Professional Documents
Culture Documents
e- TENDER FOR
https://mahatenders.gov.in
TENDER DOCUMENT
14 Late Bids 14
15 Clarification of Bids 15
16 Preliminary Examination 15
12 Transportation 30
13 Payment 30
14 Sub-contracts 30
17 Force Majeure 31
18 Termination for Insolvency 32
19 Settlement of Disputes 32
20 Arbitration 33
21 Limitation of Liability 36
22 Governing Language 37
23 Applicable Law 37
24 Notices 37
25 Agreement 37
27 Patent Rights 38
29 Packing 39
30 Incidental Services 39
4 Contractor/Agency Integrity 41
5 Contractor/Agency's Obligations 41
SECTION V : IMPLEMENTATION SCHEDULE AND PROCESS 42
BID INVITATION
• The General Manager (Divisional Office Nagpur), on behalf of MEDA (the Employer), invites eligible
bidder to submit a bid in accordance with the provisions of this Tender Document. In this Tender
Document, the term "Bidder", which expression shall, unless repugnant to the context, include all
parties who have submitted bids in response to this Tender Document within the stipulated time frame
for submission.
• The Bidders shall submit the bids in two parts by following e-tendering process described in bidding
documents. First part comprises of the technical bid and the second part comprise of the financial bid
in accordance with this Tender Document.
• In terms of the Tender Document, a Bidder will be required to deposit non-refundable Tender
document fee, along with its tender, the refundable Earnest Money Deposit (EMD).
BIDDING INFORMATION
The date & time of opening of Price Bid will be announced later.
If any technical difficulties arise while filling up e-tender, please contact Divisional Office MEDA,
Nagpur. It is compulsory to pay tender document fee, EMD through E-payment (online) at
https://mahatenders.gov.in
Eligible bidders can upload the Tenders through Maha-e-tender portal of Go M :
https://mahatenders.gov.in
SECTION-II
1. INFORMATION AND INSTRUCTION TO BIDDERS
The Divisional General Manager (Divisional), on behalf of MEDA (the Employer), invites bids from eligible
bidders for “works ” include Survey, design, manufacture, supply, transport, installation, testing and
commissioning of AC Solar Photovoltaic water pumping systems of 7.5/10 HP capacity with a reading and
recording facility at 55 villages in Wardha districts of Maharashtra with comprehensive maintenance contract
for 5 years, under Tender No: MEDA/REN/SOLAR-Water Pumping/WARDHA/ 88/ 2019-20. The
existing water supply scheme of respective Grampanchyat will be converted on solar pump. The Details of
works in District Wardha are as below:
2. SCOPE OF CONTRACT
The scope of Contract is as below: -
a. Selected Bidder has to carryout survey of the villages after receipt of LOI.
b. Survey, design, manufacture, supply, transport, installation, testing and commissioning of AC
Solar Photovoltaic water pumping systems of 7.5/10 HP capacity with a reading and recording
facility at 55 villages in Wardha districts of Maharashtra with comprehensive maintenance contract
for 5 years in the state of Maharashtra on “Turnkey” Contract Basis and as described in the Tender
Document.
c. Provision of Remote monitoring Arrangement with Water Discharge Reading and Recording
Facility as mentioned in Technical Specifications. The selected bidder has to provide online
display system for observing the daily performance monitoring report of each solar pumping
system to the respective Grampanchayat.
f. Selected Bidder(s) shall be bound by operation and management arrangements and rules,
regulations and modalities as per MNRE and as established by MEDA and mutually agreed
between MEDA and the contractor for effective implementation of the project.
g. Take risk liability of contractor’s personnel with implementation and realization of the project.
h. The selected Bidder(s) shall maintain sufficient inventory of the solar photovoltaic water pumping
systems for immediate replacement of manufacturing / faulty/ non-working solar photovoltaic
water pumping system under CMC for desired output.
i. The selected bidder shall establish minimum one call centre for providing timely services to the
beneficiaries. The Toll-free number will be provided to the beneficiaries for the registration of
complaints & requite information regarding solar photovoltaic water pumping system.
j. Bids shall be complete and cover all Works described in the Schedule of Prices. Any item of works
required for complete usable system shall be deemed to be included in bidder’s scope irrespective
of whether it is specifically mentioned or not in the price schedules.
k. Partial bids, or bids which do not cover the entire scope of the project will be treated as incomplete
and not responsive to the terms and conditions of bidding and are liable to be summarily rejected.
l. The Selected Bidder shall establish and operate minimum one full-fledged Service Centre with
sufficient manpower where Selected Bidder has commissioned more than 100 nos. of Solar
Photovoltaic water Pumping system at mutually decided centralized place to attend the
Beneficiaries’ complaints within stipulated time. Number of service centres may be more if think
fit to do so for enhanced services.
m. The Works are to be carried out at various Village of water supply sites in Wardha District, as
described in the Bidding Data.
n. After successful installation and commissioning of the water pump, selected bidder will hand over
the pump to the respective Grampamchayat. The Copy of Hand over Certificate duly certified by
Gramsevak and Sarpanch of respective Grampanchayat is given in the tender document.
o. Time is the essence in completing the Works. The successful Bidder will be required to complete
the works within the stipulated time as specified in the tender document. The bidder shall ensure
that Solar Photovoltaic water pumping system should be commissioned within 150 days from the
date of receipt of work order.
p. Bidder should note that obtaining permissions from statutory bodies wherever required for
execution of works, shall be entirely in bidder’s scope.
q. Partial bids, or bids which do not cover the entire scope of the project will be treated as incomplete
and not responsive to the terms and conditions of bidding and are liable to be summarily rejected.
r. Non-Return Valve arrangement with T-Joint and other minor works those are required for
successful commissioning of the solar based RWS scheme will be sole responsibility of the bidder.
s. Manufacturer has to design the stages of solar pump in such a way that, the water shall reach to
ESR/GSR(Water Tank) with necessary designed force and with adequate pressure. Any fault in
design of stages of pump will be sole responsibility of the bidder.
t. The solar pump must be installed on plane surface or in case of installation at other place, the
required surface area must be levelled.
u. Installation of display board by bidder showing project details are necessary. Content &
specification on display board will intimate after award of contract given to bidder.
3. Eligibility.
(Test Certificate for any one of the above components from a MNRE accredited Test lab is
mandatory)
OR
A PV System Integrator with three years track record in OFF - GRID PV Systems.
OR
MNRE empanelled Company to Participate in Solar Pumping Programme through NABARD.
II. Bidder should not be blacklisted by any Govt. Agency.
III. The bidder should have ISO 9001:2008 certification.
IV. At least 100 Solar Photovoltaic Water Pumping Systems of similar type should have been
installed & commissioned by the bidder.
VI. Average Annual Financial Turnover in the last 3 years, ending 31 st March of the previous financial
year should be at least 5 Crore duly certified by CA.
VII. Bidder should have Test Certificate for the tendered Model of Solar Water Pumping System from
a MNRE authorized testing centre at the time of bidding. Test Certificate should have been issued
on or after 1 January 2014.
VIII Bidders should have GST registration certificate
IX Bidder must submit the address, company personnel details of registered office within
periphery of Nagpur division which will be responsible for conducting O&M within the CMC period
briskly.
XI Existing water pump under water supply scheme of Grampanchayat in well, necessary to
install Non-Return Valve arrangement with T-Joint by bidder.
• Turn Over:
The Individual bidder should have an average annual financial turnover during any three (3)
successive years out of FY 2016-17, 2017-18 & 2018-19 equivalents to at least 5 Crore.
• Instructions
• Bidder shall upload Information, Experience Certificates, Test Reports and other such relevant
documents’ pertaining to the type of the pumping system bidder wants to quote for.
• Technical Proposals which are submitted by non-qualified bidders or which are evaluated to be not
responsive will be rejected and not further considered.
• Only Technical Proposals confirming to minimum eligibility criteria and found to be responsive will
be taken up for detailed technical evaluation. A technical/tender committee shall evaluate the Bids
submitted by bidders for a detailed scrutiny. During evaluation of Bids, MEDA, may, at its
discretion, ask the bidders for clarification of their Proposals.
• Bidder must take care of all standards of MNRE for installation of off grid water pumping system.
a. The Letter of award (LoA)/s shall be issued to the successful bidder/s who ever qualifies in the
complete process as mentioned.
b. Bidder should upload only the documents which are asked to upload in the tender document.
1. The Matching exercises will be carried out for bidders who give consent in the form
(Appendix-VI).
• The Bid uploaded by the Bidder and all correspondence and documents in relations to the bid shall
be in English Language. For more details refer clause 5 of this section.
• The MEDA will not entertain any claim at any stage from the successful bidder on the plea of not
having sufficiently acquainted himself as to the site conditions
4. Cost of Bidding
The bidder shall bear all costs associated with the preparation and submission of bid and MEDA will in
no case be responsible or liable for these costs, regardless of the conduct or outcome of the bidding
process.
5. Language of Bid
The Bid uploaded by the Bidder and all correspondence and documents in relations to the bid shall be in
English Language. Supporting documents and printed literature furnished by the bidder may be in another
language provided they are accompanied by an accurate translation of the relevant passages in the English
language duly authenticated and certified by the bidder. Supporting materials, which are not translated
into English, may not be considered. For the purpose of interpretation and evaluation of the Application,
the English language translation shall prevail.
6. Documents Comprising the Bid
The Bid prepared by the Bidder shall be uploaded in ‘Two parts Viz. Technical and Financial bids
comprising the following components. Bids shall electronically submit online in the E-tender platform
and the documents shall be scanned and submitted.
The Earnest Money Deposit for this project of Rs. 2,72,150/- should be paid online through respective
portal. The Companies are eligible for EMD exemption as per GR published on 1-12-2016 by
Industry, Energy and Labour department by submitting the valid documentary proof. No interest shall
be payable on the amount of Earnest Money. It shall be retained by MEDA. EMD shall be returned to
unsuccessful Bidders after acceptance of work order by successful Bidder and EMD of successful
Bidder shall be returned after submission of security deposit.
FORFEITING OF EMD:
3. The Bidder violates any of the terms and conditions of the tender.
5. The Bidder fails / refuses to execute the contract, in this case MEDA shall have full right to claim
damages thereof in addition to the forfeiture of EMD.
B) SECURITY DEPOSIT:
1. The Bidder shall furnish security deposit at 3% of the total contract value on the same day on
which work order is issued by demand draft of nationalized/scheduled bank in favour of
Maharashtra Energy Development Agency, Nagpur. In case the bidder shall quoted price below
the 20% of estimated Tender cost then bidder should bear additional percentage below cost in
addition to 3% SD as per Govt. Rule. For Example, if bidder quoted price below the 21% of
Estimated cost of Tender then bidder has to submit the demand draft of amount 4% (3% +
additional 1%) of estimated cost in favour of MEDA.
2. Failure to comply with the terms of security deposit shall result into cancellation of work order
without any further reference to the Bidder and the EMD shall be forfeited.
3. The security deposit shall be liable to be forfeited wholly or partly at the sole discretion of the
MEDA, if the Bidder either fails to execute the work of above projects or fails to fulfil the
contractual obligations or fails to settle in full his dues to the MEDA.
4. In case of premature termination of the contract, the security deposit will be forfeited and the
MEDA will be at liberty to recover the losses suffered by it & if additional cost is to be paid, the
same shall be recovered from the Bidder.
5. The MEDA is empowered to recover from the security deposit for any sum due and for any other
sum that may be fixed by the MEDA as being the amount or loss or losses or damages suffered by
it due to delay in performance and / or non-performance and / or partial performance of any of the
conditions of the contract and / or non-performance of guarantee obligations.
