CEL552 CONSTRUCTION CONTRACTS AND

SPECIFICATION

Course Presented by:

coordinator: BT21CIV002 ROHIT SHEKHAR
Dr. ABHISHEK BT21CIV078 ARPAN TIWARI
SIR BT21CIV060 VIPUL KUMAR
BT21CIV094 VIVEK KUMAR
BT21CIV106 ASHISH KUMAR
YADAV
 MAHARASHTRA POLLUTION CONTROL BOARD MUMBAI
DETAILED TENDER NOTICE
1. Item wise tenders for the following work are invited from Contractor Registered with
PWD CPWD or equivalent government bodies in appropriate class by the Member
Secretary Maharashtra Pollution Control Board Mumbai. The Name of Work Estimated
Cost Earnest Money Security Deposit Time limit for Completion etc. are as under .

1.1 The tender document is uploaded / released on Government of Maharashtra(GOM)

etendering website https://maharashtra.etenders.in. Tender document and supporting
documents may be purchased and downloaded from following link of Organizations of
Government of Maharashtra on eTendering website of Government of Maharashtra.
1.2 The tender form conditions of contract specifications & contract drawings can be
downloaded online using payment gateway. The EMD applicable amount shall be paid via
online mode only. Bids will be opened as per tender schedule in the presence of such
intending tenderers or his/their authorized representatives who may be present at time.
•1.3 The tender notice shall form a part of contract agreement.
•1.4 The tenderer if firm or company shall give their forwarding letter mention
names of all the partners of the firm or company (as the case may be) and the name
of the partner who holds the power of attorney in any authorizing him to conduct
transaction on behalf of the firm or company.
•1.5 The right is reserved to revise or amend the contract documents prior to the
date notified for the receipt of the tenders or extended date.
•Such deviations amendments or extensions if any shall be communicated in the form
of corrigendum by letter or / and by notice in News paper as may be considered
suitable
•1.6 The tenderer shall enter his “Item rates” in words and figures.
•1.7 No pages should be removed from added in or replaced in the tender
documents.
•1.8 Right is reserved to reject any or all tenders without assigning any reasons
thereof.
•1.9 Tenders which do not fulfill any or all conditions or are incomplete in any
respect are liable for summery rejection.
•1.10 The tenderer may in forwarding letter mention any points he may wish to make
clear but right is reserved to reject the same in the whole of the tenders if the same
become conditional tender thereby.
 GENEREL:

a) Time Limit: The work is to be completed within stipulated time limit as specified in the
Notice inviting tender which shall be reckoned from the date of written order of
commencing the work and shall be inclusive of monsoon period.

b) Tender Rate : No alteration in the form of tender and the schedule of tender and no
additions in the scope or special stipulation will be permitted. Rates quoted for the
tender shall be taken as applicable to all leads and lifts.

c) Tender Units : The tenderers should particularly note the unit mentioned in the
Schedule "B" on which the rates are based . No change in the units shall be allowed. In
the case of difference between rates written in figures and words the correct rate will
be the one which is lower of the two.

d) The Income Tax @ 2% or percentage in force from time to time or at the rate as
intimated by the competent Income Tax authority shall be deducted from bill amount
whether measured bill advance payment or secured advance .
 TENDERING PROCEDURE

Blank Tender Forms

PreTender
Conference
Guidelines to Bidders on the operations of Electronic Tendering
System of MPCB
DOCUMENTS SUBMISSION (ENVELOPE no
1)
TENDER (Financial Bid): ENVELOPE
NO. 2
SUBMISSION OF TENDER:
 Tender forms can be downloaded from the Maharashtra Government's etendering
portal (http://maharashtra.etenders.in/allgom) after paying the tender fees online as
per the schedule

Contractors can ask questions online (check the tender notice). A pretender meeting is
open to all who have downloaded the tender form before the meeting. In this meeting
contractors can get clarification about the work and tender conditions. Contractors
can also submit their questions online through the "post query" option and the
answers will be posted as a Common Set of Conditions/Deviations (C.S.D.) which will
apply to everyone. Any question not included in the C.S.D. will be considered rejected.
Tenders must be based on these clarifications and cannot have any conditions or they
will be rejected. No further individual replies will be given after this
Landline no 02030187500 for any assistance on the use of electronin
tendering system

Guide line for use of electronic

system
• Contractors must enroll in the Electronic Tendering System to get a User ID
to participate in MPCB tenders.
• After applying for enrollment the information will be verified by the Service
Provider’s Authorized Representative.
• If the information is correct the vendor's enrollment will be approved.
• For Limited and Restricted tenders registered vendors must apply for
empanelment on MPCB’s subportal in the correct registration category.
• Empanelment must be approved by an MPCB officer.
• Only empanelled vendors can participate in these specific tenders.
DOCUMENT SUBMISSION
1 : SCANNED COPY OF LETTER
2 : EARNEST MONEY THROUGHT
3 :SCANNED COPY OF CERTIFICATE OF VALID REGISTRATION
GOVERNMENT DEPARTMENT
4: Copy of original Income Tax Return for the immediate previous financial year.
5 :valid Registration Certificate under Goods and Services Tax Act
6:Scanned Copy of Valid Professional Tax Registration Certificate
7 :Scanned Copy of the List of Modern Machinery
8: Scanned Copy of Details of work done during last five years
And other document is also required ;

