21
General Conditions of Contract
1 Definitions
11 In this Contract the following terms shall be interpreted as
indicated
a The Contract means the agreement entered into between the
Purchaser and the Bidder as recorded in the Contract Form signed
by the parties including all the attachments and appendices thereto
and all documents incorporated by reference therein
b The Contract Price means the price payable to the Bidder
under the Contract for the full and proper performance of its
contractual obligations
c The Goods means all the equipment machinery andor other
materials which the Bidder is required to supply to the Purchaser
under the Contract
d Services means services ancillary to the supply of the Goods
such as transportation and insurance and any other incidental
services such as installation commissioning provision of technical
assistance training and other obligations of the Bidder covered
under the Contract
e ldquoGCCrdquo means the General Conditions of Contract contained in
this section
f ldquoSCCrdquo means the Special Conditions of Contract
g ldquoThe Purchaserrdquo means the organization purchasing the Goods
as named in SCC
h ldquoThe Purchaserrsquos countryrdquo is the country named in SCC
i ldquoThe Bidderrdquo means the individual or firm supplying the Goods
and Services under this Contract
j ldquoThe Governmentrdquo means the Government of Maharashtra
State
k ldquoThe Project Siterdquo where applicable means the place or places
named in SCC
l ldquoDayrdquo means calendar day
2 Application
22
21 These General Conditions shall apply to the extent that
provisions in other parts of the Contract do not supersede them
3 Standards
31 The Goods and machines supplied under this Contract shall
conform to the standards mentioned in the Technical Specifications
given in the technical bid of the bidder and when no applicable
standard is mentioned to the authoritative standard appropriate to
the Goods country of origin and such standards shall be the latest
issued by the concerned institution
4 Use of Contract Documents and Information Inspection
and Audit by the Government
41 The Bidder shall not without the Purchasers prior written
consent disclose the Contract or any provision thereof or any
specification plan drawing pattern sample or information furnished
by or on behalf of the Purchaser in connection therewith to any
person other than a person employed by the Bidder in performance
of the Contract Disclosure to any such employed person shall be
made in confidence and shall extend only so far as may be necessary
for purposes of such performance
42 The Bidder shall not without the Purchaserrsquos prior written
consent make use of any document or information enumerated in
GCC Clause 41 except for purposes of performing the contract
43 Any document other than the Contract itself enumerated in
GCC Clause 41 shall remain the property of the Purchaser and shall
be returned (in all copies) to the Purchaser on completion of the
Bidderrsquos performance under the Contract if so required by the
Purchaser
44 The Bidder shall permit the Government to inspect the Bidderrsquos
accounts and records relating to the performance of the Bidder and
to have them audited by auditors appointed by the Government if so
required by the Government
5 Patent Rights
23
51 The Bidder shall indemnify the Purchaser against all third-
party claims of infringement of patent trademark or industrial
design rights arising from use of the Goods or any part thereof in
India
6 Performance Security
61 Within 21 days of receipt of the notification of contract award
the Bidder shall furnish Performance Security to the Purchaser for an
amount of 5 of the Contract Value valid up to 30 days after the date
of completion of Contract
62 The proceeds of the performance security shall be payable to
the Purchaser as compensation for any loss resulting from the
Bidderrsquos failure to complete its obligations under the Contract
63 The Performance Security shall be denominated in Indian
Rupees and shall be in one of the following forms
a) A Bank guarantee issued by a NationalizedScheduled bank in
the form provided in the tender documents or another form
acceptable to the Purchaser or
b) Crossed demand draft or pay order drawn in favor of the
Purchaser or
64 The Performance Security will be discharged by the Purchaser
and returned to the Bidder not later than 60 days following the date
of completion of the Bidderrsquos performance obligations including any
Warranty obligations under the Contract
7 Inspections and Tests
71 The Purchaser or its representative shall have the right to
inspect andor to test the Goods to confirm their conformity to the
Contract specifications at no extra cost to the Contractor
72 The contractor shall conduct third party inspection from any of
the inspection agency approved by Government of India The cost of
the inspection should be paid by the contractor and no
reimbursement shall be made by AMC for the inspection The
inspection shall be done on the basis of the technical bid submitted
by the tenderer or the approved machines and drawings by AMC
24
73 The inspections and tests may be conducted on the premises of
the Bidder or its subcontractor(s) at point of delivery andor at the
Goods final destination If conducted on the premises of the Bidder or
its subcontractor(s) all reasonable facilities and assistance including
access to drawings and production data - shall be furnished to the
inspectors at no charge to the Purchaser
74 Should any inspected or tested Goods fail to conform to the
specifications the Purchaser may reject the goods and the Bidder
shall either replace the rejected Goods or make alterations necessary
to meet specification requirements free of cost to the Purchaser
75 The Purchasers right to inspect test and where necessary
reject the Goods after the Goods arrival at Project Site shall in no
way be limited or waived by reason of the Goods having previously
been inspected tested and passed by the Purchaser or its
representative prior to the Goods shipment
76 Nothing in GCC Clause 7 shall in any way release the Bidder
from any warranty or other obligations under this Contract
77 Manuals and Drawings
771 Before the goods and equipment are taken over by the
Purchaser the Bidder shall supply operation and maintenance
manuals together with drawings of the goods and equipment These
shall be in such detail as will enable the Purchaser to operate
maintain adjust and repair all parts of the equipment as stated in the
specifications
772 The manuals and drawings shall be in the ruling language
(English) and in such form and numbers as stated in the contract
773 Unless and otherwise agreed the goods and equipment shall
not be considered to be completed for the purpose of taking over
until such manuals and drawings have been supplied to the
Purchaser
8 Packing
25
81 The packing of the goods may not be required however the
documents like operational manual and list of equipments shall be
submitted in two copies in booklet form
9 Delivery and Documents
91 Delivery of the Goods shall be made by the Bidder in
accordance with the terms specified by the Purchaser in the
Notification of Award The bills for the machines shall be submitted
in duplicate The bills for only those equipment will be accepted
whose delivery at site has been done by the bidder
10 Insurance
101 It will the responsibility of the contractor that the Goods and
machines supplied under the Contract shall be fully insured by the
contractor in Indian Rupees against loss or damage incidental to
manufacture or acquisition transportation storage and delivery for
complete duration of the contract For delivery of goods at site the
insurance shall be obtained by the Bidder in an amount equal to
110 of the value of the goods from ldquowarehouse to warehouserdquo
(final destinations) on ldquoAll Risksrdquo basis including War risks and
Strikes
11 Transportation
111 Where the Bidder is required under the Contract to transport
the Goods to a specified place of destination within India defined as
Project site the Bidder as shall be specified in the Contract shall
arrange transport to such place of destination in India including
insurance and the related cost shall be included in the Contract Price
12 Incidental Services
121 The Bidder may be required to provide any or all of the
following services including additional services if any specified in
SCC
a performance or supervision of the on-site assembly andor
start-up of the supplied Goods
b furnishing of tools required for assembly andor maintenance
of the supplied Goods
26
c furnishing of detailed operations and maintenance manual for
each appropriate unit of supplied Goods
d performance or supervision or maintenance andor repair of
the supplied Goods for a period of time agreed by the parties
provided that this service shall not relieve the Bidder of any
warranty obligations under this Contract and
e training of the Purchasers personnel at the Bidderrsquos plant
andor on-site in assembly start-up operation maintenance andor
repair of the supplied Goods
f detailed specifications of each equipment in detail to be
provided
g arrangement of required vehicles and implements for loading
amp unloading of Equipment at Facilities and other required infra for
assembling of equipment
122 Prices charged by the Bidder for incidental services if not
included in the Contract Price for the Goods shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates
charged to other parties by the Bidder for similar services
13 Spare Parts
131 As specified in the SCC the contractor shall be required to
provide any or all of the materials and spare parts at no cost to AMC
132 The Bidder shall carry sufficient inventories to assure ex-stock
supply of consumable spares for the Goods such as gaskets plugs
washers belts etc
14 Warranty
141 The Bidder warrants that the Goods supplied under this
Contract are new unused of the most recent or current models and
that they incorporate all recent improvements in design and
materials unless provided otherwise in the Contract The Bidder
further warrants that all Goods supplied under this Contract shall
have no defect arising from design materials or workmanship
(except when the design andor material is required by the
Purchasers Specifications) or from any act or omission of the Bidder
that may develop under normal use of the supplied Goods in the
conditions prevailing in the country of final destination
27
142 This warranty shall remain valid for 12 months after all the
sections of the entire plant have been delivered and successfully
commissioned and desired outputs are achieved as indicated in the
Contract Although section wise commissioning is proposed the
warranty will come into effect only after completion of all the
sections The Bidder shall in addition comply with the performance
andor consumption guarantees specified under the Contract If for
reasons attributable to the Bidder these guarantees are not attained
in whole or in part the Bidder shall at its discretion either
a make such changes modifications andor additions to the
Goods or any part thereof as may be necessary in order to attain the
contractual guarantees specified in the Contract at its own cost and
expense and to carry out further performance tests in accordance
with SCC Clause 2 OR
b pay liquidated damages to the Purchaser with respect to the
failure to meet the contractual guarantees The rate of these
liquidated damages shall be as specified in the Technical
Specifications
143 If the Bidder having been notified fails to remedy the defect(s)
within 15 days the Purchaser may proceed to take such remedial
action as may be necessary at the Bidderrsquos risk and expense and
without prejudice to any other rights which the Purchaser may have
against the Bidder under the Contract
15 Payment
151 The method and conditions of payment to be made to the
Bidder under this Contract shall be specified in the SCC
152 The Bidderrsquos request(s) for payment shall be made to the
Purchaser in writing accompanied by an invoice describing as
appropriate the Goods delivered and the Services performed and by
documents submitted pursuant to GCC Clause 9 and upon fulfillment
of other obligations stipulated in the contract
153 Payments shall be made promptly by the Purchaser but in no
case later than thirty (30) days after submission of the invoice or
claim by the Bidder
28
154 Payment shall be made in Indian Rupees
16 Prices
161 Prices payable to the Bidder as stated in the contract shall be
firm during the performance of the contract
17 Change Orders
171 The Purchaser may at any time by written order given to the
Bidder pursuant to GCC Clause 31 make changes within the general
scope of the Contract in any one or more of the following
a drawings designs or specifications where Goods to be
furnished under the Contract are to be specifically manufactured for
the Purchaser
b the Services to be provided by the Bidder
172 If any such change causes an increase or decrease in the cost of
or the time required for the Bidderrsquos performance of any provisions
under the Contract an equitable adjustment shall be made in the
Contract Price or delivery schedule or both and the Contract shall
accordingly be amended Any claims by the Bidder for adjustment
under this clause must be asserted within thirty (30) days from the
date of the Bidderrsquos receipt of the Purchasers change order
18 Contract Amendments
181 Subject to GCC Clause 17 no variation in or modification of the
terms of the Contract shall be made except by written amendment
signed by the parties
19 Assignment
191 The Bidder shall not assign in whole or in part its obligations
to perform under the Contract except with the Purchasers prior
written consent
20 Subcontracts
201 Any subcontracting work should be done after confirmation of
the same from the AMC
21 Delays in the Bidderrsquos Performance
29
211 Delivery of the Goods and performance of the Services shall be
made by the Bidder in accordance with the time schedule specified
by the Purchaser in the Schedule of Requirements
212 If at any time during performance of the Contract the Bidder or
its sub-contractor(s) should encounter conditions impeding timely
delivery of the Goods and performance of Services the Bidder shall
promptly notify the Purchaser in writing of the fact of the delay its
likely duration and its cause(s) As soon as practicable after receipt of
the Bidderrsquos notice the Purchaser shall evaluate the situation and
may at its discretion extend the Bidderrsquos time for performance with
or without liquidated damages in which case the extension shall be
ratified by the parties by amendment of the Contract
213 Except as provided under GCC Clause 24 a delay by the Bidder
in the performance of its delivery obligations shall render the Bidder
liable to the imposition of liquidated damages pursuant to GCC
Clause 22 unless an extension of time is agreed upon pursuant to
GCC Clause 212 without the application of liquidated damages
22 Liquidated Damages
221 Subject to GCC Clause 24 if the Bidder fails to deliver any or all
of the Goods or to perform the Services within the period(s) specified
in the Contract the Purchaser shall without prejudice to its other
remedies under the Contract deduct from the Contract Price as
liquidated damages a sum equivalent to 2 of the delivered price of
the delayed Goods or unperformed Services for each week or part
thereof of delay until actual delivery or performance up to a
maximum deduction of 10 of the Contract Price Once the
maximum is reached the Purchaser may consider termination of the
Contract pursuant to GCC Clause 23 Liquidated Damages is applicable
only up to commission and trial run period and not applicable to AMC
phase of the Contract
23 Termination for Default
30
231 The Purchaser may without prejudice to any other remedy for
breach of contract by written notice of default sent to the Bidder
terminate the Contract in whole or part
a if the Bidder fails to deliver any or all of the Goods within the
period(s) specified in the Contract or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 21 or
b if the Bidder fails to perform any other obligation(s) under the
Contract
c If the Bidder in the judgement of the Purchaser has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract
For the purpose of this Clause
ldquoCorrupt practicerdquo means the offering giving receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution
ldquofraudulent practicerdquo means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition
232 In the event the Purchaser terminates the Contract in whole or
in part pursuant to GCC Clause 231 the Purchaser may procure
upon such terms and in such manner as it deems appropriate Goods
or Services similar to those undelivered and the Bidder shall be
liable to the Purchaser for any excess costs for such similar Goods or
Services However the Bidder shall continue the performance of the
Contract to the extent not terminated
24 Force Majeure
241 Not with standing the provisions of GCC Clauses 21 22 23 the
Bidder shall not be liable for forfeiture of its performance security
liquidated damages or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
8
tender and its qualifications to perform the Contract if its tender is
accepted
112 The documentary evidence of the Tenderers qualifications to
perform the Contract if its tender is accepted shall establish to the
Purchasers satisfaction
a) That the average financial turnover of the bidder is 1 crore
in last 3 financial years
b) That The tenderer must have experience of Supply
installation and Commissioning of at least one Bio methanation
plant of 5 TPD capacity in India within last 1 years
Or
b) The bidder must have technology transfer agreement with
BARC (Bhabha Atomic Research Center ) for Biomethanation
plant
Bidder are required to submit Work order copies and
ExecutionCompletion Certificate Technology Transfer Certificate
from BARC AMC may call for original certificates for verification
12 Documents Establishing Goods Eligibility and Conformity
to Tender Documents
121 Pursuant to ITB Clause 7 the Tenderer shall furnish as part of
its tender documents establishing the eligibility and conformity to
the tender documents of all goods and services which the tenderer
proposes to supply under the contract
122 The documentary evidence of conformity of the goods and
services to the tender documents may be in the form of literature
drawings and data and shall consist of
a) a detailed description of the proposed essential technical and
performance characteristics of the goods and machines
b) a list giving full particulars including available sources and
current prices of spare parts special tools etc necessary for the
9
proper and continuing functioning of the goods for a period of one
years following commencement of the use of the goods by the
Purchaser and
c) an item-by-item commentary on the Purchasers Technical
Specifications demonstrating substantial responsiveness of the goods
and services to those specifications or a statement of deviations and
exceptions to the provisions of the Technical Specifications
123 For purposes of the commentary to be furnished pursuant to
ITT Clause 122(c) above the Tenderer shall note that standards for
workmanship material and equipment and references to brand
names or catalogue numbers designated by the Purchaser in its
Technical Specifications are intended to be descriptive only and not
restrictive The Tenderer may substitute alternative standards brand
names andor catalogue numbers in its tender provided that it
demonstrates to the Purchasers satisfaction that the substitutions
ensure substantial equivalence to those designated in the Technical
Specifications
13 Earnest Money Deposit
131 Pursuant to ITT Clause 7 the Tenderer shall furnish as part of
its tender earnest money deposit in the amount as specified in
Section-V - Schedule of Requirements
132 The earnest money deposit is required to protect the Purchaser
against the risk of Tenderers conduct which would warrant the
securitys forfeiture pursuant to ITB Clause 137
133 The earnest money deposit shall be denominated in Indian
Rupees and shall be paid online only on the portal
134 Any tender not secured in accordance with ITT Clauses 131
and the Purchaser as non-responsive pursuant to ITT Clause 22 will
reject 133 above
135 Unsuccessful Tenderers earnest money deposit will be
dischargedreturned as promptly as possible but not later than 30
days after the expiration of the period of tender validity prescribed
by the Purchaser pursuant to ITT Clause 14
10
136 The successful Tenderers earnest money deposit will be
discharged upon the Tenderer signing the Contract pursuant to ITT
Clause 30 and furnishing the performance security pursuant to ITB
Clause 31
137 The tender security may be forfeited
(a) if a Tenderer (i) withdraws its tender during the period of
tender validity specified by the Tenderer on the Tender Form or (ii)
does not accept the correction of errors pursuant to ITT Clause 222
or
(b) in case of a successful Tenderer if the Tenderer fails (i) to sign
the Contract in accordance with ITT Clause 30 or (ii) to furnish
performance security in accordance with ITT Clause 31
14 Period of Validity of Tenders
141 Tenders shall remain valid for 120 days after the deadline for
submission of tenders prescribed by the Purchaser pursuant to ITT
Clause 17 A tender valid for a shorter period shall be rejected by the
Purchaser as non-responsive
142 In exceptional circumstances the Purchaser may solicit the
Tenderers consent to an extension of the period of validity The
request and the responses thereto shall be made in writing (or by
cable or telex or fax) The earnest money deposit provided under ITT
Clause 13 shall also be suitably extended A Tenderer may refuse the
request without forfeiting its earnest money deposit A Tenderer
granting the request will not be required nor permitted to modify its
tender
15 Format and Signing of Tender
151 Bidders shall submit offers that comply with the requirements
of the bidding documents including the basic technical design as
indicated in the drawing and specifications Alternatives will not be
considered
11
D Submission of Bids
16 Bidding through E-Tendering System
161 The tendering under this contract is electronic bid submission
through website httpamcmaharashtraetendersin Detailed
guidelines for viewing bids and submission of online bids are given
on the website The Invitation for Tenders is published on this
website Any citizen or prospective tenderer can logon to this
website and view the Invitation for Tenders and can view the details
of works for which bids are invited The prospective tenderer can
submit tenders online however the bidder is required to have
enrolmentregistration in the website and should have valid Digital
Signature Certificate (DSC) The DSC can be obtained from any
authorized certifying agencies The tenderer should register in the
web site httpamcmaharashtraetendersin After this the
tenderer can login the site through the secured login Bidders are
requested to go through the bid documents carefully and submit the
required information without exception otherwise bids will be
rejected
162 The completed tender should be uploaded on the website
given above through e-tendering along with scanned copies of
requisite certificates as are mentioned in different sections in the
bidding document and scanned copy of the Bid Security No financial
quote shall be uploaded as part of the Technical Bid
163 The bidder shall submit online the requirements under
qualification criteria and Technical and Financial parts The contents
of the Post Qualification and Technical and Financial bid shall be as
specified in ITT After electronic on line bid submission the system
generates a unique bid reference number which is time stamped
This shall be treated as acknowledgement of bid submission
17 Deadline for Submission of the Bids
171 Bids must be received by the Employer online not later than
the due date as specified in the online portal
172 The Employer may extend the deadline for submission of bids
by issuing an amendment in accordance with Clause 5 in which case
12
all rights and obligations of the Employer and the bidders previously
subject to the original deadline will then be subject to the new
deadline
18 Late Bids
181 The electronic bidding system would not allow any late
submission of bids after due date and time as per server time
19 Modification and Withdrawal of Bids
191 Tenderers may modify their bids online before the deadline
prescribed in Clause 17 for bid modification and consequential re-
submission
192 No tenders may be modified after the deadline for submission
of Bids
193 Withdrawal or modification of a tender between the deadline
for submission of tender and the expiration of the original period of
bid validity specified in Clause 141 above or as extended pursuant to
Clause 142 is not allowed in the e-procurement system If a tenderer
does the same through any other medium then it may result in the
forfeiture of the Tender security pursuant to Clause 137
E Tender Opening and Evaluation of Tenders
20 Opening of Tenders by the Purchaser
201 The Purchaser will open all the Technical Cover in the
presence of Tenderersrsquo representatives who choose to attend as per
e-portal
The Tendererrsquos representatives who are present shall sign a register
evidencing their attendance In the event of the specified date of
Tender opening being declared a holiday for the Purchaser the
tenders shall be opened at the appointed time and location on the
next working day
202 The Tendererrsquos names tender modifications or withdrawals
tender prices discounts and the presence or absence of requisite
tender security and such other details as the Purchaser at its
discretion may consider appropriate will be announced at the
opening No tender shall be rejected at tender opening except for late
13
tenders which shall be returned unopened to the Tenderer pursuant
to ITT Clause 18
203 Tenders (and modifications sent pursuant to ITT Clause 192)
that are not opened and read out at tender opening shall not be
considered further for evaluation irrespective of the circumstances
204 The Purchaser will prepare minutes of the tender opening The
Financial Bid of the successful bidders only will be opened after
completion of technical bid evaluation
21 Clarification of Tenders
During evaluation of tenders the Purchaser may at its discretion ask
the Tenderer for a clarification of its tender The request for
clarification and the response shall be in writing and no change in
prices or substance of the tender shall be sought offered or
permitted
22 Preliminary Examination
221 The Purchaser will examine the technical bid to determine
whether they are complete whether required sureties have been
furnished and whether the tenders are generally in order
2211 The evaluation committee appointed by the Employer as
a whole and each of its members individually will evaluate the
Technical Bids on the basis of their responsiveness to the ITB A Bid
shall be rejected at this stage if it does not respond to important
aspects of the Bid Document
222 After the evaluation of technical Bid is completed the
Purchaser shall notify those bidders whose Bids meet the
qualification criteria as detailed in Section VII or were considered
responsive to the bid document indicating that the presentation has
to be made by their company After presentation by the company the
committee members or the person authorized by the commissioner
may visit the plant established by the bidder The bidder to whom the
committee is satisfied with the documents and the presentation and
the site visit if required will be informed as technically qualified
bidders
14
223 The financial bid opening date shall not be informed to the
technically disqualified bidders
2231 The Financial Cover shall be opened publicly in the
presence of the bidders representatives who choose to attend The
bid opening shall be online only
2232 The evaluation committee will determine whether the
Financial Bids are complete correct any computational errors
Arithmetical errors will be rectified on the following basis If there is
a discrepancy between the unit price and the total price that is
obtained by multiplying the unit price and quantity the unit price
shall prevail and the total price shall be corrected If there is a
discrepancy between words and figures the lower of the two will
prevail If the Bidder does not accept the correction of errors its
tender will be rejected and its tender security may be forfeited
2233 All necessary civil work and other related works for
Biomethanation plant is to be done by the successful bidder AMC
shall provide the land road upto the plant site electric connection
upto the plant site AMC shall provide approximately 5 TPD non-veg
organic waste and 5 TPD organic (Veg) waste as feed for each
seperate plant
2234 During the contract period and always the processing
plant machines land and civil works shall be the property of AMC At
the time of handover of the plant to AMC the contractor shall
handover the plant in good running condition If it is found that the
plant is inoperative or needs any repairs and maintenance the
contractor should either repair it to satisfaction of the AMC or if AMC
get it done by its own resources the amount shall be deducted from
the performance security deposit submitted by the contractor
2235 This biding is called for Burudgaon Depo location The
selection procedure of the successful bidder shall be as under
a Whereas successful bidder shall be the bidder quoting lowest for
the Supply Installation Erection commissioning and Operation amp
Maintenance of Municipal Solid Waste Treatment Equipmentrsquos and
Machineries (L-1)
15
b The cost of the MSW Plant and allied accessories for operation
of the plant quoted by the bidder shall be paid by the AMC as per the
payment schedule given in the tender document The value of the
processing plant and allied accessories wit OampM quoted by the
bidder shall be the sole bidding criteria for the tender
c The successful contractor shall not be paid any kind tipping
fees for operating the plant The contractor shall sell the products
(GasElectricitycompostothers) recovered from the processing of
the waste to recover the operation and maintenance cost and the
profits
224 Term of Contract
The term of the contract shall be 1 YEAR and can be renewed for a
similar term if the performance of the contractor is satisfactory
225 Scope of Work
The scope of the work shall be processing of the 5 + 5 TPD waste for
each site (two sites)received at site The rejects from the processing
should not be more than 15 of the total waste The rejects shall be
kept at one side of the site from where the CampT contractor shall lift
the waste and transport it to landfill site
226 Prior to the detailed evaluation pursuant to ITB Clause 23 the
Purchaser will determine the substantial responsiveness of each
tender to the tender documents For purposes of these Clauses a
substantially responsive tender is one which conforms to all the
terms and conditions of the tender documents without material
deviations Deviations from or objections or reservations to critical
provisions such as those concerning Performance Security (GCC
Clause 6) Warranty (GCC Clause 14) Force Majeure (GCC Clause 24)
Limitation of liability (GCC Clause 28) Applicable law (GCC Clause
30) and Taxes amp Duties (GCC Clause 32) will be deemed to be a
material deviation The Purchasers determination of a tenders
responsiveness is to be based on the contents of the tender itself
without recourse to extrinsic evidence
16
227 If a tender is not substantially responsive it will be rejected by
the Purchaser and may not subsequently be made responsive by the
Tenderer by correction of the non-conformity
23 Evaluation and Comparison of Tenders
231 The Purchaser will evaluate and compare the tenders which
have been determined to be substantially responsive pursuant to ITT
Clause 22 for each schedule separately No tender will be considered
if the complete requirements covered in the schedule is not included
in the tender However as stated in ITT Clause 9 The tenderer shall
quote his final prices taken into account all discounts
24 Contacting the Purchaser
241 Subject to ITT Clause 21 no Tenderer shall contact the
Purchaser on any matter relating to its tender from the time of the
tender opening to the time the Contract is awarded If the tenderer
wishes to bring additional information to the notice of the purchaser
it should do so in writing
242 Any effort by a Tenderer to influence the Purchaser in its
decisions on tender evaluation tender comparison or contract award
may result in rejection of the Tenderers tender
F Award of Contract
25 Post qualification
251 In the absence of prequalification the Purchaser will determine
to its satisfaction whether the Tenderer that is selected as having
submitted the lowest evaluated responsive tender meets the criteria
specified in ITT Clause 112 (b) and is qualified to perform the
contract satisfactorily
252 The determination will take into account the Tenderers
financial technical and production capabilities It will be based upon
an examination of the documentary evidence of the Tenderers
qualifications submitted by the Tenderer pursuant to ITT Clause 11
as well as such other information as the Purchaser deems necessary
and appropriate
26 Award Criteria
17
261 Subject to ITT Clause 28 the Purchaser will award the Contract
to the successful Tenderer whose tender has been determined to be
substantially responsive and has been determined as the lowest
evaluated tender provided further that the Tenderer is determined
to be qualified to perform the Contract satisfactorily
27 Right to vary Quantities
271 The contractor shall have to erect the machines proposed by
him in the technical bid and presentation However during the
contract duration for better performance of the processing plant the
contractor shall be free to add the machines vehicles and civil works
at no cost to AMC The contractor shall not be allowed to sell the
installed machines as AMC has already paid the contractor for the
machines and ownership of the machines always lies with the AMC
28 Purchasers Right to Accept Any Tender and to Reject Any
or All Tenders
281 The Purchaser reserves the right to accept or reject any tender
and to annul the tendering process and reject all tenders at any time
prior to contract award without thereby incurring any liability to the
affected Tenderer or Tendererrsquos
29 Notification of Award
291 Prior to the expiration of the period of tender validity the
Purchaser will notify the successful tenderer in writing by registered
letter or by cabletelex or fax to be confirmed in writing by
registered letter that its tender has been accepted
292 The notification of award will constitute the formation of the
Contract
293 Upon the successful Tenderers furnishing of performance
security pursuant to ITT Clause 31 the Purchaser will promptly
notify the name of the winning Tenderer to each unsuccessful
Tenderer and will discharge its earnest money deposit pursuant to
ITT Clause 13
30 Signing of Contract
18
301 At the same time as the Purchaser notifies the successful
tenderer that its tender has been accepted the Purchaser will send
the Tenderer the Contract Form provided in the tender documents
incorporating all agreements between the parties
302 Within 21 days of receipt of the Contract Form the successful
Tenderer shall sign and date the Contract and return it to the
Purchaser
31 Performance Security
311 Within 21 days of the receipt of notification of award from the
Purchaser the successful Tenderer shall furnish the performance
security of 3 of the cost of the machines and equipments
quoted by him The performance security shall be in form of Bank
guarantee 2 payment shall be deducted from each payment which
will make the total performance security to 5 The performance
security shall be released at the end of the contract period
312 Failure of the successful Tenderer to comply with the
requirement of ITT Clause 302 or ITT Clause 311 shall constitute
sufficient grounds for the annulment of the award and forfeiture of
the earnest money deposit in which event the Purchaser may make
the award to the next lowest evaluated Tenderer or call for new
tenders
32 Corrupt or Fraudulent Practices
321 The Government requires that Tendererrsquos Bidders
Contractors observe the highest standard of ethics during the
procurement and execution of Government financed contracts In
pursuance of this policy the Government
(a) defines for the purposes of this provision the terms set forth
as follows
(i) ldquocorrupt practicerdquo means the offering giving receiving or
soliciting of any thing of value to influence the action of a public
official in the procurement process or in contract execution and
(ii) ldquofraudulent practicerdquo means a misrepresentation of facts in
order to influence a procurement process or the execution of a
contract to the detriment of the Government and includes collusive
19
practice among Tenderers (prior to or after tender submission)
designed to establish tender prices at artificial non-competitive
levels and to deprive the Government of the benefits of free and open
competition
(b) will reject a proposal for award if it determines that the
Tenderer recommended for award has engaged in corrupt or
fraudulent practices in competing for the contract in question
(c) will declare a firm ineligible either indefinitely or for a stated
period of time to be awarded a Government financed contract if it at
any time determines that the firm has engaged in corrupt or
fraudulent practices in competing for or in executing a Government-
financed contract
322 Furthermore Tenderers shall be aware of the provision stated
in sub-clause 44 and sub-clause 231 of the General Conditions of
Contract
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
Clause Number Topic
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information
Inspection and Audit by Government
5 Patent Rights
6 Performance Security
7 Inspection and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
20
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
21
General Conditions of Contract
1 Definitions
11 In this Contract the following terms shall be interpreted as
indicated
a The Contract means the agreement entered into between the
Purchaser and the Bidder as recorded in the Contract Form signed
by the parties including all the attachments and appendices thereto
and all documents incorporated by reference therein
b The Contract Price means the price payable to the Bidder
under the Contract for the full and proper performance of its
contractual obligations
c The Goods means all the equipment machinery andor other
materials which the Bidder is required to supply to the Purchaser
under the Contract
d Services means services ancillary to the supply of the Goods
such as transportation and insurance and any other incidental
services such as installation commissioning provision of technical
assistance training and other obligations of the Bidder covered
under the Contract
e ldquoGCCrdquo means the General Conditions of Contract contained in
this section
f ldquoSCCrdquo means the Special Conditions of Contract
g ldquoThe Purchaserrdquo means the organization purchasing the Goods
as named in SCC
h ldquoThe Purchaserrsquos countryrdquo is the country named in SCC
i ldquoThe Bidderrdquo means the individual or firm supplying the Goods
and Services under this Contract
j ldquoThe Governmentrdquo means the Government of Maharashtra
State
k ldquoThe Project Siterdquo where applicable means the place or places
named in SCC
l ldquoDayrdquo means calendar day
2 Application
22
21 These General Conditions shall apply to the extent that
provisions in other parts of the Contract do not supersede them
3 Standards
31 The Goods and machines supplied under this Contract shall
conform to the standards mentioned in the Technical Specifications
given in the technical bid of the bidder and when no applicable
standard is mentioned to the authoritative standard appropriate to
the Goods country of origin and such standards shall be the latest
issued by the concerned institution
4 Use of Contract Documents and Information Inspection
and Audit by the Government
41 The Bidder shall not without the Purchasers prior written
consent disclose the Contract or any provision thereof or any
specification plan drawing pattern sample or information furnished
by or on behalf of the Purchaser in connection therewith to any
person other than a person employed by the Bidder in performance
of the Contract Disclosure to any such employed person shall be
made in confidence and shall extend only so far as may be necessary
for purposes of such performance
42 The Bidder shall not without the Purchaserrsquos prior written
consent make use of any document or information enumerated in
GCC Clause 41 except for purposes of performing the contract
43 Any document other than the Contract itself enumerated in
GCC Clause 41 shall remain the property of the Purchaser and shall
be returned (in all copies) to the Purchaser on completion of the
Bidderrsquos performance under the Contract if so required by the
Purchaser
44 The Bidder shall permit the Government to inspect the Bidderrsquos
accounts and records relating to the performance of the Bidder and
to have them audited by auditors appointed by the Government if so
required by the Government
5 Patent Rights
23
51 The Bidder shall indemnify the Purchaser against all third-
party claims of infringement of patent trademark or industrial
design rights arising from use of the Goods or any part thereof in
India
6 Performance Security
61 Within 21 days of receipt of the notification of contract award
the Bidder shall furnish Performance Security to the Purchaser for an
amount of 5 of the Contract Value valid up to 30 days after the date
of completion of Contract
62 The proceeds of the performance security shall be payable to
the Purchaser as compensation for any loss resulting from the
Bidderrsquos failure to complete its obligations under the Contract
63 The Performance Security shall be denominated in Indian
Rupees and shall be in one of the following forms
a) A Bank guarantee issued by a NationalizedScheduled bank in
the form provided in the tender documents or another form
acceptable to the Purchaser or
b) Crossed demand draft or pay order drawn in favor of the
Purchaser or
64 The Performance Security will be discharged by the Purchaser
and returned to the Bidder not later than 60 days following the date
of completion of the Bidderrsquos performance obligations including any
Warranty obligations under the Contract
7 Inspections and Tests
71 The Purchaser or its representative shall have the right to
inspect andor to test the Goods to confirm their conformity to the
Contract specifications at no extra cost to the Contractor
72 The contractor shall conduct third party inspection from any of
the inspection agency approved by Government of India The cost of
the inspection should be paid by the contractor and no
reimbursement shall be made by AMC for the inspection The
inspection shall be done on the basis of the technical bid submitted
by the tenderer or the approved machines and drawings by AMC
24
73 The inspections and tests may be conducted on the premises of
the Bidder or its subcontractor(s) at point of delivery andor at the
Goods final destination If conducted on the premises of the Bidder or
its subcontractor(s) all reasonable facilities and assistance including
access to drawings and production data - shall be furnished to the
inspectors at no charge to the Purchaser
74 Should any inspected or tested Goods fail to conform to the
specifications the Purchaser may reject the goods and the Bidder
shall either replace the rejected Goods or make alterations necessary
to meet specification requirements free of cost to the Purchaser
75 The Purchasers right to inspect test and where necessary
reject the Goods after the Goods arrival at Project Site shall in no
way be limited or waived by reason of the Goods having previously
been inspected tested and passed by the Purchaser or its
representative prior to the Goods shipment
76 Nothing in GCC Clause 7 shall in any way release the Bidder
from any warranty or other obligations under this Contract
77 Manuals and Drawings
771 Before the goods and equipment are taken over by the
Purchaser the Bidder shall supply operation and maintenance
manuals together with drawings of the goods and equipment These
shall be in such detail as will enable the Purchaser to operate
maintain adjust and repair all parts of the equipment as stated in the
specifications
772 The manuals and drawings shall be in the ruling language
(English) and in such form and numbers as stated in the contract
773 Unless and otherwise agreed the goods and equipment shall
not be considered to be completed for the purpose of taking over
until such manuals and drawings have been supplied to the
Purchaser
8 Packing
25
81 The packing of the goods may not be required however the
documents like operational manual and list of equipments shall be
submitted in two copies in booklet form
9 Delivery and Documents
91 Delivery of the Goods shall be made by the Bidder in
accordance with the terms specified by the Purchaser in the
Notification of Award The bills for the machines shall be submitted
in duplicate The bills for only those equipment will be accepted
whose delivery at site has been done by the bidder
10 Insurance
101 It will the responsibility of the contractor that the Goods and
machines supplied under the Contract shall be fully insured by the
contractor in Indian Rupees against loss or damage incidental to
manufacture or acquisition transportation storage and delivery for
complete duration of the contract For delivery of goods at site the
insurance shall be obtained by the Bidder in an amount equal to
110 of the value of the goods from ldquowarehouse to warehouserdquo
(final destinations) on ldquoAll Risksrdquo basis including War risks and
Strikes
11 Transportation
111 Where the Bidder is required under the Contract to transport
the Goods to a specified place of destination within India defined as
Project site the Bidder as shall be specified in the Contract shall
arrange transport to such place of destination in India including
insurance and the related cost shall be included in the Contract Price
12 Incidental Services
121 The Bidder may be required to provide any or all of the
following services including additional services if any specified in
SCC
a performance or supervision of the on-site assembly andor
start-up of the supplied Goods
b furnishing of tools required for assembly andor maintenance
of the supplied Goods
26
c furnishing of detailed operations and maintenance manual for
each appropriate unit of supplied Goods
d performance or supervision or maintenance andor repair of
the supplied Goods for a period of time agreed by the parties
provided that this service shall not relieve the Bidder of any
warranty obligations under this Contract and
e training of the Purchasers personnel at the Bidderrsquos plant
andor on-site in assembly start-up operation maintenance andor
repair of the supplied Goods
f detailed specifications of each equipment in detail to be
provided
g arrangement of required vehicles and implements for loading
amp unloading of Equipment at Facilities and other required infra for
assembling of equipment
122 Prices charged by the Bidder for incidental services if not
included in the Contract Price for the Goods shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates
charged to other parties by the Bidder for similar services
13 Spare Parts
131 As specified in the SCC the contractor shall be required to
provide any or all of the materials and spare parts at no cost to AMC
132 The Bidder shall carry sufficient inventories to assure ex-stock
supply of consumable spares for the Goods such as gaskets plugs
washers belts etc
14 Warranty
141 The Bidder warrants that the Goods supplied under this
Contract are new unused of the most recent or current models and
that they incorporate all recent improvements in design and
materials unless provided otherwise in the Contract The Bidder
further warrants that all Goods supplied under this Contract shall
have no defect arising from design materials or workmanship
(except when the design andor material is required by the
Purchasers Specifications) or from any act or omission of the Bidder
that may develop under normal use of the supplied Goods in the
conditions prevailing in the country of final destination
27
142 This warranty shall remain valid for 12 months after all the
sections of the entire plant have been delivered and successfully
commissioned and desired outputs are achieved as indicated in the
Contract Although section wise commissioning is proposed the
warranty will come into effect only after completion of all the
sections The Bidder shall in addition comply with the performance
andor consumption guarantees specified under the Contract If for
reasons attributable to the Bidder these guarantees are not attained
in whole or in part the Bidder shall at its discretion either
a make such changes modifications andor additions to the
Goods or any part thereof as may be necessary in order to attain the
contractual guarantees specified in the Contract at its own cost and
expense and to carry out further performance tests in accordance
with SCC Clause 2 OR
b pay liquidated damages to the Purchaser with respect to the
failure to meet the contractual guarantees The rate of these
liquidated damages shall be as specified in the Technical
Specifications
143 If the Bidder having been notified fails to remedy the defect(s)
within 15 days the Purchaser may proceed to take such remedial
action as may be necessary at the Bidderrsquos risk and expense and
without prejudice to any other rights which the Purchaser may have
against the Bidder under the Contract
15 Payment
151 The method and conditions of payment to be made to the
Bidder under this Contract shall be specified in the SCC
152 The Bidderrsquos request(s) for payment shall be made to the
Purchaser in writing accompanied by an invoice describing as
appropriate the Goods delivered and the Services performed and by
documents submitted pursuant to GCC Clause 9 and upon fulfillment
of other obligations stipulated in the contract
153 Payments shall be made promptly by the Purchaser but in no
case later than thirty (30) days after submission of the invoice or
claim by the Bidder
28
154 Payment shall be made in Indian Rupees
16 Prices
161 Prices payable to the Bidder as stated in the contract shall be
firm during the performance of the contract
17 Change Orders
171 The Purchaser may at any time by written order given to the
Bidder pursuant to GCC Clause 31 make changes within the general
scope of the Contract in any one or more of the following
a drawings designs or specifications where Goods to be
furnished under the Contract are to be specifically manufactured for
the Purchaser
b the Services to be provided by the Bidder
172 If any such change causes an increase or decrease in the cost of
or the time required for the Bidderrsquos performance of any provisions
under the Contract an equitable adjustment shall be made in the
Contract Price or delivery schedule or both and the Contract shall
accordingly be amended Any claims by the Bidder for adjustment
under this clause must be asserted within thirty (30) days from the
date of the Bidderrsquos receipt of the Purchasers change order
18 Contract Amendments
181 Subject to GCC Clause 17 no variation in or modification of the
terms of the Contract shall be made except by written amendment
signed by the parties
19 Assignment
191 The Bidder shall not assign in whole or in part its obligations
to perform under the Contract except with the Purchasers prior
written consent
20 Subcontracts
201 Any subcontracting work should be done after confirmation of
the same from the AMC
21 Delays in the Bidderrsquos Performance
29
211 Delivery of the Goods and performance of the Services shall be
made by the Bidder in accordance with the time schedule specified
by the Purchaser in the Schedule of Requirements
212 If at any time during performance of the Contract the Bidder or
its sub-contractor(s) should encounter conditions impeding timely
delivery of the Goods and performance of Services the Bidder shall
promptly notify the Purchaser in writing of the fact of the delay its
likely duration and its cause(s) As soon as practicable after receipt of
the Bidderrsquos notice the Purchaser shall evaluate the situation and
may at its discretion extend the Bidderrsquos time for performance with
or without liquidated damages in which case the extension shall be
ratified by the parties by amendment of the Contract
213 Except as provided under GCC Clause 24 a delay by the Bidder
in the performance of its delivery obligations shall render the Bidder
liable to the imposition of liquidated damages pursuant to GCC
Clause 22 unless an extension of time is agreed upon pursuant to
GCC Clause 212 without the application of liquidated damages
22 Liquidated Damages
221 Subject to GCC Clause 24 if the Bidder fails to deliver any or all
of the Goods or to perform the Services within the period(s) specified
in the Contract the Purchaser shall without prejudice to its other
remedies under the Contract deduct from the Contract Price as
liquidated damages a sum equivalent to 2 of the delivered price of
the delayed Goods or unperformed Services for each week or part
thereof of delay until actual delivery or performance up to a
maximum deduction of 10 of the Contract Price Once the
maximum is reached the Purchaser may consider termination of the
Contract pursuant to GCC Clause 23 Liquidated Damages is applicable
only up to commission and trial run period and not applicable to AMC
phase of the Contract
23 Termination for Default
30
231 The Purchaser may without prejudice to any other remedy for
breach of contract by written notice of default sent to the Bidder
terminate the Contract in whole or part
a if the Bidder fails to deliver any or all of the Goods within the
period(s) specified in the Contract or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 21 or
b if the Bidder fails to perform any other obligation(s) under the
Contract
c If the Bidder in the judgement of the Purchaser has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract
For the purpose of this Clause
ldquoCorrupt practicerdquo means the offering giving receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution
ldquofraudulent practicerdquo means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition
232 In the event the Purchaser terminates the Contract in whole or
in part pursuant to GCC Clause 231 the Purchaser may procure
upon such terms and in such manner as it deems appropriate Goods
or Services similar to those undelivered and the Bidder shall be
liable to the Purchaser for any excess costs for such similar Goods or
Services However the Bidder shall continue the performance of the
Contract to the extent not terminated
24 Force Majeure
241 Not with standing the provisions of GCC Clauses 21 22 23 the
Bidder shall not be liable for forfeiture of its performance security
liquidated damages or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
9
proper and continuing functioning of the goods for a period of one
years following commencement of the use of the goods by the
Purchaser and
c) an item-by-item commentary on the Purchasers Technical
Specifications demonstrating substantial responsiveness of the goods
and services to those specifications or a statement of deviations and
exceptions to the provisions of the Technical Specifications
123 For purposes of the commentary to be furnished pursuant to
ITT Clause 122(c) above the Tenderer shall note that standards for
workmanship material and equipment and references to brand
names or catalogue numbers designated by the Purchaser in its
Technical Specifications are intended to be descriptive only and not
restrictive The Tenderer may substitute alternative standards brand
names andor catalogue numbers in its tender provided that it
demonstrates to the Purchasers satisfaction that the substitutions
ensure substantial equivalence to those designated in the Technical
Specifications
13 Earnest Money Deposit
131 Pursuant to ITT Clause 7 the Tenderer shall furnish as part of
its tender earnest money deposit in the amount as specified in
Section-V - Schedule of Requirements
132 The earnest money deposit is required to protect the Purchaser
against the risk of Tenderers conduct which would warrant the
securitys forfeiture pursuant to ITB Clause 137
133 The earnest money deposit shall be denominated in Indian
Rupees and shall be paid online only on the portal
134 Any tender not secured in accordance with ITT Clauses 131
and the Purchaser as non-responsive pursuant to ITT Clause 22 will
reject 133 above
135 Unsuccessful Tenderers earnest money deposit will be
dischargedreturned as promptly as possible but not later than 30
days after the expiration of the period of tender validity prescribed
by the Purchaser pursuant to ITT Clause 14
10
136 The successful Tenderers earnest money deposit will be
discharged upon the Tenderer signing the Contract pursuant to ITT
Clause 30 and furnishing the performance security pursuant to ITB
Clause 31
137 The tender security may be forfeited
(a) if a Tenderer (i) withdraws its tender during the period of
tender validity specified by the Tenderer on the Tender Form or (ii)
does not accept the correction of errors pursuant to ITT Clause 222
or
(b) in case of a successful Tenderer if the Tenderer fails (i) to sign
the Contract in accordance with ITT Clause 30 or (ii) to furnish
performance security in accordance with ITT Clause 31
14 Period of Validity of Tenders
141 Tenders shall remain valid for 120 days after the deadline for
submission of tenders prescribed by the Purchaser pursuant to ITT
Clause 17 A tender valid for a shorter period shall be rejected by the
Purchaser as non-responsive
142 In exceptional circumstances the Purchaser may solicit the
Tenderers consent to an extension of the period of validity The
request and the responses thereto shall be made in writing (or by
cable or telex or fax) The earnest money deposit provided under ITT
Clause 13 shall also be suitably extended A Tenderer may refuse the
request without forfeiting its earnest money deposit A Tenderer
granting the request will not be required nor permitted to modify its
tender
15 Format and Signing of Tender
151 Bidders shall submit offers that comply with the requirements
of the bidding documents including the basic technical design as
indicated in the drawing and specifications Alternatives will not be
considered
11
D Submission of Bids
16 Bidding through E-Tendering System
161 The tendering under this contract is electronic bid submission
through website httpamcmaharashtraetendersin Detailed
guidelines for viewing bids and submission of online bids are given
on the website The Invitation for Tenders is published on this
website Any citizen or prospective tenderer can logon to this
website and view the Invitation for Tenders and can view the details
of works for which bids are invited The prospective tenderer can
submit tenders online however the bidder is required to have
enrolmentregistration in the website and should have valid Digital
Signature Certificate (DSC) The DSC can be obtained from any
authorized certifying agencies The tenderer should register in the
web site httpamcmaharashtraetendersin After this the
tenderer can login the site through the secured login Bidders are
requested to go through the bid documents carefully and submit the
required information without exception otherwise bids will be
rejected
162 The completed tender should be uploaded on the website
given above through e-tendering along with scanned copies of
requisite certificates as are mentioned in different sections in the
bidding document and scanned copy of the Bid Security No financial
quote shall be uploaded as part of the Technical Bid
163 The bidder shall submit online the requirements under
qualification criteria and Technical and Financial parts The contents
of the Post Qualification and Technical and Financial bid shall be as
specified in ITT After electronic on line bid submission the system
generates a unique bid reference number which is time stamped
This shall be treated as acknowledgement of bid submission
17 Deadline for Submission of the Bids
171 Bids must be received by the Employer online not later than
the due date as specified in the online portal
172 The Employer may extend the deadline for submission of bids
by issuing an amendment in accordance with Clause 5 in which case
12
all rights and obligations of the Employer and the bidders previously
subject to the original deadline will then be subject to the new
deadline
18 Late Bids
181 The electronic bidding system would not allow any late
submission of bids after due date and time as per server time
19 Modification and Withdrawal of Bids
191 Tenderers may modify their bids online before the deadline
prescribed in Clause 17 for bid modification and consequential re-
submission
192 No tenders may be modified after the deadline for submission
of Bids
193 Withdrawal or modification of a tender between the deadline
for submission of tender and the expiration of the original period of
bid validity specified in Clause 141 above or as extended pursuant to
Clause 142 is not allowed in the e-procurement system If a tenderer
does the same through any other medium then it may result in the
forfeiture of the Tender security pursuant to Clause 137
E Tender Opening and Evaluation of Tenders
20 Opening of Tenders by the Purchaser
201 The Purchaser will open all the Technical Cover in the
presence of Tenderersrsquo representatives who choose to attend as per
e-portal
The Tendererrsquos representatives who are present shall sign a register
evidencing their attendance In the event of the specified date of
Tender opening being declared a holiday for the Purchaser the
tenders shall be opened at the appointed time and location on the
next working day
202 The Tendererrsquos names tender modifications or withdrawals
tender prices discounts and the presence or absence of requisite
tender security and such other details as the Purchaser at its
discretion may consider appropriate will be announced at the
opening No tender shall be rejected at tender opening except for late
13
tenders which shall be returned unopened to the Tenderer pursuant
to ITT Clause 18
203 Tenders (and modifications sent pursuant to ITT Clause 192)
that are not opened and read out at tender opening shall not be
considered further for evaluation irrespective of the circumstances
204 The Purchaser will prepare minutes of the tender opening The
Financial Bid of the successful bidders only will be opened after
completion of technical bid evaluation
21 Clarification of Tenders
During evaluation of tenders the Purchaser may at its discretion ask
the Tenderer for a clarification of its tender The request for
clarification and the response shall be in writing and no change in
prices or substance of the tender shall be sought offered or
permitted
22 Preliminary Examination