6. The security deposit shall be released to the Bidder only after contract is completed to the
satisfaction of the MEDA on request application of bidder.
8. PRICE VARIATION
Under any circumstances & for any reasons, escalation in the contract value will not be considered by
MEDA.
9. JURISDICTION
In case of any dispute, in the documentation and during implementation, commissioning, completion
and CMC period, all the matter will be resolve under WARDHA Jurisdiction only.
The time frame for the completion of work is 150 Days from the date of issue of work order.
Bids shall remain valid for 180 days after the date of opening of Technical Bid. A Bid valid for a
shorter period shall be rejected by MEDA as non-responsive.
In exceptional circumstances, MEDA may solicit the Bidder’s consent to extend the period of validity.
The request and the responses thereto shall be made in writing. The EMD provided shall also be
suitably extended. A Bidder granting the request will not be required nor permitted to modify its bid.
• Bids must be uploaded by the bidder through e-tender process not later than the time and date
specified in the invitation for Bids.
• The MEDA may, at the discretion, extend this deadline for submission of bids by issuing an
addendum, in which case all rights and obligations of MEDA and Bidders previously subject to the
deadline will thereafter be subject to the deadline as extended.
During evaluation of Bids, MEDA may, at its discretion, ask the Bidder for a clarification of its
bid. The request for clarification and the response shall be in writing and no change in prices or
substances of the Bid shall be sought, offered or permitted.
• MEDA reserves the right to accept or reject any bid or all the bids and to annul the bidding process and
reject all bids at any time prior to award of contract, without thereby incurring any liability or any
obligation to inform the affected bidder or bidders of the grounds for the said action.
• Any Bid with incomplete information is liable for rejection.
• For each category of pre-qualification criteria, the documentary evidence is to be produced duly attested
by the authorized representative of the bidder and serially numbered. If the documentary proof is not
submitted for any/all criteria the Bid is liable for rejection.
If any information given by the bidder is found to be false/ fictitious, the Bidder will be
debarred for 3 years from participating in any other tenders of MEDA and will be black listed.
Prior to evaluation of Bids, MEDA shall determine whether each Bid is responsive to the
requirements of the tender document. A Bid shall be considered responsive only if all documents
as outlined in the tender document for two stage bid process are submitted as per the pre-
defined format.
The MEDA reserves the right to reject any Bid which is non-responsive and no request for alteration,
modification, substitution or withdrawal shall be entertained by the MEDA in respect of such Bid.
Bid evaluation will be carried out considering the information furnished by Bidders as per the
Tender documents. Based on technical/ qualifying criteria preferred bidders will be short listed.
Technical Evaluation
The price bids of the eligible bidders will then be evaluated in the manner provided below;
• At the outset, the price bids of all the Bidders who are technically qualified in technical evaluation
shall be opened a s p e r o f f i c i a l o r d er s .
• The bidder's names, the Bid Prices, total amount of each bid and other details as MEDA may consider
appropriate, will be announced and recorded by MEDA at the opening. Final evaluated sheet will be
declared on GoM e-Tender site.
• Bidder that has quoted the lowest price (inclusive of all the taxes/duties) without breach any technical
specification as per terms and condition shall be declared as the preferred Bidder.
• The work orders shall be issued to the successful bidder who ever qualifies in the complete
process as mentioned above.
MEDA will award the contract to the successful bidder whose bids has been determined to be
substantially responsive and has been determined as the lowest evaluated bid as per the criteria
mentioned above, provided further that the bidder is determined to be qualified to perform the contract
satisfactorily. The undertaking, annexure mentioned in tender document, document related to eligibility
must be compulsorily submitted by the awarded bidder.
20 Security Deposit:
a. The successful bidder shall furnish the Demand Draft of 3% amount of total contract Value
within 14 calendar days from the issue of the Letter of Award (LOA)/ Work Order.
b. After completion of CMC of last pump, Contractor/Agency will submit performance Bank
Guarantee, for an amount equal to 20% of contract value for the period of 5 years. Out of these
4% contract value will be released per year after submission of performance report generated by
remote monitoring system. As mentioned in terms of payment clause.
c. Without limitation to the provisions of the preceding paragraph, whenever the Employer's
Representative determines an addition to the Contract Price as a result of a change in scope
and/or legislation or as a result of a variation, the Contractor, at the written request of the
Employer's Representative, shall promptly increase the value of the security deposit by an equal
percentage.
d. The defect liability period of the works including the material shall be 5 years which includes
free replacement of defective/non-working/faulty/ malfunctioning components of Solar
Photovoltaic water pumping systems within Contractual period till completion of
Comprehensive maintenance contract period (CMC) of 5 years of commissioning of last pump.
e. Prior to making a claim under the Performance Bank Guarantee, the Employer or his
representative shall, in every case, notify the Agency stating the nature of the default for which
the claim is to be made.
f. Forfeiture of Security Deposit
The security deposit specified in the clause 20 will be liable to be forfeited if
i. The contractor fails to initiate the works after award of contract or
ii. The progress of works was perpetually lagging behind the intended progress of works as per
agreed milestone or
iii. The contract is terminated due to the reasons attributed to the contractor or
iv. The quality of material is not as per standard or if the works is not carried out as per standard
method of construction, or not observing the rules and regulations as specified or
v. The Security Deposit shall not be forfeited unless the opportunity of being heard has been
reasonably given to the party and no sign of improvement has been observed.
SECTION - III
GENERAL CONDITIONS OF CONTRACT (GCC)
The following are the General Conditions of Contract for Supply of Solar Photovoltaic Water Pumping
Systems, as per the specifications given in the document.
1. THE CONTRACT
1.1 Definitions
In the Contract (as defined below) the words and expressions defined below shall have the meanings assigned
to them, except where the context requires otherwise:
Documents
"Contract" means the agreement if any to be entered into by the owner with the contractor and shall
includes these Conditions of Contract, the Employer's Requirements, the Tender, the Contractor's
Proposal, the Schedules, the Letter of Award and such further documents as may be expressly
incorporated in the Letter of Award or Contract Agreement (if completed) and any further conditions
which may be specifically agreed to between the parties as forming the part of contract.
"Employer's Requirements" means the description of the scope, standards, design criteria (if any) and
program of work, as included in the Contract, and any alterations and modifications thereto in
accordance with the Contract. The Conditions of Contract, Technical Specifications, Drawings,
Appendix to Tender and all other information contained in the bidding documents form an integral
part of the Employer’s Requirements.
"Tender" means the Contractor's priced offer to the Employer for the Works, as accepted by the Letter
of Award. The word 'tender’ is synonymous with 'bid'.
“Appendix to Tender" means the completed appendix comprised in the Tender. The words ‘Appendix to
Tender’ are synonymous with the words ‘Appendix to Bid’, ‘Appendix to Technical Proposal’, and
‘Appendix to Price Proposal’.
"Contractor's Proposal" means the completed Sections, Schedules, and supporting documentation
submitted with the Tender, as included in the Contract.
"Schedules" means the information and data submitted with the Tender, as included in the Contract.
"Schedule of Payments" means the Schedule designated as such (if any), referred to in section IX.
"Letter of award" means the formal acceptance by the Employer of the Tender. The term “Letter of
award” is synonymous with the term “Notice of Award”.
"Contract Agreement" means the contract agreement (if any) referred to in Sub-Clause 1.5.
Persons
"Employer" means the person named as specified in clause 2 of section 1, and the legal successors in
title to such person, but not (except with the consent of the Contractor) any assignee of such person.
"Contractor" means the person whose Tender has been accepted by the Employer and the legal
successors in title to such person, but not (except with the consent of the Employer) any assignee of
such person.
"Employer's Representative" means the person appointed by the Employer to act as Employer's
Representative for the purposes of the Contract and named as specified, or other person appointed
from time to time by the Employer and notified as such to the Contractor.
"Contractor's Representative" means the person (if any) named as such in the Contract or other person
appointed from time to time by the Contractor.
“Arbitrator” means a person agreed by the parties to act as Arbitrator or a person appointed by the
Employer to settle any dispute or differences between the Employer and the Contractor and named as
such is specifiedTender and shall include “Principal Arbitrator”.
“Financing Agency” means the financial institution that will provide or has provided loan financing to
the Employer which is to be applied towards the cost of executing the Contract.
“Third Party Inspector” means the person(s) or firm(s) engaged by the Employer and notified as such to
the Contractors who will be authorized to conduct independent inspections on the Plant, Equipment
and Materials to be supplied bythe Contractor for incorporation into the permanent Works in respect
of Solar Photovoltaic water pumping System, either at the place of manufacture or fabrication or at the
Site, as applicable.
“Beneficiary” shall mean the farmer, finalized by the district committee as per the list issued along with
the work order for supply of Solar Photovoltaic Water pumping System with its installation and
commissioning with CMC of 5 years by the Contractor/Agency under this Contract.
“Inspecting Authority” shall mean any Engineering person or personnel authorized by MEDA to
supervise and inspect.
“The Contractor/Agency” means the entity supplying the goods and services under this contract
"Effective Date" means the date on which the Contract enters into legal force and effect. That will be
the date of signing of the contract agreement.
"Commencement Date" Date of issue of Letter of Award (LOA) shall be considered as the
commencement date of contract.
"Time for Completion" means the time for completing the Works and commissioning of complete
Section, and passing the Tests on Completion, as stated in the Appendix to Tender, calculated from
the Commencement Date.
“Guarantee Period” means the time as stated in the Appendix to Tender for guaranteeing the Plant,
Equipment, and Materials against defects in materials, workmanship and manufacturing defects,
calculated from the date upon which the entire Works ( completion and commissioning of all the
useful Sections in all respect) have been completed as certified by the Employer’s Representative. The
term “Defects Liability Period” is synonymous with the term “Guarantee Period”.
"Contract Period" means the period from the Commencement Date to the date of completion of the
guarantee period.
"day" means a calendar day, “month” means a calendar month, and ”year" means 365 days, as per the
English Calendar.
“Milestone” means the time as specified for completing and commissioning of complete Sections or for
completing a designated percentage of the total value of the Works, calculated from the
Commencement Date. The Milestones shall be developed by the Contractor, in consultation with the
Employer and Employer’s
Representative, so as to form an “interim target date” by which the Contractor will be required to
complete that Section’s Works so as to maintain pro-rata progress throughout the duration of the Time
for Completion.
“Defect Notice Period” means the period after observation of the Defect within which the Employer
should notify the Contractor about the Defect. Notification of the Defect will normally be made
immediately after its observation.
“Defect Correction Period” means the period for correction of the Defect by the Contractor, beginning
from receipt of the Notice of Defect from the Employer by the Contractor and extending up to days
thereafter.
"Tests on Completion" means the tests specified in the Contract and designated as such, and any other
such tests as may be agreed by the Employer's Representative and the Contractor or instructed as a
Variation, which are to be carried out before the Works are taken over by the Employer.
“Pre-commissioning” means the testing, checking and other requirements specified in the Contract that
are to be carried out by the Contractor in preparation for Commissioning, as provided in hereof. The
term “Pre-commissioning” is synonymous with the term “Test Charging”, as commonly used in the
Industry.
"Tests after Completion" means the tests specified in the Contract and designated as such, which are to
be carried out after the Works are taken over by the Employer, as specified hereof.
“Commissioning” means operation of the Facilities or any part thereof by the Contractor following
Completion, which operation is to be carried out by the Contractor, for the purpose of carrying out
Guarantee Test(s). The term “Commissioning” is synonymous with the term “Permanent
Energisation”, as commonly used in the Industry.
“Guarantee Test(s)” means the test(s) specified in the Contract to be carried out to ascertain whether the
Facilities or a specified part thereof is able to attain the Functional Guarantees specified in the
Contract in accordance with the provisions.
