Seal & Signature of the Tenderer Page 1 of 24

TENDER NO. EE/SGL/U/T/Tender/06/2007-2008

ESTIMATED COSTRs. 3.00 Lakhs

EARNEST MONEY DEPOSITERs 3000/-

NAME OF WORKSUPPLY CUM ERRECTION OF H.T. & L.T. LINE UNDER CENTALZONE.

ISSUED TOM/S ------

------

------

DUE DATE OF SUBMISSION09.11.2007 Up to 14.00 HRS.
DUE DATE OF OPENING09.11.2007 At 15.00 HRS.
PRICE OF TENDER FORMRs. 1000/- BY CASH. + 12% VAT

(NON REFUNDABLE) Rs. 1200/- BY POST. + 12% VAT

E.M.D. PAIDRs. 3000/-VIDE R.NO. Dt.

Divisional Accountant, Sangli Executive Engineer (Urban Dn.) Sangli.

Tender duly filled is to be returned to :

THE EXECUTIVE ENGINEER

Maharashtra State Electricity Distribution Co. Ltd.,

Urban Division, Sangli – 416 415.

TENDER OPENED ON ------

E.E.[U] DN.SANGLI ------

DY.EX. (O) / J.E. ------

D. A. ------

MAHARASHTRA STATE ELECTICITY DISTRIBUTION Co. LTD.

Invitation to Tender and Instructions to Tenderer

Tender No. EE/SGL/U/T/TENDER/06/07-08

Returnable not later than 14.00 Hrs. (S.T.) on 09.11.2007 This Tender will be opened at 15.00 Hrs. on 09.11.2007 at the Company's office. Tenderer or his representative may be present at the time of opening of the Tender.

To,

M/S ......

......

......

Please return this Tender set, by filling your rates in the schedule 'A' enclosed herewith within the last date and time of submission of this Tender as prescribed above.

Before filling in the tender, please note the following instructions:

1. Please read carefully the terms and conditions of Tender and Schedule'A’ and alldrawing appended hereto.

2. Please sign and put your stamp on every page of Tender terms and conditions and schedule 'A' and on every page you enclose with this Tender.

3. Please fill in your rates in clear 'Figures' and BLOCK LETTERS in schedule "A”[BOTH] appended hereto on percentage basis only.

4. Please avoid overwriting. Overwriting if any should be clearly attested with Tenderer's dated signature.

5. Please submit your officer in two separate "ENVELOPS". ENVELOP No.l containing EMD Receipt, Labour Contract, PF Certificate Registration, Experience Certificate and all other documents. ENVELOPE No.2 containing Tender Form duly filled - in all respects.

6. Before dispatch please mark your Tender cover as 'Tender against Tender No. EE/SGL/T/U/TENDER/06/07-08 for work of Supply cum Erection of H.T. Line & L.T. Line for CentralZoneunder Urban Division Sangli

Executive Engineer,

Urban Division Sangli.

SCHEDULE 'D’

CONTRACTOR'S PERSONNEL INFORMATION

Tender No. : EE/SGL/T/U/TENDER/06/2007-08

Name of work : Supply cum erection of H.T. & L.T. Line for Central Zone under Urban Division, Sangli.

1. Name of the Registered firm

Registered Address : ......

2. Whether the firm is proprietary : ......

or Partnership.

3. Full name of proprietor who is : ......

authorised to sign the tender

documents and agreement bonds.

Full address.

4. Telephone No. Factory/Office, Fax : ......

Residence No. : ......

5. In case of SSI Unit, the SSI Registration : ......

No (Permanent)

6. Whether the firm has Sales Tax Registration :- ……………………………………

B.S.T.No. : ......

C.S.T.No. : ......

7. Whether the Firm is Registered For Work : ......

Contract Tax, if so Registration No.

8. Agreed Terms of the Tender.

a. Time limit for supply of Material/Execution of Work ......

b. Validity of Rates

c. E.M.D. Paid Rs.D.D. No ./Receipt No. Enclosed with tender. : ......

d. Ready to pay the Security Deposit as per : ......

