Maharashtra State Electricity Distibution Co. LTD.: NA NA

MSKPY/2018-19/T-03 Version-8
Maharashtra State Electricity Distibution Co. Ltd.
Tender Details 27-05-2019 06:10:24

Tender Code MSKPY/2018-19/T-03 VERSION- 8
Tender Type Works Tender
Type Of Bid Two Bid
Description Design, manufacture, supply, transport,
installation, testing and commissioning of Off-Grid
DC Solar Photovoltaic water pumping systems of
3HP& 5HP capacity at identified farmer’s site with
provision of data transfer by Automated Meter
Reading (AMR) along with Water Discharge
Reading directly to MSEDCL’s Portal in districts of
Maharashtra with guarantee period of 5 Years for
off grid solar pump system and 10 years for solar
PV panels
Estimated Cost Inclusive of GST (In Lakhs) 160800

Basis of prices NA
Tender Validity NA
Delivery Requirement (In Months) NA
Tender on rate contract basis NO

Tender Fee (In INR) 25000
GST In INR (@18% on Tender Fee: SAC No. 4500
Total Tender Fee Amount including GST in INR.
29500
Due date of submission up-to 07-06-2019 15:00

Techno-Commercial Bid opening on 07-06-2019 16:00
Price Bid opening on Will be declared later
Chandramani Mishra , 8879550368
Contact
,sespcho@gmail.com
Pre-Qualifying Req Turn over 50 Crores
Experience 500 Pumps 1 HP & above
Manufacturer of SPV Pumps/Solar
Panels/Controller/Intergator etc
Budget Type Capex
Scheme Code MSKPY
Scheme Name MUKHYAMANTRI SOUR KRUSHI PUMP YOJANA
Department Infrastructure Plan Department
Office Type HO
Location Type Corporate Office
Designation Superintending Engineer(Distribution)
Pre-Bid Meeting Address Maharashtra State Electricity Distribution Co.
Page 1 of 128
Ltd.
6th Floor, Prakashgad, Plot No.G-9, Prof. Anant
Kanekar Marg,
Bandra(East), Mumbai-400051, India
Bid Opening Address Maharashtra State Electricity Distribution Co. Ltd.
5th Floor, Prakashgad, Plot No.G-9, Prof. Anant
Kanekar Marg,
Version No 8
Call for Deviation NO
Is Annexure C1 Applicable NA
Pre-Bid Meeting Date 17-05-2019 11:00
Annexure C1 Opening Date NA
Is Manufacturer Applicable NO
Is Trader Applicable NO
Minimum % of Offered quantity NA
Page 2 of 128
MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY

LIMITED
(A Government of Maharashtra Undertaking)

CIN NO.: U40109MH20055GC153645
TENDER DOCUMENT
Tender for Empanelment and Rate Contract for Design, Manufacture, Supply,
Transport, Installation, Testing and Commissioning of Off-Grid DC Solar
Photovoltaic Water Pumping Systems of 3HP & 5HP capacity at the project
sites of identified farmers in Maharashtra
Tender Reference No.

MSEDCL/CE(INFRA)/SPC/MSKPY/2018-19/T-03 Date:05.03.2019
https://works.mahadiscom.in/eTender/etender
Chief Engineer (Infra)

Maharashtra State Electricity Distribution Co. Ltd.
5thFloor, Prakashgad, Plot No.G-9, Prof. Anant Kanekar Marg,
Telephone:(022)26474211, Extn.:2231,
Email: cedspc2@gmail.com
Page 3 of 128
Maharashtra State Electricity Distribution Company Limited
INDEX
SECTION - I .................................................................................................................................................. 4
BID INVITATION ....................................................................................................................................... 4
SECTION - II ................................................................................................................................................ 7
INFORMATION AND INSTRUCTION TO BIDDERS .................................................................... 7
SECTION – III ........................................................................................................................................... 31
GENERAL CONDITIONS OF CONTRACT (GCC) ........................................................................ 31
SECTION – IV ........................................................................................................................................... 57
SPECIAL CONDITIONS OF CONTRACT (SCC) ........................................................................... 57
SECTION - V ............................................................................................................................................. 60
IMPLEMENTATION SCHEDULE AND PROCESS: ..................................................................... 60
SECTION - VI ............................................................................................................................................ 62
SCHEDULES OF PRICES AND SCHEDULE OF PAYMENTS .................................................. 62
SECTION - VII .......................................................................................................................................... 65
PENALTY FOR DELAY: ........................................................................................................................ 65
SECTION - VIII......................................................................................................................................... 67
TECHNICAL SPECIFICATIONS, PERFRMANCE TESTING AND OTHER OPERATION
AND MAINTENANCE GUIDELINES: .............................................................................................. 67
SECTION - IX ............................................................................................................................................ 77
FORM AND APPENDIX OF TECHNICAL AND PRICE PROPOSAL ..................................... 77
APPENDIX - I (A) ................................................................................................................................... 87
BIDDER’S INFORMATION SHEET .................................................................................................. 87
APPENDIX - I (B) ................................................................................................................................... 88
FIRM PROFILE AT A GLANCE .......................................................................................................... 88
APPENDIX - I (C) .................................................................................................................................... 90
FINANCIAL STATUS ............................................................................................................................. 90
APPENDIX - I (D) ................................................................................................................................... 91
ANNUAL TURNOVER ........................................................................................................................... 91
APPENDIX - II .......................................................................................................................................... 92
FORM OF EARNEST MONEY DEPOSIT/ BID SECURITY(BANK GUARANTEE) .......... 92
APPENDIX - III ........................................................................................................................................ 94
FORM OF PERFORMANCE BANK GUARANTEE ....................................................................... 94
Mukhyamantri Sour Krushi Pump Yojana 2|P a g e

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APPENDIX - IV ........................................................................................................................................ 96
INSTALLATION & PERFORMANCE CREDENTIALS ............................................................... 96
APPENDIX - V .......................................................................................................................................... 97
EXPERIENCE FOR SUPPLY AND COMMISSIONING OF SOLAR PHOTOVOLTAIC
WATER PUMPING SYSTEM .............................................................................................................. 97
APPENDIX - VI ........................................................................................................................................ 98
FORM OF CONSENT FOR LOWEST MATCHING OFFER ....................................................... 98
APPENDIX - VII ....................................................................................................................................... 99
PRE-DISPATCH INSPECTION ........................................................................................................... 99
APPENDIX - VIII ...................................................................................................................................101
SAMPLE FORMATJOINT VENTURE AGREEMENT ................................................................101

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SECTION-I
BID INVITATION
1. Introduction
The Maharashtra State Electricity Distribution Company Ltd. (MSEDCL),

represented by the Chief Engineer (Infra) (hereinafter referred to as "the
Employer"), wishes to intend for “Empanelment and Rate Contract for Solar
Photovoltaic Water Pumping System Programme for FY 2019-20” under
“MUKHYAMANTRI SOUR KRUSHI PUMP YOJANA”. The “works” include
design, manufacture, supply, transport, installation, testing and
commissioning of Off-Grid DC Solar Photovoltaic water pumping systems of
3HP& 5HP capacity at identified farmer’s site with provision of data transfer
by Automated Meter Reading (AMR) along with Water Discharge Reading
directly to MSEDCL’s Portal in districts of Maharashtra with guarantee
period of 5 Years for off grid solar pump system and 10 years for solar PV
panels(hereinafter referred to as the contract of works) along with
standalone lighting system and as described in the Bidding Data under
single point responsibility “Turnkey Contracts”.
2. Brief description of the Bidding Process:
a. The Chief Engineer (Infra), on behalf of MSEDCL (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.
b. 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 comprises of the financial / price bid in
accordance with this tender Document. The Bid shall be valid as per
Clause 0 Section-II of this tender Document.
c. Bidder shall not upload financial/price bid in technical bid documents.

Such bid may be rejected and bidder shall be disqualified from the
bidding process.
d. In terms of the tender Document, a Bidder will be required to deposit,

along with its Bid, a bid security as Earnest Money Deposit (EMD).

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e. MSEDCL will open the technical bid of the Bidder, by e-tendering

process. The financial bid will be open to those bidders who qualify in
technical bid & in performance Test.
f. The Bidder’s Names, Bid prices and the presence or absence of the
requisite and such other details as MSEDCL, at its discretion, may
consider appropriate will be announced at the time of opening.
BIDDING INFORMATION
No:
1 Tender Reference No. MSEDCL/CE(INFRA)/SPC/MSKPY/2018-
19/T-03, Date: 05.03.2019
Date of Pre-Bid
2 14/03/2019, 11:00 Hrs
Meeting
Last date & Time for
3 25/03/2019, 15:00 Hrs
submission of Bids
Date & Time of
4 opening of Technical 25/03/2019, 16:00 Hrs
Bid
Chief Engineer (Infra)
Maharashtra State Electricity Distribution
Address for Co. Ltd.
communication and 5th Floor, Prakashgad, Plot No. G-9, Prof.
5 Anant Kanekar Marg, Bandra (East),
Venue for Tender
opening Mumbai 400 051, India
Telephone: (022) 2647 4211 Extn. : 2231,
Rs. 25,000/- + 18% GST (Rs. Twenty five
thousand Only plus 18% GST extra Non-
6 Tender processing fee
refundable & Non Transferable) i.e. Rs.
29,500/- as applicable
Earnest Money A total amount of Rs. 75 Lakhs (Rupees
7
Deposit (EMD) Seventy Five Lakhs only)
a. The successful bidder shall furnish the
performance Bank guarantee within 14
Performance Bank
calendar days from the issue of the
8 Guarantee in lieu of
LOA / LOE in the form of an
Security Deposit:
unconditional and irrevocable Bank
Guarantee for an amount equal to 2.5%

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of the 25% value of the total quantity

of the Revenue Division where the
agency is empanelled calculated as per
L-1 offer. (also referred as Contract
value in this document) denominated
solely in Indian Rupees payable and
claimed at Mumbai issued either by a
Nationalized or Scheduled Bank
located in Maharashtra & acceptable to
the employer and valid for the period
for 5 years initially and it is to be
extended for further period till
completion of guarantee period of last
pump commissioned. At any time the
value of PBG should not be less than
5% of the value of executed works. In
case the PBG amount is less than 5% of
the value of executed works the agency
will have to submit additional PBG so
as to make the total value of PBG at
least equal to 5% of the value of
executed works.
b. After completion of guarantee of last
commissioned pump, Contractor/
Agency will submit performance Bank
Guarantee, for an amount equal to 2%
of value of the executed quantity for
the further period of 5 years.
Note:
1. The date & time of opening of Price Bid will be announced later.
2. Eligible bidders can up load the Bids through e-tender portal of

MSEDCL: http://works.mahadiscom.in/eTender/etender details can
be obtained from https://www.mahadiscom.in.

Page 8 of 128
SECTION-II
INFORMATION AND INSTRUCTION TO BIDDERS
The Chief Engineer (Infra), on behalf of MSEDCL (the Employer) invites bids
from eligible bidders for empanelment for the FY 2019-20. The “works” include
design, manufacture, supply, transport, installation, testing and commissioning of
DC Solar Photovoltaic water pumping systems of 3HP& 5 HP capacity at identified
farmer’s site with provision of data transfer by Automated Meter Reading (AMR)
along with Water Discharge Reading directly to MSEDCL Portal in districts of
Maharashtra with guarantee period of 5 Years for off grid solar pump system and
10 years for solar PV panels (hereinafter referred to as the contract of works)
alongwith standalone lighting system and as described in the Bidding Data under
single point responsibility “Turnkey Contracts” under Tender No: MSEDCL/
CE(INFRA)/ SPC/ MSKPY/ 2018-19/ T-03 Date: 05.03.2019 as described under:
1. Scope of Contract:
The Scope of contract is as below:
A. The total nos. of Solar AG Pumps is 1,0,0000 nos. to be installed in all

districts of Maharashtra. The ratio of quantity of 3HP & 5 HP pump is 80:20.
The same may change as per beneficiary farmer’s requirement.
B. Design, manufacture, supply, transport, installation, testing and

commissioning of DC Solar Photovoltaic water pumping systems of 3HP& 5
HP capacity at the project sites of identified farmers in Districts of
Maharashtra with guarantee period of 5 Years for off grid solar pump
system and 10 years for solar PV panels on “Turnkey” Contract Basis and as
described in the Bidding Document.
C. Provision of Standalone Lighting system consisting of 10 Watt solar panel

with minimum efficiency of 14% and 10 years guarantee, 2 nos. of DC LEDs
of 3 watt each and USB Port facility for mobile charging through the solar
panel and ON-OFF switch with DC Socket (15A) for battery charging
through the solar system shall be provided. The guarantee for LED and USB
Port will be for 3 years. (Battery will be provided by Beneficiary).
D. Provision of data transfer by Automated Meter Reading (AMR) along with

Water Discharge Reading directly to MSEDCL portal. Such Data shall be
owned by MSEDCL only. The bidder shall provide the SIM Card for
activation of AMR. The provision of data retrieval through RS 232 & optical

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port shall be provided. Further, there shall be provision of data storage for 6
months.
E. Free replacement of defective components of Solar Photovoltaic water

Pumping systems within guarantee period of 5 Years after commissioning
for efficient running of the system for delivering desired discharge as per
specifications. The guarantee period of PV Solar Panel shall be 10 years.
F. Detailed execution Plan for smooth implementation of project.
G. Selected Bidder (s) shall be bound by operation and management

arrangements and rules, regulations and modalities as per MNRE and as
established by MSEDCL and mutually agreed between MSEDCL and the
contractor for effective implementation of the project.
H. Risk liability of Contractor’s personnel associated with implementation and

realization of the project shall be solely attributed to contractor.
I. The selected bidder(s) shall maintain inventory of the Solar Photovoltaic

Water pumping system, minimum 5% of work allotted, for immediate
replacements of malfunctioning/ faulty/ non- working Solar Photovoltaic
Water pump system under guarantee for desired output.
J. MSEDCL Toll free number will be provided to the beneficiary for

registration of complaint & requisite information regarding Solar
Photovoltaic water Pumping system.
K. The Selected Bidder shall establish and operate minimum one Service
Centre before supply to attend the Beneficiaries’ complaints within
stipulated time in the state. Till then, an undertaking is to be given by the
bidder. Number of service centres may be more if thought fit to do so for
enhanced services.
L. The Works are to be carried out at various sites in the State of Maharashtra,
as described in the Bidding Data.
M. 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.
N. The empanelment of agency shall be valid for 12 months from date of issue
of empanelment letter and further extendable to 03 months with mutual
consent.
O. 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

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deemed to be included in bidder’s scope irrespective of whether it is

specifically mentioned or not in the price schedules.
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. The Comprehensive insurance of Solar Photo Voltaic Water Pumping System

shall be provided for natural calamities, theft & burglary etc. during 5 years
comprehensive maintenance period.
2. Eligibility
A. The Bidder shall meet following minimum eligibility criteria for
participation in the Bid
i. The bidder should be a Registered Company with manufacturing
facility in India for SPV Modules or Motor-pump Sets or Solar
Pump Controller (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 or
Grid Connected PV Systems OR MNRE empanelled Company to
Participate in Solar Pumping Programme through NABARD.
ii. The bidder has to offer his maximum quantity of 3HP & 5HP each.
However the minimum offered quantity for each capacity of pump
shall not be less than 20% of the respective quantity of 3HP & 5HP
each of respective revenue division. The bidder has to quote for
both capacities i.e. 3HP & 5 HP. Quote for single capacity is not
permitted. The bidder can quote for one or more Revenue
Divisions. The bid not satisfying these criteria shall be treated as
non-responsive.
iii. Each bidder shall submit only one bid for the tender. A bidder who
submits more than one bid for the same tender will be
disqualified. Alternate / conditional offer will be treated as non-
responsive.
B. Qualification requirement of the Joint Venture (JV)/ Consortium as a Special

Purpose Vehicle (SPV)
i. Special Purpose Vehicle of Joint venture or Consortium formed by

maximum 2 partners is allowed to participate in this bid.
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ii. Joint Venture or a Consortium must be registered under applicable

Statute i.e. under partnership act, limited liability partnership (LLP)
or Company act as applicable. Notarized Joint Venture/ Consortium
will also be permitted. Joint Venture (JV)/consortium of maximum 2
partners, who are jointly and severely liable, as a Special Purpose
Vehicle (SPV) shall be allowed to participate in the bidding of this
project.
C. Other Conditions for Special Purpose Vehicle (SPV) of Joint Venture (JV)/
Consortium
i. The Bidder participating individually shall not be allowed to form

Joint Venture for bidding in this tender.
ii. One Entity shall form only one Joint venture.
iii. Either or both the partners in Joint Venture should have

manufacturing facility in India for SPV Modules or Motor-Pump Sets
or Solar Pump Controller (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 OFFGRID PV
Systems. OR MNRE empanelled Company to Participate in Solar
Pumping Programme through NABARD.
D. The Bidder should have valid GST/ TIN registration certificate in the state. A
copy of which should be enclosed.
E. Bidders who are debarred by State/ Central nodal agencies, Govt.