"Taking-Over Certificate" means a certificate issued by the Engineer when the Works, have been
completed in accordance with the Contract.
"Final Contract Completion Certificate" means the certificate issued by the Employer’s Representative
upon satisfactory completion of the Guarantee responsibilities.
"Contract Price" means the sum stated in the Letter of Award as payable to the Contractor for the
survey, design, execution, testing, commissioning and completion of the Works and the remedying of
any defects in accordance with the provisions of the Contract, including guarantee of the Works and
plant during the defects liability period.
"Local Currency" means the currency of the Employer’s Country, i.e., Indian Rupees.
"Cost" means all expenditure properly incurred (or to be incurred} by the Contractor, whether on or off
the Site, including overhead and similar charges, but does not include profit.
Other Definitions
"Construction Documents" means all drawings, calculations, computer software (programs), samples,
patterns, models, operation and maintenance manuals, and other manuals and information of a similar
nature, to be submitted by the Contractor.
“Specifications” mean and include collectively all the terms and stipulations contained in the bid
document including the Conditions of Contract, technical provisions and annexure thereto, addenda
and lists of corrections, amendments and clarifications, as well as any variations issued by the
Employer’s Representative during the course of the Contract.
"Variation" means any alteration and/or modification to the Contract which is instructed by the
Employer's Representative or approved as a variation by the Employer's Representative.
"Works" means the Permanent Works and the Temporary Works or either of them as appropriate,
including design, supply, transportation, construction, erection, testing, pre-commissioning of the
constructed facilities in respect of Solar Photovoltaic water pumping system and remedying of any
defects, but excluding guarantee of the facilities after completion of the Works.
“Defect” means any part of the Works not completed in accordance with the Specifications and terms
and conditions of Contract, including any Works or part thereof which becomes faulty during the
Guarantee (Defects Liability) Period.
“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.
"Permanent Works" means the permanent works to be designed and executed in accordance with the
Contract.
"Temporary Works" means all temporary works of every kind (other than Contractor's Equipment)
required for the execution and completion of the Works and the remedying of any defects.
"Plant" and/ or “Plant and Equipment” means permanent plant, equipment, machinery, apparatus,
articles and things of all kinds to be provided and intended to form or forming part of the Permanent
Works, including the supply-only items (if any) which are to be supplied by the Contractor as
specified in the Contract, but does not include Contractor’s equipment.
"Materials" means things of all kinds (other than Plant) to be provided and incorporated in the
Permanent Works by the Contractor, including the supply-only items (if any) which are to be supplied
by the Contractor as specified in the Contract.
“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., 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 construction materials required), installation, testing,
pre-commissioning, commissioning, operations, etc.
“Guarantee" means the supply of all things necessary so as to remedy any defects in workmanship,
materials, plant and equipment and guarantee proper operation of the constructed facilities for the
period of time as specified in the Appendix to Tender after completion of the Works, all in accordance
with the conditions of the Contract.
"Contractor's Equipment" means all machinery, apparatus and other things (other than Temporary
Works) required for the execution, completion and guarantee of the Works and the remedying of any
defects, but does not include Plant and Equipment, Materials, or other things intended to form or
forming part of the Permanent Works.
"Site" means the places provided by the Employer where the Works are to be executed at the locations
of identified Villages and to which Plant and Materials are to be delivered and any other places as may
be designated in the Contract as forming part of the Site.
"Country” means the country in which the Works are to be executed and to which Plant and Materials
are to be delivered. For the purposes of this Contract, the Country is India.
"Services" means services ancillary to the supply of the Goods which includes transportation and
insurance and any other incidental services, such as installation, commissioning, maintenance,
provision of technical assistance, training and other obligations of the Contractor/Agency covered
under the Contract;
"Writing" shall include any manuscript, typewritten, printed or other statement reproduced in any
visible form whether under seal or written by hand.
The headings and marginal notes are not part of these Conditions, and shall not be taken into
consideration in their interpretation.
1.3 Interpretation
i. Words importing persons or parties shall include firms and corporations and any organization having
legal capacity.
ii. Words importing the singular also include the plural and vice versa where the context requires.
Where versions of the Contract are prepared in different languages, the English language version shall
prevail.
The language for reporting and day to day communications shall be English.
2. Priority of Documents
The documents forming the Contract are to be taken as mutually explanatory of one another. If there is
an ambiguity or discrepancy in the documents, the Employer shall issue any necessary clarification or
instruction to the Contractor, and the priority of the documents shall be as follows:
(a) The Contract Agreement;
(b) The Letter of award;
(c) The Bid (accepted Price Proposal);
(d) The Conditions of Contract, ;
(e) The Employer's Requirements (including Specifications and
Drawings); and
(f) The Contractor's Proposal (Technical Proposal, including
Completed Schedules).
The Contractor shall keep on the Site one complete set of the documents forming the Contract, the
Construction Documents, Variations, other communications given or issued and the documents
mentioned in Sub-Clause 5.4. The Employer, the Employer's Representative and assistants (as referred
to in Clause 3) shall have the right to use such documents at all reasonable times.
1.2 Communications
a. Wherever provision is made for the giving or issue of any notice, instruction, consent, approval,
certificate or determination by any person, unless otherwise specified such communication shall
be in writing and shall not be unreasonably withheld or delayed.
b. Wherever provision is made for a communication to be "written" or "in writing", this means any
hand-written, type-written or printed communication, including the agreed systems of electronic
transmission stated in the Appendix to Tender.
c. All certificates, notices or written orders to be given to the Contractor by the Employer or the
Employer's Representative, and all notices to be given to the Employer or to the Employer's
Representative by the Contractor, shall either be delivered by hand against written
acknowledgement of receipt, or be sent by airmail or one of the agreed systems of electronic
transmission. The addresses for the receipt of such communications shall be as stated in the
Appendix to Tender.
d. Project review coordination meetings between the Employer, Employer’s Representative and
Contractor shall be conducted on a monthly basis or as and when required by the Employer, at
locations decided by the Employer, to review the Contractor’s progress and plans for completing
the remaining Works, to deal with matters affecting the progress of the Works, and to decide on
responsibility for actions required to be taken. The Employer / Employer’s Representative shall
prepare the Minutes of Meeting and provide copies for the records of all attendees. Decisions
taken and instructions issued during the coordination meetings, as recorded in the Minutes, shall
have the same force and effect as if they were written communications issued in accordance with
the three preceding paragraphs.
The Construction Documents shall be in the custody and care of the Contractor. Unless otherwise
stated in the Employer's Requirements, the Contractor shall provide one reproducible original, one
soft (electronic) copy, one full-size original copy and six printed copies of all designs and drawings
prepared by the Contractor for the use of the Employer's Representative and assistants.
Copyright in the Construction Documents and other design documents made by or on behalf of the
Contractor shall (as between the parties) remain the property of the Contractor. The Employer may, at
his cost, copy, use and communicate any such documents (including making and using modifications)
for the purposes of completing, operating, maintaining, altering, adjusting and repairing the Works.
They shall not, without the Contractor's consent, be used, copied or communicated to a third party by
the Employer or the Employer's Representative for other purposes.
Copyright in the Employer's Requirements and other documents issued by the Employer or the
Employer's Representative to the Contractor shall (as between the parties) remain the property of the
Employer. The Contractor may, at his cost, copy, use and communicate any such documents for the
purposes of the Contract. They shall not, without the Employer's consent, be used, copied or
communicated to a third party by the Contractor, except as necessary for the purposes of the Contract.
3. Confidential Details
The Contractor shall not be required to disclose, to the Employer or the Employer's Representative,
the confidential details listed in the Appendix to Tender.
The Contractor shall, in all matters arising in the performance of the Contract, comply with, give all
notices under, and pay all fees required by the provisions of any national or state statute, ordinance or
other law, or any regulation of any legally constituted public authority having jurisdiction over the
Works. The Contractor shall obtain all permits, licenses or approvals required for implementing,
testing and commissioning any part of the Works in reasonable time taking account of the times for
delivery of the Plant and Materials and for completion of the Works, and the costs of any such
permits, licenses or approvals shall be included in the Contract Price for the relevant Activity. The
Employer and the Contractor shall comply with the laws of India and the State of Maharashtra.
The Contractor shall comply with all the relevant labor laws applying to his employees, and shall duly
pay and afford to them all their legal rights. The Contractor shall require all such employees to obey
all applicable laws and regulations concerning safety at work. Contractor shall deposit the labour cess
as per Building and Other Constructions workers, Welfare Cess Act 1996 to State Government(if
applicable) otherwise same shall be deducted from RA (Running Account) bill and shall be deposited
to Government Authority.
1.3 Confidentiality
The Contractor shall treat the details of the contract as private and confidential, except to the extent
necessary to carry out its obligations under it. The Contractor shall not publish any information,
drawings or photographs concerning the Works, or permit to be published, or otherwise disclose any
particulars of the Contract in any trade or technical paper or elsewhere without the prior consent in
writing of the Employer, and subject to any terms and conditions that he may prescribe.
The Contractor shall permit the Financing Agency and/or Employer and /or Employer’s representative
to inspect the Contractor’s accounts and records relating to the performance of the Contract and to
have them audited by the Financing Agency and/or Employer, if so required by the Financing Agency
and/or Employer.
4. Manner of Execution
Execution of work shall be carried out in the approved manner as outlined in the technical
specifications or where not outlined, in accordance with relevant MNRE/MEDA/ BIS/ Indian
Standard Specifications, to the reasonable satisfaction of The Employer.
a. The Contractor/Agency should successfully complete the project within timeframe set out by the
employer and as per the mutually agreed milestone between Contractor/Agency and Employer.
b. MEDA shall not be responsible for any loss or damage of any material when providing Solar
Photovoltaic Water Pumping Systems.
c. Undertake necessary activities during the warranty period as set out in this Contract.
5. Application
These General Conditions shall apply to the extent that they are not superseded by provisions in other
parts of the contract.
6. Standards
a. The goods supplied under this contract shall confirm to the Standards mentioned in the Technical
specification Section VII as per the MNRE/MEDA requirements and, when no applicable
standard is mentioned, to the authoritative standard appropriate to the Good’s country of origin
and such standards shall be the latest issued by the concerned institution.
b. Inspection & Testing: MEDA reserves the right to Inspect & test the various components Solar
Photovoltaic Water Pumping System before the dispatch to confirm their standards to the contract
specifications at no extra cost to MEDA. If required, the pre dispatch testing of the Solar
Photovoltaic Water Pumping System shall be done at the manufacture’s place. These tested
parameters should match the IEC/ ISI/ MNRE/MEDA/ BEE standards of tender. If components of
the system are not as per the standards, entire lot has to be replaced with new components which
shall confirm to the standards mentioned in the tender at Contractor/Agency’s cost.
