Design, Engineering, Supply, Installation, Testing & Commissioning of new 2D-4K Fulldome digital planetarium system with Co-Centric Projection on new Perforated Dome at Sardar Vallabhbhai Patel Planetarium (SVPP) Sayajibaug, Vadodara, Gujarat. (Re-Invite)

Vadodara Municipal Corporation invites tender in two parts Technical Bid & Price bid from

Contractors for the TENDER BID FOR Design, Engineering, Supply, Installation, Testing &

Commissioning of (1) NEW LASER PROJECTORS (FOR 2D TECHNOLOGY) FULLDOME DIGITAL

PLANETARIUM SYSTEM, (2) NEW 5.1 SOUND SYSTEM & (3) NEW 12.5 METER NANO SEAM

POWDER COATED PERFORATED ALUMINIUM CO-CENTRIC DOME of Sardar Vallabhbhai Patel

Planetarium (SVPP) at Sayajibaug with 10 Years of Comprehensive Operation & Maintenance

Through on line e-tendering system.

Estimated Completio E.M.D Tender Stamp Downloading Last Date for

cost n Period Rs. fee Rs. Duty Rs. online tender Online

(In Rs.) Documents Submission of

from. Completed

Date/Time Date/Time

22,48,54,500/- (Including) rule 19.05.2026 up to 16:00 hrs

(Inclusive All to 11:00 hrs.

(1) The tender bid document will be available and downloaded from www.tender.n procure.com website (2)

Tender document should be accepted only by E-tendering method on www.tender.n procure.com website (3)

Conditional tender shall not be accepted. If any condition in the price bid is found, the tender will liable to be

rejected. (4) Hard copy of Pre-qualification bid along with EMD & tender fee shall be submitted by Registered

A.D. / Speed Post only & should be addressed to Executive Engineer (Water Works: Ele./Mech.), Room No.

Khanderao Market Building, Rajmahal Road, Vadodara Municipal Corporation, Vadodara – 390001 till

dt.22.05.2026 up to 16:00 hrs. (5) The Advertisement is also available on Website of Vadodara Municipal

Corporation. (6) VMC reserves the right to accept or reject any or all tenders without assigning any reason

thereof. (7) This Tender notice shall form a part of contract document.

PRO No. / 2025-26 Dy. Municipal Commissioner (G)

Visit us @ www.vmc.gov.in

Sr No Section Description Page No

1 Invitation for Bid (IFB)

2 Section -1 Instructions to Bidders

3 Section -2 Qualification Information

4 Section -3 Conditions of Contract

5 Section -4 Contract Data

6 Section -5 Technical Specification

7 Section -7 Form of Bid

8 Section -8 Securities and Other Forms

11 Section -9 Documents to be furnished by Bidder

INVITATION FOR BID

NATIONAL COMPETITIVE BIDDING

1. The Executive Engineer (Water Works: Ele./Mech.), Vadodara – 390001, Sardar

Vallabhbhai Patel Planetarium, Vadodara Municipal Corporation invites bids for the

works detailed in the table.

The bidders may submit bids for the following works.

Pac Name of work Approximate Bid Cost of Perio #Class of

kag value of works security docume d of Registration

e (Rs.) (Rs.) nt compl / Category

1.0 Design, Engineering, Rs. 22,48,55,500/- Rs.44,97,090/- Rs.20,000./ 14 Months Appropriate

Supply, Installation, (Inclusive Taxes & - (Including class

Testing & Duty) Monsoon)

Commissioning of

PROJECTORS (FOR

SYSTEM, (2) NEW

5.1 SOUND SYSTEM

METER NANO SEAM

CENTRIC DOME of

Sardar Vallabhbhai

Patel Planetarium

Sayajibaug with

2. Prospective / Interested bidder may download the Bid Documents from website

https://www.tender.nprocure.com free of cost till the Time and Date as

mentioned on online NIT at website https://www.tender.nprocure.com.

3. However, Bidder who is submitting the Bid Online will have to pay the Bid

Document Fee / Tender Fee through Demand Draft only of any Schedule Bank

payable at Vadodara and in favor of ‘Municipal Commissioner, Municipal

Corporation, Vadodara. Once the Bid is received online, Bid Document / Tender

Fee will not be refundable.

The Demand Draft for Bid Document / Tender fee / Bank Guarantee against Bid

Security / EMD shall be submitted in electronic format through online (by

scanning) while uploading the bid, this submission shall mean that bid document /

tender fee and Bid Security / EMD has been received. Accordingly, the offer of only

those shall be opened whose Bid Document / Tender Fee and Bid Security / EMD

have been received electronically. However, for the purpose of realization of

Demand Draft / Bank Guarantee bidder shall send the same in original through

R.P.A.D. so as to reach to Executive Engineer (Water Works: Ele./Mech.), Sardar

Vallabhbhai Patel Planetarium, Sayajibaug, Vadodara on or before 22.05.2026 up

Note: If any bidder will fill the online documents & price bid but fail to submit

hard copy before last date & time of submission than a bidder will going to be

restricted to fill any tender for next six (06) months in VMC.

Penetrative action for not submitting Demand Draft / Bank Guarantee in original

to Executive Engineer (Water Works: Ele./Mech.) / Tender Inviting Authority by

bidder shall be initiated. Bidder will be abeyance from filling tender for next six

4. Bids received online, will be opened on the time, date and place as specified in the

online NIT at website https://www.nprocure.com in the presence of the bidders

or their authorized representatives, who wish to remain present.

If the office happens to be closed on the day 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 Information is as under:

A. Agencies can prepare and edit their offers a number of times before the end of

the tender submission date and time. After the tender submission date and

time, the bidder cannot modify / edit / withdraw their submitted offer in any

case. No written or online request in this regard shall be granted.

B. Offers in physical form will not be accepted in any case.

C. Demand Draft purchased by the other then bidder and issued after the last

date of submission of Bids, will not be considered or accepted.

D. The cost incurred by the contractor for this offer for clarification or attending

discussion, conferences or site visits will not be reimbursed by the Employer

or Engineer-in-Charge.

E. Conditional tender shall not be accepted.

F. Any changes, addition, alternation made in the prescribed form attached with

tender are liable to be rejected.

G. Any change in format or conditional Bank Guarantee will not be accepted and

the bidder will be considered non-responsive.

H. All the bidders are instructed to fill in information strictly in accordance with

the format given in the checklist /qualification document / tender document.

I. It is mandatory for the bidders to supply each and every information as asked

strictly in electronic format at appropriate places only.

J. Blank / insufficient information shall be treated as nil information and shall

result in disqualification.

K. Even if the bidder has been qualified in a similar or larger size of project in the

past, it shall not be deemed to be a ground / reason for not giving required

information for this work / bid.

L. Information supplied for earlier projects shall not be considered while

evaluation of this bid. The Government will not ask for any other information,

unless it is found absolutely necessary by the competent authority.

M. If found necessary, the contractor will be intimated for negotiation,

Works following documents shall be submitted in electronic format only through

online by scanning and the (i) Bid Document Fee / Tender Fee (ii) Bid Security /

EMD should be sent in original to the Tender opening authority through RPAD, so

as to reach the Executive Engineer (Water Works: Ele./Mech.), Room No.

Khanderao Market Building, Rajmahal Road, Vadodara – 390001 or before

This is a two bid tendering system and the tender documents consists of –

Part I: Technical Bid

Part II: Price Bid.

The Tenderer shall submit this tender in accordance with the various instructions

included in the tender documents.

PREQUALIFICATION / TECHNICAL BID: -

The Tenderer shall have to submit Prequalification Bid with related documents

“On Line” through (n) procure website and “Hard Copy” through RPAD / Speed

This cover shall contain following:

1. Rs. 20,000/- (Twenty Thousand Only) in the form of Demand Draft/Pay Order from

any Nationalized bank or banks approved as per government of Gujarat finance

department GR NO FD/MSM/e-file/04/2023/4020/DMO Date 11/03/2024 and GR No

FD/MSM/e-File/4/023/0057/D.M.O Date 21/04/2023 only and it should be in favour

of “Municipal Commissioner”, Vadodara Municipal Corporation at Vadodara only to be

forwarded towards non-refundable Tender Fee.

2. Rs.44,97,090/- (Rupees Fourty Four Lac Ninty Seven Thousand & Nine Only) in the

form of Demand Draft or Pay Order or Bank Guarantee of any Nationalized Bank or

banks approved as per government of Gujarat finance department GR NO FD/MSM/e-

file/04/2023/4020/DMO Date 11/03/2024 and GR No FD/MSM/e-

File/4/023/0057/D.M.O Date 21/04/2023 only and it should be in in favour of

Municipal Commissioner, Vadodara Municipal Corporation only to be forwarded

towards EMD. Validity period minimum 6 months. Forwarding letter along with

conditions/clarifications, if any and necessary documents as below.

a) Copies of original documents defining the constitution of legal & stable power of

attorney of the signatory of the tender to commit the Tender.

b) Copies of Provident Fund, GST, ESIC Registration certificate shall be submitted along

c) The Tenderer must have registered in appropriate class either with Vadodara

Municipal Corporation / Other Corporation / Central / State / PWD / Indian

Engineering Services. If contractor have not registered with the VMC, then after getting

work order he should get registered with the VMC within 30 days.

d) The Bidder should be original manufacturer /their sole selling agents / authorized

distributers / dealers / channel partner. In case other than the Original manufacturer,

a specific authorization letter of the manufacturer is required to be submitted on

company letter head for Laser Projectors & Powder Coated Perforated Aluminum

e) Valid Solvency Certificate of Rs.674.56 Lac shall be attached along with tender

f) Bidder shall have financial capability of average annual financial turnover during the

last three years, ending 31st March of the previous financial year, should be at least

30% of the estimated cost (Rs 674.56 Lac).

g) Tenderer should have carried out single similar nature job works during last 7 years

ending last day of month previous to the one in which applications are invited should

be either of the following: -

 Three similar completed works costing not less than the amount equal to 40% of the

estimated cost of SETC Work (Rs. 899.42 lac).

 Two similar completed works costing not less than the amount equal to 50% of the

estimated cost of SETC Work (Rs. 1124.27 lac).

 One similar completed works costing not less than the amount equal to 80% of the

estimated cost of SETC Work (Rs.1798.84 lac).

Similar work means “Design, Engineering, Supply Installation testing and

commissioning of Planetarium Projectors with Dome in Municipal Corporation / Other

Corporation / Central / State / PWD / Indian Engineering Services” Copies of work

order and completion certificate from the concerned organization in the name of

tenderer shall be submitted. Following enhancement factors will be use for the cost of

work executed and financial figures to common base for the value of work order.

M.F. as Amount in

mentioned Rupees Multiplying Rs

here under Factor

h) Organization setup.

i) Detailed technical literature/catalogue shall be submitted along with the tender.

j) Audited balance sheet for last three years duly attested by C.A.

k) Last receipt of Provident fund, GST and ESIC

1) The contractor should have not been debarred from any Central/ State Govt.

Department/ Agency. i.e. Contractor should not be under debarment at the time of

submission of bid.

2) The Bidder shall have qualified manpower with relevant design, engineering,

procurement, supply, project execution expertise and experience for Planetarium

3) Joint venture prohibition: - joint venture (JV) OR Consortium bids shall not be allowed.

Tenderer is not allowed to mention rates in Technical Bid. All the Tender pages must

be duly sealed & signed. Original tender documents must be submitted as it is. This

cover must be superscripted as “Prequalification/Tender Bid, Name of Work, and

Date of Opening & PRO No.

1) Price Bid cover (Hard Copy) shall not be accepted by Vadodara Municipal

Corporation by post or personally. The Price Bid shall be submitted through the

website of (n) procure only. The bidder who had completed the formalities of

registration with the agency “(n) procure” are only eligible to quote the price bid of this

tender through the web site https://www.tender.nprocure.com within the stipulated time

limit mentioned in the advertisement.

2) All bidders can submit the price bid only on web site. The prices for offer are to be

quoted by the bidders at specified spaces. No condition will be accepted along with the

IMPORTANT NOTE ::-

1) Technical Bid along with EMD & Tender fee must be sealed & super scribed and shall be

submitted to the Executive Engineer (Water Works: Ele./Mech.), Room No. 210, Khanderao

Market Building, Rajmahal Road, Vadodara Municipal Corporation, Vadodara – 390001 by

Speed Post/Registered Post only on or before up to 16.00 hours of due date. In absence of

physical & On Line Technical bid the tender is liable to be rejected.

2) Tenders received after due date will be rejected. Tender received or due to be received

after the time limit is over will not be accepted and if inadvertently accepted will not be

opened and will be returned unopened. The tenders who may get opened before the due

date with no indication having been given on the outside of the envelope are liable to be

3) On Line Technical Bid and Price Bid shall be submitted on or before 18:00 hr. on the due

4) If EMD & Tender Fee are not found enclosed in part-I, than the tender will be out right

5) Price- Bid will be opened after scrutiny of pre-Qualification Bid. Price bid shall not be

opened if Tenderer is disqualified at pre- qualification stage.

6) Evaluation of Technical Bid (P.Q. Bid) shall be done on the basis of submitted authentic

documents only.

7) Once the pre-qualification bid is opened the Tenderer shall not submit any documents/

clarifications without request/approval of authority. Conditional Tenders shall not be

accepted & shall be rejected.

8) Demand Draft of tender fee should separately attached with prequalification documents

only in case the Tenderer who download tenders from website.

9) The Cost of Bid Document will not be refunded under any circumstance.

10) Tender copy should be reached only by Registered post / Speed post at Executive

Engineer (Water Works: Ele./Mech.), Room No. 210, Khanderao Market Building, Rajmahal

Road, Vadodara Municipal Corporation, Vadodara –

11) The Tenderer are advised to read carefully & study all the pages of tender document

which forms part & parcel of the contract Document.

12) Tender shall visit the site before quoting tender to understand site condition to execute

the work and if required get necessary data at their own cost.

13) Municipal Commissioner reserves right to accept any or reject all tenders without

assigning any reason thereof.

14) Original manufacturer / their sole selling agents /authorized distributers /dealers

/channel partner shall not be required to registered in appropriate class for electrical

category in Vadodara Municipal Corporation. If make of the material is not registered in

VMC, vendor registration of material shall be required in VMC after receiving work order.

15) Tenderer shall have to submit checklist with pre-qualification Bid. It should be

properly typed with seal & signature. Checklist should be as per format given in this tender

16) Bidder submit online Tender PQ bid but not submit hardcopy of Tender PQ Bid at

Schedule time period than Bidder have Abeyance 06 month for fill up tender in VMC

Dy. Municipal Commissioner (G)

Municipal Corporation

INSTRUCTIONS TO BIDDERS

1.1 QUALIFICATION CRITERIA:

Experience of having successfully completed similar works during last 7(Seven) years

ending last day of month previous to the one in which applications are invited should be

either of the following: -

 Three similar completed works costing not less than the amount equal to 40% of the

estimated cost of SETC Work (Rs. 899.42 lac).

 Two similar completed works costing not less than the amount equal to 50% of the

estimated cost of SETC Work (Rs. 1124.27 lac).

 One similar completed works costing not less than the amount equal to 80% of the

estimated cost of SETC Work (Rs.1798.84 lac).

Similar work means “Design, Engineering, Supply Installation testing and

commissioning of Planetarium Projectors with Dome in Municipal Corporation / Other

Corporation / Central / State / PWD / Indian Engineering Services” Copies of work

order and completion certificate from the concerned organization in the name of

tenderer shall be submitted. Following enhancement factors will be use for the cost of

work executed and financial figures to common base for the value of work order.

4.5.1 Qualification will be based on Applicant’s meeting all the following minimum pass/

fail criteria regarding the Applicant’s general and particular experience, personnel

and equipment capabilities and financial positions, as demonstrated by the

applicant’s responses in the forms attached to the letter of application ( specified

requirement for joint ventures are given under para 4.6 below ) Subcontractors

experience and resources shall not be taken in to account in determining the

applicants compliance with the qualifying criteria

To qualify for more than one contract, the applicant must demonstrate having

experience and resources sufficient to meet the aggregate of the qualification criteria

for each contract given in paragraphs 4.5.4, 4.5.5 and 4.5.9 below

4.5.2 Base year and Escalation

The base year shall be taken as Current financial year

Following enhancement factors will be used for the costs of works executed and the

financial figure to a common base value for works completed in India.

Year Financial Year Multiplying factor

Base year of inviting tender 2024-2025

 Applicant should indicate actual figures of costs and amount for the works executed by

them without accounting for the above-mentioned factors.

 In case the financial figures and value of completed works are in foreign currency the

above enhanced multiplying factors will not be applied. Instead, the current market

exchange rate (State Bank of India BC Selling rate as on the last date of submission of the

bid) will be applied for the purpose of conversion of the amount in foreign currency into

4.5.3. General Experience.

 The Applicant shall meet with the following minimum criteria:

o Average Annual Financial Turnover during the last 3 years, should be

at least 30% of the estimated cost

4.5.4. Personnel Capabilities.

o Availability for his work of personnel with adequate experience as

required; as per Appendix.

4.5.5. Financial Position

 The Applicant should give undertaking that he has access to, or has available,

liquid assets (aggregate of working capital, cash in hand and uncommitted

bank guarantees) and / or credit facilities up to 25 percent of the value of the

contract / contracts applied.

4.5.6. The audited balance sheets for the last five years should be submitted, which must

demonstrate the soundness of the applicant’s financial position, showing long – term

profitability including an estimated financial projection for the next two years If

necessary, the employer will make inquiries with the applicant’s bankers.

4.5.7. Litigation History

 The Applicant should provide accurate information on any litigation or

arbitration resulting from contracts completed or under execution by him

over the last five years. A consistent history of awards against the Applicant

or any partner of a joint venture may result in failure of the applicant.