221 The Purchaser will examine the technical bid to determine
whether they are complete whether required sureties have been
furnished and whether the tenders are generally in order
2211 The evaluation committee appointed by the Employer as
a whole and each of its members individually will evaluate the
Technical Bids on the basis of their responsiveness to the ITB A Bid
shall be rejected at this stage if it does not respond to important
aspects of the Bid Document
222 After the evaluation of technical Bid is completed the
Purchaser shall notify those bidders whose Bids meet the
qualification criteria as detailed in Section VII or were considered
responsive to the bid document indicating that the presentation has
to be made by their company After presentation by the company the
committee members or the person authorized by the commissioner
may visit the plant established by the bidder The bidder to whom the
committee is satisfied with the documents and the presentation and
the site visit if required will be informed as technically qualified
bidders
14
223 The financial bid opening date shall not be informed to the
technically disqualified bidders
2231 The Financial Cover shall be opened publicly in the
presence of the bidders representatives who choose to attend The
bid opening shall be online only
2232 The evaluation committee will determine whether the
Financial Bids are complete correct any computational errors
Arithmetical errors will be rectified on the following basis If there is
a discrepancy between the unit price and the total price that is
obtained by multiplying the unit price and quantity the unit price
shall prevail and the total price shall be corrected If there is a
discrepancy between words and figures the lower of the two will
prevail If the Bidder does not accept the correction of errors its
tender will be rejected and its tender security may be forfeited
2233 All necessary civil work and other related works for
Biomethanation plant is to be done by the successful bidder AMC
shall provide the land road upto the plant site electric connection
upto the plant site AMC shall provide approximately 5 TPD non-veg
organic waste and 5 TPD organic (Veg) waste as feed for each
seperate plant
2234 During the contract period and always the processing
plant machines land and civil works shall be the property of AMC At
the time of handover of the plant to AMC the contractor shall
handover the plant in good running condition If it is found that the
plant is inoperative or needs any repairs and maintenance the
contractor should either repair it to satisfaction of the AMC or if AMC
get it done by its own resources the amount shall be deducted from
the performance security deposit submitted by the contractor
2235 This biding is called for Burudgaon Depo location The
selection procedure of the successful bidder shall be as under
a Whereas successful bidder shall be the bidder quoting lowest for
the Supply Installation Erection commissioning and Operation amp
Maintenance of Municipal Solid Waste Treatment Equipmentrsquos and
Machineries (L-1)
15
b The cost of the MSW Plant and allied accessories for operation
of the plant quoted by the bidder shall be paid by the AMC as per the
payment schedule given in the tender document The value of the
processing plant and allied accessories wit OampM quoted by the
bidder shall be the sole bidding criteria for the tender
c The successful contractor shall not be paid any kind tipping
fees for operating the plant The contractor shall sell the products
(GasElectricitycompostothers) recovered from the processing of
the waste to recover the operation and maintenance cost and the
profits
224 Term of Contract
The term of the contract shall be 1 YEAR and can be renewed for a
similar term if the performance of the contractor is satisfactory
225 Scope of Work
The scope of the work shall be processing of the 5 + 5 TPD waste for
each site (two sites)received at site The rejects from the processing
should not be more than 15 of the total waste The rejects shall be
kept at one side of the site from where the CampT contractor shall lift
the waste and transport it to landfill site
226 Prior to the detailed evaluation pursuant to ITB Clause 23 the
Purchaser will determine the substantial responsiveness of each
tender to the tender documents For purposes of these Clauses a
substantially responsive tender is one which conforms to all the
terms and conditions of the tender documents without material
deviations Deviations from or objections or reservations to critical
provisions such as those concerning Performance Security (GCC
Clause 6) Warranty (GCC Clause 14) Force Majeure (GCC Clause 24)
Limitation of liability (GCC Clause 28) Applicable law (GCC Clause
30) and Taxes amp Duties (GCC Clause 32) will be deemed to be a
material deviation The Purchasers determination of a tenders
responsiveness is to be based on the contents of the tender itself
without recourse to extrinsic evidence
16
227 If a tender is not substantially responsive it will be rejected by
the Purchaser and may not subsequently be made responsive by the
Tenderer by correction of the non-conformity
23 Evaluation and Comparison of Tenders
231 The Purchaser will evaluate and compare the tenders which
have been determined to be substantially responsive pursuant to ITT
Clause 22 for each schedule separately No tender will be considered
if the complete requirements covered in the schedule is not included
in the tender However as stated in ITT Clause 9 The tenderer shall
quote his final prices taken into account all discounts
24 Contacting the Purchaser
241 Subject to ITT Clause 21 no Tenderer shall contact the
Purchaser on any matter relating to its tender from the time of the
tender opening to the time the Contract is awarded If the tenderer
wishes to bring additional information to the notice of the purchaser
it should do so in writing
242 Any effort by a Tenderer to influence the Purchaser in its
decisions on tender evaluation tender comparison or contract award
may result in rejection of the Tenderers tender
F Award of Contract
25 Post qualification
251 In the absence of prequalification the Purchaser will determine
to its satisfaction whether the Tenderer that is selected as having
submitted the lowest evaluated responsive tender meets the criteria
specified in ITT Clause 112 (b) and is qualified to perform the
contract satisfactorily
252 The determination will take into account the Tenderers
financial technical and production capabilities It will be based upon
an examination of the documentary evidence of the Tenderers
qualifications submitted by the Tenderer pursuant to ITT Clause 11
as well as such other information as the Purchaser deems necessary
and appropriate
26 Award Criteria
17
261 Subject to ITT Clause 28 the Purchaser will award the Contract
to the successful Tenderer whose tender has been determined to be
substantially responsive and has been determined as the lowest
evaluated tender provided further that the Tenderer is determined
to be qualified to perform the Contract satisfactorily
27 Right to vary Quantities
271 The contractor shall have to erect the machines proposed by
him in the technical bid and presentation However during the
contract duration for better performance of the processing plant the
contractor shall be free to add the machines vehicles and civil works
at no cost to AMC The contractor shall not be allowed to sell the
installed machines as AMC has already paid the contractor for the
machines and ownership of the machines always lies with the AMC
28 Purchasers Right to Accept Any Tender and to Reject Any
or All Tenders
281 The Purchaser reserves the right to accept or reject any tender
and to annul the tendering process and reject all tenders at any time
prior to contract award without thereby incurring any liability to the
affected Tenderer or Tendererrsquos
29 Notification of Award
291 Prior to the expiration of the period of tender validity the
Purchaser will notify the successful tenderer in writing by registered
letter or by cabletelex or fax to be confirmed in writing by
registered letter that its tender has been accepted
292 The notification of award will constitute the formation of the
Contract
293 Upon the successful Tenderers furnishing of performance
security pursuant to ITT Clause 31 the Purchaser will promptly
notify the name of the winning Tenderer to each unsuccessful
Tenderer and will discharge its earnest money deposit pursuant to
ITT Clause 13
30 Signing of Contract
18
301 At the same time as the Purchaser notifies the successful
tenderer that its tender has been accepted the Purchaser will send
the Tenderer the Contract Form provided in the tender documents
incorporating all agreements between the parties
302 Within 21 days of receipt of the Contract Form the successful
Tenderer shall sign and date the Contract and return it to the
Purchaser
31 Performance Security
311 Within 21 days of the receipt of notification of award from the
Purchaser the successful Tenderer shall furnish the performance
security of 3 of the cost of the machines and equipments
quoted by him The performance security shall be in form of Bank
guarantee 2 payment shall be deducted from each payment which
will make the total performance security to 5 The performance
security shall be released at the end of the contract period
312 Failure of the successful Tenderer to comply with the
requirement of ITT Clause 302 or ITT Clause 311 shall constitute
sufficient grounds for the annulment of the award and forfeiture of
the earnest money deposit in which event the Purchaser may make
the award to the next lowest evaluated Tenderer or call for new
tenders
32 Corrupt or Fraudulent Practices
321 The Government requires that Tendererrsquos Bidders
Contractors observe the highest standard of ethics during the
procurement and execution of Government financed contracts In
pursuance of this policy the Government
(a) defines for the purposes of this provision the terms set forth
as follows
(i) ldquocorrupt practicerdquo means the offering giving receiving or
soliciting of any thing of value to influence the action of a public
official in the procurement process or in contract execution and
(ii) ldquofraudulent practicerdquo means a misrepresentation of facts in
order to influence a procurement process or the execution of a
contract to the detriment of the Government and includes collusive
19
practice among Tenderers (prior to or after tender submission)
designed to establish tender prices at artificial non-competitive
levels and to deprive the Government of the benefits of free and open
competition
(b) will reject a proposal for award if it determines that the
Tenderer recommended for award has engaged in corrupt or
fraudulent practices in competing for the contract in question
(c) will declare a firm ineligible either indefinitely or for a stated
period of time to be awarded a Government financed contract if it at
any time determines that the firm has engaged in corrupt or
fraudulent practices in competing for or in executing a Government-
financed contract
322 Furthermore Tenderers shall be aware of the provision stated
in sub-clause 44 and sub-clause 231 of the General Conditions of
Contract
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
Clause Number Topic
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information
Inspection and Audit by Government
5 Patent Rights
6 Performance Security
7 Inspection and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
20
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
21
General Conditions of Contract
1 Definitions
11 In this Contract the following terms shall be interpreted as
indicated
a The Contract means the agreement entered into between the
Purchaser and the Bidder as recorded in the Contract Form signed
by the parties including all the attachments and appendices thereto
and all documents incorporated by reference therein
b The Contract Price means the price payable to the Bidder
under the Contract for the full and proper performance of its
contractual obligations
c The Goods means all the equipment machinery andor other
materials which the Bidder is required to supply to the Purchaser
under the Contract
d Services means services ancillary to the supply of the Goods
such as transportation and insurance and any other incidental
services such as installation commissioning provision of technical
assistance training and other obligations of the Bidder covered
under the Contract
e ldquoGCCrdquo means the General Conditions of Contract contained in
this section
f ldquoSCCrdquo means the Special Conditions of Contract
g ldquoThe Purchaserrdquo means the organization purchasing the Goods
as named in SCC
h ldquoThe Purchaserrsquos countryrdquo is the country named in SCC
i ldquoThe Bidderrdquo means the individual or firm supplying the Goods
and Services under this Contract
j ldquoThe Governmentrdquo means the Government of Maharashtra
State
k ldquoThe Project Siterdquo where applicable means the place or places
named in SCC
l ldquoDayrdquo means calendar day
2 Application
22
21 These General Conditions shall apply to the extent that
provisions in other parts of the Contract do not supersede them
3 Standards
31 The Goods and machines supplied under this Contract shall
conform to the standards mentioned in the Technical Specifications
given in the technical bid of the bidder and when no applicable
standard is mentioned to the authoritative standard appropriate to
the Goods country of origin and such standards shall be the latest
issued by the concerned institution
4 Use of Contract Documents and Information Inspection
and Audit by the Government
41 The Bidder shall not without the Purchasers prior written
consent disclose the Contract or any provision thereof or any
specification plan drawing pattern sample or information furnished
by or on behalf of the Purchaser in connection therewith to any
person other than a person employed by the Bidder in performance
of the Contract Disclosure to any such employed person shall be
made in confidence and shall extend only so far as may be necessary
for purposes of such performance
42 The Bidder shall not without the Purchaserrsquos prior written
consent make use of any document or information enumerated in
GCC Clause 41 except for purposes of performing the contract
43 Any document other than the Contract itself enumerated in
GCC Clause 41 shall remain the property of the Purchaser and shall
be returned (in all copies) to the Purchaser on completion of the
Bidderrsquos performance under the Contract if so required by the
Purchaser
44 The Bidder shall permit the Government to inspect the Bidderrsquos
accounts and records relating to the performance of the Bidder and
to have them audited by auditors appointed by the Government if so
required by the Government
5 Patent Rights
23
51 The Bidder shall indemnify the Purchaser against all third-
party claims of infringement of patent trademark or industrial
design rights arising from use of the Goods or any part thereof in
India
6 Performance Security
61 Within 21 days of receipt of the notification of contract award
the Bidder shall furnish Performance Security to the Purchaser for an
amount of 5 of the Contract Value valid up to 30 days after the date
of completion of Contract
62 The proceeds of the performance security shall be payable to
the Purchaser as compensation for any loss resulting from the
Bidderrsquos failure to complete its obligations under the Contract
63 The Performance Security shall be denominated in Indian
Rupees and shall be in one of the following forms
a) A Bank guarantee issued by a NationalizedScheduled bank in
the form provided in the tender documents or another form
acceptable to the Purchaser or
b) Crossed demand draft or pay order drawn in favor of the
Purchaser or
64 The Performance Security will be discharged by the Purchaser
and returned to the Bidder not later than 60 days following the date
of completion of the Bidderrsquos performance obligations including any
Warranty obligations under the Contract
7 Inspections and Tests
71 The Purchaser or its representative shall have the right to
inspect andor to test the Goods to confirm their conformity to the
Contract specifications at no extra cost to the Contractor
72 The contractor shall conduct third party inspection from any of
the inspection agency approved by Government of India The cost of
the inspection should be paid by the contractor and no
reimbursement shall be made by AMC for the inspection The
inspection shall be done on the basis of the technical bid submitted
by the tenderer or the approved machines and drawings by AMC
24
73 The inspections and tests may be conducted on the premises of
the Bidder or its subcontractor(s) at point of delivery andor at the
Goods final destination If conducted on the premises of the Bidder or
its subcontractor(s) all reasonable facilities and assistance including
access to drawings and production data - shall be furnished to the
inspectors at no charge to the Purchaser
74 Should any inspected or tested Goods fail to conform to the
specifications the Purchaser may reject the goods and the Bidder
shall either replace the rejected Goods or make alterations necessary
to meet specification requirements free of cost to the Purchaser
75 The Purchasers right to inspect test and where necessary
reject the Goods after the Goods arrival at Project Site shall in no
way be limited or waived by reason of the Goods having previously
been inspected tested and passed by the Purchaser or its
representative prior to the Goods shipment
76 Nothing in GCC Clause 7 shall in any way release the Bidder
from any warranty or other obligations under this Contract
77 Manuals and Drawings
771 Before the goods and equipment are taken over by the
Purchaser the Bidder shall supply operation and maintenance
manuals together with drawings of the goods and equipment These
shall be in such detail as will enable the Purchaser to operate
maintain adjust and repair all parts of the equipment as stated in the
specifications
772 The manuals and drawings shall be in the ruling language
(English) and in such form and numbers as stated in the contract
773 Unless and otherwise agreed the goods and equipment shall
not be considered to be completed for the purpose of taking over
until such manuals and drawings have been supplied to the
Purchaser
8 Packing
25
81 The packing of the goods may not be required however the
documents like operational manual and list of equipments shall be
submitted in two copies in booklet form
9 Delivery and Documents
91 Delivery of the Goods shall be made by the Bidder in
accordance with the terms specified by the Purchaser in the
Notification of Award The bills for the machines shall be submitted
in duplicate The bills for only those equipment will be accepted
whose delivery at site has been done by the bidder
10 Insurance
101 It will the responsibility of the contractor that the Goods and
machines supplied under the Contract shall be fully insured by the
contractor in Indian Rupees against loss or damage incidental to
manufacture or acquisition transportation storage and delivery for
complete duration of the contract For delivery of goods at site the
insurance shall be obtained by the Bidder in an amount equal to
110 of the value of the goods from ldquowarehouse to warehouserdquo
(final destinations) on ldquoAll Risksrdquo basis including War risks and
Strikes
11 Transportation
111 Where the Bidder is required under the Contract to transport
the Goods to a specified place of destination within India defined as
Project site the Bidder as shall be specified in the Contract shall
arrange transport to such place of destination in India including
insurance and the related cost shall be included in the Contract Price
12 Incidental Services
121 The Bidder may be required to provide any or all of the
following services including additional services if any specified in
SCC
a performance or supervision of the on-site assembly andor
start-up of the supplied Goods
b furnishing of tools required for assembly andor maintenance
of the supplied Goods
26
c furnishing of detailed operations and maintenance manual for
each appropriate unit of supplied Goods
d performance or supervision or maintenance andor repair of
the supplied Goods for a period of time agreed by the parties
provided that this service shall not relieve the Bidder of any
warranty obligations under this Contract and
e training of the Purchasers personnel at the Bidderrsquos plant
andor on-site in assembly start-up operation maintenance andor
repair of the supplied Goods
f detailed specifications of each equipment in detail to be
provided
g arrangement of required vehicles and implements for loading
amp unloading of Equipment at Facilities and other required infra for
assembling of equipment
122 Prices charged by the Bidder for incidental services if not
included in the Contract Price for the Goods shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates
charged to other parties by the Bidder for similar services
13 Spare Parts
131 As specified in the SCC the contractor shall be required to
provide any or all of the materials and spare parts at no cost to AMC
132 The Bidder shall carry sufficient inventories to assure ex-stock
supply of consumable spares for the Goods such as gaskets plugs
washers belts etc
14 Warranty
141 The Bidder warrants that the Goods supplied under this
Contract are new unused of the most recent or current models and
that they incorporate all recent improvements in design and
materials unless provided otherwise in the Contract The Bidder
further warrants that all Goods supplied under this Contract shall
have no defect arising from design materials or workmanship
(except when the design andor material is required by the
Purchasers Specifications) or from any act or omission of the Bidder
that may develop under normal use of the supplied Goods in the
conditions prevailing in the country of final destination
27
142 This warranty shall remain valid for 12 months after all the
sections of the entire plant have been delivered and successfully
commissioned and desired outputs are achieved as indicated in the
Contract Although section wise commissioning is proposed the
warranty will come into effect only after completion of all the
sections The Bidder shall in addition comply with the performance
andor consumption guarantees specified under the Contract If for
reasons attributable to the Bidder these guarantees are not attained
in whole or in part the Bidder shall at its discretion either
a make such changes modifications andor additions to the
Goods or any part thereof as may be necessary in order to attain the
contractual guarantees specified in the Contract at its own cost and
expense and to carry out further performance tests in accordance
with SCC Clause 2 OR
b pay liquidated damages to the Purchaser with respect to the
failure to meet the contractual guarantees The rate of these
liquidated damages shall be as specified in the Technical
Specifications
143 If the Bidder having been notified fails to remedy the defect(s)
within 15 days the Purchaser may proceed to take such remedial
action as may be necessary at the Bidderrsquos risk and expense and
without prejudice to any other rights which the Purchaser may have
against the Bidder under the Contract
15 Payment
151 The method and conditions of payment to be made to the
Bidder under this Contract shall be specified in the SCC
152 The Bidderrsquos request(s) for payment shall be made to the
Purchaser in writing accompanied by an invoice describing as
appropriate the Goods delivered and the Services performed and by
documents submitted pursuant to GCC Clause 9 and upon fulfillment
of other obligations stipulated in the contract
153 Payments shall be made promptly by the Purchaser but in no
case later than thirty (30) days after submission of the invoice or
claim by the Bidder
28
154 Payment shall be made in Indian Rupees
16 Prices
161 Prices payable to the Bidder as stated in the contract shall be
firm during the performance of the contract
17 Change Orders
171 The Purchaser may at any time by written order given to the
Bidder pursuant to GCC Clause 31 make changes within the general
scope of the Contract in any one or more of the following
a drawings designs or specifications where Goods to be
furnished under the Contract are to be specifically manufactured for
the Purchaser
b the Services to be provided by the Bidder
172 If any such change causes an increase or decrease in the cost of
or the time required for the Bidderrsquos performance of any provisions
under the Contract an equitable adjustment shall be made in the
Contract Price or delivery schedule or both and the Contract shall
accordingly be amended Any claims by the Bidder for adjustment
under this clause must be asserted within thirty (30) days from the
date of the Bidderrsquos receipt of the Purchasers change order
18 Contract Amendments
181 Subject to GCC Clause 17 no variation in or modification of the
terms of the Contract shall be made except by written amendment
signed by the parties
19 Assignment
191 The Bidder shall not assign in whole or in part its obligations
to perform under the Contract except with the Purchasers prior
written consent
20 Subcontracts
201 Any subcontracting work should be done after confirmation of
the same from the AMC
21 Delays in the Bidderrsquos Performance
29
211 Delivery of the Goods and performance of the Services shall be
made by the Bidder in accordance with the time schedule specified
by the Purchaser in the Schedule of Requirements
212 If at any time during performance of the Contract the Bidder or
its sub-contractor(s) should encounter conditions impeding timely
delivery of the Goods and performance of Services the Bidder shall
promptly notify the Purchaser in writing of the fact of the delay its
likely duration and its cause(s) As soon as practicable after receipt of
the Bidderrsquos notice the Purchaser shall evaluate the situation and
may at its discretion extend the Bidderrsquos time for performance with
or without liquidated damages in which case the extension shall be
ratified by the parties by amendment of the Contract
213 Except as provided under GCC Clause 24 a delay by the Bidder
in the performance of its delivery obligations shall render the Bidder
liable to the imposition of liquidated damages pursuant to GCC
Clause 22 unless an extension of time is agreed upon pursuant to
GCC Clause 212 without the application of liquidated damages
22 Liquidated Damages
221 Subject to GCC Clause 24 if the Bidder fails to deliver any or all
of the Goods or to perform the Services within the period(s) specified
in the Contract the Purchaser shall without prejudice to its other
remedies under the Contract deduct from the Contract Price as
liquidated damages a sum equivalent to 2 of the delivered price of
the delayed Goods or unperformed Services for each week or part
thereof of delay until actual delivery or performance up to a
maximum deduction of 10 of the Contract Price Once the
maximum is reached the Purchaser may consider termination of the
Contract pursuant to GCC Clause 23 Liquidated Damages is applicable
only up to commission and trial run period and not applicable to AMC
phase of the Contract
23 Termination for Default
30
231 The Purchaser may without prejudice to any other remedy for
breach of contract by written notice of default sent to the Bidder
terminate the Contract in whole or part
a if the Bidder fails to deliver any or all of the Goods within the
period(s) specified in the Contract or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 21 or
b if the Bidder fails to perform any other obligation(s) under the
Contract
c If the Bidder in the judgement of the Purchaser has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract
For the purpose of this Clause
ldquoCorrupt practicerdquo means the offering giving receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution
ldquofraudulent practicerdquo means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition
232 In the event the Purchaser terminates the Contract in whole or
in part pursuant to GCC Clause 231 the Purchaser may procure
upon such terms and in such manner as it deems appropriate Goods
or Services similar to those undelivered and the Bidder shall be
liable to the Purchaser for any excess costs for such similar Goods or
Services However the Bidder shall continue the performance of the
Contract to the extent not terminated
24 Force Majeure
241 Not with standing the provisions of GCC Clauses 21 22 23 the
Bidder shall not be liable for forfeiture of its performance security
liquidated damages or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
10
136 The successful Tenderers earnest money deposit will be
discharged upon the Tenderer signing the Contract pursuant to ITT
Clause 30 and furnishing the performance security pursuant to ITB
Clause 31
137 The tender security may be forfeited
(a) if a Tenderer (i) withdraws its tender during the period of
tender validity specified by the Tenderer on the Tender Form or (ii)
does not accept the correction of errors pursuant to ITT Clause 222
or
(b) in case of a successful Tenderer if the Tenderer fails (i) to sign
the Contract in accordance with ITT Clause 30 or (ii) to furnish
performance security in accordance with ITT Clause 31
14 Period of Validity of Tenders
141 Tenders shall remain valid for 120 days after the deadline for
submission of tenders prescribed by the Purchaser pursuant to ITT
Clause 17 A tender valid for a shorter period shall be rejected by the
Purchaser as non-responsive
142 In exceptional circumstances the Purchaser may solicit the
Tenderers consent to an extension of the period of validity The
request and the responses thereto shall be made in writing (or by
cable or telex or fax) The earnest money deposit provided under ITT
Clause 13 shall also be suitably extended A Tenderer may refuse the
request without forfeiting its earnest money deposit A Tenderer
granting the request will not be required nor permitted to modify its
tender
15 Format and Signing of Tender
151 Bidders shall submit offers that comply with the requirements
of the bidding documents including the basic technical design as
indicated in the drawing and specifications Alternatives will not be
considered
11
D Submission of Bids
16 Bidding through E-Tendering System
161 The tendering under this contract is electronic bid submission
through website httpamcmaharashtraetendersin Detailed
guidelines for viewing bids and submission of online bids are given
on the website The Invitation for Tenders is published on this
website Any citizen or prospective tenderer can logon to this
website and view the Invitation for Tenders and can view the details
of works for which bids are invited The prospective tenderer can
submit tenders online however the bidder is required to have
enrolmentregistration in the website and should have valid Digital
Signature Certificate (DSC) The DSC can be obtained from any
authorized certifying agencies The tenderer should register in the
web site httpamcmaharashtraetendersin After this the
tenderer can login the site through the secured login Bidders are
requested to go through the bid documents carefully and submit the
required information without exception otherwise bids will be
rejected
162 The completed tender should be uploaded on the website
given above through e-tendering along with scanned copies of
requisite certificates as are mentioned in different sections in the
bidding document and scanned copy of the Bid Security No financial
quote shall be uploaded as part of the Technical Bid
163 The bidder shall submit online the requirements under
qualification criteria and Technical and Financial parts The contents
of the Post Qualification and Technical and Financial bid shall be as
specified in ITT After electronic on line bid submission the system
generates a unique bid reference number which is time stamped
This shall be treated as acknowledgement of bid submission
17 Deadline for Submission of the Bids
171 Bids must be received by the Employer online not later than
the due date as specified in the online portal
172 The Employer may extend the deadline for submission of bids
by issuing an amendment in accordance with Clause 5 in which case
12
all rights and obligations of the Employer and the bidders previously
subject to the original deadline will then be subject to the new
deadline
18 Late Bids
181 The electronic bidding system would not allow any late
submission of bids after due date and time as per server time
19 Modification and Withdrawal of Bids
191 Tenderers may modify their bids online before the deadline
prescribed in Clause 17 for bid modification and consequential re-
submission
192 No tenders may be modified after the deadline for submission
of Bids
193 Withdrawal or modification of a tender between the deadline
for submission of tender and the expiration of the original period of
bid validity specified in Clause 141 above or as extended pursuant to
Clause 142 is not allowed in the e-procurement system If a tenderer
does the same through any other medium then it may result in the
forfeiture of the Tender security pursuant to Clause 137
E Tender Opening and Evaluation of Tenders
20 Opening of Tenders by the Purchaser
201 The Purchaser will open all the Technical Cover in the
presence of Tenderersrsquo representatives who choose to attend as per
e-portal
The Tendererrsquos representatives who are present shall sign a register
evidencing their attendance In the event of the specified date of
Tender opening being declared a holiday for the Purchaser the
tenders shall be opened at the appointed time and location on the
next working day
202 The Tendererrsquos names tender modifications or withdrawals
tender prices discounts and the presence or absence of requisite
tender security and such other details as the Purchaser at its
discretion may consider appropriate will be announced at the
opening No tender shall be rejected at tender opening except for late
13
tenders which shall be returned unopened to the Tenderer pursuant
to ITT Clause 18
203 Tenders (and modifications sent pursuant to ITT Clause 192)
that are not opened and read out at tender opening shall not be
considered further for evaluation irrespective of the circumstances
204 The Purchaser will prepare minutes of the tender opening The
Financial Bid of the successful bidders only will be opened after
completion of technical bid evaluation
21 Clarification of Tenders
During evaluation of tenders the Purchaser may at its discretion ask
the Tenderer for a clarification of its tender The request for
clarification and the response shall be in writing and no change in
prices or substance of the tender shall be sought offered or
permitted
22 Preliminary Examination
221 The Purchaser will examine the technical bid to determine
whether they are complete whether required sureties have been
furnished and whether the tenders are generally in order
2211 The evaluation committee appointed by the Employer as
a whole and each of its members individually will evaluate the
Technical Bids on the basis of their responsiveness to the ITB A Bid
shall be rejected at this stage if it does not respond to important
aspects of the Bid Document
222 After the evaluation of technical Bid is completed the
Purchaser shall notify those bidders whose Bids meet the
qualification criteria as detailed in Section VII or were considered
responsive to the bid document indicating that the presentation has
to be made by their company After presentation by the company the
committee members or the person authorized by the commissioner
may visit the plant established by the bidder The bidder to whom the
committee is satisfied with the documents and the presentation and
the site visit if required will be informed as technically qualified
bidders
14
223 The financial bid opening date shall not be informed to the
technically disqualified bidders
2231 The Financial Cover shall be opened publicly in the
presence of the bidders representatives who choose to attend The
bid opening shall be online only
2232 The evaluation committee will determine whether the
Financial Bids are complete correct any computational errors
Arithmetical errors will be rectified on the following basis If there is
a discrepancy between the unit price and the total price that is
obtained by multiplying the unit price and quantity the unit price
shall prevail and the total price shall be corrected If there is a
discrepancy between words and figures the lower of the two will
prevail If the Bidder does not accept the correction of errors its
tender will be rejected and its tender security may be forfeited
2233 All necessary civil work and other related works for
Biomethanation plant is to be done by the successful bidder AMC
shall provide the land road upto the plant site electric connection
upto the plant site AMC shall provide approximately 5 TPD non-veg
organic waste and 5 TPD organic (Veg) waste as feed for each
seperate plant
2234 During the contract period and always the processing
plant machines land and civil works shall be the property of AMC At
the time of handover of the plant to AMC the contractor shall
handover the plant in good running condition If it is found that the
plant is inoperative or needs any repairs and maintenance the
contractor should either repair it to satisfaction of the AMC or if AMC
get it done by its own resources the amount shall be deducted from
the performance security deposit submitted by the contractor
2235 This biding is called for Burudgaon Depo location The
selection procedure of the successful bidder shall be as under
a Whereas successful bidder shall be the bidder quoting lowest for
the Supply Installation Erection commissioning and Operation amp
Maintenance of Municipal Solid Waste Treatment Equipmentrsquos and
Machineries (L-1)
15
b The cost of the MSW Plant and allied accessories for operation
of the plant quoted by the bidder shall be paid by the AMC as per the
payment schedule given in the tender document The value of the
processing plant and allied accessories wit OampM quoted by the
bidder shall be the sole bidding criteria for the tender
c The successful contractor shall not be paid any kind tipping
fees for operating the plant The contractor shall sell the products
(GasElectricitycompostothers) recovered from the processing of
the waste to recover the operation and maintenance cost and the
profits
224 Term of Contract
The term of the contract shall be 1 YEAR and can be renewed for a
similar term if the performance of the contractor is satisfactory
225 Scope of Work
The scope of the work shall be processing of the 5 + 5 TPD waste for
each site (two sites)received at site The rejects from the processing
should not be more than 15 of the total waste The rejects shall be
kept at one side of the site from where the CampT contractor shall lift
the waste and transport it to landfill site
226 Prior to the detailed evaluation pursuant to ITB Clause 23 the
Purchaser will determine the substantial responsiveness of each
tender to the tender documents For purposes of these Clauses a
substantially responsive tender is one which conforms to all the
terms and conditions of the tender documents without material
deviations Deviations from or objections or reservations to critical
provisions such as those concerning Performance Security (GCC
Clause 6) Warranty (GCC Clause 14) Force Majeure (GCC Clause 24)
Limitation of liability (GCC Clause 28) Applicable law (GCC Clause
30) and Taxes amp Duties (GCC Clause 32) will be deemed to be a
material deviation The Purchasers determination of a tenders
responsiveness is to be based on the contents of the tender itself
without recourse to extrinsic evidence
16
227 If a tender is not substantially responsive it will be rejected by
the Purchaser and may not subsequently be made responsive by the
Tenderer by correction of the non-conformity
23 Evaluation and Comparison of Tenders
231 The Purchaser will evaluate and compare the tenders which
have been determined to be substantially responsive pursuant to ITT
Clause 22 for each schedule separately No tender will be considered
if the complete requirements covered in the schedule is not included
in the tender However as stated in ITT Clause 9 The tenderer shall
quote his final prices taken into account all discounts
24 Contacting the Purchaser
241 Subject to ITT Clause 21 no Tenderer shall contact the
Purchaser on any matter relating to its tender from the time of the
tender opening to the time the Contract is awarded If the tenderer
wishes to bring additional information to the notice of the purchaser
it should do so in writing
242 Any effort by a Tenderer to influence the Purchaser in its
decisions on tender evaluation tender comparison or contract award
may result in rejection of the Tenderers tender
F Award of Contract
25 Post qualification
251 In the absence of prequalification the Purchaser will determine
to its satisfaction whether the Tenderer that is selected as having
submitted the lowest evaluated responsive tender meets the criteria
specified in ITT Clause 112 (b) and is qualified to perform the
contract satisfactorily
252 The determination will take into account the Tenderers
financial technical and production capabilities It will be based upon
an examination of the documentary evidence of the Tenderers
qualifications submitted by the Tenderer pursuant to ITT Clause 11
as well as such other information as the Purchaser deems necessary
and appropriate
26 Award Criteria
17
261 Subject to ITT Clause 28 the Purchaser will award the Contract
to the successful Tenderer whose tender has been determined to be
substantially responsive and has been determined as the lowest
evaluated tender provided further that the Tenderer is determined
to be qualified to perform the Contract satisfactorily
27 Right to vary Quantities
271 The contractor shall have to erect the machines proposed by
him in the technical bid and presentation However during the
contract duration for better performance of the processing plant the
contractor shall be free to add the machines vehicles and civil works
at no cost to AMC The contractor shall not be allowed to sell the
installed machines as AMC has already paid the contractor for the
machines and ownership of the machines always lies with the AMC
28 Purchasers Right to Accept Any Tender and to Reject Any
or All Tenders
281 The Purchaser reserves the right to accept or reject any tender
and to annul the tendering process and reject all tenders at any time
prior to contract award without thereby incurring any liability to the
affected Tenderer or Tendererrsquos
29 Notification of Award
291 Prior to the expiration of the period of tender validity the
Purchaser will notify the successful tenderer in writing by registered
letter or by cabletelex or fax to be confirmed in writing by
registered letter that its tender has been accepted
292 The notification of award will constitute the formation of the
Contract
293 Upon the successful Tenderers furnishing of performance
security pursuant to ITT Clause 31 the Purchaser will promptly
notify the name of the winning Tenderer to each unsuccessful
Tenderer and will discharge its earnest money deposit pursuant to
ITT Clause 13
30 Signing of Contract
18
301 At the same time as the Purchaser notifies the successful
tenderer that its tender has been accepted the Purchaser will send
the Tenderer the Contract Form provided in the tender documents
incorporating all agreements between the parties
302 Within 21 days of receipt of the Contract Form the successful
Tenderer shall sign and date the Contract and return it to the
Purchaser
31 Performance Security
311 Within 21 days of the receipt of notification of award from the
Purchaser the successful Tenderer shall furnish the performance
security of 3 of the cost of the machines and equipments
quoted by him The performance security shall be in form of Bank
guarantee 2 payment shall be deducted from each payment which
will make the total performance security to 5 The performance
security shall be released at the end of the contract period
312 Failure of the successful Tenderer to comply with the
requirement of ITT Clause 302 or ITT Clause 311 shall constitute
sufficient grounds for the annulment of the award and forfeiture of
the earnest money deposit in which event the Purchaser may make
the award to the next lowest evaluated Tenderer or call for new
tenders
32 Corrupt or Fraudulent Practices
321 The Government requires that Tendererrsquos Bidders
Contractors observe the highest standard of ethics during the
procurement and execution of Government financed contracts In
pursuance of this policy the Government
(a) defines for the purposes of this provision the terms set forth
as follows
(i) ldquocorrupt practicerdquo means the offering giving receiving or
soliciting of any thing of value to influence the action of a public
official in the procurement process or in contract execution and
(ii) ldquofraudulent practicerdquo means a misrepresentation of facts in
order to influence a procurement process or the execution of a
contract to the detriment of the Government and includes collusive
19
practice among Tenderers (prior to or after tender submission)
designed to establish tender prices at artificial non-competitive
levels and to deprive the Government of the benefits of free and open
competition
(b) will reject a proposal for award if it determines that the
Tenderer recommended for award has engaged in corrupt or
fraudulent practices in competing for the contract in question
(c) will declare a firm ineligible either indefinitely or for a stated
period of time to be awarded a Government financed contract if it at
any time determines that the firm has engaged in corrupt or
fraudulent practices in competing for or in executing a Government-
financed contract
322 Furthermore Tenderers shall be aware of the provision stated
in sub-clause 44 and sub-clause 231 of the General Conditions of
Contract
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
Clause Number Topic
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information
Inspection and Audit by Government
5 Patent Rights
6 Performance Security
7 Inspection and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
20
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
21
General Conditions of Contract
1 Definitions
11 In this Contract the following terms shall be interpreted as
indicated
a The Contract means the agreement entered into between the
Purchaser and the Bidder as recorded in the Contract Form signed
by the parties including all the attachments and appendices thereto
and all documents incorporated by reference therein
b The Contract Price means the price payable to the Bidder
under the Contract for the full and proper performance of its
contractual obligations
c The Goods means all the equipment machinery andor other
materials which the Bidder is required to supply to the Purchaser
under the Contract
d Services means services ancillary to the supply of the Goods
such as transportation and insurance and any other incidental
services such as installation commissioning provision of technical
assistance training and other obligations of the Bidder covered
under the Contract
e ldquoGCCrdquo means the General Conditions of Contract contained in
this section
f ldquoSCCrdquo means the Special Conditions of Contract
g ldquoThe Purchaserrdquo means the organization purchasing the Goods
as named in SCC
h ldquoThe Purchaserrsquos countryrdquo is the country named in SCC
i ldquoThe Bidderrdquo means the individual or firm supplying the Goods
and Services under this Contract
j ldquoThe Governmentrdquo means the Government of Maharashtra
State
k ldquoThe Project Siterdquo where applicable means the place or places
named in SCC
l ldquoDayrdquo means calendar day
2 Application
22
21 These General Conditions shall apply to the extent that
provisions in other parts of the Contract do not supersede them
3 Standards
31 The Goods and machines supplied under this Contract shall
conform to the standards mentioned in the Technical Specifications
given in the technical bid of the bidder and when no applicable
standard is mentioned to the authoritative standard appropriate to
the Goods country of origin and such standards shall be the latest
issued by the concerned institution
4 Use of Contract Documents and Information Inspection
and Audit by the Government
41 The Bidder shall not without the Purchasers prior written
consent disclose the Contract or any provision thereof or any
specification plan drawing pattern sample or information furnished
by or on behalf of the Purchaser in connection therewith to any
person other than a person employed by the Bidder in performance
of the Contract Disclosure to any such employed person shall be
made in confidence and shall extend only so far as may be necessary
for purposes of such performance
42 The Bidder shall not without the Purchaserrsquos prior written
consent make use of any document or information enumerated in
GCC Clause 41 except for purposes of performing the contract
43 Any document other than the Contract itself enumerated in
GCC Clause 41 shall remain the property of the Purchaser and shall
be returned (in all copies) to the Purchaser on completion of the
Bidderrsquos performance under the Contract if so required by the
Purchaser
44 The Bidder shall permit the Government to inspect the Bidderrsquos
accounts and records relating to the performance of the Bidder and
to have them audited by auditors appointed by the Government if so
required by the Government
5 Patent Rights
23
51 The Bidder shall indemnify the Purchaser against all third-
party claims of infringement of patent trademark or industrial
design rights arising from use of the Goods or any part thereof in
India
6 Performance Security
61 Within 21 days of receipt of the notification of contract award
the Bidder shall furnish Performance Security to the Purchaser for an
amount of 5 of the Contract Value valid up to 30 days after the date
of completion of Contract
62 The proceeds of the performance security shall be payable to
the Purchaser as compensation for any loss resulting from the
Bidderrsquos failure to complete its obligations under the Contract
63 The Performance Security shall be denominated in Indian
Rupees and shall be in one of the following forms
a) A Bank guarantee issued by a NationalizedScheduled bank in
the form provided in the tender documents or another form
acceptable to the Purchaser or
b) Crossed demand draft or pay order drawn in favor of the
Purchaser or
64 The Performance Security will be discharged by the Purchaser
and returned to the Bidder not later than 60 days following the date
of completion of the Bidderrsquos performance obligations including any
Warranty obligations under the Contract
7 Inspections and Tests
71 The Purchaser or its representative shall have the right to
inspect andor to test the Goods to confirm their conformity to the
Contract specifications at no extra cost to the Contractor
72 The contractor shall conduct third party inspection from any of
the inspection agency approved by Government of India The cost of
the inspection should be paid by the contractor and no
reimbursement shall be made by AMC for the inspection The
inspection shall be done on the basis of the technical bid submitted
by the tenderer or the approved machines and drawings by AMC
24
73 The inspections and tests may be conducted on the premises of
the Bidder or its subcontractor(s) at point of delivery andor at the
Goods final destination If conducted on the premises of the Bidder or
its subcontractor(s) all reasonable facilities and assistance including
access to drawings and production data - shall be furnished to the
inspectors at no charge to the Purchaser
74 Should any inspected or tested Goods fail to conform to the
specifications the Purchaser may reject the goods and the Bidder
shall either replace the rejected Goods or make alterations necessary
to meet specification requirements free of cost to the Purchaser
75 The Purchasers right to inspect test and where necessary
reject the Goods after the Goods arrival at Project Site shall in no
way be limited or waived by reason of the Goods having previously
been inspected tested and passed by the Purchaser or its
representative prior to the Goods shipment
76 Nothing in GCC Clause 7 shall in any way release the Bidder
from any warranty or other obligations under this Contract
77 Manuals and Drawings
771 Before the goods and equipment are taken over by the
Purchaser the Bidder shall supply operation and maintenance
manuals together with drawings of the goods and equipment These
shall be in such detail as will enable the Purchaser to operate
maintain adjust and repair all parts of the equipment as stated in the
specifications
772 The manuals and drawings shall be in the ruling language
(English) and in such form and numbers as stated in the contract
773 Unless and otherwise agreed the goods and equipment shall
not be considered to be completed for the purpose of taking over
until such manuals and drawings have been supplied to the
Purchaser
8 Packing
25
81 The packing of the goods may not be required however the
documents like operational manual and list of equipments shall be
submitted in two copies in booklet form
9 Delivery and Documents
91 Delivery of the Goods shall be made by the Bidder in
accordance with the terms specified by the Purchaser in the
Notification of Award The bills for the machines shall be submitted
in duplicate The bills for only those equipment will be accepted
whose delivery at site has been done by the bidder
10 Insurance
101 It will the responsibility of the contractor that the Goods and
machines supplied under the Contract shall be fully insured by the
contractor in Indian Rupees against loss or damage incidental to
manufacture or acquisition transportation storage and delivery for
complete duration of the contract For delivery of goods at site the
insurance shall be obtained by the Bidder in an amount equal to
110 of the value of the goods from ldquowarehouse to warehouserdquo
(final destinations) on ldquoAll Risksrdquo basis including War risks and
Strikes
11 Transportation
111 Where the Bidder is required under the Contract to transport
the Goods to a specified place of destination within India defined as
Project site the Bidder as shall be specified in the Contract shall
arrange transport to such place of destination in India including
insurance and the related cost shall be included in the Contract Price
12 Incidental Services
121 The Bidder may be required to provide any or all of the
following services including additional services if any specified in
SCC
a performance or supervision of the on-site assembly andor
start-up of the supplied Goods
b furnishing of tools required for assembly andor maintenance
of the supplied Goods
26
c furnishing of detailed operations and maintenance manual for
each appropriate unit of supplied Goods
d performance or supervision or maintenance andor repair of
the supplied Goods for a period of time agreed by the parties
provided that this service shall not relieve the Bidder of any
warranty obligations under this Contract and
e training of the Purchasers personnel at the Bidderrsquos plant
andor on-site in assembly start-up operation maintenance andor
repair of the supplied Goods
f detailed specifications of each equipment in detail to be
provided
g arrangement of required vehicles and implements for loading
amp unloading of Equipment at Facilities and other required infra for
assembling of equipment
122 Prices charged by the Bidder for incidental services if not
included in the Contract Price for the Goods shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates
charged to other parties by the Bidder for similar services
13 Spare Parts
131 As specified in the SCC the contractor shall be required to
provide any or all of the materials and spare parts at no cost to AMC
132 The Bidder shall carry sufficient inventories to assure ex-stock
supply of consumable spares for the Goods such as gaskets plugs
washers belts etc
14 Warranty
141 The Bidder warrants that the Goods supplied under this
Contract are new unused of the most recent or current models and
that they incorporate all recent improvements in design and
materials unless provided otherwise in the Contract The Bidder
further warrants that all Goods supplied under this Contract shall
have no defect arising from design materials or workmanship
(except when the design andor material is required by the
Purchasers Specifications) or from any act or omission of the Bidder
that may develop under normal use of the supplied Goods in the
conditions prevailing in the country of final destination
27
142 This warranty shall remain valid for 12 months after all the
sections of the entire plant have been delivered and successfully
commissioned and desired outputs are achieved as indicated in the
Contract Although section wise commissioning is proposed the
warranty will come into effect only after completion of all the
sections The Bidder shall in addition comply with the performance
andor consumption guarantees specified under the Contract If for
reasons attributable to the Bidder these guarantees are not attained
in whole or in part the Bidder shall at its discretion either
a make such changes modifications andor additions to the
Goods or any part thereof as may be necessary in order to attain the
contractual guarantees specified in the Contract at its own cost and
expense and to carry out further performance tests in accordance
with SCC Clause 2 OR
b pay liquidated damages to the Purchaser with respect to the
failure to meet the contractual guarantees The rate of these
liquidated damages shall be as specified in the Technical
Specifications
143 If the Bidder having been notified fails to remedy the defect(s)
within 15 days the Purchaser may proceed to take such remedial
action as may be necessary at the Bidderrsquos risk and expense and
without prejudice to any other rights which the Purchaser may have
against the Bidder under the Contract
15 Payment
151 The method and conditions of payment to be made to the
Bidder under this Contract shall be specified in the SCC
152 The Bidderrsquos request(s) for payment shall be made to the
Purchaser in writing accompanied by an invoice describing as
appropriate the Goods delivered and the Services performed and by
documents submitted pursuant to GCC Clause 9 and upon fulfillment
of other obligations stipulated in the contract
153 Payments shall be made promptly by the Purchaser but in no
case later than thirty (30) days after submission of the invoice or
claim by the Bidder
28
154 Payment shall be made in Indian Rupees
16 Prices
161 Prices payable to the Bidder as stated in the contract shall be
firm during the performance of the contract
17 Change Orders
171 The Purchaser may at any time by written order given to the
Bidder pursuant to GCC Clause 31 make changes within the general
scope of the Contract in any one or more of the following
a drawings designs or specifications where Goods to be
furnished under the Contract are to be specifically manufactured for
the Purchaser
b the Services to be provided by the Bidder
172 If any such change causes an increase or decrease in the cost of
or the time required for the Bidderrsquos performance of any provisions
under the Contract an equitable adjustment shall be made in the
Contract Price or delivery schedule or both and the Contract shall
accordingly be amended Any claims by the Bidder for adjustment
under this clause must be asserted within thirty (30) days from the
date of the Bidderrsquos receipt of the Purchasers change order
18 Contract Amendments
181 Subject to GCC Clause 17 no variation in or modification of the
terms of the Contract shall be made except by written amendment
signed by the parties
19 Assignment
191 The Bidder shall not assign in whole or in part its obligations
to perform under the Contract except with the Purchasers prior
written consent
20 Subcontracts
201 Any subcontracting work should be done after confirmation of
the same from the AMC
21 Delays in the Bidderrsquos Performance
29
211 Delivery of the Goods and performance of the Services shall be
made by the Bidder in accordance with the time schedule specified
by the Purchaser in the Schedule of Requirements
212 If at any time during performance of the Contract the Bidder or
its sub-contractor(s) should encounter conditions impeding timely
delivery of the Goods and performance of Services the Bidder shall
promptly notify the Purchaser in writing of the fact of the delay its
likely duration and its cause(s) As soon as practicable after receipt of
the Bidderrsquos notice the Purchaser shall evaluate the situation and
may at its discretion extend the Bidderrsquos time for performance with
or without liquidated damages in which case the extension shall be
ratified by the parties by amendment of the Contract
213 Except as provided under GCC Clause 24 a delay by the Bidder
in the performance of its delivery obligations shall render the Bidder
liable to the imposition of liquidated damages pursuant to GCC
Clause 22 unless an extension of time is agreed upon pursuant to
GCC Clause 212 without the application of liquidated damages
22 Liquidated Damages
221 Subject to GCC Clause 24 if the Bidder fails to deliver any or all
of the Goods or to perform the Services within the period(s) specified
in the Contract the Purchaser shall without prejudice to its other
remedies under the Contract deduct from the Contract Price as
liquidated damages a sum equivalent to 2 of the delivered price of
the delayed Goods or unperformed Services for each week or part
thereof of delay until actual delivery or performance up to a
maximum deduction of 10 of the Contract Price Once the
maximum is reached the Purchaser may consider termination of the
Contract pursuant to GCC Clause 23 Liquidated Damages is applicable
only up to commission and trial run period and not applicable to AMC
phase of the Contract
23 Termination for Default
30
231 The Purchaser may without prejudice to any other remedy for
breach of contract by written notice of default sent to the Bidder
terminate the Contract in whole or part
a if the Bidder fails to deliver any or all of the Goods within the
period(s) specified in the Contract or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 21 or
b if the Bidder fails to perform any other obligation(s) under the
Contract
c If the Bidder in the judgement of the Purchaser has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract
For the purpose of this Clause
ldquoCorrupt practicerdquo means the offering giving receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution
ldquofraudulent practicerdquo means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition
232 In the event the Purchaser terminates the Contract in whole or
in part pursuant to GCC Clause 231 the Purchaser may procure
upon such terms and in such manner as it deems appropriate Goods
or Services similar to those undelivered and the Bidder shall be
liable to the Purchaser for any excess costs for such similar Goods or
Services However the Bidder shall continue the performance of the
Contract to the extent not terminated
24 Force Majeure