7. Setting Out:
The Contractor shall set out the Works in relation to original points, lines and levels of reference
specified in the Contract Documents or, if not specified, given by the Employer's Representative in
writing. The Contractor shall rectify, at his cost, any error in the positions, levels, dimensions or
alignment of the Works.
a. The Contractor/Agency shall not, without MEDA’s prior written consent, disclose the contract or
any provision thereof, or any specification, plan, drawing, pattern, sample or information
furnished by or on behalf of MEDA in connection therewith, to any person other than a person
employed by the Contractor/Agency in performance of the contract. Disclosure to any such
employed person shall be made in confidence and shall extend only, so far as may be necessary
for purposes of such performance.
b. The Bidder shall not, without MEDA prior written consent, make use of any document or
information.
c. Any document, enumerated in this tender shall remain the property of MEDA and shall be
returned (in all copies) to MEDA on completion of the Contractor/Agency performance under the
contract if so required by MEDA.
d. The Contractor/Agency shall permit the authorized representative of MEDA to inspect the its
accounts and records relating to the performance of the Contractor/Agency and to have them
audited by auditors appointed by the Government, if so required by the Government.
a. MEDA or its representative shall have the right to inspect or to test the goods to confirm their
conformity to the contract specifications at no extra cost to MEDA.
b. The inspections and tests may be conducted on the premises of the Contractor/Agency at point of
delivery and/ or at the goods final destination. If conducted on the premises of the
Contractor/Agency, all reasonable facilities and assistance, including access to drawings and
production data-shall be furnished to the inspectors at no charge to MEDA.
c. Should any inspected or tested goods fail to conform to the specifications, MEDA m a y reject the
goods and the Contractor/Agency shall either replace the rejected goods or make necessary
alterations to meet specifications requirements free of cost to MEDA.
d. The MEDA's right to inspect, test and where necessary, reject the Goods after the Goods arrival at
Project Site shall in no way be limited or waived by reason of the goods having previously been in
spected, tested and passed by MEDA or its representative prior to the goods shipment.
e. Pre-dispatch Inspection: MEDA or its representative shall perform pre dispatch Inspection of Solar
Photovoltaic Panel/Pump/motor etc as per the procedure mentioned in Appendix -VII.
f. Nothing in GCC Clause 7 shall in any way release the Contractor/Agency from any warranty or
other obligations under this contract.
g. MEDA may appoint third party for inspection of complete system, its workmanship and
performance during contract period of the projects.
Delivery of the goods shall be made by the Contractor/Agency in accordance with the terms specified
by MEDA and notified in the Intent. The details of dispatch and other documents to be furnished by
the Contractor/Agency are specified in SCC.
11. Insurance
Solar photovoltaic water pumping Systems under the contract shall be fully insured b y t h e
C o n t r a c t o r in Indian Rupees against any loss or damage incidental to manufacture or acquisition,
transportation, storage till handing over the complete system to the beneficiary.
12. Transportation
Where the Contractor/Agency is required under the contract to transport the goods to specified
locations defined as Project sites, transport to such places including insurance, as shall be specified in
the contract, shall be arranged by the Contractor/Agency, and the contract price shall include
transportation costs.
13. Payment:
Payment will be made to the Contractor/Agency as per section IX.
14. Sub-contracts:
Sub contract is strictly prohibited.
If at any time during installation and commissioning, if the Contractor/Agency encounters conditions
impeding timely delivery of the goods and performance of services, the Contractor/Agency shall
promptly notify MEDA in writing of the fact of the delay, it’s likely duration and its cause(s). As soon
as possible after receipt of the Contractor/Agency notice, MEDA shall evaluate the Situation and may,
as its discretion, extend the Contractor/Agency's time for performance with or without liquidated
damages, in which case the extension shall be ratified by the parties by amendment of the contract.
Except as provided under GCC Clause 15, a delay by the Contractor/ Agency in the performance of its
delivery obligations shall render the Contractor/ Agency liable to the imposition of liquidated
damages pursuant to GCC Clause 16, unless an extension of time is agreed upon pursuant to GCC
Clause 16 without the application of liquidated damages.
MEDA without prejudice to any other remedy for breach of contract, by written notice of default sent
to the Contractor/ Agency, terminate the contract in whole or part:
a) If the Contractor/Agency fails to deliver any or all the goods within the period(s) or within
any extension thereof granted by the MEDA pursuant to GCC Clause15; or
"Corrupt Practice" means the offering, giving, receiving, or soliciting of any thing of value to
influence the action of a public official in the procurement processor in contract execution.
In the event MEDA terminates the contract in whole or in part, pursuant to clause no 18 section II,
'MEDA may procure, upon such terms and in such manner as it deems. Appropriate goods or services
similar to those undelivered and the Contractor/Agency shall be liable to MEDA for any excess costs
for such similar goods or services. However, the Contractor/Agency shall continue the performance of
the contract to the extent not terminated.
Notwithstanding the provisions of GCC Clause 18, 19, the Contractor/Agency shall not be liable for
forfeiture of his/her performance security, liquidated damages or termination for default, if and to the
extent that, its delay in performance or other failure to perform its obligations is the result of an event
of Force Majeure.
For purposes of this Clause "Force Majeure" means an event beyond the control of the Contractor/
Agency and not involving the Contractor/ Agencies fault or negligence and not forcible. Such event
may include, but are not limited to, acts of MEDA either in its sovereign or contractual capacity, wars
or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes.
If a Force Majeure situation arises, the Contractor/Agency shall promptly notify MEDA in writing of
such conditions and the cause thereof. Unless otherwise directed by MEDA in writing, the
Contractor/Agency shall continue to perform its obligations as far as is reasonably practical, and shall
seek all reasonable alternative means for performance not prevented by the Force Majeure.
MEDA may at any instance /time may terminate him from the rate contract by giving written notice to
the Contractor/Agency, if the Contractor/Agency become bankrupt or otherwise insolvent. In this
event, termination will be without compensation to the Contractor/Agency, provided that such
termination will not prejudice or affect any right of action or remedy which has accrued or will accrue
thereafter to MEDA.
Three Member Dispute Resolution Committee shall be constituted with one member representing
the bidder & the two members of MEDA (including one member from Account Department). In
case the Dispute resolution committee fails to resolve the dispute, the matter shall be resolved by
arbitration as stipulated under the arbitration act 1996.
For the purpose of all notice, the following shall be the address of the MEDA and
Contractor/Agency.
______________________________________
______________________________________
20. Arbitration
All disputes and differences of any kind whatsoever arising out of or in connection with the
contract, whether during the progress of the work or after its completion and whether before or
after the determination of the contract, shall be referred by the contractor to the Divisional General
Manager MEDA, Nagpur within l20 days after receipt of the contractor’s representation make and
notify decisions of all matters referred to by the contractor in writing.
(i) Demand for Arbitration: In the event of any dispute or difference between the parties
hereto as to the construction or operation of this contract, or the respective rights and
liabilities of the parties on any matter in question, the dispute or difference on any account
or as to the withholding by MEDA of any certificate to which the contractor may claim to
be entitled to, or if the Divisional General Manager MEDA, Nagpur fails to make a
decision (within l20 days) then and in any such case the contractor (after 120 days) but
within (180 days) of his presenting his final claim on disputed matters, shall demand in
writing that the dispute or difference to be referred to arbitration.
(ii) The demand for arbitration shall specify the matters which are in question, or subject of the
dispute or difference as also the amount of claim item-wise. Only such dispute(s) or
difference(s) in respect of which the demand has been made, together with counter claims
or set off shall be referred to arbitration and other matters shall not be included in the
reference.
(a) The arbitration proceedings shall be assumed to have commenced from the day, a
written and valid demand for arbitration is received by the MEDA.
(b) The claimant shall submit his claim stating the facts supporting the claims along
with all relevant documents and the relief or remedy sought against each claim
within a period of 30 days from the date of appointment of the Arbitral Tribunal.
(c) The MEDA shall submit its defence statement and counter claim(s), if any, within a
period of 60 days of receipt of copy of claims from the Tribunal thereafter unless
otherwise extension has been granted by the Tribunal.
(iii) No new claim shall be added during the proceedings by either party. However a party may
amend or supplement the original claim or defence thereof during the course of arbitration
proceedings subject to acceptance by Tribunal having due regard to the delay in making it.
(iv) If the contractor(s) does/do not prefer his/their specific and final claims in writing, within a
period of 150 days of receiving the intimation from the MEDA, that the final bill is ready
for payment, he/they will be deemed to have waived his/their claim(s) and the MEDA shall
be discharged and released of all liabilities under the contract in respect of these claims.
Work under the contract shall, unless otherwise directed by the Engineer, continue during the
arbitration proceedings, and no payment due or payable by the MEDA shall be withheld on
account of such proceedings, provided, however, it shall be open for Arbitral Tribunal to consider
and decide whether or not such work should be continued during arbitration proceedings.
(i) In cases where the total value of all claims in question added together does not exceed
Rs.10,00,000/- (Rupees Ten Lakhs) the Arbitral Tribunal shall consist of a Sole
Arbitrator who shall be either the Divisional General Manager (DGM) MEDA, Nagpur
of the MEDA or serving or retired officer of the MEDA/Government not below the
grade of DGM or equivalent nominated by the Director General of the MEDA in that
behalf. The Sole Arbitrator shall be appointed within 60 days from the day when a
written and valid demand for arbitration is received by the MEDA.
(ii) In cases the value of the claim exceeds Rs.10,00,000/-Rupees Ten Lakhs) as above, the
Arbitral Tribunal shall consist of panel of 3 serving or retired officers of MEDA/ Govt.
not below the grade of DGM / Assistant Director as the Arbitrators. For this purpose, the
MEDA will send a panel of more than 3 names of arbitrators of one or more department
of the MEDA/ Govt. to the contractor who will be asked to suggest to the Director
General at least 2 names for appointment as contractor’s nominee. The Director General
shall appoint at least one of them as the contractor’s nominee and will also appoint the
balance number of arbitrators either from the panel or from outside the panel, duly
indicating the presiding arbitrator from amongst the three (3) arbitrators so appointed.
While nominating arbitrators, it will be necessary to ensure that one of them is or has
worked in Accounts department.
(iii) If one or more arbitrators appointed as above refuses to act as arbitrator, withdraws from
his office as arbitrator or vacates his/their office/offices or is/are unable or unwilling to
perform his functions as arbitrator for any reason whatsoever or dies or in the opinion of
the Director General fails to act without undue delay, the Director General shall appoint
new arbitrators to act in his/their place in the same manner in which the earlier
arbitrator/s had been appointed. Such reconstituted Tribunal, may, as its discretion
proceed with the reference from the stage at which it was left by the previous
arbitrator(s).
(iv) The Tribunal shall have powers to call for such evidence by way of affidavits or
otherwise as the Arbitral Tribunal shall think proper, and it shall be the duty of the
parties hereto to do or cause to be done all such things as may be necessary to enable the
Arbitral Tribunal to make the award without any delay.
(v) While appointing arbitrator(s) as above, due care shall be taken that he/they is/are not the
one/those who had an opportunity to deal with the matters to which the contract relates
or who in the course of his/their duties as MEDA’s servant(s) expressed views on all or
any of the matters under dispute or differences. The proceedings or the Arbitral Tribunal
or the award made by such Tribunal will, however, not be invalid merely for the reason
that one or more arbitrator had, in the course of his service, opportunity to deal with the
matters to which the contract relates or who in the course of his/their duties expressed
views on all or any of the matters under dispute.
(vi) Arbitral award shall state item-wise, the sum and reasons upon which it is based.
(vii) A party may apply for corrections of any computational errors, any typographical or
clerical errors or any other error of similar nature occurring in the award and
interpretation of specific point of award to tribunal within 30 days of receipt of the
award.
(viii) A party may apply to Tribunal within 30 days of receipt of award to make an additional
award as to claims presented in the arbitral proceedings, but omitted from the arbitral
award.
(ix) In case of the Tribunal, comprising of three members any ruling or award shall be made
by a majority of Members of Tribunal. In the absence of such a majority, the views of
the Presiding Arbitrator shall prevail.
(x) Where the arbitral award is for payment of money, no interest shall be payable on whole
or any part of the money for any period till the date on which the award is made.
(xi) The cost of the arbitration shall be borne equally by the respective parties. The cost shall
inter-alia include fees of the arbitrators as per the rates fixed by the MEDA from time to
time. Provided that the fees payable per arbitrator for claims up to Rs. Ten Lakhs shall
not exceed Rs. 2000/- per sitting subject to a maximum of Rs. 25,000/- and the fees
payable per arbitrator for claims over Rs. Ten Lakhs, shall not exceed Rs.2000/- per
sitting subject to a maximum of Rs. 50,000/-. Provided further that the arbitrators who
are in service of Govt./MEDA shall draw fees at half of the rates mentioned above.