4.5.8. Disqualification

 Even though the applicants meet the above criteria, they are subject to be

disqualified if they have:

 Made misleading or false representation in the forms, statements submitted,

and / or Record of poor performance such as abandoning the work,

rescinding of contract for which the reasons are attributable to the non –

performance of the contractor; consistent history of litigation awarded

against the applicant or financial failure due to bankruptcy. The rescinding of

contract of a joint venture on account of reasons other than non –

performance, such as Most Experienced partner of joint venture pulling out,

court directions leading to breaking up of a joint venture before the start of

work, which are not attributable to the poor performance of the contractor

will, however, not affect the qualification of the individual partners.

4.8 Even though the bidders meet the above qualifying criteria, they are subject to

be disqualified if they have:

- Made misleading or false representation in the forms, statements and

Attachments the submitted in proof the qualification requirements; and / or

Record of poor performance such as abandoning the works, not properly

completing the contract, inordinate delay in completion, litigation history, or

financial failures etc.; and/ or

- Participated in the previous bidding for the same work and had quoted

unreasonably high bid prices and could not furnish rational justification to the

2. One bid per bidder

5.1. Each bidder shall submit only one bid for one package. A bidder who submits or

participates in more than one bid (other than as a subcontractor or in cases of

alternatives that have been permitted or requested) will cause all the proposals with

the bidder’s participation to be disqualified.

3. Cost of Bidding

6.1. The bidder shall bear all costs associated with the preparation and submission of his

Bid, and the Employer will in no case be responsible and liable for those costs.

7.1. The Bidder, at the Bidder’s own responsibility and risk is encouraged to visit and

examine the Site of work and its surrounding and obtain all information that may be

necessary for preparing the Bid and entering into a contract for construction of the

The costs of visiting the site shall be at the Bidder’s own expense.

B. BIDDING DOCUMENTS

5. Content of Bidding Documents

5.1 The set of bidding documents comprises the documents listed below and addenda

issued in accordance with Clause 10:

Section Particulars Volume No.

- Invitation for Bids

1 Instructions to Bidders I

2 Qualification Information, and other forms

3 Conditions of Contract

4 Contract Data

5 Technical Specifications II

6 Form of Bid III

7 Bill of Quantities

8 Securities and other forms

10 Documents to be furnished by bidder V

8.2. Volumes I, II, III and IV are available online and documents to be furnished by the

bidder in compliance to section 2 will be prepared by him and furnished as Volume-

V in two parts (refer clause 12).

8.3. The bidder is expected to examine carefully all instructions, conditions of contract,

contract data, forms, terms, and technical specifications, bill of quantities, forms,

Annexes and drawings in the Bid Document. Failure to comply with the requirements

of Bid Documents shall be at the bidder’s own risk. Pursuant to clause 26 hereof,

bids which are not substantially responsive to the requirements of the Bid

Documents shall be rejected.

6. Clarification Bidding Documents

6.1 A prospective bidder requiring any clarification of the bidding documents may

notify the Employer in writing or through E-mail at the Employer’s address

indicated in the invitation to bid. The Employer will respond to any request for

clarification which he received earlier than 15 days prior to the deadline for

submission of bids. Employer’s response will be published on website including a

description of the enquiry but without identifying its source.

7. Amendment of Bidding Documents

7.1 Before the deadline for submission of bids, the Employer may modify the bidding

documents by issuing addenda.

10.2. Any addendum thus issued shall be part of the bidding documents. The Employer

will assume no responsibility for the same.

10.3. To give prospective bidders reasonable time in which to take an addendum into

account in preparing their bids, the Employer may, at his discretion, extend as

necessary the deadline for submission of bids, in accordance with Sub-Clause

PREPARATION OF BIDS

8. Language of the Bid

8.1 All documents relating to the bid shall be in the English language.

9. Documents Comprising the Bid

12.1. The bid be submitted by the bidder as Volume V of the bid document (refer Clause

8.1) shall be in two separate parts:

Part I shall be named “Technical Bid” and shall comprise

(i) Bid Security in the form specified in Section

(ii) Qualification Information and supporting documents as specified in Section

(iii) Certificates, undertakings, affidavits as specified in Section

(iv) Any other information pursuant to Clause 4.5 of these instructions

(v) Undertaking that the bid shall remain valid for the period specified in Clause

Part II shall be named “Financial Bid” and shall comprise

(i) Form of Bid as specified in Section

(ii) Priced Bill of Quantities for items specified in Section

12.2. The Bidder shall submit the details / information pertaining to each part i.e.

technical as well as financial and must be submitted online only.

12.3. Following documents will be deemed to be part of the bid.

Section Particulars Volume No.

Invitation for Bids (IFB)

1 Instruction to Bidders Volume I

3 Conditions of Contract

4 Contract Data

5 Specifications Volume II

9 Maintenance Work Volume III

10.1 The Contract shall be for the whole works as described in Sub-Clause 1.1, based on

the priced Bill of Quantities submitted by the Bidder.

10.2 The bidder shall fill in rates and prices and line item total (both in figures and words)

for all items of the Works described in the Bill of Quantities along with total bid

price (Both in figures and words). Items for which no rate or price is entered by the bidder

will not be paid for by the Bill of Quantities.

10.3 All duties, taxes, and other levies except GST payable by the contractor under the

contract, or for any other cause shall be included in the rates, prices and total Bid

Price submitted by the Bidder. (GST will be including)

10.5 The rates and prices quoted by the bidder are subject to adjustment during the

performance of the Contract in accordance with the provisions of Clause 47 of the

Condition of Contract (Irrespective of the time limit and Bid Amount)

11. Currencies of Bid and Payment

11.1 The unit rates and the prices quoted by the bidder shall be in Indian Rupees (INR).

However, for imported OEM equipment, prices shall be quoted in US Dollars (USD),

Firm Fixed Price, DAP to Project Site, by Air, including insurance by Seller. Customs

duties, GST, import/export fees, film royalties, and withholding taxes shall be the

sole responsibility of VMC. VMC shall open an Irrevocable Letter of Credit (LC) in

favour of the OEM for the full imported equipment value in USD: 60% upon

presentation of shipping documents, 30% upon arrival of equipment on site, 10%

upon successful installation and commissioning. For Local Scope Items (INR,

payable to Indian Agent): Comprehensive Renovation, HVAC, Electrical, Fire Safety,

Structural and Civil Works: 30% on commencement, 50% on completion, 20% on

successful commissioning and handing over. 10-Year O&M with Manpower: Paid

quarterly in arrears based on satisfactory performance certification by VMC. Human

Safety Protocols: 100% upon satisfactory completion and certification. Retention

Money: No retention for imported OEM equipment; standard VMC norms for

civil/structural/local works. All payments for local scope shall be made in Indian

12. Bid Validity

Tenders submitted by Tenderer shall remain valid for acceptance for a period

of 120 days from the date of opening of the Price-Bid. The Tenderer shall not

be entitled during the said period of 120 days, without the consent of writing of

the owner to revoke or cancel his tender or to vary the tender given or any

terms thereof. In case of tenderer revoking or cancelling his tender or vary any

term in regard to thereof without the consent of owner in writing, the owner

shall forfeit earnest money paid by him along with the tender.

12.1 In exceptional circumstances, prior to expiry of the original time limit, the

Employer may request that the bidders may extend the period of validity for a

specified period. A bidder may refuse the request without forfeiting his bid

security. A bidder agreeing to the request will not be required or permitted to

modify his bid, but will be required to extend the validity of his security for a

period of the extension, and in compliance with Clause 16 in all respects.

#16. Bid Security

 EARNEST MONEY DEPOSIT

The Tenderer must pay earnest money as given in the notice inviting Tenders and

attach with the technical bid of Tender. The earnest money can be paid Nationalized

Bank’s Demand draft/Pay Order/Bank Guarantee (Validity period minimum

months after award the work order BG validity period is 5 Years) in favor of

Municipal Commissioner; Vadodara EMD shall be attached with Technical Bid.

Nationalized Bank or banks approved as per government of Gujarat finance

department GR NO FD/MSM/E-file04/2023/4020/DMO Date 11/03/2024 and GR

No FD/MSM/e-File/4/2023/0057/D.M.O Date 21/04/2023It will be released after

one year from the completion of the O&M work After award the work order

contractor should be submit renew or new BG which validity period is 5 Years

Note: No interest shall be paid on the earnest money deposit. The earnest money of

the unsuccessful Tenderer will be refunded within reasonable period without any

The earnest money deposited by successful Tenderer will be retained towards the

Security Deposit for the fulfillment of the Contract, but shall be forfeited, if the

Tenderer fails to execute the agreement within 15 days after the letter of acceptance

 SECURITY DEPOSIT

The person/persons whose tender is accepted (herein after called the contractor)

shall pay 3% Security Deposit of the order value within 15 days from the date of

receipt of the order in the form of D.D./Bank Guarantee (validity period minimum

Years of any Nationalized Bank in favour of Municipal commissioner, Vadodara

Municipal Corporation. It will be released after completion of the 5 Years of

Maintenance work.

16.1. Any bid not accompanied by an acceptable Bid Security and not secured as

indicated in Sub-Clauses 16.1 and 16.2 above shall be rejected by the Employer as

non-responsive.

16.2. The Bid Security of unsuccessful bidders will be returned within 28 days of the end

of the bid validity period specified in Sub-Clause 15.1 except L2 Agency.

16.5 The Bid Security of the successful bidder will be discharged when the bidder has

signed the Agreement and furnished the required Performance Security.

16.6. The bid Security may be forfeited

(a) If the Bidder withdraws the bid after Bid opening during the period of Bid

(b) If the Bidder does not accept the correction of the Bid Price, if any or

(c) In the case of a successful Bidders, if the Bidder fails the specified time limit to

(i) Sign the Agreement; or

(ii) Furnish the requirement Performance Security.

(iii) #If found necessary, the bidder will be intimated for negotiation, He will be

intimated maximum three times within the validity period for negotiation,

If contractor does not respond in time, his Bid Security (EMD) will be

forfeited and his tender will be rejected. Punitive action will be taken on

such contractors. (As per GoG R&B Dept’s Gr. No. S/22/2017/6369/D,

17. Alternative Proposals by Bidders.

17.1. Bidders shall submit offers that fully comply with the requirements of the bidding

documents, including the conditions of contract (including mobilization advance or

time for completion), basic technical design as indicated in the drawing and

specifications. Conditional offers or alternative offers will not be considered further

in the process of tender evaluation.

18. Format and Signing of Bid

18.1. The Bidder shall prepare documents comprising the bid as described in Clause 12 of

these Instructions to bidder as the “Technical Bid” and “Financial Bid” in separate

parts to be uploaded.

C. SUBMISSION OF BIDS

20. Deadline for Submission of the Bids

20.1. Complete Bids must be received online by the Employer at the tender website

specified above not later than the date indicated in appendix.

20.2. The Employer may extend the deadline for submission of bids by issuing an

amendment in accordance with Clause 10, in which case all right and obligation of

the Employer and the bidders previously subject to the original deadline will then be

subject to the new deadline.

22. Modification and Withdrawal of Bids

22.1. Bidders may modify or withdraw their bids online before the deadline prescribed in

Clause 20 or pursuant to Clause

22.3. No bid shall be modified or withdrawn after the deadline for submission of Bid.

22.4. Withdrawal or modification of a bid between the deadline for submission of bids

and the expiration of the original period of bid validity specified in Clause

above or as extended pursuant to Clause 15.2 may result in the forfeiture of the Bid

security pursuant to Clause

D. BID OPENING AND EVALUATION

23. Bid Opening

23.1 The Employer will open all the Bids received including modifications made pursuant

to Clause 22, in the presence of the Bidders or their representatives who choose to

attend at time, date and the place specified in Appendix in the manner specified in

Clauses 20 and 23.3, In the event of the specified date of Bid opening being declared

a holiday for the Employer, the Bids will be opened at the appointed time and

location on the next working day.

23.3. The “Technical Bid” shall be opened. The amount, form and validity of the bid

security furnished with each bid will be announced. If the bid security furnished does

not conform to the amount and validity period as specified in the invitation for bid

(ref. Column 4 and paragraph 3), and has not been furnished in the form specified in

Clause 16, the technical bid will not be opened.

23.4. (i) Subject to confirmation of the bid security by the issuing Bank, the bids

accompanied with valid bid security will be taken up for evaluation with

respect to the Qualification information and other information furnished in

part I of the bid pursuant to Clause 12.1.

(ii) If required, the bidder will be asked in writing to clarify his Qualification

Documents with respect to any required clarification.

(iii) The bidders will respond in not more than 7 days of issue of the clarification

(iv) Immediately (usually within 3 or 4 days), on receipt of these clarification the

Evaluation Committee will finalize the list of responsive bidders whose

financial bids are eligible for consideration.

23.6 At the time of opening of “Financial Bid”, the names of the bidders were found

responsive in accordance with Clause 23.4(iv) will be announced. The bids of only

these bidders will be opened. The responsive Bidders’ names, the Bid prices, the

total amount of each bid, any discount and such other details as the Employer may

total amount of each bid, any discount and such other details as the Employer may

consider appropriate, will be announced by the Employer at the opening.

23.7 the time of opening of “Financial Bid”, the names of the bidders were found

responsive in accordance with Clause 23.4(iv) will be announced. The bids of only

these bidders will be opened. The responsive Bidders’ names, the Bid prices, the

total amount of each bid, any discount, and such other details as the Employer may

total amount of each bid, any discount, and such other details as the Employer may

consider appropriate, will be announced by the Employer at the opening.

23.8 In case bids are invited for more than one package, the order for opening of the

“Financial Bid” shall be in order of Estimated amount of Bids from highest to lowest.

23.9 The Employer shall prepare minutes of the Bid opening, including the information

disclosed to those present in accordance with Sub-Clause 23.6.

24.1 Information relating to the examination, clarification, evaluation, and comparison of

Bids and recommendations for the award of a contract shall not be disclosed to

Bidders or any other persons not officially concerned with such process until the

award to the successful Bidder has been announced. Any effort by Bidder to

influence the Employer’s processing of Bids or award decisions may result in the

rejection of his Bid.

25. Clarification of Financial Bids

25.1. To assist in the examination, evaluation, and comparison of Bids, the Employer may,

at his discretion, ask any Bidder for clarification of his Bid, including breakdowns of

unit rates. The request for clarification and the response shall be in writing or by e-

mail, but no change in the price or substances of the Bid shall be sought, offered, or

permitted except as required to confirm the correction of arithmetic errors

discovered by the Employer in the evaluation of the Bids.

25.2 Subject to sub-clause 25.1, no Bidder shall contact the Employer on any matter

relating to his Bid opening to the contract is awarded. If the Bidder wishes to bring

additional information to the notice of the Employer, it should do so in writing.

25.3. Any effort by the Bidder to influence the Employer in the Employer's bid evaluation,

bid comparison or contract award decision may result in the rejection of the Bidders’

26. Examinations of Bids and Determination of Responsiveness

26.1 During the detail evaluation of "Technical Bid", the Employer will determine whether

each Bid (a) meets the eligibility criteria defined in Clause 3 and 4; (b) has been

properly signed; (c) is accompanied by the required securities and; (d) is

substantially responsive to the requirements of the Bidding document. During the

detailed evaluation of the “Financial Bid”, the responsiveness of the bids will be

further determined with respect to the remaining bid conditions, i.e., priced bill of

quantities, technical specifications, and drawings.

26.2 A substantially responsive “Financial Bid” is one which confirms all the terms,

conditions and specifications of bidding documents, without material deviation or

reservation. A material deviation or reservation is one (a) which affects in any

substantial way the scope, quality, or performance of the Works; (b) which limits in

any substantial way, inconsistent with the Bidding documents, the Employer’s rights

or the Bidder’s obligations under the Contract; or (c) whose rectification would affect

unfairly the competitive position of other Bidders presenting substantially

responsive Bids.

26.3 If a “Financial Bid” is not substantially responsive, it will be rejected by the

Employer, and may not subsequently be made responsive by correction or

withdrawal of the non-conforming deviation or reservation.

29. Evaluation and Comparison of Financial Bids

29.1. The Employer will evaluate and compare only the Bids determined to be substantially

responsive in accordance with Sub-Clause 26.2.

29.3. The Employer reserves the right to accept or reject any variation or deviation.

Variation and deviations and other factors, which are in excess of the requirements of

the Bidding documents or otherwise result in unsolicited benefits for the Employer,

shall not be taken in to account in Bid evaluation.

29.4. The estimated effect of the price adjustment conditions under Clause 47 of the

Conditions of Contact, during the period of implementation of the Contract, will not

be taken in to account in Bid evaluation.

29.5. If the Bid of the successful Bidder is seriously unbalanced in relation to the Engineer’s

estimate of the cost of work to be performed under the contract the Employer may

require the Bidder to produce detailed consistency of those prices with the

construction methods and schedule proposed. After evaluation of the price analyses,

the Employer may require that the amount of the performance security set forth in

Clause 34 be increased at the expense of the successful /bidder to a level sufficient to

protect the Employer against financial loss in the event of default of the successful

Bidder under the Contract.

29.6. A bid which contains several items in the bill of Quantities which are unrealistically

priced low and which cannot be substantiated satisfactorily by the bidder may be

rejected as non-responsive.

E. AWARD OF CONTRACT

31. Award Criteria

31.1. Subject to Clause 32, the Employer will award the contract to the Bidder whose Bid

has been determined.

(i) to be substantially responsive to the Bidding documents and who has offered

the lowest evaluated Bid Price; and

(ii) to be within the available bid capacity adjusted to account for his bid price

which is the lowest evaluation in any of the packages opened earlier than the

one consideration.

In no case, the contract shall be awarded to any bidder whose available bid

capacity is less than the evaluated bid price, even if the said bid is the lowest

evaluated bid. The contract will in such cases be awarded to the next lowest bidder

at his evaluation bid price.

32. Employer’s Right to Accept any Bid and to Reject any or all Bids

32.1. Notwithstanding Clause 31, the Employer reserves the right to accept or reject any

Bid, and to cancel the Bidding process and reject all Bids, at any time prior to the

award of contract, without thereby incurring any liability to the affected bidder or

Bidder or any obligation to inform the affected Bidder or Bidders of the grounds for

the Employer’s action.