241 Not with standing the provisions of GCC Clauses 21 22 23 the
Bidder shall not be liable for forfeiture of its performance security
liquidated damages or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
11
D Submission of Bids
16 Bidding through E-Tendering System
161 The tendering under this contract is electronic bid submission
through website httpamcmaharashtraetendersin Detailed
guidelines for viewing bids and submission of online bids are given
on the website The Invitation for Tenders is published on this
website Any citizen or prospective tenderer can logon to this
website and view the Invitation for Tenders and can view the details
of works for which bids are invited The prospective tenderer can
submit tenders online however the bidder is required to have
enrolmentregistration in the website and should have valid Digital
Signature Certificate (DSC) The DSC can be obtained from any
authorized certifying agencies The tenderer should register in the
web site httpamcmaharashtraetendersin After this the
tenderer can login the site through the secured login Bidders are
requested to go through the bid documents carefully and submit the
required information without exception otherwise bids will be
rejected
162 The completed tender should be uploaded on the website
given above through e-tendering along with scanned copies of
requisite certificates as are mentioned in different sections in the
bidding document and scanned copy of the Bid Security No financial
quote shall be uploaded as part of the Technical Bid
163 The bidder shall submit online the requirements under
qualification criteria and Technical and Financial parts The contents
of the Post Qualification and Technical and Financial bid shall be as
specified in ITT After electronic on line bid submission the system
generates a unique bid reference number which is time stamped
This shall be treated as acknowledgement of bid submission
17 Deadline for Submission of the Bids
171 Bids must be received by the Employer online not later than
the due date as specified in the online portal
172 The Employer may extend the deadline for submission of bids
by issuing an amendment in accordance with Clause 5 in which case
12
all rights and obligations of the Employer and the bidders previously
subject to the original deadline will then be subject to the new
deadline
18 Late Bids
181 The electronic bidding system would not allow any late
submission of bids after due date and time as per server time
19 Modification and Withdrawal of Bids
191 Tenderers may modify their bids online before the deadline
prescribed in Clause 17 for bid modification and consequential re-
submission
192 No tenders may be modified after the deadline for submission
of Bids
193 Withdrawal or modification of a tender between the deadline
for submission of tender and the expiration of the original period of
bid validity specified in Clause 141 above or as extended pursuant to
Clause 142 is not allowed in the e-procurement system If a tenderer
does the same through any other medium then it may result in the
forfeiture of the Tender security pursuant to Clause 137
E Tender Opening and Evaluation of Tenders
20 Opening of Tenders by the Purchaser
201 The Purchaser will open all the Technical Cover in the
presence of Tenderersrsquo representatives who choose to attend as per
e-portal
The Tendererrsquos representatives who are present shall sign a register
evidencing their attendance In the event of the specified date of
Tender opening being declared a holiday for the Purchaser the
tenders shall be opened at the appointed time and location on the
next working day
202 The Tendererrsquos names tender modifications or withdrawals
tender prices discounts and the presence or absence of requisite
tender security and such other details as the Purchaser at its
discretion may consider appropriate will be announced at the
opening No tender shall be rejected at tender opening except for late
13
tenders which shall be returned unopened to the Tenderer pursuant
to ITT Clause 18
203 Tenders (and modifications sent pursuant to ITT Clause 192)
that are not opened and read out at tender opening shall not be
considered further for evaluation irrespective of the circumstances
204 The Purchaser will prepare minutes of the tender opening The
Financial Bid of the successful bidders only will be opened after
completion of technical bid evaluation
21 Clarification of Tenders
During evaluation of tenders the Purchaser may at its discretion ask
the Tenderer for a clarification of its tender The request for
clarification and the response shall be in writing and no change in
prices or substance of the tender shall be sought offered or
permitted
22 Preliminary Examination
221 The Purchaser will examine the technical bid to determine
whether they are complete whether required sureties have been
furnished and whether the tenders are generally in order
2211 The evaluation committee appointed by the Employer as
a whole and each of its members individually will evaluate the
Technical Bids on the basis of their responsiveness to the ITB A Bid
shall be rejected at this stage if it does not respond to important
aspects of the Bid Document
222 After the evaluation of technical Bid is completed the
Purchaser shall notify those bidders whose Bids meet the
qualification criteria as detailed in Section VII or were considered
responsive to the bid document indicating that the presentation has
to be made by their company After presentation by the company the
committee members or the person authorized by the commissioner
may visit the plant established by the bidder The bidder to whom the
committee is satisfied with the documents and the presentation and
the site visit if required will be informed as technically qualified
bidders
14
223 The financial bid opening date shall not be informed to the
technically disqualified bidders
2231 The Financial Cover shall be opened publicly in the
presence of the bidders representatives who choose to attend The
bid opening shall be online only
2232 The evaluation committee will determine whether the
Financial Bids are complete correct any computational errors
Arithmetical errors will be rectified on the following basis If there is
a discrepancy between the unit price and the total price that is
obtained by multiplying the unit price and quantity the unit price
shall prevail and the total price shall be corrected If there is a
discrepancy between words and figures the lower of the two will
prevail If the Bidder does not accept the correction of errors its
tender will be rejected and its tender security may be forfeited
2233 All necessary civil work and other related works for
Biomethanation plant is to be done by the successful bidder AMC
shall provide the land road upto the plant site electric connection
upto the plant site AMC shall provide approximately 5 TPD non-veg
organic waste and 5 TPD organic (Veg) waste as feed for each
seperate plant
2234 During the contract period and always the processing
plant machines land and civil works shall be the property of AMC At
the time of handover of the plant to AMC the contractor shall
handover the plant in good running condition If it is found that the
plant is inoperative or needs any repairs and maintenance the
contractor should either repair it to satisfaction of the AMC or if AMC
get it done by its own resources the amount shall be deducted from
the performance security deposit submitted by the contractor
2235 This biding is called for Burudgaon Depo location The
selection procedure of the successful bidder shall be as under
a Whereas successful bidder shall be the bidder quoting lowest for
the Supply Installation Erection commissioning and Operation amp
Maintenance of Municipal Solid Waste Treatment Equipmentrsquos and
Machineries (L-1)
15
b The cost of the MSW Plant and allied accessories for operation
of the plant quoted by the bidder shall be paid by the AMC as per the
payment schedule given in the tender document The value of the
processing plant and allied accessories wit OampM quoted by the
bidder shall be the sole bidding criteria for the tender
c The successful contractor shall not be paid any kind tipping
fees for operating the plant The contractor shall sell the products
(GasElectricitycompostothers) recovered from the processing of
the waste to recover the operation and maintenance cost and the
profits
224 Term of Contract
The term of the contract shall be 1 YEAR and can be renewed for a
similar term if the performance of the contractor is satisfactory
225 Scope of Work
The scope of the work shall be processing of the 5 + 5 TPD waste for
each site (two sites)received at site The rejects from the processing
should not be more than 15 of the total waste The rejects shall be
kept at one side of the site from where the CampT contractor shall lift
the waste and transport it to landfill site
226 Prior to the detailed evaluation pursuant to ITB Clause 23 the
Purchaser will determine the substantial responsiveness of each
tender to the tender documents For purposes of these Clauses a
substantially responsive tender is one which conforms to all the
terms and conditions of the tender documents without material
deviations Deviations from or objections or reservations to critical
provisions such as those concerning Performance Security (GCC
Clause 6) Warranty (GCC Clause 14) Force Majeure (GCC Clause 24)
Limitation of liability (GCC Clause 28) Applicable law (GCC Clause
30) and Taxes amp Duties (GCC Clause 32) will be deemed to be a
material deviation The Purchasers determination of a tenders
responsiveness is to be based on the contents of the tender itself
without recourse to extrinsic evidence
16
227 If a tender is not substantially responsive it will be rejected by
the Purchaser and may not subsequently be made responsive by the
Tenderer by correction of the non-conformity
23 Evaluation and Comparison of Tenders
231 The Purchaser will evaluate and compare the tenders which
have been determined to be substantially responsive pursuant to ITT
Clause 22 for each schedule separately No tender will be considered
if the complete requirements covered in the schedule is not included
in the tender However as stated in ITT Clause 9 The tenderer shall
quote his final prices taken into account all discounts
24 Contacting the Purchaser
241 Subject to ITT Clause 21 no Tenderer shall contact the
Purchaser on any matter relating to its tender from the time of the
tender opening to the time the Contract is awarded If the tenderer
wishes to bring additional information to the notice of the purchaser
it should do so in writing
242 Any effort by a Tenderer to influence the Purchaser in its
decisions on tender evaluation tender comparison or contract award
may result in rejection of the Tenderers tender
F Award of Contract
25 Post qualification
251 In the absence of prequalification the Purchaser will determine
to its satisfaction whether the Tenderer that is selected as having
submitted the lowest evaluated responsive tender meets the criteria
specified in ITT Clause 112 (b) and is qualified to perform the
contract satisfactorily
252 The determination will take into account the Tenderers
financial technical and production capabilities It will be based upon
an examination of the documentary evidence of the Tenderers
qualifications submitted by the Tenderer pursuant to ITT Clause 11
as well as such other information as the Purchaser deems necessary
and appropriate
26 Award Criteria
17
261 Subject to ITT Clause 28 the Purchaser will award the Contract
to the successful Tenderer whose tender has been determined to be
substantially responsive and has been determined as the lowest
evaluated tender provided further that the Tenderer is determined
to be qualified to perform the Contract satisfactorily
27 Right to vary Quantities
271 The contractor shall have to erect the machines proposed by
him in the technical bid and presentation However during the
contract duration for better performance of the processing plant the
contractor shall be free to add the machines vehicles and civil works
at no cost to AMC The contractor shall not be allowed to sell the
installed machines as AMC has already paid the contractor for the
machines and ownership of the machines always lies with the AMC
28 Purchasers Right to Accept Any Tender and to Reject Any
or All Tenders
281 The Purchaser reserves the right to accept or reject any tender
and to annul the tendering process and reject all tenders at any time
prior to contract award without thereby incurring any liability to the
affected Tenderer or Tendererrsquos
29 Notification of Award
291 Prior to the expiration of the period of tender validity the
Purchaser will notify the successful tenderer in writing by registered
letter or by cabletelex or fax to be confirmed in writing by
registered letter that its tender has been accepted
292 The notification of award will constitute the formation of the
Contract
293 Upon the successful Tenderers furnishing of performance
security pursuant to ITT Clause 31 the Purchaser will promptly
notify the name of the winning Tenderer to each unsuccessful
Tenderer and will discharge its earnest money deposit pursuant to
ITT Clause 13
30 Signing of Contract
18
301 At the same time as the Purchaser notifies the successful
tenderer that its tender has been accepted the Purchaser will send
the Tenderer the Contract Form provided in the tender documents
incorporating all agreements between the parties
302 Within 21 days of receipt of the Contract Form the successful
Tenderer shall sign and date the Contract and return it to the
Purchaser
31 Performance Security
311 Within 21 days of the receipt of notification of award from the
Purchaser the successful Tenderer shall furnish the performance
security of 3 of the cost of the machines and equipments
quoted by him The performance security shall be in form of Bank
guarantee 2 payment shall be deducted from each payment which
will make the total performance security to 5 The performance
security shall be released at the end of the contract period
312 Failure of the successful Tenderer to comply with the
requirement of ITT Clause 302 or ITT Clause 311 shall constitute
sufficient grounds for the annulment of the award and forfeiture of
the earnest money deposit in which event the Purchaser may make
the award to the next lowest evaluated Tenderer or call for new
tenders
32 Corrupt or Fraudulent Practices
321 The Government requires that Tendererrsquos Bidders
Contractors observe the highest standard of ethics during the
procurement and execution of Government financed contracts In
pursuance of this policy the Government
(a) defines for the purposes of this provision the terms set forth
as follows
(i) ldquocorrupt practicerdquo means the offering giving receiving or
soliciting of any thing of value to influence the action of a public
official in the procurement process or in contract execution and
(ii) ldquofraudulent practicerdquo means a misrepresentation of facts in
order to influence a procurement process or the execution of a
contract to the detriment of the Government and includes collusive
19
practice among Tenderers (prior to or after tender submission)
designed to establish tender prices at artificial non-competitive
levels and to deprive the Government of the benefits of free and open
competition
(b) will reject a proposal for award if it determines that the
Tenderer recommended for award has engaged in corrupt or
fraudulent practices in competing for the contract in question
(c) will declare a firm ineligible either indefinitely or for a stated
period of time to be awarded a Government financed contract if it at
any time determines that the firm has engaged in corrupt or
fraudulent practices in competing for or in executing a Government-
financed contract
322 Furthermore Tenderers shall be aware of the provision stated
in sub-clause 44 and sub-clause 231 of the General Conditions of
Contract
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
Clause Number Topic
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information
Inspection and Audit by Government
5 Patent Rights
6 Performance Security
7 Inspection and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
20
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
21
General Conditions of Contract
1 Definitions
11 In this Contract the following terms shall be interpreted as
indicated
a The Contract means the agreement entered into between the
Purchaser and the Bidder as recorded in the Contract Form signed
by the parties including all the attachments and appendices thereto
and all documents incorporated by reference therein
b The Contract Price means the price payable to the Bidder
under the Contract for the full and proper performance of its
contractual obligations
c The Goods means all the equipment machinery andor other
materials which the Bidder is required to supply to the Purchaser
under the Contract
d Services means services ancillary to the supply of the Goods
such as transportation and insurance and any other incidental
services such as installation commissioning provision of technical
assistance training and other obligations of the Bidder covered
under the Contract
e ldquoGCCrdquo means the General Conditions of Contract contained in
this section
f ldquoSCCrdquo means the Special Conditions of Contract
g ldquoThe Purchaserrdquo means the organization purchasing the Goods
as named in SCC
h ldquoThe Purchaserrsquos countryrdquo is the country named in SCC
i ldquoThe Bidderrdquo means the individual or firm supplying the Goods
and Services under this Contract
j ldquoThe Governmentrdquo means the Government of Maharashtra
State
k ldquoThe Project Siterdquo where applicable means the place or places
named in SCC
l ldquoDayrdquo means calendar day
2 Application
22
21 These General Conditions shall apply to the extent that
provisions in other parts of the Contract do not supersede them
3 Standards
31 The Goods and machines supplied under this Contract shall
conform to the standards mentioned in the Technical Specifications
given in the technical bid of the bidder and when no applicable
standard is mentioned to the authoritative standard appropriate to
the Goods country of origin and such standards shall be the latest
issued by the concerned institution
4 Use of Contract Documents and Information Inspection
and Audit by the Government
41 The Bidder shall not without the Purchasers prior written
consent disclose the Contract or any provision thereof or any
specification plan drawing pattern sample or information furnished
by or on behalf of the Purchaser in connection therewith to any
person other than a person employed by the Bidder in performance
of the Contract Disclosure to any such employed person shall be
made in confidence and shall extend only so far as may be necessary
for purposes of such performance
42 The Bidder shall not without the Purchaserrsquos prior written
consent make use of any document or information enumerated in
GCC Clause 41 except for purposes of performing the contract
43 Any document other than the Contract itself enumerated in
GCC Clause 41 shall remain the property of the Purchaser and shall
be returned (in all copies) to the Purchaser on completion of the
Bidderrsquos performance under the Contract if so required by the
Purchaser
44 The Bidder shall permit the Government to inspect the Bidderrsquos
accounts and records relating to the performance of the Bidder and
to have them audited by auditors appointed by the Government if so
required by the Government
5 Patent Rights
23
51 The Bidder shall indemnify the Purchaser against all third-
party claims of infringement of patent trademark or industrial
design rights arising from use of the Goods or any part thereof in
India
6 Performance Security
61 Within 21 days of receipt of the notification of contract award
the Bidder shall furnish Performance Security to the Purchaser for an
amount of 5 of the Contract Value valid up to 30 days after the date
of completion of Contract
62 The proceeds of the performance security shall be payable to
the Purchaser as compensation for any loss resulting from the
Bidderrsquos failure to complete its obligations under the Contract
63 The Performance Security shall be denominated in Indian
Rupees and shall be in one of the following forms
a) A Bank guarantee issued by a NationalizedScheduled bank in
the form provided in the tender documents or another form
acceptable to the Purchaser or
b) Crossed demand draft or pay order drawn in favor of the
Purchaser or
64 The Performance Security will be discharged by the Purchaser
and returned to the Bidder not later than 60 days following the date
of completion of the Bidderrsquos performance obligations including any
Warranty obligations under the Contract
7 Inspections and Tests
71 The Purchaser or its representative shall have the right to
inspect andor to test the Goods to confirm their conformity to the
Contract specifications at no extra cost to the Contractor
72 The contractor shall conduct third party inspection from any of
the inspection agency approved by Government of India The cost of
the inspection should be paid by the contractor and no
reimbursement shall be made by AMC for the inspection The
inspection shall be done on the basis of the technical bid submitted
by the tenderer or the approved machines and drawings by AMC
24
73 The inspections and tests may be conducted on the premises of
the Bidder or its subcontractor(s) at point of delivery andor at the
Goods final destination If conducted on the premises of the Bidder or
its subcontractor(s) all reasonable facilities and assistance including
access to drawings and production data - shall be furnished to the
inspectors at no charge to the Purchaser
74 Should any inspected or tested Goods fail to conform to the
specifications the Purchaser may reject the goods and the Bidder
shall either replace the rejected Goods or make alterations necessary
to meet specification requirements free of cost to the Purchaser
75 The Purchasers right to inspect test and where necessary
reject the Goods after the Goods arrival at Project Site shall in no
way be limited or waived by reason of the Goods having previously
been inspected tested and passed by the Purchaser or its
representative prior to the Goods shipment
76 Nothing in GCC Clause 7 shall in any way release the Bidder
from any warranty or other obligations under this Contract
77 Manuals and Drawings
771 Before the goods and equipment are taken over by the
Purchaser the Bidder shall supply operation and maintenance
manuals together with drawings of the goods and equipment These
shall be in such detail as will enable the Purchaser to operate
maintain adjust and repair all parts of the equipment as stated in the
specifications
772 The manuals and drawings shall be in the ruling language
(English) and in such form and numbers as stated in the contract
773 Unless and otherwise agreed the goods and equipment shall
not be considered to be completed for the purpose of taking over
until such manuals and drawings have been supplied to the
Purchaser
8 Packing
25
81 The packing of the goods may not be required however the
documents like operational manual and list of equipments shall be
submitted in two copies in booklet form
9 Delivery and Documents
91 Delivery of the Goods shall be made by the Bidder in
accordance with the terms specified by the Purchaser in the
Notification of Award The bills for the machines shall be submitted
in duplicate The bills for only those equipment will be accepted
whose delivery at site has been done by the bidder
10 Insurance
101 It will the responsibility of the contractor that the Goods and
machines supplied under the Contract shall be fully insured by the
contractor in Indian Rupees against loss or damage incidental to
manufacture or acquisition transportation storage and delivery for
complete duration of the contract For delivery of goods at site the
insurance shall be obtained by the Bidder in an amount equal to
110 of the value of the goods from ldquowarehouse to warehouserdquo
(final destinations) on ldquoAll Risksrdquo basis including War risks and
Strikes
11 Transportation
111 Where the Bidder is required under the Contract to transport
the Goods to a specified place of destination within India defined as
Project site the Bidder as shall be specified in the Contract shall
arrange transport to such place of destination in India including
insurance and the related cost shall be included in the Contract Price
12 Incidental Services
121 The Bidder may be required to provide any or all of the
following services including additional services if any specified in
SCC
a performance or supervision of the on-site assembly andor
start-up of the supplied Goods
b furnishing of tools required for assembly andor maintenance
of the supplied Goods
26
c furnishing of detailed operations and maintenance manual for
each appropriate unit of supplied Goods
d performance or supervision or maintenance andor repair of
the supplied Goods for a period of time agreed by the parties
provided that this service shall not relieve the Bidder of any
warranty obligations under this Contract and
e training of the Purchasers personnel at the Bidderrsquos plant
andor on-site in assembly start-up operation maintenance andor
repair of the supplied Goods
f detailed specifications of each equipment in detail to be
provided
g arrangement of required vehicles and implements for loading
amp unloading of Equipment at Facilities and other required infra for
assembling of equipment
122 Prices charged by the Bidder for incidental services if not
included in the Contract Price for the Goods shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates
charged to other parties by the Bidder for similar services
13 Spare Parts
131 As specified in the SCC the contractor shall be required to
provide any or all of the materials and spare parts at no cost to AMC
132 The Bidder shall carry sufficient inventories to assure ex-stock
supply of consumable spares for the Goods such as gaskets plugs
washers belts etc
14 Warranty
141 The Bidder warrants that the Goods supplied under this
Contract are new unused of the most recent or current models and
that they incorporate all recent improvements in design and
materials unless provided otherwise in the Contract The Bidder
further warrants that all Goods supplied under this Contract shall
have no defect arising from design materials or workmanship
(except when the design andor material is required by the
Purchasers Specifications) or from any act or omission of the Bidder
that may develop under normal use of the supplied Goods in the
conditions prevailing in the country of final destination
27
142 This warranty shall remain valid for 12 months after all the
sections of the entire plant have been delivered and successfully
commissioned and desired outputs are achieved as indicated in the
Contract Although section wise commissioning is proposed the
warranty will come into effect only after completion of all the
sections The Bidder shall in addition comply with the performance
andor consumption guarantees specified under the Contract If for
reasons attributable to the Bidder these guarantees are not attained
in whole or in part the Bidder shall at its discretion either
a make such changes modifications andor additions to the
Goods or any part thereof as may be necessary in order to attain the
contractual guarantees specified in the Contract at its own cost and
expense and to carry out further performance tests in accordance
with SCC Clause 2 OR
b pay liquidated damages to the Purchaser with respect to the
failure to meet the contractual guarantees The rate of these
liquidated damages shall be as specified in the Technical
Specifications
143 If the Bidder having been notified fails to remedy the defect(s)
within 15 days the Purchaser may proceed to take such remedial
action as may be necessary at the Bidderrsquos risk and expense and
without prejudice to any other rights which the Purchaser may have
against the Bidder under the Contract
15 Payment
151 The method and conditions of payment to be made to the
Bidder under this Contract shall be specified in the SCC
152 The Bidderrsquos request(s) for payment shall be made to the
Purchaser in writing accompanied by an invoice describing as
appropriate the Goods delivered and the Services performed and by
documents submitted pursuant to GCC Clause 9 and upon fulfillment
of other obligations stipulated in the contract
153 Payments shall be made promptly by the Purchaser but in no
case later than thirty (30) days after submission of the invoice or
claim by the Bidder
28
154 Payment shall be made in Indian Rupees
16 Prices
161 Prices payable to the Bidder as stated in the contract shall be
firm during the performance of the contract
17 Change Orders
171 The Purchaser may at any time by written order given to the
Bidder pursuant to GCC Clause 31 make changes within the general
scope of the Contract in any one or more of the following
a drawings designs or specifications where Goods to be
furnished under the Contract are to be specifically manufactured for
the Purchaser
b the Services to be provided by the Bidder
172 If any such change causes an increase or decrease in the cost of
or the time required for the Bidderrsquos performance of any provisions
under the Contract an equitable adjustment shall be made in the
Contract Price or delivery schedule or both and the Contract shall
accordingly be amended Any claims by the Bidder for adjustment
under this clause must be asserted within thirty (30) days from the
date of the Bidderrsquos receipt of the Purchasers change order
18 Contract Amendments
181 Subject to GCC Clause 17 no variation in or modification of the
terms of the Contract shall be made except by written amendment
signed by the parties
19 Assignment
191 The Bidder shall not assign in whole or in part its obligations
to perform under the Contract except with the Purchasers prior
written consent
20 Subcontracts
201 Any subcontracting work should be done after confirmation of
the same from the AMC
21 Delays in the Bidderrsquos Performance
29
211 Delivery of the Goods and performance of the Services shall be
made by the Bidder in accordance with the time schedule specified
by the Purchaser in the Schedule of Requirements
212 If at any time during performance of the Contract the Bidder or
its sub-contractor(s) should encounter conditions impeding timely
delivery of the Goods and performance of Services the Bidder shall
promptly notify the Purchaser in writing of the fact of the delay its
likely duration and its cause(s) As soon as practicable after receipt of
the Bidderrsquos notice the Purchaser shall evaluate the situation and
may at its discretion extend the Bidderrsquos time for performance with
or without liquidated damages in which case the extension shall be
ratified by the parties by amendment of the Contract
213 Except as provided under GCC Clause 24 a delay by the Bidder
in the performance of its delivery obligations shall render the Bidder
liable to the imposition of liquidated damages pursuant to GCC
Clause 22 unless an extension of time is agreed upon pursuant to
GCC Clause 212 without the application of liquidated damages
22 Liquidated Damages
221 Subject to GCC Clause 24 if the Bidder fails to deliver any or all
of the Goods or to perform the Services within the period(s) specified
in the Contract the Purchaser shall without prejudice to its other
remedies under the Contract deduct from the Contract Price as
liquidated damages a sum equivalent to 2 of the delivered price of
the delayed Goods or unperformed Services for each week or part
thereof of delay until actual delivery or performance up to a
maximum deduction of 10 of the Contract Price Once the
maximum is reached the Purchaser may consider termination of the
Contract pursuant to GCC Clause 23 Liquidated Damages is applicable
only up to commission and trial run period and not applicable to AMC
phase of the Contract
23 Termination for Default
30
231 The Purchaser may without prejudice to any other remedy for
breach of contract by written notice of default sent to the Bidder
terminate the Contract in whole or part
a if the Bidder fails to deliver any or all of the Goods within the
period(s) specified in the Contract or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 21 or
b if the Bidder fails to perform any other obligation(s) under the
Contract
c If the Bidder in the judgement of the Purchaser has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract
For the purpose of this Clause
ldquoCorrupt practicerdquo means the offering giving receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution
ldquofraudulent practicerdquo means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition
232 In the event the Purchaser terminates the Contract in whole or
in part pursuant to GCC Clause 231 the Purchaser may procure
upon such terms and in such manner as it deems appropriate Goods
or Services similar to those undelivered and the Bidder shall be
liable to the Purchaser for any excess costs for such similar Goods or
Services However the Bidder shall continue the performance of the
Contract to the extent not terminated
24 Force Majeure
241 Not with standing the provisions of GCC Clauses 21 22 23 the
Bidder shall not be liable for forfeiture of its performance security
liquidated damages or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
12
all rights and obligations of the Employer and the bidders previously
subject to the original deadline will then be subject to the new
deadline
18 Late Bids
181 The electronic bidding system would not allow any late
submission of bids after due date and time as per server time
19 Modification and Withdrawal of Bids
191 Tenderers may modify their bids online before the deadline
prescribed in Clause 17 for bid modification and consequential re-
submission
192 No tenders may be modified after the deadline for submission
of Bids
193 Withdrawal or modification of a tender between the deadline
for submission of tender and the expiration of the original period of
bid validity specified in Clause 141 above or as extended pursuant to
Clause 142 is not allowed in the e-procurement system If a tenderer
does the same through any other medium then it may result in the
forfeiture of the Tender security pursuant to Clause 137
E Tender Opening and Evaluation of Tenders
20 Opening of Tenders by the Purchaser
201 The Purchaser will open all the Technical Cover in the
presence of Tenderersrsquo representatives who choose to attend as per
e-portal
The Tendererrsquos representatives who are present shall sign a register
evidencing their attendance In the event of the specified date of
Tender opening being declared a holiday for the Purchaser the
tenders shall be opened at the appointed time and location on the
next working day
202 The Tendererrsquos names tender modifications or withdrawals
tender prices discounts and the presence or absence of requisite
tender security and such other details as the Purchaser at its
discretion may consider appropriate will be announced at the
opening No tender shall be rejected at tender opening except for late
13
tenders which shall be returned unopened to the Tenderer pursuant
to ITT Clause 18
203 Tenders (and modifications sent pursuant to ITT Clause 192)
that are not opened and read out at tender opening shall not be
considered further for evaluation irrespective of the circumstances
204 The Purchaser will prepare minutes of the tender opening The
Financial Bid of the successful bidders only will be opened after
completion of technical bid evaluation
21 Clarification of Tenders
During evaluation of tenders the Purchaser may at its discretion ask
the Tenderer for a clarification of its tender The request for
clarification and the response shall be in writing and no change in
prices or substance of the tender shall be sought offered or
permitted
22 Preliminary Examination
221 The Purchaser will examine the technical bid to determine
whether they are complete whether required sureties have been
furnished and whether the tenders are generally in order
2211 The evaluation committee appointed by the Employer as
a whole and each of its members individually will evaluate the
Technical Bids on the basis of their responsiveness to the ITB A Bid
shall be rejected at this stage if it does not respond to important
aspects of the Bid Document
222 After the evaluation of technical Bid is completed the
Purchaser shall notify those bidders whose Bids meet the
qualification criteria as detailed in Section VII or were considered
responsive to the bid document indicating that the presentation has
to be made by their company After presentation by the company the
committee members or the person authorized by the commissioner
may visit the plant established by the bidder The bidder to whom the
committee is satisfied with the documents and the presentation and
the site visit if required will be informed as technically qualified
bidders
14
223 The financial bid opening date shall not be informed to the
technically disqualified bidders
2231 The Financial Cover shall be opened publicly in the
presence of the bidders representatives who choose to attend The
bid opening shall be online only
2232 The evaluation committee will determine whether the
Financial Bids are complete correct any computational errors
Arithmetical errors will be rectified on the following basis If there is
a discrepancy between the unit price and the total price that is
obtained by multiplying the unit price and quantity the unit price
shall prevail and the total price shall be corrected If there is a
discrepancy between words and figures the lower of the two will
prevail If the Bidder does not accept the correction of errors its
tender will be rejected and its tender security may be forfeited
2233 All necessary civil work and other related works for
Biomethanation plant is to be done by the successful bidder AMC
shall provide the land road upto the plant site electric connection
upto the plant site AMC shall provide approximately 5 TPD non-veg
organic waste and 5 TPD organic (Veg) waste as feed for each
seperate plant
2234 During the contract period and always the processing
plant machines land and civil works shall be the property of AMC At
the time of handover of the plant to AMC the contractor shall
handover the plant in good running condition If it is found that the
plant is inoperative or needs any repairs and maintenance the
contractor should either repair it to satisfaction of the AMC or if AMC
get it done by its own resources the amount shall be deducted from
the performance security deposit submitted by the contractor
2235 This biding is called for Burudgaon Depo location The
selection procedure of the successful bidder shall be as under
a Whereas successful bidder shall be the bidder quoting lowest for
the Supply Installation Erection commissioning and Operation amp
Maintenance of Municipal Solid Waste Treatment Equipmentrsquos and
Machineries (L-1)
15
b The cost of the MSW Plant and allied accessories for operation
of the plant quoted by the bidder shall be paid by the AMC as per the
payment schedule given in the tender document The value of the
processing plant and allied accessories wit OampM quoted by the
bidder shall be the sole bidding criteria for the tender
c The successful contractor shall not be paid any kind tipping
fees for operating the plant The contractor shall sell the products
(GasElectricitycompostothers) recovered from the processing of
the waste to recover the operation and maintenance cost and the
profits
224 Term of Contract
The term of the contract shall be 1 YEAR and can be renewed for a
similar term if the performance of the contractor is satisfactory
225 Scope of Work
The scope of the work shall be processing of the 5 + 5 TPD waste for
each site (two sites)received at site The rejects from the processing
should not be more than 15 of the total waste The rejects shall be
kept at one side of the site from where the CampT contractor shall lift
the waste and transport it to landfill site
226 Prior to the detailed evaluation pursuant to ITB Clause 23 the
Purchaser will determine the substantial responsiveness of each
tender to the tender documents For purposes of these Clauses a
substantially responsive tender is one which conforms to all the
terms and conditions of the tender documents without material
deviations Deviations from or objections or reservations to critical
provisions such as those concerning Performance Security (GCC
Clause 6) Warranty (GCC Clause 14) Force Majeure (GCC Clause 24)
Limitation of liability (GCC Clause 28) Applicable law (GCC Clause
30) and Taxes amp Duties (GCC Clause 32) will be deemed to be a
material deviation The Purchasers determination of a tenders
responsiveness is to be based on the contents of the tender itself
without recourse to extrinsic evidence
16
227 If a tender is not substantially responsive it will be rejected by
the Purchaser and may not subsequently be made responsive by the
Tenderer by correction of the non-conformity
23 Evaluation and Comparison of Tenders
231 The Purchaser will evaluate and compare the tenders which
have been determined to be substantially responsive pursuant to ITT
Clause 22 for each schedule separately No tender will be considered
if the complete requirements covered in the schedule is not included
in the tender However as stated in ITT Clause 9 The tenderer shall
quote his final prices taken into account all discounts
24 Contacting the Purchaser
241 Subject to ITT Clause 21 no Tenderer shall contact the
Purchaser on any matter relating to its tender from the time of the
tender opening to the time the Contract is awarded If the tenderer
wishes to bring additional information to the notice of the purchaser
it should do so in writing
242 Any effort by a Tenderer to influence the Purchaser in its
decisions on tender evaluation tender comparison or contract award
may result in rejection of the Tenderers tender
F Award of Contract
25 Post qualification
251 In the absence of prequalification the Purchaser will determine
to its satisfaction whether the Tenderer that is selected as having
submitted the lowest evaluated responsive tender meets the criteria
specified in ITT Clause 112 (b) and is qualified to perform the
contract satisfactorily
252 The determination will take into account the Tenderers
financial technical and production capabilities It will be based upon
an examination of the documentary evidence of the Tenderers
qualifications submitted by the Tenderer pursuant to ITT Clause 11
as well as such other information as the Purchaser deems necessary
and appropriate
26 Award Criteria
17
261 Subject to ITT Clause 28 the Purchaser will award the Contract
to the successful Tenderer whose tender has been determined to be
substantially responsive and has been determined as the lowest
evaluated tender provided further that the Tenderer is determined
to be qualified to perform the Contract satisfactorily
27 Right to vary Quantities
271 The contractor shall have to erect the machines proposed by
him in the technical bid and presentation However during the
contract duration for better performance of the processing plant the
contractor shall be free to add the machines vehicles and civil works
at no cost to AMC The contractor shall not be allowed to sell the
installed machines as AMC has already paid the contractor for the
machines and ownership of the machines always lies with the AMC
28 Purchasers Right to Accept Any Tender and to Reject Any
or All Tenders
281 The Purchaser reserves the right to accept or reject any tender
and to annul the tendering process and reject all tenders at any time
prior to contract award without thereby incurring any liability to the
affected Tenderer or Tendererrsquos
29 Notification of Award
291 Prior to the expiration of the period of tender validity the
Purchaser will notify the successful tenderer in writing by registered
letter or by cabletelex or fax to be confirmed in writing by
registered letter that its tender has been accepted
292 The notification of award will constitute the formation of the
Contract
293 Upon the successful Tenderers furnishing of performance
security pursuant to ITT Clause 31 the Purchaser will promptly
notify the name of the winning Tenderer to each unsuccessful
Tenderer and will discharge its earnest money deposit pursuant to
ITT Clause 13
30 Signing of Contract
18
301 At the same time as the Purchaser notifies the successful
tenderer that its tender has been accepted the Purchaser will send
the Tenderer the Contract Form provided in the tender documents
incorporating all agreements between the parties
302 Within 21 days of receipt of the Contract Form the successful
Tenderer shall sign and date the Contract and return it to the
Purchaser
31 Performance Security
311 Within 21 days of the receipt of notification of award from the
Purchaser the successful Tenderer shall furnish the performance
security of 3 of the cost of the machines and equipments
quoted by him The performance security shall be in form of Bank
guarantee 2 payment shall be deducted from each payment which
will make the total performance security to 5 The performance
security shall be released at the end of the contract period
312 Failure of the successful Tenderer to comply with the
requirement of ITT Clause 302 or ITT Clause 311 shall constitute
sufficient grounds for the annulment of the award and forfeiture of
the earnest money deposit in which event the Purchaser may make
the award to the next lowest evaluated Tenderer or call for new
tenders
32 Corrupt or Fraudulent Practices
321 The Government requires that Tendererrsquos Bidders
Contractors observe the highest standard of ethics during the
procurement and execution of Government financed contracts In
pursuance of this policy the Government
(a) defines for the purposes of this provision the terms set forth
as follows
(i) ldquocorrupt practicerdquo means the offering giving receiving or
soliciting of any thing of value to influence the action of a public
official in the procurement process or in contract execution and
(ii) ldquofraudulent practicerdquo means a misrepresentation of facts in
order to influence a procurement process or the execution of a
contract to the detriment of the Government and includes collusive
19
practice among Tenderers (prior to or after tender submission)
designed to establish tender prices at artificial non-competitive
levels and to deprive the Government of the benefits of free and open
competition
(b) will reject a proposal for award if it determines that the
Tenderer recommended for award has engaged in corrupt or
fraudulent practices in competing for the contract in question
(c) will declare a firm ineligible either indefinitely or for a stated
period of time to be awarded a Government financed contract if it at
any time determines that the firm has engaged in corrupt or
fraudulent practices in competing for or in executing a Government-
financed contract
322 Furthermore Tenderers shall be aware of the provision stated
in sub-clause 44 and sub-clause 231 of the General Conditions of
Contract
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
Clause Number Topic
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information
Inspection and Audit by Government
5 Patent Rights
6 Performance Security
7 Inspection and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
20
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
21
General Conditions of Contract
1 Definitions
11 In this Contract the following terms shall be interpreted as
indicated
a The Contract means the agreement entered into between the
Purchaser and the Bidder as recorded in the Contract Form signed
by the parties including all the attachments and appendices thereto
and all documents incorporated by reference therein
b The Contract Price means the price payable to the Bidder
under the Contract for the full and proper performance of its
contractual obligations
c The Goods means all the equipment machinery andor other
materials which the Bidder is required to supply to the Purchaser
under the Contract
d Services means services ancillary to the supply of the Goods
such as transportation and insurance and any other incidental
services such as installation commissioning provision of technical
assistance training and other obligations of the Bidder covered
under the Contract
e ldquoGCCrdquo means the General Conditions of Contract contained in
this section
f ldquoSCCrdquo means the Special Conditions of Contract
g ldquoThe Purchaserrdquo means the organization purchasing the Goods
as named in SCC
h ldquoThe Purchaserrsquos countryrdquo is the country named in SCC
i ldquoThe Bidderrdquo means the individual or firm supplying the Goods
and Services under this Contract
j ldquoThe Governmentrdquo means the Government of Maharashtra
State
k ldquoThe Project Siterdquo where applicable means the place or places
named in SCC
l ldquoDayrdquo means calendar day
2 Application
22
21 These General Conditions shall apply to the extent that
provisions in other parts of the Contract do not supersede them
3 Standards
31 The Goods and machines supplied under this Contract shall
conform to the standards mentioned in the Technical Specifications
given in the technical bid of the bidder and when no applicable
standard is mentioned to the authoritative standard appropriate to
the Goods country of origin and such standards shall be the latest
issued by the concerned institution
4 Use of Contract Documents and Information Inspection
and Audit by the Government
41 The Bidder shall not without the Purchasers prior written
consent disclose the Contract or any provision thereof or any
specification plan drawing pattern sample or information furnished
by or on behalf of the Purchaser in connection therewith to any
person other than a person employed by the Bidder in performance
of the Contract Disclosure to any such employed person shall be
made in confidence and shall extend only so far as may be necessary
for purposes of such performance
42 The Bidder shall not without the Purchaserrsquos prior written
consent make use of any document or information enumerated in
GCC Clause 41 except for purposes of performing the contract
43 Any document other than the Contract itself enumerated in
GCC Clause 41 shall remain the property of the Purchaser and shall
be returned (in all copies) to the Purchaser on completion of the
Bidderrsquos performance under the Contract if so required by the
Purchaser
44 The Bidder shall permit the Government to inspect the Bidderrsquos
accounts and records relating to the performance of the Bidder and
to have them audited by auditors appointed by the Government if so
required by the Government
5 Patent Rights
23
51 The Bidder shall indemnify the Purchaser against all third-
party claims of infringement of patent trademark or industrial
design rights arising from use of the Goods or any part thereof in
India
6 Performance Security
61 Within 21 days of receipt of the notification of contract award
the Bidder shall furnish Performance Security to the Purchaser for an
amount of 5 of the Contract Value valid up to 30 days after the date
of completion of Contract
62 The proceeds of the performance security shall be payable to
the Purchaser as compensation for any loss resulting from the
Bidderrsquos failure to complete its obligations under the Contract
63 The Performance Security shall be denominated in Indian
Rupees and shall be in one of the following forms
a) A Bank guarantee issued by a NationalizedScheduled bank in
the form provided in the tender documents or another form
acceptable to the Purchaser or
b) Crossed demand draft or pay order drawn in favor of the
Purchaser or
64 The Performance Security will be discharged by the Purchaser
and returned to the Bidder not later than 60 days following the date
of completion of the Bidderrsquos performance obligations including any
Warranty obligations under the Contract
7 Inspections and Tests
71 The Purchaser or its representative shall have the right to
inspect andor to test the Goods to confirm their conformity to the
Contract specifications at no extra cost to the Contractor
72 The contractor shall conduct third party inspection from any of
the inspection agency approved by Government of India The cost of
the inspection should be paid by the contractor and no
reimbursement shall be made by AMC for the inspection The
inspection shall be done on the basis of the technical bid submitted
by the tenderer or the approved machines and drawings by AMC
24
73 The inspections and tests may be conducted on the premises of
the Bidder or its subcontractor(s) at point of delivery andor at the
Goods final destination If conducted on the premises of the Bidder or
its subcontractor(s) all reasonable facilities and assistance including
access to drawings and production data - shall be furnished to the
inspectors at no charge to the Purchaser
74 Should any inspected or tested Goods fail to conform to the
specifications the Purchaser may reject the goods and the Bidder
shall either replace the rejected Goods or make alterations necessary
to meet specification requirements free of cost to the Purchaser
75 The Purchasers right to inspect test and where necessary
reject the Goods after the Goods arrival at Project Site shall in no
way be limited or waived by reason of the Goods having previously
been inspected tested and passed by the Purchaser or its
representative prior to the Goods shipment
76 Nothing in GCC Clause 7 shall in any way release the Bidder
from any warranty or other obligations under this Contract
77 Manuals and Drawings
771 Before the goods and equipment are taken over by the
Purchaser the Bidder shall supply operation and maintenance
manuals together with drawings of the goods and equipment These
shall be in such detail as will enable the Purchaser to operate
maintain adjust and repair all parts of the equipment as stated in the
specifications
772 The manuals and drawings shall be in the ruling language
(English) and in such form and numbers as stated in the contract
773 Unless and otherwise agreed the goods and equipment shall
not be considered to be completed for the purpose of taking over
until such manuals and drawings have been supplied to the
Purchaser
8 Packing
25
81 The packing of the goods may not be required however the
documents like operational manual and list of equipments shall be
submitted in two copies in booklet form
9 Delivery and Documents
91 Delivery of the Goods shall be made by the Bidder in
accordance with the terms specified by the Purchaser in the
Notification of Award The bills for the machines shall be submitted
in duplicate The bills for only those equipment will be accepted
whose delivery at site has been done by the bidder
10 Insurance
101 It will the responsibility of the contractor that the Goods and
machines supplied under the Contract shall be fully insured by the
contractor in Indian Rupees against loss or damage incidental to
manufacture or acquisition transportation storage and delivery for
complete duration of the contract For delivery of goods at site the
insurance shall be obtained by the Bidder in an amount equal to
110 of the value of the goods from ldquowarehouse to warehouserdquo
(final destinations) on ldquoAll Risksrdquo basis including War risks and
Strikes
11 Transportation
111 Where the Bidder is required under the Contract to transport
the Goods to a specified place of destination within India defined as
Project site the Bidder as shall be specified in the Contract shall
arrange transport to such place of destination in India including
insurance and the related cost shall be included in the Contract Price
12 Incidental Services
121 The Bidder may be required to provide any or all of the
following services including additional services if any specified in
SCC
a performance or supervision of the on-site assembly andor
start-up of the supplied Goods
b furnishing of tools required for assembly andor maintenance
of the supplied Goods
26
c furnishing of detailed operations and maintenance manual for
each appropriate unit of supplied Goods
d performance or supervision or maintenance andor repair of
the supplied Goods for a period of time agreed by the parties
provided that this service shall not relieve the Bidder of any
warranty obligations under this Contract and
e training of the Purchasers personnel at the Bidderrsquos plant
andor on-site in assembly start-up operation maintenance andor
repair of the supplied Goods
f detailed specifications of each equipment in detail to be
provided
g arrangement of required vehicles and implements for loading
amp unloading of Equipment at Facilities and other required infra for
assembling of equipment
122 Prices charged by the Bidder for incidental services if not
included in the Contract Price for the Goods shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates
charged to other parties by the Bidder for similar services
13 Spare Parts
131 As specified in the SCC the contractor shall be required to
provide any or all of the materials and spare parts at no cost to AMC
132 The Bidder shall carry sufficient inventories to assure ex-stock
supply of consumable spares for the Goods such as gaskets plugs
washers belts etc
14 Warranty
141 The Bidder warrants that the Goods supplied under this
Contract are new unused of the most recent or current models and
that they incorporate all recent improvements in design and
materials unless provided otherwise in the Contract The Bidder
further warrants that all Goods supplied under this Contract shall
have no defect arising from design materials or workmanship
(except when the design andor material is required by the
Purchasers Specifications) or from any act or omission of the Bidder
that may develop under normal use of the supplied Goods in the
conditions prevailing in the country of final destination
27
142 This warranty shall remain valid for 12 months after all the
sections of the entire plant have been delivered and successfully
commissioned and desired outputs are achieved as indicated in the
Contract Although section wise commissioning is proposed the
warranty will come into effect only after completion of all the
sections The Bidder shall in addition comply with the performance
andor consumption guarantees specified under the Contract If for
reasons attributable to the Bidder these guarantees are not attained
in whole or in part the Bidder shall at its discretion either
a make such changes modifications andor additions to the
Goods or any part thereof as may be necessary in order to attain the
contractual guarantees specified in the Contract at its own cost and
expense and to carry out further performance tests in accordance
with SCC Clause 2 OR
b pay liquidated damages to the Purchaser with respect to the
failure to meet the contractual guarantees The rate of these
liquidated damages shall be as specified in the Technical
Specifications
143 If the Bidder having been notified fails to remedy the defect(s)
within 15 days the Purchaser may proceed to take such remedial
action as may be necessary at the Bidderrsquos risk and expense and
without prejudice to any other rights which the Purchaser may have
against the Bidder under the Contract
15 Payment
151 The method and conditions of payment to be made to the
Bidder under this Contract shall be specified in the SCC
152 The Bidderrsquos request(s) for payment shall be made to the
Purchaser in writing accompanied by an invoice describing as
appropriate the Goods delivered and the Services performed and by
documents submitted pursuant to GCC Clause 9 and upon fulfillment
of other obligations stipulated in the contract
153 Payments shall be made promptly by the Purchaser but in no
case later than thirty (30) days after submission of the invoice or
claim by the Bidder
28
154 Payment shall be made in Indian Rupees
16 Prices
161 Prices payable to the Bidder as stated in the contract shall be
firm during the performance of the contract
17 Change Orders
171 The Purchaser may at any time by written order given to the
Bidder pursuant to GCC Clause 31 make changes within the general
scope of the Contract in any one or more of the following
a drawings designs or specifications where Goods to be
furnished under the Contract are to be specifically manufactured for
the Purchaser
b the Services to be provided by the Bidder
172 If any such change causes an increase or decrease in the cost of
or the time required for the Bidderrsquos performance of any provisions
under the Contract an equitable adjustment shall be made in the
Contract Price or delivery schedule or both and the Contract shall
accordingly be amended Any claims by the Bidder for adjustment
under this clause must be asserted within thirty (30) days from the
date of the Bidderrsquos receipt of the Purchasers change order
18 Contract Amendments
181 Subject to GCC Clause 17 no variation in or modification of the
terms of the Contract shall be made except by written amendment
signed by the parties
19 Assignment
191 The Bidder shall not assign in whole or in part its obligations
to perform under the Contract except with the Purchasers prior
written consent
20 Subcontracts
201 Any subcontracting work should be done after confirmation of
the same from the AMC
21 Delays in the Bidderrsquos Performance
29
211 Delivery of the Goods and performance of the Services shall be
made by the Bidder in accordance with the time schedule specified
by the Purchaser in the Schedule of Requirements
212 If at any time during performance of the Contract the Bidder or
its sub-contractor(s) should encounter conditions impeding timely
delivery of the Goods and performance of Services the Bidder shall
promptly notify the Purchaser in writing of the fact of the delay its
likely duration and its cause(s) As soon as practicable after receipt of
the Bidderrsquos notice the Purchaser shall evaluate the situation and
may at its discretion extend the Bidderrsquos time for performance with
or without liquidated damages in which case the extension shall be
ratified by the parties by amendment of the Contract
213 Except as provided under GCC Clause 24 a delay by the Bidder
in the performance of its delivery obligations shall render the Bidder
liable to the imposition of liquidated damages pursuant to GCC
Clause 22 unless an extension of time is agreed upon pursuant to
GCC Clause 212 without the application of liquidated damages
22 Liquidated Damages
221 Subject to GCC Clause 24 if the Bidder fails to deliver any or all
of the Goods or to perform the Services within the period(s) specified
in the Contract the Purchaser shall without prejudice to its other
remedies under the Contract deduct from the Contract Price as
liquidated damages a sum equivalent to 2 of the delivered price of
the delayed Goods or unperformed Services for each week or part
thereof of delay until actual delivery or performance up to a
maximum deduction of 10 of the Contract Price Once the
maximum is reached the Purchaser may consider termination of the
Contract pursuant to GCC Clause 23 Liquidated Damages is applicable
only up to commission and trial run period and not applicable to AMC
phase of the Contract
23 Termination for Default
30
231 The Purchaser may without prejudice to any other remedy for