Condition.

e. Terms of payment (The terms of payment

Will be as per tender condition, however : ......

The contractor can quote his terms of payment

Which may or may not be accepted by Company).

f. Penalty : As per Tender Conditions.

MAHARASHTRA STATE ELECTICITY DISTRIBUTION Co. LTD.

Urban Division Sangli.

Tender No. EE/SGL/T/U/TENDER/06/2007-08

Name of Work :- Erection of H.T. & L.T. Lines for Central Zone under Urban Division Sangli

Terms & Conditions :

1. Total Value of the Order/Scope of Work:

1.1The total value of contract will not exceed Rs 3.00 Lakhs initially. However depending upon your performance placing of orders to you may be considered.

1.2 Scope of Work:

The contract work involves construction/erection of lines as per Company's standard method of construction including (if required by Company to do so) providing and fixing of fabricated material made out of standard quality of M.S. section as per Company's specification/drawing etc.The work includes transportation-required material by the contractor for day-to-day works from the site stores to actual site.The required site line material will be supplied to the contractor by Company at the contractors site Store that should be within radius of 3 kilometers from actual work.

The fabricated material and any other material if required to be supplied by contractor shall be subject to prior approval of Company's authorities before use for line.

The Company's material supplied to the contractor shall be in the custody of the contractor till the same are utilised and line work is completed in all respect and works accepted by Company after joint measurement. The contractor shall be responsible for loss/theft of Company's material so supplied and the contractor shall be bound to make good, loss to the Company.

Once the tender is submitted it will be presumed the contractor is well conversant of the Company's Rules, Regulations, the site condition etc. and the tender cannot be withdrawn by the contractor for any reason.

2. EMD/Security Deposit/Solvency:

2.1 Earnest Money Deposit:

a) The tender must be accompanied by Earnest Money Deposit (EMD) of Rs. 3000/-paid either in cash or Demand draft or Bank Guarantee of any of the schedule bank in Sangli. No other mode of payment will be considered. The demand draft should be attached with the tender. EMD paid will not carry any interest and shall be refundable within a period of not exceeding 90 days from the date of opening of the tender, subject to condition that, the Tenderer should apply immediately after expiry of two months period and before expiry of ninety days in case of tenders. Who do not stood lowest. And refund of E.M.D. In case of tenderer who stood lowest shall be subject to the condition under clause (b) below along with submission of original receipt issued by this office failing which the EMD paid will be liable for Forfeiture. EMD paid by Cheque will not be accepted.

b) The EMD will be forfeited in case:

1.If tenderer withdraws the Tender after opening of the tenders but before 90 days Le. before expiry of validity period of 90 days.

2.In the event of refusal to accept the order for work or if the tenderer refuses to pay the Security Deposit as per the clause No. 2.2 of this Tender Condition.

3.If the successful tenderer refuses to sign and complete the contract documents and agreement and to further execute the work.

2.2 SECURITY DEPOSIT:

You will have to pay Security Deposit @ 5% of the order value in the form of Cash/D.D. or Bank Guarantee of the prescribed time limit i.e. within one week period to this office from the date of receipt of this order.

2.3 SOLVENCY CERTIFICATES:

The Contractor unless permitted in writing by the Ex. Engr.(U)Dn. Sangli, shall produce alongwith his tender solvency certificate worth 20% of the estimated cost from the collector of District or any schedule Bank or any appropriate authority, within which he resides or Bankers certificate of his financial stability .

3. PERIOD:

Period of this Contract is Three Months Initially.

4. WORK ORDER:

This office will issue separate work order. The time limit of execution of each sub work order will be specified in the sub work order and this time will be counted from the date of handling work of a last consignment material to the contractor.

5. INCOME TAX:

As per Section 194 (C) of finance Act, 1972, the deduction of Income Tax at source as per rules of the gross amount payable to you against each bill will be effected and paid to the Income Tax Authority.

6. WORK CONTRACT TAX :

As per Maharashtra Works Contract Tax (Re-Enacted) Act 1989, Deduction of works contract tax at sources at @ applicable or as per rules of the gross amount payable to you against each bill will be effected and paid to the concerned Authority.