33. Notification of Award and Signing of Agreement

33.1. The Bidder whose Bid has been accepted will be notified of the award by the

Employer prior to expiration of the Bid validity period by cable, telex or facsimile

confirmed by registered letter. This letter (hereinafter and in the condition of

contract called the “Letter of Acceptance”) will state the sum that the Employer will

pay the Contractor in consideration of the execution, completion, and maintenance of

the Works by the Contractor as prescribed by the Contract (hereinafter and in the

Contract called the “Contract Price”).

33.2 The notification of award will constitute the formation of the contract, subject only to

the furnishing of a performance security in accordance with the provisions of Clause.

33.3. The Agreement will incorporate all agreements between the Employer and the

successful Bidder. It will be signed by the Employer and to the successful Bidder,

within 28 days following the notification of award along with the Letter of

Acceptance. Within 21 days of receipt, the successful Bidder will sign the Agreement

and deliver it to the Employer.

33.4. Upon the furnishing by the successful Bidder of the Performance Security, the

Employer will promptly notify the other Bidders that their Bids have been

37. Corrupt of Fraudulent Practices

37.1 The Employer will reject a proposal if it determines that the Bidder recommended

for award has engaged in corrupt or fraudulent practices in completing for the

contract in question and will declare the firm ineligible, either indefinitely or for a

stated period of time, to be awarded a contract with National Highways Authority of

India/ State PWD and any other agencies, if it at any time determines that the firm

has engaged in corrupt or fraudulent practices in completing for the contractor, or

37.2 Furthermore, Bidders shall be aware of the provision stated in Sub- Clause 59.2 of

the Conditions of Contract.

APPENDIX TO ITB

Clause Reference

With respect to

1. The Name of the Employer is ………………………. [ Cl.1.1]

2. The last Seven years.

Base Year 2025-2026

3. This Annual Financial Turnover Amount is Rs……… [Cl.4.5.3 (a)]

4. Value of Work is Rs. 22,48,54,50,000/-

6. The cost of electrical work is Rs.

7. The cost of water supply / sanitary works is Rs.

8. Liquid assets and / or availability of credit facilities is 25% of [Cl.4.5.6 ]

9. Price level of the financial year 2025-26 [Cl. 4.5.2]

10. The pre-bid meeting will take place at The Executive Engineer on [Cl. 9.2.1]

11. The technical Bid will be intimated later after evaluation.

12. Address of the Employer:

Executive Engineer (Water Works: Ele./Mech.), Room No.

Khanderao Market Building, Rajmahal Road, Vadodara Municipal

Corporation, Vadodara –

14. The bid should be submitted latest by As stated on online [Cl. 20.1 & 20.2]

15. The bid will be opened at the office of the Executive Engineer [Cl. 23.1 ]

(Water Works: Ele./Mech.), Room No. 210, Khanderao Market

Building, Rajmahal Road, Vadodara Municipal Corporation,

Vadodara – 390001 – 1, As stated on online NIT

16. The Bank Draft in favor of Municipal Commissioner, Vadodara

Municipal Corporation, Vadodara.

18. Escalation factors (for the cost of works executed and financial [Cl.4.5.2]

figure to a common base value) for works completed

Year Financial Year Multiplying factor

Base year of inviting tender

List of Key Personnel to be deployed on Contract Work

(Reference Cl. 4.5.4)

# Employment of a qualified site Engineer by the Contractor.

The Contractor shall employ full-time technically qualified staff during the execution of this

work as under: -

1. One graduate Electrical Engineers and three diploma Electrical Engineer when cost of

the work to be executed is more than Rs.50 lakhs.

2. One graduate & two Diploma, Electrical Engineers when the cost of the work to be

executed is more than Rs.15 lakhs but less than Rs.50 lakhs.

3. One graduate & one Diploma, Electrical Engineers when the cost of work is less than

Rs.15 lakhs but more than Rs.5 lakhs.

4. Minimum one Diploma Electrical Engineers for the work when the cost of work to be

executed is less than Rs. 5 lakhs. The Engineer so employed for the Government work

must have sufficient experience to handle the work independently. Such an Engineer

shall have to stay at the site of work and he shall not be entrusted with other duty

except this work.

In case the contractor or partner of the contractor firm is a Graduate Engineer in

respective field, Employment of a separate Engineer will not be necessary provided

that the Engineer partner himself attends the execution of the work on the site.

Within 15 days of issue of work-order the Contractor will have to furnish to the Deputy

Executive Engineer-in-charge of the work the Name, Qualifications, copy of mark sheet,

Colour Photograph and the appointment order issued such engineers engaged for this

contract work. If 15 days after issue of work order such designated Site Engineers do

not resume or do not remain present on site of work, the recovery at the rate of

Rs.15000/Month per Engineer will be made from the bills/deposit/dues of the

contractor. Such recovery shall be non-refundable.

QUALIFICATION INFORMATION

QUALIFICATION INFORMATION

The information to be filled in by the Bidder in the following pages will be used for

the purpose of post qualification as provided for in Clause 4 of the Instruction to Bidders.

This information will not be incorporated in the Contract.

1. For Individual Bidders

1.1 Constitution or legal status of Bidder

Place of registration

Principal place of business

Power of attorney of signatory of Bid

1.2 Total value of Electrical engineering 2025-26

Work performed in the last Seven years 2023-24

(in Rs. Lakhs) 2022-23

1.3.1 Work performed as prime contractor, work performed in the past as a nominated

sub-contractor will also be considered the sub-contract involved execution of all

main items of work described in the bid documents, provided further that all other

qualification criteria are satisfied (in the same name) on works of a similar nature

over the last Seven years** and in current year before the submission of the bid.

Project Name of Description Contract Value of Date Stipulated Actual date Remark

Name the of work No. contract of period of of explaining

Employer (Rs. issue completion completion* reasons for

Crore) of delay &

order Completed

*Attach certificate(s) from the Engineer(s)in-charge

** Immediately preceding the financial year in which bids are received.

1.4 Information on Bid Capacity (works for which bids have been submitted and works

which are yet to be completed) as on the date of this bid.

(A) Existing commitments and on-going works:

Descriptio Plac Contrac Name & Value Stipulate Value of Anticipate

n of e& t No. Address Contrac d Period Works* d of

works Stat of t (Rs. of remainin completio

e Employe Cr) Completio g to be n

*Attach certificate (s) from the Engineer(s) in-charge

** Immediately preceding the financial year in which bids are received.

1.5 Availability of key items of Contractors Equipment for carrying out the works (Ref.

Clause 4.5.5). The Bidder should list all the information requested below.

Item of Requirement Availability Proposals Remarks

Equipment NO Capacity Owned/ Nos/. Age/ (from

Leased to be Capacity Conditions whom to

1.6 Qualifications and experience of key personnel required for administration and

execution of the contract. Attach biographical data. Refer also to Sub Clause 9.1 of the

Conditions of Contract.

Position Name Qualification Year of Year of

Experience experience in

(General) the proposed

Project Manager

1.7 Financial reports for the last five years: balance sheets, profit and loss statements,

auditors’ reports (in case of companies/corporations), etc. List them below and

1.8 Evidence of access to financial resources to meet the qualification requirements:

cash in hand, lines of credit, etc. List them below and attach copied documents.

1.9 Name, address, and telephone, telex, and fax numbers of the Bidders bankers who

may provide references if contacted by the Employer.

1.10 Information on Litigation history in which the Bidder is involved.

Other Party Employer Cause of Amount Remarks

(ies) Dispute Involved showing

1.12. Statement of compliance under the requirements of Sub Clause 3.2 of the instruction

to Bidders. (Name of Consultant engaged for project preparations is * ............................. )

1.13 Proposed work method and schedule. The Bidder should attach descriptions,

drawings and charts as necessary to comply with the requirements of the Bidding

documents. (Refer ITB Clause 4.1)

3. Additional Requirements

3.1 Bidders should provide any additional i n fo r ma t i o n required to fulfill the

requirements of Clause 4 of the Instructions to the Bidders, if applicable.

(ii) Undertaking

SAMPLE FORMAT FOR EVIDENCE OF ACCESS TO OR

AVAILABILITY OF CREDIT FACILITIES

(CLAUSE 4.5.6 OF ITB)

BANK CERTIFICATE

This is to certify that M/s. is a reputed company

with a good financial standing.

If the contract for the work, namely is awarded to the

above firm, we shall be able to provide overdraft/credit facilities to the extent of Rs. …………………

to meet their working capital requirements for executing the above during the contract period.

(Signature) Name of Bank

Senior Bank Manager Address of the Bank

1. I, the undersigned, do hereby certify that all the statements made in the required

attachments are true and correct.

2. The undersigned also hereby certifies that neither our firm M/s.

_ have not abandoned any work

of Government of Gujarat/Government of India/any Board or Corporation under

Government of Gujarat/Government of India nor any contract awarded to us for such

works have been rescinded, during last five years prior to the date of this bid.

3. The undersigned hereby authorize(s) and request (s) any bank, person, firm or

corporation to furnish pertinent information deemed necessary and requested by the

Department to verify this statement or regarding any (our) competence and general

4. The Undersigned understands and agrees that further qualifying information may be

requested, and agrees to furnish any such information at the request of the Department/

Project implementing agency.

(Signed by an Authorized Officer of the Firm)

Title of Officer

I, the undersigned do hereby undertake that our firm

up to 25% of the value of the work during implementation of the contract.

(Signed by an Authorized officer of the firm)

Title of officer

CONDITIONS OF CONTRACT

Conditions of Contract

Table of Contents

A General Page D. Cost Control

1 Definitions 39 37 Bill of Quantities

2 Interpretation 40 38 Changes in the Quantities

3 Language and Law 41 39 Variations

4 Engineer’s Decisions 41 40 Payments for Variations

5 Delegations 41 41 Cash Flow Forecasts

6 Communications 41 42 Payment Certificates

7 Sub-Contractors 41 43 Payments

8 Other Contractors 41 44 Compensations Events

9 Personnel 42 45 Tax

10 Employer’s & Contractor Risk 42 46 Currencies

11 Employers Risks 42 47 Price Adjustment

12 Contractor’s Risk 42 48 Retention

13 Insurance 44 49 Liquidated damages

14 Site Investigations Reports 43 50 Bonus

15 Queries about the Contract 43 51 Advance Payment

16 Contractors to Construct the 43 52 Securities

17 The Works to be Completed By 43 53 Deleted

the Intended Completion Date

18 Approval by the Engineer 43 54 Cost of Repair

20 Discoveries 44 E. Finishing the Contract

21 Possession of the Site 44 55 Completion

22 Access to the Site 44 56 Taking Over

23 Instructions 44 57 Final Account

24 Disputes 44 58 Operating and Maintenance

25 Procedure for Disputes 44

26 Deleted 45 59 Terminations

60 Payment upon Terminations

B. Time Control 61 Property

27 Programme 46 62 Release from Performance

28 Extensions of the Intended

completion date

29 Deleted 46 F. Special Conditions of

30 Delays Ordered by The 47 63 Labour

Engineer 64 Compliance with labour

31 Management Meetings 47 65 Arbitration

32 Early Warning

C. Quality Control

33 Identifying Defects

35 Correction of Defects

36 Uncorrected Defects

CONDITIONS OF CONTRACT

1.1 Terms which are defined in the Contract Data are not also defined in the Conditions of

Contract but keep their defined meaning.

Bill of Quantities means the priced and completed Bill of Quantities forming part of

Compensation Events are those defined in Clause 44 hereunder.

The Completion Date is the date of completion of the Works as certified by the

Engineer in accordance with Sub Clause

The Contract is the contract between the Employer and Contractor to execute,

complete and maintain the Works till the completion of Defects Liability Period. It

consists of the documents listed in Clause 2.3 below.

The Contract data defines the documents and other information which comprise the

The Contractor is a person or corporate body whose Bid to carry out the Work has

been accepted by the Employer.

The Contractor’s Bid is the completed Bidding document submitted by the Contractor

to the Employer and includes Technical and Financial Bids.

The Contract Price is the price stated in the Letter of Acceptance and thereafter as

adjusted in accordance with the provisions of the Contract.

Days are calendar days: months are calendar months.

The Defects Liability Period is the period named in the Contract Data and calculated

from the Completion Date.

The Employer is the party who will employ the Contractor to carry out the Works.

The Engineer is the person named in the Contract Data (or any other competent

person appointed and notified to the contractor to act in replacement of the Engineer)

who is responsible for supervising the Contractor, administering the Contract,

certifying payments due to the Contractor, issuing and valuing Variations to the

Contract, awarding extensions of time, and valuing the Compensations Events.

Equipment is Contractor’s machinery and vehicles brought temporarily to the site to

construct the Works.

The Initial Contract Price is the Contract Price listed in the Employer’s Letter of

The Intended Completion Date is the date on which it is intended that the Contractor

shall complete the Works. The Intended Completion Date is specified in the Contract

Data. The Intended Completion Date may be revised only by the Engineer by issuing

an extension of time.

Materials are all supplies, including consumables, used by the contractor for

incorporation in the works.

Plant is any integral part of the work which is to have mechanical, electrical, electronic

or chemical or biological functions.

The Site is the area defined as such in the Contract Data.

Site Investigation Reports are those which were included in the Bidding documents

and are factual interpretive reports about the surface and subsurface conditions at the

Specifications means the Specifications of the works included in the Contract and any

modification or addition made or approved by the Engineer.

The Start Date is given in the Contract Data. It is the date when the Contractor shall

commence execution of the works. It does not necessarily coincide with any of the Site

Possession Dates.

A Subcontractor is a person or corporate body who has a Contract with the Contractor

to carry out a part of the work in the Contract which includes work on the Site.

Temporary Works are works designed, constructed, installed, and removed by the

Contractor which are needed for construction or installation of the Works.

A Variation is an instruction given by the Engineer, which varies the Works. The

Works are what the Contract requires the Contractor to construct, install,

and turn over to the Employer, as defined in the Contract Data.

2. Interpretation

2.1 In interpreting these Conditions of Contract, singular also means plural, male

also means female or neuter and the other way around. Heading have no

significance. Words have their normal meaning under the language of the

Contract unless specifically defined. The Engineer will provide instructions

clarifying queries about Conditions of Contract.

2.2 If sectional completion is specified in the Contract Data, references in the

Conditions of Contract to the Works, the Completion date, and Intended

Completion Date apply to any Section of the Works (other than references to

the Completion Date and Intended Completion date for the whole works)

2.3 The documents forming the Contract shall be interpreted in the following

order of priority

(2) Letter of Acceptance, notice to proceed with works

(3) Contractor’s Bid

(4) Contract Data

(5) Conditions of Contract including Conditions of Contract

(6) Specifications

(8) Bills of quantities and

(9) Any other document listed in the Contract Data as forming part of the

3. Language and Law

3.1 The language of the Contract and the law governing the Contract are stated in

the Contract Data.

4. Engineers Decisions

4.1 Except where otherwise specifically stated, the Engineer will decide

contractual matters between the Employer and the Contractor in the role

representing the Employer.

5.1 The Engineer may delegate any of his duties and responsibilities to other

people after notifying the Contractor and may cancel any delegation after

notifying the Contractor.

6. Communications

6.1 Communications between parties which are referred to in the conditions are

effective only when in writing. A notice shall be effective only when it is

delivered (in terms of Indian Contract Act).

7. Sub-Contracting

7.1 The Contractor may subcontract any portion of work, up to a limit specified in

contract data, with the approval of the engineer but may not assign the

Contract without the approval of the Employer in writing. Subcontracting

shall not alter the Contractor’s obligations. Sub-contracting of supply or

specific items of work is not allowed.

7.2 The sub-contractor must be registered in appropriate class and category for

the part of work to be subcontracted.

8. Other Contractors

8.1 The Contractor shall cooperate and share the site with other contractors,

public authorities, utilities and the Employer between the dates given in the

Schedule of other Contractor. The Contractors shall as refer to in the Contract

Data, also provide facilities and services for them as described in the

Schedule. The employer may modify the schedule of other contractors and

shall notify the contractor of any such modifications.

9.1 The Contractor shall employ the key personnel named in the Schedule of Key

Personnel as referred to in the Contract Data to carry out the functions stated

in the Schedule or other personnel approved by the Engineer. The Engineer

will approve any proposed replacement of key personnel only if their

qualifications, abilities, and relevant experience are substantially equal to or

better than those of the personnel listed in the Schedule.

9.2 If the engineer asks the Contractor to remove a person who is a member of

the Contractor Staff or his work force stating the reasons the Contractor shall

ensure that the person leaves the Site within seven days and has no further

connection with the work in the Contract.

10. Employer’s and Contractors Risks

10.1 The Employer carries the risk which these Contract states are Employer’s risks,

and the Contractor carries the risks which these Contracts states are

Contractors risk.

11. Employer’s Risks

11.1 The employer is responsible for the excepted risks which are (a) in so far as

they directly affect the execution of the Works, the risks of war, hostilities,

invasion, act of foreign enemies, rebellion, revolution, insurrection or military

or usurped power, civil war, riot commotion or disorder (unless restricted to

the Contractor’s employees), and contamination from any nuclear fuel or

nuclear waste or radioactive toxic explosive.

12. Contractor’s Risks

12.1 All risks of loss of or damages to physical property and of personal injury and

death which arise during and in consequence of the performance of the

Contract other than the excepted risks are the responsibility of the

13.1 The Contractor shall provide, in the joint names of the Employer and the

Contractor, insurance cover from the Start date to the end of the Defects

Liability Period, in the amounts and deductibles stated in the Contract data

for the following events which are due to the Contractor’s risks:

(a) Loss of or damage to the works, Plant and materials,

(b) Loss of or damage to Equipment

(c) Loss of or damages of property (expect the Works, Plant, Materials and

Equipment) in connection with the Contract; and

(d) Personal injury or death.