Envoloped 2 :
Quote your offer in itemwise rates in the tender documents but only in
Envelope No. 2—do not mention prices anywhere in Envelope No. 1.
EARNEST MONEY
(a) Earnest money shall be paid via online using NEFT/RTGS or payment gateway mode
After Tender opening the EMD of the unsuccessful bidder will be returned to account
provided by the bidder during the bid preparation as given in challan under Beneficiary
Account Number.
(b) The amount will be refunded to the unsuccessful tenderers on deciding about the
acceptance or otherwise of the tender. In case of successful tenderer it will be refunded on
his paying initial Security Deposit and completing the tender documents.

SECURITY DEPOSIT

The successful bidder must provide 50% of the initial security deposit in the form of a
National Saving Certificate Fixed Deposit Receipt or Bank Guarantee payable at
Aurangabad pledged to the Maharashtra Pollution Control Board Mumbai.
1. The successful bidder must Submit 50% of the initial security deposit through:
National Saving Certificate (NSC)
Fixed Deposit Receipt (FDR)
Bank Guarantee (BG)
Payable at Aurangabad and pledged to Maharashtra Pollution Control Board Mumbai
or via a Nationalised or Scheduled Bank payable at Mumbai.
Failure to provide this will result in forfeiture of earnest money.
2. Deduct the remaining 50% from the running account bill at 1% with the total security
deposit equaling 2% of either:
The accepted tender value or
The estimated tender value whichever is higher.
3. Option to submit the security deposit through a Bank Guarantee covering the entire
project period which should be extendable if required by the Engineerincharge.
4. Deductions for compensation or amounts owed under this or other contracts can be
made from the security deposit with a requirement to replenish the deposit within 10
days after notice if deductions reduce the amount.
5. No interest on the security deposit.
6. Refund of the deposit will occur after the defect liability period is completed in line
with Clauses 1 and 20 of the contract.
CONDITION FOR PAYMENT OF ADDITIONAL PERFORMANCE SECURITY
DEPOSIT IF THE OFFER IS RECEIVED LOWER MORE THAN 1% BELOW (As per
G R. 26.11.2018)
1.Additional Performance Security Deposit Requirement: If the lowest successful
bidder's offer is more than 1.00% below the estimated cost an Additional Performance
Security Deposit must be paid within 8 days of opening the financial bid (2nd envelope).
This deposit should be drawn in favor of the concerned Member Secretary
Maharashtra Pollution Control Board Mumbai via Demand Draft only.
The 8day deadline will not be extended.

2. Conditions for Additional Performance Security Deposit:

A) No deposit is required if the offer is up to 1% below the estimated cost.
B) If the offer is up to 10% below the estimated cost the Additional Performance
Security Deposit will be 1% of the estimated cost.
C) If the offer is between 10% and 15% below the estimated cost the deposit will be
calculated as:
1% + (the percentage exceeding 10%).
Example: If the offer is 14% below the deposit will be (14% 10%) + 1% = 5% of the
estimated cost or a minimum of Rs. 1000 whichever is higher.
D). If the tenderer offer is more than 15% below the estimated cost put to tender the tenderer
have to submit additional performance security deposit as specified below ;​
E) If the calculated Additional Performance Security is less than Rs. 1000 a minimum
deposit of Rs. 1000 must be made.

F) The Additional Performance Security amount must be rounded to two decimal places.

G) The deposit should be submitted via Demand Draft from a Government or Scheduled
Bank payable to the Concerned Member Secretary Maharashtra Pollution Control Board
Mumbai and must include the bank's MICR and IFSC codes.

H) The Additional Performance Security will be refunded upon issuance of the Certificate of
Satisfactory Completion of Works by the Member Secretary. In any other case the deposit
will be forfeited.

I) If the lowest successful bidder (with an offer more than 1% below the estimated cost)
fails to deposit the Additional Performance Security within 8 days the Earnest Money
Deposit (EMD) will be forfeited and the second lowest bidder will be invited for negotiation.

J) No interest will be paid on the Additional Performance Security deposit during the period
it is held by the Maharashtra Pollution Control Board.
19.0 VALIDITY PERIOD:
The offer shall remain open for acceptance for minimum period of 90 days from the Date of
opening of Envelope No.2 (Financial Bid) and thereafter until it is withdrawn by the
contractor by notice in writing duly addressed to the authority opening the tender and sent
by Registered Post Acknowledgment due.

20.0 After completion of the etendering process the successful bidder will have to submit
the hard copy of downloaded tender document and drawings duly signed on each page by
the contractor or his authorised signatory. The tender should be full signature of the
tenderer or his authorized power of attorney holder in case of Firm.