breach of contract by written notice of default sent to the Bidder
terminate the Contract in whole or part
a if the Bidder fails to deliver any or all of the Goods within the
period(s) specified in the Contract or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 21 or
b if the Bidder fails to perform any other obligation(s) under the
Contract
c If the Bidder in the judgement of the Purchaser has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract
For the purpose of this Clause
ldquoCorrupt practicerdquo means the offering giving receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution
ldquofraudulent practicerdquo means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition
232 In the event the Purchaser terminates the Contract in whole or
in part pursuant to GCC Clause 231 the Purchaser may procure
upon such terms and in such manner as it deems appropriate Goods
or Services similar to those undelivered and the Bidder shall be
liable to the Purchaser for any excess costs for such similar Goods or
Services However the Bidder shall continue the performance of the
Contract to the extent not terminated
24 Force Majeure
241 Not with standing the provisions of GCC Clauses 21 22 23 the
Bidder shall not be liable for forfeiture of its performance security
liquidated damages or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
13
tenders which shall be returned unopened to the Tenderer pursuant
to ITT Clause 18
203 Tenders (and modifications sent pursuant to ITT Clause 192)
that are not opened and read out at tender opening shall not be
considered further for evaluation irrespective of the circumstances
204 The Purchaser will prepare minutes of the tender opening The
Financial Bid of the successful bidders only will be opened after
completion of technical bid evaluation
21 Clarification of Tenders
During evaluation of tenders the Purchaser may at its discretion ask
the Tenderer for a clarification of its tender The request for
clarification and the response shall be in writing and no change in
prices or substance of the tender shall be sought offered or
permitted
22 Preliminary Examination
221 The Purchaser will examine the technical bid to determine
whether they are complete whether required sureties have been
furnished and whether the tenders are generally in order
2211 The evaluation committee appointed by the Employer as
a whole and each of its members individually will evaluate the
Technical Bids on the basis of their responsiveness to the ITB A Bid
shall be rejected at this stage if it does not respond to important
aspects of the Bid Document
222 After the evaluation of technical Bid is completed the
Purchaser shall notify those bidders whose Bids meet the
qualification criteria as detailed in Section VII or were considered
responsive to the bid document indicating that the presentation has
to be made by their company After presentation by the company the
committee members or the person authorized by the commissioner
may visit the plant established by the bidder The bidder to whom the
committee is satisfied with the documents and the presentation and
the site visit if required will be informed as technically qualified
bidders
14
223 The financial bid opening date shall not be informed to the
technically disqualified bidders
2231 The Financial Cover shall be opened publicly in the
presence of the bidders representatives who choose to attend The
bid opening shall be online only
2232 The evaluation committee will determine whether the
Financial Bids are complete correct any computational errors
Arithmetical errors will be rectified on the following basis If there is
a discrepancy between the unit price and the total price that is
obtained by multiplying the unit price and quantity the unit price
shall prevail and the total price shall be corrected If there is a
discrepancy between words and figures the lower of the two will
prevail If the Bidder does not accept the correction of errors its
tender will be rejected and its tender security may be forfeited
2233 All necessary civil work and other related works for
Biomethanation plant is to be done by the successful bidder AMC
shall provide the land road upto the plant site electric connection
upto the plant site AMC shall provide approximately 5 TPD non-veg
organic waste and 5 TPD organic (Veg) waste as feed for each
seperate plant
2234 During the contract period and always the processing
plant machines land and civil works shall be the property of AMC At
the time of handover of the plant to AMC the contractor shall
handover the plant in good running condition If it is found that the
plant is inoperative or needs any repairs and maintenance the
contractor should either repair it to satisfaction of the AMC or if AMC
get it done by its own resources the amount shall be deducted from
the performance security deposit submitted by the contractor
2235 This biding is called for Burudgaon Depo location The
selection procedure of the successful bidder shall be as under
a Whereas successful bidder shall be the bidder quoting lowest for
the Supply Installation Erection commissioning and Operation amp
Maintenance of Municipal Solid Waste Treatment Equipmentrsquos and
Machineries (L-1)
15
b The cost of the MSW Plant and allied accessories for operation
of the plant quoted by the bidder shall be paid by the AMC as per the
payment schedule given in the tender document The value of the
processing plant and allied accessories wit OampM quoted by the
bidder shall be the sole bidding criteria for the tender
c The successful contractor shall not be paid any kind tipping
fees for operating the plant The contractor shall sell the products
(GasElectricitycompostothers) recovered from the processing of
the waste to recover the operation and maintenance cost and the
profits
224 Term of Contract
The term of the contract shall be 1 YEAR and can be renewed for a
similar term if the performance of the contractor is satisfactory
225 Scope of Work
The scope of the work shall be processing of the 5 + 5 TPD waste for
each site (two sites)received at site The rejects from the processing
should not be more than 15 of the total waste The rejects shall be
kept at one side of the site from where the CampT contractor shall lift
the waste and transport it to landfill site
226 Prior to the detailed evaluation pursuant to ITB Clause 23 the
Purchaser will determine the substantial responsiveness of each
tender to the tender documents For purposes of these Clauses a
substantially responsive tender is one which conforms to all the
terms and conditions of the tender documents without material
deviations Deviations from or objections or reservations to critical
provisions such as those concerning Performance Security (GCC
Clause 6) Warranty (GCC Clause 14) Force Majeure (GCC Clause 24)
Limitation of liability (GCC Clause 28) Applicable law (GCC Clause
30) and Taxes amp Duties (GCC Clause 32) will be deemed to be a
material deviation The Purchasers determination of a tenders
responsiveness is to be based on the contents of the tender itself
without recourse to extrinsic evidence
16
227 If a tender is not substantially responsive it will be rejected by
the Purchaser and may not subsequently be made responsive by the
Tenderer by correction of the non-conformity
23 Evaluation and Comparison of Tenders
231 The Purchaser will evaluate and compare the tenders which
have been determined to be substantially responsive pursuant to ITT
Clause 22 for each schedule separately No tender will be considered
if the complete requirements covered in the schedule is not included
in the tender However as stated in ITT Clause 9 The tenderer shall
quote his final prices taken into account all discounts
24 Contacting the Purchaser
241 Subject to ITT Clause 21 no Tenderer shall contact the
Purchaser on any matter relating to its tender from the time of the
tender opening to the time the Contract is awarded If the tenderer
wishes to bring additional information to the notice of the purchaser
it should do so in writing
242 Any effort by a Tenderer to influence the Purchaser in its
decisions on tender evaluation tender comparison or contract award
may result in rejection of the Tenderers tender
F Award of Contract
25 Post qualification
251 In the absence of prequalification the Purchaser will determine
to its satisfaction whether the Tenderer that is selected as having
submitted the lowest evaluated responsive tender meets the criteria
specified in ITT Clause 112 (b) and is qualified to perform the
contract satisfactorily
252 The determination will take into account the Tenderers
financial technical and production capabilities It will be based upon
an examination of the documentary evidence of the Tenderers
qualifications submitted by the Tenderer pursuant to ITT Clause 11
as well as such other information as the Purchaser deems necessary
and appropriate
26 Award Criteria
17
261 Subject to ITT Clause 28 the Purchaser will award the Contract
to the successful Tenderer whose tender has been determined to be
substantially responsive and has been determined as the lowest
evaluated tender provided further that the Tenderer is determined
to be qualified to perform the Contract satisfactorily
27 Right to vary Quantities
271 The contractor shall have to erect the machines proposed by
him in the technical bid and presentation However during the
contract duration for better performance of the processing plant the
contractor shall be free to add the machines vehicles and civil works
at no cost to AMC The contractor shall not be allowed to sell the
installed machines as AMC has already paid the contractor for the
machines and ownership of the machines always lies with the AMC
28 Purchasers Right to Accept Any Tender and to Reject Any
or All Tenders
281 The Purchaser reserves the right to accept or reject any tender
and to annul the tendering process and reject all tenders at any time
prior to contract award without thereby incurring any liability to the
affected Tenderer or Tendererrsquos
29 Notification of Award
291 Prior to the expiration of the period of tender validity the
Purchaser will notify the successful tenderer in writing by registered
letter or by cabletelex or fax to be confirmed in writing by
registered letter that its tender has been accepted
292 The notification of award will constitute the formation of the
Contract
293 Upon the successful Tenderers furnishing of performance
security pursuant to ITT Clause 31 the Purchaser will promptly
notify the name of the winning Tenderer to each unsuccessful
Tenderer and will discharge its earnest money deposit pursuant to
ITT Clause 13
30 Signing of Contract
18
301 At the same time as the Purchaser notifies the successful
tenderer that its tender has been accepted the Purchaser will send
the Tenderer the Contract Form provided in the tender documents
incorporating all agreements between the parties
302 Within 21 days of receipt of the Contract Form the successful
Tenderer shall sign and date the Contract and return it to the
Purchaser
31 Performance Security
311 Within 21 days of the receipt of notification of award from the
Purchaser the successful Tenderer shall furnish the performance
security of 3 of the cost of the machines and equipments
quoted by him The performance security shall be in form of Bank
guarantee 2 payment shall be deducted from each payment which
will make the total performance security to 5 The performance
security shall be released at the end of the contract period
312 Failure of the successful Tenderer to comply with the
requirement of ITT Clause 302 or ITT Clause 311 shall constitute
sufficient grounds for the annulment of the award and forfeiture of
the earnest money deposit in which event the Purchaser may make
the award to the next lowest evaluated Tenderer or call for new
tenders
32 Corrupt or Fraudulent Practices
321 The Government requires that Tendererrsquos Bidders
Contractors observe the highest standard of ethics during the
procurement and execution of Government financed contracts In
pursuance of this policy the Government
(a) defines for the purposes of this provision the terms set forth
as follows
(i) ldquocorrupt practicerdquo means the offering giving receiving or
soliciting of any thing of value to influence the action of a public
official in the procurement process or in contract execution and
(ii) ldquofraudulent practicerdquo means a misrepresentation of facts in
order to influence a procurement process or the execution of a
contract to the detriment of the Government and includes collusive
19
practice among Tenderers (prior to or after tender submission)
designed to establish tender prices at artificial non-competitive
levels and to deprive the Government of the benefits of free and open
competition
(b) will reject a proposal for award if it determines that the
Tenderer recommended for award has engaged in corrupt or
fraudulent practices in competing for the contract in question
(c) will declare a firm ineligible either indefinitely or for a stated
period of time to be awarded a Government financed contract if it at
any time determines that the firm has engaged in corrupt or
fraudulent practices in competing for or in executing a Government-
financed contract
322 Furthermore Tenderers shall be aware of the provision stated
in sub-clause 44 and sub-clause 231 of the General Conditions of
Contract
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
Clause Number Topic
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information
Inspection and Audit by Government
5 Patent Rights
6 Performance Security
7 Inspection and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
20
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
21
General Conditions of Contract
1 Definitions
11 In this Contract the following terms shall be interpreted as
indicated
a The Contract means the agreement entered into between the
Purchaser and the Bidder as recorded in the Contract Form signed
by the parties including all the attachments and appendices thereto
and all documents incorporated by reference therein
b The Contract Price means the price payable to the Bidder
under the Contract for the full and proper performance of its
contractual obligations
c The Goods means all the equipment machinery andor other
materials which the Bidder is required to supply to the Purchaser
under the Contract
d Services means services ancillary to the supply of the Goods
such as transportation and insurance and any other incidental
services such as installation commissioning provision of technical
assistance training and other obligations of the Bidder covered
under the Contract
e ldquoGCCrdquo means the General Conditions of Contract contained in
this section
f ldquoSCCrdquo means the Special Conditions of Contract
g ldquoThe Purchaserrdquo means the organization purchasing the Goods
as named in SCC
h ldquoThe Purchaserrsquos countryrdquo is the country named in SCC
i ldquoThe Bidderrdquo means the individual or firm supplying the Goods
and Services under this Contract
j ldquoThe Governmentrdquo means the Government of Maharashtra
State
k ldquoThe Project Siterdquo where applicable means the place or places
named in SCC
l ldquoDayrdquo means calendar day
2 Application
22
21 These General Conditions shall apply to the extent that
provisions in other parts of the Contract do not supersede them
3 Standards
31 The Goods and machines supplied under this Contract shall
conform to the standards mentioned in the Technical Specifications
given in the technical bid of the bidder and when no applicable
standard is mentioned to the authoritative standard appropriate to
the Goods country of origin and such standards shall be the latest
issued by the concerned institution
4 Use of Contract Documents and Information Inspection
and Audit by the Government
41 The Bidder shall not without the Purchasers prior written
consent disclose the Contract or any provision thereof or any
specification plan drawing pattern sample or information furnished
by or on behalf of the Purchaser in connection therewith to any
person other than a person employed by the Bidder in performance
of the Contract Disclosure to any such employed person shall be
made in confidence and shall extend only so far as may be necessary
for purposes of such performance
42 The Bidder shall not without the Purchaserrsquos prior written
consent make use of any document or information enumerated in
GCC Clause 41 except for purposes of performing the contract
43 Any document other than the Contract itself enumerated in
GCC Clause 41 shall remain the property of the Purchaser and shall
be returned (in all copies) to the Purchaser on completion of the
Bidderrsquos performance under the Contract if so required by the
Purchaser
44 The Bidder shall permit the Government to inspect the Bidderrsquos
accounts and records relating to the performance of the Bidder and
to have them audited by auditors appointed by the Government if so
required by the Government
5 Patent Rights
23
51 The Bidder shall indemnify the Purchaser against all third-
party claims of infringement of patent trademark or industrial
design rights arising from use of the Goods or any part thereof in
India
6 Performance Security
61 Within 21 days of receipt of the notification of contract award
the Bidder shall furnish Performance Security to the Purchaser for an
amount of 5 of the Contract Value valid up to 30 days after the date
of completion of Contract
62 The proceeds of the performance security shall be payable to
the Purchaser as compensation for any loss resulting from the
Bidderrsquos failure to complete its obligations under the Contract
63 The Performance Security shall be denominated in Indian
Rupees and shall be in one of the following forms
a) A Bank guarantee issued by a NationalizedScheduled bank in
the form provided in the tender documents or another form
acceptable to the Purchaser or
b) Crossed demand draft or pay order drawn in favor of the
Purchaser or
64 The Performance Security will be discharged by the Purchaser
and returned to the Bidder not later than 60 days following the date
of completion of the Bidderrsquos performance obligations including any
Warranty obligations under the Contract
7 Inspections and Tests
71 The Purchaser or its representative shall have the right to
inspect andor to test the Goods to confirm their conformity to the
Contract specifications at no extra cost to the Contractor
72 The contractor shall conduct third party inspection from any of
the inspection agency approved by Government of India The cost of
the inspection should be paid by the contractor and no
reimbursement shall be made by AMC for the inspection The
inspection shall be done on the basis of the technical bid submitted
by the tenderer or the approved machines and drawings by AMC
24
73 The inspections and tests may be conducted on the premises of
the Bidder or its subcontractor(s) at point of delivery andor at the
Goods final destination If conducted on the premises of the Bidder or
its subcontractor(s) all reasonable facilities and assistance including
access to drawings and production data - shall be furnished to the
inspectors at no charge to the Purchaser
74 Should any inspected or tested Goods fail to conform to the
specifications the Purchaser may reject the goods and the Bidder
shall either replace the rejected Goods or make alterations necessary
to meet specification requirements free of cost to the Purchaser
75 The Purchasers right to inspect test and where necessary
reject the Goods after the Goods arrival at Project Site shall in no
way be limited or waived by reason of the Goods having previously
been inspected tested and passed by the Purchaser or its
representative prior to the Goods shipment
76 Nothing in GCC Clause 7 shall in any way release the Bidder
from any warranty or other obligations under this Contract
77 Manuals and Drawings
771 Before the goods and equipment are taken over by the
Purchaser the Bidder shall supply operation and maintenance
manuals together with drawings of the goods and equipment These
shall be in such detail as will enable the Purchaser to operate
maintain adjust and repair all parts of the equipment as stated in the
specifications
772 The manuals and drawings shall be in the ruling language
(English) and in such form and numbers as stated in the contract
773 Unless and otherwise agreed the goods and equipment shall
not be considered to be completed for the purpose of taking over
until such manuals and drawings have been supplied to the
Purchaser
8 Packing
25
81 The packing of the goods may not be required however the
documents like operational manual and list of equipments shall be
submitted in two copies in booklet form
9 Delivery and Documents
91 Delivery of the Goods shall be made by the Bidder in
accordance with the terms specified by the Purchaser in the
Notification of Award The bills for the machines shall be submitted
in duplicate The bills for only those equipment will be accepted
whose delivery at site has been done by the bidder
10 Insurance
101 It will the responsibility of the contractor that the Goods and
machines supplied under the Contract shall be fully insured by the
contractor in Indian Rupees against loss or damage incidental to
manufacture or acquisition transportation storage and delivery for
complete duration of the contract For delivery of goods at site the
insurance shall be obtained by the Bidder in an amount equal to
110 of the value of the goods from ldquowarehouse to warehouserdquo
(final destinations) on ldquoAll Risksrdquo basis including War risks and
Strikes
11 Transportation
111 Where the Bidder is required under the Contract to transport
the Goods to a specified place of destination within India defined as
Project site the Bidder as shall be specified in the Contract shall
arrange transport to such place of destination in India including
insurance and the related cost shall be included in the Contract Price
12 Incidental Services
121 The Bidder may be required to provide any or all of the
following services including additional services if any specified in
SCC
a performance or supervision of the on-site assembly andor
start-up of the supplied Goods
b furnishing of tools required for assembly andor maintenance
of the supplied Goods
26
c furnishing of detailed operations and maintenance manual for
each appropriate unit of supplied Goods
d performance or supervision or maintenance andor repair of
the supplied Goods for a period of time agreed by the parties
provided that this service shall not relieve the Bidder of any
warranty obligations under this Contract and
e training of the Purchasers personnel at the Bidderrsquos plant
andor on-site in assembly start-up operation maintenance andor
repair of the supplied Goods
f detailed specifications of each equipment in detail to be
provided
g arrangement of required vehicles and implements for loading
amp unloading of Equipment at Facilities and other required infra for
assembling of equipment
122 Prices charged by the Bidder for incidental services if not
included in the Contract Price for the Goods shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates
charged to other parties by the Bidder for similar services
13 Spare Parts
131 As specified in the SCC the contractor shall be required to
provide any or all of the materials and spare parts at no cost to AMC
132 The Bidder shall carry sufficient inventories to assure ex-stock
supply of consumable spares for the Goods such as gaskets plugs
washers belts etc
14 Warranty
141 The Bidder warrants that the Goods supplied under this
Contract are new unused of the most recent or current models and
that they incorporate all recent improvements in design and
materials unless provided otherwise in the Contract The Bidder
further warrants that all Goods supplied under this Contract shall
have no defect arising from design materials or workmanship
(except when the design andor material is required by the
Purchasers Specifications) or from any act or omission of the Bidder
that may develop under normal use of the supplied Goods in the
conditions prevailing in the country of final destination
27
142 This warranty shall remain valid for 12 months after all the
sections of the entire plant have been delivered and successfully
commissioned and desired outputs are achieved as indicated in the
Contract Although section wise commissioning is proposed the
warranty will come into effect only after completion of all the
sections The Bidder shall in addition comply with the performance
andor consumption guarantees specified under the Contract If for
reasons attributable to the Bidder these guarantees are not attained
in whole or in part the Bidder shall at its discretion either
a make such changes modifications andor additions to the
Goods or any part thereof as may be necessary in order to attain the
contractual guarantees specified in the Contract at its own cost and
expense and to carry out further performance tests in accordance
with SCC Clause 2 OR
b pay liquidated damages to the Purchaser with respect to the
failure to meet the contractual guarantees The rate of these
liquidated damages shall be as specified in the Technical
Specifications
143 If the Bidder having been notified fails to remedy the defect(s)
within 15 days the Purchaser may proceed to take such remedial
action as may be necessary at the Bidderrsquos risk and expense and
without prejudice to any other rights which the Purchaser may have
against the Bidder under the Contract
15 Payment
151 The method and conditions of payment to be made to the
Bidder under this Contract shall be specified in the SCC
152 The Bidderrsquos request(s) for payment shall be made to the
Purchaser in writing accompanied by an invoice describing as
appropriate the Goods delivered and the Services performed and by
documents submitted pursuant to GCC Clause 9 and upon fulfillment
of other obligations stipulated in the contract
153 Payments shall be made promptly by the Purchaser but in no
case later than thirty (30) days after submission of the invoice or
claim by the Bidder
28
154 Payment shall be made in Indian Rupees
16 Prices
161 Prices payable to the Bidder as stated in the contract shall be
firm during the performance of the contract
17 Change Orders
171 The Purchaser may at any time by written order given to the
Bidder pursuant to GCC Clause 31 make changes within the general
scope of the Contract in any one or more of the following
a drawings designs or specifications where Goods to be
furnished under the Contract are to be specifically manufactured for
the Purchaser
b the Services to be provided by the Bidder
172 If any such change causes an increase or decrease in the cost of
or the time required for the Bidderrsquos performance of any provisions
under the Contract an equitable adjustment shall be made in the
Contract Price or delivery schedule or both and the Contract shall
accordingly be amended Any claims by the Bidder for adjustment
under this clause must be asserted within thirty (30) days from the
date of the Bidderrsquos receipt of the Purchasers change order
18 Contract Amendments
181 Subject to GCC Clause 17 no variation in or modification of the
terms of the Contract shall be made except by written amendment
signed by the parties
19 Assignment
191 The Bidder shall not assign in whole or in part its obligations
to perform under the Contract except with the Purchasers prior
written consent
20 Subcontracts
201 Any subcontracting work should be done after confirmation of
the same from the AMC
21 Delays in the Bidderrsquos Performance
29
211 Delivery of the Goods and performance of the Services shall be
made by the Bidder in accordance with the time schedule specified
by the Purchaser in the Schedule of Requirements
212 If at any time during performance of the Contract the Bidder or
its sub-contractor(s) should encounter conditions impeding timely
delivery of the Goods and performance of Services the Bidder shall
promptly notify the Purchaser in writing of the fact of the delay its
likely duration and its cause(s) As soon as practicable after receipt of
the Bidderrsquos notice the Purchaser shall evaluate the situation and
may at its discretion extend the Bidderrsquos time for performance with
or without liquidated damages in which case the extension shall be
ratified by the parties by amendment of the Contract
213 Except as provided under GCC Clause 24 a delay by the Bidder
in the performance of its delivery obligations shall render the Bidder
liable to the imposition of liquidated damages pursuant to GCC
Clause 22 unless an extension of time is agreed upon pursuant to
GCC Clause 212 without the application of liquidated damages
22 Liquidated Damages
221 Subject to GCC Clause 24 if the Bidder fails to deliver any or all
of the Goods or to perform the Services within the period(s) specified
in the Contract the Purchaser shall without prejudice to its other
remedies under the Contract deduct from the Contract Price as
liquidated damages a sum equivalent to 2 of the delivered price of
the delayed Goods or unperformed Services for each week or part
thereof of delay until actual delivery or performance up to a
maximum deduction of 10 of the Contract Price Once the
maximum is reached the Purchaser may consider termination of the
Contract pursuant to GCC Clause 23 Liquidated Damages is applicable
only up to commission and trial run period and not applicable to AMC
phase of the Contract
23 Termination for Default
30
231 The Purchaser may without prejudice to any other remedy for
breach of contract by written notice of default sent to the Bidder
terminate the Contract in whole or part
a if the Bidder fails to deliver any or all of the Goods within the
period(s) specified in the Contract or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 21 or
b if the Bidder fails to perform any other obligation(s) under the
Contract
c If the Bidder in the judgement of the Purchaser has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract
For the purpose of this Clause
ldquoCorrupt practicerdquo means the offering giving receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution
ldquofraudulent practicerdquo means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition
232 In the event the Purchaser terminates the Contract in whole or
in part pursuant to GCC Clause 231 the Purchaser may procure
upon such terms and in such manner as it deems appropriate Goods
or Services similar to those undelivered and the Bidder shall be
liable to the Purchaser for any excess costs for such similar Goods or
Services However the Bidder shall continue the performance of the
Contract to the extent not terminated
24 Force Majeure
241 Not with standing the provisions of GCC Clauses 21 22 23 the
Bidder shall not be liable for forfeiture of its performance security
liquidated damages or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
14
223 The financial bid opening date shall not be informed to the
technically disqualified bidders
2231 The Financial Cover shall be opened publicly in the
presence of the bidders representatives who choose to attend The
bid opening shall be online only
2232 The evaluation committee will determine whether the
Financial Bids are complete correct any computational errors
Arithmetical errors will be rectified on the following basis If there is
a discrepancy between the unit price and the total price that is
obtained by multiplying the unit price and quantity the unit price
shall prevail and the total price shall be corrected If there is a
discrepancy between words and figures the lower of the two will
prevail If the Bidder does not accept the correction of errors its
tender will be rejected and its tender security may be forfeited
2233 All necessary civil work and other related works for
Biomethanation plant is to be done by the successful bidder AMC
shall provide the land road upto the plant site electric connection
upto the plant site AMC shall provide approximately 5 TPD non-veg
organic waste and 5 TPD organic (Veg) waste as feed for each
seperate plant
2234 During the contract period and always the processing
plant machines land and civil works shall be the property of AMC At
the time of handover of the plant to AMC the contractor shall
handover the plant in good running condition If it is found that the
plant is inoperative or needs any repairs and maintenance the
contractor should either repair it to satisfaction of the AMC or if AMC
get it done by its own resources the amount shall be deducted from
the performance security deposit submitted by the contractor
2235 This biding is called for Burudgaon Depo location The
selection procedure of the successful bidder shall be as under
a Whereas successful bidder shall be the bidder quoting lowest for
the Supply Installation Erection commissioning and Operation amp
Maintenance of Municipal Solid Waste Treatment Equipmentrsquos and
Machineries (L-1)
15
b The cost of the MSW Plant and allied accessories for operation
of the plant quoted by the bidder shall be paid by the AMC as per the
payment schedule given in the tender document The value of the
processing plant and allied accessories wit OampM quoted by the
bidder shall be the sole bidding criteria for the tender
c The successful contractor shall not be paid any kind tipping
fees for operating the plant The contractor shall sell the products
(GasElectricitycompostothers) recovered from the processing of
the waste to recover the operation and maintenance cost and the
profits
224 Term of Contract
The term of the contract shall be 1 YEAR and can be renewed for a
similar term if the performance of the contractor is satisfactory
225 Scope of Work
The scope of the work shall be processing of the 5 + 5 TPD waste for
each site (two sites)received at site The rejects from the processing
should not be more than 15 of the total waste The rejects shall be
kept at one side of the site from where the CampT contractor shall lift
the waste and transport it to landfill site
226 Prior to the detailed evaluation pursuant to ITB Clause 23 the
Purchaser will determine the substantial responsiveness of each
tender to the tender documents For purposes of these Clauses a
substantially responsive tender is one which conforms to all the
terms and conditions of the tender documents without material
deviations Deviations from or objections or reservations to critical
provisions such as those concerning Performance Security (GCC
Clause 6) Warranty (GCC Clause 14) Force Majeure (GCC Clause 24)
Limitation of liability (GCC Clause 28) Applicable law (GCC Clause
30) and Taxes amp Duties (GCC Clause 32) will be deemed to be a
material deviation The Purchasers determination of a tenders
responsiveness is to be based on the contents of the tender itself
without recourse to extrinsic evidence
16
227 If a tender is not substantially responsive it will be rejected by
the Purchaser and may not subsequently be made responsive by the
Tenderer by correction of the non-conformity
23 Evaluation and Comparison of Tenders
231 The Purchaser will evaluate and compare the tenders which
have been determined to be substantially responsive pursuant to ITT
Clause 22 for each schedule separately No tender will be considered
if the complete requirements covered in the schedule is not included
in the tender However as stated in ITT Clause 9 The tenderer shall
quote his final prices taken into account all discounts
24 Contacting the Purchaser
241 Subject to ITT Clause 21 no Tenderer shall contact the
Purchaser on any matter relating to its tender from the time of the
tender opening to the time the Contract is awarded If the tenderer
wishes to bring additional information to the notice of the purchaser
it should do so in writing
242 Any effort by a Tenderer to influence the Purchaser in its
decisions on tender evaluation tender comparison or contract award
may result in rejection of the Tenderers tender
F Award of Contract
25 Post qualification
251 In the absence of prequalification the Purchaser will determine
to its satisfaction whether the Tenderer that is selected as having
submitted the lowest evaluated responsive tender meets the criteria
specified in ITT Clause 112 (b) and is qualified to perform the
contract satisfactorily
252 The determination will take into account the Tenderers
financial technical and production capabilities It will be based upon
an examination of the documentary evidence of the Tenderers
qualifications submitted by the Tenderer pursuant to ITT Clause 11
as well as such other information as the Purchaser deems necessary
and appropriate
26 Award Criteria
17
261 Subject to ITT Clause 28 the Purchaser will award the Contract
to the successful Tenderer whose tender has been determined to be
substantially responsive and has been determined as the lowest
evaluated tender provided further that the Tenderer is determined
to be qualified to perform the Contract satisfactorily
27 Right to vary Quantities
271 The contractor shall have to erect the machines proposed by
him in the technical bid and presentation However during the
contract duration for better performance of the processing plant the
contractor shall be free to add the machines vehicles and civil works
at no cost to AMC The contractor shall not be allowed to sell the
installed machines as AMC has already paid the contractor for the
machines and ownership of the machines always lies with the AMC
28 Purchasers Right to Accept Any Tender and to Reject Any
or All Tenders
281 The Purchaser reserves the right to accept or reject any tender
and to annul the tendering process and reject all tenders at any time
prior to contract award without thereby incurring any liability to the
affected Tenderer or Tendererrsquos
29 Notification of Award
291 Prior to the expiration of the period of tender validity the
Purchaser will notify the successful tenderer in writing by registered
letter or by cabletelex or fax to be confirmed in writing by
registered letter that its tender has been accepted
292 The notification of award will constitute the formation of the
Contract
293 Upon the successful Tenderers furnishing of performance
security pursuant to ITT Clause 31 the Purchaser will promptly
notify the name of the winning Tenderer to each unsuccessful
Tenderer and will discharge its earnest money deposit pursuant to
ITT Clause 13
30 Signing of Contract
18
301 At the same time as the Purchaser notifies the successful
tenderer that its tender has been accepted the Purchaser will send
the Tenderer the Contract Form provided in the tender documents
incorporating all agreements between the parties
302 Within 21 days of receipt of the Contract Form the successful
Tenderer shall sign and date the Contract and return it to the
Purchaser
31 Performance Security
311 Within 21 days of the receipt of notification of award from the
Purchaser the successful Tenderer shall furnish the performance
security of 3 of the cost of the machines and equipments
quoted by him The performance security shall be in form of Bank
guarantee 2 payment shall be deducted from each payment which
will make the total performance security to 5 The performance
security shall be released at the end of the contract period
312 Failure of the successful Tenderer to comply with the
requirement of ITT Clause 302 or ITT Clause 311 shall constitute
sufficient grounds for the annulment of the award and forfeiture of
the earnest money deposit in which event the Purchaser may make
the award to the next lowest evaluated Tenderer or call for new
tenders
32 Corrupt or Fraudulent Practices
321 The Government requires that Tendererrsquos Bidders
Contractors observe the highest standard of ethics during the
procurement and execution of Government financed contracts In
pursuance of this policy the Government
(a) defines for the purposes of this provision the terms set forth
as follows
(i) ldquocorrupt practicerdquo means the offering giving receiving or
soliciting of any thing of value to influence the action of a public
official in the procurement process or in contract execution and
(ii) ldquofraudulent practicerdquo means a misrepresentation of facts in
order to influence a procurement process or the execution of a
contract to the detriment of the Government and includes collusive
19
practice among Tenderers (prior to or after tender submission)
designed to establish tender prices at artificial non-competitive
levels and to deprive the Government of the benefits of free and open
competition
(b) will reject a proposal for award if it determines that the
Tenderer recommended for award has engaged in corrupt or
fraudulent practices in competing for the contract in question
(c) will declare a firm ineligible either indefinitely or for a stated
period of time to be awarded a Government financed contract if it at
any time determines that the firm has engaged in corrupt or
fraudulent practices in competing for or in executing a Government-
financed contract
322 Furthermore Tenderers shall be aware of the provision stated
in sub-clause 44 and sub-clause 231 of the General Conditions of
Contract
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
Clause Number Topic
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information
Inspection and Audit by Government
5 Patent Rights
6 Performance Security
7 Inspection and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
20
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
21
General Conditions of Contract
1 Definitions
11 In this Contract the following terms shall be interpreted as
indicated
a The Contract means the agreement entered into between the
Purchaser and the Bidder as recorded in the Contract Form signed
by the parties including all the attachments and appendices thereto
and all documents incorporated by reference therein
b The Contract Price means the price payable to the Bidder
under the Contract for the full and proper performance of its
contractual obligations
c The Goods means all the equipment machinery andor other
materials which the Bidder is required to supply to the Purchaser
under the Contract
d Services means services ancillary to the supply of the Goods
such as transportation and insurance and any other incidental
services such as installation commissioning provision of technical
assistance training and other obligations of the Bidder covered
under the Contract
e ldquoGCCrdquo means the General Conditions of Contract contained in
this section
f ldquoSCCrdquo means the Special Conditions of Contract
g ldquoThe Purchaserrdquo means the organization purchasing the Goods
as named in SCC
h ldquoThe Purchaserrsquos countryrdquo is the country named in SCC
i ldquoThe Bidderrdquo means the individual or firm supplying the Goods
and Services under this Contract
j ldquoThe Governmentrdquo means the Government of Maharashtra
State
k ldquoThe Project Siterdquo where applicable means the place or places
named in SCC
l ldquoDayrdquo means calendar day
2 Application
22
21 These General Conditions shall apply to the extent that
provisions in other parts of the Contract do not supersede them
3 Standards
31 The Goods and machines supplied under this Contract shall
conform to the standards mentioned in the Technical Specifications
given in the technical bid of the bidder and when no applicable
standard is mentioned to the authoritative standard appropriate to
the Goods country of origin and such standards shall be the latest
issued by the concerned institution
4 Use of Contract Documents and Information Inspection
and Audit by the Government
41 The Bidder shall not without the Purchasers prior written
consent disclose the Contract or any provision thereof or any
specification plan drawing pattern sample or information furnished
by or on behalf of the Purchaser in connection therewith to any
person other than a person employed by the Bidder in performance
of the Contract Disclosure to any such employed person shall be
made in confidence and shall extend only so far as may be necessary
for purposes of such performance
42 The Bidder shall not without the Purchaserrsquos prior written
consent make use of any document or information enumerated in
GCC Clause 41 except for purposes of performing the contract
43 Any document other than the Contract itself enumerated in
GCC Clause 41 shall remain the property of the Purchaser and shall
be returned (in all copies) to the Purchaser on completion of the
Bidderrsquos performance under the Contract if so required by the
Purchaser
44 The Bidder shall permit the Government to inspect the Bidderrsquos
accounts and records relating to the performance of the Bidder and
to have them audited by auditors appointed by the Government if so
required by the Government
5 Patent Rights
23
51 The Bidder shall indemnify the Purchaser against all third-
party claims of infringement of patent trademark or industrial
design rights arising from use of the Goods or any part thereof in
India
6 Performance Security
61 Within 21 days of receipt of the notification of contract award
the Bidder shall furnish Performance Security to the Purchaser for an
amount of 5 of the Contract Value valid up to 30 days after the date
of completion of Contract
62 The proceeds of the performance security shall be payable to
the Purchaser as compensation for any loss resulting from the
Bidderrsquos failure to complete its obligations under the Contract
63 The Performance Security shall be denominated in Indian
Rupees and shall be in one of the following forms
a) A Bank guarantee issued by a NationalizedScheduled bank in
the form provided in the tender documents or another form
acceptable to the Purchaser or
b) Crossed demand draft or pay order drawn in favor of the
Purchaser or
64 The Performance Security will be discharged by the Purchaser
and returned to the Bidder not later than 60 days following the date
of completion of the Bidderrsquos performance obligations including any
Warranty obligations under the Contract
7 Inspections and Tests
71 The Purchaser or its representative shall have the right to
inspect andor to test the Goods to confirm their conformity to the
Contract specifications at no extra cost to the Contractor
72 The contractor shall conduct third party inspection from any of
the inspection agency approved by Government of India The cost of
the inspection should be paid by the contractor and no
reimbursement shall be made by AMC for the inspection The
inspection shall be done on the basis of the technical bid submitted
by the tenderer or the approved machines and drawings by AMC
24
73 The inspections and tests may be conducted on the premises of
the Bidder or its subcontractor(s) at point of delivery andor at the
Goods final destination If conducted on the premises of the Bidder or
its subcontractor(s) all reasonable facilities and assistance including
access to drawings and production data - shall be furnished to the
inspectors at no charge to the Purchaser
74 Should any inspected or tested Goods fail to conform to the
specifications the Purchaser may reject the goods and the Bidder
shall either replace the rejected Goods or make alterations necessary
to meet specification requirements free of cost to the Purchaser
75 The Purchasers right to inspect test and where necessary
reject the Goods after the Goods arrival at Project Site shall in no
way be limited or waived by reason of the Goods having previously
been inspected tested and passed by the Purchaser or its
representative prior to the Goods shipment
76 Nothing in GCC Clause 7 shall in any way release the Bidder
from any warranty or other obligations under this Contract
77 Manuals and Drawings
771 Before the goods and equipment are taken over by the
Purchaser the Bidder shall supply operation and maintenance
manuals together with drawings of the goods and equipment These
shall be in such detail as will enable the Purchaser to operate
maintain adjust and repair all parts of the equipment as stated in the
specifications
772 The manuals and drawings shall be in the ruling language
(English) and in such form and numbers as stated in the contract
773 Unless and otherwise agreed the goods and equipment shall
not be considered to be completed for the purpose of taking over
until such manuals and drawings have been supplied to the
Purchaser
8 Packing
25
81 The packing of the goods may not be required however the
documents like operational manual and list of equipments shall be
submitted in two copies in booklet form
9 Delivery and Documents
91 Delivery of the Goods shall be made by the Bidder in
accordance with the terms specified by the Purchaser in the
Notification of Award The bills for the machines shall be submitted
in duplicate The bills for only those equipment will be accepted
whose delivery at site has been done by the bidder
10 Insurance
101 It will the responsibility of the contractor that the Goods and
machines supplied under the Contract shall be fully insured by the
contractor in Indian Rupees against loss or damage incidental to
manufacture or acquisition transportation storage and delivery for
complete duration of the contract For delivery of goods at site the
insurance shall be obtained by the Bidder in an amount equal to
110 of the value of the goods from ldquowarehouse to warehouserdquo
(final destinations) on ldquoAll Risksrdquo basis including War risks and
Strikes
11 Transportation
111 Where the Bidder is required under the Contract to transport
the Goods to a specified place of destination within India defined as
Project site the Bidder as shall be specified in the Contract shall
arrange transport to such place of destination in India including
insurance and the related cost shall be included in the Contract Price
12 Incidental Services
121 The Bidder may be required to provide any or all of the
following services including additional services if any specified in
SCC
a performance or supervision of the on-site assembly andor
start-up of the supplied Goods
b furnishing of tools required for assembly andor maintenance
of the supplied Goods
26
c furnishing of detailed operations and maintenance manual for
each appropriate unit of supplied Goods
d performance or supervision or maintenance andor repair of
the supplied Goods for a period of time agreed by the parties
provided that this service shall not relieve the Bidder of any
warranty obligations under this Contract and
e training of the Purchasers personnel at the Bidderrsquos plant
andor on-site in assembly start-up operation maintenance andor
repair of the supplied Goods
f detailed specifications of each equipment in detail to be
provided
g arrangement of required vehicles and implements for loading
amp unloading of Equipment at Facilities and other required infra for
assembling of equipment
122 Prices charged by the Bidder for incidental services if not
included in the Contract Price for the Goods shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates
charged to other parties by the Bidder for similar services
13 Spare Parts
131 As specified in the SCC the contractor shall be required to
provide any or all of the materials and spare parts at no cost to AMC
132 The Bidder shall carry sufficient inventories to assure ex-stock
supply of consumable spares for the Goods such as gaskets plugs
washers belts etc
14 Warranty
141 The Bidder warrants that the Goods supplied under this
Contract are new unused of the most recent or current models and
that they incorporate all recent improvements in design and
materials unless provided otherwise in the Contract The Bidder
further warrants that all Goods supplied under this Contract shall
have no defect arising from design materials or workmanship
(except when the design andor material is required by the
Purchasers Specifications) or from any act or omission of the Bidder
that may develop under normal use of the supplied Goods in the
conditions prevailing in the country of final destination
27
142 This warranty shall remain valid for 12 months after all the
sections of the entire plant have been delivered and successfully
commissioned and desired outputs are achieved as indicated in the
Contract Although section wise commissioning is proposed the
warranty will come into effect only after completion of all the
sections The Bidder shall in addition comply with the performance
andor consumption guarantees specified under the Contract If for
reasons attributable to the Bidder these guarantees are not attained
in whole or in part the Bidder shall at its discretion either
a make such changes modifications andor additions to the
Goods or any part thereof as may be necessary in order to attain the
contractual guarantees specified in the Contract at its own cost and
expense and to carry out further performance tests in accordance
with SCC Clause 2 OR
b pay liquidated damages to the Purchaser with respect to the
failure to meet the contractual guarantees The rate of these
liquidated damages shall be as specified in the Technical
Specifications
143 If the Bidder having been notified fails to remedy the defect(s)
within 15 days the Purchaser may proceed to take such remedial
action as may be necessary at the Bidderrsquos risk and expense and
without prejudice to any other rights which the Purchaser may have
against the Bidder under the Contract
15 Payment
151 The method and conditions of payment to be made to the
Bidder under this Contract shall be specified in the SCC
152 The Bidderrsquos request(s) for payment shall be made to the
Purchaser in writing accompanied by an invoice describing as
appropriate the Goods delivered and the Services performed and by
documents submitted pursuant to GCC Clause 9 and upon fulfillment
of other obligations stipulated in the contract
153 Payments shall be made promptly by the Purchaser but in no
case later than thirty (30) days after submission of the invoice or
claim by the Bidder
28
154 Payment shall be made in Indian Rupees
16 Prices
161 Prices payable to the Bidder as stated in the contract shall be
firm during the performance of the contract
17 Change Orders
171 The Purchaser may at any time by written order given to the
Bidder pursuant to GCC Clause 31 make changes within the general
scope of the Contract in any one or more of the following
a drawings designs or specifications where Goods to be
furnished under the Contract are to be specifically manufactured for
the Purchaser
b the Services to be provided by the Bidder
172 If any such change causes an increase or decrease in the cost of
or the time required for the Bidderrsquos performance of any provisions
under the Contract an equitable adjustment shall be made in the
Contract Price or delivery schedule or both and the Contract shall
accordingly be amended Any claims by the Bidder for adjustment
under this clause must be asserted within thirty (30) days from the
date of the Bidderrsquos receipt of the Purchasers change order
18 Contract Amendments
181 Subject to GCC Clause 17 no variation in or modification of the
terms of the Contract shall be made except by written amendment
signed by the parties
19 Assignment
191 The Bidder shall not assign in whole or in part its obligations
to perform under the Contract except with the Purchasers prior
written consent
20 Subcontracts
201 Any subcontracting work should be done after confirmation of
the same from the AMC
21 Delays in the Bidderrsquos Performance
29
211 Delivery of the Goods and performance of the Services shall be
made by the Bidder in accordance with the time schedule specified
by the Purchaser in the Schedule of Requirements
212 If at any time during performance of the Contract the Bidder or
its sub-contractor(s) should encounter conditions impeding timely
delivery of the Goods and performance of Services the Bidder shall
promptly notify the Purchaser in writing of the fact of the delay its
likely duration and its cause(s) As soon as practicable after receipt of
the Bidderrsquos notice the Purchaser shall evaluate the situation and
may at its discretion extend the Bidderrsquos time for performance with
or without liquidated damages in which case the extension shall be
ratified by the parties by amendment of the Contract
213 Except as provided under GCC Clause 24 a delay by the Bidder
in the performance of its delivery obligations shall render the Bidder
liable to the imposition of liquidated damages pursuant to GCC
Clause 22 unless an extension of time is agreed upon pursuant to
GCC Clause 212 without the application of liquidated damages
22 Liquidated Damages
221 Subject to GCC Clause 24 if the Bidder fails to deliver any or all
of the Goods or to perform the Services within the period(s) specified
in the Contract the Purchaser shall without prejudice to its other
remedies under the Contract deduct from the Contract Price as
liquidated damages a sum equivalent to 2 of the delivered price of
the delayed Goods or unperformed Services for each week or part
thereof of delay until actual delivery or performance up to a
maximum deduction of 10 of the Contract Price Once the
maximum is reached the Purchaser may consider termination of the
Contract pursuant to GCC Clause 23 Liquidated Damages is applicable
only up to commission and trial run period and not applicable to AMC
phase of the Contract
23 Termination for Default
30
231 The Purchaser may without prejudice to any other remedy for
breach of contract by written notice of default sent to the Bidder
terminate the Contract in whole or part
a if the Bidder fails to deliver any or all of the Goods within the
period(s) specified in the Contract or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 21 or
b if the Bidder fails to perform any other obligation(s) under the
Contract
c If the Bidder in the judgement of the Purchaser has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract
For the purpose of this Clause
ldquoCorrupt practicerdquo means the offering giving receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution
ldquofraudulent practicerdquo means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition
232 In the event the Purchaser terminates the Contract in whole or
in part pursuant to GCC Clause 231 the Purchaser may procure
upon such terms and in such manner as it deems appropriate Goods
or Services similar to those undelivered and the Bidder shall be
liable to the Purchaser for any excess costs for such similar Goods or
Services However the Bidder shall continue the performance of the
Contract to the extent not terminated
24 Force Majeure
241 Not with standing the provisions of GCC Clauses 21 22 23 the
Bidder shall not be liable for forfeiture of its performance security
liquidated damages or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
15
b The cost of the MSW Plant and allied accessories for operation
of the plant quoted by the bidder shall be paid by the AMC as per the
payment schedule given in the tender document The value of the
processing plant and allied accessories wit OampM quoted by the
bidder shall be the sole bidding criteria for the tender
c The successful contractor shall not be paid any kind tipping
fees for operating the plant The contractor shall sell the products
(GasElectricitycompostothers) recovered from the processing of
the waste to recover the operation and maintenance cost and the
profits
224 Term of Contract
The term of the contract shall be 1 YEAR and can be renewed for a
similar term if the performance of the contractor is satisfactory
225 Scope of Work
The scope of the work shall be processing of the 5 + 5 TPD waste for
each site (two sites)received at site The rejects from the processing
should not be more than 15 of the total waste The rejects shall be
kept at one side of the site from where the CampT contractor shall lift
the waste and transport it to landfill site
226 Prior to the detailed evaluation pursuant to ITB Clause 23 the
Purchaser will determine the substantial responsiveness of each
tender to the tender documents For purposes of these Clauses a
substantially responsive tender is one which conforms to all the
terms and conditions of the tender documents without material
deviations Deviations from or objections or reservations to critical
provisions such as those concerning Performance Security (GCC
Clause 6) Warranty (GCC Clause 14) Force Majeure (GCC Clause 24)
Limitation of liability (GCC Clause 28) Applicable law (GCC Clause
30) and Taxes amp Duties (GCC Clause 32) will be deemed to be a
material deviation The Purchasers determination of a tenders
responsiveness is to be based on the contents of the tender itself
without recourse to extrinsic evidence
16
227 If a tender is not substantially responsive it will be rejected by
the Purchaser and may not subsequently be made responsive by the
Tenderer by correction of the non-conformity
23 Evaluation and Comparison of Tenders
231 The Purchaser will evaluate and compare the tenders which
have been determined to be substantially responsive pursuant to ITT
Clause 22 for each schedule separately No tender will be considered
if the complete requirements covered in the schedule is not included
in the tender However as stated in ITT Clause 9 The tenderer shall
quote his final prices taken into account all discounts
24 Contacting the Purchaser
241 Subject to ITT Clause 21 no Tenderer shall contact the
Purchaser on any matter relating to its tender from the time of the
tender opening to the time the Contract is awarded If the tenderer
wishes to bring additional information to the notice of the purchaser
it should do so in writing
242 Any effort by a Tenderer to influence the Purchaser in its
decisions on tender evaluation tender comparison or contract award
may result in rejection of the Tenderers tender
F Award of Contract
25 Post qualification
251 In the absence of prequalification the Purchaser will determine
to its satisfaction whether the Tenderer that is selected as having
submitted the lowest evaluated responsive tender meets the criteria
specified in ITT Clause 112 (b) and is qualified to perform the
contract satisfactorily
252 The determination will take into account the Tenderers
financial technical and production capabilities It will be based upon
an examination of the documentary evidence of the Tenderers
qualifications submitted by the Tenderer pursuant to ITT Clause 11
as well as such other information as the Purchaser deems necessary
and appropriate
26 Award Criteria
17
261 Subject to ITT Clause 28 the Purchaser will award the Contract
to the successful Tenderer whose tender has been determined to be
substantially responsive and has been determined as the lowest
evaluated tender provided further that the Tenderer is determined
to be qualified to perform the Contract satisfactorily
27 Right to vary Quantities
271 The contractor shall have to erect the machines proposed by
him in the technical bid and presentation However during the
contract duration for better performance of the processing plant the
contractor shall be free to add the machines vehicles and civil works
at no cost to AMC The contractor shall not be allowed to sell the
installed machines as AMC has already paid the contractor for the
machines and ownership of the machines always lies with the AMC
28 Purchasers Right to Accept Any Tender and to Reject Any
or All Tenders
281 The Purchaser reserves the right to accept or reject any tender
and to annul the tendering process and reject all tenders at any time
prior to contract award without thereby incurring any liability to the
affected Tenderer or Tendererrsquos
29 Notification of Award
291 Prior to the expiration of the period of tender validity the