13.2 Policies and certificates for insurance shall be delivered by the Contractor to

the Engineer for the Engineer’s approval before the Start Date. All such

insurance shall provide for compensation to be payable in the types and

proportions of currencies required to rectify the loss or damage incurred.

13.3 If the Contractor does not provide any of the policies and certificates required,

the Employer may affect the insurance which the Contractor should have

provided and recover the premiums the Employer has paid from payments

otherwise due to the Contractor or, if no payment is due, the payment of the

premiums shall be a debt due.

13.4 Alterations to the terms of insurance shall not be made without the approval

of the Engineer.

13.5 Both parties shall comply with any conditions of the insurance policies.

13.6 Contractor has to submit Contractor All Risk policy for the project.

14. Site Investigation Report

14.1 The Contractor in preparing the Bid shall rely on any site Investigation

reports referred to in the Contract Data, supplemented by any information

available to the Bidder.

15. Queries about the Contract data

15.1 The engineer will clarify queries on the Contract Data

16. Contractor to Construct the Works

16.1 The Contractor shall construct and install the works in accordance with the

specification and Drawings.

17. The Works to be completed by the Intended Completion Date

17.1 The Contractor may commence execution of the Works on the Start Date and

shall carry out the Works in accordance with the programme submitted by

the Contractor, as updated with the approval of the Engineer, and complete

them by the Intended Completion date

18. Approval by the Engineer

18.1 The Contractor shall submit Specifications and Drawings showing the

proposed Temporary works to the Engineer, who is to approve them if they

comply with the Specifications and drawings.

18.2 The Contractor shall be responsible for design of temporary works.

18.3 The Engineer’s approval shall not alter the contractor responsibility for

design of the Temporary works.

18.4 The Contractor shall obtain approval of third parties to the design of the

Temporary works where required.

18.5 All Drawings prepared by the Contractors for the execution of the temporary

or permanent work are subject to prior approval by the Engineer before their

19.1 The Contractor shall be responsible for the safety of all activities on the Site.

SAFETY MEASURES

a) The Contractor shall be responsible for the safety of all workmen and other

persons entering or in the Works and shall take all measures necessary to ensure

their safety to the approval of the Engineer’s Representative.

b) Provision of efficient safety helmets for all personnel including the Engineer’s

Representative and each of his staff and any authorised visitors to site;

c) Provision and maintenance of suitable lighting to provide adequate illumination of

Works with appropriate spares and standby equipment;

d) Provision and maintenance of safe, sound mechanical equipment, each item of

having an up-to- date testing certificates;

e) Provision and maintenance of safe, sound ropes, slings, pulleys and other lifting

tackle, each appliance having an up-to-date testing certificate where appropriate;

f) Provision of notices 1.25m x 1.5 m size written in bold letters in English, Gujarati

and Hindi to be erected on existing footpaths and at points of access likely to be

used by the public, which shall warn the public of the existence of the Works.

These notices shall be in addition to any statutory requirements demanded of the

g) Provision of safety rails (wherever instructed by Engineer in charge)

h) The Contractor shall ensure that all his employees are fully conversant with the

regulation, emergency and rescue procedures etc. and the Contractor shall enforce

the rule that any employee committing a serious breach of such a regulations shall

be instantly dismissed and shall not be re-employed.

i) Contractor shall provide and maintain at his own expenses all lights, guards,

fencing and necessary watchmen when and where necessary or as required by

Owner/Engineer for the protection of the works or for the safety and convenience

of those employed on the works and the public.

j) Contract to shall also provide at his cost traffic barricades, men for diverting and

controlling traffic, necessary signboards for diversion of traffic, in night LED

Blinkers LED rope Light near Excavated trench in the event of failure on the part of

Contractor, Owner may with or without notice to Contractor put up a fence or

improve a fence already put up or provide and/or improve the lighting or adopt

such other measures as he may deem necessary, and all the cost of such work and

procedures as may be adopted by Owner/Engineer shall be borne by Contractor.

Maintenance of adequate warning and general lighting at nights at place of work is

k) Contractor shall take the necessary permission and clearance of all the authorities

like department of Roads, Traffic, Water Supply and Drainage; Electricity Board,

Telephone Company, etc. wherever necessary and observe the regulations

regarding the execution of work in congested areas, heavy traffic areas, etc.

20. Discoveries

20.1 Anything of historical or other interest or of significant value unexpectedly

discovered on the site is the property of the Employer. The contractor is to

notify the engineer of such discoveries and carry out the Engineer’s

instructions for dealing with them.

21. Possession of the Site

21.1 The Employer shall give possession of all parts of the site to the Contractor. If

possession of a part is not given by the date stated in the Contract Data the

Employer is deemed to have delayed the start of the relevant activities and

this will be a Compensation Event.

21.2 If within 25% of the time limit of the project, 80% of possession of the site is

not handed over to the Contractor, then contractor/ Employer may fore-close

the contract. Contractor/Employer has to foreclose the work within 30 days

after lapse of 25%-time limit and after 30 days foreclosure option will be

22. Access to the Site

22.1 The Contractor shall allow the Engineer and any person authorized by the

Engineer access to the Site, to any place where work in connection with the

Contract is being carried out or is intended to be carried out and to any place

where materials or plants are being manufactured/ fabricated/ assembled for

23. Instructions

23.1 The Contractor shall carry out all instructions of the Engineer pertaining to

works which comply with the applicable laws where the site is located.

23.2 The Contractor shall permit the Employer to inspect the Contractor’s accounts

and records relating to the performance of the Contractor and to have them

audited by auditors appointed by the Employer, if so required by the

24.1 If the Contractor is of the view that a decision taken by the Engineer was

either outside the authority given to the Engineer by the Contract or that the

decision was wrongly taken, the decision

(A) Should be referred to as Designated and defined officer as

Dy.MC/HOD/CE/ACE of repetitive Department and also as per GAD

circular No.498/98-99/Dt.07.07.98 with revision time to time in future.

(B) In case disputes remains unsolved it shall be refer to Municipal

25. Procedure for Disputers

25.1 The arbitration shall be conducted in accordance with the arbitration

procedure stated in the Special Conditions of Contract.

B. TIME CONTROL

27.1 Within the time stated in the Contract Data the Contractor shall submit to the

Engineer for approval a Programme showing the general methods,

arrangements orders, and timing for all the activities in the works along with

monthly cash flow forecast.

27.2 An update of the Programme shall be a programme showing the actual

progress achieved on each activity and the effect of the progress achieved on

the timing of the remaining work including any changes to the sequence of the

27.3 The Contractor shall submit to the Engineer, for approval an updated

programme at intervals no longer than the period stated in the Contract data.

If the Contractor does not submit an updated programme within this period,

the Engineer may withhold the amount stated in the Contract data from the

next payment after the date on which the overdue programme has been

27.4 The Engineer’s approval of the programme shall not alter the Contractor’s

obligations. The Contractor may revise the programme and submit it to the

Engineer again at any time. A revised programme is to show the effect of

Variations and Compensations events.

28. Extension of the Intended Completion Date

28.1 The Engineer shall extend the Intended Completion Date if a compensation

Event occurs or a Variation is issued which makes it impossible for

completion to be achieved by the Intended Completion Date without the

Contractor taking steps to accelerate the remaining work and which would

cause the Contractor to incur additional cost.

28.2 The Engineer shall decide whether and by how much stoppage to provided/

to extend the Intended Completion Date within 35 days of the Contractor

asking the Engineer for a decision upon the effect of a compensation event or

Variation and submitting full supporting information. If the Contractor has

failed to give early warning of a delay or has failed to cooperate in dealing

with a delay, the delay by this failure shall not be considered in assessing the

new Intended Completion Date.

28.3 The Engineer shall within 14 days of receiving full justification from the

contractor for extension of Intended Completion Date refer to the Employer

his decision. The employer shall in not more than 21 days communicate to the

engineer the acceptance or otherwise of the Engineer’s decision. If the

employer fails to give his acceptance, the Engineer shall not grant the

extension and the contractor may refer the matter under Clause

30. Delays Ordered by the Engineer

30.1 The Engineer may instruct the Contractor to delay the start or progress of any

activity within the works.

31. Management Meetings

31.1 Either the Engineer or the Contractor may require the other to attend a

management meeting. The business of a management meeting shall be to

review the plans for remaining work and to deal with matters raised in

accordance with the early warning procedure.

31.2 The Engineer shall record the business of management meetings and is to

provide copies of his record to those attending the meeting and to the

Employer. The responsibility of the parties for actions to be taken is to be

decided by the Engineer either at the management meeting or after the

management meeting and stated in writing to all who attended the meeting.

32. Early Warning

32.1 The Contractor is to warn the Engineer at the earliest opportunity of specific

likely future events or circumstances that may adversely affect the quality of

the work, increase the Contract price or delay the execution of works. The

Engineer may require the contractor to provide an estimate of the expected

effect of the future event or circumstance on the contract price and

completion date. The estimate is to be provided by the Contractor as soon as

reasonably possible.

32.2 The Contractor shall cooperate with the Engineer in making and considering

proposals for how the effect of such an event or circumstance can be avoided

or reduced by anyone involved in the work and in carrying out any resulting

instruction of the Engineer.

33. TIME SCHEDULE

Work Completion period will be 14 Months (Including Monsoon) from the

date of issue of work order. Required to complete the work immediately.

Contractor shall have to fail the complete of work in stipulated time VMC have

to take first action for penalty for delay of works. After giving notice for

completion of work, if contractor even not complete the work against time

period mention in notice. VMC have to take action against the contractor for

black list in VMC

C. QUALITY CONTROL

# 33. Identifying Defects/ Defect liability period

 PERIOD OF LIABILITY & GUARANTEE

 The Contractor shall be liable for a period of 5(Five) years after the date of issue of

the certificate of completion of work issued by the Dy. Municipal Commissioner (G)

(FPC) (after Completion of Work). This period shall be deemed as guarantee period

during which, the contractor shall be responsible for rectifying any defects that

may develop in his workmanship & materials (against manufacturing defect)

within the time specified by the Owner. If contractor fails to rectify that defect,

owner reserves the right to complete that job at the risk and cost of the contractor

and such cost will be adjusted against the security deposit, the contractor shall be

liable during guarantee period of one year to rectify any defects that may develop

after erection of supplied materials at the risk and cost of the contractor.

33.1 : Defect liability period:

The contractor shall be responsible to make good and remedy at his own

expense any defect which may develop or may be noticed before the period

mentioned hereunder from the certified date of completion. The Engineer in

charge shall give the contractor a notice in writing about the defects and the

contractor shall make good the same within 15 days of receipt of the notice. In

the case of failure on the part of the contractor, the Engineer- in-charge may

rectify or remove or re-execute the work at the risk & cost of the contractor.

The Engineer-in-charge shall be entitled to appropriate the whole or any part

of the amount of security deposit towards the expenses, if any, Incurred by

him in rectification, removal or re-execution. The Defects Liability period shall

The defect liability period shall of duration mentioned in contract data and

shall start from date of final completion of entire work and acceptance of

work by VMC. During defect liability period, the Contractor shall make good

any defect whatsoever nature observed in different works equipment, or in

part of plant or equipment by modifying/replacing/repairing of such

defective units or parts there at his own cost within a period of ten days on

hearing from Engineer-in-charge/VMC about such defect during liability

period. In case, if Contractor’s fails to do so, it will be got done by VMC and

entire cost shall be recovered from Contractor’s Security

deposit/performance guarantee or other dues as may be possible.

(a) For all works costing up to Rs. 50,000 (amount put to tender), the period shall

be 3 Months from the certified date of completion.

(b) For all works costing more than Rs. 50,000 and up to Rs. 1 crore (amount put

tender), the period shall be 12 (Twelve) months from the certified date of

completion or one monsoon, whichever is later.

(c) For major projects costing more than Rs. 1 crore, the period shall be

Months from the certified date of completion which should include three

(d) For original building works the defect liability period will be 4 years or elapse

of 4 monsoon period following date of possession of building taken over by

user agency following the certified date of completion, whichever is later.

For the purpose of deciding the monsoon period, the 30th September shall be

treated as the last date.

Modified vide R & B D Circular No. PAC-11-102008-2076-N dated 31/8/2009,

PRCH/102013(2976) 2759-N, Dated 27/05/2013 and Circular

No.TNC/10/2016/Clause 17A (Correction/(1)C Dated 12/05/2016]

34.1 If the engineer instructs the Contractor to carry out a test not specified in the

Specification to check whether any work has a Defect and the test shows that

it does, the Contractor shall pay for the test and any samples. If there is no

defect the test shall be a Compensation Event.

34.2 All test and types of tests to be performed as per IS specifications and

instruction of EIC. In case if it is not done or up to the mark by bidder, 1%

deduction form the work done in particular RA bill should be done.

34.3 THIRD PARTY INSPECTION

All the Major Electronics/Electrical/Mechanical Equipment/Materials /works

shall be subjected third party inspection as stated in technical specifications

from approved TPI Agency by VMC only at manufacturer’s works with their

test certificates satisfying the IS requirements. Third party inspection charges

for all above material shall be borne by the bidder.

If VMC/ PMC/ TPI Engineers intend to witness the testing at manufacturer’s

works Entire expenses of said testing, including to & from traveling by Air,

lodging and boarding etc. of maximum Two VMC/ PMC Engineers and 1 Third

Party Inspector shall be borne by the bidder.

35. Correction of defects

35.1 The engineer shall give notice to the Contractor of any defects before the end

of the defects Liability Period, which begins at Completion and is defined in

the contract data. The Defects Liability Period shall be extended for as long as

Defects remain to be corrected.

35.2 Every time notice of a Defect is given, the Contractor shall correct the notified

defect within the length of time specified by the Engineer’s notice.

36. Uncorrected Defects

36.1 If the Contractor has not corrected a defect within the time specified in the

Engineer’s notice, the Engineer will assess the cost of having the Defect

corrected, and the Contractor will pay this amount.

D. COST CONTROL

37. Bill of Quantities

37.1 The bill of Quantities shall contain items for the constructions, installation,

testing and commissioning work to be done by the Contractor.

37.2 The bill of Quantities is used to calculate the Contract price. The Contractor is

paid for the quantity of the work done at the rate in the Bill of Quantities for

38. Change in the Quantities

38.1 The Engineer shall have power to make any alterations in or addition to the

original specifications , drawings, designs and instructions that may appear to

him to be necessary or advisable during the progress of the work and the

contractor shall be bound to carry out the work in accordance with any

instruction in this connection which may be given to him in writing signed by

the Engineer and such alteration shall not invalidate the contract and any

additional work which the contractor may be directed to do in the manner

above specified as part of the work shall be carried out by the contractor on

the same conditions in all respects on which he agreed to do the main work

and at the same rate as are specified in the tender for the main work.

Except that when the quantity of any item exceeds the quantity as in the

tender by more than 130%, the contractor will be paid for the quantity in

excess of 130%, at the rate entered in the SOR of the year during which the

excess in quantity is first executed.

39.1 All Variations shall be included in updated programmes produced by the

40. Payments for Variations

40.1 If the additional or altered work includes any class of work for which no rate

is specified in this contract, then such class of work shall be carried out as

(i) At the rate derived from the item within the contract which is comparable to

the one involving additional or altered class of work; where there are more

than one comparable items, the item of the contract which is nearest in

comparison with regard to class or classes of the work involved shall be

selected and the decision of the Add. City Engineer as to the nearest

comparable item shall be final and binding on the contractor.

(ii) If the rate cannot be derived in accordance with (i) above, such class of works

shall be carried out at the rate entered in the Schedule of Rates of the division

for the year in which the tender was received, increased or decreased by the

percentage by which the tender amount is more or less as compared to the

amount arrived at the rates in the “Schedule of Rates” of the Division in the

year in which the tender was received. If the Schedule of rates of the Division

does not contain all the items, the percentage increase or decrease of the

tender shall be calculated considering such items which were included in the

“Scheduled Rates” of the division for the year and for materials consumed on

such item the rate to be charged would be the basic rate taken into account

for fixing the rate in S.O.R. referred to above.

(iii) If it is not possible to arrive at the rate from (i) and (ii) above, such class of

work shall be carried out at the rate decided by the competent authorities on

the basis of detailed rate analysis after hearing the contractor as per powers

delegated to VMC officials.

40.2 If the additional or altered work, for which no rate is entered in the “Schedule

of Rates” of the Division is ordered to be carried out before the rate is agreed

upon, then the contractor shall within seven days of the date of receipt by him

of the order to carry out the work, inform the Engineer-in-charge of the rate,

which it is his intention to charge for such class of work and if the Engineer in

charge does not agree to this rates, he shall by notice in writing be at liberty

to cancel his order to carry out such class of work and arrange to carry it out

in such manner as he may consider it advisable, provided always that if the

contractor shall commence work or incur any expenditure in regard thereof

before the rates shall have been determined as lastly herein before

mentioned, then in such cases he shall only be entitled to be paid in respect of

the work carried out or expenditure incurred by him prior to the date of the

determination of the rate as aforesaid according to such rate or rates as shall

be fixed by the Engineer-in-charge. In the event of the dispute, the decision of

the HOD of the Futuristic Planning Cell (FPC) shall be final.

Where, however, the work is to be executed according to the designs,

drawings and specifications recommended by the contractor and accepted by

the competent authority, the alternation above referred to shall be within the

scope of such designs, drawings and specifications appended to the tenders.

The time limit for the completion of the work shall be extended in the

proportion that the increase in the cost occasioned by alterations bears to the

cost of the original work and the certificate of the Engineer-in-charge as to

such proportion shall be final and conclusive.

41. Cash Flow Forecasts

41.1 When the programme is updated, the contractor is to provide the engineer

with an updated cash flow forecast.

43. Compensation events

43.1 The following are compensation Events unless they are caused by the

(a) The Employer does not give access to a part of the Site by the site

Possession date stated in Contract data to the Contractor

43.2 In case of compensation event occurs and it prevents the work being

completed beyond the Intended Completion Date then Authority will

approve EOT (Extension of Time) with eligible contractual price escalation.