(xii) MEDA shall maintain a list of arbitrators. The Director General , MEDA shall have full
powers to delete or add the name of the arbitrators in the list or to make amendments to
the said list as per his discretion.
(xiii) The arbitral proceedings should be completed and the award be finalized within one year
from the date of appointment of arbitrators.
(xiv) Subject to the provisions as aforesaid, Arbitration and Conciliation Act, 1996 and the
rules there under, and any statutory notification thereof shall apply to the arbitration
proceedings under this clause.
C. Disputes
Any disputes or differences arising under, out of or in connection with this tender or contract if not
concluded shall be subject to exclusive jurisdiction of courts in Nagpur city of Maharashtra. The
Indian Law shall govern the contract.
MEDA and the Contractor/Agency shall make every effort to resolve amicably by direct informal
negotiation any disagreement or dispute arising between them.
i. If, after thirty (30) days, the parties have failed to resolve their dispute by such mutual
consultation, then either MEDA or the Contractor/ Agency may give notice to the other
party of its intention to commence arbitration, as hereinafter provided, as to the matter in
dispute, and no arbitration in respect of this matter may be commenced unless such notice
is given.
ii. Any dispute or difference in respect of which a notice of intention to commence arbitration
has been given in accordance with this Clause shall be finally settled by arbitration.
Arbitration may be commenced at any time during the validity of rate contract.
iii. Arbitration proceeding shall be conducted in accordance with the rules of procedure
specified.
a. The parties shall continue to perform their respective obligations unless they otherwise
agree; and
b. The MEDA shall pay the Contractor/ Agency any monies due to the Contractor/ Agency.
The MEDA reserves right to place Intent for supply to extent of availability of funds/grants and
may cancel the project due to unforeseen obligations.
Except in cases of criminal negligence or will full misconduct, and in the case of infringement
pursuant to Clause 5 of GCC,
a. The Contractor/Agency shall not be liable to MEDA, whether in contract ,tort, or Otherwise for
any in director consequential loss or damage ,loss of use, loss of Production or loss of profits or
interest costs, provided that this exclusion shall not apply to any obligation of the
Contractor/Agency to pay liquid dated damages to MEDA;
b. The aggregate liability of the Contractor/Agency to MEDA, whether under the contract, into or to
otherwise, shall not exceed the total contract price, provided that this limitation shall not apply to
the cost of repairing or replacing defective solar photovoltaic water pumping system.
The contract shall be interpreted in accordance with the laws of the Union of India.
24. Notices
Any notice given by one party to the other pursuant to this contract shall be sent to other party in
writing or by cable, telex or facsimile and confirmed in writing to the other party's address specified
in SCC.
A notice shall be effective when delivered or on the notice's effective date, whichever is later.
25. Agreement:
a) The successful Bidder(s) shall execute an agreement for the fulfilment of the contract on non-
judicial stamp paper as per Maharashtra Stamp Act purchase within the state of Maharashtra as per
the format provided separately.
b) The incidental expenses of execution of agreement shall be borne by the successful Bidder {s).
c) The conditions stipulated in the agreement should be strictly adhered to and violation of any of the
conditions in full or in part will entail termination of the contract without prejudice to the rights of
Government of Maharashtra, Purchase and recovery of any consequential loss from the Successful
Bidder.
a. The successful bidder warrants that the Goods installed under this Contract are new, unused, of the
most recent or current models and that they are as per the Technical Specification provided under
this Contract. The Contractor/Agency further warrants that all Goods supplied under this Contract
shall have no defect arising from design, materials or workmanship or from any act or omission of
the Contractor/Agency that may develop under normal use of the supplied Goods in the conditions
prevailing in the country of final destination.
b. The warranty of the solar photovoltaic pumping system shall be as mentioned in section VII.
c. The warranty period shall be extended by the project during which the plant remains non
operative due to the reasons within the control of the contractors. Care should be necessarily taken
to make Solar Photovoltaic Water Pumping System operational, once there porting of the
fault/non operational status is done, within 48hours. If the Solar Photovoltaic water pumping
system is not made operational within 48 hours, the Contractor/Agency will be penalized as per
the penalty clause (Section VI)
d. The Motor Pump sets, Distribution Boards or digital meters or switchgear and overall
workmanship of the Solar Photovoltaic Water Pumping System including mechanical structures
and electrical works must be warranted against any manufacturing or design or installation or
performance defects.
f. The above warranty shall take effect from the date on which the system is taken over by the users
or beneficiaries.
g. The successful bidder shall be liable to make good the loss by replacing the defective product
during the warranty period for the entire system free of cost, failing which MEDA deduct the
amount from the amount retained by MEDA as per Payment terms and will be blacklisted.
h. The warranty will cover all the materials and goods involved in the installation and
commissioning of Solar Photovoltaic Water Pumping Systems by the successful Bidder under this
contract, irrespective of the fact whether these have been manufactured by the Successful Bidder
or not. The decision in this regard by MEDA is final and binding on the successful bidder.
The Bidder shall indemnify MEDA against all third-party claims of infringement of patent, trademark
or industrial design rights arising from use of the Goods or any part thereof in India.
An Operation and Maintenance Manual, printed in Marathi Language, should be provided with each
Solar Photovoltaic pumping system to the beneficiary. The Manual should have information about
solar energy, photovoltaic, modules, AC motor pump set, mounting structures, electronics and
switches. It should also have clear instructions about mounting of PV module, DO's and DONT's and
on regular maintenance and Trouble Shooting of the pumping system. Name and address of the person
or centre to be contacted in case of failure or complaint should also be provided. A warranty card for
the modules and the motor pump set should also be provided to the beneficiary.
Contractor/Agency shall maintain a Maintenance Diary with Beneficiary. All the attendance entries
/maintenance records/trouble shooting/complaint attendance/ readings etc. shall be maintained in this
diary.
29. Packing
The Bidder shall provide such packing of the goods as is required to prevent their damage or
deterioration during transit to their final destination as indicated in the contract. The packing shall be
sufficient to withstand, without limitation, rough handling and exposure to extreme temperatures
during transit and open storage. Packing case size and weights shall take into consideration, where
appropriate, the remoteness of the goods final destination and the absence of heavy handlings facilities
at all points in transit.
The packing, marking and documentation within and outside the item shall comply strictly with such
special requirements as shall be provided for in the contract including additional requirements, if any,
specified in SCC and in any subsequent instructions ordered by the MEDA.
The Contractor/Agency may be required to provide any or all of the following services, including
additional services, if any, specified in SCC:
a. Performance or supervision of the on-site assembly and/ or start-up of the supplied Goods;
b. Furnishing of tools required for assembly and/ or maintenance of the supplied Goods;
c. Furnishing of detailed operations and maintenance manual for each appropriate unit of
supplied Goods;
Performance or supervision or maintenance and/ or repair of the supplied Goods, for a period of 5 years, provided
that this services hall not relieve the Contractor/ Agency of any warranty obligations under this Contract; and
Contract Price quoted by the Contractor/Agency shall include the incidental services and no separate payment in
this regard would be made to the Contractor/Agenc
SECTION–IV
The following Special Conditions of contract shall supplement the General Conditions of Contract. Whenever
there is a conflict, the provisions herein shall prevail over those in the General Conditions of Contract. The
corresponding clause number of the General Conditions is indicated in parentheses.
Dispatch clearance has to be obtained from MEDA only after the issue of the same the materials shall
be dispatched.
Upon Delivery of the goods, the Contractor/Agency shall notify MEDA full details of the
shipment including contract number, transport receipt number and date, description of goods,
quantity, name of the consignee etc. The Contractor/Agency shall mail the following documents to
MEDA:
a. Four copies of the Contractor/Agency invoice showing contract number, goods description,
quantity, price, total amount;
b. Transport receipt/acknowledgement of receipt of goods from the consignee(s)
c. Four copies of packing list identifying of each package;
d. Bidder's/ Contractor/Agency's warranty certificate
e. Inspection certificate issued by the Competent authority nominated by MEDA, and the
Contractor/Agency factory inspection report; and
f. The packages shall have clear indication of place/quantity on the outer cover and within the
cover it shall have all the detailed list of beneficiaries and all the bill books, acknowledgement
receipts etc as per work order.
The above documents shall be submitted to MEDA before arrival of the goods (except where the
goods have been delivered directly to the consignee with all documents) and, if not received, the
Contractor/Agency will be responsible for any consequent expenses. MEDA is not responsible for
any loss/damages to the material & what so ever and the material if sent to different destiny /location
the entire incidental charges to resend the same to the correct location shall be borne by the bidder.
Billing:
4. Contractor/Agency Integrity:
The Contractor/Agency is responsible for and obliged to conduct activities in accordance with the
terms and conditions of tender Document using state-of- the-art methods and economic principles and
exercising all means available to achieve the performance specified in the contract.
5. Contractor/Agency's Obligations:
The Contractor/Agency is obliged to work closely with MEDA staff, act within its own authority and
abide by directives issued by MEDA and implementation activities.
The Contractor/Agency will abide by the job safety measures prevalent in India and will free MEDA
from all demands or responsibilities arising from accidents or loss of life the cause of which is the
Contractor/Agency's negligence. The Contractor/Agency will pay all indemnities arising from such
incidents and will not hold MEDA responsible or obligated.
The Contractor/Agency is responsible for managing the activities of its personnel or subcontracted
personnel and will hold itself responsible for any misdemeanours.
The Contractor/Agency will treat as confidential all data and information about MEDA, obtained in
the execution of his responsibilities, in strict confidence and will not reveal such information to any
other party without the prior written approval of MEDA.
MEDA, in no case will be responsible for any accident fatal or non-fatal, caused to any workman or
outsider in course of transport or execution of work. All the expenditure including treatment or
compensation will be entirely borne by the Contractor/Agency. The Contractor/Agency shall also be
responsible for any claims of the workers including PF, Gratuity, ESI & other legal obligations.
The Contractor/Agency should provide Solar Photovoltaic Water Pumping System as per the
particulars as per the tender scope to the Beneficiaries in districts of Maharashtra strictly in
accordance with the Terms & Conditions of the contract and without any defects.
a. The work relating to providing Solar Photovoltaic Water Pumping System should be executed
without any delay as per the implementation schedule mentioned in this document.
b. MEDA reserve the right to depute engineer officers from his/her office for the supervision and
inspection at the time of implementation of the contract. The bidder should submit report to
the concerned engineer officer regarding the implementation of the contract.
c. The Contractor/Agency should provide Solar Photovoltaic Water Pumping System in
accordance with Technical Specification.
d. If any defect is noticed within warranty period after supply, same will have to be replaced by
the Contractor/Agency at his own expenses.
e. The successful bidder should indicate the name and address of their nearest centre that can
take up immediate action on complaint
SECTION-V
IMPLEMENTATION SCHEDULE AND PROCESS:
The work should be implemented by the Contractor/Agency as per the following implementation
schedule: -
The list of Grampanchayat /Village for installation of Solar Photovoltaic Water Pumping System along
with Taluka & necessary other details such as site address will be handed over by Division Office
MEDA, Nagpur along with LOA/work order.
The Agency to provide Solar Photovoltaic Water Pumping System to Selected Grampanchyat/Village
as per mutually agreed milestone.
If Agency fails to perform the activities as per the agreed milestone, the Notice to Correct Work shall
be issued.
In spite of above notice to correct works Agency fails to perform/improve the activities, the notice of
termination of the contract shall be issued.