Purchaser will notify the successful tenderer in writing by registered
letter or by cabletelex or fax to be confirmed in writing by
registered letter that its tender has been accepted
292 The notification of award will constitute the formation of the
Contract
293 Upon the successful Tenderers furnishing of performance
security pursuant to ITT Clause 31 the Purchaser will promptly
notify the name of the winning Tenderer to each unsuccessful
Tenderer and will discharge its earnest money deposit pursuant to
ITT Clause 13
30 Signing of Contract
18
301 At the same time as the Purchaser notifies the successful
tenderer that its tender has been accepted the Purchaser will send
the Tenderer the Contract Form provided in the tender documents
incorporating all agreements between the parties
302 Within 21 days of receipt of the Contract Form the successful
Tenderer shall sign and date the Contract and return it to the
Purchaser
31 Performance Security
311 Within 21 days of the receipt of notification of award from the
Purchaser the successful Tenderer shall furnish the performance
security of 3 of the cost of the machines and equipments
quoted by him The performance security shall be in form of Bank
guarantee 2 payment shall be deducted from each payment which
will make the total performance security to 5 The performance
security shall be released at the end of the contract period
312 Failure of the successful Tenderer to comply with the
requirement of ITT Clause 302 or ITT Clause 311 shall constitute
sufficient grounds for the annulment of the award and forfeiture of
the earnest money deposit in which event the Purchaser may make
the award to the next lowest evaluated Tenderer or call for new
tenders
32 Corrupt or Fraudulent Practices
321 The Government requires that Tendererrsquos Bidders
Contractors observe the highest standard of ethics during the
procurement and execution of Government financed contracts In
pursuance of this policy the Government
(a) defines for the purposes of this provision the terms set forth
as follows
(i) ldquocorrupt practicerdquo means the offering giving receiving or
soliciting of any thing of value to influence the action of a public
official in the procurement process or in contract execution and
(ii) ldquofraudulent practicerdquo means a misrepresentation of facts in
order to influence a procurement process or the execution of a
contract to the detriment of the Government and includes collusive
19
practice among Tenderers (prior to or after tender submission)
designed to establish tender prices at artificial non-competitive
levels and to deprive the Government of the benefits of free and open
competition
(b) will reject a proposal for award if it determines that the
Tenderer recommended for award has engaged in corrupt or
fraudulent practices in competing for the contract in question
(c) will declare a firm ineligible either indefinitely or for a stated
period of time to be awarded a Government financed contract if it at
any time determines that the firm has engaged in corrupt or
fraudulent practices in competing for or in executing a Government-
financed contract
322 Furthermore Tenderers shall be aware of the provision stated
in sub-clause 44 and sub-clause 231 of the General Conditions of
Contract
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
Clause Number Topic
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information
Inspection and Audit by Government
5 Patent Rights
6 Performance Security
7 Inspection and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
20
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
21
General Conditions of Contract
1 Definitions
11 In this Contract the following terms shall be interpreted as
indicated
a The Contract means the agreement entered into between the
Purchaser and the Bidder as recorded in the Contract Form signed
by the parties including all the attachments and appendices thereto
and all documents incorporated by reference therein
b The Contract Price means the price payable to the Bidder
under the Contract for the full and proper performance of its
contractual obligations
c The Goods means all the equipment machinery andor other
materials which the Bidder is required to supply to the Purchaser
under the Contract
d Services means services ancillary to the supply of the Goods
such as transportation and insurance and any other incidental
services such as installation commissioning provision of technical
assistance training and other obligations of the Bidder covered
under the Contract
e ldquoGCCrdquo means the General Conditions of Contract contained in
this section
f ldquoSCCrdquo means the Special Conditions of Contract
g ldquoThe Purchaserrdquo means the organization purchasing the Goods
as named in SCC
h ldquoThe Purchaserrsquos countryrdquo is the country named in SCC
i ldquoThe Bidderrdquo means the individual or firm supplying the Goods
and Services under this Contract
j ldquoThe Governmentrdquo means the Government of Maharashtra
State
k ldquoThe Project Siterdquo where applicable means the place or places
named in SCC
l ldquoDayrdquo means calendar day
2 Application
22
21 These General Conditions shall apply to the extent that
provisions in other parts of the Contract do not supersede them
3 Standards
31 The Goods and machines supplied under this Contract shall
conform to the standards mentioned in the Technical Specifications
given in the technical bid of the bidder and when no applicable
standard is mentioned to the authoritative standard appropriate to
the Goods country of origin and such standards shall be the latest
issued by the concerned institution
4 Use of Contract Documents and Information Inspection
and Audit by the Government
41 The Bidder shall not without the Purchasers prior written
consent disclose the Contract or any provision thereof or any
specification plan drawing pattern sample or information furnished
by or on behalf of the Purchaser in connection therewith to any
person other than a person employed by the Bidder in performance
of the Contract Disclosure to any such employed person shall be
made in confidence and shall extend only so far as may be necessary
for purposes of such performance
42 The Bidder shall not without the Purchaserrsquos prior written
consent make use of any document or information enumerated in
GCC Clause 41 except for purposes of performing the contract
43 Any document other than the Contract itself enumerated in
GCC Clause 41 shall remain the property of the Purchaser and shall
be returned (in all copies) to the Purchaser on completion of the
Bidderrsquos performance under the Contract if so required by the
Purchaser
44 The Bidder shall permit the Government to inspect the Bidderrsquos
accounts and records relating to the performance of the Bidder and
to have them audited by auditors appointed by the Government if so
required by the Government
5 Patent Rights
23
51 The Bidder shall indemnify the Purchaser against all third-
party claims of infringement of patent trademark or industrial
design rights arising from use of the Goods or any part thereof in
India
6 Performance Security
61 Within 21 days of receipt of the notification of contract award
the Bidder shall furnish Performance Security to the Purchaser for an
amount of 5 of the Contract Value valid up to 30 days after the date
of completion of Contract
62 The proceeds of the performance security shall be payable to
the Purchaser as compensation for any loss resulting from the
Bidderrsquos failure to complete its obligations under the Contract
63 The Performance Security shall be denominated in Indian
Rupees and shall be in one of the following forms
a) A Bank guarantee issued by a NationalizedScheduled bank in
the form provided in the tender documents or another form
acceptable to the Purchaser or
b) Crossed demand draft or pay order drawn in favor of the
Purchaser or
64 The Performance Security will be discharged by the Purchaser
and returned to the Bidder not later than 60 days following the date
of completion of the Bidderrsquos performance obligations including any
Warranty obligations under the Contract
7 Inspections and Tests
71 The Purchaser or its representative shall have the right to
inspect andor to test the Goods to confirm their conformity to the
Contract specifications at no extra cost to the Contractor
72 The contractor shall conduct third party inspection from any of
the inspection agency approved by Government of India The cost of
the inspection should be paid by the contractor and no
reimbursement shall be made by AMC for the inspection The
inspection shall be done on the basis of the technical bid submitted
by the tenderer or the approved machines and drawings by AMC
24
73 The inspections and tests may be conducted on the premises of
the Bidder or its subcontractor(s) at point of delivery andor at the
Goods final destination If conducted on the premises of the Bidder or
its subcontractor(s) all reasonable facilities and assistance including
access to drawings and production data - shall be furnished to the
inspectors at no charge to the Purchaser
74 Should any inspected or tested Goods fail to conform to the
specifications the Purchaser may reject the goods and the Bidder
shall either replace the rejected Goods or make alterations necessary
to meet specification requirements free of cost to the Purchaser
75 The Purchasers right to inspect test and where necessary
reject the Goods after the Goods arrival at Project Site shall in no
way be limited or waived by reason of the Goods having previously
been inspected tested and passed by the Purchaser or its
representative prior to the Goods shipment
76 Nothing in GCC Clause 7 shall in any way release the Bidder
from any warranty or other obligations under this Contract
77 Manuals and Drawings
771 Before the goods and equipment are taken over by the
Purchaser the Bidder shall supply operation and maintenance
manuals together with drawings of the goods and equipment These
shall be in such detail as will enable the Purchaser to operate
maintain adjust and repair all parts of the equipment as stated in the
specifications
772 The manuals and drawings shall be in the ruling language
(English) and in such form and numbers as stated in the contract
773 Unless and otherwise agreed the goods and equipment shall
not be considered to be completed for the purpose of taking over
until such manuals and drawings have been supplied to the
Purchaser
8 Packing
25
81 The packing of the goods may not be required however the
documents like operational manual and list of equipments shall be
submitted in two copies in booklet form
9 Delivery and Documents
91 Delivery of the Goods shall be made by the Bidder in
accordance with the terms specified by the Purchaser in the
Notification of Award The bills for the machines shall be submitted
in duplicate The bills for only those equipment will be accepted
whose delivery at site has been done by the bidder
10 Insurance
101 It will the responsibility of the contractor that the Goods and
machines supplied under the Contract shall be fully insured by the
contractor in Indian Rupees against loss or damage incidental to
manufacture or acquisition transportation storage and delivery for
complete duration of the contract For delivery of goods at site the
insurance shall be obtained by the Bidder in an amount equal to
110 of the value of the goods from ldquowarehouse to warehouserdquo
(final destinations) on ldquoAll Risksrdquo basis including War risks and
Strikes
11 Transportation
111 Where the Bidder is required under the Contract to transport
the Goods to a specified place of destination within India defined as
Project site the Bidder as shall be specified in the Contract shall
arrange transport to such place of destination in India including
insurance and the related cost shall be included in the Contract Price
12 Incidental Services
121 The Bidder may be required to provide any or all of the
following services including additional services if any specified in
SCC
a performance or supervision of the on-site assembly andor
start-up of the supplied Goods
b furnishing of tools required for assembly andor maintenance
of the supplied Goods
26
c furnishing of detailed operations and maintenance manual for
each appropriate unit of supplied Goods
d performance or supervision or maintenance andor repair of
the supplied Goods for a period of time agreed by the parties
provided that this service shall not relieve the Bidder of any
warranty obligations under this Contract and
e training of the Purchasers personnel at the Bidderrsquos plant
andor on-site in assembly start-up operation maintenance andor
repair of the supplied Goods
f detailed specifications of each equipment in detail to be
provided
g arrangement of required vehicles and implements for loading
amp unloading of Equipment at Facilities and other required infra for
assembling of equipment
122 Prices charged by the Bidder for incidental services if not
included in the Contract Price for the Goods shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates
charged to other parties by the Bidder for similar services
13 Spare Parts
131 As specified in the SCC the contractor shall be required to
provide any or all of the materials and spare parts at no cost to AMC
132 The Bidder shall carry sufficient inventories to assure ex-stock
supply of consumable spares for the Goods such as gaskets plugs
washers belts etc
14 Warranty
141 The Bidder warrants that the Goods supplied under this
Contract are new unused of the most recent or current models and
that they incorporate all recent improvements in design and
materials unless provided otherwise in the Contract The Bidder
further warrants that all Goods supplied under this Contract shall
have no defect arising from design materials or workmanship
(except when the design andor material is required by the
Purchasers Specifications) or from any act or omission of the Bidder
that may develop under normal use of the supplied Goods in the
conditions prevailing in the country of final destination
27
142 This warranty shall remain valid for 12 months after all the
sections of the entire plant have been delivered and successfully
commissioned and desired outputs are achieved as indicated in the
Contract Although section wise commissioning is proposed the
warranty will come into effect only after completion of all the
sections The Bidder shall in addition comply with the performance
andor consumption guarantees specified under the Contract If for
reasons attributable to the Bidder these guarantees are not attained
in whole or in part the Bidder shall at its discretion either
a make such changes modifications andor additions to the
Goods or any part thereof as may be necessary in order to attain the
contractual guarantees specified in the Contract at its own cost and
expense and to carry out further performance tests in accordance
with SCC Clause 2 OR
b pay liquidated damages to the Purchaser with respect to the
failure to meet the contractual guarantees The rate of these
liquidated damages shall be as specified in the Technical
Specifications
143 If the Bidder having been notified fails to remedy the defect(s)
within 15 days the Purchaser may proceed to take such remedial
action as may be necessary at the Bidderrsquos risk and expense and
without prejudice to any other rights which the Purchaser may have
against the Bidder under the Contract
15 Payment
151 The method and conditions of payment to be made to the
Bidder under this Contract shall be specified in the SCC
152 The Bidderrsquos request(s) for payment shall be made to the
Purchaser in writing accompanied by an invoice describing as
appropriate the Goods delivered and the Services performed and by
documents submitted pursuant to GCC Clause 9 and upon fulfillment
of other obligations stipulated in the contract
153 Payments shall be made promptly by the Purchaser but in no
case later than thirty (30) days after submission of the invoice or
claim by the Bidder
28
154 Payment shall be made in Indian Rupees
16 Prices
161 Prices payable to the Bidder as stated in the contract shall be
firm during the performance of the contract
17 Change Orders
171 The Purchaser may at any time by written order given to the
Bidder pursuant to GCC Clause 31 make changes within the general
scope of the Contract in any one or more of the following
a drawings designs or specifications where Goods to be
furnished under the Contract are to be specifically manufactured for
the Purchaser
b the Services to be provided by the Bidder
172 If any such change causes an increase or decrease in the cost of
or the time required for the Bidderrsquos performance of any provisions
under the Contract an equitable adjustment shall be made in the
Contract Price or delivery schedule or both and the Contract shall
accordingly be amended Any claims by the Bidder for adjustment
under this clause must be asserted within thirty (30) days from the
date of the Bidderrsquos receipt of the Purchasers change order
18 Contract Amendments
181 Subject to GCC Clause 17 no variation in or modification of the
terms of the Contract shall be made except by written amendment
signed by the parties
19 Assignment
191 The Bidder shall not assign in whole or in part its obligations
to perform under the Contract except with the Purchasers prior
written consent
20 Subcontracts
201 Any subcontracting work should be done after confirmation of
the same from the AMC
21 Delays in the Bidderrsquos Performance
29
211 Delivery of the Goods and performance of the Services shall be
made by the Bidder in accordance with the time schedule specified
by the Purchaser in the Schedule of Requirements
212 If at any time during performance of the Contract the Bidder or
its sub-contractor(s) should encounter conditions impeding timely
delivery of the Goods and performance of Services the Bidder shall
promptly notify the Purchaser in writing of the fact of the delay its
likely duration and its cause(s) As soon as practicable after receipt of
the Bidderrsquos notice the Purchaser shall evaluate the situation and
may at its discretion extend the Bidderrsquos time for performance with
or without liquidated damages in which case the extension shall be
ratified by the parties by amendment of the Contract
213 Except as provided under GCC Clause 24 a delay by the Bidder
in the performance of its delivery obligations shall render the Bidder
liable to the imposition of liquidated damages pursuant to GCC
Clause 22 unless an extension of time is agreed upon pursuant to
GCC Clause 212 without the application of liquidated damages
22 Liquidated Damages
221 Subject to GCC Clause 24 if the Bidder fails to deliver any or all
of the Goods or to perform the Services within the period(s) specified
in the Contract the Purchaser shall without prejudice to its other
remedies under the Contract deduct from the Contract Price as
liquidated damages a sum equivalent to 2 of the delivered price of
the delayed Goods or unperformed Services for each week or part
thereof of delay until actual delivery or performance up to a
maximum deduction of 10 of the Contract Price Once the
maximum is reached the Purchaser may consider termination of the
Contract pursuant to GCC Clause 23 Liquidated Damages is applicable
only up to commission and trial run period and not applicable to AMC
phase of the Contract
23 Termination for Default
30
231 The Purchaser may without prejudice to any other remedy for
breach of contract by written notice of default sent to the Bidder
terminate the Contract in whole or part
a if the Bidder fails to deliver any or all of the Goods within the
period(s) specified in the Contract or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 21 or
b if the Bidder fails to perform any other obligation(s) under the
Contract
c If the Bidder in the judgement of the Purchaser has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract
For the purpose of this Clause
ldquoCorrupt practicerdquo means the offering giving receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution
ldquofraudulent practicerdquo means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition
232 In the event the Purchaser terminates the Contract in whole or
in part pursuant to GCC Clause 231 the Purchaser may procure
upon such terms and in such manner as it deems appropriate Goods
or Services similar to those undelivered and the Bidder shall be
liable to the Purchaser for any excess costs for such similar Goods or
Services However the Bidder shall continue the performance of the
Contract to the extent not terminated
24 Force Majeure
241 Not with standing the provisions of GCC Clauses 21 22 23 the
Bidder shall not be liable for forfeiture of its performance security
liquidated damages or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
16
227 If a tender is not substantially responsive it will be rejected by
the Purchaser and may not subsequently be made responsive by the
Tenderer by correction of the non-conformity
23 Evaluation and Comparison of Tenders
231 The Purchaser will evaluate and compare the tenders which
have been determined to be substantially responsive pursuant to ITT
Clause 22 for each schedule separately No tender will be considered
if the complete requirements covered in the schedule is not included
in the tender However as stated in ITT Clause 9 The tenderer shall
quote his final prices taken into account all discounts
24 Contacting the Purchaser
241 Subject to ITT Clause 21 no Tenderer shall contact the
Purchaser on any matter relating to its tender from the time of the
tender opening to the time the Contract is awarded If the tenderer
wishes to bring additional information to the notice of the purchaser
it should do so in writing
242 Any effort by a Tenderer to influence the Purchaser in its
decisions on tender evaluation tender comparison or contract award
may result in rejection of the Tenderers tender
F Award of Contract
25 Post qualification
251 In the absence of prequalification the Purchaser will determine
to its satisfaction whether the Tenderer that is selected as having
submitted the lowest evaluated responsive tender meets the criteria
specified in ITT Clause 112 (b) and is qualified to perform the
contract satisfactorily
252 The determination will take into account the Tenderers
financial technical and production capabilities It will be based upon
an examination of the documentary evidence of the Tenderers
qualifications submitted by the Tenderer pursuant to ITT Clause 11
as well as such other information as the Purchaser deems necessary
and appropriate
26 Award Criteria
17
261 Subject to ITT Clause 28 the Purchaser will award the Contract
to the successful Tenderer whose tender has been determined to be
substantially responsive and has been determined as the lowest
evaluated tender provided further that the Tenderer is determined
to be qualified to perform the Contract satisfactorily
27 Right to vary Quantities
271 The contractor shall have to erect the machines proposed by
him in the technical bid and presentation However during the
contract duration for better performance of the processing plant the
contractor shall be free to add the machines vehicles and civil works
at no cost to AMC The contractor shall not be allowed to sell the
installed machines as AMC has already paid the contractor for the
machines and ownership of the machines always lies with the AMC
28 Purchasers Right to Accept Any Tender and to Reject Any
or All Tenders
281 The Purchaser reserves the right to accept or reject any tender
and to annul the tendering process and reject all tenders at any time
prior to contract award without thereby incurring any liability to the
affected Tenderer or Tendererrsquos
29 Notification of Award
291 Prior to the expiration of the period of tender validity the
Purchaser will notify the successful tenderer in writing by registered
letter or by cabletelex or fax to be confirmed in writing by
registered letter that its tender has been accepted
292 The notification of award will constitute the formation of the
Contract
293 Upon the successful Tenderers furnishing of performance
security pursuant to ITT Clause 31 the Purchaser will promptly
notify the name of the winning Tenderer to each unsuccessful
Tenderer and will discharge its earnest money deposit pursuant to
ITT Clause 13
30 Signing of Contract
18
301 At the same time as the Purchaser notifies the successful
tenderer that its tender has been accepted the Purchaser will send
the Tenderer the Contract Form provided in the tender documents
incorporating all agreements between the parties
302 Within 21 days of receipt of the Contract Form the successful
Tenderer shall sign and date the Contract and return it to the
Purchaser
31 Performance Security
311 Within 21 days of the receipt of notification of award from the
Purchaser the successful Tenderer shall furnish the performance
security of 3 of the cost of the machines and equipments
quoted by him The performance security shall be in form of Bank
guarantee 2 payment shall be deducted from each payment which
will make the total performance security to 5 The performance
security shall be released at the end of the contract period
312 Failure of the successful Tenderer to comply with the
requirement of ITT Clause 302 or ITT Clause 311 shall constitute
sufficient grounds for the annulment of the award and forfeiture of
the earnest money deposit in which event the Purchaser may make
the award to the next lowest evaluated Tenderer or call for new
tenders
32 Corrupt or Fraudulent Practices
321 The Government requires that Tendererrsquos Bidders
Contractors observe the highest standard of ethics during the
procurement and execution of Government financed contracts In
pursuance of this policy the Government
(a) defines for the purposes of this provision the terms set forth
as follows
(i) ldquocorrupt practicerdquo means the offering giving receiving or
soliciting of any thing of value to influence the action of a public
official in the procurement process or in contract execution and
(ii) ldquofraudulent practicerdquo means a misrepresentation of facts in
order to influence a procurement process or the execution of a
contract to the detriment of the Government and includes collusive
19
practice among Tenderers (prior to or after tender submission)
designed to establish tender prices at artificial non-competitive
levels and to deprive the Government of the benefits of free and open
competition
(b) will reject a proposal for award if it determines that the
Tenderer recommended for award has engaged in corrupt or
fraudulent practices in competing for the contract in question
(c) will declare a firm ineligible either indefinitely or for a stated
period of time to be awarded a Government financed contract if it at
any time determines that the firm has engaged in corrupt or
fraudulent practices in competing for or in executing a Government-
financed contract
322 Furthermore Tenderers shall be aware of the provision stated
in sub-clause 44 and sub-clause 231 of the General Conditions of
Contract
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
Clause Number Topic
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information
Inspection and Audit by Government
5 Patent Rights
6 Performance Security
7 Inspection and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
20
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
21
General Conditions of Contract
1 Definitions
11 In this Contract the following terms shall be interpreted as
indicated
a The Contract means the agreement entered into between the
Purchaser and the Bidder as recorded in the Contract Form signed
by the parties including all the attachments and appendices thereto
and all documents incorporated by reference therein
b The Contract Price means the price payable to the Bidder
under the Contract for the full and proper performance of its
contractual obligations
c The Goods means all the equipment machinery andor other
materials which the Bidder is required to supply to the Purchaser
under the Contract
d Services means services ancillary to the supply of the Goods
such as transportation and insurance and any other incidental
services such as installation commissioning provision of technical
assistance training and other obligations of the Bidder covered
under the Contract
e ldquoGCCrdquo means the General Conditions of Contract contained in
this section
f ldquoSCCrdquo means the Special Conditions of Contract
g ldquoThe Purchaserrdquo means the organization purchasing the Goods
as named in SCC
h ldquoThe Purchaserrsquos countryrdquo is the country named in SCC
i ldquoThe Bidderrdquo means the individual or firm supplying the Goods
and Services under this Contract
j ldquoThe Governmentrdquo means the Government of Maharashtra
State
k ldquoThe Project Siterdquo where applicable means the place or places
named in SCC
l ldquoDayrdquo means calendar day
2 Application
22
21 These General Conditions shall apply to the extent that
provisions in other parts of the Contract do not supersede them
3 Standards
31 The Goods and machines supplied under this Contract shall
conform to the standards mentioned in the Technical Specifications
given in the technical bid of the bidder and when no applicable
standard is mentioned to the authoritative standard appropriate to
the Goods country of origin and such standards shall be the latest
issued by the concerned institution
4 Use of Contract Documents and Information Inspection
and Audit by the Government
41 The Bidder shall not without the Purchasers prior written
consent disclose the Contract or any provision thereof or any
specification plan drawing pattern sample or information furnished
by or on behalf of the Purchaser in connection therewith to any
person other than a person employed by the Bidder in performance
of the Contract Disclosure to any such employed person shall be
made in confidence and shall extend only so far as may be necessary
for purposes of such performance
42 The Bidder shall not without the Purchaserrsquos prior written
consent make use of any document or information enumerated in
GCC Clause 41 except for purposes of performing the contract
43 Any document other than the Contract itself enumerated in
GCC Clause 41 shall remain the property of the Purchaser and shall
be returned (in all copies) to the Purchaser on completion of the
Bidderrsquos performance under the Contract if so required by the
Purchaser
44 The Bidder shall permit the Government to inspect the Bidderrsquos
accounts and records relating to the performance of the Bidder and
to have them audited by auditors appointed by the Government if so
required by the Government
5 Patent Rights
23
51 The Bidder shall indemnify the Purchaser against all third-
party claims of infringement of patent trademark or industrial
design rights arising from use of the Goods or any part thereof in
India
6 Performance Security
61 Within 21 days of receipt of the notification of contract award
the Bidder shall furnish Performance Security to the Purchaser for an
amount of 5 of the Contract Value valid up to 30 days after the date
of completion of Contract
62 The proceeds of the performance security shall be payable to
the Purchaser as compensation for any loss resulting from the
Bidderrsquos failure to complete its obligations under the Contract
63 The Performance Security shall be denominated in Indian
Rupees and shall be in one of the following forms
a) A Bank guarantee issued by a NationalizedScheduled bank in
the form provided in the tender documents or another form
acceptable to the Purchaser or
b) Crossed demand draft or pay order drawn in favor of the
Purchaser or
64 The Performance Security will be discharged by the Purchaser
and returned to the Bidder not later than 60 days following the date
of completion of the Bidderrsquos performance obligations including any
Warranty obligations under the Contract
7 Inspections and Tests
71 The Purchaser or its representative shall have the right to
inspect andor to test the Goods to confirm their conformity to the
Contract specifications at no extra cost to the Contractor
72 The contractor shall conduct third party inspection from any of
the inspection agency approved by Government of India The cost of
the inspection should be paid by the contractor and no
reimbursement shall be made by AMC for the inspection The
inspection shall be done on the basis of the technical bid submitted
by the tenderer or the approved machines and drawings by AMC
24
73 The inspections and tests may be conducted on the premises of
the Bidder or its subcontractor(s) at point of delivery andor at the
Goods final destination If conducted on the premises of the Bidder or
its subcontractor(s) all reasonable facilities and assistance including
access to drawings and production data - shall be furnished to the
inspectors at no charge to the Purchaser
74 Should any inspected or tested Goods fail to conform to the
specifications the Purchaser may reject the goods and the Bidder
shall either replace the rejected Goods or make alterations necessary
to meet specification requirements free of cost to the Purchaser
75 The Purchasers right to inspect test and where necessary
reject the Goods after the Goods arrival at Project Site shall in no
way be limited or waived by reason of the Goods having previously
been inspected tested and passed by the Purchaser or its
representative prior to the Goods shipment
76 Nothing in GCC Clause 7 shall in any way release the Bidder
from any warranty or other obligations under this Contract
77 Manuals and Drawings
771 Before the goods and equipment are taken over by the
Purchaser the Bidder shall supply operation and maintenance
manuals together with drawings of the goods and equipment These
shall be in such detail as will enable the Purchaser to operate
maintain adjust and repair all parts of the equipment as stated in the
specifications
772 The manuals and drawings shall be in the ruling language
(English) and in such form and numbers as stated in the contract
773 Unless and otherwise agreed the goods and equipment shall
not be considered to be completed for the purpose of taking over
until such manuals and drawings have been supplied to the
Purchaser
8 Packing
25
81 The packing of the goods may not be required however the
documents like operational manual and list of equipments shall be
submitted in two copies in booklet form
9 Delivery and Documents
91 Delivery of the Goods shall be made by the Bidder in
accordance with the terms specified by the Purchaser in the
Notification of Award The bills for the machines shall be submitted
in duplicate The bills for only those equipment will be accepted
whose delivery at site has been done by the bidder
10 Insurance
101 It will the responsibility of the contractor that the Goods and
machines supplied under the Contract shall be fully insured by the
contractor in Indian Rupees against loss or damage incidental to
manufacture or acquisition transportation storage and delivery for
complete duration of the contract For delivery of goods at site the
insurance shall be obtained by the Bidder in an amount equal to
110 of the value of the goods from ldquowarehouse to warehouserdquo
(final destinations) on ldquoAll Risksrdquo basis including War risks and
Strikes
11 Transportation
111 Where the Bidder is required under the Contract to transport
the Goods to a specified place of destination within India defined as
Project site the Bidder as shall be specified in the Contract shall
arrange transport to such place of destination in India including
insurance and the related cost shall be included in the Contract Price
12 Incidental Services
121 The Bidder may be required to provide any or all of the
following services including additional services if any specified in
SCC
a performance or supervision of the on-site assembly andor
start-up of the supplied Goods
b furnishing of tools required for assembly andor maintenance
of the supplied Goods
26
c furnishing of detailed operations and maintenance manual for
each appropriate unit of supplied Goods
d performance or supervision or maintenance andor repair of
the supplied Goods for a period of time agreed by the parties
provided that this service shall not relieve the Bidder of any
warranty obligations under this Contract and
e training of the Purchasers personnel at the Bidderrsquos plant
andor on-site in assembly start-up operation maintenance andor
repair of the supplied Goods
f detailed specifications of each equipment in detail to be
provided
g arrangement of required vehicles and implements for loading
amp unloading of Equipment at Facilities and other required infra for
assembling of equipment
122 Prices charged by the Bidder for incidental services if not
included in the Contract Price for the Goods shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates
charged to other parties by the Bidder for similar services
13 Spare Parts
131 As specified in the SCC the contractor shall be required to
provide any or all of the materials and spare parts at no cost to AMC
132 The Bidder shall carry sufficient inventories to assure ex-stock
supply of consumable spares for the Goods such as gaskets plugs
washers belts etc
14 Warranty
141 The Bidder warrants that the Goods supplied under this
Contract are new unused of the most recent or current models and
that they incorporate all recent improvements in design and
materials unless provided otherwise in the Contract The Bidder
further warrants that all Goods supplied under this Contract shall
have no defect arising from design materials or workmanship
(except when the design andor material is required by the
Purchasers Specifications) or from any act or omission of the Bidder
that may develop under normal use of the supplied Goods in the
conditions prevailing in the country of final destination
27
142 This warranty shall remain valid for 12 months after all the
sections of the entire plant have been delivered and successfully
commissioned and desired outputs are achieved as indicated in the
Contract Although section wise commissioning is proposed the
warranty will come into effect only after completion of all the
sections The Bidder shall in addition comply with the performance
andor consumption guarantees specified under the Contract If for
reasons attributable to the Bidder these guarantees are not attained
in whole or in part the Bidder shall at its discretion either
a make such changes modifications andor additions to the
Goods or any part thereof as may be necessary in order to attain the
contractual guarantees specified in the Contract at its own cost and
expense and to carry out further performance tests in accordance
with SCC Clause 2 OR
b pay liquidated damages to the Purchaser with respect to the
failure to meet the contractual guarantees The rate of these
liquidated damages shall be as specified in the Technical
Specifications
143 If the Bidder having been notified fails to remedy the defect(s)
within 15 days the Purchaser may proceed to take such remedial
action as may be necessary at the Bidderrsquos risk and expense and
without prejudice to any other rights which the Purchaser may have
against the Bidder under the Contract
15 Payment
151 The method and conditions of payment to be made to the
Bidder under this Contract shall be specified in the SCC
152 The Bidderrsquos request(s) for payment shall be made to the
Purchaser in writing accompanied by an invoice describing as
appropriate the Goods delivered and the Services performed and by
documents submitted pursuant to GCC Clause 9 and upon fulfillment
of other obligations stipulated in the contract
153 Payments shall be made promptly by the Purchaser but in no
case later than thirty (30) days after submission of the invoice or
claim by the Bidder
28
154 Payment shall be made in Indian Rupees
16 Prices
161 Prices payable to the Bidder as stated in the contract shall be
firm during the performance of the contract
17 Change Orders
171 The Purchaser may at any time by written order given to the
Bidder pursuant to GCC Clause 31 make changes within the general
scope of the Contract in any one or more of the following
a drawings designs or specifications where Goods to be
furnished under the Contract are to be specifically manufactured for
the Purchaser
b the Services to be provided by the Bidder
172 If any such change causes an increase or decrease in the cost of
or the time required for the Bidderrsquos performance of any provisions
under the Contract an equitable adjustment shall be made in the
Contract Price or delivery schedule or both and the Contract shall
accordingly be amended Any claims by the Bidder for adjustment
under this clause must be asserted within thirty (30) days from the
date of the Bidderrsquos receipt of the Purchasers change order
18 Contract Amendments
181 Subject to GCC Clause 17 no variation in or modification of the
terms of the Contract shall be made except by written amendment
signed by the parties
19 Assignment
191 The Bidder shall not assign in whole or in part its obligations
to perform under the Contract except with the Purchasers prior
written consent
20 Subcontracts
201 Any subcontracting work should be done after confirmation of
the same from the AMC
21 Delays in the Bidderrsquos Performance
29
211 Delivery of the Goods and performance of the Services shall be
made by the Bidder in accordance with the time schedule specified
by the Purchaser in the Schedule of Requirements
212 If at any time during performance of the Contract the Bidder or
its sub-contractor(s) should encounter conditions impeding timely
delivery of the Goods and performance of Services the Bidder shall
promptly notify the Purchaser in writing of the fact of the delay its
likely duration and its cause(s) As soon as practicable after receipt of
the Bidderrsquos notice the Purchaser shall evaluate the situation and
may at its discretion extend the Bidderrsquos time for performance with
or without liquidated damages in which case the extension shall be
ratified by the parties by amendment of the Contract
213 Except as provided under GCC Clause 24 a delay by the Bidder
in the performance of its delivery obligations shall render the Bidder
liable to the imposition of liquidated damages pursuant to GCC
Clause 22 unless an extension of time is agreed upon pursuant to
GCC Clause 212 without the application of liquidated damages
22 Liquidated Damages
221 Subject to GCC Clause 24 if the Bidder fails to deliver any or all
of the Goods or to perform the Services within the period(s) specified
in the Contract the Purchaser shall without prejudice to its other
remedies under the Contract deduct from the Contract Price as
liquidated damages a sum equivalent to 2 of the delivered price of
the delayed Goods or unperformed Services for each week or part
thereof of delay until actual delivery or performance up to a
maximum deduction of 10 of the Contract Price Once the
maximum is reached the Purchaser may consider termination of the
Contract pursuant to GCC Clause 23 Liquidated Damages is applicable
only up to commission and trial run period and not applicable to AMC
phase of the Contract
23 Termination for Default
30
231 The Purchaser may without prejudice to any other remedy for
breach of contract by written notice of default sent to the Bidder
terminate the Contract in whole or part
a if the Bidder fails to deliver any or all of the Goods within the
period(s) specified in the Contract or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 21 or
b if the Bidder fails to perform any other obligation(s) under the
Contract
c If the Bidder in the judgement of the Purchaser has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract
For the purpose of this Clause
ldquoCorrupt practicerdquo means the offering giving receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution
ldquofraudulent practicerdquo means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition
232 In the event the Purchaser terminates the Contract in whole or
in part pursuant to GCC Clause 231 the Purchaser may procure
upon such terms and in such manner as it deems appropriate Goods
or Services similar to those undelivered and the Bidder shall be
liable to the Purchaser for any excess costs for such similar Goods or
Services However the Bidder shall continue the performance of the
Contract to the extent not terminated
24 Force Majeure
241 Not with standing the provisions of GCC Clauses 21 22 23 the
Bidder shall not be liable for forfeiture of its performance security
liquidated damages or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
17
261 Subject to ITT Clause 28 the Purchaser will award the Contract
to the successful Tenderer whose tender has been determined to be
substantially responsive and has been determined as the lowest
evaluated tender provided further that the Tenderer is determined
to be qualified to perform the Contract satisfactorily
27 Right to vary Quantities
271 The contractor shall have to erect the machines proposed by
him in the technical bid and presentation However during the
contract duration for better performance of the processing plant the
contractor shall be free to add the machines vehicles and civil works
at no cost to AMC The contractor shall not be allowed to sell the
installed machines as AMC has already paid the contractor for the
machines and ownership of the machines always lies with the AMC
28 Purchasers Right to Accept Any Tender and to Reject Any
or All Tenders
281 The Purchaser reserves the right to accept or reject any tender
and to annul the tendering process and reject all tenders at any time
prior to contract award without thereby incurring any liability to the
affected Tenderer or Tendererrsquos
29 Notification of Award
291 Prior to the expiration of the period of tender validity the
Purchaser will notify the successful tenderer in writing by registered
letter or by cabletelex or fax to be confirmed in writing by
registered letter that its tender has been accepted
292 The notification of award will constitute the formation of the
Contract
293 Upon the successful Tenderers furnishing of performance
security pursuant to ITT Clause 31 the Purchaser will promptly
notify the name of the winning Tenderer to each unsuccessful
Tenderer and will discharge its earnest money deposit pursuant to
ITT Clause 13
30 Signing of Contract
18
301 At the same time as the Purchaser notifies the successful
tenderer that its tender has been accepted the Purchaser will send
the Tenderer the Contract Form provided in the tender documents
incorporating all agreements between the parties
302 Within 21 days of receipt of the Contract Form the successful
Tenderer shall sign and date the Contract and return it to the
Purchaser
31 Performance Security
311 Within 21 days of the receipt of notification of award from the
Purchaser the successful Tenderer shall furnish the performance
security of 3 of the cost of the machines and equipments
quoted by him The performance security shall be in form of Bank
guarantee 2 payment shall be deducted from each payment which
will make the total performance security to 5 The performance
security shall be released at the end of the contract period
312 Failure of the successful Tenderer to comply with the
requirement of ITT Clause 302 or ITT Clause 311 shall constitute
sufficient grounds for the annulment of the award and forfeiture of
the earnest money deposit in which event the Purchaser may make
the award to the next lowest evaluated Tenderer or call for new
tenders
32 Corrupt or Fraudulent Practices
321 The Government requires that Tendererrsquos Bidders
Contractors observe the highest standard of ethics during the
procurement and execution of Government financed contracts In
pursuance of this policy the Government
(a) defines for the purposes of this provision the terms set forth
as follows
(i) ldquocorrupt practicerdquo means the offering giving receiving or
soliciting of any thing of value to influence the action of a public
official in the procurement process or in contract execution and
(ii) ldquofraudulent practicerdquo means a misrepresentation of facts in
order to influence a procurement process or the execution of a
contract to the detriment of the Government and includes collusive
19
practice among Tenderers (prior to or after tender submission)
designed to establish tender prices at artificial non-competitive
levels and to deprive the Government of the benefits of free and open
competition
(b) will reject a proposal for award if it determines that the
Tenderer recommended for award has engaged in corrupt or
fraudulent practices in competing for the contract in question
(c) will declare a firm ineligible either indefinitely or for a stated
period of time to be awarded a Government financed contract if it at
any time determines that the firm has engaged in corrupt or
fraudulent practices in competing for or in executing a Government-
financed contract
322 Furthermore Tenderers shall be aware of the provision stated
in sub-clause 44 and sub-clause 231 of the General Conditions of
Contract
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
Clause Number Topic
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information
Inspection and Audit by Government
5 Patent Rights
6 Performance Security
7 Inspection and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
20
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
21
General Conditions of Contract
1 Definitions
11 In this Contract the following terms shall be interpreted as
indicated
a The Contract means the agreement entered into between the
Purchaser and the Bidder as recorded in the Contract Form signed
by the parties including all the attachments and appendices thereto
and all documents incorporated by reference therein
b The Contract Price means the price payable to the Bidder
under the Contract for the full and proper performance of its
contractual obligations
c The Goods means all the equipment machinery andor other
materials which the Bidder is required to supply to the Purchaser
under the Contract
d Services means services ancillary to the supply of the Goods
such as transportation and insurance and any other incidental
services such as installation commissioning provision of technical
assistance training and other obligations of the Bidder covered
under the Contract
e ldquoGCCrdquo means the General Conditions of Contract contained in
this section
f ldquoSCCrdquo means the Special Conditions of Contract
g ldquoThe Purchaserrdquo means the organization purchasing the Goods
as named in SCC
h ldquoThe Purchaserrsquos countryrdquo is the country named in SCC
i ldquoThe Bidderrdquo means the individual or firm supplying the Goods
and Services under this Contract
j ldquoThe Governmentrdquo means the Government of Maharashtra
State
k ldquoThe Project Siterdquo where applicable means the place or places
named in SCC
l ldquoDayrdquo means calendar day
2 Application
22
21 These General Conditions shall apply to the extent that
provisions in other parts of the Contract do not supersede them
3 Standards
31 The Goods and machines supplied under this Contract shall
conform to the standards mentioned in the Technical Specifications
given in the technical bid of the bidder and when no applicable
standard is mentioned to the authoritative standard appropriate to
the Goods country of origin and such standards shall be the latest
issued by the concerned institution
4 Use of Contract Documents and Information Inspection
and Audit by the Government
41 The Bidder shall not without the Purchasers prior written
consent disclose the Contract or any provision thereof or any
specification plan drawing pattern sample or information furnished
by or on behalf of the Purchaser in connection therewith to any
person other than a person employed by the Bidder in performance
of the Contract Disclosure to any such employed person shall be
made in confidence and shall extend only so far as may be necessary
for purposes of such performance
42 The Bidder shall not without the Purchaserrsquos prior written
consent make use of any document or information enumerated in
GCC Clause 41 except for purposes of performing the contract
43 Any document other than the Contract itself enumerated in
GCC Clause 41 shall remain the property of the Purchaser and shall
be returned (in all copies) to the Purchaser on completion of the
Bidderrsquos performance under the Contract if so required by the
Purchaser
44 The Bidder shall permit the Government to inspect the Bidderrsquos
accounts and records relating to the performance of the Bidder and
to have them audited by auditors appointed by the Government if so
required by the Government
5 Patent Rights
23
51 The Bidder shall indemnify the Purchaser against all third-
party claims of infringement of patent trademark or industrial
design rights arising from use of the Goods or any part thereof in
India
6 Performance Security
61 Within 21 days of receipt of the notification of contract award
the Bidder shall furnish Performance Security to the Purchaser for an
amount of 5 of the Contract Value valid up to 30 days after the date
of completion of Contract
62 The proceeds of the performance security shall be payable to
the Purchaser as compensation for any loss resulting from the
Bidderrsquos failure to complete its obligations under the Contract
63 The Performance Security shall be denominated in Indian
Rupees and shall be in one of the following forms
a) A Bank guarantee issued by a NationalizedScheduled bank in
the form provided in the tender documents or another form
acceptable to the Purchaser or
b) Crossed demand draft or pay order drawn in favor of the
Purchaser or
64 The Performance Security will be discharged by the Purchaser
and returned to the Bidder not later than 60 days following the date
of completion of the Bidderrsquos performance obligations including any
Warranty obligations under the Contract
7 Inspections and Tests
71 The Purchaser or its representative shall have the right to
inspect andor to test the Goods to confirm their conformity to the
Contract specifications at no extra cost to the Contractor
72 The contractor shall conduct third party inspection from any of
the inspection agency approved by Government of India The cost of
the inspection should be paid by the contractor and no
reimbursement shall be made by AMC for the inspection The
inspection shall be done on the basis of the technical bid submitted
by the tenderer or the approved machines and drawings by AMC
24
73 The inspections and tests may be conducted on the premises of
the Bidder or its subcontractor(s) at point of delivery andor at the
Goods final destination If conducted on the premises of the Bidder or
its subcontractor(s) all reasonable facilities and assistance including
access to drawings and production data - shall be furnished to the
inspectors at no charge to the Purchaser
74 Should any inspected or tested Goods fail to conform to the
specifications the Purchaser may reject the goods and the Bidder
shall either replace the rejected Goods or make alterations necessary
to meet specification requirements free of cost to the Purchaser
75 The Purchasers right to inspect test and where necessary
reject the Goods after the Goods arrival at Project Site shall in no
way be limited or waived by reason of the Goods having previously
been inspected tested and passed by the Purchaser or its
representative prior to the Goods shipment
76 Nothing in GCC Clause 7 shall in any way release the Bidder
from any warranty or other obligations under this Contract
77 Manuals and Drawings
771 Before the goods and equipment are taken over by the
Purchaser the Bidder shall supply operation and maintenance
manuals together with drawings of the goods and equipment These
shall be in such detail as will enable the Purchaser to operate
maintain adjust and repair all parts of the equipment as stated in the
specifications
772 The manuals and drawings shall be in the ruling language
(English) and in such form and numbers as stated in the contract
773 Unless and otherwise agreed the goods and equipment shall
not be considered to be completed for the purpose of taking over
until such manuals and drawings have been supplied to the
Purchaser
8 Packing
25
81 The packing of the goods may not be required however the
documents like operational manual and list of equipments shall be
submitted in two copies in booklet form
9 Delivery and Documents
91 Delivery of the Goods shall be made by the Bidder in
accordance with the terms specified by the Purchaser in the
Notification of Award The bills for the machines shall be submitted
in duplicate The bills for only those equipment will be accepted
whose delivery at site has been done by the bidder
10 Insurance
101 It will the responsibility of the contractor that the Goods and
machines supplied under the Contract shall be fully insured by the
contractor in Indian Rupees against loss or damage incidental to
manufacture or acquisition transportation storage and delivery for
complete duration of the contract For delivery of goods at site the
insurance shall be obtained by the Bidder in an amount equal to
110 of the value of the goods from ldquowarehouse to warehouserdquo
(final destinations) on ldquoAll Risksrdquo basis including War risks and
Strikes
11 Transportation
111 Where the Bidder is required under the Contract to transport
the Goods to a specified place of destination within India defined as
Project site the Bidder as shall be specified in the Contract shall
arrange transport to such place of destination in India including
insurance and the related cost shall be included in the Contract Price
12 Incidental Services
121 The Bidder may be required to provide any or all of the
following services including additional services if any specified in
SCC
a performance or supervision of the on-site assembly andor
start-up of the supplied Goods
b furnishing of tools required for assembly andor maintenance
of the supplied Goods
26
c furnishing of detailed operations and maintenance manual for
each appropriate unit of supplied Goods
d performance or supervision or maintenance andor repair of
the supplied Goods for a period of time agreed by the parties
provided that this service shall not relieve the Bidder of any
warranty obligations under this Contract and
e training of the Purchasers personnel at the Bidderrsquos plant
andor on-site in assembly start-up operation maintenance andor
repair of the supplied Goods
f detailed specifications of each equipment in detail to be
provided
g arrangement of required vehicles and implements for loading
amp unloading of Equipment at Facilities and other required infra for
assembling of equipment
122 Prices charged by the Bidder for incidental services if not
included in the Contract Price for the Goods shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates
charged to other parties by the Bidder for similar services
13 Spare Parts
131 As specified in the SCC the contractor shall be required to
provide any or all of the materials and spare parts at no cost to AMC
132 The Bidder shall carry sufficient inventories to assure ex-stock
supply of consumable spares for the Goods such as gaskets plugs
washers belts etc
14 Warranty
141 The Bidder warrants that the Goods supplied under this
Contract are new unused of the most recent or current models and
that they incorporate all recent improvements in design and
materials unless provided otherwise in the Contract The Bidder
further warrants that all Goods supplied under this Contract shall
have no defect arising from design materials or workmanship
(except when the design andor material is required by the
Purchasers Specifications) or from any act or omission of the Bidder
that may develop under normal use of the supplied Goods in the
conditions prevailing in the country of final destination
27
142 This warranty shall remain valid for 12 months after all the
sections of the entire plant have been delivered and successfully
commissioned and desired outputs are achieved as indicated in the
Contract Although section wise commissioning is proposed the
warranty will come into effect only after completion of all the
sections The Bidder shall in addition comply with the performance
andor consumption guarantees specified under the Contract If for
reasons attributable to the Bidder these guarantees are not attained
in whole or in part the Bidder shall at its discretion either
a make such changes modifications andor additions to the
Goods or any part thereof as may be necessary in order to attain the
contractual guarantees specified in the Contract at its own cost and
expense and to carry out further performance tests in accordance
with SCC Clause 2 OR
b pay liquidated damages to the Purchaser with respect to the
failure to meet the contractual guarantees The rate of these
liquidated damages shall be as specified in the Technical
Specifications
143 If the Bidder having been notified fails to remedy the defect(s)
within 15 days the Purchaser may proceed to take such remedial
action as may be necessary at the Bidderrsquos risk and expense and
without prejudice to any other rights which the Purchaser may have
against the Bidder under the Contract
15 Payment
151 The method and conditions of payment to be made to the
Bidder under this Contract shall be specified in the SCC
152 The Bidderrsquos request(s) for payment shall be made to the
Purchaser in writing accompanied by an invoice describing as
appropriate the Goods delivered and the Services performed and by
documents submitted pursuant to GCC Clause 9 and upon fulfillment
of other obligations stipulated in the contract
153 Payments shall be made promptly by the Purchaser but in no
case later than thirty (30) days after submission of the invoice or
claim by the Bidder
28
154 Payment shall be made in Indian Rupees
16 Prices
161 Prices payable to the Bidder as stated in the contract shall be
firm during the performance of the contract
17 Change Orders
171 The Purchaser may at any time by written order given to the
Bidder pursuant to GCC Clause 31 make changes within the general
scope of the Contract in any one or more of the following
a drawings designs or specifications where Goods to be
furnished under the Contract are to be specifically manufactured for
the Purchaser
b the Services to be provided by the Bidder
172 If any such change causes an increase or decrease in the cost of
or the time required for the Bidderrsquos performance of any provisions
under the Contract an equitable adjustment shall be made in the
Contract Price or delivery schedule or both and the Contract shall
accordingly be amended Any claims by the Bidder for adjustment
under this clause must be asserted within thirty (30) days from the
date of the Bidderrsquos receipt of the Purchasers change order
18 Contract Amendments
181 Subject to GCC Clause 17 no variation in or modification of the
terms of the Contract shall be made except by written amendment
signed by the parties
19 Assignment
191 The Bidder shall not assign in whole or in part its obligations
to perform under the Contract except with the Purchasers prior
written consent
20 Subcontracts
201 Any subcontracting work should be done after confirmation of
the same from the AMC
21 Delays in the Bidderrsquos Performance
29
211 Delivery of the Goods and performance of the Services shall be
made by the Bidder in accordance with the time schedule specified