44.1 The rates quoted by the Contractor must be inclusive of all taxes. However,

any subsequent changes in the tax structure by Government after due date of

bid submission will be compensated (+/-) on availability or submission of

actual documentation. Contractor will have to intimate Engineer regarding

changes occurred in the tax structure after bid submission. If the contractor

fails to provide such information and if any financial obligation may arise due

to change in tax structure, same will be recovered from the contractor.

44.2 GST will be paid by contractor on the bills. Hence, it is the responsibility of the

contractor to pay the GST to the concerned Authority.

45. Currencies.

45.1 All payment shall be made in Indian Rupees.

46. Price Adjustment

47.1 The Employer shall retain from each payment due to Contractor the

proportion stated in the Contract Data until Completion of the whole of the

47.2 On Completion of the whole of the Works half the total amount retained is

47.2 On Completion of the whole of the Works half the total amount retained is

repaid to the Contractor and half when the Defects Liability Period has passed

and the Engineer has certified that all Defects notified by the Engineer to the

Contractor before the end of this period have been corrected.

47.3 On completion of the whole works, the contractor may substitute retention

money with an “on demand” Bank guarantee.

In case, Contractor requests for refund of the Retention Money

deducted by the Employer under the provision of this clause, Employer shall

consider the said request of the Contractor provided that the refund

hereunder shall be made in tranches of not less than 1% (One Percent) of the

Contract Price and Contractor furnishes an irrevocable and unconditional

Bank guarantee for an equal amount substantially in the format of Bank

Guarantee for Performance Guarantee enclosed with SBD and valid up to

day beyond the scheduled / extended Defects Liability Period. On completion

of the whole works, the contractor has however an option to submit a fresh

irrevocable and unconditional Bank Guarantee for an amount equal to 2.5% of

the total value of work executed substantially in the format of Bank Guarantee

for Performance Guarantee enclosed with SBD and valid up to 60 days beyond

the Defect Liability Period and yet refund the Retention Money Bank

Guarantee submitted for refund of Retention Money.

48. Liquidated Damages

48.1 The Contractor shall pay liquidated damages to the Employer at the rate per

day stated in the Contract Data for each day that the Completion Date is later

than the Intended Completion Date (for the whole works or the milestone as

stated in the contract data). The total amount of liquidated damages shall not

stated in the contract data). The total amount of liquidated damages shall not

exceed the amount defined in the Contract Data. The Employer may deduct

liquidated damages from payment due to the Contractor. Payment of

liquidated damages does not affect the Contractor’s liabilities.

48.2 If the Intended Completion Date is extended after liquidated damages have

been paid, the Engineer shall correct any overpayment of liquidated damages

by the Contractor by adjusting the next payment certificate. The Contractor

shall not be entitled for any interest on the over payment calculated from the

date of payment to the date of repayment.

48.3 If the contractor fails to comply with the time for completion as stipulated in

the tender, then the contractor shall pay to the employer the relevant sum

stated in the Contract Data as Liquidated damages for such default and not as

penalty for everyday or part of day which shall elapse between relevant time

for completion and the date stated in the taking over certificate of the whole

of the works on the relevant section, subject to the limit stated in the contract

The employer may, without prejudice to any other method of recovery

deduct the amount of such damages from any monies due or to become due to

the contractor. The payment or deduction of such damages shall not relieve

the contractor from his obligation to complete the works on from any other of

his obligations and liabilities under the contract.

48.4 If, before the Time for Completion of the whole of the Works or, if applicable

any Section, a Taking Over Certificate has been issued for any part of the

Works or of a Section, the liquidated damages for delay in completion of the

remainder of the Works or of that Section shall, for any period of delay after

the date stated in such Taking-Over-Certificate, and in the absence of

alternative provisions in the Contract, be reduced in the proportion which the

value of the part so certified bears to the value of the whole of the Works or

Section, as applicable. The provisions of this Sub-clause shall only apply to the

rate of liquidated damages and shall not affect the limit thereof.

51. Advance Payment.

54. Cost of Repairs.

 Loss or damage to the Works or Materials to be incorporated in the Works

between the Start date and the end of Defects Correction periods shall be

remedied by the Contractor at the Contractor’s cost if the loss or damages

arises from the Contractor’s acts or omissions.

E. FINISHING THE CONTRACT

 The Contractor shall request the Engineer to issue a Certificate of Completion

of the works and the Engineer will do so upon deciding that the work is

56. Taking Over

 The Employer shall take over the Site and the Works within seven days of the

Engineer issuing a certificate of Completion.

57. Final Account

 The Contractor shall supply to the Engineer a detailed final account of the

total amount that the Contractor considers payable as full and final settlement

total amount that the Contractor considers payable as full and final settlement

of all claims under the Contract for items before the end of the Defects

Liability Period. The Engineer shall issue a Defect Liability Certificate and

certify any final payment that is due to the Contractor within 56 days of

receiving the Contractor's account if it is correct and complete. If it is not, the

Engineer shall issue within 56 days a schedule that states the scope of the

corrections or additions that are necessary. If the Final Account is still

unsatisfactory after it has been resubmitted, the Engineer shall decide on the

amount payable to the Contractor and issue a payment certificate, within

days of receiving the Contractor’s revised account.

 If reversal in characteristic of tender (L1 becoming L2) on account of excesses

and savings in final account is observed, the Engineer/Employer shall be at

liberty to restrict the final payment of BOQ items to the lowest amount

evaluated of the bids considering the final quantities and the rates quoted

including the rebates if any. Payment of variation items shall however be

made at the rates approved by the Employer, within 90 days from the physical

completion of work.

58. Operating and Maintenance Manuals

 If “as built” drawings and/or operating and maintenance manuals are

required, the Contractor shall supply them by the dates stated in the Contract

 If the Contractor does not supply the Drawings and/or manuals by the dates

stated in the Contract data, or they do not receive the Engineer’s approval, the

Engineer shall withhold the amount stated in the Contract Data from

payments due to the Contractor.

59. Termination

 The Employer or the Contractor may terminate the Contract if the other party

causes a fundamental breach of the Contract.

 Fundamental breaches of Contract include, but shall not be limited to the

 The contractor stops work for 28 days when no stoppage of work is

shown on the current programme and the stoppage has not been

authorized by the Engineer

 The Engineer instructs the Contractor to delay the progress of the Works

and the instructions is not withdrawn within 28 days;

 The Employer or the Contractor is made bankrupt or goes into liquidation

other than for a reconstructions or amalgamation

 A payment certified by the Engineer is not paid by the Employer to the

Contractor within 56 days of the date of the Engineer’s certificate

 The Engineer gives Notice that failure to correct a particular Defect is a

fundamental breach of Contract and the Contractor fails to correct it

within a reasonable period of time determined by the Engineer;

 The Contractor does not maintain a security which is required;

 The Contractor has delayed the completion of works by the number of

days for which the maximum amount of liquidated damages can be paid as

defined in the Contract data; and

 If the Contractor, in the judgment of the Employer has engaged in corrupt

or fraudulent practices in competing for or in executing the Contract.

For the purpose of this paragraph: “corrupt practice” 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.

“Fraudulent practice” 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

 When either party to the Contract gives notice of a breach of contract to the

Engineer for a cause other than those listed under Sub Clause 59.2 above, the

Engineer shall decide whether the breach is fundamental or not.

 Notwithstanding the above, the employer may terminate the Contract for

60. Payment upon Termination

 If the Contract is terminated because of a fundamental breach of Contract by

the Contractor, the Engineer shall issue a Certificate for the value of the work

done less advance payments received up to the date of the issue of the

certificate, less other recoveries due in terms of the contract, less taxes due to

deducted at source as per applicable law and less the percentage to apply to

the work not completed as indicated in the Contract data. Additional

Liquidated Damages shall not apply. If the total amount due to the Employer

Liquidated Damages shall not apply. If the total amount due to the Employer

exceeds any payment due to the Contractor the difference shall be a debt

payable to the Employer.

 If the Contract is terminated at the Employer’s convenience or because of a

fundamental breach of Contract by the Employer, the Engineer shall issue a

certificate for the value of the work done, the cost of balance material brought

by the contractor and available at site, the reasonable cost of removal of

equipment, repatriation of the Contractor’s personnel employed solely on the

works, and the Contractor’s cost of protecting and securing the Works and

less advance payment received up to the date of the certificate, less other

recoveries due in terms of the contract and less taxes due to deducted at

source as per applicable law.

 All materials on the Site, Plant Equipments, Temporary Works and Works are

deemed to be property of the Employer, if the Contract is terminated because

of a Contractor’s default.

62. Release from Performance

 If the Contract is frustrated by the outbreak of war of by any other event

entirely outside the control of either the Employer or the Contractor the

Engineer shall certify that the Contract has been frustrated. The Contractor

shall make the Site safe and stop work as quickly as possible after receiving

this certificate and shall be paid for all work carried out before receiving it

and for any work carried out afterwards to which commitment was made.

F. SPECIAL CONDITIONS OF CONTRACT

The Contractor shall, unless otherwise provided in the Contract, make

his own arrangements for the engagement of all staff and labour, local or

other, and for their payment of housing, feeding and transport.

The Contractor shall, if required by the Engineer, deliver to the

Engineer a return in detail, in such form and at such intervals as the Engineer

may prescribe, showing the staff and the numbers of the several classes of

labour from time to time employed by the Contractor on the site and such

other information as the Engineer may require.

64. COMPLIANCE WITH LABOUR REGULATIONS

During continuance of the contact, the Contractor and his sub-

contractor shall abide at all times by all existing labour enactments and rules

made thereunder, regulations, notification and bye laws of the State or central

Government or local authority and any other labour law (including rules),

regulations, bye laws that may be passed or notifications that may be issued

under any labour law in future either by the State or the Central Government

or the local authority. Salient features of some of the major labour laws that

are applicable to the construction industry are given below. The Contractor

shall keep the Employer indemnified in case any action is taken against the

Employer by the competent authority on account of contravention of any of

the provisions of any Act or rules made thereunder, regulations or

notifications including amendments. If the Employer is caused to pay or

reimburse, such amounts as may be necessary to cause or observe, or for

observance of the provisions stipulated in the notifications/bye

laws/Acts/Rules/regulations including amendments, if any, on the part of the

Contractor, the Engineer/employer shall have the right to deduct any money

due to the Contractor including his amount of performance security. The

Employer/Engineer shall also have the right to recover from the Contractor

any sum required or estimated to be required for making good the loss or

damage suffered by the Employer.

The employees of the Contractor and the Sub-Contractor in no case shall be

treated as the employees of the Employer at any point to time.

SALIENT FEATURES OF SOME MAJOR LABOUR AND OTHER LAWS APPLICABLE TO

ESTABLISHMENTS ENGAGED IN BUILDING AND OTHER CONSTRUCTIONS WORK

A) Workmen Compensation Act 1923 :- The Act provides for compensation in

case of injury by accident arising out of and during the course of employment.

B) Payment of Gratuity Act. 1972 :- Gratuity is payable to an employee under the

Act on satisfaction of certain conditions on separation if an employee has

completed 5 years’ service or more on death, the rate of 15 days wages for every

completed year of service. The Act is applicable to all establishments employing

10 or more employees.

C) Employees P.F. and Miscellaneous Provision Act 1952:- The Act Provides for

monthly contributions by the employer plus workers @ 10% or 8.33% The

benefits payable under the Act are :

1. Pension or family pension on retirement or death, as the case may be.

2. Deposit linked insurance on the death in harness of the worker.

3. Payment of P.F. accumulation on retirement/death etc.

D) Maternity Benefit Act 1951 :- The Act provides for leave and some other

benefits to women employees in case of confinement or miscarriage etc.

E) Contract Labour (Regulation & Abolition) Act 1970 : The Act provides for

certain welfare measures to be provided by the Contractor to contract labour and

in case the Contractor fails to provide, the same are required to be provided, by

the Principal Employer by Law. The principal Employer is required to take

Certificate of Registration and the Contractor is required to take license from the

designated Officer. The Act is applicable to the establishments or Contractor of

Principal Employer, if they employ 20 or more contract labour.

F) Minimum Wages Act 1948 :- The Employer is supposed to pay not less than the

Minimum Wages fixed by appropriate Government as per provisions of the Act, if

the employment is a scheduled employment. Construction of Building, Roads,

Runways are scheduled employment.

G) Payments of wages Act 1936:- It lays down as to by what date the wages are to

be paid, when it will be paid and what deductions can be made from the wages

of the workers.

H) Equal remunerations Act 1979 :- The Act provides for payment of equal

wages for work of equal nature to Male and Female workers and for not making

discrimination against female employees in the matter of transfer, training and

promotions etc.

I) Payments of Bonus Act 1965 :- The Act is applicable to all establishments

employing 20 or more employees. The Act provides for payments of annual

bonus subject to a minimum of 8.33% of wages and maximum of 20 % of wages

to employees drawing Rs. 3500/- per month or less. The bonus to be paid to

employees getting Rs, 2500/- per month or above Rs. 3500/- per month shall be

worked out by taking wages as Rs. 2500/- per month only. The Act does not

apply to certain establishments. The newly set-up establishments are exempted

for five years in certain circumstances. Some of the State Governments have

reduced the employment size from 20 to 10 for the purpose of applicability of

J) Industrial Disputes Act 1947 :- The Act lays down the machinery and

procedure for resolutions of Industrial disputes, in what situations a strike or

lock-out becomes illegal and what are the requirements for laying off or

retrenching the employees or closing down the establishment.

K) Industrial employment (standing Orders) Act 1946 :- It is applicable to all

establishments employing 100 or more workmen (employment size reduced by

some of the State and Central Government to 50). The Act provides for laying

down rules governing the conditions of employment by the Employer on

matters provided in the Act and get the same certified by the designated

L) Trade Unions Act 1926:- The Act lays the procedure for registration of trade

unions of workmen and employers. The Trade Unions registered under the Act

have given certain immunities from civil and criminal liabilities.

M) Child Labour (Prohibition & Regulation Act 1986 :- The Act prohibits

employment of children below 14 years of age in certain occupations and

process and provides for regulation of employment of children in all other

occupations and processes. Employment of Child labour is prohibited in Building

and Construction Industry.

N) Inter – State Migrant workmen’s (Regulation of Employment & Conditions

of service) Act 1979:- The Act is applicable to an establishment which employs

5 or more inter-state migrant workmen through an intermediary (who has

recruited workmen in one state for employment in the establishment situated in

another state).The inter-state migrant workmen, is an establishment to which

this Act becomes applicable, are required to be provided certain facilities such as

housing, medical aid, traveling expenses from home upto the establishment and

O) The Building and Other Construction workers (Regulation of employment

and Conditions of Service) Act 1996 and the Cess Act of 1996:- All the

establishments who carry on any building or other constructions work and

employ 10 or more workers are covered under this Act.

All such establishments are required to pay cess at the rate not exceeding 2% of

the cost of construction as may be modified by the government. The Employer of

the establishment is required to provide safety measures at the Building or

construction work and other welfare measures, such as canteens, First Aid

facilities, Ambulance, Housing accommodations for workers near the workplace

etc. The Employer to whom the Act applies has to obtain a registration

certificate from the Registering Officers appointed by the Government.

P) Factories Act 1948 :- The Act lays down the procedure for approval of plans

before setting up a factory, health and safety provisions, welfare provisions,

working hours, annual earned leave and rendering information regarding

accidents or dangerous occurrences to designated authorities. It is applicable to

premises employing 10 persons or more with aid of power or 20 or more

persons without the aid of power engaged in the manufacturing process.

Q) Royalty charges-The contractor shall pay the royalty to the competent

authority as per rule. The royalty charges paid shall be borne by the

contractor and shall not be reimbursed by the Employer.

R) Following Pollution Control Acts and amendments made thereof

from time to time shall be applicable.

1. Water (Preservation and control of Pollution) Act,

2. Air (Prevention and Control of Pollution Act

3. Environmental (Protection) Act

The contractor must commit to adopting Environmental management

plan for best energy use, waste management, the reduction of pollution as

in EMS (Environmental Management system) ISO-14001-

65. ARBITRATION (GCC Clause 24)

The procedure for arbitration will be as follows: -

24.1 If the Contractor is of the view that a decision taken by the Engineer was either

outside the authority given to the Engineer by the Contract or that the decision

was wrongly taken, the decision shall be referred to HOD-Futuristic Planning

Cell (FPC) within 14 days of the notification of the Engineer's decision. If the

issue is not resolved, any party can refer the matter for conciliation within

days from the decision given by the HOD – FPC.

(a) For the work up to Rs.100 Cr., if any of the parties is not satisfied with the

decision of the Add. City Engineer, both the parties have to refer to the

Municipal Commissioner, Vadodara concerned for the conciliation

 If the dispute is not resolved through the conciliation process, contractor

may refer the dispute to Arbitration. Arbitration and legal

matters/proceedings associated within this scope/tender shall be subject

to Vadodara Court’s Jurisdiction only. If the Contractor fails to refer a claim

/ dispute to the Higher Authority within 14 days of the notification of the

Engineer's decision, the Contractor shall not be entitled to any additional

payment/claim if he doesn’t follow the above sequence in stipulated time.

However, during such period, he would not stop the work in any case.

1) The Tenderer shall have to give twelve months guarantee of all items

against manufacturing defect from the date of commissioning.

2) The Tenderer shall make necessary storage arrangement with security.

3) Erection of all materials, sundries will be carried out as per technical

specification. In absence of specification, work shall be carried out as per

instruction of Engineer- in-charges.

4) The contractor shall provide all necessary materials, equipment’s,

labours, etc. for erection, testing and commissioning work at his own

cost and risk till completion.

5) In case of any dispute in the specification, term and conditions, the

decision of the Dy. Municipal Commissioner (G) shall be final and

binding to the contractors.