Department, Govt. undertakings, PSU will not be eligible to bid.
3. Experience:
a. Bidder should have successfully commissioned at least 500 nos. of Off-

grid or Grid connected Solar PV Water Pumping System Capacity 1HP &
above, during last 03 financial years (Satisfactory commissioning/
functioning report containing complete system details shall be provided
along with Bid Document) for State/ Central nodal agencies, Govt.
Department, Govt. undertakings, PSU. All these SPV Water Pumping
Systems should in successful operation as on 28.02.2019.
b. In case of Special Purpose Vehicle (SPV) of Joint Venture (JV)/

Consortium, the experience of all the partners in JV taken together shall
be considered.
Mukhyamantri Sour Krushi Pump Yojana 10 | P a g e

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c. Bidder's experience should be in supply, installation, commissioning

(contracts executed, completed and handed over) for MNRE supported
Schemes/ Programmes, (including Projects executed by channel
partners availing MNRE support) OR any Government Organisation/
Agency/ SNA/ PSU in India.
d. The experience anywhere in India shall be taken into consideration and

shall not be restricted to Maharashtra state only.
e. The total experience of solar pumping systems shall be taken into

account irrespective of the experience being in AC or DC Motor pump
sets and surface or submersible Pump sets.
f. In case of parental or 100% subsidiary company, the experience of

subsidiary company or parental company shall be permitted. However,
the parental company or 100% subsidiary company as the case may be,
offering their bid should submit the consent of the Board of Directors of
both companies and also it should be counter guaranteed by the
obligation of the bidding company as per the Bid Document.
4. Turn Over:
The Average Annual Financial Turnover during the last 3 years (FY 2015-16,
2016-17 & 2017-18), should be Rs. 50 Crores.
In case of Special Purpose Vehicle (SPV) of Joint Venture (JV)/ Consortium

the higher of the average turnover of either of the partners in JV shall be
considered. (i.e. for satisfying qualification requirement, the turnover of
both the partners in JV taken together shall not be considered.)
[Certified copies of the annual returns submitted to the ‘Registrar of

Companies’ (R.O.C.) should be enclosed. For the preceding year, a
summarized sheet of turnover certified by registered CA may be
enclosed.]
5. Net worth:
a. The Individual bidder shall have a positive Net Worth (which is defined
as “Net value of the assets – Net value of liabilities”) for the financial
year 2016-17 & 2017-18 (as per the latest audited balance sheet).
b. In case of Special Purpose Vehicle (SPV) of Joint Venture

(JV)/Consortium, both the partners in JV should have a positive Net
Worth (which is defined as “Net value of assets – Net value of
liabilities”) for the financial year 2016-17 & 2017-18 (as per the
audited balance sheet).

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c. Appendix-I(C) & Appendix-I(D) duly certified by registered CA to be

attached. In case of JV , certification of both the parteners is required
separately .
6. Standards/ Certificates:
a. Bidder should have Test Certificate of the highest tendered model in

each capacity i.e. Model V for 3 HP & Model VIII for 5 HP as specified in
SECTION – VIII, from the MNRE authorized testing centre at the time of
bidding and Test Certificate should have been issued on or after 1 st
January 2015 as per MNRE Specification 2015-16. In case bidders are
offering more than one make of Solar PV water pumping system, the
test certificate of same has to be submitted along with his bid. Further,
performance test has to be carried out separately for highest model of
each capacity.
The test certificate for DC LEDs, USB Port facility for mobile charging & ON-
OFF switch with DC Socket(15A) for battery charging is not mandatory.
However, the performance will be tested during Performance Test.
b. Various components of system shall conform to the existing latest
MNRE standards 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.
c. The Bidder shall submit all the valid test certificates and reports of the
system components following the latest MNRE Guidelines and the same
components shall be supplied for which the test reports/ certificates
are submitted.
d. The same make of Solar Panels, pumps, controller for which the test
report is submitted in the bid document should be supplied by the
bidder.
e. If Solar Pump System is approved by a test lab with the particular

brand of Solar PV Modules, the System Integrators (bidders) may be
allowed to use the other brand of Solar PV Modules in the approved
Solar Pump System, provided the test lab certifies that other brand of
Solar PV Modules are of same capacity (Wattage) with parameters and
characteristic not inferior of the already tested Solar PV Module as per
MNRE guidelines and MNRE authorized lab issues the test certificate
for new combination of Solar Pump System. Further, the Performance
test of new combination of Solar Pump System shall have to be

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conducted & performed successfully in presence of MSEDCL

representative.
7. Instructions:
a. Bidder shall upload information such as, Experience Certificates, Test

Reports and other such relevant documents’ pertaining to the
pumping system as per check list mentioned in Section - IX.
b. All bids must be accompanied by EMD as specified in the tender

Notification (Section–I) and uploaded/ furnished on or before the
prescribed date and time given in Section–I of this document. Bids
submitted without EMD will be summarily rejected. Bidder shall
upload the required documents through electronic mode as part of
their proposal.
c. The Bidder shall upload copies of
i. Central and State GST registration Certificate
ii. PAN issued by appropriate authority.
iii. Income Tax returns of three previous assessment years.
iv. Provident Fund (PF) registration Certificate as per relevant

Act.
v. Audited Balance Sheet for 2015-16,2016-17 & 2017-18.
d. The Bid uploaded by the Bidder and all correspondence and

documents in relation to the bid shall be in English Language. For
more details refer Clause 0 of this section.
e. Bidder should upload only the documents which are asked to be

upload in the tender document.
f. Technical Proposals which are submitted by non-qualified bidders or

which are evaluated to be non-responsive will be rejected and shall
not be considered for detailed technical evaluations.
g. Only Technical Proposals conforming 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, MSEDCL, may, at its discretion, ask the bidders for clarification
of their proposals.

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h. Performance Test: Bidders who are meeting the minimum eligibility

criteria have to perform the ‘Performance Test’. Performance Test
will have to be carried out as per Annexure –III of Section – VIII.
i. The price bid of those bidders who pass the performance test (as
specified Annexure –III of Section – VIII), shall only be opened.
j. In case bidder fails in the performance test; his financial bid shall not
be opened & he shall be disqualified from further process.
k. Bidder shall quote their rates considering wide variation of site

conditions, variation in price, logistics and distribution needs, and
keeping the quantum and quality of work in mind.
l. The time and date of the opening of the Price Proposals shall be
intimated on web site by the Employer.
m. The bidder who has quoted lowest price will be declared as an L-1
bidder. L-1 bidder will be declared Revenue Division wise.
8. Offers by matching prices with lowest acceptable bidder:
i. Revenue Division wise matching exercise will be carried out for

bidders who give consent to match the L-1 offered rate.
ii. The sample consent form (matching form) to be given by interested

bidders, as per Appendix-VI after declaration of preferred L-1
bidder.The Matching exercises will be carried out as mentioned in
Section-II, clause- 25 (H).
iii. The Letter of empanelment shall be issued to the successful bidder/s

who qualify/ies in the complete process as mentioned and as per
MSEDCL’s requirement.
iv. The work order is not transferable. Subletting is not allowed.
v. For any Clarification/ online support please contact to

cedspc2@gmail.com.
vi. The MSEDCL 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.
vii. MSEDCL reserves the right

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a. To reject or accept any or all bids wholly or partly without assigning

any reason on the grounds considered advantageous to MSEDCL,
whether it is the lowest bid or not.
b. To decide capacity wise quantity of the Solar PV Pumping systems

to be awarded to any successful bidder.
c. The successful bidder is bound to supply required number of Solar

Photovoltaic water pumping system at the specified places. The per
unit quoted rates by the bidder shall remain the same Revenue
Division wise though the capacity wise quantity of the Solar
Photovoltaic water Pumping system to be commissioned may vary
subject to the site conditions.
9. Cost of Bidding:
The bidder shall bear all costs associated with the preparation and
submission of bid, tests and other such expenses and MSEDCL will in no
case be responsible or liable for these costs, regardless of the conduct or
outcome of the bidding process.
10. 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.
11. Documents Comprising the Bid:
The Bid prepared by the Bidder shall be uploaded in ‘Two parts viz. Pre-
Qualification cum Technical Bid and Financial Bid. Bids shall electronically
submit online in the E-tender platform and the documents shall be scanned
and submitted.

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Part-I: Pre-Qualification cum Technical Bid
Bidder shall submit relevant certificates to demonstrate the financial,

technical capabilities & eligibility criteria prescribed under this tender
Document. In this regard the Bidder shall upload following minimum
documents/ information for technical or financial evaluation.
1. Bidder’s Information Sheet Appendix–I(A)
2. Firm’s Profile at a Glance Appendix–I(B)
3. Financial Status Appendix–I(C)
4. Annual Turnover Appendix–I(D)
5. Self-Certification of No Bar/nonfailure/blacklisted on letter head (To

be named as Appendix 1-E)
6. Form of EMD/Bid Security Appendix–II
7. Installation and performance credentials Appendix-IV
8. Experience for supply and commissioning of Solar Photovoltaic

Water pumping system Appendix-V
9. Form of consent of Lowest matching Offer Appendix-VI – after

financial bid.
10. Joint venture agreement, if applicable Appendix-VIII
The bidder has to upload supporting documents for above

informations.
The Bidder is expected to examine all instructions, forms, terms and

specifications in the tender Documents. Failure to furnish all information
required, by the Bidder, documents or submission of a Bid not substantially
responsive to the tender documents in every respect or incomplete bid
document will be at the Bidder’s risk and may result in rejection of its Bid.
Part-II: Financial bid
The Bidder shall indicate on the Price Schedule the prices of various
capacity Solar Photovoltaic water pumping system. Financial Bid shall
contain:

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The bidder should quote offered quantity & the percentage quote as
against the unit FORD rate (excluding GST). The bidder may quote for
one or more Revenue Divisions. The bidder has to quote for both
pump capacities along with standalone lighting system as stipulated
in clause no. 2A(ii). The unit rates are FORD rates exclusive of GST.
GST as applicable will be paid extra. Installation, testing,
commissioning charges includes “FOR” destination prices inclusive of
packing, forwarding, freight, inland transportation, insurance,
loading, unloading, supply, distribution, collection, testing inspection
and any/ all charges incidental for successful design, supply,
Installation, commissioning and maintenance for five years during
guarantee period of Solar Photovoltaic Water Pumping systems
including reading & recording facility and standalone lighting system.
Guarantee and Insurance of standalone system will be as per tender
document. Prices are acceptable only on F.O.R. Destination (F.O.R.D.)
basis exclusive of Goods & Service tax (GST) as desired in the Price
Bid Schedule. It shall be noted that bid not confirming to Price
Schedule shall be rejected even though the bidder offer may be
lowest. Therefore, the prices shall be quoted in the form Price
Schedule of the Tender document.
The prices to be quoted by the bidder should take into account the
credit available on input under the “Input Tax Credit” scheme
available under GST law including such credit allowed on the Stock
available as on the appointed day of GST as per transitional
provisions .
The bidder should give a declaration that any input tax credit in
respect of duties on inputs as admissible under GST law is being
totally & unconditionally passed to the purchaser in the price quoted
by him.
The bidder should declare that in quoting the above price the bidder
has taken into account the entire credit on inputs available under the
input tax credit scheme available under GST law.
The bidder should further agree to pass on such additional duties/

taxes as input tax credit as may become available in future in respect
of all the inputs used in the manufacture of the final product on the
date of the supply under the “Input Tax Credit Scheme” available
under GST Law by way of reduction of prices & advise purchaser
accordingly. In case the IGST/ (CGST+SGST) is not payable partially/

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fully, the bidder shall indicate the reasons thereof dully supported by
documentary evidence.
A. The bidder should offer the quantity along with delivery schedule.
B. Other conditions relating to Financial Bid
a. Prices shall be quoted in Indian Rupees:
b. In no circumstances, escalation in the prices will be entertained.
c. The Bidder shall complete the price schedule as furnished in the

tender document, indicating the prices of various capacity Solar
Photovoltaic water pumping system set towards Design,
Manufacture, Supply, Transport, Installation, Testing and
Commissioning of Solar Photovoltaic water pumping system as
per the Technical specifications mentioned in the (Section - VIII).
MSEDCL will not pay any extra charges over and above rate
quoted by the Bidder. The quoted price shall be ‘FIXED’, during the
entire term of the Contract.
d. Financial Bid uploaded with an adjustable price quotation will be

treated as non-responsive and will be rejected.
e. Any Bid not in accordance with clause 12 & 14 of this Section - II,
will be rejected.
f. The incomplete price bid/ partly quoted price bid will be rejected.
12. Bid Security/ Earnest Money Deposit (E.M.D.):
A. The Bidder shall furnish, as part of its Technical Proposal, a bid security
in the amount of Rs. 75 Lakhs.
B. The bid security shall, at the bidder's option, be in the form of a demand
draft or an unconditional, irrevocable Bank Guarantee valid not less than
6 months from Last date of Bid submission, from any Nationalized/
Scheduled Bank in favour of the Employer, payable at Mumbai, as stated
in the Bidding Document. The format of the Bank guarantee shall be in
accordance with the sample form of bid security included as Appendix-II.
The scan copy of E.M.D. B.G. shall be uploaded in e-tendering portal & the
hard copy of E.M.D. B.G. shall be made available to employer before Bid
submission date & time.

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C. Any bid not accompanied by an acceptable bid security shall be rejected

by the Employer as non-responsive.
D. The bid security of the successful bidder will be returned when the
bidder has signed the Contract Agreement and furnished the required
Performance Bank Guarantee (Security Deposit).
E. If the bidder is determined at any time prior to award of contract to be

engaged in corrupt & fraudulent practices as defined in clause no. 32 of
this Section - II, will be disqualified.
F. The bid security of the unsuccessful bidders will be returned as promptly

as possible, after award and signing of the Contract Agreement or
expiration of the period of bid validity, whichever is earlier.
13. Forfeiture of Bid Security/ Earnest Money Deposit (E.M.D.):
A. If a Bidder withdraws its Bid during the period of Bid validity Specified
by the Bidder on the Bid Form;
B. If the successful Bidder fails to furnish performance security in

accordance with Clause 30 of this Section - II of this Section.
C. If in case bidder submitting the experience or commissioning certificates

of solar water pumping system found forged/ false/ bogus.
14. Period of Validity of Bid:
A. Bids shall remain valid for 120 days after the date of opening of
Technical Bid. A Bid valid for a shorter period shall be rejected by
MSEDCL as non-responsive.
B. In exceptional circumstances, MSEDCL 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 under clause (12) of this
Section – II above shall also be suitably extended. A bidder accepting the
request will not be required nor permitted to modify its bid.
15. No Alternative Proposals by Bidders:
Bidders shall submit offers which comply with the requirements of the
bidding documents. Alternative proposals will not be considered. The
attention of the bidders is drawn to the provisions regarding the rejection of
bids which are not substantially responsive to the requirements of the
bidding documents.
16. Amendment to Bidding Document:

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A. At any time prior to the deadline for submission of bids, the Employer
may, for any reason, whether at its own initiative or in response to a
clarification requested by a prospective bidder, modify the bidding
documents by issuing addenda.
B. Any addendum thus issued shall be part of the bidding documents

pursuant to Sub-Clause (A) above and shall be communicated through
the website: - http://works.mahadiscom.in/eTender/etender
C. In order to afford prospective bidders reasonable time in which to take

an addendum into account in preparing their bids, or for any reason
deemed appropriate by the Employer, the Employer may extend the
deadline for submission of bids.
17. Format of Bid
A. The bid shall be signed by a person or persons duly authorized to sign on

behalf of the bidder. The bidder shall submit declaration to confirm that
he has read and accepted all the contents and conditions contained in All
Sections. (Including Price Proposal).
B. The bid shall contain no alterations, omissions or additions, except those

to comply with instructions issued by the Employer, or as necessary to
correct errors made by the bidder, in which case such corrections shall
be initialled by the person or persons signing the bid.
C. Bidder must give clear page numbers to each page of his offer and a
detail index should be provided indicating the page numbers for each
relevant document comprising his offer. Checklists for documents and
data to be furnished by the Bidders have been given elsewhere in the
bidding document, separately for Technical Proposal and Price Proposal.
Bidders must fill in these checklists clearly indicating whether
corresponding document is submitted or not and if submitted, the
relevant page number. If a document is not found at the corresponding
page number given in the index, it will be concluded that the said
document is not submitted by the Bidder.
18. Mode of submission of bids:
A. The Bids shall be submitted electronically in the e-tender portal only.
B. Bids sent by any other mode like in person, post, e-mail will not be
considered.