by the Purchaser in the Schedule of Requirements
212 If at any time during performance of the Contract the Bidder or
its sub-contractor(s) should encounter conditions impeding timely
delivery of the Goods and performance of Services the Bidder shall
promptly notify the Purchaser in writing of the fact of the delay its
likely duration and its cause(s) As soon as practicable after receipt of
the Bidderrsquos notice the Purchaser shall evaluate the situation and
may at its discretion extend the Bidderrsquos time for performance with
or without liquidated damages in which case the extension shall be
ratified by the parties by amendment of the Contract
213 Except as provided under GCC Clause 24 a delay by the Bidder
in the performance of its delivery obligations shall render the Bidder
liable to the imposition of liquidated damages pursuant to GCC
Clause 22 unless an extension of time is agreed upon pursuant to
GCC Clause 212 without the application of liquidated damages
22 Liquidated Damages
221 Subject to GCC Clause 24 if the Bidder fails to deliver any or all
of the Goods or to perform the Services within the period(s) specified
in the Contract the Purchaser shall without prejudice to its other
remedies under the Contract deduct from the Contract Price as
liquidated damages a sum equivalent to 2 of the delivered price of
the delayed Goods or unperformed Services for each week or part
thereof of delay until actual delivery or performance up to a
maximum deduction of 10 of the Contract Price Once the
maximum is reached the Purchaser may consider termination of the
Contract pursuant to GCC Clause 23 Liquidated Damages is applicable
only up to commission and trial run period and not applicable to AMC
phase of the Contract
23 Termination for Default
30
231 The Purchaser may without prejudice to any other remedy for
breach of contract by written notice of default sent to the Bidder
terminate the Contract in whole or part
a if the Bidder fails to deliver any or all of the Goods within the
period(s) specified in the Contract or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 21 or
b if the Bidder fails to perform any other obligation(s) under the
Contract
c If the Bidder in the judgement of the Purchaser has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract
For the purpose of this Clause
ldquoCorrupt practicerdquo means the offering giving receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution
ldquofraudulent practicerdquo means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition
232 In the event the Purchaser terminates the Contract in whole or
in part pursuant to GCC Clause 231 the Purchaser may procure
upon such terms and in such manner as it deems appropriate Goods
or Services similar to those undelivered and the Bidder shall be
liable to the Purchaser for any excess costs for such similar Goods or
Services However the Bidder shall continue the performance of the
Contract to the extent not terminated
24 Force Majeure
241 Not with standing the provisions of GCC Clauses 21 22 23 the
Bidder shall not be liable for forfeiture of its performance security
liquidated damages or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
18
301 At the same time as the Purchaser notifies the successful
tenderer that its tender has been accepted the Purchaser will send
the Tenderer the Contract Form provided in the tender documents
incorporating all agreements between the parties
302 Within 21 days of receipt of the Contract Form the successful
Tenderer shall sign and date the Contract and return it to the
Purchaser
31 Performance Security
311 Within 21 days of the receipt of notification of award from the
Purchaser the successful Tenderer shall furnish the performance
security of 3 of the cost of the machines and equipments
quoted by him The performance security shall be in form of Bank
guarantee 2 payment shall be deducted from each payment which
will make the total performance security to 5 The performance
security shall be released at the end of the contract period
312 Failure of the successful Tenderer to comply with the
requirement of ITT Clause 302 or ITT Clause 311 shall constitute
sufficient grounds for the annulment of the award and forfeiture of
the earnest money deposit in which event the Purchaser may make
the award to the next lowest evaluated Tenderer or call for new
tenders
32 Corrupt or Fraudulent Practices
321 The Government requires that Tendererrsquos Bidders
Contractors observe the highest standard of ethics during the
procurement and execution of Government financed contracts In
pursuance of this policy the Government
(a) defines for the purposes of this provision the terms set forth
as follows
(i) ldquocorrupt practicerdquo means the offering giving receiving or
soliciting of any thing of value to influence the action of a public
official in the procurement process or in contract execution and
(ii) ldquofraudulent practicerdquo means a misrepresentation of facts in
order to influence a procurement process or the execution of a
contract to the detriment of the Government and includes collusive
19
practice among Tenderers (prior to or after tender submission)
designed to establish tender prices at artificial non-competitive
levels and to deprive the Government of the benefits of free and open
competition
(b) will reject a proposal for award if it determines that the
Tenderer recommended for award has engaged in corrupt or
fraudulent practices in competing for the contract in question
(c) will declare a firm ineligible either indefinitely or for a stated
period of time to be awarded a Government financed contract if it at
any time determines that the firm has engaged in corrupt or
fraudulent practices in competing for or in executing a Government-
financed contract
322 Furthermore Tenderers shall be aware of the provision stated
in sub-clause 44 and sub-clause 231 of the General Conditions of
Contract
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
Clause Number Topic
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information
Inspection and Audit by Government
5 Patent Rights
6 Performance Security
7 Inspection and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
20
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
21
General Conditions of Contract
1 Definitions
11 In this Contract the following terms shall be interpreted as
indicated
a The Contract means the agreement entered into between the
Purchaser and the Bidder as recorded in the Contract Form signed
by the parties including all the attachments and appendices thereto
and all documents incorporated by reference therein
b The Contract Price means the price payable to the Bidder
under the Contract for the full and proper performance of its
contractual obligations
c The Goods means all the equipment machinery andor other
materials which the Bidder is required to supply to the Purchaser
under the Contract
d Services means services ancillary to the supply of the Goods
such as transportation and insurance and any other incidental
services such as installation commissioning provision of technical
assistance training and other obligations of the Bidder covered
under the Contract
e ldquoGCCrdquo means the General Conditions of Contract contained in
this section
f ldquoSCCrdquo means the Special Conditions of Contract
g ldquoThe Purchaserrdquo means the organization purchasing the Goods
as named in SCC
h ldquoThe Purchaserrsquos countryrdquo is the country named in SCC
i ldquoThe Bidderrdquo means the individual or firm supplying the Goods
and Services under this Contract
j ldquoThe Governmentrdquo means the Government of Maharashtra
State
k ldquoThe Project Siterdquo where applicable means the place or places
named in SCC
l ldquoDayrdquo means calendar day
2 Application
22
21 These General Conditions shall apply to the extent that
provisions in other parts of the Contract do not supersede them
3 Standards
31 The Goods and machines supplied under this Contract shall
conform to the standards mentioned in the Technical Specifications
given in the technical bid of the bidder and when no applicable
standard is mentioned to the authoritative standard appropriate to
the Goods country of origin and such standards shall be the latest
issued by the concerned institution
4 Use of Contract Documents and Information Inspection
and Audit by the Government
41 The Bidder shall not without the Purchasers prior written
consent disclose the Contract or any provision thereof or any
specification plan drawing pattern sample or information furnished
by or on behalf of the Purchaser in connection therewith to any
person other than a person employed by the Bidder in performance
of the Contract Disclosure to any such employed person shall be
made in confidence and shall extend only so far as may be necessary
for purposes of such performance
42 The Bidder shall not without the Purchaserrsquos prior written
consent make use of any document or information enumerated in
GCC Clause 41 except for purposes of performing the contract
43 Any document other than the Contract itself enumerated in
GCC Clause 41 shall remain the property of the Purchaser and shall
be returned (in all copies) to the Purchaser on completion of the
Bidderrsquos performance under the Contract if so required by the
Purchaser
44 The Bidder shall permit the Government to inspect the Bidderrsquos
accounts and records relating to the performance of the Bidder and
to have them audited by auditors appointed by the Government if so
required by the Government
5 Patent Rights
23
51 The Bidder shall indemnify the Purchaser against all third-
party claims of infringement of patent trademark or industrial
design rights arising from use of the Goods or any part thereof in
India
6 Performance Security
61 Within 21 days of receipt of the notification of contract award
the Bidder shall furnish Performance Security to the Purchaser for an
amount of 5 of the Contract Value valid up to 30 days after the date
of completion of Contract
62 The proceeds of the performance security shall be payable to
the Purchaser as compensation for any loss resulting from the
Bidderrsquos failure to complete its obligations under the Contract
63 The Performance Security shall be denominated in Indian
Rupees and shall be in one of the following forms
a) A Bank guarantee issued by a NationalizedScheduled bank in
the form provided in the tender documents or another form
acceptable to the Purchaser or
b) Crossed demand draft or pay order drawn in favor of the
Purchaser or
64 The Performance Security will be discharged by the Purchaser
and returned to the Bidder not later than 60 days following the date
of completion of the Bidderrsquos performance obligations including any
Warranty obligations under the Contract
7 Inspections and Tests
71 The Purchaser or its representative shall have the right to
inspect andor to test the Goods to confirm their conformity to the
Contract specifications at no extra cost to the Contractor
72 The contractor shall conduct third party inspection from any of
the inspection agency approved by Government of India The cost of
the inspection should be paid by the contractor and no
reimbursement shall be made by AMC for the inspection The
inspection shall be done on the basis of the technical bid submitted
by the tenderer or the approved machines and drawings by AMC
24
73 The inspections and tests may be conducted on the premises of
the Bidder or its subcontractor(s) at point of delivery andor at the
Goods final destination If conducted on the premises of the Bidder or
its subcontractor(s) all reasonable facilities and assistance including
access to drawings and production data - shall be furnished to the
inspectors at no charge to the Purchaser
74 Should any inspected or tested Goods fail to conform to the
specifications the Purchaser may reject the goods and the Bidder
shall either replace the rejected Goods or make alterations necessary
to meet specification requirements free of cost to the Purchaser
75 The Purchasers right to inspect test and where necessary
reject the Goods after the Goods arrival at Project Site shall in no
way be limited or waived by reason of the Goods having previously
been inspected tested and passed by the Purchaser or its
representative prior to the Goods shipment
76 Nothing in GCC Clause 7 shall in any way release the Bidder
from any warranty or other obligations under this Contract
77 Manuals and Drawings
771 Before the goods and equipment are taken over by the
Purchaser the Bidder shall supply operation and maintenance
manuals together with drawings of the goods and equipment These
shall be in such detail as will enable the Purchaser to operate
maintain adjust and repair all parts of the equipment as stated in the
specifications
772 The manuals and drawings shall be in the ruling language
(English) and in such form and numbers as stated in the contract
773 Unless and otherwise agreed the goods and equipment shall
not be considered to be completed for the purpose of taking over
until such manuals and drawings have been supplied to the
Purchaser
8 Packing
25
81 The packing of the goods may not be required however the
documents like operational manual and list of equipments shall be
submitted in two copies in booklet form
9 Delivery and Documents
91 Delivery of the Goods shall be made by the Bidder in
accordance with the terms specified by the Purchaser in the
Notification of Award The bills for the machines shall be submitted
in duplicate The bills for only those equipment will be accepted
whose delivery at site has been done by the bidder
10 Insurance
101 It will the responsibility of the contractor that the Goods and
machines supplied under the Contract shall be fully insured by the
contractor in Indian Rupees against loss or damage incidental to
manufacture or acquisition transportation storage and delivery for
complete duration of the contract For delivery of goods at site the
insurance shall be obtained by the Bidder in an amount equal to
110 of the value of the goods from ldquowarehouse to warehouserdquo
(final destinations) on ldquoAll Risksrdquo basis including War risks and
Strikes
11 Transportation
111 Where the Bidder is required under the Contract to transport
the Goods to a specified place of destination within India defined as
Project site the Bidder as shall be specified in the Contract shall
arrange transport to such place of destination in India including
insurance and the related cost shall be included in the Contract Price
12 Incidental Services
121 The Bidder may be required to provide any or all of the
following services including additional services if any specified in
SCC
a performance or supervision of the on-site assembly andor
start-up of the supplied Goods
b furnishing of tools required for assembly andor maintenance
of the supplied Goods
26
c furnishing of detailed operations and maintenance manual for
each appropriate unit of supplied Goods
d performance or supervision or maintenance andor repair of
the supplied Goods for a period of time agreed by the parties
provided that this service shall not relieve the Bidder of any
warranty obligations under this Contract and
e training of the Purchasers personnel at the Bidderrsquos plant
andor on-site in assembly start-up operation maintenance andor
repair of the supplied Goods
f detailed specifications of each equipment in detail to be
provided
g arrangement of required vehicles and implements for loading
amp unloading of Equipment at Facilities and other required infra for
assembling of equipment
122 Prices charged by the Bidder for incidental services if not
included in the Contract Price for the Goods shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates
charged to other parties by the Bidder for similar services
13 Spare Parts
131 As specified in the SCC the contractor shall be required to
provide any or all of the materials and spare parts at no cost to AMC
132 The Bidder shall carry sufficient inventories to assure ex-stock
supply of consumable spares for the Goods such as gaskets plugs
washers belts etc
14 Warranty
141 The Bidder warrants that the Goods supplied under this
Contract are new unused of the most recent or current models and
that they incorporate all recent improvements in design and
materials unless provided otherwise in the Contract The Bidder
further warrants that all Goods supplied under this Contract shall
have no defect arising from design materials or workmanship
(except when the design andor material is required by the
Purchasers Specifications) or from any act or omission of the Bidder
that may develop under normal use of the supplied Goods in the
conditions prevailing in the country of final destination
27
142 This warranty shall remain valid for 12 months after all the
sections of the entire plant have been delivered and successfully
commissioned and desired outputs are achieved as indicated in the
Contract Although section wise commissioning is proposed the
warranty will come into effect only after completion of all the
sections The Bidder shall in addition comply with the performance
andor consumption guarantees specified under the Contract If for
reasons attributable to the Bidder these guarantees are not attained
in whole or in part the Bidder shall at its discretion either
a make such changes modifications andor additions to the
Goods or any part thereof as may be necessary in order to attain the
contractual guarantees specified in the Contract at its own cost and
expense and to carry out further performance tests in accordance
with SCC Clause 2 OR
b pay liquidated damages to the Purchaser with respect to the
failure to meet the contractual guarantees The rate of these
liquidated damages shall be as specified in the Technical
Specifications
143 If the Bidder having been notified fails to remedy the defect(s)
within 15 days the Purchaser may proceed to take such remedial
action as may be necessary at the Bidderrsquos risk and expense and
without prejudice to any other rights which the Purchaser may have
against the Bidder under the Contract
15 Payment
151 The method and conditions of payment to be made to the
Bidder under this Contract shall be specified in the SCC
152 The Bidderrsquos request(s) for payment shall be made to the
Purchaser in writing accompanied by an invoice describing as
appropriate the Goods delivered and the Services performed and by
documents submitted pursuant to GCC Clause 9 and upon fulfillment
of other obligations stipulated in the contract
153 Payments shall be made promptly by the Purchaser but in no
case later than thirty (30) days after submission of the invoice or
claim by the Bidder
28
154 Payment shall be made in Indian Rupees
16 Prices
161 Prices payable to the Bidder as stated in the contract shall be
firm during the performance of the contract
17 Change Orders
171 The Purchaser may at any time by written order given to the
Bidder pursuant to GCC Clause 31 make changes within the general
scope of the Contract in any one or more of the following
a drawings designs or specifications where Goods to be
furnished under the Contract are to be specifically manufactured for
the Purchaser
b the Services to be provided by the Bidder
172 If any such change causes an increase or decrease in the cost of
or the time required for the Bidderrsquos performance of any provisions
under the Contract an equitable adjustment shall be made in the
Contract Price or delivery schedule or both and the Contract shall
accordingly be amended Any claims by the Bidder for adjustment
under this clause must be asserted within thirty (30) days from the
date of the Bidderrsquos receipt of the Purchasers change order
18 Contract Amendments
181 Subject to GCC Clause 17 no variation in or modification of the
terms of the Contract shall be made except by written amendment
signed by the parties
19 Assignment
191 The Bidder shall not assign in whole or in part its obligations
to perform under the Contract except with the Purchasers prior
written consent
20 Subcontracts
201 Any subcontracting work should be done after confirmation of
the same from the AMC
21 Delays in the Bidderrsquos Performance
29
211 Delivery of the Goods and performance of the Services shall be
made by the Bidder in accordance with the time schedule specified
by the Purchaser in the Schedule of Requirements
212 If at any time during performance of the Contract the Bidder or
its sub-contractor(s) should encounter conditions impeding timely
delivery of the Goods and performance of Services the Bidder shall
promptly notify the Purchaser in writing of the fact of the delay its
likely duration and its cause(s) As soon as practicable after receipt of
the Bidderrsquos notice the Purchaser shall evaluate the situation and
may at its discretion extend the Bidderrsquos time for performance with
or without liquidated damages in which case the extension shall be
ratified by the parties by amendment of the Contract
213 Except as provided under GCC Clause 24 a delay by the Bidder
in the performance of its delivery obligations shall render the Bidder
liable to the imposition of liquidated damages pursuant to GCC
Clause 22 unless an extension of time is agreed upon pursuant to
GCC Clause 212 without the application of liquidated damages
22 Liquidated Damages
221 Subject to GCC Clause 24 if the Bidder fails to deliver any or all
of the Goods or to perform the Services within the period(s) specified
in the Contract the Purchaser shall without prejudice to its other
remedies under the Contract deduct from the Contract Price as
liquidated damages a sum equivalent to 2 of the delivered price of
the delayed Goods or unperformed Services for each week or part
thereof of delay until actual delivery or performance up to a
maximum deduction of 10 of the Contract Price Once the
maximum is reached the Purchaser may consider termination of the
Contract pursuant to GCC Clause 23 Liquidated Damages is applicable
only up to commission and trial run period and not applicable to AMC
phase of the Contract
23 Termination for Default
30
231 The Purchaser may without prejudice to any other remedy for
breach of contract by written notice of default sent to the Bidder
terminate the Contract in whole or part
a if the Bidder fails to deliver any or all of the Goods within the
period(s) specified in the Contract or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 21 or
b if the Bidder fails to perform any other obligation(s) under the
Contract
c If the Bidder in the judgement of the Purchaser has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract
For the purpose of this Clause
ldquoCorrupt practicerdquo means the offering giving receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution
ldquofraudulent practicerdquo means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition
232 In the event the Purchaser terminates the Contract in whole or
in part pursuant to GCC Clause 231 the Purchaser may procure
upon such terms and in such manner as it deems appropriate Goods
or Services similar to those undelivered and the Bidder shall be
liable to the Purchaser for any excess costs for such similar Goods or
Services However the Bidder shall continue the performance of the
Contract to the extent not terminated
24 Force Majeure
241 Not with standing the provisions of GCC Clauses 21 22 23 the
Bidder shall not be liable for forfeiture of its performance security
liquidated damages or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
19
practice among Tenderers (prior to or after tender submission)
designed to establish tender prices at artificial non-competitive
levels and to deprive the Government of the benefits of free and open
competition
(b) will reject a proposal for award if it determines that the
Tenderer recommended for award has engaged in corrupt or
fraudulent practices in competing for the contract in question
(c) will declare a firm ineligible either indefinitely or for a stated
period of time to be awarded a Government financed contract if it at
any time determines that the firm has engaged in corrupt or
fraudulent practices in competing for or in executing a Government-
financed contract
322 Furthermore Tenderers shall be aware of the provision stated
in sub-clause 44 and sub-clause 231 of the General Conditions of
Contract
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
SECTION III ndash GENERAL CONDITIONS OF CONTRACT
Clause Number Topic
1 Definitions
2 Application
3 Standards
4 Use of Contract Documents and Information
Inspection and Audit by Government
5 Patent Rights
6 Performance Security
7 Inspection and Tests
8 Packing
9 Delivery and Documents
10 Insurance
11 Transportation
12 Incidental Services
13 Spare Parts
14 Warranty
20
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
21
General Conditions of Contract
1 Definitions
11 In this Contract the following terms shall be interpreted as
indicated
a The Contract means the agreement entered into between the
Purchaser and the Bidder as recorded in the Contract Form signed
by the parties including all the attachments and appendices thereto
and all documents incorporated by reference therein
b The Contract Price means the price payable to the Bidder
under the Contract for the full and proper performance of its
contractual obligations
c The Goods means all the equipment machinery andor other
materials which the Bidder is required to supply to the Purchaser
under the Contract
d Services means services ancillary to the supply of the Goods
such as transportation and insurance and any other incidental
services such as installation commissioning provision of technical
assistance training and other obligations of the Bidder covered
under the Contract
e ldquoGCCrdquo means the General Conditions of Contract contained in
this section
f ldquoSCCrdquo means the Special Conditions of Contract
g ldquoThe Purchaserrdquo means the organization purchasing the Goods
as named in SCC
h ldquoThe Purchaserrsquos countryrdquo is the country named in SCC
i ldquoThe Bidderrdquo means the individual or firm supplying the Goods
and Services under this Contract
j ldquoThe Governmentrdquo means the Government of Maharashtra
State
k ldquoThe Project Siterdquo where applicable means the place or places
named in SCC
l ldquoDayrdquo means calendar day
2 Application
22
21 These General Conditions shall apply to the extent that
provisions in other parts of the Contract do not supersede them
3 Standards
31 The Goods and machines supplied under this Contract shall
conform to the standards mentioned in the Technical Specifications
given in the technical bid of the bidder and when no applicable
standard is mentioned to the authoritative standard appropriate to
the Goods country of origin and such standards shall be the latest
issued by the concerned institution
4 Use of Contract Documents and Information Inspection
and Audit by the Government
41 The Bidder shall not without the Purchasers prior written
consent disclose the Contract or any provision thereof or any
specification plan drawing pattern sample or information furnished
by or on behalf of the Purchaser in connection therewith to any
person other than a person employed by the Bidder in performance
of the Contract Disclosure to any such employed person shall be
made in confidence and shall extend only so far as may be necessary
for purposes of such performance
42 The Bidder shall not without the Purchaserrsquos prior written
consent make use of any document or information enumerated in
GCC Clause 41 except for purposes of performing the contract
43 Any document other than the Contract itself enumerated in
GCC Clause 41 shall remain the property of the Purchaser and shall
be returned (in all copies) to the Purchaser on completion of the
Bidderrsquos performance under the Contract if so required by the
Purchaser
44 The Bidder shall permit the Government to inspect the Bidderrsquos
accounts and records relating to the performance of the Bidder and
to have them audited by auditors appointed by the Government if so
required by the Government
5 Patent Rights
23
51 The Bidder shall indemnify the Purchaser against all third-
party claims of infringement of patent trademark or industrial
design rights arising from use of the Goods or any part thereof in
India
6 Performance Security
61 Within 21 days of receipt of the notification of contract award
the Bidder shall furnish Performance Security to the Purchaser for an
amount of 5 of the Contract Value valid up to 30 days after the date
of completion of Contract
62 The proceeds of the performance security shall be payable to
the Purchaser as compensation for any loss resulting from the
Bidderrsquos failure to complete its obligations under the Contract
63 The Performance Security shall be denominated in Indian
Rupees and shall be in one of the following forms
a) A Bank guarantee issued by a NationalizedScheduled bank in
the form provided in the tender documents or another form
acceptable to the Purchaser or
b) Crossed demand draft or pay order drawn in favor of the
Purchaser or
64 The Performance Security will be discharged by the Purchaser
and returned to the Bidder not later than 60 days following the date
of completion of the Bidderrsquos performance obligations including any
Warranty obligations under the Contract
7 Inspections and Tests
71 The Purchaser or its representative shall have the right to
inspect andor to test the Goods to confirm their conformity to the
Contract specifications at no extra cost to the Contractor
72 The contractor shall conduct third party inspection from any of
the inspection agency approved by Government of India The cost of
the inspection should be paid by the contractor and no
reimbursement shall be made by AMC for the inspection The
inspection shall be done on the basis of the technical bid submitted
by the tenderer or the approved machines and drawings by AMC
24
73 The inspections and tests may be conducted on the premises of
the Bidder or its subcontractor(s) at point of delivery andor at the
Goods final destination If conducted on the premises of the Bidder or
its subcontractor(s) all reasonable facilities and assistance including
access to drawings and production data - shall be furnished to the
inspectors at no charge to the Purchaser
74 Should any inspected or tested Goods fail to conform to the
specifications the Purchaser may reject the goods and the Bidder
shall either replace the rejected Goods or make alterations necessary
to meet specification requirements free of cost to the Purchaser
75 The Purchasers right to inspect test and where necessary
reject the Goods after the Goods arrival at Project Site shall in no
way be limited or waived by reason of the Goods having previously
been inspected tested and passed by the Purchaser or its
representative prior to the Goods shipment
76 Nothing in GCC Clause 7 shall in any way release the Bidder
from any warranty or other obligations under this Contract
77 Manuals and Drawings
771 Before the goods and equipment are taken over by the
Purchaser the Bidder shall supply operation and maintenance
manuals together with drawings of the goods and equipment These
shall be in such detail as will enable the Purchaser to operate
maintain adjust and repair all parts of the equipment as stated in the
specifications
772 The manuals and drawings shall be in the ruling language
(English) and in such form and numbers as stated in the contract
773 Unless and otherwise agreed the goods and equipment shall
not be considered to be completed for the purpose of taking over
until such manuals and drawings have been supplied to the
Purchaser
8 Packing
25
81 The packing of the goods may not be required however the
documents like operational manual and list of equipments shall be
submitted in two copies in booklet form
9 Delivery and Documents
91 Delivery of the Goods shall be made by the Bidder in
accordance with the terms specified by the Purchaser in the
Notification of Award The bills for the machines shall be submitted
in duplicate The bills for only those equipment will be accepted
whose delivery at site has been done by the bidder
10 Insurance
101 It will the responsibility of the contractor that the Goods and
machines supplied under the Contract shall be fully insured by the
contractor in Indian Rupees against loss or damage incidental to
manufacture or acquisition transportation storage and delivery for
complete duration of the contract For delivery of goods at site the
insurance shall be obtained by the Bidder in an amount equal to
110 of the value of the goods from ldquowarehouse to warehouserdquo
(final destinations) on ldquoAll Risksrdquo basis including War risks and
Strikes
11 Transportation
111 Where the Bidder is required under the Contract to transport
the Goods to a specified place of destination within India defined as
Project site the Bidder as shall be specified in the Contract shall
arrange transport to such place of destination in India including
insurance and the related cost shall be included in the Contract Price
12 Incidental Services
121 The Bidder may be required to provide any or all of the
following services including additional services if any specified in
SCC
a performance or supervision of the on-site assembly andor
start-up of the supplied Goods
b furnishing of tools required for assembly andor maintenance
of the supplied Goods
26
c furnishing of detailed operations and maintenance manual for
each appropriate unit of supplied Goods
d performance or supervision or maintenance andor repair of
the supplied Goods for a period of time agreed by the parties
provided that this service shall not relieve the Bidder of any
warranty obligations under this Contract and
e training of the Purchasers personnel at the Bidderrsquos plant
andor on-site in assembly start-up operation maintenance andor
repair of the supplied Goods
f detailed specifications of each equipment in detail to be
provided
g arrangement of required vehicles and implements for loading
amp unloading of Equipment at Facilities and other required infra for
assembling of equipment
122 Prices charged by the Bidder for incidental services if not
included in the Contract Price for the Goods shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates
charged to other parties by the Bidder for similar services
13 Spare Parts
131 As specified in the SCC the contractor shall be required to
provide any or all of the materials and spare parts at no cost to AMC
132 The Bidder shall carry sufficient inventories to assure ex-stock
supply of consumable spares for the Goods such as gaskets plugs
washers belts etc
14 Warranty
141 The Bidder warrants that the Goods supplied under this
Contract are new unused of the most recent or current models and
that they incorporate all recent improvements in design and
materials unless provided otherwise in the Contract The Bidder
further warrants that all Goods supplied under this Contract shall
have no defect arising from design materials or workmanship
(except when the design andor material is required by the
Purchasers Specifications) or from any act or omission of the Bidder
that may develop under normal use of the supplied Goods in the
conditions prevailing in the country of final destination
27
142 This warranty shall remain valid for 12 months after all the
sections of the entire plant have been delivered and successfully
commissioned and desired outputs are achieved as indicated in the
Contract Although section wise commissioning is proposed the
warranty will come into effect only after completion of all the
sections The Bidder shall in addition comply with the performance
andor consumption guarantees specified under the Contract If for
reasons attributable to the Bidder these guarantees are not attained
in whole or in part the Bidder shall at its discretion either
a make such changes modifications andor additions to the
Goods or any part thereof as may be necessary in order to attain the
contractual guarantees specified in the Contract at its own cost and
expense and to carry out further performance tests in accordance
with SCC Clause 2 OR
b pay liquidated damages to the Purchaser with respect to the
failure to meet the contractual guarantees The rate of these
liquidated damages shall be as specified in the Technical
Specifications
143 If the Bidder having been notified fails to remedy the defect(s)
within 15 days the Purchaser may proceed to take such remedial
action as may be necessary at the Bidderrsquos risk and expense and
without prejudice to any other rights which the Purchaser may have
against the Bidder under the Contract
15 Payment
151 The method and conditions of payment to be made to the
Bidder under this Contract shall be specified in the SCC
152 The Bidderrsquos request(s) for payment shall be made to the
Purchaser in writing accompanied by an invoice describing as
appropriate the Goods delivered and the Services performed and by
documents submitted pursuant to GCC Clause 9 and upon fulfillment
of other obligations stipulated in the contract
153 Payments shall be made promptly by the Purchaser but in no
case later than thirty (30) days after submission of the invoice or
claim by the Bidder
28
154 Payment shall be made in Indian Rupees
16 Prices
161 Prices payable to the Bidder as stated in the contract shall be
firm during the performance of the contract
17 Change Orders
171 The Purchaser may at any time by written order given to the
Bidder pursuant to GCC Clause 31 make changes within the general
scope of the Contract in any one or more of the following
a drawings designs or specifications where Goods to be
furnished under the Contract are to be specifically manufactured for
the Purchaser
b the Services to be provided by the Bidder
172 If any such change causes an increase or decrease in the cost of
or the time required for the Bidderrsquos performance of any provisions
under the Contract an equitable adjustment shall be made in the
Contract Price or delivery schedule or both and the Contract shall
accordingly be amended Any claims by the Bidder for adjustment
under this clause must be asserted within thirty (30) days from the
date of the Bidderrsquos receipt of the Purchasers change order
18 Contract Amendments
181 Subject to GCC Clause 17 no variation in or modification of the
terms of the Contract shall be made except by written amendment
signed by the parties
19 Assignment
191 The Bidder shall not assign in whole or in part its obligations
to perform under the Contract except with the Purchasers prior
written consent
20 Subcontracts
201 Any subcontracting work should be done after confirmation of
the same from the AMC
21 Delays in the Bidderrsquos Performance
29
211 Delivery of the Goods and performance of the Services shall be
made by the Bidder in accordance with the time schedule specified
by the Purchaser in the Schedule of Requirements
212 If at any time during performance of the Contract the Bidder or
its sub-contractor(s) should encounter conditions impeding timely
delivery of the Goods and performance of Services the Bidder shall
promptly notify the Purchaser in writing of the fact of the delay its
likely duration and its cause(s) As soon as practicable after receipt of
the Bidderrsquos notice the Purchaser shall evaluate the situation and
may at its discretion extend the Bidderrsquos time for performance with
or without liquidated damages in which case the extension shall be
ratified by the parties by amendment of the Contract
213 Except as provided under GCC Clause 24 a delay by the Bidder
in the performance of its delivery obligations shall render the Bidder
liable to the imposition of liquidated damages pursuant to GCC
Clause 22 unless an extension of time is agreed upon pursuant to
GCC Clause 212 without the application of liquidated damages
22 Liquidated Damages
221 Subject to GCC Clause 24 if the Bidder fails to deliver any or all
of the Goods or to perform the Services within the period(s) specified
in the Contract the Purchaser shall without prejudice to its other
remedies under the Contract deduct from the Contract Price as
liquidated damages a sum equivalent to 2 of the delivered price of
the delayed Goods or unperformed Services for each week or part
thereof of delay until actual delivery or performance up to a
maximum deduction of 10 of the Contract Price Once the
maximum is reached the Purchaser may consider termination of the
Contract pursuant to GCC Clause 23 Liquidated Damages is applicable
only up to commission and trial run period and not applicable to AMC
phase of the Contract
23 Termination for Default
30
231 The Purchaser may without prejudice to any other remedy for
breach of contract by written notice of default sent to the Bidder
terminate the Contract in whole or part
a if the Bidder fails to deliver any or all of the Goods within the
period(s) specified in the Contract or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 21 or
b if the Bidder fails to perform any other obligation(s) under the
Contract
c If the Bidder in the judgement of the Purchaser has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract
For the purpose of this Clause
ldquoCorrupt practicerdquo means the offering giving receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution
ldquofraudulent practicerdquo means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition
232 In the event the Purchaser terminates the Contract in whole or
in part pursuant to GCC Clause 231 the Purchaser may procure
upon such terms and in such manner as it deems appropriate Goods
or Services similar to those undelivered and the Bidder shall be
liable to the Purchaser for any excess costs for such similar Goods or
Services However the Bidder shall continue the performance of the
Contract to the extent not terminated
24 Force Majeure
241 Not with standing the provisions of GCC Clauses 21 22 23 the
Bidder shall not be liable for forfeiture of its performance security
liquidated damages or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
20
15 Payment
16 Prices
17 Change Orders
18 Contract Amendments
19 Assignment
20 Subcontracts
21 Delays in Bidderrsquos Performance
22 Liquidated Damages
23 Termination for Default
24 Force Majeure
25 Termination for Insolvency
26 Termination for Convenience
27 Settlement of Disputes
28 Limitation of Liability
29 Governing Language
30 Applicable Law
31 Notices
32 Taxes and Duties
21
General Conditions of Contract
1 Definitions
11 In this Contract the following terms shall be interpreted as
indicated
a The Contract means the agreement entered into between the
Purchaser and the Bidder as recorded in the Contract Form signed
by the parties including all the attachments and appendices thereto
and all documents incorporated by reference therein
b The Contract Price means the price payable to the Bidder
under the Contract for the full and proper performance of its
contractual obligations
c The Goods means all the equipment machinery andor other
materials which the Bidder is required to supply to the Purchaser
under the Contract
d Services means services ancillary to the supply of the Goods
such as transportation and insurance and any other incidental
services such as installation commissioning provision of technical
assistance training and other obligations of the Bidder covered
under the Contract
e ldquoGCCrdquo means the General Conditions of Contract contained in
this section
f ldquoSCCrdquo means the Special Conditions of Contract
g ldquoThe Purchaserrdquo means the organization purchasing the Goods
as named in SCC
h ldquoThe Purchaserrsquos countryrdquo is the country named in SCC
i ldquoThe Bidderrdquo means the individual or firm supplying the Goods
and Services under this Contract
j ldquoThe Governmentrdquo means the Government of Maharashtra
State
k ldquoThe Project Siterdquo where applicable means the place or places
named in SCC
l ldquoDayrdquo means calendar day
2 Application
22
21 These General Conditions shall apply to the extent that
provisions in other parts of the Contract do not supersede them
3 Standards
31 The Goods and machines supplied under this Contract shall
conform to the standards mentioned in the Technical Specifications
given in the technical bid of the bidder and when no applicable
standard is mentioned to the authoritative standard appropriate to
the Goods country of origin and such standards shall be the latest
issued by the concerned institution
4 Use of Contract Documents and Information Inspection
and Audit by the Government
41 The Bidder shall not without the Purchasers prior written
consent disclose the Contract or any provision thereof or any
specification plan drawing pattern sample or information furnished
by or on behalf of the Purchaser in connection therewith to any
person other than a person employed by the Bidder in performance
of the Contract Disclosure to any such employed person shall be
made in confidence and shall extend only so far as may be necessary
for purposes of such performance
42 The Bidder shall not without the Purchaserrsquos prior written
consent make use of any document or information enumerated in
GCC Clause 41 except for purposes of performing the contract
43 Any document other than the Contract itself enumerated in
GCC Clause 41 shall remain the property of the Purchaser and shall
be returned (in all copies) to the Purchaser on completion of the
Bidderrsquos performance under the Contract if so required by the
Purchaser
44 The Bidder shall permit the Government to inspect the Bidderrsquos
accounts and records relating to the performance of the Bidder and
to have them audited by auditors appointed by the Government if so
required by the Government
5 Patent Rights
23
51 The Bidder shall indemnify the Purchaser against all third-
party claims of infringement of patent trademark or industrial
design rights arising from use of the Goods or any part thereof in
India
6 Performance Security
61 Within 21 days of receipt of the notification of contract award
the Bidder shall furnish Performance Security to the Purchaser for an
amount of 5 of the Contract Value valid up to 30 days after the date
of completion of Contract
62 The proceeds of the performance security shall be payable to
the Purchaser as compensation for any loss resulting from the
Bidderrsquos failure to complete its obligations under the Contract
63 The Performance Security shall be denominated in Indian
Rupees and shall be in one of the following forms
a) A Bank guarantee issued by a NationalizedScheduled bank in
the form provided in the tender documents or another form
acceptable to the Purchaser or
b) Crossed demand draft or pay order drawn in favor of the
Purchaser or
64 The Performance Security will be discharged by the Purchaser
and returned to the Bidder not later than 60 days following the date
of completion of the Bidderrsquos performance obligations including any
Warranty obligations under the Contract
7 Inspections and Tests
71 The Purchaser or its representative shall have the right to
inspect andor to test the Goods to confirm their conformity to the
Contract specifications at no extra cost to the Contractor
72 The contractor shall conduct third party inspection from any of
the inspection agency approved by Government of India The cost of
the inspection should be paid by the contractor and no
reimbursement shall be made by AMC for the inspection The
inspection shall be done on the basis of the technical bid submitted
by the tenderer or the approved machines and drawings by AMC
24
73 The inspections and tests may be conducted on the premises of
the Bidder or its subcontractor(s) at point of delivery andor at the
Goods final destination If conducted on the premises of the Bidder or
its subcontractor(s) all reasonable facilities and assistance including
access to drawings and production data - shall be furnished to the
inspectors at no charge to the Purchaser
74 Should any inspected or tested Goods fail to conform to the
specifications the Purchaser may reject the goods and the Bidder
shall either replace the rejected Goods or make alterations necessary
to meet specification requirements free of cost to the Purchaser
75 The Purchasers right to inspect test and where necessary
reject the Goods after the Goods arrival at Project Site shall in no
way be limited or waived by reason of the Goods having previously
been inspected tested and passed by the Purchaser or its
representative prior to the Goods shipment
76 Nothing in GCC Clause 7 shall in any way release the Bidder
from any warranty or other obligations under this Contract
77 Manuals and Drawings
771 Before the goods and equipment are taken over by the
Purchaser the Bidder shall supply operation and maintenance
manuals together with drawings of the goods and equipment These
shall be in such detail as will enable the Purchaser to operate
maintain adjust and repair all parts of the equipment as stated in the
specifications
772 The manuals and drawings shall be in the ruling language
(English) and in such form and numbers as stated in the contract
773 Unless and otherwise agreed the goods and equipment shall
not be considered to be completed for the purpose of taking over
until such manuals and drawings have been supplied to the
Purchaser
8 Packing
25
81 The packing of the goods may not be required however the
documents like operational manual and list of equipments shall be
submitted in two copies in booklet form
9 Delivery and Documents
91 Delivery of the Goods shall be made by the Bidder in
accordance with the terms specified by the Purchaser in the
Notification of Award The bills for the machines shall be submitted
in duplicate The bills for only those equipment will be accepted
whose delivery at site has been done by the bidder
10 Insurance
101 It will the responsibility of the contractor that the Goods and
machines supplied under the Contract shall be fully insured by the
contractor in Indian Rupees against loss or damage incidental to
manufacture or acquisition transportation storage and delivery for
complete duration of the contract For delivery of goods at site the
insurance shall be obtained by the Bidder in an amount equal to
110 of the value of the goods from ldquowarehouse to warehouserdquo
(final destinations) on ldquoAll Risksrdquo basis including War risks and
Strikes
11 Transportation
111 Where the Bidder is required under the Contract to transport
the Goods to a specified place of destination within India defined as
Project site the Bidder as shall be specified in the Contract shall
arrange transport to such place of destination in India including
insurance and the related cost shall be included in the Contract Price
12 Incidental Services
121 The Bidder may be required to provide any or all of the
following services including additional services if any specified in
SCC
a performance or supervision of the on-site assembly andor
start-up of the supplied Goods
b furnishing of tools required for assembly andor maintenance
of the supplied Goods
26
c furnishing of detailed operations and maintenance manual for
each appropriate unit of supplied Goods
d performance or supervision or maintenance andor repair of
the supplied Goods for a period of time agreed by the parties
provided that this service shall not relieve the Bidder of any
warranty obligations under this Contract and
e training of the Purchasers personnel at the Bidderrsquos plant
andor on-site in assembly start-up operation maintenance andor
repair of the supplied Goods
f detailed specifications of each equipment in detail to be
provided
g arrangement of required vehicles and implements for loading
amp unloading of Equipment at Facilities and other required infra for
assembling of equipment
122 Prices charged by the Bidder for incidental services if not
included in the Contract Price for the Goods shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates
charged to other parties by the Bidder for similar services
13 Spare Parts
131 As specified in the SCC the contractor shall be required to
provide any or all of the materials and spare parts at no cost to AMC
132 The Bidder shall carry sufficient inventories to assure ex-stock
supply of consumable spares for the Goods such as gaskets plugs
washers belts etc
14 Warranty
141 The Bidder warrants that the Goods supplied under this
Contract are new unused of the most recent or current models and
that they incorporate all recent improvements in design and
materials unless provided otherwise in the Contract The Bidder
further warrants that all Goods supplied under this Contract shall
have no defect arising from design materials or workmanship
(except when the design andor material is required by the
Purchasers Specifications) or from any act or omission of the Bidder
that may develop under normal use of the supplied Goods in the
conditions prevailing in the country of final destination
27
142 This warranty shall remain valid for 12 months after all the
sections of the entire plant have been delivered and successfully
commissioned and desired outputs are achieved as indicated in the
Contract Although section wise commissioning is proposed the
warranty will come into effect only after completion of all the
sections The Bidder shall in addition comply with the performance
andor consumption guarantees specified under the Contract If for
reasons attributable to the Bidder these guarantees are not attained
in whole or in part the Bidder shall at its discretion either
a make such changes modifications andor additions to the
Goods or any part thereof as may be necessary in order to attain the
contractual guarantees specified in the Contract at its own cost and
expense and to carry out further performance tests in accordance
with SCC Clause 2 OR
b pay liquidated damages to the Purchaser with respect to the
failure to meet the contractual guarantees The rate of these
liquidated damages shall be as specified in the Technical
Specifications
143 If the Bidder having been notified fails to remedy the defect(s)
within 15 days the Purchaser may proceed to take such remedial
action as may be necessary at the Bidderrsquos risk and expense and
without prejudice to any other rights which the Purchaser may have
against the Bidder under the Contract
15 Payment
151 The method and conditions of payment to be made to the
Bidder under this Contract shall be specified in the SCC
152 The Bidderrsquos request(s) for payment shall be made to the
Purchaser in writing accompanied by an invoice describing as
appropriate the Goods delivered and the Services performed and by
documents submitted pursuant to GCC Clause 9 and upon fulfillment
of other obligations stipulated in the contract
153 Payments shall be made promptly by the Purchaser but in no
case later than thirty (30) days after submission of the invoice or
claim by the Bidder
28
154 Payment shall be made in Indian Rupees
16 Prices
161 Prices payable to the Bidder as stated in the contract shall be
firm during the performance of the contract
17 Change Orders
171 The Purchaser may at any time by written order given to the
Bidder pursuant to GCC Clause 31 make changes within the general
scope of the Contract in any one or more of the following
a drawings designs or specifications where Goods to be
furnished under the Contract are to be specifically manufactured for
the Purchaser
b the Services to be provided by the Bidder
172 If any such change causes an increase or decrease in the cost of
or the time required for the Bidderrsquos performance of any provisions
under the Contract an equitable adjustment shall be made in the
Contract Price or delivery schedule or both and the Contract shall
accordingly be amended Any claims by the Bidder for adjustment
under this clause must be asserted within thirty (30) days from the
date of the Bidderrsquos receipt of the Purchasers change order
18 Contract Amendments
181 Subject to GCC Clause 17 no variation in or modification of the
terms of the Contract shall be made except by written amendment
signed by the parties
19 Assignment
191 The Bidder shall not assign in whole or in part its obligations
to perform under the Contract except with the Purchasers prior
written consent
20 Subcontracts
201 Any subcontracting work should be done after confirmation of
the same from the AMC
21 Delays in the Bidderrsquos Performance
29
211 Delivery of the Goods and performance of the Services shall be
made by the Bidder in accordance with the time schedule specified
by the Purchaser in the Schedule of Requirements
212 If at any time during performance of the Contract the Bidder or
its sub-contractor(s) should encounter conditions impeding timely
delivery of the Goods and performance of Services the Bidder shall
promptly notify the Purchaser in writing of the fact of the delay its
likely duration and its cause(s) As soon as practicable after receipt of
the Bidderrsquos notice the Purchaser shall evaluate the situation and
may at its discretion extend the Bidderrsquos time for performance with
or without liquidated damages in which case the extension shall be
ratified by the parties by amendment of the Contract
213 Except as provided under GCC Clause 24 a delay by the Bidder
in the performance of its delivery obligations shall render the Bidder
liable to the imposition of liquidated damages pursuant to GCC
Clause 22 unless an extension of time is agreed upon pursuant to
GCC Clause 212 without the application of liquidated damages
22 Liquidated Damages
221 Subject to GCC Clause 24 if the Bidder fails to deliver any or all
of the Goods or to perform the Services within the period(s) specified
in the Contract the Purchaser shall without prejudice to its other
remedies under the Contract deduct from the Contract Price as
liquidated damages a sum equivalent to 2 of the delivered price of
the delayed Goods or unperformed Services for each week or part
thereof of delay until actual delivery or performance up to a
maximum deduction of 10 of the Contract Price Once the
maximum is reached the Purchaser may consider termination of the
Contract pursuant to GCC Clause 23 Liquidated Damages is applicable
only up to commission and trial run period and not applicable to AMC
phase of the Contract
23 Termination for Default
30
231 The Purchaser may without prejudice to any other remedy for
breach of contract by written notice of default sent to the Bidder
terminate the Contract in whole or part
a if the Bidder fails to deliver any or all of the Goods within the
period(s) specified in the Contract or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 21 or
b if the Bidder fails to perform any other obligation(s) under the
Contract
c If the Bidder in the judgement of the Purchaser has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract
For the purpose of this Clause
ldquoCorrupt practicerdquo means the offering giving receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution
ldquofraudulent practicerdquo means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition
232 In the event the Purchaser terminates the Contract in whole or
in part pursuant to GCC Clause 231 the Purchaser may procure
upon such terms and in such manner as it deems appropriate Goods
or Services similar to those undelivered and the Bidder shall be
liable to the Purchaser for any excess costs for such similar Goods or
Services However the Bidder shall continue the performance of the
Contract to the extent not terminated
24 Force Majeure
241 Not with standing the provisions of GCC Clauses 21 22 23 the
Bidder shall not be liable for forfeiture of its performance security
liquidated damages or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
21
General Conditions of Contract
1 Definitions
11 In this Contract the following terms shall be interpreted as
indicated
a The Contract means the agreement entered into between the
Purchaser and the Bidder as recorded in the Contract Form signed
by the parties including all the attachments and appendices thereto
and all documents incorporated by reference therein
b The Contract Price means the price payable to the Bidder
under the Contract for the full and proper performance of its
contractual obligations
c The Goods means all the equipment machinery andor other
materials which the Bidder is required to supply to the Purchaser
under the Contract
d Services means services ancillary to the supply of the Goods
such as transportation and insurance and any other incidental
services such as installation commissioning provision of technical
assistance training and other obligations of the Bidder covered
under the Contract
e ldquoGCCrdquo means the General Conditions of Contract contained in
this section
f ldquoSCCrdquo means the Special Conditions of Contract
g ldquoThe Purchaserrdquo means the organization purchasing the Goods
as named in SCC
h ldquoThe Purchaserrsquos countryrdquo is the country named in SCC
i ldquoThe Bidderrdquo means the individual or firm supplying the Goods
and Services under this Contract
j ldquoThe Governmentrdquo means the Government of Maharashtra
State
k ldquoThe Project Siterdquo where applicable means the place or places
named in SCC
l ldquoDayrdquo means calendar day
2 Application
22
21 These General Conditions shall apply to the extent that
provisions in other parts of the Contract do not supersede them
3 Standards
31 The Goods and machines supplied under this Contract shall
conform to the standards mentioned in the Technical Specifications
given in the technical bid of the bidder and when no applicable
standard is mentioned to the authoritative standard appropriate to
the Goods country of origin and such standards shall be the latest
issued by the concerned institution
4 Use of Contract Documents and Information Inspection
and Audit by the Government
41 The Bidder shall not without the Purchasers prior written
consent disclose the Contract or any provision thereof or any
specification plan drawing pattern sample or information furnished
by or on behalf of the Purchaser in connection therewith to any
person other than a person employed by the Bidder in performance
of the Contract Disclosure to any such employed person shall be
made in confidence and shall extend only so far as may be necessary
for purposes of such performance
42 The Bidder shall not without the Purchaserrsquos prior written
consent make use of any document or information enumerated in
GCC Clause 41 except for purposes of performing the contract
43 Any document other than the Contract itself enumerated in
GCC Clause 41 shall remain the property of the Purchaser and shall
be returned (in all copies) to the Purchaser on completion of the
Bidderrsquos performance under the Contract if so required by the
Purchaser
44 The Bidder shall permit the Government to inspect the Bidderrsquos
accounts and records relating to the performance of the Bidder and
to have them audited by auditors appointed by the Government if so
required by the Government
5 Patent Rights
23
51 The Bidder shall indemnify the Purchaser against all third-
party claims of infringement of patent trademark or industrial
design rights arising from use of the Goods or any part thereof in
India
6 Performance Security
61 Within 21 days of receipt of the notification of contract award
the Bidder shall furnish Performance Security to the Purchaser for an
amount of 5 of the Contract Value valid up to 30 days after the date
of completion of Contract
62 The proceeds of the performance security shall be payable to
the Purchaser as compensation for any loss resulting from the
Bidderrsquos failure to complete its obligations under the Contract
