अहमदनगर महानगरपा लका, अहमदनगर ......biomethanation...

69
BIOMETHANATION PLANT i अहमदनगर महानगरपालका, अहमदनगर घनकचरा यवथापन वभाग ई- नवदा .2032 ई-नवदा जा!हरात .13 सन 2018-2019 !दनांक:-08/03/2019 अहमदनगर महानगरपालका मा.िजहाधकार तथा आयुत यांया दनाक 08/03/2019 रोजीया मंजुर अ&वये अहमदनगर महानगरपालका मालक)या बु+डगांव सव. नं.34 या ठकाणी 5 TPD Veg 5 TPD Nonveg Solid Wast peocessing BIOMETHANATION PLANT उभारणी क+न म त जनावरांची व क7लखा&यातुन 9नमा:ण होणा-या मांसज&य ओला कच-याची =वहेवाट लावणेकामी तसेच शहरातील दैनंदन हॉटेल खानावळी व इतर ठकाणाह न 9नमा:ण होणा-या ओया कच-याची =वहेवाट लावुन मेथेन Dॅस/बायोDॅस 9नम:ती Fकप करता लागणार मशनर पुरवठा क+न,उभारणीकरणे व अंतग:त HथापIय कामे करणे व एक वषा:करता Fकप देखभाल व दु+Hतीसह चाल=वणेकामी खाजगी एज&सीची 9नयुती करणेकामी देय दराया ऑन लाईन 9न=वदा माग=वNयात येत आहे. Sr. No Envelopes Start Date & Time Expiry Date & Time 1 9न=वदा =वO) 08/ 03/ 2019 17: 45 29/03/2019 17:45 2 9न=वदा तयार करणे 08/ 03/ 2019 17: 45 02/04/2019 15:00 3 9न=वदा पुव: बैठक मा.उप-आयुत(सा.) यांया दालनामUये 19/ 03/ 2019 04:00 ----- 4 तांVWक व Xयापार लफाफा बंद करणे 02/ 04/ 2019 15:01 02/ 04/ 2019 17:45 5 9न=वदा दाखल करणे 02/ 04/ 2019 17:46 04/ 04/ 2019 15:00 6 तांVWक लफाफा उघडणे 04/ 04/ 2019 15:01 04/ 04/ 2019 17: 45 7 Xयापार लफाफा उघडणे 04/ 04/ 2019 17: 46 05/04/2019 17:45

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Page 1: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 2: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 3: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 4: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 5: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 6: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 7: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 8: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 9: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 10: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 11: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 12: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 13: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 14: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 15: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 16: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 17: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 18: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 19: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 20: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 21: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 22: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 23: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 24: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 25: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 26: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 27: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 28: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 29: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 30: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 31: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 32: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 33: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 34: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 35: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 36: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 37: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 38: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 39: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 40: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 41: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 42: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 43: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 44: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 45: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 46: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 47: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 48: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 49: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 50: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 51: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 52: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 53: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 54: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 55: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 56: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 57: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 58: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 59: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 60: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 61: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 62: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 63: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 64: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 65: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 66: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 67: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 68: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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

Page 69: अहमदनगर महानगरपा लका, अहमदनगर ......BIOMETHANATION PLANT i अहमदनगर मह नगरप लक , अहमदनगर

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