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C. MSEDCL may at its discretion require any Bidder to submit the hard copy
of any of the document submitted on e-tender platform.
19. Submission of Bids:
A. Sealing and Marking of Bids:
a. The bidder shall scan all the documents forming part of the bidder’s
Technical Proposal, and convert the same into PDF format. The size of
the Technical Proposal in PDF format shall not exceed 5 MB. In case the
size of the PDF document exceeds 5 MB, the PDF document shall be split
up into suitable number of files of size of 5 MB or less each. There after
each file shall be numbered as “Tech_(Number & Name of
Document).pdf”. Then these files shall be digitally signed using the
software provided by the Employer during registration of the bidder. The
digitally signed document files shall be uploaded by the bidder on the “e-
tendering” web site of MSEDCL.
b. The bidder shall scan all the documents forming part of the bidder’s
Price Proposal, and convert the same into PDF format. Then these files
shall be digitally signed using the software provided by the Employer
during registration of the bidder. The digitally signed document files
shall be uploaded by the bidder on the “e-tendering” web site of MSEDCL.
c. The bidder shall submit, in a separate envelop, following documents in

hard copies prior to the dead line for submission of bids.
i. Receipt of Payment made by the bidder against the Bid Fees of

an amount of Rs. 25,000/- + 18% GST as applicable to Bid.
ii. Bid Security of Rs. 75,00,000/- (Rupees Seventy Five Lakhs

only) as specified in the Bid document.
iii. Power of attorney in the name of the person authorized to sign

Bid document. (Authority letter)
20. Deadline for Submission of Bids:
A. Bids must be uploaded by the bidder through e-tender process not later
than the time and date specified in the invitation for Bids (Section - I).
B. The MSEDCL may, at the discretion, extend this deadline for submission
of bids by issuing an addendum in accordance with clause (16), in which

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case all rights and obligations of MSEDCL and Bidders previously subject
to the deadline will thereafter be subject to the deadline as extended.
21. Late Bids:
In online e-tender system, bidder shall not be able to submit the bid after
the bid submission time and date as the icon or the task in the e-tender
portal will not be available.
22. Clarification of Bids:
During evaluation of Bids, MSEDCL 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.
23. Acceptance or Rejection of Bids:
A. MSEDCL 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.
B. Any Bid with incomplete information is liable for rejection.
C. 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.
D. If any information given by the bidder is found to be false/ fictitious, the

Bidder will be debarred from participating in any other tenders of
MSEDCL and will be black listed in accordance with the Debar Policy of
MSEDCL.
24. Preliminary Examination:
A. The MSEDCL will examine the Bids to determine whether they are
complete, whether any computational errors have been made, whether
required sureties have been furnished, whether the documents have
been properly signed, and whether the bids are generally in order.
B. Arithmetical errors will be rectified on the following basis

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If there is a discrepancy between words and figures, the lower of the two
will prevail. If the Bidder does not accept the correction of errors, its bid
will be rejected and EMD forfeited. MSEDCL may waive any minor
infirmity or non- conformity in a bid, which does not constitute a
material deviation, provided such a waiver does not prejudice or affect
the relative ranking of any bidder.
C. Prior to the detailed evaluation, the MSEDCL will determine the

substantial responsiveness of each bid to the Tender Documents. For the
purposes of these Clauses, a substantially responsive bid is one, which
conforms to all the terms and conditions of the Tender Documents
without material deviations. Deviations from or objections or
reservations to critical provisions such as those concerning Performance
Security, applicable Law and taxes and duties, Guarantee, Force Majeure
will be deemed to be a material deviation. MSEDCL’s determination of a
bid’s responsiveness is to be based on the contents of the bid itself
without recourse to extrinsic evidence.
D. If a bid is not substantially responsive, it will be rejected by MSEDCL and

may not subsequently be made responsive by the Bidder by correction of
the non- conformity.
25. Opening and Evaluation of Proposals:
A. Opening of Pre-Qualification cum Technical Proposals:
a. The Employer will open the Technical Proposals on the date and
time designated in the E-Tender Notice/ Bid Document.
b. The Price Proposals will remain unopened until the time of

opening of the Price Proposals. The time and date of the opening
of the Price Proposals will be advised in writing or by email by the
Employer following approval of the evaluation of the Technical
Proposals.
B. Examination of Technical Proposals and Determination of

Responsiveness:
a. Only Technical Proposals conforming 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, MSEDCL, may, at its discretion, ask the bidders

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for clarification of their proposals.
b. The Employer will examine the bids to determine whether they

are complete, whether the documents have been properly signed,
whether the required security is included, and whether the bids
are generally in order. Any bids found to be non-responsive for
any reason or not meeting the minimum levels of the performance
or other criteria specified in the bidding documents will be
rejected by the Employer and will not be included for further
consideration.
c. The Employer will also determine whether each bid is

substantially responsive to the requirements of the bidding
documents. A substantially responsive bid is one which conforms
to all the terms, conditions of the bidding documents, without
deviation or reservations. A deviation or reservation is one:
i. which affects in any substantial way the scope, quality or

performance of the Works;
ii. which limits in any substantial way, inconsistent with the

bidding documents, the Employer’s rights; or
iii. Whose rectification would affect unfairly the competitive

position of other bidders presenting substantially
responsive bids.
d. If a bid is not substantially responsive it will be rejected by the

Employer, and may not subsequently be made responsive by
correction or withdrawal of the nonconforming deviation or
reservation. Conditional bids will be deemed to be not
substantially responsive, and will be rejected by the Employer.
e. Notwithstanding the above, the Employer reserves the right to

accept minor deviations which do not materially affect the
substantial responsiveness of the Bid, whose rectification would
not affect unfairly the competitive position of other bidders, and
which can be rectified after award of contract without change to
the price, scope, quality or performance of the Works.
C. Clarification of Technical Proposals and Contacting the Employer:
a. The Employer may conduct clarification meetings with each or

any bidder to discuss any matters, technical or otherwise, where

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the Employer requires amendments or changes to be made to the

Technical Proposal.
b. Any effort by the bidder to influence the Employer in the

Employer’s evaluation of Technical Proposals, bid comparison or
the Employer’s decisions on acceptance or rejection of bids may
result in the rejection of the bidder’s bid and forfeiture of the bid
security in accordance with the provisions.
D. Performance Test:
a. The bidders, who qualify in Technical Evaluation as above, shall

have to carry out the Performance test (Section - VIII) on highest
model of each capacity and type of complete Solar Photovoltaic
water pumping system as whole for which participated.
b. The price bid of those bidders who pass the performance test (as
specified Annexure –III of Section – VIII), shall only be opened.
c. Though the bidder qualify in Technical evaluation but fails in the

performance test; his price bid shall not be opened & he shall be
disqualified from further bidding process.
E. Invitation to Attend Opening of Price Proposals:
After completion of the Performance Test, the Employer will intimate

the bidders who have been determined as being qualified in
“Performance Test” and will be invited for Price Proposal bid opening.
The bidders may also join online.
F. Financial Evaluation:
The "Financial bids" of only those bidders shall be opened, who qualifies
the “Performance test". The price bids of the eligible bidders will then be
evaluated in the manner provided below;
a. At the outset, the price bids of all the Bidders who are technically
qualified in technical evaluation and thereafter qualifies the
Performance test shall be opened in the presence of the Bidders’
Representatives who choose to attend.
b. The bidder's names, the Revenue Division wise Bid Prices, of each
bid, any discounts, and such other details as the Employer may
consider appropriate, will be announced and recorded by the
Employer at the opening. The bidder's authorized representatives
will be required to sign this record.

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G. Determination of the Lowest quoted price for Solar Water pumping

System :
a. The estimate rates are exclusive of taxes. However, Bidder has to

mention the details of applicable taxes in Appendix-IX, Price
Schedule
b. The bidder has to quote for both capacities i.e. 3 HP & 5 HP and offer his
maximum quantity of 3 HP & 5 HP each. However the minimum offered
quantity for each capacity of pump shall not be less than 20% of the
quantity of respective Capacity. The bidder may quote for one or more
Revenue Divisions. The bid not satisfying these criteria shall be treated
as non-responsive.
c. The Bidder shall quote his price on a percentage basis against the unit
FORD cost (excluding GST) for solar pumping system including
standalone solar lighting system Revenue Division wise. Same
percentage quote will be applicable to 3HP & 5 HP set including
standalone system.
d. In case of percentage quoted in words and figure are different, the
lowest of the two shall be considered (i.e. which is beneficial to
MSEDCL).
e. Such Bidder who has quoted the lowest percentage shall be
declared as the preferred Bidder Revenue Division wise (the “First
Selected Bidder”).The L-1 bidder will be declared Revenue
Division wise. The Employer at sole discretion, if found necessary,
may negotiate the offer of “First Selected Bidder i.e. L-1 bidder”.
H. Offers by matching prices with lowest acceptable bidder:
On declaration of the First Selected Bidder/ preferred bidder for the
Solar Water Pumping System; exercise of matching prices shall be
carried out as below;
a. Employer shall invite the remaining successful bidders to match
the quote of the lowest acceptable L-1 Bidder Revenue Division
wise.
b. If the other bidder/s are consented to accept order at such lowest
acceptable price, all such bidders shall be empanelled subject to
submission of PBG within 14 days and execution of agreement.
c. The Employer reserves the rights to empanel the agencies at sole
discretion subject to matching the quote of the L-1 Bidder.

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26. Criteria for empanelment and Rate Contract
A. MSEDCL will empanel the successful Bidder(s) whose Bid has been
determined to be substantially responsive and has been determined as
the lowest evaluated bid as per the criteria mentioned above, i.e.
quantity of pumps for which lowest price quoted and quantity of pumps
in which offer price matched with Lowest price of the pumps provided
further that the Bidder is determined to be qualified to perform the
Contract satisfactorily.
B. The Employer reserves the right to accept or reject any bid, and to
annual the bidding process and reject all bids, at any time prior to
empanelled/award of Contract, without thereby incurring any liability to
the affected bidder or bidders or any obligation to inform the affected
bidder or bidders of the grounds for the Employer's action.
27. Notification of Empanelment
A. Prior to expiration of the period of bid validity prescribed by the

Employer, the Employer will notify the successful bidder, that his bid
has been accepted. This letter (hereinafter and in the Conditions of
Contract called the "Letter of Empanelment") shall name the sum which
the Employer will pay to the bidder in consideration of the execution of
works as prescribed in the Contract (hereinafter and in the Conditions of
Contract called "the Contract Price").
B. The notification of empanelment will constitute the formation of the

Contract. Further, the name of empanelled contractors will be hosted on
MSEDCL’s website.
C. Upon furnishing Security Deposit by empanelled bidder, the Employer

will promptly notify the other bidders that their bids have been
unsuccessful.
D. After empanelment the detail work order will be issued subsequently.
28. Change in Laws and Regulations
If, after the date seven (07) days prior to the date of Bid Opening, any law,
regulation, ordinance, order or by-law having the force of law is enacted,
promulgated, abrogated or changed in India (which shall be deemed to
include any change in interpretation or application by the competent
authorities) that subsequently affects the costs and expenses of the
Contractor and/or the Time for Completion, the Contract Price shall be
correspondingly increased or decreased, and/or the Time for Completion

Page 29 of 128
shall be reasonably adjusted to the extent that the Contractor has thereby
been affected in the performance of any of its obligations under the
Contract. However, these adjustments would be restricted to direct
transactions between the Employer and the Contractor and not on
procurement of raw materials, intermediary components etc. by the
Contractor for which the Employer shall be the sole judge. Notwithstanding
the foregoing, such additional or reduced costs shall not be separately paid
or credited if the same has already been accounted for in the price
adjustment provisions where applicable to the Contract Agreement.
29. Signing of Contract
A. At the same time that the employer notifies the successful bidder that its
bid has been accepted, the Employer will send the bidder the Form of
Contract, incorporating all agreements between the parties.
B. Within 14 fourteen days of receipt of the Letter of Empanelment, the

successful bidder shall sign the Form of Contract on Stamp Paper (non-
judicial) borne by the bidder as per the rate specified in Bombay Stamp
Act 1958 duly amended issued in Maharashtra and return it to the
Employer.
30. Performance Bank Guarantee (PBG) in lieu of Security Deposit:
A. The successful bidder shall furnish the performance Bank guarantee

within 14 calendar days from the issue of the Letter of Empanelment in
the form of an unconditional and irrevocable Bank Guarantee for an
amount equal to 2.5% of the 25% value of the total quantity of the
Revenue Division where the agency is empanelled calculated as per L-1
rate denominated solely in Indian Rupees payable and claimed at
Mumbai issued either by a Nationalized or Scheduled Bank located in
Maharashtra & acceptable to the employer and valid for the period for 5
years initially and it is to be extended for further period till completion of
guarantee period of last pump commissioned.
B. At any time the value of PBG should not be less than 5% of the value of
executed works. In case the PBG amount is less than 5% of the value of
executed works the agency will have to submit additional PBG so as to
make the total value of PBG at least equal to 5% of the value of executed
works.
C. After completion of guarantee of last pump, Contractor/ Agency will

submit performance Bank Guarantee, for an amount equal to 2% of

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amount of the executed quantity for the further period of 5 years to

cover the guarantee of the Solar PV Panels.
D. 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.
E. 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 guarantee period of
5 years of commissioning of last pump. Defect liability for PV Panels shall
be 10 years after commissioning of Last Solar pump.
F. 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.
31. Forfeiture of Performance Bank Guarantee
A. The performance Bank Guarantee submitted in lieu of security deposit

specified in the clause 30 will be liable to be forfeited if
a. The contractor fails to initiate the works after award of contract or
b. The progress of works were perpetually lagging behind the

intended progress of works
c. The contract is terminated due to the reasons attributed to the

contractor or
d. 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.
B. The performance bank Guarantee 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.
32. Corrupt or Fraudulent Practices
A. The Maharashtra State Electricity Distribution Company Ltd. and the

State require that the bidders observe the highest standard of ethics

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during the procurement and execution of such contracts. In pursuance of

this policy, MSEDCL defines for the purposes of this provision, the terms
set forth below as follows:
a. “corrupt practice” means behaviour on the part of officials in the

public or private sectors by which they improperly and unlawfully
enrich themselves and/ or those close to them, or induce others to
do so, by misusing the position in which they are placed, and it
includes the offering, giving, receiving or soliciting of anything of
value to influence the action of any such official in the
procurement process or in contract execution; and
b. “fraudulent practice” means a misrepresentation of facts in order

to influence a procurement process or the execution of a contract
to the detriment of the Employer, and includes collusive practice
among bidders (prior to or after bid submission) designed to
establish bid prices at artificial non-competitive levels and to
deprive the Employer of the benefits of free and open competition.
B. MSEDCL will reject a proposal for award if it determines that the bidder
recommended for award is engaged in corrupt or fraudulent practices in
competing for the contract in question;
C. MSEDCL will declare a firm ineligible, either indefinitely or for a specific

period of time, to be awarded an MSEDCL contract if at any time if it is
found that the firm has engaged in corrupt or fraudulent practices in
competing for, or in executing, an MSEDCL Assignment.

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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.
In this Contract, the following terms shall be interpreted as indicated:
1. THE CONTRACT
A. 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:
a. Dates, Times and Periods
i. "Commencement Date" means the date of issue of first list of

beneficiaries handed over by the Superintending Engineer,
MSEDCL Corporate Office, Prakashgad, representative of the
Employer.
ii. "Contract Period" means the period from the

Commencement Date to the date of completion of the
guarantee period.
iii. "Day" means a calendar day, “Month” means a calendar

month, and “Year” means 365 days, as per the English
Calendar.
iv. “Defect Correction / Liability 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.
v. “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.
vi. "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.

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vii. “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”.
viii. “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.
ix. "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
Technical Proposal, calculated from the Commencement Date.
b. Documents
i. "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’.
ii. "Contract Agreement" means the contract agreement (if any)

referred to in Sub-Clause (j).
iii. "Contract" means the agreement if any to be entered into by

the owner with the contractor and shall include 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.

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iv. "Contractor's Proposal" means the completed Sections,

Schedules, and supporting documentation submitted with the
tender document, as included in the Contract.
v. "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.
vi. "Letter of Empanelment / award" means the formal

acceptance by the Employer of the tender. The term “Letter of
Empanelment / award” is synonymous with the term “Notice
of Empanelment / Award”.
vii. “Rate Contracts”: The Rate Contract is a contract under

which, during the period of its currency, the contractor
engages to supply materials on demand, irrespective of
quantity, at fixed unit rates or prices, within a given period of
the receipt of such demand.
viii. "Schedule of Payments" means the Schedule designated as

such (if any), referred to in section IX.
ix. "Schedules" means the information and data submitted with

the tender, as included in the Contract.
x. "Tender/ Expression of Interest (EoI)" 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'.
c. 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.
iii. Words importing one gender also include other genders.

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d. Law and Language
i. The law of the Contract is the law of India.
ii. Where versions of the Contract are prepared in different

languages, the English language version shall prevail.
iii. The language for reporting and day to day communications

shall be English.
e. Money and Payments
i. "Contract Price" means the sum stated in the Letter of

Empanelment as payable to the Contractor for the 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.
ii. "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.
iii. “Foreign Currency" is not applicable for this Contract.
iv. "Local Currency" means the currency of the Employer’s

Country, i.e., Indian Rupees.
f. Other Definitions
i. "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.
ii. "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.

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iii. "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.
iv. “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.
v. “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.
vi. “GCC” means the General Conditions of Contract.
vii. “General Conditions” shall mean the General conditions of

Contract.
viii. “Goods” shall mean Solar Photovoltaic Water Pumping

Systems including Standalone lighting system.
ix. “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.
x. “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.
xi. "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.
xii. "Permanent Works" means the permanent works to be

designed and executed in accordance with the Contract.

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xiii. "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.
xiv. "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;
xv. "Site" means the places provided by the Employer where the
Works are to be executed at the locations of identified farmers
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.
xvi. “SCC” means the Special Conditions of Contract.
xvii. “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.
xviii. “The Government” means the Government of Maharashtra

State.
xix. "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.
xx. "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.
xxi. "Works" means the Permanent Works and the Temporary

Works or either of them as appropriate, including design,
supply, transportation, construction, erection, testing, pre-
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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.
xxii. "Writing" shall include any manuscript, typewritten, printed

or other statement reproduced in any visible form whether
under seal or written by hand.
xxiii. ‘Allotted work/ quantity’ means the work/ quantity for which
the work order is issued to the empanelled agency during the
rate contract period as per tender terms and conditions.
xxiv. “Solar Photo Voltaic Pumping System”: Solar Photo Voltaic

(SPV) Water Pumping System means complete pumping
systems of 3HP / 5HP capacity as per scope of works
including Solar DC Pump, PV Panels, Standalone lighting
system etc.
g. Headings and Marginal Notes
The headings and marginal notes are not part of these Conditions,
and shall not be taken into consideration in their interpretation.
h. Persons
i. “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 specified tender and shall
include “Principal Arbitrator”.
ii. “Beneficiary” shall mean the farmer, finalized by the MSEDCL

as per the list issued along with the work order for supply of
Solar Photovoltaic Water pumping System including
standalone lighting system with its installation and
commissioning by the Contractor/ Agency under this
Contract.
iii. “Contractor/ Agency” means the entity supplying the goods

and services under this contract

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iv. "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.
v. "Empanelled Contractor" means the person who’s Bid 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.
vi. "Employer" means the person named as specified in clause 2

(a) of Section-I, and the legal successors in title to such
person, but not (except with the consent of the Contractor)
any assignee of such person.
vii. "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.
viii. “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.
ix. “Inspecting Authority” shall mean any Engineering person or

personnel authorized by MSEDCL to supervise and inspect.
x. “MSEDCL” means Maharashtra State Electricity Distribution

Company Limited; a company incorporated under the
Company’s Act 1956 after the restructuring of the erstwhile
Maharashtra State Electricity Board having its registered
office at Plot No. G-9, Prakashgad, Bandra (East), Mumbai 400
051.
xi. “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 by the 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.
i. Tests and Completion

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i. “Commissioning” means operation of the facilities:

completion of work of Supply, Erection, Installation, Testing of
Off Grid Solar Water Pumping System along with standalone
system in all respect & putting the facility/ System in the
successful operation in identified farmers’ premises along
with the displaying such facilities on the web portal of
MSEDCL, or any part thereof by the Contractor following
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.
ii. "Final Contract Completion Certificate" means the

certificate issued by the Employer’s Representative upon
satisfactory completion of the Guarantee responsibilities.
iii. “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.
iv. "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.
v. "Taking-Over Certificate" means a certificate issued by the

Engineer when the Works, have been completed in
accordance with the Contract.
vi. "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.
vii. “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.