63 The Performance Security shall be denominated in Indian
Rupees and shall be in one of the following forms
a) A Bank guarantee issued by a NationalizedScheduled bank in
the form provided in the tender documents or another form
acceptable to the Purchaser or
b) Crossed demand draft or pay order drawn in favor of the
Purchaser or
64 The Performance Security will be discharged by the Purchaser
and returned to the Bidder not later than 60 days following the date
of completion of the Bidderrsquos performance obligations including any
Warranty obligations under the Contract
7 Inspections and Tests
71 The Purchaser or its representative shall have the right to
inspect andor to test the Goods to confirm their conformity to the
Contract specifications at no extra cost to the Contractor
72 The contractor shall conduct third party inspection from any of
the inspection agency approved by Government of India The cost of
the inspection should be paid by the contractor and no
reimbursement shall be made by AMC for the inspection The
inspection shall be done on the basis of the technical bid submitted
by the tenderer or the approved machines and drawings by AMC
24
73 The inspections and tests may be conducted on the premises of
the Bidder or its subcontractor(s) at point of delivery andor at the
Goods final destination If conducted on the premises of the Bidder or
its subcontractor(s) all reasonable facilities and assistance including
access to drawings and production data - shall be furnished to the
inspectors at no charge to the Purchaser
74 Should any inspected or tested Goods fail to conform to the
specifications the Purchaser may reject the goods and the Bidder
shall either replace the rejected Goods or make alterations necessary
to meet specification requirements free of cost to the Purchaser
75 The Purchasers right to inspect test and where necessary
reject the Goods after the Goods arrival at Project Site shall in no
way be limited or waived by reason of the Goods having previously
been inspected tested and passed by the Purchaser or its
representative prior to the Goods shipment
76 Nothing in GCC Clause 7 shall in any way release the Bidder
from any warranty or other obligations under this Contract
77 Manuals and Drawings
771 Before the goods and equipment are taken over by the
Purchaser the Bidder shall supply operation and maintenance
manuals together with drawings of the goods and equipment These
shall be in such detail as will enable the Purchaser to operate
maintain adjust and repair all parts of the equipment as stated in the
specifications
772 The manuals and drawings shall be in the ruling language
(English) and in such form and numbers as stated in the contract
773 Unless and otherwise agreed the goods and equipment shall
not be considered to be completed for the purpose of taking over
until such manuals and drawings have been supplied to the
Purchaser
8 Packing
25
81 The packing of the goods may not be required however the
documents like operational manual and list of equipments shall be
submitted in two copies in booklet form
9 Delivery and Documents
91 Delivery of the Goods shall be made by the Bidder in
accordance with the terms specified by the Purchaser in the
Notification of Award The bills for the machines shall be submitted
in duplicate The bills for only those equipment will be accepted
whose delivery at site has been done by the bidder
10 Insurance
101 It will the responsibility of the contractor that the Goods and
machines supplied under the Contract shall be fully insured by the
contractor in Indian Rupees against loss or damage incidental to
manufacture or acquisition transportation storage and delivery for
complete duration of the contract For delivery of goods at site the
insurance shall be obtained by the Bidder in an amount equal to
110 of the value of the goods from ldquowarehouse to warehouserdquo
(final destinations) on ldquoAll Risksrdquo basis including War risks and
Strikes
11 Transportation
111 Where the Bidder is required under the Contract to transport
the Goods to a specified place of destination within India defined as
Project site the Bidder as shall be specified in the Contract shall
arrange transport to such place of destination in India including
insurance and the related cost shall be included in the Contract Price
12 Incidental Services
121 The Bidder may be required to provide any or all of the
following services including additional services if any specified in
SCC
a performance or supervision of the on-site assembly andor
start-up of the supplied Goods
b furnishing of tools required for assembly andor maintenance
of the supplied Goods
26
c furnishing of detailed operations and maintenance manual for
each appropriate unit of supplied Goods
d performance or supervision or maintenance andor repair of
the supplied Goods for a period of time agreed by the parties
provided that this service shall not relieve the Bidder of any
warranty obligations under this Contract and
e training of the Purchasers personnel at the Bidderrsquos plant
andor on-site in assembly start-up operation maintenance andor
repair of the supplied Goods
f detailed specifications of each equipment in detail to be
provided
g arrangement of required vehicles and implements for loading
amp unloading of Equipment at Facilities and other required infra for
assembling of equipment
122 Prices charged by the Bidder for incidental services if not
included in the Contract Price for the Goods shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates
charged to other parties by the Bidder for similar services
13 Spare Parts
131 As specified in the SCC the contractor shall be required to
provide any or all of the materials and spare parts at no cost to AMC
132 The Bidder shall carry sufficient inventories to assure ex-stock
supply of consumable spares for the Goods such as gaskets plugs
washers belts etc
14 Warranty
141 The Bidder warrants that the Goods supplied under this
Contract are new unused of the most recent or current models and
that they incorporate all recent improvements in design and
materials unless provided otherwise in the Contract The Bidder
further warrants that all Goods supplied under this Contract shall
have no defect arising from design materials or workmanship
(except when the design andor material is required by the
Purchasers Specifications) or from any act or omission of the Bidder
that may develop under normal use of the supplied Goods in the
conditions prevailing in the country of final destination
27
142 This warranty shall remain valid for 12 months after all the
sections of the entire plant have been delivered and successfully
commissioned and desired outputs are achieved as indicated in the
Contract Although section wise commissioning is proposed the
warranty will come into effect only after completion of all the
sections The Bidder shall in addition comply with the performance
andor consumption guarantees specified under the Contract If for
reasons attributable to the Bidder these guarantees are not attained
in whole or in part the Bidder shall at its discretion either
a make such changes modifications andor additions to the
Goods or any part thereof as may be necessary in order to attain the
contractual guarantees specified in the Contract at its own cost and
expense and to carry out further performance tests in accordance
with SCC Clause 2 OR
b pay liquidated damages to the Purchaser with respect to the
failure to meet the contractual guarantees The rate of these
liquidated damages shall be as specified in the Technical
Specifications
143 If the Bidder having been notified fails to remedy the defect(s)
within 15 days the Purchaser may proceed to take such remedial
action as may be necessary at the Bidderrsquos risk and expense and
without prejudice to any other rights which the Purchaser may have
against the Bidder under the Contract
15 Payment
151 The method and conditions of payment to be made to the
Bidder under this Contract shall be specified in the SCC
152 The Bidderrsquos request(s) for payment shall be made to the
Purchaser in writing accompanied by an invoice describing as
appropriate the Goods delivered and the Services performed and by
documents submitted pursuant to GCC Clause 9 and upon fulfillment
of other obligations stipulated in the contract
153 Payments shall be made promptly by the Purchaser but in no
case later than thirty (30) days after submission of the invoice or
claim by the Bidder
28
154 Payment shall be made in Indian Rupees
16 Prices
161 Prices payable to the Bidder as stated in the contract shall be
firm during the performance of the contract
17 Change Orders
171 The Purchaser may at any time by written order given to the
Bidder pursuant to GCC Clause 31 make changes within the general
scope of the Contract in any one or more of the following
a drawings designs or specifications where Goods to be
furnished under the Contract are to be specifically manufactured for
the Purchaser
b the Services to be provided by the Bidder
172 If any such change causes an increase or decrease in the cost of
or the time required for the Bidderrsquos performance of any provisions
under the Contract an equitable adjustment shall be made in the
Contract Price or delivery schedule or both and the Contract shall
accordingly be amended Any claims by the Bidder for adjustment
under this clause must be asserted within thirty (30) days from the
date of the Bidderrsquos receipt of the Purchasers change order
18 Contract Amendments
181 Subject to GCC Clause 17 no variation in or modification of the
terms of the Contract shall be made except by written amendment
signed by the parties
19 Assignment
191 The Bidder shall not assign in whole or in part its obligations
to perform under the Contract except with the Purchasers prior
written consent
20 Subcontracts
201 Any subcontracting work should be done after confirmation of
the same from the AMC
21 Delays in the Bidderrsquos Performance
29
211 Delivery of the Goods and performance of the Services shall be
made by the Bidder in accordance with the time schedule specified
by the Purchaser in the Schedule of Requirements
212 If at any time during performance of the Contract the Bidder or
its sub-contractor(s) should encounter conditions impeding timely
delivery of the Goods and performance of Services the Bidder shall
promptly notify the Purchaser in writing of the fact of the delay its
likely duration and its cause(s) As soon as practicable after receipt of
the Bidderrsquos notice the Purchaser shall evaluate the situation and
may at its discretion extend the Bidderrsquos time for performance with
or without liquidated damages in which case the extension shall be
ratified by the parties by amendment of the Contract
213 Except as provided under GCC Clause 24 a delay by the Bidder
in the performance of its delivery obligations shall render the Bidder
liable to the imposition of liquidated damages pursuant to GCC
Clause 22 unless an extension of time is agreed upon pursuant to
GCC Clause 212 without the application of liquidated damages
22 Liquidated Damages
221 Subject to GCC Clause 24 if the Bidder fails to deliver any or all
of the Goods or to perform the Services within the period(s) specified
in the Contract the Purchaser shall without prejudice to its other
remedies under the Contract deduct from the Contract Price as
liquidated damages a sum equivalent to 2 of the delivered price of
the delayed Goods or unperformed Services for each week or part
thereof of delay until actual delivery or performance up to a
maximum deduction of 10 of the Contract Price Once the
maximum is reached the Purchaser may consider termination of the
Contract pursuant to GCC Clause 23 Liquidated Damages is applicable
only up to commission and trial run period and not applicable to AMC
phase of the Contract
23 Termination for Default
30
231 The Purchaser may without prejudice to any other remedy for
breach of contract by written notice of default sent to the Bidder
terminate the Contract in whole or part
a if the Bidder fails to deliver any or all of the Goods within the
period(s) specified in the Contract or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 21 or
b if the Bidder fails to perform any other obligation(s) under the
Contract
c If the Bidder in the judgement of the Purchaser has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract
For the purpose of this Clause
ldquoCorrupt practicerdquo means the offering giving receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution
ldquofraudulent practicerdquo means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition
232 In the event the Purchaser terminates the Contract in whole or
in part pursuant to GCC Clause 231 the Purchaser may procure
upon such terms and in such manner as it deems appropriate Goods
or Services similar to those undelivered and the Bidder shall be
liable to the Purchaser for any excess costs for such similar Goods or
Services However the Bidder shall continue the performance of the
Contract to the extent not terminated
24 Force Majeure
241 Not with standing the provisions of GCC Clauses 21 22 23 the
Bidder shall not be liable for forfeiture of its performance security
liquidated damages or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
22
21 These General Conditions shall apply to the extent that
provisions in other parts of the Contract do not supersede them
3 Standards
31 The Goods and machines supplied under this Contract shall
conform to the standards mentioned in the Technical Specifications
given in the technical bid of the bidder and when no applicable
standard is mentioned to the authoritative standard appropriate to
the Goods country of origin and such standards shall be the latest
issued by the concerned institution
4 Use of Contract Documents and Information Inspection
and Audit by the Government
41 The Bidder shall not without the Purchasers prior written
consent disclose the Contract or any provision thereof or any
specification plan drawing pattern sample or information furnished
by or on behalf of the Purchaser in connection therewith to any
person other than a person employed by the Bidder in performance
of the Contract Disclosure to any such employed person shall be
made in confidence and shall extend only so far as may be necessary
for purposes of such performance
42 The Bidder shall not without the Purchaserrsquos prior written
consent make use of any document or information enumerated in
GCC Clause 41 except for purposes of performing the contract
43 Any document other than the Contract itself enumerated in
GCC Clause 41 shall remain the property of the Purchaser and shall
be returned (in all copies) to the Purchaser on completion of the
Bidderrsquos performance under the Contract if so required by the
Purchaser
44 The Bidder shall permit the Government to inspect the Bidderrsquos
accounts and records relating to the performance of the Bidder and
to have them audited by auditors appointed by the Government if so
required by the Government
5 Patent Rights
23
51 The Bidder shall indemnify the Purchaser against all third-
party claims of infringement of patent trademark or industrial
design rights arising from use of the Goods or any part thereof in
India
6 Performance Security
61 Within 21 days of receipt of the notification of contract award
the Bidder shall furnish Performance Security to the Purchaser for an
amount of 5 of the Contract Value valid up to 30 days after the date
of completion of Contract
62 The proceeds of the performance security shall be payable to
the Purchaser as compensation for any loss resulting from the
Bidderrsquos failure to complete its obligations under the Contract
63 The Performance Security shall be denominated in Indian
Rupees and shall be in one of the following forms
a) A Bank guarantee issued by a NationalizedScheduled bank in
the form provided in the tender documents or another form
acceptable to the Purchaser or
b) Crossed demand draft or pay order drawn in favor of the
Purchaser or
64 The Performance Security will be discharged by the Purchaser
and returned to the Bidder not later than 60 days following the date
of completion of the Bidderrsquos performance obligations including any
Warranty obligations under the Contract
7 Inspections and Tests
71 The Purchaser or its representative shall have the right to
inspect andor to test the Goods to confirm their conformity to the
Contract specifications at no extra cost to the Contractor
72 The contractor shall conduct third party inspection from any of
the inspection agency approved by Government of India The cost of
the inspection should be paid by the contractor and no
reimbursement shall be made by AMC for the inspection The
inspection shall be done on the basis of the technical bid submitted
by the tenderer or the approved machines and drawings by AMC
24
73 The inspections and tests may be conducted on the premises of
the Bidder or its subcontractor(s) at point of delivery andor at the
Goods final destination If conducted on the premises of the Bidder or
its subcontractor(s) all reasonable facilities and assistance including
access to drawings and production data - shall be furnished to the
inspectors at no charge to the Purchaser
74 Should any inspected or tested Goods fail to conform to the
specifications the Purchaser may reject the goods and the Bidder
shall either replace the rejected Goods or make alterations necessary
to meet specification requirements free of cost to the Purchaser
75 The Purchasers right to inspect test and where necessary
reject the Goods after the Goods arrival at Project Site shall in no
way be limited or waived by reason of the Goods having previously
been inspected tested and passed by the Purchaser or its
representative prior to the Goods shipment
76 Nothing in GCC Clause 7 shall in any way release the Bidder
from any warranty or other obligations under this Contract
77 Manuals and Drawings
771 Before the goods and equipment are taken over by the
Purchaser the Bidder shall supply operation and maintenance
manuals together with drawings of the goods and equipment These
shall be in such detail as will enable the Purchaser to operate
maintain adjust and repair all parts of the equipment as stated in the
specifications
772 The manuals and drawings shall be in the ruling language
(English) and in such form and numbers as stated in the contract
773 Unless and otherwise agreed the goods and equipment shall
not be considered to be completed for the purpose of taking over
until such manuals and drawings have been supplied to the
Purchaser
8 Packing
25
81 The packing of the goods may not be required however the
documents like operational manual and list of equipments shall be
submitted in two copies in booklet form
9 Delivery and Documents
91 Delivery of the Goods shall be made by the Bidder in
accordance with the terms specified by the Purchaser in the
Notification of Award The bills for the machines shall be submitted
in duplicate The bills for only those equipment will be accepted
whose delivery at site has been done by the bidder
10 Insurance
101 It will the responsibility of the contractor that the Goods and
machines supplied under the Contract shall be fully insured by the
contractor in Indian Rupees against loss or damage incidental to
manufacture or acquisition transportation storage and delivery for
complete duration of the contract For delivery of goods at site the
insurance shall be obtained by the Bidder in an amount equal to
110 of the value of the goods from ldquowarehouse to warehouserdquo
(final destinations) on ldquoAll Risksrdquo basis including War risks and
Strikes
11 Transportation
111 Where the Bidder is required under the Contract to transport
the Goods to a specified place of destination within India defined as
Project site the Bidder as shall be specified in the Contract shall
arrange transport to such place of destination in India including
insurance and the related cost shall be included in the Contract Price
12 Incidental Services
121 The Bidder may be required to provide any or all of the
following services including additional services if any specified in
SCC
a performance or supervision of the on-site assembly andor
start-up of the supplied Goods
b furnishing of tools required for assembly andor maintenance
of the supplied Goods
26
c furnishing of detailed operations and maintenance manual for
each appropriate unit of supplied Goods
d performance or supervision or maintenance andor repair of
the supplied Goods for a period of time agreed by the parties
provided that this service shall not relieve the Bidder of any
warranty obligations under this Contract and
e training of the Purchasers personnel at the Bidderrsquos plant
andor on-site in assembly start-up operation maintenance andor
repair of the supplied Goods
f detailed specifications of each equipment in detail to be
provided
g arrangement of required vehicles and implements for loading
amp unloading of Equipment at Facilities and other required infra for
assembling of equipment
122 Prices charged by the Bidder for incidental services if not
included in the Contract Price for the Goods shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates
charged to other parties by the Bidder for similar services
13 Spare Parts
131 As specified in the SCC the contractor shall be required to
provide any or all of the materials and spare parts at no cost to AMC
132 The Bidder shall carry sufficient inventories to assure ex-stock
supply of consumable spares for the Goods such as gaskets plugs
washers belts etc
14 Warranty
141 The Bidder warrants that the Goods supplied under this
Contract are new unused of the most recent or current models and
that they incorporate all recent improvements in design and
materials unless provided otherwise in the Contract The Bidder
further warrants that all Goods supplied under this Contract shall
have no defect arising from design materials or workmanship
(except when the design andor material is required by the
Purchasers Specifications) or from any act or omission of the Bidder
that may develop under normal use of the supplied Goods in the
conditions prevailing in the country of final destination
27
142 This warranty shall remain valid for 12 months after all the
sections of the entire plant have been delivered and successfully
commissioned and desired outputs are achieved as indicated in the
Contract Although section wise commissioning is proposed the
warranty will come into effect only after completion of all the
sections The Bidder shall in addition comply with the performance
andor consumption guarantees specified under the Contract If for
reasons attributable to the Bidder these guarantees are not attained
in whole or in part the Bidder shall at its discretion either
a make such changes modifications andor additions to the
Goods or any part thereof as may be necessary in order to attain the
contractual guarantees specified in the Contract at its own cost and
expense and to carry out further performance tests in accordance
with SCC Clause 2 OR
b pay liquidated damages to the Purchaser with respect to the
failure to meet the contractual guarantees The rate of these
liquidated damages shall be as specified in the Technical
Specifications
143 If the Bidder having been notified fails to remedy the defect(s)
within 15 days the Purchaser may proceed to take such remedial
action as may be necessary at the Bidderrsquos risk and expense and
without prejudice to any other rights which the Purchaser may have
against the Bidder under the Contract
15 Payment
151 The method and conditions of payment to be made to the
Bidder under this Contract shall be specified in the SCC
152 The Bidderrsquos request(s) for payment shall be made to the
Purchaser in writing accompanied by an invoice describing as
appropriate the Goods delivered and the Services performed and by
documents submitted pursuant to GCC Clause 9 and upon fulfillment
of other obligations stipulated in the contract
153 Payments shall be made promptly by the Purchaser but in no
case later than thirty (30) days after submission of the invoice or
claim by the Bidder
28
154 Payment shall be made in Indian Rupees
16 Prices
161 Prices payable to the Bidder as stated in the contract shall be
firm during the performance of the contract
17 Change Orders
171 The Purchaser may at any time by written order given to the
Bidder pursuant to GCC Clause 31 make changes within the general
scope of the Contract in any one or more of the following
a drawings designs or specifications where Goods to be
furnished under the Contract are to be specifically manufactured for
the Purchaser
b the Services to be provided by the Bidder
172 If any such change causes an increase or decrease in the cost of
or the time required for the Bidderrsquos performance of any provisions
under the Contract an equitable adjustment shall be made in the
Contract Price or delivery schedule or both and the Contract shall
accordingly be amended Any claims by the Bidder for adjustment
under this clause must be asserted within thirty (30) days from the
date of the Bidderrsquos receipt of the Purchasers change order
18 Contract Amendments
181 Subject to GCC Clause 17 no variation in or modification of the
terms of the Contract shall be made except by written amendment
signed by the parties
19 Assignment
191 The Bidder shall not assign in whole or in part its obligations
to perform under the Contract except with the Purchasers prior
written consent
20 Subcontracts
201 Any subcontracting work should be done after confirmation of
the same from the AMC
21 Delays in the Bidderrsquos Performance
29
211 Delivery of the Goods and performance of the Services shall be
made by the Bidder in accordance with the time schedule specified
by the Purchaser in the Schedule of Requirements
212 If at any time during performance of the Contract the Bidder or
its sub-contractor(s) should encounter conditions impeding timely
delivery of the Goods and performance of Services the Bidder shall
promptly notify the Purchaser in writing of the fact of the delay its
likely duration and its cause(s) As soon as practicable after receipt of
the Bidderrsquos notice the Purchaser shall evaluate the situation and
may at its discretion extend the Bidderrsquos time for performance with
or without liquidated damages in which case the extension shall be
ratified by the parties by amendment of the Contract
213 Except as provided under GCC Clause 24 a delay by the Bidder
in the performance of its delivery obligations shall render the Bidder
liable to the imposition of liquidated damages pursuant to GCC
Clause 22 unless an extension of time is agreed upon pursuant to
GCC Clause 212 without the application of liquidated damages
22 Liquidated Damages
221 Subject to GCC Clause 24 if the Bidder fails to deliver any or all
of the Goods or to perform the Services within the period(s) specified
in the Contract the Purchaser shall without prejudice to its other
remedies under the Contract deduct from the Contract Price as
liquidated damages a sum equivalent to 2 of the delivered price of
the delayed Goods or unperformed Services for each week or part
thereof of delay until actual delivery or performance up to a
maximum deduction of 10 of the Contract Price Once the
maximum is reached the Purchaser may consider termination of the
Contract pursuant to GCC Clause 23 Liquidated Damages is applicable
only up to commission and trial run period and not applicable to AMC
phase of the Contract
23 Termination for Default
30
231 The Purchaser may without prejudice to any other remedy for
breach of contract by written notice of default sent to the Bidder
terminate the Contract in whole or part
a if the Bidder fails to deliver any or all of the Goods within the
period(s) specified in the Contract or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 21 or
b if the Bidder fails to perform any other obligation(s) under the
Contract
c If the Bidder in the judgement of the Purchaser has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract
For the purpose of this Clause
ldquoCorrupt practicerdquo means the offering giving receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution
ldquofraudulent practicerdquo means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition
232 In the event the Purchaser terminates the Contract in whole or
in part pursuant to GCC Clause 231 the Purchaser may procure
upon such terms and in such manner as it deems appropriate Goods
or Services similar to those undelivered and the Bidder shall be
liable to the Purchaser for any excess costs for such similar Goods or
Services However the Bidder shall continue the performance of the
Contract to the extent not terminated
24 Force Majeure
241 Not with standing the provisions of GCC Clauses 21 22 23 the
Bidder shall not be liable for forfeiture of its performance security
liquidated damages or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
23
51 The Bidder shall indemnify the Purchaser against all third-
party claims of infringement of patent trademark or industrial
design rights arising from use of the Goods or any part thereof in
India
6 Performance Security
61 Within 21 days of receipt of the notification of contract award
the Bidder shall furnish Performance Security to the Purchaser for an
amount of 5 of the Contract Value valid up to 30 days after the date
of completion of Contract
62 The proceeds of the performance security shall be payable to
the Purchaser as compensation for any loss resulting from the
Bidderrsquos failure to complete its obligations under the Contract
63 The Performance Security shall be denominated in Indian
Rupees and shall be in one of the following forms
a) A Bank guarantee issued by a NationalizedScheduled bank in
the form provided in the tender documents or another form
acceptable to the Purchaser or
b) Crossed demand draft or pay order drawn in favor of the
Purchaser or
64 The Performance Security will be discharged by the Purchaser
and returned to the Bidder not later than 60 days following the date
of completion of the Bidderrsquos performance obligations including any
Warranty obligations under the Contract
7 Inspections and Tests
71 The Purchaser or its representative shall have the right to
inspect andor to test the Goods to confirm their conformity to the
Contract specifications at no extra cost to the Contractor
72 The contractor shall conduct third party inspection from any of
the inspection agency approved by Government of India The cost of
the inspection should be paid by the contractor and no
reimbursement shall be made by AMC for the inspection The
inspection shall be done on the basis of the technical bid submitted
by the tenderer or the approved machines and drawings by AMC
24
73 The inspections and tests may be conducted on the premises of
the Bidder or its subcontractor(s) at point of delivery andor at the
Goods final destination If conducted on the premises of the Bidder or
its subcontractor(s) all reasonable facilities and assistance including
access to drawings and production data - shall be furnished to the
inspectors at no charge to the Purchaser
74 Should any inspected or tested Goods fail to conform to the
specifications the Purchaser may reject the goods and the Bidder
shall either replace the rejected Goods or make alterations necessary
to meet specification requirements free of cost to the Purchaser
75 The Purchasers right to inspect test and where necessary
reject the Goods after the Goods arrival at Project Site shall in no
way be limited or waived by reason of the Goods having previously
been inspected tested and passed by the Purchaser or its
representative prior to the Goods shipment
76 Nothing in GCC Clause 7 shall in any way release the Bidder
from any warranty or other obligations under this Contract
77 Manuals and Drawings
771 Before the goods and equipment are taken over by the
Purchaser the Bidder shall supply operation and maintenance
manuals together with drawings of the goods and equipment These
shall be in such detail as will enable the Purchaser to operate
maintain adjust and repair all parts of the equipment as stated in the
specifications
772 The manuals and drawings shall be in the ruling language
(English) and in such form and numbers as stated in the contract
773 Unless and otherwise agreed the goods and equipment shall
not be considered to be completed for the purpose of taking over
until such manuals and drawings have been supplied to the
Purchaser
8 Packing
25
81 The packing of the goods may not be required however the
documents like operational manual and list of equipments shall be
submitted in two copies in booklet form
9 Delivery and Documents
91 Delivery of the Goods shall be made by the Bidder in
accordance with the terms specified by the Purchaser in the
Notification of Award The bills for the machines shall be submitted
in duplicate The bills for only those equipment will be accepted
whose delivery at site has been done by the bidder
10 Insurance
101 It will the responsibility of the contractor that the Goods and
machines supplied under the Contract shall be fully insured by the
contractor in Indian Rupees against loss or damage incidental to
manufacture or acquisition transportation storage and delivery for
complete duration of the contract For delivery of goods at site the
insurance shall be obtained by the Bidder in an amount equal to
110 of the value of the goods from ldquowarehouse to warehouserdquo
(final destinations) on ldquoAll Risksrdquo basis including War risks and
Strikes
11 Transportation
111 Where the Bidder is required under the Contract to transport
the Goods to a specified place of destination within India defined as
Project site the Bidder as shall be specified in the Contract shall
arrange transport to such place of destination in India including
insurance and the related cost shall be included in the Contract Price
12 Incidental Services
121 The Bidder may be required to provide any or all of the
following services including additional services if any specified in
SCC
a performance or supervision of the on-site assembly andor
start-up of the supplied Goods
b furnishing of tools required for assembly andor maintenance
of the supplied Goods
26
c furnishing of detailed operations and maintenance manual for
each appropriate unit of supplied Goods
d performance or supervision or maintenance andor repair of
the supplied Goods for a period of time agreed by the parties
provided that this service shall not relieve the Bidder of any
warranty obligations under this Contract and
e training of the Purchasers personnel at the Bidderrsquos plant
andor on-site in assembly start-up operation maintenance andor
repair of the supplied Goods
f detailed specifications of each equipment in detail to be
provided
g arrangement of required vehicles and implements for loading
amp unloading of Equipment at Facilities and other required infra for
assembling of equipment
122 Prices charged by the Bidder for incidental services if not
included in the Contract Price for the Goods shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates
charged to other parties by the Bidder for similar services
13 Spare Parts
131 As specified in the SCC the contractor shall be required to
provide any or all of the materials and spare parts at no cost to AMC
132 The Bidder shall carry sufficient inventories to assure ex-stock
supply of consumable spares for the Goods such as gaskets plugs
washers belts etc
14 Warranty
141 The Bidder warrants that the Goods supplied under this
Contract are new unused of the most recent or current models and
that they incorporate all recent improvements in design and
materials unless provided otherwise in the Contract The Bidder
further warrants that all Goods supplied under this Contract shall
have no defect arising from design materials or workmanship
(except when the design andor material is required by the
Purchasers Specifications) or from any act or omission of the Bidder
that may develop under normal use of the supplied Goods in the
conditions prevailing in the country of final destination
27
142 This warranty shall remain valid for 12 months after all the
sections of the entire plant have been delivered and successfully
commissioned and desired outputs are achieved as indicated in the
Contract Although section wise commissioning is proposed the
warranty will come into effect only after completion of all the
sections The Bidder shall in addition comply with the performance
andor consumption guarantees specified under the Contract If for
reasons attributable to the Bidder these guarantees are not attained
in whole or in part the Bidder shall at its discretion either
a make such changes modifications andor additions to the
Goods or any part thereof as may be necessary in order to attain the
contractual guarantees specified in the Contract at its own cost and
expense and to carry out further performance tests in accordance
with SCC Clause 2 OR
b pay liquidated damages to the Purchaser with respect to the
failure to meet the contractual guarantees The rate of these
liquidated damages shall be as specified in the Technical
Specifications
143 If the Bidder having been notified fails to remedy the defect(s)
within 15 days the Purchaser may proceed to take such remedial
action as may be necessary at the Bidderrsquos risk and expense and
without prejudice to any other rights which the Purchaser may have
against the Bidder under the Contract
15 Payment
151 The method and conditions of payment to be made to the
Bidder under this Contract shall be specified in the SCC
152 The Bidderrsquos request(s) for payment shall be made to the
Purchaser in writing accompanied by an invoice describing as
appropriate the Goods delivered and the Services performed and by
documents submitted pursuant to GCC Clause 9 and upon fulfillment
of other obligations stipulated in the contract
153 Payments shall be made promptly by the Purchaser but in no
case later than thirty (30) days after submission of the invoice or
claim by the Bidder
28
154 Payment shall be made in Indian Rupees
16 Prices
161 Prices payable to the Bidder as stated in the contract shall be
firm during the performance of the contract
17 Change Orders
171 The Purchaser may at any time by written order given to the
Bidder pursuant to GCC Clause 31 make changes within the general
scope of the Contract in any one or more of the following
a drawings designs or specifications where Goods to be
furnished under the Contract are to be specifically manufactured for
the Purchaser
b the Services to be provided by the Bidder
172 If any such change causes an increase or decrease in the cost of
or the time required for the Bidderrsquos performance of any provisions
under the Contract an equitable adjustment shall be made in the
Contract Price or delivery schedule or both and the Contract shall
accordingly be amended Any claims by the Bidder for adjustment
under this clause must be asserted within thirty (30) days from the
date of the Bidderrsquos receipt of the Purchasers change order
18 Contract Amendments
181 Subject to GCC Clause 17 no variation in or modification of the
terms of the Contract shall be made except by written amendment
signed by the parties
19 Assignment
191 The Bidder shall not assign in whole or in part its obligations
to perform under the Contract except with the Purchasers prior
written consent
20 Subcontracts
201 Any subcontracting work should be done after confirmation of
the same from the AMC
21 Delays in the Bidderrsquos Performance
29
211 Delivery of the Goods and performance of the Services shall be
made by the Bidder in accordance with the time schedule specified
by the Purchaser in the Schedule of Requirements
212 If at any time during performance of the Contract the Bidder or
its sub-contractor(s) should encounter conditions impeding timely
delivery of the Goods and performance of Services the Bidder shall
promptly notify the Purchaser in writing of the fact of the delay its
likely duration and its cause(s) As soon as practicable after receipt of
the Bidderrsquos notice the Purchaser shall evaluate the situation and
may at its discretion extend the Bidderrsquos time for performance with
or without liquidated damages in which case the extension shall be
ratified by the parties by amendment of the Contract
213 Except as provided under GCC Clause 24 a delay by the Bidder
in the performance of its delivery obligations shall render the Bidder
liable to the imposition of liquidated damages pursuant to GCC
Clause 22 unless an extension of time is agreed upon pursuant to
GCC Clause 212 without the application of liquidated damages
22 Liquidated Damages
221 Subject to GCC Clause 24 if the Bidder fails to deliver any or all
of the Goods or to perform the Services within the period(s) specified
in the Contract the Purchaser shall without prejudice to its other
remedies under the Contract deduct from the Contract Price as
liquidated damages a sum equivalent to 2 of the delivered price of
the delayed Goods or unperformed Services for each week or part
thereof of delay until actual delivery or performance up to a
maximum deduction of 10 of the Contract Price Once the
maximum is reached the Purchaser may consider termination of the
Contract pursuant to GCC Clause 23 Liquidated Damages is applicable
only up to commission and trial run period and not applicable to AMC
phase of the Contract
23 Termination for Default
30
231 The Purchaser may without prejudice to any other remedy for
breach of contract by written notice of default sent to the Bidder
terminate the Contract in whole or part
a if the Bidder fails to deliver any or all of the Goods within the
period(s) specified in the Contract or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 21 or
b if the Bidder fails to perform any other obligation(s) under the
Contract
c If the Bidder in the judgement of the Purchaser has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract
For the purpose of this Clause
ldquoCorrupt practicerdquo means the offering giving receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution
ldquofraudulent practicerdquo means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition
232 In the event the Purchaser terminates the Contract in whole or
in part pursuant to GCC Clause 231 the Purchaser may procure
upon such terms and in such manner as it deems appropriate Goods
or Services similar to those undelivered and the Bidder shall be
liable to the Purchaser for any excess costs for such similar Goods or
Services However the Bidder shall continue the performance of the
Contract to the extent not terminated
24 Force Majeure
241 Not with standing the provisions of GCC Clauses 21 22 23 the
Bidder shall not be liable for forfeiture of its performance security
liquidated damages or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
24
73 The inspections and tests may be conducted on the premises of
the Bidder or its subcontractor(s) at point of delivery andor at the
Goods final destination If conducted on the premises of the Bidder or
its subcontractor(s) all reasonable facilities and assistance including
access to drawings and production data - shall be furnished to the
inspectors at no charge to the Purchaser
74 Should any inspected or tested Goods fail to conform to the
specifications the Purchaser may reject the goods and the Bidder
shall either replace the rejected Goods or make alterations necessary
to meet specification requirements free of cost to the Purchaser
75 The Purchasers right to inspect test and where necessary
reject the Goods after the Goods arrival at Project Site shall in no
way be limited or waived by reason of the Goods having previously
been inspected tested and passed by the Purchaser or its
representative prior to the Goods shipment
76 Nothing in GCC Clause 7 shall in any way release the Bidder
from any warranty or other obligations under this Contract
77 Manuals and Drawings
771 Before the goods and equipment are taken over by the
Purchaser the Bidder shall supply operation and maintenance
manuals together with drawings of the goods and equipment These
shall be in such detail as will enable the Purchaser to operate
maintain adjust and repair all parts of the equipment as stated in the
specifications
772 The manuals and drawings shall be in the ruling language
(English) and in such form and numbers as stated in the contract
773 Unless and otherwise agreed the goods and equipment shall
not be considered to be completed for the purpose of taking over
until such manuals and drawings have been supplied to the
Purchaser
8 Packing
25
81 The packing of the goods may not be required however the
documents like operational manual and list of equipments shall be
submitted in two copies in booklet form
9 Delivery and Documents
91 Delivery of the Goods shall be made by the Bidder in
accordance with the terms specified by the Purchaser in the
Notification of Award The bills for the machines shall be submitted
in duplicate The bills for only those equipment will be accepted
whose delivery at site has been done by the bidder
10 Insurance
101 It will the responsibility of the contractor that the Goods and
machines supplied under the Contract shall be fully insured by the
contractor in Indian Rupees against loss or damage incidental to
manufacture or acquisition transportation storage and delivery for
complete duration of the contract For delivery of goods at site the
insurance shall be obtained by the Bidder in an amount equal to
110 of the value of the goods from ldquowarehouse to warehouserdquo
(final destinations) on ldquoAll Risksrdquo basis including War risks and
Strikes
11 Transportation
111 Where the Bidder is required under the Contract to transport
the Goods to a specified place of destination within India defined as
Project site the Bidder as shall be specified in the Contract shall
arrange transport to such place of destination in India including
insurance and the related cost shall be included in the Contract Price
12 Incidental Services
121 The Bidder may be required to provide any or all of the
following services including additional services if any specified in
SCC
a performance or supervision of the on-site assembly andor
start-up of the supplied Goods
b furnishing of tools required for assembly andor maintenance
of the supplied Goods
26
c furnishing of detailed operations and maintenance manual for
each appropriate unit of supplied Goods
d performance or supervision or maintenance andor repair of
the supplied Goods for a period of time agreed by the parties
provided that this service shall not relieve the Bidder of any
warranty obligations under this Contract and
e training of the Purchasers personnel at the Bidderrsquos plant
andor on-site in assembly start-up operation maintenance andor
repair of the supplied Goods
f detailed specifications of each equipment in detail to be
provided
g arrangement of required vehicles and implements for loading
amp unloading of Equipment at Facilities and other required infra for
assembling of equipment
122 Prices charged by the Bidder for incidental services if not
included in the Contract Price for the Goods shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates
charged to other parties by the Bidder for similar services
13 Spare Parts
131 As specified in the SCC the contractor shall be required to
provide any or all of the materials and spare parts at no cost to AMC
132 The Bidder shall carry sufficient inventories to assure ex-stock
supply of consumable spares for the Goods such as gaskets plugs
washers belts etc
14 Warranty
141 The Bidder warrants that the Goods supplied under this
Contract are new unused of the most recent or current models and
that they incorporate all recent improvements in design and
materials unless provided otherwise in the Contract The Bidder
further warrants that all Goods supplied under this Contract shall
have no defect arising from design materials or workmanship
(except when the design andor material is required by the
Purchasers Specifications) or from any act or omission of the Bidder
that may develop under normal use of the supplied Goods in the
conditions prevailing in the country of final destination
27
142 This warranty shall remain valid for 12 months after all the
sections of the entire plant have been delivered and successfully
commissioned and desired outputs are achieved as indicated in the
Contract Although section wise commissioning is proposed the
warranty will come into effect only after completion of all the
sections The Bidder shall in addition comply with the performance
andor consumption guarantees specified under the Contract If for
reasons attributable to the Bidder these guarantees are not attained
in whole or in part the Bidder shall at its discretion either
a make such changes modifications andor additions to the
Goods or any part thereof as may be necessary in order to attain the
contractual guarantees specified in the Contract at its own cost and
expense and to carry out further performance tests in accordance
with SCC Clause 2 OR
b pay liquidated damages to the Purchaser with respect to the
failure to meet the contractual guarantees The rate of these
liquidated damages shall be as specified in the Technical
Specifications
143 If the Bidder having been notified fails to remedy the defect(s)
within 15 days the Purchaser may proceed to take such remedial
action as may be necessary at the Bidderrsquos risk and expense and
without prejudice to any other rights which the Purchaser may have
against the Bidder under the Contract
15 Payment
151 The method and conditions of payment to be made to the
Bidder under this Contract shall be specified in the SCC
152 The Bidderrsquos request(s) for payment shall be made to the
Purchaser in writing accompanied by an invoice describing as
appropriate the Goods delivered and the Services performed and by
documents submitted pursuant to GCC Clause 9 and upon fulfillment
of other obligations stipulated in the contract
153 Payments shall be made promptly by the Purchaser but in no
case later than thirty (30) days after submission of the invoice or
claim by the Bidder
28
154 Payment shall be made in Indian Rupees
16 Prices
161 Prices payable to the Bidder as stated in the contract shall be
firm during the performance of the contract
17 Change Orders
171 The Purchaser may at any time by written order given to the
Bidder pursuant to GCC Clause 31 make changes within the general
scope of the Contract in any one or more of the following
a drawings designs or specifications where Goods to be
furnished under the Contract are to be specifically manufactured for
the Purchaser
b the Services to be provided by the Bidder
172 If any such change causes an increase or decrease in the cost of
or the time required for the Bidderrsquos performance of any provisions
under the Contract an equitable adjustment shall be made in the
Contract Price or delivery schedule or both and the Contract shall
accordingly be amended Any claims by the Bidder for adjustment
under this clause must be asserted within thirty (30) days from the
date of the Bidderrsquos receipt of the Purchasers change order
18 Contract Amendments
181 Subject to GCC Clause 17 no variation in or modification of the
terms of the Contract shall be made except by written amendment
signed by the parties
19 Assignment
191 The Bidder shall not assign in whole or in part its obligations
to perform under the Contract except with the Purchasers prior
written consent
20 Subcontracts
201 Any subcontracting work should be done after confirmation of
the same from the AMC
21 Delays in the Bidderrsquos Performance
29
211 Delivery of the Goods and performance of the Services shall be
made by the Bidder in accordance with the time schedule specified
by the Purchaser in the Schedule of Requirements
212 If at any time during performance of the Contract the Bidder or
its sub-contractor(s) should encounter conditions impeding timely
delivery of the Goods and performance of Services the Bidder shall
promptly notify the Purchaser in writing of the fact of the delay its
likely duration and its cause(s) As soon as practicable after receipt of
the Bidderrsquos notice the Purchaser shall evaluate the situation and
may at its discretion extend the Bidderrsquos time for performance with
or without liquidated damages in which case the extension shall be
ratified by the parties by amendment of the Contract
213 Except as provided under GCC Clause 24 a delay by the Bidder
in the performance of its delivery obligations shall render the Bidder
liable to the imposition of liquidated damages pursuant to GCC
Clause 22 unless an extension of time is agreed upon pursuant to
GCC Clause 212 without the application of liquidated damages
22 Liquidated Damages
221 Subject to GCC Clause 24 if the Bidder fails to deliver any or all
of the Goods or to perform the Services within the period(s) specified
in the Contract the Purchaser shall without prejudice to its other
remedies under the Contract deduct from the Contract Price as
liquidated damages a sum equivalent to 2 of the delivered price of
the delayed Goods or unperformed Services for each week or part
thereof of delay until actual delivery or performance up to a
maximum deduction of 10 of the Contract Price Once the
maximum is reached the Purchaser may consider termination of the
Contract pursuant to GCC Clause 23 Liquidated Damages is applicable
only up to commission and trial run period and not applicable to AMC
phase of the Contract
23 Termination for Default
30
231 The Purchaser may without prejudice to any other remedy for
breach of contract by written notice of default sent to the Bidder
terminate the Contract in whole or part
a if the Bidder fails to deliver any or all of the Goods within the
period(s) specified in the Contract or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 21 or
b if the Bidder fails to perform any other obligation(s) under the
Contract
c If the Bidder in the judgement of the Purchaser has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract
For the purpose of this Clause
ldquoCorrupt practicerdquo means the offering giving receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution
ldquofraudulent practicerdquo means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition
232 In the event the Purchaser terminates the Contract in whole or
in part pursuant to GCC Clause 231 the Purchaser may procure
upon such terms and in such manner as it deems appropriate Goods
or Services similar to those undelivered and the Bidder shall be
liable to the Purchaser for any excess costs for such similar Goods or
Services However the Bidder shall continue the performance of the
Contract to the extent not terminated
24 Force Majeure
241 Not with standing the provisions of GCC Clauses 21 22 23 the
Bidder shall not be liable for forfeiture of its performance security
liquidated damages or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
25
81 The packing of the goods may not be required however the
documents like operational manual and list of equipments shall be
submitted in two copies in booklet form
9 Delivery and Documents
91 Delivery of the Goods shall be made by the Bidder in
accordance with the terms specified by the Purchaser in the
Notification of Award The bills for the machines shall be submitted
in duplicate The bills for only those equipment will be accepted
whose delivery at site has been done by the bidder
10 Insurance
101 It will the responsibility of the contractor that the Goods and
machines supplied under the Contract shall be fully insured by the
contractor in Indian Rupees against loss or damage incidental to
manufacture or acquisition transportation storage and delivery for
complete duration of the contract For delivery of goods at site the
insurance shall be obtained by the Bidder in an amount equal to
110 of the value of the goods from ldquowarehouse to warehouserdquo
(final destinations) on ldquoAll Risksrdquo basis including War risks and
Strikes
11 Transportation
111 Where the Bidder is required under the Contract to transport
the Goods to a specified place of destination within India defined as
Project site the Bidder as shall be specified in the Contract shall
arrange transport to such place of destination in India including
insurance and the related cost shall be included in the Contract Price
12 Incidental Services
121 The Bidder may be required to provide any or all of the
following services including additional services if any specified in
SCC
a performance or supervision of the on-site assembly andor
start-up of the supplied Goods
b furnishing of tools required for assembly andor maintenance
of the supplied Goods
26
c furnishing of detailed operations and maintenance manual for
each appropriate unit of supplied Goods
d performance or supervision or maintenance andor repair of
the supplied Goods for a period of time agreed by the parties
provided that this service shall not relieve the Bidder of any
warranty obligations under this Contract and
e training of the Purchasers personnel at the Bidderrsquos plant
andor on-site in assembly start-up operation maintenance andor
repair of the supplied Goods
f detailed specifications of each equipment in detail to be
provided
g arrangement of required vehicles and implements for loading
amp unloading of Equipment at Facilities and other required infra for
assembling of equipment
122 Prices charged by the Bidder for incidental services if not
included in the Contract Price for the Goods shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates
charged to other parties by the Bidder for similar services
13 Spare Parts
131 As specified in the SCC the contractor shall be required to
provide any or all of the materials and spare parts at no cost to AMC
132 The Bidder shall carry sufficient inventories to assure ex-stock
supply of consumable spares for the Goods such as gaskets plugs
washers belts etc
14 Warranty
141 The Bidder warrants that the Goods supplied under this
Contract are new unused of the most recent or current models and
that they incorporate all recent improvements in design and
materials unless provided otherwise in the Contract The Bidder
further warrants that all Goods supplied under this Contract shall
have no defect arising from design materials or workmanship
(except when the design andor material is required by the
Purchasers Specifications) or from any act or omission of the Bidder
that may develop under normal use of the supplied Goods in the
conditions prevailing in the country of final destination
27
142 This warranty shall remain valid for 12 months after all the
sections of the entire plant have been delivered and successfully
commissioned and desired outputs are achieved as indicated in the
Contract Although section wise commissioning is proposed the
warranty will come into effect only after completion of all the
sections The Bidder shall in addition comply with the performance
andor consumption guarantees specified under the Contract If for
reasons attributable to the Bidder these guarantees are not attained
in whole or in part the Bidder shall at its discretion either
a make such changes modifications andor additions to the
Goods or any part thereof as may be necessary in order to attain the
contractual guarantees specified in the Contract at its own cost and
expense and to carry out further performance tests in accordance
with SCC Clause 2 OR
b pay liquidated damages to the Purchaser with respect to the
failure to meet the contractual guarantees The rate of these
liquidated damages shall be as specified in the Technical
Specifications
143 If the Bidder having been notified fails to remedy the defect(s)
within 15 days the Purchaser may proceed to take such remedial
action as may be necessary at the Bidderrsquos risk and expense and
without prejudice to any other rights which the Purchaser may have
against the Bidder under the Contract
15 Payment
151 The method and conditions of payment to be made to the
Bidder under this Contract shall be specified in the SCC
152 The Bidderrsquos request(s) for payment shall be made to the
Purchaser in writing accompanied by an invoice describing as
appropriate the Goods delivered and the Services performed and by
documents submitted pursuant to GCC Clause 9 and upon fulfillment
of other obligations stipulated in the contract
153 Payments shall be made promptly by the Purchaser but in no
case later than thirty (30) days after submission of the invoice or
claim by the Bidder
28
154 Payment shall be made in Indian Rupees
16 Prices
161 Prices payable to the Bidder as stated in the contract shall be
firm during the performance of the contract
17 Change Orders
171 The Purchaser may at any time by written order given to the
Bidder pursuant to GCC Clause 31 make changes within the general
scope of the Contract in any one or more of the following
a drawings designs or specifications where Goods to be
furnished under the Contract are to be specifically manufactured for
the Purchaser
b the Services to be provided by the Bidder
172 If any such change causes an increase or decrease in the cost of
or the time required for the Bidderrsquos performance of any provisions
under the Contract an equitable adjustment shall be made in the
Contract Price or delivery schedule or both and the Contract shall
accordingly be amended Any claims by the Bidder for adjustment
under this clause must be asserted within thirty (30) days from the
date of the Bidderrsquos receipt of the Purchasers change order
18 Contract Amendments
181 Subject to GCC Clause 17 no variation in or modification of the
terms of the Contract shall be made except by written amendment
signed by the parties
19 Assignment
191 The Bidder shall not assign in whole or in part its obligations
to perform under the Contract except with the Purchasers prior
written consent
20 Subcontracts
201 Any subcontracting work should be done after confirmation of
the same from the AMC
21 Delays in the Bidderrsquos Performance
29
211 Delivery of the Goods and performance of the Services shall be
made by the Bidder in accordance with the time schedule specified
by the Purchaser in the Schedule of Requirements
212 If at any time during performance of the Contract the Bidder or
its sub-contractor(s) should encounter conditions impeding timely
delivery of the Goods and performance of Services the Bidder shall
promptly notify the Purchaser in writing of the fact of the delay its
likely duration and its cause(s) As soon as practicable after receipt of
the Bidderrsquos notice the Purchaser shall evaluate the situation and
may at its discretion extend the Bidderrsquos time for performance with
or without liquidated damages in which case the extension shall be
ratified by the parties by amendment of the Contract
213 Except as provided under GCC Clause 24 a delay by the Bidder
in the performance of its delivery obligations shall render the Bidder
liable to the imposition of liquidated damages pursuant to GCC
Clause 22 unless an extension of time is agreed upon pursuant to
GCC Clause 212 without the application of liquidated damages
22 Liquidated Damages
221 Subject to GCC Clause 24 if the Bidder fails to deliver any or all
of the Goods or to perform the Services within the period(s) specified
in the Contract the Purchaser shall without prejudice to its other
remedies under the Contract deduct from the Contract Price as