7.This office reserves the right to the divert the work to any other party after looking your performance.

8. PROGRESS REPORT:

You should give weekly progress report to the concerned S/Dn. Office and Divisional office under which work is being carried out.

9. QUALITIES AND PERFORMANCE:

If the quality of work as well as on performance is not satisfactory, the contra ct is liable for termination without giving any notice and at your entire risk and cost. The Security Deposit is paid by you shall be forfeited in such an event.

10. SUB CONTRACT, TRANSFER OR ASSIGN THE CONTRACT:

You should not entrust the work on sub-contract, transfer or assign the contract or any part there of any third party. In case this is not followed it will be treated, as breach of contract and the contract will be terminated at your risk and cost.

11.In rare cases you have to execute the work in adjacement Sub Divisions.

12. R.A. BILLS:

The bills for work completed should be submitted to the Executive Engineer, through, Dy. Executive Engineer concerned R.A. Bills to the extend of 20% of Tender Value is permissible, subject to adjustment in final bill.

13. MEASUREMENT:

The measurement of the work carried out shall be jointly taken by the Authorized representative of Dy. Executive Engineer concerned and a contractor.

14. TERMS OF PAYMENT:

On the basis of measurement recorded, 90% payment of the bill will be made to the Contractor by the Office of the Executive Engineer, Sangli or at the other offices as will be specified in the Contract Order and balance 10% will be paid after successful commissioning of the complete work carried out by you. The Security Deposit paid by you will be refunded / released after successful completion of the guaranty period of the date of completion of work.

a)The payment would be made as per our order rates for all the work executed according to the specification and measurement. All rates will be inclusive of all taxes, S.T. and work contract Tax if any.

b)All materials and works for which the payment is made in part or full shall become the sole property of the Company but this provision shall not relieve the contractor of his responsibility for the care and protection of the materials and works at his own cost or of his liability to make good the damage if any, unless and until whole work is completed and handed over.

c)The periodical measurement and payment will be not entitled the contractor to any claim that the works for which payment made or accepted made as complete in accordance with the specification drawing or other contract documents in no way will curtail the right of representative of Company to subsequently direct to remove the defective work or to pay at lower, reduced rate or to remeasure the work. This periodical payment will be treated only as advance on account to be adjusted finally after the work are finally measured on claim any interest upon any arrears or upon any balance which may be found due, to him at any time.

15. RECOVERIES:

Recoveries due from the contractor as mentioned below up to the end of month previous to the month in which the bill is prepared should be made.

1)Deduction on account of retention money in full together with any storage in such retention money.

2) Penalty in full, if levied.

3)Expenditure incurred by the Company on behalf of the contractor in full.

4)Recoveries of advance on either materials or preliminaries of work.

5)As per rules of the total bill amount towards Income Tax at source and work taxes per applicable.

6)Any other such dues by the contractor to the Company or any other account whatsoever.

7)Recoveries as advised in audit.

8) Recoveries against E.P.F.; E.I. etc. wherever applicable.

16. GUARANTEE OF WORKS:

You will have to give guarantee of 12 months from the date of completion of the line for the work which are carried out by you will make good any damage arising in guarantee period at your cost. Company representative will permit reasonable time for replacement or rectification of work failing which the security Deposit and retention money are liable forfeiture. The Company may take legal action accordingly.

17. GENERAL CONDITIONS:

a)In case any accidents occurs to any of the labourers the Company will not take any responsibility of any legal action and its complete responsibility lies on contractor.

b)The contractor should posses Electrical Licensee from Govt. Electrical Inspector the Xerox copy should be submitted to Dy. Executive Engineer immediately soon this contract work.

c)In case of any conflicting construction or any difference of opinion in any difference of opinion in any point or in case of any dispute about this contract work order or interpretation of any of the clause/items /condition of this contract the decision of Executive Engineer, Sangli would be final and binding on you.

d)Penalty:

If you fail to carry out the work in stipulated period of sub work order, penalty at 1% per delayed day beyond stipulated time limit will be charged and penalty will be computed on the amount of delayed work, subject to maximum of 10% of the value of respective sub work order.