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j. Contract Agreement
A Contract Agreement shall be provided separately.
k. 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:
i. The Contract Agreement;

ii. The Letter of Empanelment;
iii. The Bid (accepted Price Proposal);
iv. The Conditions of Contract, ;
v. The Employer's Requirements (including Specifications and
Drawings); and
vi. The Contractor's Proposal (Technical Proposal, including
completed Schedules).
l. Documents on Site
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 k. The Employer, the
Employer's Representative and assistants (as referred to in Clause 1
(b)) shall have the right to use such documents at all reasonable
times.
m. Communications
i. Wherever provision is made for 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.
ii. 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

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systems of electronic transmission stated in the Appendix to

Tender.
iii. 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 air/ mail 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 Technical
Proposal.
iv. 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.
n. Provision of Construction Documents
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.
o. Employer’s Use of Contractor’s Documents
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

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(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.
p. Contractor’s Use of Employer’s Documents
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.
q. 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.
r. Compliance with Statutes, Regulations and Laws
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.
s. Labour laws
The Contractor shall comply with all the relevant labour 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
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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.
t. 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.
u. Inspections and Audit by the Financing Agency and/or

Employer
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.
v. Severability
If any provision or condition of the Contract is prohibited or

rendered invalid or unenforceable, such prohibition, invalidity or
unenforceability shall not affect the validity or enforceability of any
other provisions and conditions of the Contract.
2. 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/ 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 MSEDCL
B. MSEDCL 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 guarantee period as set out

in this Contract.

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3. Application
These General Conditions shall apply to the extent that they are not
superseded by provisions in other parts of the contract.
4. Standards
A. The goods supplied under this contract shall confirm to the Standards
mentioned in the Technical specification Section VIII as per the MNRE
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: MSEDCL 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 MSEDCL. 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/ 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.
5. 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.
6. Use of Contract Documents; Inspection and Audit by the Government
A. The Contractor/ Agency shall not, without MSEDCL’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 MSEDCL 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.

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B. The Bidder shall not, without MSEDCL prior written consent, make
use of any document or information.
C. Any document, enumerated in this tender shall remain the property

of MSEDCL and shall be returned (in all copies) to MSEDCL on
completion of the Contractor/ Agency performance under the
contract if so required by MSEDCL.
D. The Contractor/ Agency shall permit the authorized representative of

MSEDCL 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.
7. Inspections and Tests:
A. MSEDCL 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 MSEDCL. Factory inspection 100% & 2% site
inspection on random sample basis.
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
MSEDCL.
C. Any inspected or tested goods fail to conform to the specifications,

MSEDCL may 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 MSEDCL.
D. The MSEDCL'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 inspected,
tested and passed by MSEDCL or its representative prior to the goods
shipment.
E. Pre-dispatch Inspection: MSEDCL 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 guarantee or other obligations under this contract.

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G. MSEDCL may appoint third party for inspection of complete system, its
workmanship and performance during contract period of the projects.
8. Delivery and Documents
Delivery of the goods shall be made by the Contractor/ Agency in

accordance with the terms specified by MSEDCL and notified in the Intent.
The details of dispatch and other documents to be furnished by the
Contractor/ Agency are specified in Section – IV, SCC.
9. Insurance
Solar Photovoltaic Water Pumping Systems under the contract shall be fully
insured by the Contractor/ Agency in Indian Rupees against any loss or
damage incidental to manufacture or acquisition, transportation, storage till
handing over the complete system to the beneficiary and the contract price
shall include the same.
10. 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.
11. Payment:
Payment will be made to the Contractor/ Agency as per Section VI, Clause 2.
12. Sub-contracts:
Subcontract is strictly prohibited.
13. Delays in the Contractor/ Agency's Performance
Delivery of the goods and performance of the services shall be made by the
Contractor/ Agency in accordance with mutually agreed conditions.
If at any time during installation and commissioning, if the Contractor/

Agency encounter conditions impeding timely delivery of the goods and
performance of services, the Contractor/ Agency shall promptly notify
MSEDCL 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,
MSEDCL shall evaluate the Situation and may, as its discretion, extend the
Contractor/ Agency's time for performance with or without liquidated

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damages, in which case the extension shall be ratified by the parties by

amendment of the contract.
Except as provided under Section – III, GCC Clause 18, a delay by the
Contractor/ Agency in the performance of its delivery obligations shall
render the Contractor/ Agency liable to the imposition of penalty pursuant
to Section - VIII, Clause (Error! Reference source not found.)&(2), unless an
xtension of time is agreed upon pursuant to Section – III, GCC Clause 14
without the application of liquidated damages.
14. Extension of Time for Completion:
A. The Time(s) for Completion specified in the tender shall be extended if

the Contractor is delayed or impeded in the performance of any of its
obligations under the Contract by reason of any of the following:
i. any Change in the Facilities as provided in scope or
ii. any occurrence of Force Majeure as provided in clause no. 18 or
iii. any suspension order given by the Employer under Clause 16

hereof or
iv. any changes in laws and regulations or
v. any other matter specifically mentioned in the Contract
by such period as shall be fair and reasonable in all the circumstances

and as shall fairly reflect the delay or impediment sustained by the
Contractor.
B. Except where otherwise specifically provided in the Contract, the

Contractor shall submit to the Employer a notice of a claim for an
extension of the Time for Completion, together with particulars of the
event or circumstance justifying such extension as soon as reasonably
practicable after the commencement of such event or circumstance.
Practicable after receipt of such notice and supporting particulars of the

claim, the Employer and the Contractor shall agree upon the period of
such extension. In the event that the Contractor does not accept the
Employer’s estimate of a fair and reasonable time extension; the
Contractor shall be entitled to refer the matter to Dispute Resolution
Committee. If in case the Dispute Resolution Committee failed to resolve
the dispute, the matter shall be referred for Arbitration, pursuant to
clause 21 (C).

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C. In order to implement the time frame as specified in the tender

document, no time extension will be granted under normal
circumstances and any slippage on mile stone shall render allotted
quantity to be cancelled and reallocated to other vendor/ agency at
Employer’s discretion.
15. Notice to Correct
If the contractor fails to carry out any of the obligations, or if the Contractor
is not executing the works in accordance with the Contract, the MSEDCL
may give notice to the contractor requiring him to make good such failure
and remedy the same within a specified reasonable time.
16. Suspension
A. The Employer may request, by notice, to order the Contractor to

suspend performance of any or all of its obligations under the Contract.
Such notice shall specify the obligation of which performance is to be
suspended, the effective date of the suspension and the reasons
therefore. The Contractor shall thereupon suspend performance of such
obligation (except those obligations necessary for the care or
preservation of the Facilities) until ordered in writing to resume such
performance by the Employer.
If, by virtue of a suspension order given by the Employer, other than by

reason of the Contractor’s default or breach of the Contract, the
Contractor’s performance of any of its obligations is suspended for an
aggregate period of more than ninety (90) days, then at any time
thereafter and provided that at that time such performance is still
suspended, the Contractor may give a notice to the Employer requiring
that the Employer shall, within twenty-eight (28) days of receipt of the
notice, order the resumption of such performance or request and
subsequently order a change in facilities excluding the performance of
the suspended obligations from the Contract.
If the Employer fails to do so within such period, the Contractor may, by

a further notice to the Employer, elect to treat the suspension, where it
affects a part only of the Facilities, as a deletion of such part or, where it
affects the whole of the Facilities, as termination of the Contract
B. If the Contractor’s performance of its obligations is suspended or the

rate of progress is reduced pursuant to this Clause, then the Time for
Completion shall be extended in accordance with Clause 14, and any and
all additional costs or expenses incurred by the Contractor as a result of

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such suspension or reduction shall be paid by the Employer to the

Contractor in addition to the Contract Price, except in the case of
suspension order or reduction in the rate of progress by reason of the
Contractor’s default or breach of the Contract.
C. During the period of suspension, the Contractor shall not remove from
the Site any Plant and Equipment, any part of the Facilities or any
Contractor’s Equipment, without the prior written consent of the
Employer.
17. Termination for Default
MSEDCL 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 MSEDCL
pursuant to GCC Clause (13)& (14); or
B. If the Contractor/ Agency, in the judgment of MSEDCL has engaged in

corrupt or fraudulent practices in competing for or in executing the
contract.
C. For the purpose of this Clause:
"Corrupt Practice" means the offering, giving, receiving, or soliciting

of anything of value to influence the action of a public official in the
procurement process or in contract execution.
"Fraudulent Practice" means a misrepresentation of facts in order to

influence a procurement process or the execution of a contract to the
detriment of the Borrower, and includes collusive practice among
(prior to or after bid submission) designed to establish bid prices at
artificial non-competitive levels and to deprive the Borrower of the
benefits of free and open competition.
In the event MSEDCL terminates the contract in whole or in part, 'MSEDCL

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 MSEDCL 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.
18. Force Majeure

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Notwithstanding the provisions of GCC Clause 13, 14 &17, the Contractor/

Agency shall not be liable for liquidated damages or termination for default,
forfeiture of his/ her performance security, 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 MSEDCL 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 MSEDCL in writing of such conditions and the cause thereof. Unless
otherwise directed by MSEDCL 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.
19. Termination for Insolvency
MSEDCL may at any instance/ time may terminate him from the 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 MSEDCL.
20. Debarring the Agencies from business dealing with MSEDCL
In case of failure on part of successful bidder at any stage of tendering and

execution, the bidder/ contractor may be debarred as per MSEDCL debar
policy provided separately.
21. Settlement of Disputes
A. Dispute Resolution Committee
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 Chief Engineer
(Distribution).

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The Three Member Dispute Resolution Committee shall be constituted

with one member representing the bidder & the two members of
MSEDCL (including one member from Account Department).
The Committee shall (within l20 days) after receipt of the contractor’s
representation make and notify decisions of all matters referred to by
the contractor in writing.
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.
B. 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, E-
mail and confirmed in writing to the other party's address specified.
A notice shall be effective when delivered or on the notice's effective

date, whichever is later.
For the purpose of all notice, the following shall be the address of the
MSEDCL.
Chief Engineer (INFRA)

5th Floor, Prakashgad, Plot No. G-9, Prof. Anant Kanekar Marg,
Bandra (East), Mumbai 400 051, India
Telephone: (022) 2647 4211 Extn. : 2231,
Contractor/ Agency: Name & Postal Address, contact nos., fax no. etc.
(To be filled in at the time of contract signature)
C. Arbitration
In case the Dispute resolution committee fails to resolve the dispute,

the matter shall be resolved by arbitration in the manner provided
herein below:
The arbitration shall be conducted by three arbitrators, one each to be

nominated by the Contractor and the Employer and the third to be
appointed by both the arbitrators in accordance with the Indian
Arbitration Act. If either of the parties fails to appoint its arbitrator
within sixty (60) days after receipt of a notice from the other party
invoking the Arbitration clause, the arbitrator appointed by the party
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invoking the arbitration clause shall become the sole arbitrator to

conduct the arbitration.
The language of the arbitration proceedings and that of the documents

and communications between the parties shall be English. The
arbitration shall be conducted in accordance with the provisions of the
Indian Arbitration and Conciliation Act, 1996 or any statutory
modification thereof. The venue of arbitration shall be “Prakashgad”,
Plot No. G-9, Prof. Anant Kanekar Marg, Bandra (East), Mumbai
400051, Maharashtra-India.
The decision of the majority of the arbitrators shall be final and binding
upon the parties. In the event of any of the aforesaid arbitrators dying,
neglecting, resigning or being unable to act for any reason, it will be
lawful for the party concerned to nominate another arbitrator in place
of the outgoing arbitrator.
During settlement of disputes and arbitration proceedings, both parties

shall be obliged to carry out their respective obligations under the
Contract.
D. 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 Mumbai city of Maharashtra. The Indian Law
shall govern the contract.
MSEDCL 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 MSEDCL 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.

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iii. Arbitration proceeding shall be conducted in accordance with the

rules of procedure specified.
Notwithstanding any reference to arbitration herein,
a. The parties shall continue to perform their respective

obligations unless they otherwise agree; and
b. The MSEDCL shall pay the Contractor/ Agency any monies due
to the Contractor/ Agency. The MSEDCL reserves right to place
Intent for supply to extent of availability of funds/ grants and
may cancel the project due to unforeseen obligations.
22. Limitation of Liability
Except in cases of criminal negligence or wilful misconduct, and in the case

of infringement pursuant to Clause 5 of GCC,
A. The Contractor/ Agency shall not be liable to MSEDCL, whether in

contract, tort, or otherwise for any indirect or consequential loss or
damage, loss of use, loss of Production or loss of profits or interest
costs, provided that this exclusion shall not apply to any obligation of
the Contractor/ Agency to pay liquidated damages to MSEDCL;
B. The aggregate liability of the Contractor/ Agency to MSEDCL, whether

under the contract, in tort or otherwise, shall not exceed the total
contract price, provided that this limitation shall not apply to the cost
of repairing or replacing defective solar photovoltaic water pumping
system.
23. Governing Language
The Agreement shall be written in English language only. Subject to GCC

Clause 25, English language version of the contract shall govern its
interpretation. All correspondence and other documents pertaining to the
contract which are exchanged by the parties shall be written in the same
English language alone.
24. Applicable Law
The contract shall be interpreted in accordance with the laws of the Union of
India.
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

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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.
26. Performance specifications and guarantee
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 guarantee of the solar photovoltaic pumping system shall be as

mentioned in Section – IV, SCC, clause (6).
C. The guarantee 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 the reporting of
the fault/ non-operational status is done, within 7 days. If the Solar
Photovoltaic water pumping system is not made operational within 7
days, the Contractor/ Agency will be penalized in accordance with
Section –VII, clause (3).
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 guaranteed against any manufacturing or design or installation
or performance defects.
E. The guarantee will be against breakages, malfunctions, non-fulfilment

of guaranteed performance and breakdowns due to manufacturing
defects or defects that may arise due to improper operation of

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electrical or electronic components of the system but do not include

physical damages by the end users.
F. The above guarantee 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 guarantee period for the entire system
free of cost, failing which MSEDCL deduct the amount from the amount
retained by MSEDCL as per Payment terms and will be blacklisted.
H. The guarantee 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 MSEDCL is final and
binding on the successful bidder.
27. Patent Rights
The Bidder shall indemnify MSEDCL 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.
28. Operation and Maintenance Manual & Maintenance Diary
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
guarantee 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

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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 MSEDCL.
30. Incidental Services
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;
D. Performance or supervision or maintenance and/or repair of the

supplied Goods, for a period of 5 years (10 years for Solar Panel),
provided that this service shall not relieve the Contractor/ Agency of any
guarantee 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/
Agency.

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SECTION – IV
SPECIAL CONDITIONS OF CONTRACT (SCC)
The following Special Conditions of contract shall supplement the General

Conditions of Contract. Whenever there is a conflict, the provisions herein shall
prevail over those in the General Conditions of Contract. The corresponding clause
number of the General Conditions is indicated in parentheses.
1. Definitions (GCC Clause 1):
As mentioned in Section-III GCC Clause 1.
2. Delivery and Documents (GCC Clause 8)
Dispatch clearance has to be obtained from MSEDCL. Only after the issue of
the same the materials shall be dispatched.
Upon Delivery of the goods, the Contractor/ Agency shall notify MSEDCL 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 MSEDCL:
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 guarantee certificate:
E. Inspection certificate issued by the Competent authority nominated by

MSEDCL, 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 beneficiary
and all the bill books, acknowledgement receipts etc. as per work order.
The above documents shall be submitted to MSEDCL 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. MSEDCL 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.

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3. Billing and Payment (GCC Clause 11)
A. Billing: Contractor/ Agency shall raise the invoice/ bill for supply,
installation, testing and commissioning of Solar Photovoltaic water
pumping system.
B. Payment: Refer schedule of prices and schedule of payment Section VI.
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 MSEDCL staff, act
within its own authority and abide by directives issued by MSEDCL and
implementation activities.
The Contractor/ Agency will abide by the job safety measures prevalent in
India and will free MSEDCL 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 MSEDCL 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 MSEDCL, 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 MSEDCL.
MSEDCL, 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

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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. MSEDCL 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 guarantee 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.
6. Guarantee:
The off grid solar pump system shall be guaranteed for 5 years. The Solar PV
panel of Solar Pump system and stand alone system (along with stand) shall
be guaranteed for 10 years. The LEDs, USB port facility for mobile charging
through the solar panel and ON-OFF switch with DC Socket (15A) for
battery charging through the solar system shall be guaranteed for 3 years.