In case Agency fails to perform the activities even after 15 days from the issue of the Termination of
Contract Notice, the contract/work shall be terminated.
The incomplete work as per the contract shall be completed at the risk and cost of the Agency and the
further penal/legal action shall be initiated against agency.
• The Agency has to provide operation and maintenance manuals, as specified, in Marathi Language and
also to provide Maintenance Diary with beneficiary at site.
• The system shall be handed over to the concern Grampanchyat after successful commissioning and
operation through prescribed handing over and taking over as per procedure in prescribed format. The
Agency should take acknowledgment as per the procedure.
• Agency should handover acknowledgement receipts to MEDA along with photo graphs of Solar
Pumping System with beneficiary & employer’s local representative.
• Agency has to attend the complaints on information and resolve the same within 48 hrs.
• Agency has to replace defective Solar Photovoltaic Components of the systems during the warranty
period.
• Agency to follow above outlined process for replacement of defective Solar Water Pumping system.
Agency has to obtain acknowledgment for the same and submit to MEDA as per the procedure.
SECTION VI:
PENALTY FOR DELAY AND INCENTIVE:
b) If the Contractor fails to comply with Section 2 clause (m), the Contractor shall pay to the Employer
Liquidated damages for delay to be calculated at a rate of 0.5% (Half percent) of the value of the
works for every week or part of the week which shall elapsed between the stipulated time for
completion of the works and date stated in taking over of the certificate of the works subject
maximum 10 % of the contract value.
Contractor shall take necessary care to maintain Solar Water Pumping System operational,however after
reporting of the fault/non operational status is not attended within 48hours and the Solar Photovoltaic
water pumping system is not made operational within 48 hours, the penalty of Rs.500/-per day per Solar
Photovoltaic water pumping system for first 3 days and thereafter Rs 1000/-per day per Solar
Photovoltaic water pumping system shall be levied till the Solar Photovoltaic water pumping system is
put back in to satisfactory working condition. The penalty amount will be deducted from payable
amount.
SECTION-VII
INTRODUCTION
PV Array :
Electronics :
- Electronic Protections.
“On-Off” switch
For D.C. Motor Pump Set with Brushes or Brush Less D.C.(B.L.D.C. ) :
(i) 100 liters of water per watt peak of PV array, from a Total Dynamic Head of
10 metres (Suction head, if applicable, minimum of 7 metres) and with the shut
off head being at least 12 metres.
(ii) 50 liters of water per watt peak of PV array, from a Total Dynamic Head of
20 metres (Suction head, if applicable, up to a maximum of 7 metres) and with
the shut off head being at least 25 metres.
(iii) 35 liters of water per watt peak of PV array, from a Total Dynamic Head of
30 metres and the shut off head being at least 45 metres.
(iv) 21 liters of water per watt peak of PV array, from a Total Dynamic Head of
50 metres and the shut off head being at least 70 metres.
(v) 14 liters of water per watt peak of PV array, from a Total Dynamic Head of 70
metres and the shut off head being at least 100 metres.
(vi) 9.5 liters of water per watt peak of PV array, from a Total Dynamic Head of
100 metres and the shut off head being at least 150 metres.
The actual duration of pumping of water on a particular day and the quantity of water pumped
could vary depending on the solar intensity, location, season, etc
Indicative performance specifications for the Shallow and Deep well SPV Water Pumping
Systems are given in the Annexure I.
(i) 90 liters of water per watt peak of PV array, from a Total Dynamic Head of 10
metres (Suction head, if applicable, minimum of 7 metres) and with the shut off
head being at least 12 metres.
(ii) 45 liters of water per watt peak of PV array, from a Total Dynamic Head of 20
metres (Suction head, if applicable, up to a maximum of 7 metres) and with the
shut off head being at least 25 metres.
(iii) 32 liters of water per watt peak of PV array, from a Total Dynamic Head of 30
metres and the shut off head being at least 45 metres.
(iv) 19 liters of water per watt peak of PV array, from a Total Dynamic Head of 50
metres and the shut off head being at least 70 metres.
(v) 13 liters of water per watt peak of PV array, from a Total Dynamic Head of 70
metres and the shut off head being at least 100 metres.
(vi) 8.5 liters of water per watt peak of PV array, from a Total Dynamic Head of
100 metres and the shut off head being at least 150 metres.
The actual duration of pumping of water on a particular day and the quantity of water pumped
could vary depending on the solar intensity, location, season, etc.
Indicative performance specifications for the Shallow and Deep well SPV Water Pumping
Systems are given in the Annexure II. III.
I. PV ARRAY
The SPV water pumping system should be operated with a PV array capacity in the range of
200 Watts peak to 10000 Watts peak, measured under Standard Test Conditions (STC).
Sufficient number of modules in series and parallel could be used to obtain the required PV
array power output. The power output of individual PV modules used in the PV array, under
STC, should be a minimum of 125 Watts
peak, with adequate provision for measurement tolerances. Use of PV modules with higher power
output is preferred.
Indigenously produced PV module (s) containing mono/ multi crystalline silicon solar cells
should be used in the PV array for the SPV Water Pumping systems.
Modules supplied with the SPV water pumping systems should have certificate as per
IEC 61215 specifications or equivalent National or International/ Standards.
Modules must qualify to IEC 61730 Part I and II for safety qualification testing.
The efficiency of the PV modules should be minimum 14% and fill factor should be
more than 70%
The terminal box on the module should have a provision for “Opening” for replacing the
cable, if
required
There should be a Name Plate fixed inside the module which will give:
a. Name of the Manufacturer or Distinctive Logo.
b. Model Number
c. Serial Number
d. Year of manufacture
IV MOTOR PUMP-SET
The SPV water pumping systems may use any of the following types of motor pump sets:
a. Surface mounted motor pump-set
b. Submersible motor pump set
c. Floating motor pump set
d. Any other type of motor pump set after approval from Test Centres of the Ministry.
The “Motor Pump Set” should have a capacity in the range of 0.2 hp to 10 hp and should
have the following
features:
The mono block DC/ AC centrifugal motor pump set with the impeller mounted
directly on the motor shaft and with appropriate mechanical seals which ensures zero
leakage.
The motor of the capacity ranging from 0.2 hp to 10 hp should be AC, PMDC or
BLDC type. The suction and delivery head will depend on the site-specific condition
of the field.
Submersible pumps could also be used according to the dynamic head of the site at
which the Pump is to be used.
It is recommended that all parts of the pump and the motor of the submersible pumps should
be made of stainless steel.
- The manufacturers of pumps should self certify that, the pump and all external parts of
motor used i submersible pump which are in contact with water, are of stainless steel.
The pumps used for solar application should have a 5 years warranty so it is essential that the
construction of the pump be made using parts which have a much higher durability and do not
need replacement or corrode for at least 5 years.
Provision for remote monitoring of the installed pumps must be made in the controllers
or the inverters either through an integral arrangement or through an externally fitted
arrangement. It should be possible to ascertain the daily water output, the power
generated by the PV array, the UP TIME of the pump during the year, Number of days
the pump was unused or under breakdown/repairs.
A sample depicted below is a typical log-book deployed for output data and performance of the
Solar Ag water pump:
User Name Parameter Name - Select ↓
The suction/ delivery pipe (GI/HDPE), electric cables, floating assembly, civil work and
other fittings required to install the Motor Pump set.
The PV modules should be mounted on metallic structures of adequate strength and appropriate
design, which can withstand load of modules and high wind velocities up to 150 km per hour.
The support structure used in the pumping system should be hot dip galvanized iron with
minimum 80-micron thickness.
To enhance the performance of SPV water pumping systems, manual or passive or auto
tracking system must be used. For manual tracking, arrangement for seasonal tilt angle
adjustment and three times manual tracking in a day should be provided.
Maximum Power Point Tracker (MPPT) should be included to optimally use the
Solar panel and maximize the water discharge.
Inverter could be used, if required, to operate an A.C. Pump. The inverter must have
IP 54 protection or must be housed in a cabinet having at least IP54 protection.
Controller for BLDC motor driven pumps, if required be used. The controller must
have IP 54
protection or must be housed in a cabinet having at least IP 54 protection.
Full protection against open circuit, accidental short circuit and reverse polarity should be
provided.
A good reliable switch suitable for DC use is to be provided. Sufficient length of cable
should be provided for interconnection of the PV array, Controller / Inverter and the motor
pump set.
V. WARRANTY
The PV Modules must be warranted for output wattage, which should not be less than 90% at
the end of 10 years and 80% at the end of 25 years. The whole system including submersible/
surface pumps shall be warranted for 5 years. Required Spares for trouble free operation
during the Warrantee period should be provided along with the system.
Earthing: The array structure of the PV Yard shall be grounded properly using adequate
number of earthting kits. All metal casing or shielding of the pumping system shall be
thoroughly grounded t ensure safety of the solar pumping systems.
VII. Lighting Arrester:
The Solar Ag water pumping system should be provided with lightning and over
voltage protection. The principle aim in this protection is to reduce the over
voltage to a tolerable value before it reaches the PV or other sub systems
components. The source of over voltage can be lightning or another atmospheric
disturbance. Necessary foundation for holding the Lightning Arrestors (LA) is to
be arranged keeping in view the wind speed of the site and flexibility in
maintenance in future. Suitable number of lightning arrestors will be provided in
the array field.
An Operation and Maintenance Manual, in English and the local language, should be provided
with the solar PV pumping system. The Manual should have information about solar energy,
photovoltaic, modules, DC/AC motor pump set, tracking system, mounting structures,
electronics and switches. It should also have clear instructions about mounting of PV module,
DO's and DONT's and on regular maintenance and Trouble Shooting of the pumping system.
Name and address of the person or Centre to be contacted in case of failure or complaint
should also be provided. A warranty card for the modules and the motor pump set should also
be provided to the beneficiary.
X. NOTES
Wherever the “Water table” or the level of water in the reservoir or the water source
(e.g. Diggie) from which the water is to be pumped, is within 10 metres depth,
‘Surface Motor Pump sets” should be preferred.
The type of pump set used must match the total dynamic head requirement of the site
(i.e. the location at which it is installed). Moreover, it should be appropriately tested
and certified by the authorized test centres of the Ministry to meet the performance
and water discharge norms specified in section II above.
There should not be any compulsion to use only one or the other type of Motor-pump
set. The beneficiary may select an appropriate Model (i. e. Capacity of PV Array and
Type of Motor Pump Set) as per site requirement.
ANNEXURE – I
Indicative Technical Specifications of Shallow Well (Surface) Solar Pumping
Description Model-III
PV array 2700Wp
* Water output figures are on a clear sunny day with three times tracking of SPV panel, under
the “Average Daily Solar Radiation” condition of 7.15 KWh/ sq.m. on the surface of PV
array (i.e. coplanar with the PV Modules).
Notes:
1. Suction head, if applicable, minimum 7 metres.
2. For higher or lower head / PV capacity, or in between various models; water output could
be decided as per the clause II. (i.e. performance specifications and requirements)
specified earlier.
1. If submersible pumps are used in lieu of surface pumps, the water output must match that
of the surface pumps as specified in this table.
2. Module mounting structure shall be MS hot dipped galvanised, with a facility of manual
tracking at least three times a day.
ANNEXURE – I (CONTD.)