e)The work should be strictly carried out as per the standard method of constructions and as per the drawings attached and in accordance with Indian Electricity Act.

f)All the material required for the line will be supplied to the contractor by concerned Sub-Division at one place of contractors side store within a radious of 3 Kms. from the actual work site. The contractor will have transfer such material from site Stores to actual work site at your cost.

g)The permission from R.T.O. for transportation of poles etc. wherever required should be arranged by the contractor. The item i.e. transportation of poles involves loading, unloading and transportation. The Company will not take any responsibility towards any accidents, damages, to the pole while transporting. Concerned Dy. Executive Engineer will give requisition, to collect the poles from Stores/PC Pole Factory and if required one representative of Company would be accompanying with Contractor for collecting the poles.

h)Any risk that may be involved due to registration of your self of your Labour under regulation of Employment and Welfare Act 1969 will be on your account.

i)The rates shown in Schedule "A9 are for Labour charges. Fabrication Charges, including cost of black metal, clean sand, murum water Cement etc. required for concreting.

j)The payment of works tax as per rules should be bom by contractor; this office will make no payment.

k)No additional payment will be made on any other account. In case of failure to cope of the execution of the order the same will be got done throng h other agencies even at higher rate and the difference in amount will be recovered from you or any other means available.

m)Damages or defective materials if any observed during the Inspection or while commissioning the line the same should be replaced/complied at your cost.

n)Right to terminate or to extend period of contract is reserved by the undersigned.

ARBITRATION AND PAYMENT :-

1.The Matters to be determined by the Chief Engineer :-

All disputes and differences of any kind whatsoever arising out of or in connection with the contract, whether during the progress of the work or after its completions and whether before or after the determination of the contract, shall be referred by the contractor to the C.E. and the C.E. shall (within 120 day's after receipt of the contractors representation make and notify decisions of all matters referred to by the contractor in witting.

(i)Demand for Arbitration :-

In the event of any dispute or difference between the parties hereto as to the construction or preparation of this contract, or the respective rights and liabilities of the parties on any matter in questions, the dispute or difference on any account or as to the withholding by MSEB of any certificate to which the contractor may claim to be entitled to, or if the C.E. fails to make a decision (within 120 days) then and in any such case, the contractor (After 120 Days) but within (180 Days) of his presenting his final claim on disputed matters, shall demand in writing that the dispute of difference to be referred to Arbitration.

(ii)The demand for arbitration shall specify the matters, which are in questions, or subject of the dispute of difference as also the amount of claim item wise. Only such dispute(s) or difference(s) in respect of which the demand has been made, together with counter claims or set off, shall be referred to arbitration and other matters shall not be included in the reference.

A]The arbitration proceedings shall be assumed to have commenced from the day, a written and valid demand for arbitration is received by the Company.

B]The claimant shall submit his claim stating the facts supporting the claims along with all relevant documents and the relief or remedy sought against each claim within a period of 30 days from the date of appointment of the Arbitral Tribunal.

C]The Company shall submit its defense statement and counter claim(s), if any, within a period of 0 days of receipt of copy of claims from the Tribunal thereafter unless otherwise extension has been granted by the Tribunal.

(iii)No new claims shall be added during the proceedings by either party. However, a party may amend or supplement the original claim or defense thereof during the course of arbitration proceedings subject to acceptance by Tribunal having due regard to the delay in making it.

(iv)If the contractors) does/do not prefer his/their specific and final claims in writing, within a period of 90 days of receiving the intimation from the Company, that the final bill is ready for payment, he/they will be demand to have waived his/their claim(s) and the Company shall be discharged and released of all liabilities under the contract in respect of these claims.

2. Obligation During Pendency of Arbitration :-

Work under the contract shall, unless otherwise directed by the Engineer, continue during the arbitration proceedings, and no payment due or payable by the Company shall be withheld an account of such proceedings, provided, however, it shall be open for Arbitral Tribunal to consider and decide whether or not such work should be continued during arbitration proceedings.