6) The tender shall remain valid for acceptance for a period of 120 days

from the date of opening of the price bid. The Tenderer shall not be

entitled during the said period of 120 days to revoke or cancel his tender

or to vary the tender or to vary the given or any term thereof. In case of

tender revoking or canceling his tender or revoking the same or vary in

term in regard to thereof, the Owner shall forfeit the earnest money

paid by him along with the tender.

7) 2% EMD & 3% S.D shall be paid as per Clause no.16

8) Penalty for the late work completion shall be at the rate of 0.5% of

the work order value per week and maximum up to 10%.

9) The rates quoted by the Tenderer shall be inclusive of all taxes and duties.

10) The successful Tenderer shall be required to execute an agreement

within 15 days from the date of issue of the work order. In the event of

failure on the part of the successful Tenderer to sign the agreement

within the above stipulated time period the earnest money or his initial

Security Depositwill be forfeited andthe acceptance of the tender shall be

considered as cancelled.

11) Conditional tender will not be accepted.

12) The price escalation or variation clause will not be accepted.

13) The material shall be dispatched only after third party inspection is

completed and issuance of release note when it requires. The

Tenderer shall have to arrange necessary storage arrangements at his

cost if corporation will not have suitable place for storage.

14) VMC reserves the right to issue work order in part or full to the

successful bidder. Successful bidder will have no right to claim loss of

business in this regard Contractor will not be allowed to start work

before installing the caution board on both the end & all major crossing

of the road. Caution boards shall be installed before commencement of

the work and it shall be removed after commissioning of the work.

15) If safety measures will not be observed by the contractors, then he

will be responsible for any accident occur due to his negligence.

16) In case of site clearance is not available due to any reason; suitable

extension shall be given to the contractor to carry out the work.

17) In case of Wrong / Misleading / Misappropriate information /

Certificate and references submitted by the Tenderer, then his tender is

liable to be rejected, EMD shall be forfeited and he will not be allowed to

participate in future tenders.

Item marked “N/A” do not apply to this Contract.

Clause Reference With respect To section

1. The Employers is [CL.1.1]

Name: Executive Engineer (Water Works:

Address: Sardar Vallabhbhai Patel Planetarium

Vadodara Municipal Corporation,

Vadodara-390001

Name of authorized Representative (will be

intimated later)

2. The Engineer is The Deputy Executive Engineer

(Planetarium), Sardar Vallabhbhai

Patel Planetarium (SVPP),

Vadodara Municipal Corporation.

Name of Authorized Representative: The Executive

Engineer (Water Works:

Ele./Mech.), Vadodara –

Sardar Vallabhbhai Patel

Planetarium (SVPP), Vadodara

Municipal Corporation, Vadodara.

3. The Defect Liability Period is 60 Moths from the date [CL.1.1&33]

4. The Start Date shall be 1st days for the date of issue [CL.1.1]

of the Notice to proceed with the work.

5. The Intended Completion Date for the whole of the [CL.1.1,17&2]

14 Months after start of work

6. The Site is located at Across Vadodara city and [CL.1.1]

Outside city area.

7. The name and identification number of the Contract [CL.1.1]

 The scope of works consists of “Design, Engineering, Supply, Installation,

Testing & Commissioning of (1) NEW LASER PROJECTORS (FOR 2D

TECHNOLOGY) FULLDOME DIGITAL PLANETARIUM SYSTEM, (2) NEW

SOUND SYSTEM & (3) NEW 12.5 METER NANO SEAM POWDER COATED

PERFORATED ALUMINIUM CO-CENTRIC DOME of Sardar Vallabhbhai Patel

Planetarium (SVPP) at Sayajibaug with 10 Years of Comprehensive Operation

 Supply, Installation, Testing & Commissioning of SKY ON WHEEL System along with

Vehicle & Two Manpower [(1) Driver & (2) Operator]

 Testing of materials at manufacturer’s works according to relevant IS/tender

 Corporation will appoint Third Party agency for inspection of materials

at manufacturing work/on site and site works. Inspecting charges shall

be paid by the Contractor.

 As per VMC required materials shall be delivered to site after third party

inspection and without any damage during transportation and handling.

 Material shall be dispatched FOR Vadodara in the store or at site within the

Municipal limit as per instruction of Engineer-In-Charged.

 The detailed Scope of Work in accordance with this specification is elaborated

below. Scope of Supply & Work includes all design, engineering, manufacture,

procurement & supply of equipments and materials, testing at manufacturers works,

inspection, testing at works, packing and forwarding, supply, transportation, receipt,

unloading and storage at site (indoor and outdoor), associated civil works, Laser

Projector mounting structure, Perforated Dome, Cables, Power Conditioning

Units/UPS, ACDB, associated protection system, remote monitoring system, other

associated equipments for 2D-4K Full Dome Digital Planetarium System, permits,

licenses, insurance at all stages, erection, testing and commissioning of Laser

Projectors and Performance demonstration with associated equipment and

materials on EPC basis.

 In addition to that as & When as per requirement Acoustic Blanket should be

provided by the bidder.

 Dismantling of Existing Dome & Projector & An old projector must be kept inside A

Suitable Enclosure must be provided by the bidder.

 Supply, Installation, Testing & Commissioning of Humidifiers as & when as per the

requirement e.g. in control room.

 Structure Stability Report & Its Analysis with the corrective measures shall be done

 Separate Manpower Deployment for the planetarium as well as sky on wheels.

 Detailed Scope of Work has been attached in separate Volume #3 & Volume #4 –

Signature of Tenderer(s) with the seal of the firm.

(C) Other Items [CL.1.1]

Any Other Items as required to fulfill all contractual obligations as

per the Bid documents.

10. The following documents also form part of the Contract: [CL.2.3(9)]

As per clause 2-3

The law which applies to the Contract is the law of Union of India [CL.3.1]

The language of the Contract documents is English [CL.3.1]

Limit of subcontracting 25% of the Initial Contract Price [CL.7.1]

The Schedule of Other Contractors [CL.8]

The Schedule of Key Personnel As per Annex – II to Section I [CL.9]

 The minimum insurance cover for physical property, injury and [CL13]

death is Rs. 5 lakhs per occurrence with the number of

occurrences limited to four. After each occurrence, the contractor

will pay an additional premium necessary to make insurance valid

for four occurrences always.

 Contractor has to submit CAR policy for the project.

 Hon.Supreme Court/High Court guideline as well as

implementation of manual Scavenging Act & Rules(2013

including latest amendment) must be strictly followed by bidder

for Drainage wok for better safety workmen.all Work must be

carried out by using safety equipment and by mechanical

equipment by the bidder.

 The Bidder will be responsible to pay minimum Rs.30Lakhs in

addition to the compensation paid by the Government in case of

Death of Workman while execution of the work.

Site Investigation report : VMC did not have any data readily [CL.14]

available. Same shall be assessed by bidder before bidding.

18. The Site Possession dates shall be …………………….. [CL.21]

19. The period for submission of programme for approval of the [CL. 27.1]

engineer shall be 21 days from the issue of Letter of Acceptance.

20. The period between program updates will be days. [CL.27.3]

The Municipal Commissioner,

Vadodara Municipal Corporation

Khanderao Market,

Reference is made to the tender invited for the work of following item/items for decorative

Name of work: TENDER BID FOR Design, Engineering, Supply, Installation, Testing &

Commissioning of (1) NEW LASER PROJECTORS (FOR 2D TECHNOLOGY) FULLDOME DIGITAL

PLANETARIUM SYSTEM, (2) NEW 5.1 SOUND SYSTEM & (3) NEW 12.5 METER NANO SEAM POWDER

COATED PERFORATED ALUMINIUM CO-CENTRIC DOME of Sardar Vallabhbhai Patel Planetarium

(SVPP) at Kamatibaug with 10 Years of Comprehensive Operation & Maintenance. I / We have

examined the drawings, General conditions of contract, specifications, etc. as given in Tender

Document to the above work. I/We hereby offer to undertake above referred work. In conformity

with the specification, general and special conditions of contract etc. as given in Tender Document

at the respective rate mentioned in my/our Tender.

I/We undertake to complete the supply indicated above within the specified time limit mentioned

in the tender document from the date of receipt of purchase order.

I/We have deposited as earnest money a sum of Rs.44,97,090/- (Rupees Forty Four Lac Ninety

Seven Thousand & Ninety Only) as indicated. The said amount is not to bear any interest and I

/we do hereby agree that this sum shall be forfeited in the event of failure to execute the contract

agreement after acceptance of the tender by the owner.

I/We understand that you are not bound to accept the lowest or any tender that you may receive.

Yours faithfully,

Name of Partners / Directors of the Firm

(A) GENERAL DESCRIPTION OF WORK: TENDER BID FOR Design, Engineering, Supply, Installation,

Testing & Commissioning of (1) NEW LASER PROJECTORS (FOR 2D TECHNOLOGY) FULLDOME

DIGITAL PLANETARIUM SYSTEM, (2) NEW 5.1 SOUND SYSTEM & (3) NEW 12.5 METER NANO SEAM

POWDER COATED PERFORATED ALUMINIUM CO-CENTRIC DOME of Sardar Vallabhbhai Patel

Planetarium (SVPP) at Sayajibaug with 10 Years of Comprehensive Operation & Maintenance.

(B) TENDER FEE AMOUNT : Rs.20,000/- (Rupees Twenty Thousand Only.)

(C) EARNEST MONEY DEPOSIT : Rs.44,97,090/- (Rupees Forty Four Lac Ninety Seven

Thousand & Ninety Only) The Earnest money is payable as per the tender notice and

clause 16 of General Instructions to Tenderer.

(D) SECURITY DEPOSIT : 3 % contract amount will be paid in the manner set in clause 16 of the

General Instructions of Tender.

(E) TIME ALLOWED FOR COMPLETION: 14 Months (Including Monsoon)

1) Should this tender be accepted, I/We hereby agree to abide by and fulfill all terms and

conditions referred to above and in default hereof to forfeit and pay to the owner or its successors

or its authorized nominees, such sum of money as is stipulated in the conditions contained in

General Tender Notice and other documents.

2) I/We hereby pay/submit the earnest money Rs.44,97,090/- (Rupees Forty Four Lac Ninety

Seven Thousand & Ninety Only) in the form of Demand draft/Pay Order in favor of

Municipal Commissioner, Vadodara Municipal Corporation , Payable at Vadodara from

Nationalized Bank.

3) If I/We fail to commence the work specified in the Memorandum in Para (1) above or if I/We

fail to deposit the amount of security deposit specified in the Memorandum in (1) above, I/We

agree that the said owner or its successors, without prejudice to any other right or remedy, be at

liberty to forfeit the said earnest money in full. Otherwise, the said earnest money shall be

retained by owner towards the security deposit specified in Para (1) above. The owner shall also

be at liberty to cancel the tender, if I/We fail to pay security deposit as aforesaid or to execute and

agreement or to start work as stipulated in the Tender documents.

I/We enclose herewith evidence of my/our experience to work of similar nature and magnitude

carried out by me/us.

Name (in Block letters):

Address Signature of Tenderer(s) with the seal of the firm.

Instruction to Bidders

General Instructions

 The current document is the request for proposal, which is issued to all the potential

Bidders, requesting a proposal for implementation of the Project on a fixed price basis. A

Contractor would be selected through competitive bidding process for execution of the

 The Company expects Bidders to confirm compliance to TENDER terms, conditions and

specifications at the time of submission of Bids, failing which the Bids are liable to be

rejected. Hence, the Bidders in their own interest are advised to submit their Bids complete

in all respects conforming to all terms and conditions of this TENDER.

 Before submitting the Tender, the instructions may be read carefully regarding submission

of Tender. If any bidder finds discrepancies or omissions in the Tender documents or is in

doubt as to the true meaning of any part, he shall clarify same from the Tender issuing

office in writing before the due date of submission of the queries.

 Site visit and verification of information-

 The Site data of the Project is being provided only as a preliminary reference document by

way of assistance to the Bidders who are expected to carry out their own surveys,

investigations and other detailed examination of the Project before submitting their Bids.

Nothing contained in the site data Report shall be binding on the VMC nor confer any right

on the Bidders, and the VMC shall have no liability whatsoever in relation to or arising out

of any or all contents of the site data.

 Bidders are encouraged to submit their respective Bid after visiting the Project site and

ascertaining for themselves the site conditions, traffic, location, surroundings, climate,

availability of power, water and other utilities for construction, access to site, handling and

storage of materials, weather data, applicable laws and regulations, and any other matter

considered relevant by them.

 Bids shall be evaluated based on the information/documents available in the Bid. Hence,

Bidders are advised to ensure that they submit appropriate and relevant supporting

documentation along with their proposal in the first instance itself. Bids not complying

with the requirements of this TENDER are liable to be rejected without any further

 Bidders need to ensure that in the event the Project is awarded to it, and during executionof

the Project, it shall not seek to alter any agreed contractual terms, conditions and

specifications.

 All Bids must be accompanied by a Tender fee and EMD of value as specified in the NITin the

form and manner as specified in the TENDER document and must be delivered along with

Bids.The specification provided with this TENDER outlines the functional requirement. The

Bidder must submit a Proposal based upon their own design, meeting the functional

 Bidders shall deploy the latest state-of-the-art technology and must ensure that the goods

supplied are new, unused and of most recent or current models and incorporate all recent

improvements in design and materials for the implementation of the Project.

 This ‘Instructions to Bidders’, in original, issued along with TENDER document, shall be

submitted by the Bidder along with Bid duly signed by the Bidder as the token of

acceptance. Bid sent without having the prescribed TENDER document and without

 complying with the terms and conditions of TENDER shall be ignored.

 Issuance of this TENDER does not construe that the Bidder has been short-listed or

 The VMC reserves the right, to accept or reject any Bid and to annul the bidding process and

reject all Bids at any time prior to award of the Agreement, without assigning any reason

thereof and without thereby incurring any liability to the affected Bidder(s).

 As the Bid for the said work is invited for execution of grid connected solar PV power project

for Vadodara Municipal Corporation, the LOA will be placed to the successful bidder on

receipt of VMC Approval.

 The VMC reserves the right to reject any Bid submitted with deviations beyond the one that

is specified and mentioned in the TENDER and no time shall be given in any circumstance

after opening of Financial Proposal for submission of documents which are missing with Bid.

 Any condition or qualification or any other stipulation contained in the Bid shall render the

Bid liable to rejection as a non-responsive Bid.

 In case of change in ownership of the Project, all the Agreements and Contracts signed with

the VMC will stand true and valid with the new Owner of the Project. Tender Issuing

Authority reserves the right to cancel the NIT or to change qualifying requirement or to

reject any or all the tenders so received without assigning any reason.

 The Site for the work is either available or it shall be made available in the parts in a

manner so as not to hamper the progress of work. However, VMC shall provide access to

the roof along with the LOA.

 Canvassing in connection with Tender is strictly prohibited and the Tender submitted by

the Bidders who resort to canvassing will be liable to rejection straight way.

 The Bid and all communications in relation to or concerning the Bidding Documents and

the Bid shall be in English language.

 All rates shall be quoted on the proper form i.e. price bid supplied as part of the Tender

documents on e-tender portal by the Department.

 The VADODARA MUNICIPAL CORPORATION (VMC) does not bind itself to accept the

lowest Bid and reserves to itself the right to accept the whole or any part of the Tender and

the Bidder shall be bound to perform the same at the rate quoted in this Tender.

Local Conditions

 The Bidder is advised to visit and examine the site conditions, traffic, location,

surroundings, climate, availability of power, water and other utilities for construction,

access to site, handling and storage of materials, weather data, applicable laws and

regulations, and obtain for itself on its own responsibility all information that may be

necessary for preparing the Bid and entering into the Contract Agreement. The costs of

visiting the Site shall be at Bidder's own expense.

 The Bidder and any of its personnel or agents shall be granted permission by the VMC to

enter upon its premises and lands for the purpose of such inspection, but only upon the

express condition that the Bidder, its personnel or agents, shall release and indemnify the

VMC and its personnel and agents from and against all liability in respect thereof and shall

be responsible for personal injury (whether fatal or otherwise), loss of or damage to

property and any other loss, damage, costs and expenses however caused, which, but for

the exercise of such permission would not have arisen.

 Failure to visit the Site or failure to study the TENDER document shall in no way relieve the

successful Bidder from furnishing any material or performing any work in accordance with

the TENDER document.

 In no case the date of Time for Completion of the project shall be extended, due to the

failure of the Bidder to visit the site and it shall be in line with the timeline of VADODARA

MUNICIPAL CORPORATION (VMC) under the Scheme.

 It shall be deemed that by submitting a Bid, the Bidder has:

a) Made a complete and careful examination of the TENDER document;

b) Received all relevant information requested from the VMC;

c) Acknowledged and accepted the risk of inadequacy, error or mistake in the

Information provided in the TENDER documents or furnished by or on behalf of the

Company relating to any of the matters referred to in NIT.

d) Satisfied itself about all matters, things and information including matters referred to in

the Bid Info at a glance, necessary and required for submitting an informed Bid, execution

of the Project in accordance with the TENDER document and performance of all of its

obligations there under;

 Acknowledged and agreed that inadequacy, lack of completeness or incorrectness of

information provided in the TENDER document or ignorance of any of the matters referred

to in the TENDER herein shall not be a basis for any claim for compensation, damages,

extension of time for performance of its obligations, loss of profits etc. from the Company,

or a ground for termination of the Contract Agreement; and Agreed to be bound by the

undertakings provided by it under and in terms hereof.

 The VMC shall not be liable for any omission, mistake or error on the part of the Bidder in

respect of any of the above or on account of any matter or thing arising out of or

concerning or relating to the TENDER document or the Bidding Process, including any

error or mistake therein or in any information or data given by the Company.

 Local Regulatory Frame Work

 It shall be imperative for each Bidder to fully inform itself of all local conditions, laws and

factors which may have any effect on the execution of the Contract as described in the

Bidding Documents. The Company shall not entertain any request for clarification from the

Bidder, regarding such local conditions.