liquidated damages a sum equivalent to 2 of the delivered price of
the delayed Goods or unperformed Services for each week or part
thereof of delay until actual delivery or performance up to a
maximum deduction of 10 of the Contract Price Once the
maximum is reached the Purchaser may consider termination of the
Contract pursuant to GCC Clause 23 Liquidated Damages is applicable
only up to commission and trial run period and not applicable to AMC
phase of the Contract
23 Termination for Default
30
231 The Purchaser may without prejudice to any other remedy for
breach of contract by written notice of default sent to the Bidder
terminate the Contract in whole or part
a if the Bidder fails to deliver any or all of the Goods within the
period(s) specified in the Contract or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 21 or
b if the Bidder fails to perform any other obligation(s) under the
Contract
c If the Bidder in the judgement of the Purchaser has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract
For the purpose of this Clause
ldquoCorrupt practicerdquo means the offering giving receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution
ldquofraudulent practicerdquo means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition
232 In the event the Purchaser terminates the Contract in whole or
in part pursuant to GCC Clause 231 the Purchaser may procure
upon such terms and in such manner as it deems appropriate Goods
or Services similar to those undelivered and the Bidder shall be
liable to the Purchaser for any excess costs for such similar Goods or
Services However the Bidder shall continue the performance of the
Contract to the extent not terminated
24 Force Majeure
241 Not with standing the provisions of GCC Clauses 21 22 23 the
Bidder shall not be liable for forfeiture of its performance security
liquidated damages or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
26
c furnishing of detailed operations and maintenance manual for
each appropriate unit of supplied Goods
d performance or supervision or maintenance andor repair of
the supplied Goods for a period of time agreed by the parties
provided that this service shall not relieve the Bidder of any
warranty obligations under this Contract and
e training of the Purchasers personnel at the Bidderrsquos plant
andor on-site in assembly start-up operation maintenance andor
repair of the supplied Goods
f detailed specifications of each equipment in detail to be
provided
g arrangement of required vehicles and implements for loading
amp unloading of Equipment at Facilities and other required infra for
assembling of equipment
122 Prices charged by the Bidder for incidental services if not
included in the Contract Price for the Goods shall be agreed upon in
advance by the parties and shall not exceed the prevailing rates
charged to other parties by the Bidder for similar services
13 Spare Parts
131 As specified in the SCC the contractor shall be required to
provide any or all of the materials and spare parts at no cost to AMC
132 The Bidder shall carry sufficient inventories to assure ex-stock
supply of consumable spares for the Goods such as gaskets plugs
washers belts etc
14 Warranty
141 The Bidder warrants that the Goods supplied under this
Contract are new unused of the most recent or current models and
that they incorporate all recent improvements in design and
materials unless provided otherwise in the Contract The Bidder
further warrants that all Goods supplied under this Contract shall
have no defect arising from design materials or workmanship
(except when the design andor material is required by the
Purchasers Specifications) or from any act or omission of the Bidder
that may develop under normal use of the supplied Goods in the
conditions prevailing in the country of final destination
27
142 This warranty shall remain valid for 12 months after all the
sections of the entire plant have been delivered and successfully
commissioned and desired outputs are achieved as indicated in the
Contract Although section wise commissioning is proposed the
warranty will come into effect only after completion of all the
sections The Bidder shall in addition comply with the performance
andor consumption guarantees specified under the Contract If for
reasons attributable to the Bidder these guarantees are not attained
in whole or in part the Bidder shall at its discretion either
a make such changes modifications andor additions to the
Goods or any part thereof as may be necessary in order to attain the
contractual guarantees specified in the Contract at its own cost and
expense and to carry out further performance tests in accordance
with SCC Clause 2 OR
b pay liquidated damages to the Purchaser with respect to the
failure to meet the contractual guarantees The rate of these
liquidated damages shall be as specified in the Technical
Specifications
143 If the Bidder having been notified fails to remedy the defect(s)
within 15 days the Purchaser may proceed to take such remedial
action as may be necessary at the Bidderrsquos risk and expense and
without prejudice to any other rights which the Purchaser may have
against the Bidder under the Contract
15 Payment
151 The method and conditions of payment to be made to the
Bidder under this Contract shall be specified in the SCC
152 The Bidderrsquos request(s) for payment shall be made to the
Purchaser in writing accompanied by an invoice describing as
appropriate the Goods delivered and the Services performed and by
documents submitted pursuant to GCC Clause 9 and upon fulfillment
of other obligations stipulated in the contract
153 Payments shall be made promptly by the Purchaser but in no
case later than thirty (30) days after submission of the invoice or
claim by the Bidder
28
154 Payment shall be made in Indian Rupees
16 Prices
161 Prices payable to the Bidder as stated in the contract shall be
firm during the performance of the contract
17 Change Orders
171 The Purchaser may at any time by written order given to the
Bidder pursuant to GCC Clause 31 make changes within the general
scope of the Contract in any one or more of the following
a drawings designs or specifications where Goods to be
furnished under the Contract are to be specifically manufactured for
the Purchaser
b the Services to be provided by the Bidder
172 If any such change causes an increase or decrease in the cost of
or the time required for the Bidderrsquos performance of any provisions
under the Contract an equitable adjustment shall be made in the
Contract Price or delivery schedule or both and the Contract shall
accordingly be amended Any claims by the Bidder for adjustment
under this clause must be asserted within thirty (30) days from the
date of the Bidderrsquos receipt of the Purchasers change order
18 Contract Amendments
181 Subject to GCC Clause 17 no variation in or modification of the
terms of the Contract shall be made except by written amendment
signed by the parties
19 Assignment
191 The Bidder shall not assign in whole or in part its obligations
to perform under the Contract except with the Purchasers prior
written consent
20 Subcontracts
201 Any subcontracting work should be done after confirmation of
the same from the AMC
21 Delays in the Bidderrsquos Performance
29
211 Delivery of the Goods and performance of the Services shall be
made by the Bidder in accordance with the time schedule specified
by the Purchaser in the Schedule of Requirements
212 If at any time during performance of the Contract the Bidder or
its sub-contractor(s) should encounter conditions impeding timely
delivery of the Goods and performance of Services the Bidder shall
promptly notify the Purchaser in writing of the fact of the delay its
likely duration and its cause(s) As soon as practicable after receipt of
the Bidderrsquos notice the Purchaser shall evaluate the situation and
may at its discretion extend the Bidderrsquos time for performance with
or without liquidated damages in which case the extension shall be
ratified by the parties by amendment of the Contract
213 Except as provided under GCC Clause 24 a delay by the Bidder
in the performance of its delivery obligations shall render the Bidder
liable to the imposition of liquidated damages pursuant to GCC
Clause 22 unless an extension of time is agreed upon pursuant to
GCC Clause 212 without the application of liquidated damages
22 Liquidated Damages
221 Subject to GCC Clause 24 if the Bidder fails to deliver any or all
of the Goods or to perform the Services within the period(s) specified
in the Contract the Purchaser shall without prejudice to its other
remedies under the Contract deduct from the Contract Price as
liquidated damages a sum equivalent to 2 of the delivered price of
the delayed Goods or unperformed Services for each week or part
thereof of delay until actual delivery or performance up to a
maximum deduction of 10 of the Contract Price Once the
maximum is reached the Purchaser may consider termination of the
Contract pursuant to GCC Clause 23 Liquidated Damages is applicable
only up to commission and trial run period and not applicable to AMC
phase of the Contract
23 Termination for Default
30
231 The Purchaser may without prejudice to any other remedy for
breach of contract by written notice of default sent to the Bidder
terminate the Contract in whole or part
a if the Bidder fails to deliver any or all of the Goods within the
period(s) specified in the Contract or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 21 or
b if the Bidder fails to perform any other obligation(s) under the
Contract
c If the Bidder in the judgement of the Purchaser has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract
For the purpose of this Clause
ldquoCorrupt practicerdquo means the offering giving receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution
ldquofraudulent practicerdquo means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition
232 In the event the Purchaser terminates the Contract in whole or
in part pursuant to GCC Clause 231 the Purchaser may procure
upon such terms and in such manner as it deems appropriate Goods
or Services similar to those undelivered and the Bidder shall be
liable to the Purchaser for any excess costs for such similar Goods or
Services However the Bidder shall continue the performance of the
Contract to the extent not terminated
24 Force Majeure
241 Not with standing the provisions of GCC Clauses 21 22 23 the
Bidder shall not be liable for forfeiture of its performance security
liquidated damages or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
27
142 This warranty shall remain valid for 12 months after all the
sections of the entire plant have been delivered and successfully
commissioned and desired outputs are achieved as indicated in the
Contract Although section wise commissioning is proposed the
warranty will come into effect only after completion of all the
sections The Bidder shall in addition comply with the performance
andor consumption guarantees specified under the Contract If for
reasons attributable to the Bidder these guarantees are not attained
in whole or in part the Bidder shall at its discretion either
a make such changes modifications andor additions to the
Goods or any part thereof as may be necessary in order to attain the
contractual guarantees specified in the Contract at its own cost and
expense and to carry out further performance tests in accordance
with SCC Clause 2 OR
b pay liquidated damages to the Purchaser with respect to the
failure to meet the contractual guarantees The rate of these
liquidated damages shall be as specified in the Technical
Specifications
143 If the Bidder having been notified fails to remedy the defect(s)
within 15 days the Purchaser may proceed to take such remedial
action as may be necessary at the Bidderrsquos risk and expense and
without prejudice to any other rights which the Purchaser may have
against the Bidder under the Contract
15 Payment
151 The method and conditions of payment to be made to the
Bidder under this Contract shall be specified in the SCC
152 The Bidderrsquos request(s) for payment shall be made to the
Purchaser in writing accompanied by an invoice describing as
appropriate the Goods delivered and the Services performed and by
documents submitted pursuant to GCC Clause 9 and upon fulfillment
of other obligations stipulated in the contract
153 Payments shall be made promptly by the Purchaser but in no
case later than thirty (30) days after submission of the invoice or
claim by the Bidder
28
154 Payment shall be made in Indian Rupees
16 Prices
161 Prices payable to the Bidder as stated in the contract shall be
firm during the performance of the contract
17 Change Orders
171 The Purchaser may at any time by written order given to the
Bidder pursuant to GCC Clause 31 make changes within the general
scope of the Contract in any one or more of the following
a drawings designs or specifications where Goods to be
furnished under the Contract are to be specifically manufactured for
the Purchaser
b the Services to be provided by the Bidder
172 If any such change causes an increase or decrease in the cost of
or the time required for the Bidderrsquos performance of any provisions
under the Contract an equitable adjustment shall be made in the
Contract Price or delivery schedule or both and the Contract shall
accordingly be amended Any claims by the Bidder for adjustment
under this clause must be asserted within thirty (30) days from the
date of the Bidderrsquos receipt of the Purchasers change order
18 Contract Amendments
181 Subject to GCC Clause 17 no variation in or modification of the
terms of the Contract shall be made except by written amendment
signed by the parties
19 Assignment
191 The Bidder shall not assign in whole or in part its obligations
to perform under the Contract except with the Purchasers prior
written consent
20 Subcontracts
201 Any subcontracting work should be done after confirmation of
the same from the AMC
21 Delays in the Bidderrsquos Performance
29
211 Delivery of the Goods and performance of the Services shall be
made by the Bidder in accordance with the time schedule specified
by the Purchaser in the Schedule of Requirements
212 If at any time during performance of the Contract the Bidder or
its sub-contractor(s) should encounter conditions impeding timely
delivery of the Goods and performance of Services the Bidder shall
promptly notify the Purchaser in writing of the fact of the delay its
likely duration and its cause(s) As soon as practicable after receipt of
the Bidderrsquos notice the Purchaser shall evaluate the situation and
may at its discretion extend the Bidderrsquos time for performance with
or without liquidated damages in which case the extension shall be
ratified by the parties by amendment of the Contract
213 Except as provided under GCC Clause 24 a delay by the Bidder
in the performance of its delivery obligations shall render the Bidder
liable to the imposition of liquidated damages pursuant to GCC
Clause 22 unless an extension of time is agreed upon pursuant to
GCC Clause 212 without the application of liquidated damages
22 Liquidated Damages
221 Subject to GCC Clause 24 if the Bidder fails to deliver any or all
of the Goods or to perform the Services within the period(s) specified
in the Contract the Purchaser shall without prejudice to its other
remedies under the Contract deduct from the Contract Price as
liquidated damages a sum equivalent to 2 of the delivered price of
the delayed Goods or unperformed Services for each week or part
thereof of delay until actual delivery or performance up to a
maximum deduction of 10 of the Contract Price Once the
maximum is reached the Purchaser may consider termination of the
Contract pursuant to GCC Clause 23 Liquidated Damages is applicable
only up to commission and trial run period and not applicable to AMC
phase of the Contract
23 Termination for Default
30
231 The Purchaser may without prejudice to any other remedy for
breach of contract by written notice of default sent to the Bidder
terminate the Contract in whole or part
a if the Bidder fails to deliver any or all of the Goods within the
period(s) specified in the Contract or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 21 or
b if the Bidder fails to perform any other obligation(s) under the
Contract
c If the Bidder in the judgement of the Purchaser has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract
For the purpose of this Clause
ldquoCorrupt practicerdquo means the offering giving receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution
ldquofraudulent practicerdquo means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition
232 In the event the Purchaser terminates the Contract in whole or
in part pursuant to GCC Clause 231 the Purchaser may procure
upon such terms and in such manner as it deems appropriate Goods
or Services similar to those undelivered and the Bidder shall be
liable to the Purchaser for any excess costs for such similar Goods or
Services However the Bidder shall continue the performance of the
Contract to the extent not terminated
24 Force Majeure
241 Not with standing the provisions of GCC Clauses 21 22 23 the
Bidder shall not be liable for forfeiture of its performance security
liquidated damages or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
28
154 Payment shall be made in Indian Rupees
16 Prices
161 Prices payable to the Bidder as stated in the contract shall be
firm during the performance of the contract
17 Change Orders
171 The Purchaser may at any time by written order given to the
Bidder pursuant to GCC Clause 31 make changes within the general
scope of the Contract in any one or more of the following
a drawings designs or specifications where Goods to be
furnished under the Contract are to be specifically manufactured for
the Purchaser
b the Services to be provided by the Bidder
172 If any such change causes an increase or decrease in the cost of
or the time required for the Bidderrsquos performance of any provisions
under the Contract an equitable adjustment shall be made in the
Contract Price or delivery schedule or both and the Contract shall
accordingly be amended Any claims by the Bidder for adjustment
under this clause must be asserted within thirty (30) days from the
date of the Bidderrsquos receipt of the Purchasers change order
18 Contract Amendments
181 Subject to GCC Clause 17 no variation in or modification of the
terms of the Contract shall be made except by written amendment
signed by the parties
19 Assignment
191 The Bidder shall not assign in whole or in part its obligations
to perform under the Contract except with the Purchasers prior
written consent
20 Subcontracts
201 Any subcontracting work should be done after confirmation of
the same from the AMC
21 Delays in the Bidderrsquos Performance
29
211 Delivery of the Goods and performance of the Services shall be
made by the Bidder in accordance with the time schedule specified
by the Purchaser in the Schedule of Requirements
212 If at any time during performance of the Contract the Bidder or
its sub-contractor(s) should encounter conditions impeding timely
delivery of the Goods and performance of Services the Bidder shall
promptly notify the Purchaser in writing of the fact of the delay its
likely duration and its cause(s) As soon as practicable after receipt of
the Bidderrsquos notice the Purchaser shall evaluate the situation and
may at its discretion extend the Bidderrsquos time for performance with
or without liquidated damages in which case the extension shall be
ratified by the parties by amendment of the Contract
213 Except as provided under GCC Clause 24 a delay by the Bidder
in the performance of its delivery obligations shall render the Bidder
liable to the imposition of liquidated damages pursuant to GCC
Clause 22 unless an extension of time is agreed upon pursuant to
GCC Clause 212 without the application of liquidated damages
22 Liquidated Damages
221 Subject to GCC Clause 24 if the Bidder fails to deliver any or all
of the Goods or to perform the Services within the period(s) specified
in the Contract the Purchaser shall without prejudice to its other
remedies under the Contract deduct from the Contract Price as
liquidated damages a sum equivalent to 2 of the delivered price of
the delayed Goods or unperformed Services for each week or part
thereof of delay until actual delivery or performance up to a
maximum deduction of 10 of the Contract Price Once the
maximum is reached the Purchaser may consider termination of the
Contract pursuant to GCC Clause 23 Liquidated Damages is applicable
only up to commission and trial run period and not applicable to AMC
phase of the Contract
23 Termination for Default
30
231 The Purchaser may without prejudice to any other remedy for
breach of contract by written notice of default sent to the Bidder
terminate the Contract in whole or part
a if the Bidder fails to deliver any or all of the Goods within the
period(s) specified in the Contract or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 21 or
b if the Bidder fails to perform any other obligation(s) under the
Contract
c If the Bidder in the judgement of the Purchaser has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract
For the purpose of this Clause
ldquoCorrupt practicerdquo means the offering giving receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution
ldquofraudulent practicerdquo means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition
232 In the event the Purchaser terminates the Contract in whole or
in part pursuant to GCC Clause 231 the Purchaser may procure
upon such terms and in such manner as it deems appropriate Goods
or Services similar to those undelivered and the Bidder shall be
liable to the Purchaser for any excess costs for such similar Goods or
Services However the Bidder shall continue the performance of the
Contract to the extent not terminated
24 Force Majeure
241 Not with standing the provisions of GCC Clauses 21 22 23 the
Bidder shall not be liable for forfeiture of its performance security
liquidated damages or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
29
211 Delivery of the Goods and performance of the Services shall be
made by the Bidder in accordance with the time schedule specified
by the Purchaser in the Schedule of Requirements
212 If at any time during performance of the Contract the Bidder or
its sub-contractor(s) should encounter conditions impeding timely
delivery of the Goods and performance of Services the Bidder shall
promptly notify the Purchaser in writing of the fact of the delay its
likely duration and its cause(s) As soon as practicable after receipt of
the Bidderrsquos notice the Purchaser shall evaluate the situation and
may at its discretion extend the Bidderrsquos time for performance with
or without liquidated damages in which case the extension shall be
ratified by the parties by amendment of the Contract
213 Except as provided under GCC Clause 24 a delay by the Bidder
in the performance of its delivery obligations shall render the Bidder
liable to the imposition of liquidated damages pursuant to GCC
Clause 22 unless an extension of time is agreed upon pursuant to
GCC Clause 212 without the application of liquidated damages
22 Liquidated Damages
221 Subject to GCC Clause 24 if the Bidder fails to deliver any or all
of the Goods or to perform the Services within the period(s) specified
in the Contract the Purchaser shall without prejudice to its other
remedies under the Contract deduct from the Contract Price as
liquidated damages a sum equivalent to 2 of the delivered price of
the delayed Goods or unperformed Services for each week or part
thereof of delay until actual delivery or performance up to a
maximum deduction of 10 of the Contract Price Once the
maximum is reached the Purchaser may consider termination of the
Contract pursuant to GCC Clause 23 Liquidated Damages is applicable
only up to commission and trial run period and not applicable to AMC
phase of the Contract
23 Termination for Default
30
231 The Purchaser may without prejudice to any other remedy for
breach of contract by written notice of default sent to the Bidder
terminate the Contract in whole or part
a if the Bidder fails to deliver any or all of the Goods within the
period(s) specified in the Contract or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 21 or
b if the Bidder fails to perform any other obligation(s) under the
Contract
c If the Bidder in the judgement of the Purchaser has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract
For the purpose of this Clause
ldquoCorrupt practicerdquo means the offering giving receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution
ldquofraudulent practicerdquo means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition
232 In the event the Purchaser terminates the Contract in whole or
in part pursuant to GCC Clause 231 the Purchaser may procure
upon such terms and in such manner as it deems appropriate Goods
or Services similar to those undelivered and the Bidder shall be
liable to the Purchaser for any excess costs for such similar Goods or
Services However the Bidder shall continue the performance of the
Contract to the extent not terminated
24 Force Majeure
241 Not with standing the provisions of GCC Clauses 21 22 23 the
Bidder shall not be liable for forfeiture of its performance security
liquidated damages or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
30
231 The Purchaser may without prejudice to any other remedy for
breach of contract by written notice of default sent to the Bidder
terminate the Contract in whole or part
a if the Bidder fails to deliver any or all of the Goods within the
period(s) specified in the Contract or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 21 or
b if the Bidder fails to perform any other obligation(s) under the
Contract
c If the Bidder in the judgement of the Purchaser has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract
For the purpose of this Clause
ldquoCorrupt practicerdquo means the offering giving receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution
ldquofraudulent practicerdquo means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Borrower and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition
232 In the event the Purchaser terminates the Contract in whole or
in part pursuant to GCC Clause 231 the Purchaser may procure
upon such terms and in such manner as it deems appropriate Goods
or Services similar to those undelivered and the Bidder shall be
liable to the Purchaser for any excess costs for such similar Goods or
Services However the Bidder shall continue the performance of the
Contract to the extent not terminated
24 Force Majeure
241 Not with standing the provisions of GCC Clauses 21 22 23 the
Bidder shall not be liable for forfeiture of its performance security
liquidated damages or termination for default if and to the extent
that its delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
31
242 For purposes of this Clause Force Majeure means an event
beyond the control of the Bidder and not involving the Bidderrsquos fault
or negligence and not foreseeable Such events may include but are
not limited to acts of the Purchaser either in its sovereign or
contractual capacity wars or revolutions fires floods epidemics
quarantine restrictions and freight embargoes
243 If a Force Majeure situation arises the Bidder shall promptly
notify the Purchaser in writing of such conditions and the cause
thereof Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform its obligations under the Contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event
25 Termination for Insolvency
251 The Purchaser may at any time terminate the Contract by
giving written notice to the Bidder if the Bidder becomes bankrupt
or otherwise insolvent In this event termination will be without
compensation to the Bidder provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Purchaser
26 Termination for Convenience
261 The Purchaser by written notice sent to the Bidder may
terminate the Contract in whole or in part at any time for its
convenience The notice of termination shall specify that termination
is for the Purchasers convenience the extent to which performance
of the Bidder under the Contract is terminated and the date upon
which such termination becomes effective
27 Settlement of Disputes
271 The Purchaser and the Bidder shall make every effort to
resolve amicably by direct informal negotiation any disagreement or
dispute arising between them under or in connection with the
Contract
272 If after thirty (30) days the parties have failed to resolve their
dispute or difference by such mutual consultation then either the
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
32
Purchaser or the Bidder may give notice to the other party of its
intention to commence arbitration as hereinafter provided as to the
matter in dispute and no arbitration in respect of this matter may be
commenced unless such notice is given
2721 Any dispute or difference in respect of which a notice of
intention to commence arbitration has been given in accordance with
this Clause shall be finally settled by arbitration Arbitration may be
commenced prior to or after delivery of the Goods under the
Contract
2722 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in the SCC
273 Notwithstanding any reference to arbitration herein
a) The parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree and
b) The Purchaser shall pay the Bidder any monies due to the
Bidder
28 Limitation of Liability
281 Except in cases of criminal negligence or willful misconduct
and in the case of infringement pursuant to Clause 5
a) The Bidder shall not be liable to the Purchaser whether in
contract tort or otherwise for any indirect or consequential loss or
damage loss of use loss of production or loss of profits or interest
costs provided that this exclusion shall not apply to any obligation of
the Bidder to pay liquidated damages to the Purchaser and
b) The aggregate liability of the Bidder to the Purchaser whether
under the Contract in tort or otherwise shall not exceed the total
Contract Price provided that this limitation shall not apply to the
cost of repairing or replacing defective equipment
29 Governing Language
291 The contract shall be written in English language Subject to
GCC Clause 30 English language version of the Contract shall govern
its interpretation All correspondence and other documents
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
33
pertaining to the Contract which are exchanged by the parties shall
be written in the same language
30 Applicable Law
301 The Contract shall be interpreted in accordance with the laws
of Government of Maharashtra the Union of India and other
prevailing laws
31 Notices
311 Any notice given by one party to the other pursuant to this
Contract shall be sent to other party in writing or by cable telex or
facsimile and confirmed in writing to the other Partyrsquos address
specified in SCC
312 A notice shall be effective when delivered or on the notices
effective date whichever is later
32 Taxes and Duties
321 Bidders shall be entirely responsible for all taxes duties
license fees road permits etc incurred until delivery of the
contracted Goods to the Purchaser
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
34
SECTION IV SPECIAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Item No Topic
1 Definitions (GCC Clause 1)
2 Inspection and Tests (GCC Clause 7)
3 Delivery and Documents (GCC Clause 9)
4 Incidental Services (GCC Clause 12)
5 Payment (GCC Clause 15)
6 Settlement of Disputes (GCC Clause 27)
7 Notices (GCC Clause 31)
8 Progress of Supply
9 Right to use defective equipment
10 Bidder Integrity
11 Bidderrsquos Obligation
12 Patent Rights
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
35
Special Conditions of Contract
The following Special Conditions of Contract shall supplement the
General Conditions of Contract Whenever there is a conflict the
provisions herein shall prevail over those in the General Conditions
of Contract The corresponding clause number of the General
Conditions is indicated in parentheses
1 Definitions (GCC Clause 1)
(a) The Purchaser is Ahmednagar Municipal Corporation (AMC)
2 Inspection and Tests (GCC Clause 7)
The Purchaser requires the following inspection procedures and
tests
The Bidder before commencement of supply will design as per the
plant layout and get it approved by the employer before
manufacturing and Supply Pre shipment tests are mandatory The
Employer Project Consultants will inspect the material as per the
specifications mentioned in the bid document before dispatch of
materials
The basic specifications of the machines have been given in the
tender document There may be minor changes as per the
manufacturer design The manufacturer has to submit the detailed
design and get it approved from the AMC
The bidder shall get the machines inspected by third party agency
approved by Government of India these inspecting agency can be
like NSIC RITES SGS etc with no cost to AMC
3 Delivery and Documents (GCC Clause 9)
Upon delivery of the Goods the Bidder shall notify the purchaser and
the insurance company by the full details of the shipment including
contract number railway receipt number and date description of
goods quantity name of the consignee etc
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
36
The Bidder shall mail the following documents to the purchaser with
a copy to the insurance company
(i) Two Copies of the Bidder invoice showing contract number
goods description quantity unit price total amount
(ii) Acknowledgment of receipt of goods from the consignee(s)
(iii) Two Copies of packing list identifying the contents of each
package
(iv) Insurance Certificate
(v) ManufacturersBidderrsquos warranty certificate
(vi) Inspection Certificate Bidderrsquos factory inspection report
The above documents shall be received by the Purchaser before
arrival of the Goods (except where the Goods have been delivered
directly to the Consignee with all documents) and if not received the
Bidder will be responsible for any consequent expenses
4 Incidental Services (GCC Clause 12)
The following services covered under Clause 12 shall be furnished
and the cost shall be included in the contract price
While quoting the Bidder shall quote considering all the work
mentioned in Section VI
5 Payment (GCC Clause 15)
5a Payment towards Supply Erection and Commissioning
No Description Cumulative of
payment of the contract
price
1 Upon receipt of Equipments at site
and submission of the documents
specified in SCC Clause 3 above
50
2 Upon successful erection of major
parts
25
3 Upon Successful commission and
Trial Run
25
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
37
4 Opertion and Maintenance for One
Year
As per Agreement
The 1st year will starts at satisfactory commissioning and
Certificate of Commissioning of Processing Plant
6 Settlement of Disputes (Clause 27)
The dispute settlement mechanism to be applied pursuant to GCC
Clause 2722 shall be as follows
a) In case of Dispute or difference arising between the Purchaser
and a domestic Bidder relating to any matter arising out of or
connected with this agreement such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act 1996
by a Sole Arbitrator The Sole Arbitrator shall be appointed by
agreement between the parties failing such agreement by the
appointing authority namely the President of the Institution of
Engineers (India) A certified copy of the appointment Order shall be
supplied to each of the Parties
b) Arbitration proceedings shall be held at Ahmednagar
Maharashtra and the language of the arbitration proceedings and
that of all documents and communications between the parties shall
be English
c) The decision of arbitrators shall be final and binding upon both
parties The cost and expenses of Arbitration proceedings will be
paid as determined by the Arbitrator However the expenses
incurred by each party in connection with the preparation
presentation etc of its proceedings shall be borne by each party
itself
7 Notices (Clause 31)
For the purpose of all notices the following shall be the address of
the Purchaser and Bidder
Purchaser
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
38
Bidder (To be filled in at the time of Contract signature)
hellip
8 Progress of Supply
Bidder shall regularly intimate progress of supply in writing to the
Purchaser as under
- Date of inspection and the list of equipments to be inspected
- List of acceptedrejected by inspecting agency and date
- List of equipments despatched to consignees and date
- Date of completion of entire Contract including incidental services
if any and
(in case of stage-wise inspection details required may also be
specified)
9 Right to use defective equipment
If after delivery acceptance and installation and within the guarantee
and warranty period the operation or use of the equipment proves to
be unsatisfactory the Purchase shall have the right to continue to
operate or use such equipment until rectifications of defects errors
or omissions by repair or by partial or complete replacement is made
without interfering with the Purchaserrsquos operation
10 Bidder Integrity
The Bidder is responsible for and obliged to conduct all contracted
activities in accordance with the Contract using state-of-the-art
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
39
methods and economic principles and exercising all means available
to achieve the performance specified in the Contract
11 Bidderrsquos Obligations
The Bidder is obliged to work closely with the Purchaserrsquos staff act
within its own authority and abide by directives issued by the
Purchaser and implementation activities
The Bidder will abide by the job safety measures prevalent in India
and will free the Purchaser from all demands or responsibilities
arising from accidents or loss of life the cause of which is the Bidderrsquos
negligence The Bidder will pay all indemnities arising from such
incidents and will not hold the Purchaser responsible or obligated
The Bidder is responsible for managing the activities of its personnel
or sub-contracted personnel and will hold itself responsible for any
misdemeanors
The Bidder will treat as confidential all data and information about
the Purchaser obtained in the execution of his responsibilities in
strict confidence and will not reveal such information to any other
party without the prior written approval of the Purchaser
12 Patent Rights
In the event of any claim asserted by a third party of infringement of
copyright patent trademark or industrial design rights arising from
the use of the Goods or any part thereof in the Purchaserrsquos country
the Bidder shall act expeditiously to extinguish such claim If the
Bidder fails to comply and the Purchaser is required to pay
compensation to a third party resulting from such infringement the
Bidder shall be responsible for the compensation including all
expenses court costs and lawyer fees The Purchaser will give notice
to the Bidder of such claim if it is made without delay
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
40
SECTION V SCHEDULE OF REQUIREMENTS
Total Time for supply erection and
commissioning of plant One Year
Necessary civil works for the erecting and commissioning of plant
and machinery shall be in the part of contractor
Electric Panel required for the plant has to be provided by
contractor
General lighting greenery and housekeeping has to be provided by
contractor
AMC shall provide required electric load up to the shed Wiring
from this point to the panel and panel to machines shall be on part of
contractor
Detail Scope of Work has been given in section VI
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
41
SECTION VI ndash SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
1 Background
With an objective to address the current Municipal Solid Waste
(MSW) management the purchaser Ahmednagar Municipal
Corporation (AMC) is establishing Two 5 TPD Biomethanation plant
for treating organic ( Veg and Nonveg) waste
In order to achieve the said objective it is now proposed to establish
Two 5 TPD Biomethanation plan at Burudgaon Depo
Civil works required for the plant shall be done by successful
bidder The details specification of the proposed technology and
machinery has to be provided by bidder in technical bid
2 Brief Scope of Work
A Design
21 The bidder supply and shall operate the plant for a period of 1
YEAR as per the SWM Rules 2016 (amendment if any) and comply
with any other directions given by the competent authority
22 Post award of work within 2 weeks time the Bidder shall
provide the following
221 Detailed engineering design and specifications of all
equipmentrsquos proposed in the technical bid and to be supplied by the
bidder by positioning them in the plant layout
222 Footing drawings for machines (foundation-drawing) shall also
be submitted
223 Items that have not been considered by the Purchaser but felt
necessary by the Bidder shall be listed and recommended The
decision of the Purchaser with regard to the same will be final
However the Bidder shall make his best effort to identify such
equipmentrsquos at the time of bidding and include it in his quote and
give the details in the breakup of cost
23 The Purchaser shall scrutiny the layout amp equipment
specification in detail and gives required approval for start of work
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
42
24 land shall be provided by AMC for the project The boundary
wall 8 feet height on the perimeter of land provided by the AMC has
to be done by the successful bidder
B Supply and Erection
25 Post approval by the Purchaser the Bidder shall fabricate all
the equipment and inform the Purchaser regarding the readiness of
the equipmentrsquos for inspection
251 The Bidder shall ensure that all steel materials are painted with
anti corrosive painting in accordance with the international
standards so as to avoid corrosion
252 The Bidder shall follow the best available industrial
specifications safety norms and standards for manufacturing the
equipment
26 Authorized inspection agency of the Purchaser (Project
Consultants) will inspect the quality of goods as per the conditions
laid in the GCC amp SCC Shipment of equipment can be done only after
approval from the purchaser Specifications for machineries shall be
in accordance with BIS specifications amp other relevant standards
27 The manufacturer shall ensure that all machines and
equipment supplied are new machines of recent conception free of
defects and operational failures
28 Purchaser will provide the main electric supply point in one
location of the plant (preferred by Bidder as per the equipment
layout for each section)
281 Contractor shall provide all other electric including cabling
from the manufacturerrsquos control panel in each of the sections to the
individual motors and drives
282 The electrical system shall be so designed that the same shall
work under normal supply conditions and at the same time shall also
take care of frequent power supply interruptions and fluctuations
29 The Bidder along with the supply of equipmentrsquos shall provide
operators manual which shall contain detailed description expected
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
43
life time technical data amp performance curve make capacity safety
measures to be considered etc
210 The manufacture responsibilities are valid up to the expiration
of the guarantee period The manufacturer is required to intervene
and to rectify each operating defect or irregularity which is due to
fault of original design manufacturing or material
211 The Bidder shall provide OampM Plan consisting the following
2111 Consumables required for day-to-day operations
2112 Energy consumption of each of the Unit
2113 Spares required for a period of 10 year owning to regular
wear and tear
212 The Scope of Supply shall also cover the following but not
limited to
2121 The Design Supply Installation Erection commissioning
and Operation amp Maintenance of Biomethanation plant and
Machineries shall also include mounting arrangement on the
concrete floor providing all ladders railings and walkways wherever
necessary for day-to-day operations
2122 Providing standard tool for regular service and operation
works
213 The Bidder shall ensure that insurance is taken before dispatch
as stated in Conditions of Contract The equipment shall be safely
packed in crates or bundles whichever is suitable for safety of
shipment the cost of shipment transportation duties taxes
insurances shall be included in the tendered price
C Commission and Trial Run
214 After Successful erection each section shall be commissioned
and the desired output shall be achieved
215 The Bidder shall provide all consumables like hydraulic oil to
commission the plant
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
44
216 The Bidder shall provide training for a period of 15 days to the
Purchasers staff as and when required
D Operation and Maintenance Contract
217 The Bidder shall be responsible for regular preventive
maintenance of the systems and provide supply spares amp
consumables as a part of the Annual Maintenance Contract for 1
YEAR including the Warranty Period The Bidder shall depute
manpower in required number and Technical Staff at the site for the
entire AMC period No additional expenditure is envisaged to the
Employer towards operation and maintenance during the 1 YEAR of
AMC The Bidder will have to take note of all probable spares that
would be required for maintenance and shall keep adequate stock in
the site
218 The bidder shall operate the plant as per the SWM Rules 2016
and comply with any other directions given by the competent
authority
E Responsibility of the Purchaser
219 To provide land for the project
220 To provide final approval of layout and detailed drawings
within 30 days of submission
221 To provide electrical supply of required load up to one single
point at site
222 To provide Water Supply up to one single point at site
223 To provide electricity supply load as per the plant requirement
However the payment of energy bill and Water supply bill will be
responsibility of Contractor
224 To provide appropriate approach road to the installation
location for ease of transportation and installation
225 To provide clear site to carry out the installation
226 To ensure permission to work during normal and extended
hours
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
45
227 To Provide 10 TPD organic segregated waste Usually 5 TPD
non veg and 5 TPD veg waste shall be provided
F Penalty In the event that the Concessionaire has failed to operate
and maintain the Project Facilities and such failure has not been
remedied despite a notice to that effect issued by the Project Officer
or AMC AMC may without prejudice to any of its other
rightsremedies under this contract be entitled to cause the repair
and maintenance of the Project Facilities at the risk and cost of the
Concessionaire
The Concessionaire shall ensure that the Machines and Vehicles are
in operational condition In the event of breakdown or repair or
maintenance of any machine or Vehicle the Concessionaire shall
make necessary arrangement at its own cost and expense to ensure
that the MSW processing operations are not affected
The Project OfficerAuthorized person of AMC shall have the right to
inspect Machines and Vehicles on a regular basis The Concessionaire
shall deploy security personnel at its own cost during the Concession
Period The Concessionaire Operate and maintain the Project
Facilities in accordance with the terms and conditions of contract
Bear all expenses towards uniforms safety gear and waste handling
equipment to all the waste lifters and drivers Ensure that the Project
is operational on all calendar days of the year Be responsible for the
conduct of the staff employed for this Project while on duty
The Concessionaire shall be deemed to be in material breach if the
Project Officer acting reasonably and in accordance with the
provisions of this Agreement has determined that due to breach of
its obligations by the Concessionaire
1 There has been a failureundue delay in carrying out a scheduled
for processing of waste
2 There has been a failureundue delay in carrying out a
scheduledplanned maintenance or the scheduledplanned
maintenance has not been carried out in accordance with the terms
and conditions of this Agreement
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
46
3 The maintenance of the Project Facilities or any part thereof has
deteriorated to a level which is below the acceptance level
4 There has been a serious and persistent letup in adhering to the
requirements and thereby the project facilities or any part thereof is
not safe for operations
5 There has been a persistent breach of terms and conditions of this
Agreement For avoidance of doubt persistent breach shall mean i
Any breach by the Concessionaire which has not been remedied by
the Concessionaire as required under the provisions of this
Agreement despite a notice to remedy in respect thereof issued by
the Project Officer AMC andor ii Recurrence of a breach by the
Concessionaire during the pendency of notice to remedy by the
Project Officer AMC requiring the Concessionaire to remedy a
breach andor iii Repeated occurrence of a breach notwithstanding
that earlier breaches have been remedied pursuant to notice to
remedy or otherwise
Upon occurrence of a material breach AMC shall without prejudice
to and notwithstanding any other consequences provided thereof
under this contract depending upon the nature of obligation in
respect of which a material breach has occurred be entitled to both
levy a penalty and thereafter terminate this Agreement if the breach
is serious in nature The decision of the Commissioner AMC shall be
final in this regard
If the quantity of inert waste to be disposed off in the landfill is more
than the 15 quantity of waste received at site a charge of Rs200
per ton shall be charged on the extra weight than 15 of the total
waste
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
47
Annexure-1- Plant proposed
The technology proposed for the processing is Biomethanation with
utilization of gas generated
Minimum Plant Specifications shall be as follows Sr
No
Parameters Minimum Requirements
1 Plant feed Non-hazardous Organic Solid Waste generated
from municipal corporation
The plant feed should be weighed for every input
and records should be maintained for each feed
as total wet weight Weigh bridge has to constructed by the bidder
Online data transfer system and video camera
2 Plant Capacity 5 MT Veg per day for one plant and 5 MT
Nonveg for anathor plant per day
3 Plant Area provided by AMC Necessory
4 Mechanical ShredderGrinder 5 Tonnes Hour (at least 1 standby) 5 Feeder conveyor 5 Tonnes Hour (at least 1 standby) 5 Water recirculation and Feed
Pump
5 Hp - 2 No
9 Anaerobic Digester with
conveyor feeding system
Two stage anaerobic digester with mechanical
and hydraulic agitating systems
bull Pre-digester minimum Volume 200 cum
bull Digester minimum volume 1600 Cu m
bull Slurry storage tank min volume 300 Cu m
bull Feeding conveyor min capacity tonnes
Hour
10 Captive Power backup
Generator
1 No 200 KVA Gas Generator Set
11 Organic Fertilizer equipment
Loaders Earth Movers Sieving
machine Compost Turner
1 No each
12 Bio-CNG purification Plant 200 Cumhr capacity minimum
Gas quality As per BIS and Gas Cylinder rule 2016
13 Dispensing Station for CNG Vehicle filling
Minimum 1 No or may be more as per the need
14 Cascade cylinder for
distribution
Min 2000 Kg Bio CNG gas storage cascade
15 Scrubber moisture 2 No
16 Scrubber hydrogen sulphide 2 No
17 Gas Storage Vessel 10 Cu m gas storage
18 200 sq ft Office room manure
storage yard shed input feeder
system platform with shed 10
m X 40m X 15m (W X B X H) RCC
Plant form with shed fencing
Each 1 No Sizes can be changed with prior
permission from AMC
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
48
etc complete
19 Dewatering System 1 No to separate solid manure from the digested
slurry
20 Remote Monitoring System and Online Dashboard (Analyzers)
Track the operational parameters as per the specifications remotely and to be displayed on an
online dashboard with 24x7 access Plant log
books will be maintained on a daily basis
21 Health Monitoring Unit To track and analyze health of the anaerobic
system and should be based on advanced techniques in addition to pH monitoring
22 Flaring System 1 No to automatically flare the excess gas
23 Biogas balloons 500 Cu m capacity minimum
The bidder may use the gas generated from Biomethanation process for either of the following
1 Fuel for Automobiles
2 Fuel for heating cooking
3 Electricity generation
The Bio CNG gas specifications as per latest Indian Standard Norms and all
regulations The gas if filled in cylinders should be suitable to fill in the gas cylinders as per PESO
Gas Cylinder Regulations The gas if used for electric generation shall be sold through power purchase
agreement with power company and should be approved by competent authorities
The bidder should give the details of the technology proposed in technical bid
Annexure- 2 Other conditions
bull AMC shall Provide motorable road upto the project site
bull AMC shall assist in permissions for sourcing of water both potable and for
processing
bull AMC shall Provide 5 TPDveg and 5 non veg Organic Municipal solid waste at
its cost up to the tipping floor of processing facility
bull AMC will assure that waste from excluded category are not delivered to
processing site
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
49
bull The AMC will allot land for the project The land will be handed over for use
for MSW processing by Biomethanation process without any charge There
will be no leasing of land hence no lease rent is payable
bull AMC officials will ensure proper coordination with Project Awardee and
other stakeholders for execution and O amp M of the project
bull AMC shall assist the Awardee in obtaining necessary approvals of the
appropriate commission for setting up of the plant
bull If the project Awardee is obtaining power purchase agreement (PPA) or sale
of Gas for automobile or sale of gas for cooking or heating purposes AMC
shall assist the Awardee in documentation however all the process has to be
done by the contractor All the expenses require for getting necessary
approvals has to be done by the bidder
bull In case of any kind of defaultnegligenceaccidents the contractor shall be
solely responsible The AMC shall not be party to it
bull On acceptance of the tender the Project Awardee shall nominate an
authorized
bull Representative as site - in charge who shall be responsible for day to day
activities
bull The Project Awardee has to abide by the orders of Government Court NGT
bull Within 15 days from issue of the Letter of Acceptance the Project Awardee
will submit to the AMC complete design drawing and relevant documents
along with his program to complete the works in the form of a PERT Chart
and get it approved The approved PERT chart shall be diligently and strictly
followed with a view to complete the works as per schedule The progress amp
planning of works shall be reviewed from time to time and be modified
depending upon the exigencies of the work and stage of the works
bull Necessary authorizations for working the site and the project shall be shall be
obtained by contractor
bull The Project Awardee will take necessary insurance for the project during
transport
bull Installation and commissioning and thereafter for entire Concession Period
for value of such assets as Investment made and for O amp M requirements
bull From the commencement to the completion of the work the Project
Awardee shall take full responsibility for all losses and damages if any
suffered to works men or materials In case of any damages loss or injury
happen to the works or to any part thereof or to any temporary works from
any cause whatsoever the successful Project Awardee shall at its own cost
repair and make good and in conformity in every respect with the
requirement of the order The AMC shall have no liability in this case
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
50
bull The Project Awardee shall be responsible for the good conduct competence
proper and prompt performance of the laborers employed by him In respect
of all labor directly or indirectly employed on the works the Project Awardee
shall comply with all rules and regulations of Government or other local
authorities
bull Site office for the Project Management shall be constructed by the Project
Awardee at their cost
bull Washrooms change rooms drinking water and eating-place for workers shall
be constructed at appropriate places by the project developer or
subcontractors Such structures if permanent in nature shall be reflected in
Layout plan of the facility
bull Drinking water shall be of Potable quality Process requirement water can be
from any other source
bull All the material used in construction machineries amp other equipments will be
inspected amp tested (whether testing is feasible) by a agency appointed by
AMC All charges in this regard will be borne by Project Awardee
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
51
SECTION VII QUALIFICATION CRITERIA
(Referred to in Clause 112(b) of ITT)
a) The minimum average financial turnover of the bidder must be
more than 100 crore in last 3 financial years
b) The tenderer must have experience of Supply installation and
Commissioning of at least one Bio methanation plant of 5TPD
capacity in India within last 5 years
Or
b) The bidder must have technology transfer agreement with BARC
(Bhabha Atomic Research Center ) for Biomethanation plant Bidder
are required to submit Work order copies and ExecutionCompletion
Certificate Technology Transfer Certificate from BARC AMC may
call for original certificates for verification
Deputy Commissioner AHMEDNAGAR MUNICIPAL CORPORATION
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
52
SECTION VIII TENDER FORM
Date
IFT No
TO (Name and address of purchaser)
SirMadam
Having examined the Tender Documents including Addenda Nos [insert numbers] the
receipt of which is hereby duly acknowledged we the undersigned offer to supply and
deliver (Description of Goods and Services) in conformity with the said
tender documents for the sum of (Total tender amount in words and figures) or such
other sums as may be ascertained in accordance with the Schedule of Prices attached herewith
and made part of this tender
We undertake if our tender is accepted to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements
If our tender is accepted we will obtain the guarantee of a bank in a sum equivalent to
percent of the Contract Price for the due performance of the Contract in the form prescribed by
the Purchaser
We agree to abide by this tender for the Tender validity period specified in Clause 141 of the ITT
and it shall remain binding upon us and may be accepted at any time before the expiration of that
period
Until a formal contract is prepared and executed this tender together with your written
acceptance thereof and your notification of award shall constitute a binding Contract between
us
We undertake that in competing for (and if the award is made to us in executing) the above
contract we will strictly observe the laws against fraud and corruption in force in India namely
ldquoPrevention of Corruption Act 1988rdquo
We understand that you are not bound to accept the lowest or any tender you may receive
We clarifyconfirm that we comply with the eligibility requirements as per ITT Clause 1 of the
tender documents
Dated this day of 2018
Duly authorized to sign Tender for and on behalf of
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
53
SECTION X CONTRACT FORM
THIS AGREEMENT made the day of 2018 Between (Name of
purchaser) of (Country of Purchaser) (hereinafter called the Purchaser) of the one part
and (Name of Bidder) of (City and Country of Bidder) (hereinafter called
the Bidder) of the other part
WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz
(Brief Description of Goods and Services) and has accepted a tender by the
Bidder for the supply of those goods and services in the sum of (Contract Price in
Words and Figures) (hereinafter called the Contract Price)
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS
1 In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to
2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz
(a) the Tender Form and the Price Schedule submitted by the Tenderer
(b) the Schedule of Requirements
(c) the Technical Specifications
(d) the General Conditions of Contract
(e) the Special Conditions of Contract and
(f) the Purchasers Notification of Award
3 In consideration of the payments to be made by the Purchaser to the Bidder as hereinafter
mentioned the Bidder hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the Contract
4 The Purchaser hereby covenants to pay the Bidder in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract
Brief particulars of the goods and services which shall be suppliedprovided by the Bidder are as
under
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written
Signed Sealed and Delivered by the
said (For the Purchaser)
in the presence of
Signed Sealed and Delivered by the
said (For the Bidder)
in the presence of
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
54
SECTION XI PERFORMANCE SECURITY BANK GUARANTEE FORM
To (Name of Purchaser)
WHEREAS (Name of Bidder)
hereinafter called the Bidder has undertaken in pursuance of Contract No dated
2018 to supply (Description of Goods and Services) hereinafter
called the Contract
AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with the Bidderrsquos performance obligations in accordance with the Contract
AND WHEREAS we have agreed to give the Bidder a Guarantee
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the
Bidder up to a total of (Amount of the Guarantee in Words
and Figures) and we undertake to pay you upon your first written demand declaring the Bidder
to be in default under the Contract and without cavil or argument any sum or sums within the
limit of (Amount of Guarantee) as aforesaid without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein
guarantee is valid until the day of2018
Signature and Seal of Guarantors
Date20
Address
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years
i
SECTION XII-Proforma for Performance Statement of Bidder
Please see Clause 112 (b) of the Instructions to Tenders)
IFT Nohelliphelliphelliphelliphelliphellip Date of Openinghelliphelliphelliphelliphelliphelliphellip Time helliphelliphellip Hours
Name of the Firm helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip
Orders placed by
(Full
address of
Purchaser)
Order No and Date
Description and
Quantity of
Goods
ordered
Value of Order
Date of Completion of
Delivery
As per
contractActual
Remarks indicating
reasons
for late
delivery
If any
Has the goods equipment been
satisfactorily
functioning
(Attach a
Certificate from
the Purchaser)
1 2 3 4 5 6 7
II TOTAL TURN OVER MADE FOR THE PAST THREE YEARS AS PER BALANCE SHEET
SLNO YEAR TURN OVER(RUPEES IN LAKHS)
Average
Signature and Seal of the Tenderer-----------------------------------------------------------------------------
Please attach Audited balance sheet Income tax returns and CA certificate for last three financial years