Indicative Technical Specifications of Solar Deep well (submersible) Pumping Systems: With
D.C. Motor Pump Set with Brushes or Brush Less D.C.(B.L.D.C.) (Contd.):
* Water output figures are on a clear sunny day with three times tracking of SPV panel, under
Description Model X I Model X Model XI Model XII Mode XIII Model XVI
PV Array 6750 Wp 6750 Wp 6750 Wp 9000 Wp 9000 Wp 9000 Wp
(Minimum)
Motor Capacity 7.5 Hp 7.5 Hp 7.5Hp 10Hp 10Hp 10 Hp
Submersible Submersibl Submersible Submersible Submersibl Submersibl
with e with with with e with e with
controller controller controller controller controller controller
Shut Off 70Metres 100Metres 150 Metres 70Metres 100 Metres 150 Metres
Dynamic Head
the “Average Daily Solar Radiation” condition of 7.15 KWh/ sq.m. on the surface of PV
array (i.e. coplanar with the PV Modules).
Notes:
1. For higher or lower head / PV capacity, or in between various models; water output
could be decided as per the clause II. (i.e. performance specifications and
requirements) specified earlier.
2. If surface pumps are used in lieu of submersible pumps, the water output must match
that of the submersible pumps as specified in this table.
* Water output figures are on a clear sunny day with three times tracking of SPV panel, under
the “Average Daily Solar Radiation” condition of 7.15 KWh/ sq.m. on the surface of PV
array (i.e. coplanar with the PV Modules).
Description Model X I Model X Model XI Model XII Mode XIII Model XVI
PV Array 6750 Wp 6750 Wp 6750 Wp 9000 Wp 9000 Wp 9000 Wp
(Minimum)
Motor Capacity 7.5 Hp 7.5 Hp 7.5Hp 10Hp 10Hp 10 Hp
Submersible Submersi Submersible Submersible Submersibl Submersibl
with ble with with with e with e with
controller controller controller controller controller controller
Shut Off 70Metres 100Metre 150 Metres 70Metres 100 Metres 150 Metres
Dynamic Head s
Notes:
1) For higher or lower head / PV capacity, or in between various models; water output
could be decided as per the clause II. (i.e. performance specifications and
requirements) specified earlier.
2) If surface pumps are used in lieu of submersible pumps, the water output must match
that of the submersible pumps as specified in this table.
The bidder who qualifies in Technical bid shall perform the performance
test for respective capacity of pumps for which he is qualified. After
successful completion of performance test only, the bidder shall actually be
eligible for his participation in financial bid. Failing which his price bid
shall not be opened & he shall disqualify from further bidding process.
Performance test will be carried out by Nagpur.
Division Office will identify the site for testing of Solar Water Pumping System.
MEDA will certify the performance test and will be the final authority.
Bidder shall make complete necessary arrangement for performance
testing of Solar Water Pumping System having capacities (3, 5 ,7.5 & 10
HP AC/DC) as below: -
1. Suitable numbers of structures for mounting arrays with a provision of
tracking for different capacities of Solar Water Pumping Systems.
2. Pyranometers for measuring irradiance.
3. Digital temperature sensors for measuring module temperature and
ambient temperature.
4. Calibrated digital flow meters to measure the water flow in the required range.
5. All equipment specified in above points, the equipment not specified in
above points but are necessary to conduct testing and instruments
should be calibrated by a National Accreditation Board for Testing and
Calibration Laboratories (NABL) accredited Calibration laboratory.
6. The Result of performance test with ± 15% variation will be accepted
for the technical specification mentioned in the tender.
Sr. No. Capacity of Approx. Area Approx. No. of M.S. G.I. Wire
Solar Pump Reqd. for Circumference Angles Mesh
(HP) installation of (Ft.) Sq ft
pump
(SQ FT)
1 7.5 1080 142.74 14 1141.92
2 10 1440 190.32 18 1522.56
52
SECTION VIII
Preamble:
All portions of this Volume should be carefully read and thoroughly understood in the context
of all the various conditions of Contract before the forms, Schedules, are completed by the
Bidder. Section III, General Conditions of Contract, Section VII, Technical Specifications,
describe the technical requirements for the Works, while the activities listed in the Schedule
of Prices Price Bid, set out the scope of the Works that are to be completed under this
Contract.
In Schedules, of this Technical Proposal, the Employer has requested information on the
Bidder’s experience, current financial position and technical aspects related to execution of
the Works. The Bidder shall complete these Schedules in their entirety so as to enable the
Employer to evaluate whether the Bidder is qualified, and whether the technical aspects of the
Bid are responsive to the requirements set forth in the bidding documents.
Such information shall cover all work described in, or to be implied from, the Works
described in this bidding document, and shall take into account all conditions of Contract as
set out in the Appendix to Technical Proposal under this Section VIII. The Bidder will be
responsible to provide any supplementary data and documents wherever these may be
required.
The rates and prices quoted by the Bidder shall cover all work described in, or to be implied
from, the description, conditions and specifications provided in the bidding documents.
53
Form of Technical Proposal
(On Bidder’s Letterhead)
54
and agree that these will form a part of the Contract if we are selected for award of
Contract.
We have submitted price bids for Tender Nos. _ _. We have submitted complete details of our
technical and financial capabilities for establishing our eligibility to undertake works on all
these tenders. However we hereby confirm that we accept that the Employer’s decision on our
eligibility to undertake the works in accordance with the requirements set out in the Invitation
for Bids will be final and binding on us, and that we will not raise any objection should the
Employer decide to reject our Bid for one or more Tenders on the grounds that we do not
satisfactorily meet the minimum qualifying criteria.
This Bid and your written acceptance shall be the basis for Contract Agreement. We
understand that you are not bound to accept the lowest or any bid you receive or assign any
reason thereof for the rejection.
We agree to keep this bid open for acceptance for a period of 120 days from the date
of opening thereof and also agree not to make any modification in the terms and conditions on
our own accord. We further agree to sign an Agreement to abide by the Conditions of
Contract and carry out all works according to specific clauses.
We accept that Dispute Resolution procedures in accordance with Clause 18 of
Section III, General Conditions of Contract, will be used for settling any disputes that cannot
be mutually agreed with the Employer, and confirm that we specifically agree that Arbitration
proceedings will be applicable for resolving any disputes.
Yours faithfully,
in the capacity of _________________ duly authorized to sign bids for and on behalf of
____________________________________________________________
Address: __________________________________
55
Section IX
SCHEDULES OF PRICES AND SCHEDULE OF PAYMENTS
i. Unless specified otherwise in the Employer’s Requirements, Bidders shall quote for
the entire facilities on a “single point responsibility" basis such that the total bid price
covers all the Contractor's obligations mentioned in or to be reasonably inferred from
the bidding documents in respect of Design, Manufacture, Supply, Transport,
Installation, Testing and Commissioning of DC Solar Photovoltaic Water Pumping
Systems of 5 ,7.5 HP Capacity With a Reading And Recording Facility at the project
sites of Various Grampanchyat Area of Wardha Districts in State of Maharashtra with
comprehensive maintenance contract for 5 years and as described in the Bidding
Document on “Turnkey” Contract Basis. All the taxes, duties, surcharges & all levies
under the contract or for any other cause shall be included in the rates and prices and
the total bid price to be submitted by the bidder. This includes all requirements under
the Contractor's responsibilities for testing and commissioning of the facilities and,
unless otherwise stipulated in the bidding documents, the acquisition of all permits,
approvals and licenses, etc., payment of all taxes, duties, surcharges octroi charges,
inspection charges and other agency fees, and such other items and services as may be
required for execution of the Works, all in accordance with the requirements of the
Conditions of Contract.
ii. The Bidders shall mention the Details of GST etc in quoted prices. Bidder shall note
that only these taxes/ actual whichever is less shall be paid to Contractor.
iii. The ‘FORD’ price (inclusive of all the taxes/ duties) quoted against the individual
capacity i.e. 5hp/ 7.5 hp of Solar Water Pumping System shall be considered to
determine the ‘lowest price’ for individual capacity for the tender.
iv. Such Bidder that has quoted the lowest price (inclusive of all the taxes/ duties)
against the individual capacity shall be declared as the preferred Bidder (the “First
Selected Bidder”) for that capacity of the Solar Water pumping System only.
v. MEDA will award the Contract to all the successful Bidder(s) whose Bid has been
determined to be substantially responsive and has been determined as the lowest
evaluated Bid.
56
vi. MEDA will award the Contract to the successful Bidder(s) whose Bid has been
determined to be substantially responsive and has been determined as the lowest
evaluated Bid.
vii. The Bidder shall quote rates clearly and no alterations or additions shall be made to
the schedule by the bidder.
viii. The rates and prices quoted by the bidder shall remain fixed and valid for the
duration of the contract and would not be subject to variation on any account
2. Terms of Payment:
a. Sixty Percent (60%) of the total cost will be released after supply, installation &
successful commissioning of the Solar PV Water Pumping System at villages duly
certified by Bidder, Officer of MEDA & authorized person of User Agency in the
State of Maharashtra along with submission of Insurance policy documents
effective from date of commissioning for CMC period.
b. Twenty Percent (20%) of the total cost shall be released on receipt of one-month
successful performance report. (Performance monitoring report generated through
remote monitoring system). This one-month performance report should be certified by
Bidder, Officer of MEDA & authorized person of User Agency
c. Twenty Percent (20%) of the total cost shall be released on submission of next two-
month successful performance report along with of following document.
2 In case if “Bidder” does not provide service during the warrantee period, PBG
will be forfeited and “Bidder” will be blacklisted (in case of “Consortium”: all
the partners be blacklisted)
57
Deduction:-
i. The TDS at the source will be deducted as per the Govt. rule and regulations.
ii. MEDA will issue necessary certificates of TDS deduction
iii. ‘C’ / ‘D’ form will not issued by MEDA.
4. PENALTY CLAUSE
If the systems are not installed and commissioned within the stipulated period as
mentioned in the work order the Bidder shall be required to pay penalty of 1/2% (half
percent) per week, maximum up to 10% of the total cost of the systems and the amount
shall be recovered either from the amount due to the Bidder or from security deposit.
58
APPENDIX- I (A)
To establish its qualifications to perform the contract the Bidder shall provide the
information requested in the corresponding Information Sheets included hereunder.
Signature of Bidder
Name
Designation
Company
Date:
59
APPENDIX- I (B)
Firm profile at a glance
60
27 Accreditation (Own Firm)
28 Accreditation (Partner/ outsourcing Firm)
It is certified that the information provided above is true to the best of my knowledge and
belief. If any information found to be concealed, suppressed or incorrect at later date, our
tender shall be liable to be rejected and our company may be debarred from executing any
business with Govt. of Maharashtra/ MEDA/ MEDA.
Signature of Bidder
Name
Designation
Company
Date:
61
APPENDIX- I (C)
Financial Status
Each Bidder must fill in this form including private/public limited company.
Applicant’s Auditor
62
APPENDIX- I (D)
Annual Turnover
Each Bidder must fill in this form including private/public limited company.
Annual Turnover Data for the any 3 Years of FY 2016-17, 2017-18 2018-19,
2019-20
Year Rs in Lacs
2016-17
2017-18
2018-19
2019-20
Total
The information supplied should be the Annual Turnover of the Bidder in terms of the
amounts billed to clients for each year for work in progress or completed.
(Affix Stamp)
63
APPENDIX- II
FORM OF PERFORMANCEBANK GUARANTEE
To: Maharashtra Energy Development Agency (MEDA) Division Office Nagpur.