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SECTION - V
IMPLEMENTATION SCHEDULE AND PROCESS:
The work should be implemented by the Contractor/ Agency as per the following
implementation schedule: -
1. The applicant seeking application for off grid solar pump will apply online on
MSEDCL web portal.
2. MSEDCL will approve the application and issue Firm Quotation for
beneficiaries’ share along with list of empanelled contractors in respective
Revenue Division.
3. Applicant will make the payment of his share and select the empanelled
agency and inform the MSEDCL through web portal.
4. MSEDCL will issue the work order to empanelled agency selected by

beneficiary.
5. The Agency shall provide Solar Photovoltaic Water Pumping System along
with Standalone lighting system to farmers within 90 days from issue of work
order.
6. Period of Completion: The Contractor/ Agency shall complete the work

within 90 days from the date of issue of work order
7. If Agency fails to perform the activities within 90 days from issue of work
order, the Notice to Correct Work shall be issued.
8. In spite of notice to correct works, if Agency fails to perform/ improve the

progress of the activities, the notice of termination of the empanelment shall
be issued.
9. In case Agency fails to perform the activities even after 15 days from the issue
of the Termination of Contract Notice, the Empanelment / contract/ work
shall be terminated.
10. In case if Agency does not execute the offered quantity, the Agency shall be
blacklisted (in case of "JV / Consortium", all the partners shall be blacklisted)
11. The Agency has to provide operation and maintenance manuals, as specified,
in Marathi Language and also to provide Maintenance Diary with beneficiary
at site as mentioned in Section - III, GCC, Clause (28).
12. The system shall be handed over to the beneficiary i.e. farmer after successful
commissioning and operation through prescribed handing over and taking

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over as per procedure in prescribed format. The Agency should take

acknowledgment as per the procedure.
13. The Agency should handover acknowledgement receipts to MSEDCL along

with photo graphs of Solar Pumping System with beneficiary & employer’s
local representative.
14. The Agency has to attend the complaints on information and resolve the same
within 72 hrs.
15. The Agency has to replace defective Solar Photovoltaic Components of the
systems during the guarantee period.
16. The Agency to follow above outlined process for replacement of defective
Solar Water Pumping system. The Agency has to obtain acknowledgment for
the same and submit to MSEDCL as per the procedure.

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SECTION - VI
SCHEDULES OF PRICES AND SCHEDULE OF PAYMENTS
1. The Contract Price:
A. 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
3 & 5 HP capacity at identified farmer’s site with provision of data
transfer by Automated Meter Reading (AMR) along with Water
Discharge Reading directly to MSEDCL Portal in districts of Maharashtra
with guarantee period of 5 Years for off grid solar pump system and 10
years for solar PV panels and stand alone lighting system and as
described in the Bidding Document on “Turnkey” Contract Basis.
B. The Revenue Division wise ‘FORD’ price exclusive of Goods & Services
Taxes (GST) quoted against Solar Water pumping System shall be
considered to determine the Lowest Price for the tender. This offer
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,
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.
C. The Bidders shall mention the details of GST with Government

Notification in Price Schedule. Bidder shall note that the actual
applicable taxes shall be paid to Contractor.
D. Such Bidder that has quoted the lowest price (exclusive of all the taxes)
in the Revenue Division shall be declared as the preferred Bidder (the
“First Selected Bidder”). The declaration shall be Revenue Division wise.
The Bidder shall quote rates clearly and no alterations or additions shall
be made to the Price schedule.
E. 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
Payment terms.

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2. Payment procedure:
A. The payment will be disbursed through Running Account (RA) bill wise
as specified under:
i. 90% and 100% applicable taxes of the order value of delivered

quantity of supplied, erected, tested and commissioned Solar
Photovoltaic Water Pumping System (consisting of PV Solar
Panels, controller, pump, etc. and other accessories required for
successful commissioning of Solar Photovoltaic Water Pumping
System) at farmer’s site on submission of necessary documents as
per check list in duplicate at respective Division Office of MSEDCL,
after on-site verification, inspection, by Concerned Sectional
Officer/ any authority representative of Employer and/ or its
authorized inspection agencies, for which the claim is received.
The details of all these pumps should be fed through mobile-app

so that all these pumps are visible on Solar-Portal developed by
MSEDCL.
The Installation certificate duly signed by designated officer of

Employer showing its installation date and performance to be
submitted along with invoice.
Contractor has to submit Project Completion Report in the format

prescribed by MSEDCL (Part-A, Part-B, Part-C) along with
photograph of the front view of the proposed site and after system
installed & commissioned by contractor in same view while
claiming payment as mentioned above.
ii. Maximum 2 nos. of RA Bill of minimum 50 nos. of SPV Water

Pumping systems each shall be accepted in a month. However, one
bill per month will be permitted if executed quantity is less than
50 nos. in the month.The balance 10% of payment against supply,
installation and commissioning of Solar photovoltaic water
pumping system and comprehensive maintenance excluding
Taxes shall be released on successful supply, erection, testing and
commissioning of total ordered quantity of Solar photovoltaic
water pumping systems as may be certified by employer’s
representative and issuance of taking over Certificate by the
Employer.

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Note: In case if “Bidder” does not provide service during the guarantee
period, BG shall be forfeited and “Bidder” be blacklisted & provision of
penalty clauses will be followed.
B. In case of unforeseen circumstance such as drying of the well or bore

well, lowering of water level of the bore well/ well, stop farming for
some reason etc. which is not arisen due to the supplier/ agency, the
payment shall be made to the supplier after due verification and
certification by MSEDCL .
3. Taxation
A. The price bid by the Contractor shall except GST, include all customs
duties, import duties, business taxes, income tax, and any other taxes,
duties or levies that may be levied in accordance to the laws and
regulations in being as of the date 28 days prior to the closing date for
submission of bids in India on the Contractor's Equipment, Plant,
materials and supplies (permanent, temporary and consumable)
acquired for the purpose of the Contract and on the services performed
under the Contract. Nothing in the Contract shall relieve the Contractor
from its responsibility to pay any tax that may be levied in India on
profits made by it in respect of the Contract.
The Bidders shall mention the details of GST with Government

Notification in Price Schedule. Bidder shall note that the actual
applicable taxes shall be paid to Contractor.
B. The bidder should also note that the Employer will discharge its tax
liability under the most beneficial scheme for availing the maximum cost
advantage. Bidder should therefore take GST refund / rebate to which
they may be legally entitled into consideration while offering their
quoted rates/ prices.

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SECTION - VII
PENALTY FOR DELAY:
1. Liquidated Damages (LD) for Delay:
A. If the Contractor fails to comply with Section-II, Clause 1 (M), the

Contractor shall pay to the Employer Liquidated damages for delay beyond
3 months from date of handing over of the list or agreed milestone
(depending on the quantum of work order issued) to be calculated at a rate
of 0.5% (Half percent) of the value of the works delayed excluding GST 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 to maximum 10% of the delayed work.
B. The Liquidated Damages for the delay applicable to activities will not be
attributed to the contractor subject to the condition specified in the Section-
III, GCC, clause (18) “Force Majeure” and the mutually agreed genuine
causes brought on the records thereof by the contractor.
C. The total penalty towards LD shall not exceed 10% of the Contract value.
D. The delay attributable to Employer will not attract any penalty.
2. Penalty for non-executed work:
In case the agency doesn’t execute more than 20% of allotted work, the
empanelment will be cancelled and PBG will be forfeited.
3. Penalty for Non-Attending Complaint/s during the guarantee Period:
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 3 days and the Solar Photovoltaic water pumping system is not
made operational within 3 days, the penalty of Rs. 100/-per day per Solar
Photovoltaic water pumping system upto first 7 days and thereafter Rs. 500/-
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. If Solar Photovoltaic Water Pumping System is not put back in to
satisfactory working condition the same shall be repaired/ replaced at the RISK
& COST of the contractor with the help of other agencies.
The penalty/ RISK & COST amount will be recovered from the balance payable
amount or Bank Guarantee maximum to the extent of cost of Solar Photovoltaic
water pumping system.

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The complaints shall be lodged by beneficiary farmer on Solar Portal/ Toll free
No. of MSEDCL and from this portal the communication will done to the
contractor within 72 hrs. The Contractor will arrange for redresser of
compliant within 7 days from the date of receipt of communication from Solar
portal of MSEDCL.

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SECTION - VIII
TECHNICAL SPECIFICATIONS, PERFRMANCE TESTING AND OTHER
OPERATION AND MAINTENANCE GUIDELINES:
Annexure-I
TECHNICAL SPECIFICATIONS OF SOLAR WATER PUMPING SYSTEM

(2015-16)
1. INTRODUCTION
The Solar Photovoltaic Water Pumping System consists of:
A. PV Array :
(Capacity in the range of 3000 Wp to 6750 Wp)
PV Array should be mounted on a suitable structure with a provision of

tracking the sun.
B. Motor Pump Set (submersible):
 D.C. Motor Pump Set (with Brushes or Brush less D.C.)
C. Electronics :
 Maximum Power Point Tracker (MPPT)

 Appropriate Electronic Controller in case of B.L.D.C.
 Electronic Protections.
D. Interconnect Cables and “On-Off” switch.
E. Automated Meter Reading
Provision of data transfer directly to MSEDCL’s Portal, by Automated

Meter Reading (AMR) with RS-232 & optical port facility. Real time data
of following parameters should be displayed at MSEDCL portal:
a. Voltage,
b. current,
c. Output Watt and
d. Cumulative KWH
e. Date & Time of Pump On/ Off
f. Water Discharge
AMR software will be of MSEDCL, the bidder shall share the communication
protocol with MSEDCL to make the above data available with MSEDCL Portal.

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F. The supplier should also provide Standalone Lighting system consisting of 10

Watt solar panel with minimum efficiency of 14% and 10 years guarantee, 2
nos. of DC LEDs of 3 watt each and USB Port facility for mobile charging
through the solar panel panel and ON-OFF switch with DC Socket (15A) for
battery charging through the solar system shall be provided. The guarantee for
LED and USB Port will be for 3 years. (Battery will be provided by Beneficiary
if required at his cost).
2. PERFORMANCE SPECIFICATIONS AND REQUIREMENTS
Solar PV Water Pumps with PV array with the capacity mentioned in Annexure-
II has to be installed for suitable bore-well/ open well/ Water Reservoir/
Water stream etc.
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), the minimum water
output from a Solar PV Water Pumping System at different “Total Dynamic
Heads” should be as specified below:
For D.C. Motor Pump Set with Brushes or Brush Less D.C. (B.L.D.C.) :
A. 100 litres 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.
B. 50 litres 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.
C. 35 litres 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.
D. 21 litres of water per watt peak of PV array, from a Total Dynamic Head
E. 14 litres of water per watt peak of PV array, from a Total Dynamic Head
F. 9.5 litres of water per watt peak of PV array, from a Total Dynamic Head
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.

Page 70 of 128
Indicative performance specifications for the deep well Solar Photovoltaic

Water pumping systems are given in the Annexure-I
3. PV ARRAY
The Solar Photovoltaic Water pumping system should be operated with a PV

array capacity in the range of 900 Watts peak to 6750 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 125Watts 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 Solar Photovoltaic
Water pumping systems.
A. Modules supplied with the Solar Photovoltaic Water pumping system

should have certificate as per IEC 61215 specifications or equivalent
National or International / Standards.
B. Modules must qualify to IEC 61730 Part I and II for safety qualification
testing.
C. The efficiency of the PV modules should be minimum 14% and fill factor
should be more than 70%.
D. The terminal box on the module should have a provision for “Opening”
for replacing the cable, if required.
E. Each PV module must have a RF identification tag (RFID) posted inside.
F. 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
4. MOTOR PUMP-SET
A. The Solar Photovoltaic Water pumping systems must use the following type
of motor pump sets:
 Submersible motor pump set

Page 71 of 128
B. The “Motor Pump Set” should have a capacity of 3HP & 5HP DC and should
have the following features:
 Submersible pumps could also be used according to the dynamic head of

the site at which the pump is to be used.
C. 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 in submersible pump which are in contact
with water, are of stainless steel. 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.
D. Automated Meter Reading (AMR) Arrangement for Remote Monitoring:
 Provision for Online Automated Meter Reading (AMR) Arrangement for

Remote Monitoring of the installed pumps must be made in the controllers
or the inverters through an integral as well as 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.
Computational measurement of water discharge will be accepted instead
of flow meter. A sample depicted below is a typical log-book deployed for
output data and performance of the Solar Ag water pump:-
Select ↓
Parameter
User Name: From: DD/MM/YY
Name
To: DD/MM/YY
Sr. Date
Parameter Name Unit Result
No. (DD/MM/YY)
1 Voltage (V) Volt
2 Current (I) Amp

Cumulative Energy Generated
3 kWh
by PV array
4 Cumulative Total Water Output Ltr.
5 Pump On/ Off status On / Off
Important: AMR software will be of MSEDCL, the bidder shall share the
communication protocol with MSEDCL to make the above data available with
MSEDCL Portal.

Page 72 of 128
E. The following details should be marked indelibly on the motor pump set
a. Name of the Manufacturer or Distinctive Logo.
b. Model Number.
c. Serial Number.
F. The suction/ delivery pipe (GI/HDPE), electric cables, floating assembly,

civil work and other fittings required to install the Motor Pump set.
5. MOUNTING STRUCTURES and TRACKING SYSTEM.
A. 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, having hot dip
galvanization as per IS: 2629 of 1995 & IS: 4759 of 1996 or 80 micron
whichever is higher.To enhance the performance of Solar Photovoltaic
Water pumping systems, manual 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.
6. Supplier shall produce the Test Certificate in this regards in confirmation

of adequate strength and appropriate design as mentioned above from
any Authorized Government Dept./ agency or Govt. Engineering College/
Chartered Engineer as approved by MNRE.
ELECTRONICS AND PROTECTIONS
A. Maximum Power Point Tracker (MPPT) should be included to optimally use

the Solar panel and maximize the water discharge.
B. Controller for BLDC motor driven pumps, if required be used. The controller
must have IP54 protection or must be housed in a cabinet having at least IP
54 protection.
C. Adequate protections should be incorporated against dry operation of

motor pump set, lightning, hails and storms.
D. Full protection against open circuit, accidental short circuit and reverse
polarity should be provided.
E. EARTHING AND LIGHTNING PROTECTION:
a. Earthing: The array structure of the PV yard shall be grounded properly

using adequate number of earthing kits. All metal casing or shielding of
the pumping system shall be thoroughly grounded to ensure safety of the
solar pumping systems.

Page 73 of 128
b. 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.
Lighting & Over Voltage Technical Specifications

Parameters Specification
Diameter of pipe 1 ½ '' diameter
GI Spike 5 feet long
Earth Pit Maintenance free earthing
Colour Red/Blue/Black
Power Surges/ Lightning
Protection
Strikes
7. OTHER ACCESSORIES:
A. ON/OFF SWITCH: A good reliable switch suitable for DC use is to be

provided. Sufficient length of cable should be provided for inter-
connection of the PV array, Controller/ Inverter and the motor pump set.
B. The supplier should also provide Standalone Lighting system consisting

of 10 Watt solar panel with minimum efficiency of 14% and 10 years
guarantee,2 nos. of DC LEDs of 3 watt each and, USB Port facility for
mobile through solar panel panel and ON-OFF switch with DC Socket
(15A) for battery charging through the solar system.(Batteries will be
provided by the beneficiary if required at his own cost)
8. GUARANTEE
The PV Modules must be guaranteed 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 pumps shall be guaranteed for 5 years (10 years
for Solar panel). Required Spares for trouble free operation during the
Guarantee period should be provided along with the system..

Page 74 of 128
9. OPERATION AND MAINTENANCE MANUAL & MAINTENANCE DIARY
A. An Operation and Maintenance Manual, in Marathi language, should be

provided with the Solar PV Pumping System. The Manual should have
information about solar energy, photovoltaic, modules, DC 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 guarantee card for the modules and
the motor pump set should also be provided to the beneficiary.
B. It is mandatory for supplier to approve the draft of operation and

maintenance manual from MSEDCL.
C. 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.
10. NOTES
A. 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).
B. Moreover the entire system should be appropriately tested and certified

by the authorized Test Centres of the MNRE to meet the performance
and water discharge norms specified in Section - II above.
C. The Employer shall determine an appropriate Model (i.e. Capacity of PV

Array and Type of Motor Pump Set) as per site requirement.
11. COMPREHENSIVE OPERATION AND MAINTENANCE:
A. The Supplier should provide 5 years comprehensive maintenance of the

Solar Photovoltaic Water pumping system set, which shall include corrective
maintenance as well as routine service visits during guarantee period.
B. The service personnel of the Supplier shall make routine maintenance visits
monthly for the first year and quarterly thereon till the completion period of
comprehensive maintenance. The report has to be maintained. Apart from
the monitoring, regular periodical maintenance of system has to be done.
The report has to be maintained in a prescribed table format in a register
maintained at the site which should contain Month, Inspection Date, Action
taken against the Defects found in the System and Remarks of the

Page 75 of 128
representative of households along with signatures of both service Engineer

and the farmer/ beneficiary.
C. The deputed personnel shall be in a position to check and test all the
equipments regularly, so that preventive actions, if any, could be taken well
in advance to save any equipment from damage.
D. Normal and preventive maintenance of the Solar Photovoltaic Water

pumping systems such as cleaning of module surface, tightening of all
electrical connections, changing of tilt angle of module mounting structure,
cleaning & greasing of motor pump sets, changing filters etc. are also the
duties of the deputed personnel during maintenance visits.
E. During operation and maintenance period of the Solar Photovoltaic Water

Pumping Systems, if there is any loss or damage of any component due to
miss management or miss handling or due to any other reasons
pertaining to the deputed personnel, what-so-ever, the supplier shall be
responsible for immediate replacement or rectification. The damaged
component may be repaired or replaced by new component.
F. The maintenance shall include replacement of any component irrespective

of whether the defect was a manufacturing defect or due to wear and
tear.
G. Employer reserves the right to claim damages and Costs for non-fulfilment
of guarantee, apart from forfeiting the BG if any, in the event of
unsatisfactory maintenance.