 It is the responsibility of the Bidder that such factors have properly been investigated and

considered while submitting the Bid proposals and that no claim whatsoever including

those for financial adjustment to the Contract awarded under the TENDER document shall

be entertained by the Company and that neither any change in the time schedule of the

Contract nor any financial adjustments arising thereof shall be permitted by the Company.

 Clarifications to Tender Document

 A Bidder requiring any clarification of the Tender documents may notify VMC in writing or

by facsimile or by e-mail to VMC’s contact as mentioned as below.

 VADODARA MUNICIPAL CORPORATION (VMC),

 Address:- Office of the Executive Engineer (Water Works: Ele./Mech.), Room No.

Khanderao Market Building, Rajmahal Road, Vadodara Municipal Corporation, Vadodara –

 Sardar Vallabhbhai Patel Planetarium (SVPP)

 Sayajibaug, Vadodara.

 Email ID : [email protected]

 Amendments to Tender Document

 VMC may, for any reason, whether at his own initiative or in response to a clarification

requested by a prospective Bidder, modify the Tender Documents.

 The amendments will be notified on website as mentioned in Notice Inviting e-Tender ofthis

 In order to allow the prospective Bidder(s), reasonable time in which to take the

amendment into account in preparing their Bids, VMC at its discretion, may extend the

deadline for the submission of Bids.

 Acceptance of Bids

 VMC neither bind itself to accept the lowest nor to assign any reason for the rejection ofany

Bid. It is also not binding on VMC to disclose any analysis report.

 Withdrawal of Invitation to Bid

 While VMC has floated this Tender and has requested Bidders to submit their proposals,

VMC shall always be at the liberty to withdraw this invitation to bid at any time before the

acceptance of bid offer.

 Representative/ Agent of Bidder

 All the Bidders are requested to mention the name of their authorized representative/

agent, if any, with full address in the Bid. In case the representative is changed during the

bidding process such changes shall be notified by the Bidder, failing which, VMC shall not

accept any responsibility.

 Financial Proposal and Currencies

 The Bidders shall quote the prices inclusive of all the taxes, while also providing the

breakup of taxes as mentioned in Annexure and shall be submitted Online Only. The Bidder

shall indicate the price in Financial Proposal in Indian National Rupee only.Seal and

Signature of the Tenderer

Design, Engineering, Supply, Installation, Testing & Commissioning of (1) NEW LASER

PROJECTORS (FOR 2D TECHNOLOGY) FULLDOME DIGITAL PLANETARIUM SYSTEM, (2)

NEW 5.1 SOUND SYSTEM & (3) NEW 12.5 METER NANO SEAM POWDER COATED

PERFORATED ALUMINIUM CO-CENTRIC DOME of S a r d a r V a l l a b h b h a i P a t e l

P l a n e t a r i u m ( S V P P ) at Kamatibaug with 10 Years of Comprehensive Operation &

1. Addenda & Corrigenda

If required, the Addenda and Corrigenda will be issued and the same will form the part of the

original tender documents and shall override any contradicting effects in the original tender

2. Submission of Price Bid and Technical Bid

The Price Bid and the Technical Bid containing all the relevant supporting documents must be

submitted online only on https://vmctender.eprocure.com on or before the last date of

submission of the tender. No documents except the Tender Fee, EMD, Affidavit or declaration

as directed in tender documents to be accepted in hardcopy. It is advised to keep the

softcopy of the relevant documents ready and upload the same in advance on

https://vmctender.eprocure.com with respect to this tender to avoid issues if any.

All the relevant softcopy should invariably follow the (n)Code portal's specific requirements

pertaining to file types, file size, file name length, etc.

 File types: Files with only .pdf, .doc, .txt, .xls, .ppt, .pps, .png, .gif, .jpg, .zip,

.rar extension can be uploaded.

 File name: It should not be more than 70 characters. Special Characters Like (

‘% @ < >: *? | & ~ ^) are not permitted.

 File size: Single file size should not be more than 3 MB. The tender document

(duly signed and stamped) in hard copy shall be submitted by the successful

tenderer upon intimation from Vadodara Municipal Corporation.

3. Tender Fee & Earnest Money Deposit (EMD)

The tenderer should pay non-refundable Tender Fee of Rs. 20,000/- and EMD of Rs.

50,00,000/- each by separate Bank Guarantee OR Demand Draft OR Banker's Cheque of any

scheduled / nationalized / Private bank payable at Vadodara in favour of "Municipal

Commissioner ". Failure to submit Tender Fee, EMD as required shall lead to the tender being

4. The tender should be filled in legibly, clearly indicating the figures and its

value in words too.

5. Security Deposit and Bank Guarantee:

A Security Deposit in the form of Bank Guarantee of an amount of 5 % of the total contract

value made in the name of “Vadodara Municipal Corporation” is to be submitted by the

Successful Tenderer upon signing of Contract to be valid till the installation of the system.

6. Online Submission of the Technical Bid:

The tenderer will be required to upload the duly signed, stamped and notarized colour

scanned copy of below mentioned documents in the same order of sequence online on

vmc.eprocure.com during e-tendering process.

Tenderers are at independence to add more relevant documents for realization of each

category mentioned below or as in Pre Qualification, Technical Qualification, Financial

Qualification and scope of work elsewhere in tender documents:

7. Submission of DD for EMD & Tender Fee:

Bank Guarantee OR Demand Draft OR Banker's Cheque for E.M.D. & Demand Draft for

Tender fee shall be submitted in electronic format through online mode (by scanning) while

uploading the tender. This submission shall mean that E.M.D. & tender fee is received for

purpose of opening of the tender. Accordingly offer of those shall be opened whose E.M.D. &

tender fee is received electronically. However, for the purpose of realization of Bank

Guarantee OR Demand Draft OR Banker's Cheque tenderer shall send the in original through

RPAD / Speed post as per below so as to reach to Executive Engineer (Water Works:

Ele./Mech.), Room No. 210, Khanderao Market Building, Rajmahal Road, Vadodara –

Vadodara Municipal Corporation as per schedule from the last date of online submission of

the tender as per tender notice.

Penalty based actions for not submitting Bank Guarantee OR Demand Draft OR Banker's

Cheque in original shall be initiated and action shall be taken for abeyance of registration and

cancellation of E-tendering code of the tenderer for one year. Any documents in supporting of

tender shall be in electronic format only through online (by scanning) & hard copy will not be

accepted separately.

8. Submission of Documents:

All documents must be colored scanned to be seen as original. Scanning in black and white or

grey shall not be acceptable.

9. Sealing, marking and submission of the Tender Fee, EMD:

Following documents shall only be submitted in Hard Copy to Vadodara Municipal

Corporation by the tenderer:

1. Earnest Money Deposit (EMD)

3. Affidavit / Declaration / any other document mentioned in tender documents

4. Documents related to Joint Venture (If applicable)

EMD/Tender fee and documents as above shall be sealed in a cover and submitted to The

Dirctor (Sardar Vallabhbhai Patel Planetarium), Vadodara Municipal Corporation,

Kamatibaug, Vadodara 390001, Gujarat, India through Government Postal Speed Post or

Registered Post A.D. only. Submission through any other mode (Physical, Courier etc.) is

not allowed. Moreover, Vadodara Municipal Corporation shall not be responsible for any

10. Following information must be furnished / written on sealed cover:

1. Tender ID: _____________ & Tender Notice No:___________________

2. Name of the work: Design, Engineering, Supply, Installation, Testing &

Commissioning of (1) NEW LASER PROJECTORS (FOR 2D TECHNOLOGY)

FULLDOME DIGITAL PLANETARIUM SYSTEM, (2) NEW 5.1 SOUND SYSTEM

& (3) NEW 12.5 METER NANO SEAM POWDER COATED PERFORATED

ALUMINIUM CO-CENTRIC DOME of Sardar Vallabhbhai Patel Planetarium

(SVPP) at Kamatibaug with 10 Years of Comprehensive Operation &

3. Last date for submission of Online Tender: ____/02/2026

4. Name, address & contact no. of the tenderer:

Technical Bid, Price Bid and every other document asked in tender must be submitted online

on www.smc.nprocure.com only. Price Bid must not be submitted in hard copy.

11. The tenderer will be bound by the details furnished to Vadodara Municipal

Corporation, while submitting the tender or at subsequent stage. In case, any of such

documents furnished by the tenderer is found to be false at any stage, it would be

deemed to be a breach of terms of contract making him/her liable to legal action besides

termination of contract.

12.Late Tenders: Tenders not reaching on or before the specified time limit will not be

13. Conditional Tenders:

All the terms and conditions mentioned herein must be strictly adhered to by all tenderers.

Conditional tenders shall not be accepted on any ground and shall be subject to rejection

without assigning any reason.

14.Withdrawal of Tenders:

Tender once filled in, submitted shall not be allowed to be withdrawn till the validity of the

tender remains in force or else the EMD shall be liable for forfeiture.

15.Period of Validity:

The offer shall be valid for acceptance for a minimum period of 120 days from the date of

opening of the Price Bid. If required, Vadodara Municipal Corporation may request the

tenderer to have it extended for a further period.

16.Language of Tender:

The tender prepared by the tenderer shall be in the English language. The supporting

documents in language other than English/Hindi/Gujarati must have its English translation

(which is to be duly attested by the tenderer), for purposes of interpretation of the tender, the

English translation shall govern.

17.Right to Accept or Reject Any Tender or All Tenders:

Vadodara Municipal Corporation reserves the right to accept or reject any tender and annul

the tendering process and reject all tenders at any time prior to award of contract, without

thereby incurring any liability to the affected tenderer or tenderers or any obligation to

inform the affected tenderer or tenderers of the ground for Vadodara Municipal

Corporation's action.

18. Price and Taxes:

a. Price shall be quoted in INR / US dollar and it will remain fixed throughout the period

b. All the tenders offered in foreign currencies shall be converted into Indian Rupees

(INR) according to the exchange rate prevailing on the date of opening of the Price

Bid. However, at the time of payment it shall be as per the foreign currencies rate in

Indian Rupees (INR).

c. The Prices quoted should be on DAP (Delivered at Place) to site basis at Purchaser’s

Destination Site including design, engineering, supply, installation, commissioning

and training. The seller has to provide shipping insurance from Factory/Warehouse

to the customer delivery site.

d. The customs duty and other levies during import of the goods in India will be paid by

VMC. Any taxes and/or duties outside India to be paid by Tenderer.

19. Refund of Earnest Money Deposit:

The EMD of all tenderers would be refunded within two weeks of signature of Contract with

the Successful Tenderer. The successful Tenderer will have to deposit Security Deposit (SD).

20. Requesting Clarifications:

If any tenderer wishes to seek clarification it may do so in writing to Dy. Municipal

Commissioner (G) on [email protected]

21. Extension of Deadline for the Submission of Technical & Price Bid:

Vadodara Municipal Corporation will have all rights and obligations to extend the

22.Costs to be borne by Tenderer:

All costs and expenses (whether in terms of time or money) incurred by the tenderer in any

way associated with the development, preparation and submission of the tender, including

but not limited to site visit, attendance at meetings if any, discussions, demonstrations, etc.

and providing any additional information required by Vadodara Municipal Corporation, will

be borne entirely and exclusively by the tenderer.

23.Acceptance of Terms & Conditions:

The tenderer will, by taking participation in the tendering process and submitting the tender

documents, be deemed to have thoroughly read, studied and understood the tender

documents including scope of work, the terms and conditions, instructions, etc. referred there

in and the same are acceptable to the tenderer.

24. Submission of information in Prescribed Format:

It is to be ensured that the complete information as required by this office may be furnished

by the tenderers in the prescribed format. Formats submitted with incomplete

information and not conforming to the requirements are liable to be rejected. All entries in

the tender form should be legible and filled clearly. If the space for furnishing information is

insufficient, a separate sheet duly signed by the authorized signatory may be attached.

25. Legal Action against submission of false/ misleading information:

The tenderer will be bound by the details furnished by him/her to Vadodara Municipal

Corporation, while submitting the tender or at subsequent stage. In case, any of such

documents furnished by the tenderer is found to be false/ misleading at any stage, it would be

deemed to be a breach of terms of contract making him/her liable to legal action besides

termination of contract.

26. Acceptance of terms and conditions of tender: The participation in the online

tendering process implies that the tenderer have thoroughly read, studied and

understood the instructions of the Tender documents, Scope of work, formats as well as

the terms and conditions referred there in and the same are acceptable to the tenderer.

27. Uniformity:

To provide uniformity and to facilitate comparison of Proposals, all information submitted

must clearly refer to the page number, section, or other identifying reference in this Tender

Document. All information submitted must be noted in the same sequence as its appearance

in this Tender Document. All pages of the Proposal must be paginated.

28. Tender Scope:

The Tenderer cannot tender for a specific portion of the project scope. The entire project

scope of work has to be tender for.

29. Consortium:

Original Manufacture or their authorized Indian representatives may participate in this

tender. However, authorization certificate / Consortium Agreement copy duly attested by

Notary is to be submitted along with the technical tender.

30. Subcontracting:

The Tenderer shall not be permitted to subcontract any part of its obligations under the

31. Duration of Work:

The duration of the work will be 12 months from the day of signing of Contract.

32. Financial Status of Tenderer/OEM (Original Equipment Manufacturer):

The OEM or their parent company or any other Affiliated Entity must not have been in

bankruptcy in the last 10 years. The OEM or parent company or any other Affiliated Entity

must have paid all taxes or must not have had tax actions taken against them. The OEM or

any Affiliated Entity must have not failed to make payments under any secured or unsecured

indebtedness. The OEM or any Affiliated Entity must have not been involved in an insolvency,

liquidation or administration procedure in the past 10 years. In the last ten years, there must

not be any order or petition been presented or resolution been passed for any type of

insolvency procedure against the OEM or Affiliated Entity or have any investigations or legal

actions being taken for any type of breach of covenant, debt recovery or debt enforcement at

Information relating to the examination, evaluation, comparison, and post qualification of

Proposals, and recommendation of Contract award, shall not be disclosed to Tenderers or any

other persons not officially concerned with such processes until information on Contract

award is communicated to the Qualifying Tenderer.

34. Mobilization / Start Date:

The Tenderer is expected to commence the Services on the date and at the location specified

in the Instructions to the Tenderers Section.

35. Security Deposit:

a. Within 30 days of the receipt of notification of award from Vadodara

Municipal Corporation, the successful Tenderer shall provide a Security

Deposit of (five) 5% of the total contract value either in the form of a bank

draft or Bank Guarantee. Such Security Deposit must be valid till the end of

the warranty period.

b. Failure of the successful Tenderer to submit the Security Deposit or sign the

Contract/Agreement shall constitute sufficient grounds for the annulment of

the award and forfeiture of the EMD/Security. In that event, Vadodara

Municipal Corporation may award the Contract to the next lowest evaluated

Tenderer whose offer is substantially responsive and is determined by the

Vadodara Municipal Corporation to be qualified to perform the

Contract/Agreement satisfactorily. In such cases, a request for extension of

validity of Tenders shall be sent out to all other qualified Tenderers at the

earliest in writing or through standard electronic mail.

36. Right to Inspect:

 Vadodara Municipal Corporation reserves the right to inspect and investigate

thoroughly the establishment, facilities, equipment, business reputation, and

other qualifications of the tenderer and any of its consortium partners, during the

installation as well as throughout the work of upgradation.

37. Minimum Eligibility Criteria:

The following are some of the criteria required to be eligible technically for further

consideration in the tender process.

a. The Tenderer/OEM must be an original manufacturer of the Digital Planetarium

system software and the planetarium shows or authorized agent of the manufacturer

and the content of show generator. In case the tenderer is an authorized agent of the

manufacturer and the show producers, then the authority letters should be furnished

with all the details.

b. The Applicant / Tenderer (or their Principal OEM, if bidding as Authorised

Representative) shall satisfy ALL of the following: (a) International Experience:

Successfully supplied, installed, tested and commissioned at least two (2) Full Dome

Digital Planetarium Systems of the same make / OEM as proposed, anywhere in the

world, with dome diameter of 12.5 metres or more, operational for at least one (1)

year. (b) India Experience: Successfully supplied, installed, tested and commissioned at

least one (1) Full Dome Digital Planetarium System of the same make / OEM as

proposed, anywhere in India, with dome diameter of 12.5 metres or more, operational

for at least one (1) year. (c) OEM Authorisation: Valid Letter of Authorisation from

OEM required if bidding as Authorised Representative. Experience credentials shall be

supported by Client Completion / Performance Certificates. Self-certificates shall not

be accepted. [Original clause requiring 3 installations of same make at 14m+ in India is

deleted and replaced per Corrigendum No. 03.] Full dome digital planetarium system

of the same make to be offered, having not less than 12.5 metres or more diameter

dome size at Planetarium / Science center / Science City or any other similar places in

India which must be operational for at least one year.

c. Applicant shall have minimum net worth of Rs. 1Cr. as per latest audited balance sheet

of last three years. The applicant or their member of the consortium or any other

Affiliated Entity must not have been in bankruptcy in the last 10 years.

d. Financial Status of Applicant: The Applicant and or OEM or their parent company or

any other Affiliated Entity must not have been in bankruptcy in the last 10 years. The

Applicant and or OEM or parent company or any other Affiliated Entity must have paid

all taxes or must not have had tax actions taken against them. The Applicant and or

OEM or any Affiliated Entity must have not failed to make payments under any secured

or unsecured indebtedness. The Applicant and or OEM or any Affiliated Entity must

have not been involved in an insolvency, liquidation or administration procedure in

the past 10 years. In the last ten years, there must not be any order or petition been

presented or resolution been passed for any type of insolvency procedure against the

Applicant and or Applicant and or OEM or Affiliated Entity or have any investigations

or legal actions being taken for any type of breach of covenant, debt recovery or debt

enforcement at any time.

e. The OEM’s profile must include production capacity/capability of 4K35 2D

planetarium systems; Brief write-up is to be enclosed which includes:

i. How many full time staff does your Company have?

ii. What Planetarium installations have you completed in last five years?

iii. List the Software releases in the last three years by your company or by

Affiliated Entity include a summary of each release.

iv. How many fulltime software developers are actively working on the

software at the time of submission?

v. Are you the original software developer for this project – if not, who is?

f. The Tenderer / OEM must have the Experience as a prime contractor in the field of

Digital planetarium projects. Tenderer/ OEM must provide a complete list of Digital

Planetarium installations done by them as prime contractor.

g. The Tenderer / OEM must have trained staff in service and maintenance of digital

planetarium and projectors. The service and support infrastructure for digital

planetarium system available with Indian counterpart to be provided. The Indian

Counterpart must have a business association as authorized sales and service provider

with OEM for at least 10 years in setting up the Planetariums in India. The Tenderer /

OEM must attach copy of certificates showing factory trained staff.