Represented by the: Divisional General Manager (Nagpur)
MAHARASHTRA ENERGY DEVELOPMENT AGENCY
C/o Milk development Employee housing Co-operative Society , First Floor S. No 244-A/5-
N,
Ward No. 66,Pam Road , Civil Lines G P O Square , Nagpur -440 001
WHEREAS[name and address of Contractor] (hereinafter called "the Contractor") has
undertaken, in pursuance of Contract No. TENDER NO. MEDA/REN/ SOLAR-Water
Pumping/40/2018-19. ___ for works ___________,dated ____________ 2019 to undertake
Design, manufacture, supply, transport, installation, testing and commissioning of DC Solar
Photovoltaic water pumping systems of 5 / 7.5 HP capacity with a reading and recording
facility at 09 villages of Tahsil Arvi and Deoli in Wardha districts of Maharashtra with
comprehensive maintenance contract for 5 years,, (hereinafter referred to as the contract of
works) and as described in the Bidding Data in Maharashtra State for works under the Solar
Photovoltaic Pump Project in Maharashtra under single point responsibility “Turnkey
Contracts” basis (hereinafter called "the Contract");
AND WHEREAS it has been stipulated by you in the said Contract that the
Contractor shall furnish you with a Bank Guarantee by a recognized bank for the sum
specified therein as security for compliance with his obligation in accordance with the
Contract;
AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee;
NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on
behalf of the Contractor, up to a total of ______________ [amount of Guarantee]1 _____-
__________________ [in words], and we undertake to pay you, through our branch office at
____________ [Address of branch office at Mumbai, Maharashtra], upon your first written
demand and without cavil or argument, any sum or sums within the limits of
_________________________ [amount of Guarantee] as aforesaid without your needing to
prove or to show grounds or reasons for your demand for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the Contractor before
presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of the
Contract or of the Works to be performed there under or of any of the Contract documents
which may be made between you and the Contractor shall in any way release us from any
liability under this guarantee, and we hereby waive notice of any such change, addition or
modification.
This guarantee shall be valid until the date of completion of the defects liability period, with a
claim period of further one month.
64
Yours truly,________________________________
Signature and seal of the Guarantor:________________________________
Name of Bank/Financial Institution:________________________________
Address:________________________________
Date:________________________________
65
APPENDIX- III
Installation & Performance Credentials
Experience for technical know how for maintenance and operation of Solar Photovoltaic
Water pumping system
Experience
Client’s
Name Contract Date of Date of Present
Sr. Description certificate
of Amount (in start of completion of Status of
No. of work attached at
Client lac.) work work Systems
page No.
Signature of Bidder
Name
Designation
Company
Date
66
APPENDIX- IV
Experience for supply and Commissioning of Solar Photovoltaic Water pumping
system
Signature of Bidder
Name
Designation
Company
Date
67
(Appendix -V)
Performa of Hand over Certificate
Date
HAND OVER CERTIFICATE
To,
Divisional General Manager
C/o Milk development Employee housing Co-operative Society ,
First Floor S. No 244-A/5-N,
Ward No. 66,Pam Road , Civil Lines G P O Square ,
Nagpur -440 001
Subject: Design, manufacture, supply, transport, installation, testing and commissioning of
DC Solar Photovoltaic water pumping systems of 5 / 7.5 HP capacity with a
reading and recording facility at 09 villages of Tahsil Arvi and Deoli in Wardha
districts of Maharashtra with comprehensive maintenance contract for 5 years.
Dear sir,
M/s.-------------------------------------------------has successfully installed and commissioned the
ac/dc Solar Pumping System of capacity -------HP on ----------------(Date) at ---------------------
-------------------------------------------(Name of Grampanchayat/Villages).
M/s. -------------------------------------- has handed over the solar pump to our Grampanchayat,
on dated-------------------, We the Grampanchayat ----------------------Tal. Dist.--------------------
- is taking over the total water pumping systems in working condition. The installed solar
Pump will be belong to MEDA/Govt of Maharashtra
The Grampanchayat will fulfill the following conditions.
• Grampanchayat will carry out the daily operation and maintenance of the water
pumping system.
• Off-grid solar water pumping system sanctioned and installed for those purpose, we
will use the said pump for that purpose only.
• Grampanchayat will allow to concerned official /Manufacturer to inspect the solar
pump, repair as when required. We will also assist and help to the concerned officials.
• If the solar pumping systems becomes the non-functional then we will contact to the
concerned manufacturer and Executive Engineer (Water supply) and MEDA Division
office.
• Grampanchayat --------------------has made the entry of solar pump in our material
receipt register.
• The whole responsibility of Security in respect of water pumping system will remain
of our Grampanchayat.
M/s. ----------------------------------------------has handed over the solar pump to our
Grampanchayat and Our Grampanchayat has taken over.
68
(Appendix -VI)
लघुजल व नळ पाणी पुरवठा कार्यक्रमाांतर्यत पारे षण ववरहीत सौर ऊजाय पांपाचा सवेक्षण अहवाल
अ.क्र.
1 ग्रामपंचायताचे नाव
2 संपुर्ण पत्ता
3 गावाचे नाव
4 तालु का
5 जिल्हा
6 दु रध्वनी./ ई-मे ल आयडी
7 सरपंच नाव/ दु रध्वनी/भ्रमर्ध्वनी. क्र
8 ग्रामसेवक नाव दु रध्वनी/भ्रमर्ध्वनी. क्र
9 लोकसंख्या
10 नळ योिना काय आहे
11 पाण्याचे स्त्रोत
संस्थे स ज्या जठकार्ी सौर पंप आस्थाजपत करावयाचा आहे , त्या जठकार्ाचे सवेक्षर् करण्यात आले असुन
योिनेचा लाभ घेण्यासाठी आवश्यक त्या सवण जनषकणशां नुसार संस्था पात्र ठरत असल्याची खात्री करण्यात
आली आहे . या जठकार्ी ........... अश्वशक्ती क्षमते चा सौर पंप आस्थाजपत करण्याची जशफारस करण्यात
येत आहे .
69
ग्रामपंचायतीचे अजधकारी कायणकारी अजभयंता(पार्ी पुरवठा)
(स्वाक्षरी व जशक्का)
जिल्हा पररषद.........................
(स्वाक्षरी व जशक्का)
उत्पादकाचे नाव
(स्वाक्षरी व जशक्का)
महाऊिाण अजधकारी
(स्वाक्षरी व जशक्का)
70
Undertaking (Appendix-VII)
(On Rs.100/- Stamp Paper)
I have read all the terms & conditions mentioned in the Tender document of the
MEDA. I hereby further undertake and declare that all the terms & conditions mentioned in
each and every page of the said tender document along with the clarifications released, if any,
are binding on me / my company and I am fully aware that, in case of breach of any term or
condition of the said Tender document, I am/my company is liable to be disqualified from the
said tender process.
Sign:
71
ANNEXURE - B
Check List
All the necessary Documents / Certificates should be uploaded as a SINGLE PDF in
proper sequence as mentioned below:
1. Original tender document duly signed and stamped on each page or Undertaking
(Rs.100/- as per the Appendix-VII) and declaration that all the terms & conditions
mentioned in each and every page of the said tender document with further clarifications
released if any are acceptable.
2. List of self attested document for proven of eligibility with as per given in eligibility
criteria.
3. EMD and Tender document fee (It is compulsory to pay tender document fee, EMD
through E-payment SBI Net Banking, RTGS and NEFT only).
4. Name of authorized person (power of attorney) for submitting the document.
5. Name of the Banker.
6. Copy of the recently paid Income Tax Challan / Return, Latest CA certified balance
sheet of last three years, PAN number, registration certificates of VAT,GST,
professional tax etc. (Self Attested)
7. Information on Infrastructure for maintenance work with T&P and manpower.
8. Registration Certificate of the firm.
9. Bidder's Information Sheet Appendix-I (A).
10. Appendix-I(B ) Firm profile at Glance
11. Financial Status -1 (C)
12. Annual Turnover Appendix-I (D).
13. Form Of Performance Bank Guarantee Appendix-II
14. Experience Installation and Performance Credentials for supply and commissioning of
Solar Pumping systems APPENDIX-III & IV(along with the self attested copies of
work order).
15. Site Visit Reports in the prescribed Performa as per the Appendix-VI.
16. Undertaking of Non blacklisted certificate.
If any of the above documents is not submitted in Technical bid, then tender will be
rejected. The bidder be submitted the document in rar file with separate document of
each as per above list.
72
(Appendix -VIII)
लघुजल व नळ पाणी पुरवठा कार्यक्रमाांतर्यत पारे षण ववरहीत सौर ऊजाय पांपाचा सवेक्षण अहवाल
अ.क्र.
1 ग्रामपंचायताचे नाव
2 संपुर्ण पत्ता
3 गावाचे नाव
4 तालु का
5 जिल्हा
9 लोकसंख्या
11 पाण्याचे स्त्रोत
जहवाळी
13 असल्यास स्त्रोता पासुन पाण्याचा टाकी पयणतचे अंतर
16 जविेची उपलब्धता
73
19 नळ योिना बंद असेल तर केव्हापासुन बंद आहे
अक्षां श (Longitude)
संस्थे स ज्या जठकार्ी सौर पंप आस्थाजपत करावयाचा आहे , त्या जठकार्ाचे सवेक्षर् करण्यात आले असुन
योिनेचा लाभ घेण्यासाठी आवश्यक त्या सवण जनषकणशां नुसार संस्था पात्र ठरत असल्याची खात्री करण्यात
आली आहे . या जठकार्ी ........... अश्वशक्ती क्षमते चा सौर पंप आस्थाजपत करण्याची जशफारस करण्यात
येत आहे .
उत्पादकाचे नाव
(स्वाक्षरी व जशक्का)
महाऊिाण अजधकारी
(स्वाक्षरी व जशक्का)
74
ANNEXURE - B
Check List
All the necessary Documents / Certificates should be uploaded as a SINGLE PDF in
proper sequence as mentioned below:
17. Original tender document duly signed and stamped on each page or Undertaking
(Rs.100/- as per the Appendix-XII) and declaration that all the terms & conditions
mentioned in each and every page of the said tender document with further clarifications
released if any are acceptable.
18. List of self attested document for proven of eligibility with as per given in eligibility
criteria.
19. EMD and Tender document fee (It is compulsory to pay tender document fee, EMD
through E-payment SBI Net Banking, RTGS and NEFT only).
20. Name of authorized person (power of attorney) for submitting the document.
21. Name of the Banker.
22. Copy of the recently paid Income Tax Challan / Return, Latest CA certified balance
sheet of last three years, PAN number, registration certificates of VAT, GST,
professional tax etc. (Self Attested)
23. Information on Infrastructure for maintenance work.
24. Registration Certificate of the firm.
25. Bidder's Information Sheet Appendix-I (A).
26. Appendix-I (B) Firm profile at Glance
27. Financial Status -1 (C)
28. Annual Turnover Appendix-I (D).
29. Form of Performance Bank Guarantee Appendix-III
30. Experience Installation and Performance Credentials for supply and commissioning of
Solar Pumping systems APPENDIX-IV & V (along with the self-attested copies of
work order).
31. Site Visit Reports in the prescribed Performa as per the Appendix-VIII.
If any of the above documents is not submitted in Technical bid, then tender will be
rejected. However Divisional General Manager has reserved right to ask bidder to submit
the document if it is not found clear or visible.
75
(Appendix )
LIST OF VILLAGES
76
44. Shegaon (Kundd) Shegaon (Kundd) Hinganghat 7.5 H.P
45. Savadi (Wagh) Savadi (Wagh) Hinganghat 7.5 H.P
46. Fuktta Fuktta Hinganghat 7.5 H.P
47. Pipri Pipri Hinganghat 7.5 H.P
48. Pardi Pardi Hinganghat 7.5 H.P
49. Junka Junka Samudrapur 7.5 H.P
50. Pipri Pipri Samudrapur 7.5 H.P
51. Mohagaon Mohagaon Samudrapur 7.5 H.P
52. Sevagram Sevagram Wardha 7.5 H.P
53. Pipri (Meghe) Pipri (Meghe) Wardha 10 H.P
54. Amla Amla Wardha 10 H.P
55. Talegaon (Talatule) Talegaon (Talatule) Wardha 7.5 H.P
77