22.0 Joint Venture Is not allowed.

23.0 The Goods and Services Tax @ 2 % of the contract amount will be recovered from the
bill of the registered contractors who are registered under Act. (1% CGST + 1 % SGST).

24.0 Contractor shall submit a certificate to the effect that “All the payments to the staff are
made in bank accounts of labou linked to Unique Identification Number (AADHAR CARD).”
The certificate shall be submitted by the contractor within 60 days from the commencement
of contract. If the time period of contract is less than 60 days then such certificates shall be
submitted within 15 days from the date of commencement of contract.
26.0 Clause 38 : Claims for Quantities Entered in the tenders
Excess quantity of any work shall be executed by prior permission of competent
authority. The Quantities Shall be payable at accepted tender rates only.
27.0 No negotiations will be held for rates terms and conditions therefore bidders
have to quote their comparative rates.
28.0 OTHER CONDITIONS :
1) The contractor shall submit the “Hard Copy” of the tender documents within 72
hours from the date of bid lock (In case of www.maharashtra.etenders.in). The
hard copy shall invariably contain all the documents which are submitted online.
2) The contractor shall submit only those documents which are required in the
tender documents. Uploading of unnecessary attachments with the tender should
be avoided.
3) This hard copy shall be referred only in case of any problem in online tender
opening process.
4) The contractor shall submit valid proof of deduction and payment of Profession
Tax of “technical persons employed by the contractor”
ADDITIONAL GENERAL CONDITIONS AND SPECIFICATIONS
1. CONTRACTOR TO STUDY SITE CONDITIONS

The contractor shall be deemed to have carefully examined the work and site
conditions including labour the general and the special conditions specifications
schedules and drawings and shall be deemed to have visited the site of work and to
have fully informed himself regarding the local conditions and carried out his own
investigation to arrive at the rates quoted in the tender system. In this regard he will
be given necessary information to the best of the knowledge of MPCB but without any
guarantee about it.

1.A COMPETENCY OF TENDER

The Work will be awarded only to those contractors who are considered to be
substantially responsive bidders capable of performing the class of work to be
completed. Before passing the final award any or all bidders may have to show that he
has the necessary experience facilities ability and financial resourced to execute the
work in satisfactory manner and also within the stipulated time.
2. INDEMNITY
The contractor shall indemnify the Government against all actions suits claims and
demands brought or made against it in respect of anything done or committed to be
done by the contractor in execution of or in connection with the work of this contract
and against any loss or damage to the Government in consequence of any action or suit
being brought against the Contractor for anything done or committed to be done in the
execution of the works of this contract.

3. ERRORS OMISSIONS AND DISCREPANCIES

a. In case of errors omissions and /or disagreement between written and scaled
dimensions on the drawing or between drawings and specifications etc. the following
order of preference shall apply.
(i) Between actual scaled and written dimensions or descriptions on a drawing the
latter shall be adopted.
(ii) Between the written or shown description of dimensions in the drawings and the
corresponding one in the specifications the latter shall apply.
(iii) Between the quantities shown in schedule of quantities and those arrived at from
the drawings the latter shall be preferred.
(iv) Between the written description of the items in the schedule of quantities and the
detailed description in the specifications of the same items the latter shall be adopted.
b. In case of discrepancy between rate quoted in figures and words the lowest of the two
will be considered for acceptance of the tender.​
c. In all cases of omissions and /or doubts or discrepancies in the dimensions or
descriptions of any item or specification reference shall be made to the Member
SecretaryMaharashtra Pollution Control Board Mumbai. whose elaboration or
decision shall be considered as authentic.

4. METHODLOGY OF CONSTRUCTION AND CONSTRUCTION EQUIPMENT

The methodology and equipments to be used on the project shall be furnished by the
Contractor to the EngineerInCharge well in advance of commencement of work and
approval of the EngineerInCharge obtained prior to its adoption and use. The Contractor
shall give a trial run of the equipment for establishing its capability to achieve the laid
down specifications and tolerance to the satisfaction of the EngineerinCharge before
commencement of work if so desired by the Engineer InCharge.All equipments provided
shall be of proven efficiency and shall be operated and maintained at all times in the
manner acceptable to the EngineerInCharge.
Some other condition and specifications are like Progress Schedule Responsibilities for
level and alignment Authorities of the engineer in charge’s representative Coordination
Supervision and inspection of works and quality control Safety measures and
amenities etc
Conclusion:
The tendering process outlined by the Maharashtra Pollution
Control Board emphasizes transparency fairness and strict
adherence to government regulations. Contractors must
comply with the specific procedures and conditions set forth
from document submission to performance security. By
following these guidelines contractors can ensure a smooth
bidding process while contributing to environmentally
responsible construction practices. The key takeaway is the
importance of careful preparation accurate documentation
and commitment to the project’s terms to achieve successful
contract fulfillment.