38. Installation liability:

a. The supplier has to supply and install the system, and train at least three staff

members of the Sardar Vallabhbhai Patel Planetarium (SVPP) Vadodara in Operation,

Maintenance and Show development. They should also be trained in show

software/programme/script development.

b. The system should be commissioned and handed over to Vadodara Municipal

Corporation authority in good working condition within the stipulated time target and

the Vadodara Municipal Corporation shall verify and certify the system for compliance

to its existing electrical/ civil/ logistic/ HR provisions.

39. Penalty Clause

If the successful Tenderer fails to commission the equipment within the stipulated time

or leaves the work incomplete or refuses to complete the work or takes more time than the

schedule fixed, then the successful Tenderer will be liable to be penalized @ 0.1% per day of

the value of total cost of the equipment for which the Tenderer has been selected. This

penalty would be levied upto a maximum value of 3% (upto 30 days) of the value of the

equipment concerned after which, the Vadodara Municipal Corporation, reserves the right to

terminate the offer given in the Letter of Intent without any advance notice and the

manufacturer/ Dealer/ Firm concerned will be blacklisted.

40. Electrical Constraints:

In India the electrical power is supplied at 220-230 Volt, 50 Hertz. The equipment should

conform to this. The tenderer should specify the air-conditioning requirements of its

equipment. The tenderer is encouraged to inspect the site of installation, at its own cost and

as per the convenience of Science Centre Vadodara with prior appointment.

41. Life expectancy:

At least 10 years (The OEM should certify that they would provide parts and maintenance

services on hardware and software parts for the entire period at appropriate maintenance

charges beyond the warranty period) from the date of installation of the System.

42. Onsite Warranty and Annual Maintenance Contract:

a. The equipment/materials covered by this Specification should be Guaranteed for

satisfactory operation and against defects in design, materials and workmanship

for a period of at least 24 (Twenty four) months from the date of commissioning. The

above Guarantee Certificate shall be furnished in triplicate to the purchaser for his

approval. Any defect noticed during this period should be properly rectified by the

supplier free of cost to the Purchaser.

b. After expiry of the two years warranty, tenderer must offer Annual maintenance

Contract for the period of at least for Five (5) years.

43. Compulsory Servicing:

During the warranty period and AMC period, the manufacturer or their authorized service

agent should carry out at least four (4) service visits per year for the purpose of complete

preventive maintenance. In case of any failure in the functioning of the system, the necessary

repair/maintenance should be undertaken on an urgent basis. You are requested to

mention the minimum time required to make the necessary visits following any failure in any

parts of the system.

44. Technical Support:

The Technical Bid should mention all the technical support which will be provided under

warranty with the purchase. The possibility of the technical support from the tenderer being

able to log into the server of the system installed here in Science Centre Vadodara, should be

mentioned, if it exists. The tenderers must ensure that the requisite media players used for

content solution and associated show managers etc. are fully licensed in the name of Science

Centre Vadodara (SMC) and the same are capable of running the content per stereo channel

without any loss of content or clarity.

45. Cancellation of Appointment / Contract:

The Appointment / Contract are subject to cancellation due to any of the reasons mentioned

a. If the Tenderer is found to have submitted false particulars / fake documents at the

time of submitting the Tender Document for the award of assignment.

b. If the Tenderer is found wanting in commitment to quality and delivery period / work

plans, adherence to the guidelines, Statutory regulations, safe keep of all physical and

electronic artifacts, conduct / discipline etc., while executing the job. Any deviations

from stated conditions and contractual clauses can lead to appropriate deterrent

action as deemed fit by Vadodara Municipal Corporation.

c. If the Tenderer fails to execute the job as per the defined scope, delivery targets,

quoted rate or any other point previously agreed, after Vadodara Municipal

Corporation issues the Letter of Intent (LOI).

d. Any recommendation for award of Contract will be rejected if it is determined that the

recommended Tenderer has directly, or through an agent, engaged in corrupt,

fraudulent, collusive, or coercive practices in competing for the Contract in question;

in such cases Vadodara Municipal Corporation will declare the Tenderer ineligible,

either indefinitely or for a stated period of time, from participation in any further

activities of Vadodara Municipal Corporation.

e. If the Tenderer fails to make written disclosure as per the Disclosure Clauses of this

Tender Document, either at the time of submitting the proposal or after the Contract

has been signed with the Tenderer.

f. Manipulation of rates by cartelization.

g. The security deposit will be forfeited in case of the contract is cancelled by the

46. Disqualifications: A Tenderer may get disqualified and Tenders will

not be considered if

a) The envelope containing hard copy does not show on it the reference of tender

number and description as denoted and thus gets opened before due date(s) of

opening specified in Notice Inviting Tenders.

b) The Price Bid is submitted physically which leads to revelation of prices before

the due date of opening of the Price Bid.

c) The Earnest Money Deposit (EMD) & Tender fee is not deposited in the manner

specified in the tender

d) The Tender documents are not in a language as per Clause above.

e) The Tender documents are not signed affixing stamp by the authorized signatory.

f) The Tender documents submitted are incomplete and/or ambiguous in any respect.

g) Non-compliance of provisions and requirements of the Tender documents.

h) Any or all correction(s) or pasted slip(s) is/are not initialed, authenticated by

i) The Tender documents are not submitted in the manner specified in the tender

j) Eligibility criteria are not met with.

k) Any form of canvassing/ lobbying/ influence/ query regarding short listing,

status, etc. will result in a disqualification. Please note that technical tender is

not required to be submitted in hard copy

Dy. Municipal Commissioner (G) Vadodara Municipal Corporation

Signature of Tenderer(s) with the seal of the firm

DEFFINITION OF TERMS

In the contract documents as are in defined where the context so admits the following

words & expression will have the following meanings.

1. “The Owner”, means the Vadodara Municipal Corporation having its registered office at

Khanderao Market, Palace road, Vadodara, Gujarat state.

2. “The Tenderer”, means the manufacturer or its authorized dealer, firm or Company

whose tender has been accepted by the Owner and includes the Contractor’s legal

representative, his successor and permitted assigns.

3. The “Dy. Municipal Commissioner (G)” shall means the Dy. Municipal Commissioner (G)

of Vadodara Municipal Corporation or his successor in office as designated by the

4. The “Engineer-in-charge”, shall mean the person designated as such by the Owner and

shall include those who are expressly authorized by him to act. For and on his behalf for

operation of this contract. The engineer in charge for this contract shall be Executive

Engineer, (Elect.)

5. “The work”, shall mean the work of various item/s mentioned in accordance with the

contract or part thereof as the case may be and shall include all extra additional, altered

substituted works as required for purpose of the contract.

6. “Contract Documents”, means collectively the Tender documents Designs, Drawings,

Specifications agreed variation subsequent correspondence done, such other

documents constituting the Tender and acceptance thereof.

7. “The Contract”, shall means the agreement between the Owner and the contractor for

the execution of the work including therein all contact documents.

8. “The Specification”, shall means the various technical specifications attached and

referred to in the Tender documents/ It shall also include the latest edition of relevant

Indian Standard Specification published before entering into contract. Further in

absence of any specific reference in IS the Standards and specifications of any other

country may be followed.

9. The “Tender”, means the tender submitted by the Tenderer for acceptance by the

10. The “Alteration Order”, means the order given in writing by the Engineer in charge to

effect additions to or deleting from the alterations in the works.

11. The “Period of Liability”, means the material supplied by the contractor and work shall

stand guarantee for the period of 12 months from date of erection and commissioning.

12. “Consulting Engineer”/ “Third Party Agency”, means the firm or the person as may be

duly appointed by the Owner to act as Consulting Engineer/ Third Party Agency for the

purpose of the work covered in the contract.

13. “Inspector” means any person or persons nominated by the Owner to inspect Store or

Works under the agreement and shall include his duly authorized representative

appointed to act as the Inspector.

14. “Letter of Intent” means the Owner’s letter conveying the award of Contract.

15. “The Contractor”, means the person or the persons firm or Company whose tender has

been accepted by the Owner and includes the Contractor’s legal representative his

successor and permitted assigns.

16. “Associate” means with respect to any specified Person, any other Person directly or

indirectly controlling, controlled by or under common control with such specified Person;

17. “Adjudicator” means the person, who shall be an engineer or a firm of engineers who is

appointed by the Company to act as the adjudicator to make a decision on or to settle

any dispute or difference between the Company and the Contractor referred to it or her

by the parties pursuant to TENDER (Adjudicator) hereof.

18. “Applicable Law” means any statute, law, regulation, ordinance, notification, rule,

regulation, judgment, order, decree, bye-law, approval, directive, guideline, policy,

requirement or other governmental restriction or any similar form of decision of, or

determination by, or any interpretation or administration having the force of law in the

Republic of India and the State Government, by any Government Authority or

instrumentality thereof, whether in effect as of the date of this Contract or thereafter.

19. “Backup Meter” means the meter installed, operated and maintained by the Successful

Bidder as per the provisions laid in the section metering which shall be connected to the

same core of the current transformer (CT) and Potential Transformer (PT) to which the

Main Meter is connected and shall be used for accounting and billing of electricity in

case of failure/repair/maintenance of Main Meter;

20. “ NEEGG” for a year is calculated by using the Net Electrical Energy Generation

Guarantee (NEEGG) quoted in the Bid offer by the Contractor adjusted with a correction

factor to take into account the actual average global solar radiation measured by the

calibrated pyrano meter for that year.

21. “B.I.S" shall mean specifications of Bureau of Indian Standards (BIS)

22. “Bid” shall mean the bid submitted by the Bidder in response to the Tender Document

No. “VMC/ / / / ” issued by the Company.

23. “Bidder” shall mean Bidding Company or a Bidding Individual submitting the Bid. Any

reference to the Bidder includes Bidding Company / Bidding Individual including its

successors, executors and permitted assigns severally, as the context may require;

24. “Bid Security” shall mean the unconditional and irrevocable bank guarantee to be

submitted along with the Bid at the TENDER stage.

25. “Bid Capacity” shall means capacity offered to the bidder in this Bid under invitation.

26. “Bid Deadline” shall mean the last date and time for submission of Bid in response to

27. “CEA” shall mean Central Electricity Authority.

28. “Capacity Utilization Factor (CUF)”means the ratio of the annual output of the plant in

kWh versus contracted plant capacity for number of days. CUF = plant output in kWh /

(contracted plant capacity in kW * 365X24).

29. “Change in Law” means the occurrence of any of the following after the date of Bid: A)

the enactment of any new Indian law as applicable to the State; B) the repeal,

modification or re-enactment of any existing Indian law; C) the commencement of any

Indian law which has not entered into effect until the date of Bid ;a change in the

interpretation or application of any Indian law by a judgment of a court of record which

has become final, conclusive and binding, as compared to such interpretation or

application by a court of record prior to the date of Bid;

30. “Competent Authority’’ shall mean , himself and/or a person or group of persons

nominated by for the mentioned purpose herein.

31. “Commercial Operation” with respect to a Unit or the Facility, as the case may be, shall

refer to the period after the Commercial Operation Date of such Unit or Facility;

32. “Commissioned” means, in respect of a Unit or the Facility, as the case may be, passing

of the Commissioning Test by the Units, as certified by the GEDA/ DISCOM/ Gujarat

State Designated Agency or its representative(s) and interconnection of the Unit with

the Distribution Grid for receiving the Delivered Energy.

33. “Commission” and “Commissioning” means, the satisfactory, continuous and

uninterrupted operation of the equipment/system as specified after all necessary

statutory approvals, initial tests, checks and adjustments for a period of at least 3 days

to the satisfaction of the Company and necessary certificates are issued by the all

concerned/ nodal agencies appointed by appropriate authority/Government.

34. “Completion” means that the Facilities (or a specific part thereof where specific parts

are specified in the Scope of Work) have been completed operationally and structurally

and put in a tight and clean condition and that all work in respect of Commissioning of

the Facilities or such specific part thereof has been completed as per the Scope of Work.

35. “Company” means Gujarat Vadodara Municipal corporation (VMC), Vadodara includes

the legal successors or permitted assigns of the Company.

36. “Contracted Capacity” shall mean the Total aggregate capacity in KWp, proposed to be

allocated by VMC to the Successful Bidder through this bidding process as per terms

and conditions specified therein.

37. “Contract” or “Contract Agreement” shall mean the agreement between the VMC and the

successful EPC contractor for the execution of the works including therein all

documents such as the invitation to tender, instructions to Bidders, General Conditions

of Contract. Special Conditions of Contract, Job Specifications, General Requirements,

Time Schedule of Completion of Job, Drawings, Letter of Award awarding the work,

Agreed variations, if any etc.

38. “Contract Documents” means the documents listed as per Annexure Contract

39. “Contractor/ EPC Contractor” means the person(s) whose bid to perform the Contract

has been accepted by the VMC and is named as such the Contract Agreement, and

includes the legal successors or permitted assigns of the Contractor.

40. “Contractor’s Equipment” means all plant, facilities, equipment, machinery, tools,

apparatus, appliances or things of every kind required in or for installation, completion

and maintenance of Facilities that are to be provided by the Contractor, but does not

include Plant and Equipment, or other things intended to form or forming part of the

41. “Construction Period” means the period from Effective Date till date the project got

42. “Commissioning Tests” means the tests to be carried out to determine the

Commissioning of the Unit or Facility, as the case may be, in accordance with the

Testing Procedures specified and as defined in this TENDER in Timeline

43. “Chartered Accountant” shall mean a person practicing in India or a firm whereof all the

partners practicing in India as a Chartered Accountant(s) within the meaning of the

Chartered Accountants Act,

44. “Day” means calendar day of the Gregorian calendar.

45. “Delivery Point” shall be the interconnection point at which the Successful EPC

Contractor shall deliver the power to the VMC’s different building of Vadodara

Municipal Corporation. The metering shall be done at this point of Interconnection. All

charges and losses up to the Delivery Point shall be borne by the Successful EPC

46. “Delivered Energy” means the Electricity measured by the Main Meter at the Delivery

47. “Development Period” means the period starting from Effective date till the project get

48. “Defect Liability Period” means the period of validity of the warranties given by the

Contractor, during which the Contractor is responsible for defects with respect to the

Facilities (or the relevant part thereof) as provided in (Defect Liability) hereof.

49. “Document” or “Documentation” means documentation in printed or written form, or in

tapes, discs, drawings, computer programmes, writings, reports, photographs, films,

cassettes, or expressed in any other written, electronic, audio or visual form;

50. “Drawings” means all of the drawings (SOFT – AUTOCAD & PDF Format), calculations

and documents pertaining to the Project. This shall include both the electrical and civil

cum Structure drawing(s);

51. “Distribution Utility” means the local electric distribution owner and operator

providing electric distribution and interconnection services to Purchaser at the

52. “Effective Date” for this Contract shall mean the date of issuance of Letter of Award

(LoA) by the Owner.

53. “Electricity” means the electrical energy measured in kilowatt-hours;

54. “Emergency” means a condition or situation that is likely to endanger the safety of the

individuals on or about the Project, including Users thereof, or which poses an

immediate threat of material damage to any of the Project Assets;

55. “EPC” shall mean Engineering, Procurement & Construction.

56. “EPC Contract” means the engineering, procurement and construction contract or

contracts entered into by the VMC with one or more Successful Contractors for, inter

alia, engineering and construction of the Project in accordance with the provisions of

57. "EMD" shall mean Earnest Money Deposit.

58. "Engineer" shall mean the authorized officer of the VMC/ Consultant to act as Engineer

to supervise the work for the purpose of the contract.

59. “Facilities” means the Plant and Equipment to be supplied and installed, as well as all

the Installation Services to be carried out by the Contractor under the Contract for

enabling the installation, construction, testing and commissioning of the Rooftop Solar

Power System(s) [NOT APPLICABLE TO THIS TENDER].

60. “Government Authority” means Government of India, any central government or state

government or any governmental department, commission, board, body, bureau,

agency, authority, undertaking, court or other judicial or administrative body or any

sub-division or instrumentality thereof, central, state, or local, having jurisdiction over

the Contractor, the Facility, or the performance of all or any of the services, obligations

or covenants of Contractor under or pursuant to this Contract or any portion thereof.

61. “Guarantee Test(s)” means the Performance & Guarantee test(s) specified in the

(Guarantee Test) to be carried out to ascertain whether the Facilities or a specified part

thereof is able to attain the Functional Guarantees.

62. “Good Industry Practice” means the practices, methods, techniques, designs, standards,

skills, diligence, efficiency, reliability and prudence which are generally and reasonably

expected from a reasonably skilled and experienced operator engaged in the same type

of undertaking as envisaged under this TENDER and which would be expected to result

in the performance of its obligations by the Successful Bidder in accordance with this

TENDER, Applicable Laws and Applicable Permits in reliable, safe, economical and

efficient manner;

63. “Installation Services” means all those services ancillary to the supply of the Plant and

Equipment for the Facilities, to be provided by the Contractor under the Contract; e.g.,

transportation and provision of marine or other similar insurance, inspection,

expediting, Site preparation works (including the provision and use of Contractor’s

Equipment and the supply of all civil, structural and construction materials required),

installation, Commissioning, carrying out guarantee tests, operations, maintenance, the