Page 76 of 128
Annexure-II
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.)
Descripti
Model-III Model-IV Model-V Model-VI Model-VII Model-VIII
on
PV array 3000 Wp 3000 Wp 3000 Wp 4800 Wp 4800 Wp 4800 Wp
3 hp 3 hp 3 hp 5 hp 5 hp 5 hp
Motor submersib submersib submersib Submersib Submersib Submersib
capacity le with le with le with le with le with le with
controller controller controller controller controller controller
Shut Off
100 100 150
Dynamic 45 metres 75 metres 70 metres
metres metres metres
Head
105,000 63,000 42,000 100,800 67,200 45,600

litres per litres per litres per litres per litres per litres per
Water day from a day from a day from a day from a day from a day from a
output* total head total head total head total head total head total head
of 30 of 50 of 70 of 50 of 70 of 100
mtres mtres metres metres metres metres
 Water output figures are on a clear sunny day with three times tracking of Solar
Photovoltaic 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. For higher or lower head/ PV capacity, or in between various models; water

output could be decided as per the clause (0). (i.e. performance specifications
and requirements) specified earlier.
2. Module mounting structure shall be MS hot dipped galvanized, with a facility of

manual tracking at least three times a day.

Page 77 of 128
Annexure-III
Performance Testing:-
1. 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
opening of financial bid. Failing which his price bid shall not be opened & he
shall disqualify from further bidding process.
2. Performance test will be carried out by Bidder in presence of MSEDCL

representative. .
3. MSEDCL will identify the site for testing of Solar Water Pumping System.
4. MSEDCL 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 and standalone lighting system alongwith
complete set of Apparatus, Equipment, Battery, Mobile, LED Bulbs etc. in all.
Indicative Technical Specifications of Solar Deep well (submersible)
Pumping Systems: With D.C. Motor Pump Set.
Description Model-V Model-VIII

PV array 3000 Wp 4800 Wp
3 hp submersible with 5 hp Submersible with
Motor capacity
controller controller
Shut Off Dynamic
100 metres 150 metres
Head
45,600 litres per day
42,000 litres per day from
Water output* from a total head of 100
a total head of 70 metres
metres
 Water output figures are on a clear sunny day with three times tracking of solar
photovoltaic 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).
5. The result of performance test with ± 15 % variation in the above indicative

technical specifications will be accepted.

Page 78 of 128
SECTION - IX
FORM AND APPENDIX OF TECHNICAL AND PRICE PROPOSAL
1. Form of Technical Proposal and Appendix to Technical Proposal
Preamble:
This Part contents Invitation and Instructions to Bidders, is comprised of 11

parts:
A. Section - I, Bid Invitation
B. Section - II, Information and Instructions to Bidders,
C. Section - III, General Conditions of Contract
D. Section - IV, Special condition of Contracts
E. Section - V, Implementation Schedule and Process
F. Section - VI, Schedules of Prices and Schedule of Payments
G. Section - VII, Penalty for Delay
H. Section - VIII, Technical Specifications
I. Section - IX, Forms of Technical proposal and Price Proposal
J. Appendix – I to IX
K. Debar Policy of MSEDCL
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.

Page 79 of 128
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.

Page 80 of 128
Form of Technical Proposal

(On Bidder’s Letterhead)
To,
Maharashtra State Electricity Distribution Company Ltd.
Represented by the:
Chief Engineer(Infra),
Maharashtra State Electricity Distribution Co. Ltd. Prakashgad,
5thFloor, Prakashgad,
Prof. Anant Kanekar Marg, Bandra(East)
Mumbai 400051, India
Name of Contract: Empanelment and Rate Contract for Solar Ag Pump Project in
Maharashtra
Contract No: MSEDCL/ CE(INFRA)/ SPC/ MSKPY/ 2018-19/ T-03 Date:

05.03.2019
Sir:
We have examined the Conditions of Contract, Specifications, Schedules, and

Addenda Nos. and the matters set out in the Appendix hereto. We have understood
and checked these documents and have not found any errors in them. We
accordingly offer to DC Solar Photovoltaic water pumping systems of 3 HP & 5 HP
capacity at identified farmer’s site with provision of data transfer by Automated
Meter Reading (AMR) along with Water Discharge Reading directly to MSEDCL’s
Portal in districts of Maharashtra with guarantee period of 5 Years for off grid
solar pump system & 10 years for solar PV panels and standalone lighting system,
(hereinafter referred to as the contract of works) and as described in the Bidding
Document in Maharashtra State under single point responsibility “Turnkey
Contracts” as well as remedy any defects and guarantee the entire completed
facilities against any defects in materials, workmanship and equipment for period
specified in Bid Documents, after completion, fit for its purpose in conformity with
these documents and the enclosed Proposal.
We hereby declare that we accept all the terms, conditions, specifications

and all other matters set forth in sections (specified as below) and agree that these
will form a part of the Contract if we are selected for award of empanelment.
A. Section - I, Bid Invitation

B. Section - II, Information and Instructions to Bidders,
C. Section - III, General Conditions of Contract
D. Section - IV, Special condition of Contracts
E. Section - V, Implementation Schedule and Process

Page 81 of 128
F. Section - VI, Schedules of Prices and Schedule of Payments

G. Section - VII, Penalty for Delay
H. Section - VIII, Technical Specifications
I. Section - IX, Forms of Technical proposal and Price Proposal
J. Appendix – I to IX
K. Debar Policy of MSEDCL
We have submitted price bids for Tender No. MSEDCL/ CE(INFRA)/ SPC/
MSKPY/ 2018-19/ T-03 Date: 05.03.2019. 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,
Signature & Seal of company

.
in the capacity of duly authorized to sign bids for and on behalf of
Address:
..

Page 82 of 128
APPENDIX TO TECHNICAL PROPOSAL
Description Contract Data

Represented by the:
Employer's Name Chief Engineer (Infra),
and Address Maharashtra State Electricity Distribution Co. Ltd.,
Prakashgad, 5th Floor, Prof. Anant Kanekar Marg, Bandra
(East), Mumbai 400 051, India
Contractor's Name
(To be completed by the Bidder before the Bid is submitted)
and Address
Name and Address
of the Employer's The Superintending Engineer (O&M) of concerned Circle
Representative
The empanelment will for a period of 12 (Twelve) months

with further extensible for 3 (three) months with mutual
Period of
consent. Time is of the essence under this Contract. The
Empanelment
Works shall be completed 90 days from date of handing
over the work order / agreed milestone.
The defect liability period of the Solar Photovoltaic water

pumping system is 60 (Sixty) months, starting from the
Guarantee (Defects calendar month of actual commissioning of the Solar
Liability) Period Photovoltaic water pumping system. For Solar Panel the
guarantee is for 10 years. For standalone system , guarantee
of Solar Panel is for 100 years and other material 3 years.
The time stipulated for completion of works shall be the
essence of the contract. The contract period of Works of
"Design, manufacture, supply, transport, installation, testing
and commissioning of DC Solar Photovoltaic water pumping
systems of 3HP & 5HP capacity at farmer’s site with
provision of data transfer by Automated Meter Reading
(AMR) along with Water Discharge Reading directly to
MSEDCL’s Portal in districts of Maharashtra with guarantee
period of 5 Years for off grid solar pump system and 10
Contract Period years for solar PV panels” shall be 12 months from the
Commencement Date and it is extendable further up to 3
months, with mutual consent The guarantee period shall
begin immediately from the date of successful
commissioning and handing over of the Solar Water
Pumping System and shall remain in force for the period of
Sixty (60) months.
The contractor shall so organize his resources and perform
and complete the works within the aforesaid period.

Page 83 of 128
Upon successful completion of the Contractor’s obligations,

the Employer shall issue a Final Contract Completion
Certificate accordingly.
Within 14 days from the date of issue of the LOE , the
successful bidder shall sign the Form of Contract Agreement
Signing of the
on Stamp Paper (non-judicial) borne by the contractor as
Contract Agreement
per the rate specified in Maharashtra Stamp Act (Amended)
2013 issued in Maharashtra and return it to the Employer.
The successful bidder shall furnish the performance Bank
guarantee within 14 calendar days from the issue of the
LOA in the form of an unconditional and irrevocable Bank
Guarantee for an amount equal to 2.5% of the 25% value of
the total quantity of the Revenue Division where the agency
is empanelled calculated as per L-1 offer. (also referred as
Contract value in this document) denominated solely in
Indian Rupees payable and claimed at Mumbai issued
either by a Nationalized or Scheduled Bank located in
Maharashtra & acceptable to the employer and valid for the
period for 5 years initially and it is to be extended for
Performance bank further period till completion of guarantee period of last
Guarantee pump commissioned. At any time the value of PBG should
not be less than 5% of the value of executed works. In case
the PBG amount is less than 5% of the value of executed
works the agency will have to submit additional PBG so as
to make the total value of PBG at least equal to 5% of the
value of executed works.
After completion of guarantee of last commissioned pump,

Contractor/ Agency will submit performance Bank
Guarantee, for an amount equal to 2% of value of the
executed quantity for the further period of 5 years.
Liquidated
Damages for Delay As specified in section VII clause 1
Penalty for non-

attending
complaint/s during As specified in section VII clause 3
the guarantee
period of

Page 84 of 128
The dispute resolution committee shall be constituted with

Dispute Resolution
one member representing the bidder and the two members
Committee.
of MSEDCL (including one member from account dept).
In case the Dispute resolution committee fails to resolve the

Arbitration dispute, the matter shall be resolved by arbitration as
stipulated under the Arbitration Act 1996.
CHECK LIST OF DOCUMENTS TO BE ENCLOSED
Sr.
Name of Documents Attached Remark
No.
1. Bidder’s Information Sheet Appendix–I(A) Yes No
2. Firm’s Profile at a Glance Appendix–I(B) Yes No
3. Financial Status Appendix–I(C) Yes No
4. Annual Turnover Appendix–I(D) Yes No

Self-Certification of No Bar/ non-failure/ Yes No
5.
blacklisted Appendix–I(E)
Scan copy of Form of EMD/ Bid Security Yes No
6.
Appendix–II
Installation and performance credentials Yes No
7.
Appendix-IV
Experience for supply and commissioning of
8. Solar Photovoltaic Water pumping system Yes No
Appendix-V
Sample format of Joint venture agreement Yes No
9.
Appendix-VIII (If applicable)
Power of attorney in the name of the person Yes No
10.
authorized to sign Bid document
Receipt of Payment made by the bidder against Yes No
11.
the Bid Fees
Tender Document signed by bidder on each page Yes No
12.
along with Price Schedule Format.
13. Form of Technical Proposal Yes No
Bidder’s Signature:
(Seal)

Page 85 of 128
2. Form of Price Proposal and Appendix to Price Proposal (to be submitted

along with Price Schedule)
FORM OF PRICE PROPOSAL

(On Bidder’s Letter head)
To,
Represented by the:
Chief Engineer(Infra),
Maharashtra State Electricity Distribution Co.Ltd. Prakashgad,
Prof. Anant Kanekar Marg, Bandra(East),
Mumbai 400051,India
Maharashtra
Contract No: MSEDCL/ CE(INFRA)/ SPC/ MSKPY/ 2018-19/ T-03 Date:

29.12.2019.
Sir,
We have examined the Conditions of Contract, Specifications and Drawings,

Schedules, Addenda Nos. and the matters set out in the Appendix hereto. We have
understood and checked these documents and have not found any errors in them.
We accordingly offer to execute and complete and guarantee the said Works and
remedy any defects, fit for its purpose in conformity with these documents and the
enclosed proposal, for the rate as per Price Schedule (Appendix – IX) exclusive of
all the GST in accordance with the terms and conditions of the Contract. The above
amounts are in accordance with the Price Schedules herewith enclosed which form
a part of this bid.
We agree to abide by this bid until, 120 days after the date of opening of the
Technical Proposal, and it shall remain binding upon us and may be accepted at
any time before that date. We acknowledge that the Appendix to Price Proposal
and Appendix to Technical Proposal form part of our Bid.
.If our Bid is accepted, we will provide the specified Security Deposit,
commence the Works as soon as reasonably possible after receiving the Notice to
Commence, and complete the Works in accordance with the above-named
document within the time stated in the Appendix to Technical Proposal.
Unless and until a formal Agreement is prepared and executed, this Bid,
together with your written acceptance thereof, shall constitute a binding contract
between us.
We understand that you are not bound to accept the lowest or any bid you

Page 86 of 128
may receive. We are, Gentleman
Yours faithfully
Signature
Seal in the capacity duly authorized

to sign bids for and on behalf of
Address:

Page 87 of 128
APPENDIX TO PRICE PROPOSAL
Description Contract Data

Represented by the:
Employer's Name Chief Engineer (Infra),
and Address Maharashtra State Electricity Distribution Co. Ltd.
5th Floor, Prakashgad, Prof. Anant Kanekar Marg,
Bandra (East), Mumbai 400 051, India
Contractor's Name
(To be completed by the Bidder before the Bid is submitted)
and Address
Name and Address
of the Employer's Superintending Engineer (O&M) of Concerned Circle.
Representative
Foreign Currency Not applicable for this contract.
CHECK LIST OF DOCUMENTS TO BE ENCLOSED
Sr.
Name of Documents Attached Remark
No.
1. Form of Price Proposal & Appendix to Price Proposal Yes No
2. Price Schedule (Appendix – IX) Yes No
Signature of Bidder:

Page 88 of 128
APPENDIX- I (A)
BIDDER’S INFORMATION SHEET
To establish its qualifications to perform the contract the Bidder shall provide the
information requested in the corresponding Information Sheets included
hereunder.
Bidder’s legal name

Bidder’s country of constitution
Bidder’s year of constitution
Bidder’s legal address in country of
constitution
Bidder’s UIN No.
Bidder’s Copy of Constitution &
Memorandum
Bidder’s registration certificates for
GST and registration certificates under
the applicable PF and labour laws.
Bidder’s authorized representative
(Name, address, telephone numbers,
fax numbers, e-mail address)
Attached are copies of the necessary documents.
1
2
3
4
5
6
Signature of Bidder
Name
Designation
Company
Date:

Page 89 of 128
APPENDIX- I (B)
FIRM PROFILE AT A GLANCE
Sr.
Particulars Details
No.
1 Name & Mailing Address of firm
Contact Person Name, Designation &
2
Contact No.
3 E-mail Address for correspondence
4 Firm Website Address
Firm Status (Private/ PSU/
5
Incorporate/Proprietor)
6 Establish Year of firm
7 PAN/ TAN No.
8 Firm Registration No/ ROC
9 EPF Registration No, if applicable
10 GST/STR/ VAT/ TIN No
11 Bank name & contact No
Turnover 2015-16, 2016-17 and
12
2017-18 (in Crore Rs.).
13 Company Profile (<100 words)
Partner/ JV Firm details, if any (<100
14
words)
Factory Address & Floor Area of
15
factory
16 Net worth
Self Manufacturing facilities &
17 Capacity ( A list of machinery be
attached)
Outsourcing Item and Firm (Name &
18
Address of Indian/ foreign
19 Collaborator/s, if Any )
20 Own Testing facility
21 Skilled manpower
Dealer/ supply network in
22
Maharashtra
Experience in Solar Photovoltaic
23
Pump Commissioning (<100 words)
Experience in other solar projects
24
(<100 words)
25 Solar related Product Range
Guarantee, Maintenance & After Sales
26
Services (Years)
27 Accreditation (Own Firm)
28 Accreditation (Partner/ outsourcing

Page 90 of 128
Sr.
Particulars Details
No.
Firm)
29 List of ISI, ISO, other cert. for own firm
List of ISI, ISO, other cert. for partner/
30
outsourcing firm
Technical specification for solar
31
photovoltaic cell/ panel/ module
Technical specification for motor
32
pump sets
Technical specification for Junction
33
boxes
34 Technical specification for Controller
35 Technical specification for Cables
36 Other Technical specification, if any
Has any Govt./ Under - taking ever
37 debarred the company / firm from
executing any work?
38 Special Remarks, if any
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/
MSEDCL.
Signature of Bidder
Name
Designation
Company
Date:

Page 91 of 128
APPENDIX- I (C)
FINANCIAL STATUS
Each Bidder must fill in this form including private/ public limited company.
Sr. Financial Data for Previous 3
Particulars Years [Rs. in Lacs]
No.
2015-16 2016-17 2017-18
1 Total Assets
2 Current Assets
3 Total Liabilities
4 Long Term Loans
5 Current Liabilities*
6 Profits Before Taxes
7 Profits After Taxes
8 Net Worth [1-4-5]
Dedicated Revolving Line of Credit
9
(as per format)
Available Working Capital [2-5]+ [9]
10
Return on Equity [6/8 of previous
11
year]
Attached are copies of the audited balance sheets, including all related
notes, and income statements for the any three years of FY 2015-16,
2016-17 & 2017-18, as indicated above, complying with the following
conditions:
1. All such documents reflect the financial situation of the Bidder, and
not sister or parent companies.
2. Historic financial statements must be audited by a certified
12 accountant
3. Historic financial statements must be complete, including all notes to
the financial statements.
4. Historic financial statements must correspond to accounting periods
already completed and audited (no statements for partial periods
shall be requested or accepted).
5. As per International Accounting, Current Liabilities shall include loan
and other repayments due within one year.
6. If the bidder feels that its financial capacity is insufficient, bidder may
include with the bid a letter from a reputed bank, addressed to the
Chief Engineer (Infra), MSEDCL which describes the revolving line of
credit that the bidder is eligible for with the bank.
Applicant’s CA

Page 92 of 128
APPENDIX- I (D)
ANNUAL TURNOVER
Each Bidder must fill in this form including private/public limited company.
Annual Turnover Data for 3 Years of FY 2015-16, 2016-17 & 2017-18
Year Rs in Lacs.
2015-16
2016-17
2017-18
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.
Signature of Applicant Certified by Applicant’s CA
(Affix Stamp)

Page 93 of 128
APPENDIX- II
FORM OF EARNEST MONEY DEPOSIT/ BID SECURITY
(BANK GUARANTEE)
WHEREAS, _____________________________________ [Name of Bidder] (hereinafter

called “the Bidder”) has submitted his bid dated ______________ , for design,
manufacture, supply, transport, installation, testing and commissioning of DC Solar
Photovoltaic water pumping systems of 3HP & 5HP capacity at farmer’s site with
provision of data transfer by Automated Meter Reading (AMR) along with Water
Discharge Reading directly to MSEDCL’s Portal in districts of Maharashtra with
guarantee period of 5 Years for off grid solar pump system and 10 years for solar
PV panels, (hereinafter referred to as the contract of works) and as described in
the Bidding Data in Maharashtra State under single point responsibility “Turnkey
Contracts” basis under bid package number Bid No:
_____________________________________ (hereinafter called “the Bid”) for works
__________________________________________.
Know all people by these presents that We __________________________ [Name of

Bank] of [Name of Country] having our registered office at _______________________
(hereinafter called “the Bank”) are bound unto the Maharashtra State Electricity
Distribution Company Limited, Represented by The Chief Engineer (Infra),
Maharashtra State Electricity Distribution Co. Ltd., Prakashgad, 5th Floor, Prof.
Anant Kanekar Marg, Bandra (East), Mumbai 400 051 India (hereinafter called the
Employer) in the sum of Rs. __________________ (Rupees
________________________________________ only) for which payment well and truly to be
made to the said Employer. The Bank binds himself, its successors and assigns by
these presents. This guarantee will be payable at our branch office at
_____________________________________________ [Address of branch office at Mumbai,
Maharashtra], sealed with the Common Seal of the said Bank this _______ day of
_____________.
The conditions of this obligation are:
1) if the Bidder withdraws his Bid during the period of Bid validity specified in the
Form of Bid; or
2) if the Bidder refuses to accept the correction of errors in his Bid; or
3) if the Bidder is determined at any time prior to award of contract to have

engaged in corrupt or fraudulent practices in competing for the contract; or
4) if the Bidder, having been notified of the acceptance of his Bid by the Employer
during the period of Bid validity:

Page 94 of 128
a. fails or refuses to execute the Form of Contract Agreement in accordance

with the Instructions to Bidders, if required; or
b. fails or refuses to furnish the Security deposit, in accordance with the

Instructions to Bidders;
We undertake to pay to the Employer up to the above amount upon receipt of its
first written demand, without the Employer having to substantiate his demand,
provided that in its demand the Employer will note that the amount claimed by
him is due to him owing to the occurrence of one or all of the above conditions,
specifying the occurred condition or conditions.
This Guarantee will remain in force up to and including the date 120 days after
the deadline for submission of bids i.e. up to ________as stated in the Instructions to
Bidders Any demand in respect of this Guarantee should reach the Bank not later
than the above date.
Date
Signature of Bank’s authorized officer
Seal
Signature of Bank’s Second authorized officer
Seal

Page 95 of 128
APPENDIX- III
FORM OF PERFORMANCE BANK GUARANTEE
To,
Represented by the:
Chief Engineer (Infra),
Prof. Anant Kanekar Marg, Bandra (East),
Mumbai 400051,India
Maharashtra
Contract No: MSEDCL/ CE(INFRA)/ SPC/ MSKPY/ 2018-19/ T-03

Date:05.03.2019.
Whereas __________________________________________ [name and address of

Contractor] (hereinafter called "the Contractor") has undertaken, in pursuance of
Contract No. MSEDCL/ CE(INFRA)/ SPC/ MSKPY/ 2018-19/ T-03 Date: 05.03.2019
for Empanelment of works, to undertake design, manufacture, supply, transport,
installation, testing and commissioning of DC Solar Photovoltaic water pumping
systems of 3HP & 5HP capacity alongwith standalone lighting system at farmer’s
site with provision of data transfer by Automated Meter Reading (AMR) along with
Water Discharge Reading directly to MSEDCL’s Portal in districts of Maharashtra
with guarantee period of 5 Years for off grid solar pump system & 10 years for
solar PV panels, and 3 years for LED bulb, mobile / battery charging point
(hereinafter referred to as the contract of works) and as described in the Bidding
Data in Maharashtra State for works under the Solar Photovoltaic Ag 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

Page 96 of 128
Guarantee] _________________________________________ [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.
An amount to be inserted by the Guarantor, representing 2.5% of the 25% value of

the total quantity of the Revenue Division where the agency is empanelled
calculated as per L-1 offer and denominated in Indian Rupees as specified in the
Contract.
This guarantee shall be valid until the date of completion of the defects liability
period, with a claim period of further one month.
Yours truly,
Signature and seal of the Guarantor:
Name of Bank/Financial
Institution: Address: Date:

Page 97 of 128
APPENDIX- IV
INSTALLATION & PERFORMANCE CREDENTIALS
Experience for technical knowhow for maintenance and operation of Solar

Photovoltaic Water pumping system
Experience
Date
of Client’s
Name Contract Date of Present certificate
Sr. of Description start
Amount (in completion of Status of attached at
No. Client of work of
lac.) work Systems page No.
work
Signature of Bidder
Name
Designation
Company
Date

Page 98 of 128
APPENDIX- V
EXPERIENCE FOR SUPPLY AND COMMISSIONING OF SOLAR
PHOTOVOLTAIC WATER PUMPING SYSTEM
Year wise receipts/ Client’s

Supply
Sr. Name of Manufacturing expenditure on work certificate
No. component capacity Nos./ 2015- 2016- 2017- attached at
wp 16 17 18 page No. …
Signature of Bidder
Name
Designation
Company
Date

Page 99 of 128
APPENDIX- VI
FORM OF CONSENT FOR LOWEST MATCHING OFFER
To,
Represented by the:
Chief Engineer (Infra),
5th Floor, Prakashgad,
Prof. Anant Kanekar Marg, Bandra(East),
Mumbai400051, India
Maharashtra
Contract No: MSEDCL/ CE (INFRA)/ SPC/ MSKPY/ 2018-19/ T-03

Date:05.03.2019.
Confirmation for accepting empanelment by Matching Rates with Lowest Acceptable

Bidder:
We do hereby confirm
1. to accept the order at the lowest acceptable rate received against the individual
capacity in tender as mentioned in section – II Information and Instructions to
Bidders clause 0 (G)&(H).
2. to accept that any withdrawal of confirmation for order by matching rate within
validity of offer will render the entire offer invalid and shall be summarily rejected
and Earnest Money Deposit shall stand forfeited.
3. That I/we shall not be entitled to the benefit of offers by matching rates and will
not be considered for orders of his original offer is rejected on the ground of
ambiguity or because of not accepting/non compliance of the terms & conditions
of the tender.
4. That if any rate indicated along with the quantity under this clause, shall disqualify
me/us from the bidding process.
Signature of Bidder
Name
Designation
Date Company

Page 100 of 128
APPENDIX- VII
PRE-DISPATCH INSPECTION
 The material shall be dispatched by the supplier after inspection by the Officer,
MSEDCL at his premises and acceptance of the same.
 The supplier shall give pre-dispatch inspection notice before or at least 15 days
prior to the last date of supply of material.
 The material shall be supplied within 14 days from the date of inspection/
acceptance of material.
 The supplier will submit test report with regard conformity to technical
specifications for the items to be dispatched at site. However, equipments will
be dispatched only after the receipt of “Dispatch Clearance” from MSEDCL after
acceptance of test report.
 No consignment shall be dispatched without the receipt of dispatch clearance

from MSEDCL.
 The supplier shall supply all materials, tools, testing equipments, labour and
assistance of every kind which the inspecting officer may consider necessary
for any test or examination which he may require to be made on the supplier
premises without any extra charge.
 The supplier shall allow all reasonable facilities and free access to his works
and records to the Inspection Authority. The supplier shall, at his own expense,
afford to the Inspection authority all reasonable facilities as may be necessary
for satisfying himself that the goods are being and / or have been manufactured
in accordance with the contract requirements.
 The result of the inspection will be notified to the supplier by the Inspection
Authority.

Page 101 of 128
Pre-Dispatch Inspection Report

Name of Supplier: Order No. & Date:
Site of Inspection:-
Name of Suppliers Representative:-
Invoice No. & Date:-
Name of Inspecting Officer:- Date of Inspection:-
Details of Inspection:-
Sr. Capacity/
Items Selected Rejected Remark
No. Quantity
1 * PV Module
2 * Pump with Motor
Test Reports as per MNRE
3
Specification 2015-16
4 Operation Manual
5 Spares
6 Controller/ Inverter
7 Hardware for Data Logger
8 Necessary Switches
9 Cables
10 Connecting probes
11 Module Mounting Structure
* indicates that it is mandatory to attach the list of Serial numbers.
Name and Sign of Manufacturer Name and Sign of Inspecting

Officer

Page 102 of 128
APPENDIX- VIII
SAMPLE FORMAT
JOINT VENTURE AGREEMENT
(On Non-Judicial Stamp Paper of Rs.100/- value)

DEED OF JOINT VENTURE AGREEMENT TO BE EXECUTED BY THE MEMBERS
FOR EXECUTION OF
SOLAR AGRICULTURE PUMP PROJECT IN MAHARASHTRA STATE
This deed of undertaking executed this _ day of _____________ by M/s.

_____________________ having its Registered office at ____________________ (hereinafter
called the Member (1) which expression shall include its successors,
administrators, executors and permitted assigns) and M/s.
_______________________________________________ having its registered office at
____________________ (hereinafter called the Member(2) which expression shall
include its successors, administrators, executors and permitted assigns) in favour
of The Chief Engineer, (Infra), Maharashtra State Electricity Distribution Company
Ltd, (hereinafter called the Employer).
Whereas the Employer has invited Bids as per its Bid No. _________ , Tender No.
______________ , for works in _____________________.
AND whereas the bid documents stipulate that bidding is open to the Bidder who
possesses the requisite eligibility and experience as per instructions to Bidders
Clause No. 2 (including Sub- Clauses), Section-II forming part of the bid documents.
AND whereas the instructions to Bidders forming part of the Conditions of

Contract inter-alia stipulate that the Joint Venture Members must fulfil the
qualifying requirements and be jointly and severally bound unto and responsible
for the successful performance of the Contract in the event the Bid is accepted by
the Employer resulting in a “Contract”.
AND whereas M/s. ________________________________ & M/s. _______________________________

have jointly submitted the Joint Venture proposal to the Employer vide No.
___________ dated _________________ as per enclosed Power of Attorney signed by
legally authorized signatories of both the Members.
Now therefore this undertaking witnessed as under:
1. In consideration of the Award of Empanelment by the Employer we do hereby

declare and undertake that we shall be jointly and severally responsible and
bound unto the Chief Engineer, Distribution, Maharashtra State Electricity
Distribution Company Ltd, for the successful implementation and
performance of the characteristics as specified in the Contract to the

Page 103 of 128
satisfaction of the Employer.
2. In case of any breach of the Contract committed by us, we do hereby

undertake, declare and confirm that we shall be fully responsible for
successful performance of the Contract and undertake to carry out all the
obligations and responsibilities under the Contract in order to discharge the
obligations stipulated in the Contract.
3. Further, if the Employer suffers any loss or damage on account of any breach
of the Contract, we jointly and severally undertake to promptly indemnify and
pay such loss or damages to the Employer on its first written demand without
any demur, reservation, contest or protest in any manner whatsoever. This is
without prejudice to any rights of the Employer against the JV partners under
the Contract and/ or guarantees.
4. Without in anyway affecting the generality and total responsibility in terms of

this Deed, we hereby agree to depute technical experts from time to time to
the Employer’s project site (s) as mutually considered necessary by the
Employer and we, the JV members, to ensure proper design, manufacture,
supply, transport, installation & testing and successful performance of the
equipment under the said Contract in accordance with Contract specifications
and if necessary suitable measures to discharge the obligations under
Contract.
5. The Financial liability of the Members to Employer with respect to any and all
claims arising out of the performance or non-performance of the obligations
set forth in this Deed read in conjunction with the relevant provisions of the
Contract, shall, however, be limited to the extent of 100% value of the entire
scope of work as identified in the Contract. This is, however, without
prejudice to various financial liabilities and obligations in terms of the
Contract and this Deed. The Payment shall be made exclusively to such
registered Special purpose vehicle (SPV).
6. This Deed shall be construed and interpreted in accordance with the laws of
India and the Courts in ________________ city shall have exclusive jurisdiction in
all matters arising under this Agreement.
7. We, the Joint venture members, agree that this Agreement shall be
irrevocable and shall be an integral part of the Contract and further agree that
this agreement shall continue to be enforceable till the successful completion
of the Contract and till the Employer discharges it. It shall become operative
from the Starting date of the Contract.
8. We, the Joint venture members, will be fully responsible for the quality of all

Page 104 of 128
Equipment/ Components manufactured/ supplied and erected and if

necessary, their repairs or replacement for successful completion/
performance of “The Works” in terms of the Contract. A full description of the
respective roles, duties and responsibilities of each of the Members of this
Joint Venture is attached hereto as “Annexure”.
In witness whereof, the Joint venture members through their Authorized

Representatives have executed these present and affixed Common Seals of their
respective Companies, on the day, month and year first mentioned above.
For M/s. ____________________________________ (Partner 1)
Common Seal of ...............................................................
M/s.................................... (Signature of the authorized representative)
a. have been affixed in my/ our presence Name .......................................................... dated
Signature ................................... Designation............................................
For M/s ........................................................... (Partner 2)
Common Seal of ...............................................................
M/s. ................................... (Signature of the authorized representative)
have been affixed in my/ our presence Name.......................................................... dated
Signature................................... Designation.................................................

Page 105 of 128
MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LTD.
POLICY & PROCEDURE FOR DEBARRING OF

AGENCY FROM BUSINESS DEALINGS WITH MSEDCL
Page 106 of 128
INDEX
Sr.No. Topic
1 Preamble
2 Preface
3 Introduc on
4 Short tle and Commencement
5 Applicability
6 Objec ves
7 Scope
8 Defini ons
9 Grounds for Debarring
10 Competent Authority (CA) &
Appellate Authority (AA) for Debarment
11 Powers of Competent Authority (CA) &
Appellate Authority (AA)
12 Procedure
13 Period of Debarment
14 Consequences of Debarment
15 Withholding
16 Appeal against the Debarment order
17 Revoca on of Debarment Order
18 Interpreta on
19 Post Debarment Ac on
20 Amendments
Page 107 of 128

POLICY & PROCEDURE FOR DEBARRING OF AGENCY

FROM BUSINESS DEALINGS WITH MSEDCL
(…In addition to Tender and other conditions and relevant Law)
1. PREAMBLE
The purpose of this policy and procedure is to develop standard debar policy and procedure in
order to ensure par cipa on of reliable and honest bidders/contractors/vendors, etc.
2. PREFACE
In exercise of the power under Sec on 131, 133 and 134 of the Electricity Act, 2003 the
Government of Maharashtra by a No fica on dated 4th June 2005, (Ref. No. Reform
1005/CR/9061/NR G-5) formulated a Transfer Scheme where under the Maharashtra State
Electricity Board (MSEB) was trifurcated into separate genera on, transmission, distribu on
companies. As per the Transfer Scheme, the Maharashtra State Electricity Distribu on
Company Limited (MSEDCL) was designated as a Distribu on Licensee.
The main func ons and du es of Maharashtra State Electricity Distribu on Company Limited
are to acquire, establish, construct, take over, erect, lay, operate, run, manage, hire, lease, buy,
sell, maintain, enlarge, alter, renovate, modernize, work and use projects associated lines and
all things connected there to for the purpose of distribu on of power including sub- sta on, civil
works distribu on centre, cables, wires, lines, accumulators, plant, motors, meters, apparatus,
materials and to carry on the business of purchasing, impor ng, expor ng, trading or otherwise
dealing in Electric Power, to distribute and supply of electricity.
3. INTRODUCTION
MSEDCL deals with various Agencies like Turnkey Contractors/ Suppliers/ Service providers to
execute various projects. These agencies are repeated to perform, in le er and spirit of the
condi ons of Standard Bidding Documents and deliver in line with best corporate governance
prac ces. Learning from the past experiences, the new ini a ves were taken, to avoid delay in
execu on of works and to achieve further improvement in quality of the material and work.
Timely comple on of project, being the essence of any project, the progress with reference to
the agreed Milestone is con nuously monitored. The quality of material and work is checked at
different level by MSEDCL's officers and also by third party/independent agency. Necessary
ac ons as per General Condi ons of Contract (GCC) are taken against the contractor if the
progress is not achieved as per the agreed Milestone and/or if the quality is not maintained.
It is, however, observed that in spite of all this there are quite a few cases where a
contractor/agency either repeatedly failed to complete the projects as per agreed me
schedule or failed to rec fy some of the major defects no fied and failed to maintain quality of
material or con nued repea ng the same defects thereby viola ng the provisions of
tender/contract condi ons in le er and spirit.
Although, there is a provision in Standard Bidding Document (SBD) to ini ate ac on of

termina on against defaul ng Contractor/Agency/Vendor, there is no policy in existence for
debarring of such Contractor/Agency/ Vendor. Due to this, even if a Contractor/Agency/ Vendor
whose past performance is not sa sfactory or whose previous contract was terminated is
allowed to par cipate in new/fresh tenders.
(01)
Page 108 of 128

If such a contractor is again awarded a tender then it is possible that the awarded tender is
executed in a poor manner once again leading to delay in comple on of the project and/or the
quality of material and work ge ng suffered. It would be against interest of MSEDCL to deal
with such agency. In order to ensure compliance it requires debarring policy so that the
Contractor/Agencies/ Vendor perform the contractual obliga ons with good quality and
complete of the contract in mely manner. A need, therefore, is felt to assess and iden fy
Agencies on the basis of their performance and debar defaul ng Agency for a certain me
period from taking part in the future tendering process of MSEDCL. Further, as per the Office
Order No 18/3/05 dated 24th March, 2005, issued by Central Vigilance Commission (CVC), GOI,
the banning of business dealings with Agencies is an administra ve ma er to be decided by the
management of the organiza on and the CVC does not give its advice in such ma ers. In view of
this, MSEDCL has prepared this Policy and set the procedure for debarring of
Agency/Contractor from business dealings with MSEDCL a er referring the debar policies
adopted by few organiza ons like NTPC, WBPDCL, EIL etc.
4. SHORT TITLE AND COMMENCEMENT

The policy shall be called Policy and Procedure for Debarring of Agencies from business
dealings with MSEDCL. This policy and procedure shall have effect from 15/05/2018
5. APPLICABILITY
The policy shall be called Policy and Procedure for Debarring of Agencies from business
dealings with MSEDCL. This policy and procedure shall have effect from 15/05/2018
6. OBJECTIVES
Various agencies are expected to prac ce and adopt best governance prac ces, so that
contract and bidding documents condi ons are adhered to, in le er and spirit. The purpose
of this policy is to formulate a procedure for debarring of business dealing with agencies
where they are found to commit lapses /defaults/ offences or anything unethical not
expected from an agency.
7. SCOPE
7.1 MSEDCL reserves its right to debar any Agency from any business dealings with it, if
such Agency is found to have commi ed decep on, fraud or misconduct or any other act
which is not in the interest of MSEDCL in the execu on of contracts awarded or any of its
ac on(s) fall into any such categories as laid down in this policy.
7.2 The procedure for Debarring of Business Dealing with any Agency including withholding
has been laid down in this policy.
7.3 The provisions of this Policy is in addi on and will have overriding effect on all earlier
policy, procedures & system circulars issued for the similar purpose from the date of this policy.
7.4 The provisions of this policy will be effec ve on inves ga ons conducted or
misconduct/irregulari es no ced on the part of any Agency in all contracts awarded on or a er
the date of implementa on of this policy.
(02)
Page 109 of 128

8. DEFINITIONS
In this policy, unless the context otherwise requires :
8.1 Agency shall mean Contractor / Supplier / Purchaser / Bidder/ Vendor/ MSEDCL approved
sub-contractor of a Contractor to whom work has been awarded. It shall include, but not limited
to, a public limited company or a private limited company, a firm whether registered or not, a
proprietorship, any individual, a coopera ve society or an associa on or a group of persons
engaged in any commerce, trade, industry, or cons tuents of an unincorporated Joint Venture
Company, etc.
8.2 Bid / Tender shall mean an offer, proposal or quote for goods, services or works in response
to solicita on issued for such goods, services or work by MSEDCL.
8.3 Competent Authority' and 'Appellate Authority' shall mean the following :
a) For Contracts awarded from Corporate Office ( CE & Above)
For Purchase Order (LOA) value up to & below 10 Cr., the Director (Project) / Director
(Opera on) shall be the 'Competent Authority' for the purpose of this policy. The Chairman &
Managing Director (CMD) shall be 'Appellate Authority' in respect of such cases.For Purchase
Order (LOA) value above 10 Cr., the Chairman & Managing Director (CMD) shall be the
'Competent Authority' for the purpose of this policy. The Board of Directors shall be the
'Appellate Authority' in respect of such cases.
b) For Contracts awarded from the Regional offices (RD) and Zonal offices (CE)
For Purchase Order (LOA) value up to & below 10 Cr., the Director (Project ) / Director
(Opera on) shall be the 'Competent Authority' for the purpose of this policy. The Chairman &
Managing Director (CMD) shall be 'Appellate Authority' in respect of such cases. For Purchase
Order (LOA) value above 10 Cr., the Chairman & Managing Director (CMD) shall be the
'Competent Authority' for the purpose of this policy. The Board of Directors shall be the
'Appellate Authority' in respect of such cases.
c) For Contracts awarded from the Circle offices (SE)
The Regional Director shall be the 'Competent Authority' for the purpose of this policy. The
Director (Project) / Director (Opera on) shall be 'Appellate Authority' in respect of such cases.
d) For Contracts awarded from the Division offices ( upto EE)
The Field Chief Engineer shall be the 'Competent Authority' for the purpose of this policy. The
Regional Director shall be 'Appellate Authority' in respect of such cases.
8.4 Enquiring Commi ee' (EC) shall mean the following :
a) Enquiring Commi ee at Corporate Office / For Contracts awarded from Corporate Office
& Regional offices
The Commi ee cons tuted for the purpose of these policy & comprising members from
Technical / MMC, Finance / Audit and Legal department. Addi onal member(s) from any other
department/field as considered appropriate may also be co-opted on case to case basis. The
level of the commi ee members shall be Chief Engineer or above. Preferably, the members of
Enquiring Commi ee shall include the CE (Distribu on) or CE (Infra) or CE (MMC), CGM (I/A or
C/F), Legal Adviser or CLA.
(03)
Page 110 of 128

b) Enquiring Commi ee at Regional Office / For Contracts awarded from the Circle offices
The Commi ee cons tuted for the purpose of these policy and comprising members from
Technical/Project, Audit and Legal department. Addi onal member(s) from any other
department/field as considered appropriate may also be co-opted on case to case basis. The
level of the commi ee members shall be Superintending Engineer or above. Preferably, the
members of Enquiring Commi ee shall include the SE (Opera on) or SE (Infra) at Regional
Office, GM (F&A), concern Legal Adviser or Dy LO.
c) Enquiring Commi ee at Zonal Office / For Contracts awarded from Division offices The
Commi ee cons tuted for the purpose of these policy and comprising members from
Technical/Project, Audit. Addi onal member(s) from any other department/field as considered
appropriate may also be co-opted on case to case basis. The level of the commi ee members
shall be Execu ve Engineer or above.Preferably, the members of Enquiring Commi ee shall
include the SE (O &M) of other Circle or SE( Infra), AGM (F&A), Dy or Assist. Legal Officer.
8.5 Debarring : Business dealings with an agency may be debarred if it is considered not
desirable to con nue the business with the agency. It means ac on taken by the Competent
Authority/ Appellate Authority pursuant to this policy prohibi ng agency from directly or
indirectly performing any work for or otherwise par cipa ng in MSEDCL bid/ tender including
to prohibit agency from submi ng a bid, having a bid considered, or entering into any work/
contract during a specified period of me as set forthin debarment order.
8.6 Purchase Order Issuing Authority(LOA) '&' Vender Approving Authority (VA) : Shall mean
the person(s) designated to act for and on behalf of MSEDCL for the discharge of his du es in
execu on of the Work/ Project/ Job/ Role, and shall include but not limited to the Regional
Director(s), Execu ve Director(s), Chief Engineer(s), Superintending Engineer(s), Execu ve
Engineer(s), etc.
9. GROUNDS FOR DEBARRING

9.1 Debarring from business dealings can be ini ated against the Agency if involved or
commi ed any of the following misconduct/ irregulari es :
a) The Directors, Proprietors, Partners, Employee(s) or owner of the agency have been either
jointly or severally guilty of malprac ces such as fraud including but not limited to submission of
fake or forged documents/ cer ficates/ guarantees, subs tu on of tenders, etc. in rela on to its
business dealings with the Government or MSEDCL, during the last five years.
b) The business dealings with the agency have been debarred by any Ministry of GoI/GoM and
s ll in force.
c) The agency is found to have been in default in paying any dues resul ng in incurring financial
loss to the MSEDCL by virtue of an order and/or direc on of any Statutory Authority or Court or
Arbitra on, etc for making such payment in respect of the agency concerned.
d) The agency is repeatedly found to be non performing in execu on of 3 (three) or more
contracts and/ or in rec fica on of cri cal/major defects as specified in annexure -C, pointed
out by MSEDCL or any person authorized by MSEDCL, in last 5 (five) years.
Competent Authority is expected to proceed with due care and responsibility before debarring
any bidders/contractors/venders as it is a dras c step to be taken against the Firm /Person.
The grounds given above are only illustra ve and not exhaus ve. The Competent Authority may
decide to debar an Agency according to the seriousness of the ground.
(04)
Page 111 of 128

9.2
a) The Competent Authority shall decide depending upon the level of severity in defaults from
the agency, the period of debarring. In case of major lapses and a criminal or fraudulent type of
issues involved therein, the First Informa on Report (FIR) to Police Department shall be lodged.
b) If any one or more Partner/ Directors of any debarred Agency firm promotes or forms a new
contrac ng firm or a sister-concern firm of the said debarred Agency, then it shall also be
considered as a debarred firm.
10. COMPETENT AUTHORITY (CA) & APPELLATE AUTHORITY (AA) FOR
DEBARMENT
Considering the above men oned grounds for Debarring from business dealings can be
ini ated against the Agency, a er due scru ny by the Purchase Order issuing authority (LOA) or
Vender Approving Authority (VA) and shall serve upon the 'Show Cause No ce' for Debarring of
the Agency a er termina on of contract is effected. For the purpose of debarment, the powers
delegated to the following designated officers of MSEDCL as Competent Authority (CA) and as
Appellate Authority (AA) for debarring of business dealings with the accused Agency. The
Process Flow Chart of Debarring of Agency is enclosed at Annexure - B
Sr. Purchase Order Issuing Enquiring Competent Authority Appellate Authority for
No. Authority (LOA)& Vender Commi ee for Debarring (CA) Debarring (AA)
Approving Authority (VA) (EC)
1 Upto Execu ve At Zone Office Chief Engineer (O&M) Regional Director (RD)
Engineer (EE)
2 Superintending At Regional Regional Director (RD) Director(Project)/
Engineer (SE) Director Office Director (Opera on)
3 Regional Director & At Corporate
Chief Office (below Director(Project)/ Chairman & Managing
Engineer (O&M) / 10 Cr.) Director (Opera on) Director (CMD)
4 And all Orders from At Corporate Chairman & Managing BOARD OF DIRECTORS
Corporate Office Office (above Director (CMD)
10 Cr.)
11. POWERS OF COMPETENT AUTHORITY AND APPELLATE AUTHORITY

a) To inves gate the ma er in connec on with the allega on of corrupt, fraudulent,
coercive or collusive prac ces or illegal prac ce of agencies.
b) To ensure mely and expedi ous disposal of proceedings of debarment.
c) Seek advice or opinion on specific issues.
12. PROCEDURE
The Purchase Order Issuing Authority(LOA) or Vendor Approving Authority (VA) of the
concerned department on no cing any misconduct and/or irregulari es as men oned in
clause 9.1 above, shall serve upon the ' Show Cause No ce for Debarring ' a er termina on or
closing of contract(s) sta ng therein the facts/ reasons containing the allega on of misconduct
or irregulari es and the period of 14 days to be afforded to the agency to present their
statement/ submission in the form of reply in response to Show Cause No ce.
(05)
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In the event, non receipt of reply from the agency within the s pulated period, ac on as
proposed will be proceeded with and no representa on/submissions therea er will be
accepted. In each case, copy of service return of no ce be kept and a confirmatory document
through electronic mode is sine qua non.
a) The Purchase Order Issuing Authority (LOA) or Vendor Approving Authority (VA) shall
submit the duly recommended detailed proposal of debarring of Agency to the Competent
Authority (CA) along with Show cause no ce and reply, if any and parawise jus fica on to the
reply to the Show Cause No ce submi ed by the Agency, if any for considera on and order.
b) The Competent Authority (CA) shall scru nize, the proposal and depending on merit of the
case and a er examining the material on record shall decide to proceed for enquiry or to close
the case. In the event of exonera on of the Agency from debarring, the decision shall be
conveyed to LOA or VA issuing authority and subsequently it shall be informed to Agency.
c) If the Competent Authority (CA) arrives at the decision to proceed in the ma er then the
complete case shall be handed over to the Enquiring Commi ee (EC). The Enquiring Commi ee
shall in detail examine the materials on record, conduct the hearing and decide the case as per
the principle of natural jus ce.
During the process of hearing, only the authorized representa ve of Agency will be permi ed to
represent the Agency and no Legal prac oner / Advocate shall be allowed to plead the case on
its behalf.
d) The Enquiring Commi ee shall submit its Report along with detailed findings within 30
daysto the Competent Authority (CA). The Competent Authority (CA) shall pass an appropriate
order a er examining the material on record.
e) The decision of the Competent Authority (CA) shall be in the form of Reasoned Order, the
period for which the debar would be opera ve shall be men oned in the order and the same
shall be communicated to the LOA or VA issuing authority.
f) The Purchase Order Issuing Authority (LOA) or Vendor Approving Authority (VA) shall then
communicate the decision of debarring of business dealings along with the order of Competent
Authority (CA) to the Agency.
g) The procedure for debarring shall be completed within a period of three months from
ini a on of case by concerned authority.
The Reasoned Order shall be communicated to the agency at its recorded address available with
MSEDCL within 15 days of order issued by Registered post. In addi on to it, the copy shall
preferably be sent on the registered Email address of the Agency.
13. PERIOD OF DEBARMENT

The period for which an agency is debarred shall clearly be men oned in the order. Period of
debarment of business dealings shall be decided by the Competent Authority in exercise of its
power delegated and would depend upon the seriousness of the cause. Debarment shall be up
to the maximum period of five (5) years. Provided further that in case the
informa on/documents submi ed by the agency is found to be false/forged at any point of
me, MSEDCL shall have a right to recover from the agency the cost incurred in carrying out
physical assessment for establishing veracity of such informa on/document including a penalty
decided by the Enquiring Commi ee.
(06)
Page 113 of 128

If the agency fails to reimburse such cost and penalty to MSEDCL, the debarment period of the
agency may be extended by the Enquiring Commi ee which shall not in any case exceed more
than two (2 ) years but in any cumula ve period for debarring the Agency shall not exceed five
(5) years, in excep onal cases such period shall be up to five (5) years and the cumula ve period
for debarring of agency in such cases shall not exceed ten (10) years.
14. CONSEQUENCES OF DEBARMENT

Upon issuance of the order of debarment of an agency from future business dealings with
MSEDCL, the debarred agency along with its Joint Venture Partner Firm shall not be allowed to
par cipate in any future tender/s, during the debarred period. Further, in case the agency has
already par cipated in the tender process and the price bid is not opened prior to issuance of
the order of debarment of business dealings, its Techno Commercial Bid shall be rejected and
Price Bid shall not be opened.
In the event the Price Bid of the par cipa ng agencies has been opened and the agency against
whom the order of debarment of business dealings has been issued, the bid of the debarred
agency shall be rejected even if he is found to be successful bidder, considering the agency as
disqualified.
Provided the order of debarment of business dealings issued against any agency shall not
override the rights of the debarred agency already engaged in execu ng any other contract(s)
ll its comple on.
15. WITHHOLDING
The Competent Authority (CA) may, depending on the severity of the case, withhold the
business dealing with the agency ll the report given by the Enquiring Commi ee from the date
of ini a on of proposal of debarring.
16. APPEAL AGAINST THE DEBARMENT ORDER

The Process Flow Chart of Appeal procedure against the Debarment Order is enclosed at
Annexure - C
a) The Agency, aggrieved by the order of debarment, may prefer an appeal before the Appellate
Authority (AA), against the order of the Competent Authority (CA) specifying the grounds of
appeal along with necessary documents.
b) Such appeal shall be filed within one month from the date of receipt of the order of
debarment of business dealing. The agency shall represent their case through authorized
representa ve of its agency, and no service of legal prac oner shall be adopted.
c) Purchase Order Issuing Authority (LOA) or Vendor Approving Authority (VA) shall submit all
the original papers of the debar case to Appellate Authority (AA), along with the jus fica on on
points raised in appeal by debarred Agency.
d) Appellate Authority shall admit the appeal and decide the appeal within 45 days from the
filing of appeal. The agency may file any addi onal document/evidence before the Appellate
Authority, if Appellate Authority permits.
(07)
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e) Appellate Authority shall pass appropriate Reasoned Order on appeal and communicate
decision to the Purchase Order Issuing Authority (LOA) or Vendor Approving Authority (VA)
through the Competent Authority (CA). LOA or VA Issuing Authority will then communicate
appeal order to the Debarred Agency.
No appeal shall lie to the Appellate Authority against the final order of the competent authority
pursuant to the wri en consent of the agency.
Awai ng the decision of the competent authority, the debarring order passed by the competent
authority shall remain effec ve ll Appellate Authority takes a final decision in the ma er.
The order of the Appellate Authority is final and binding.
17. REVOCATION OF DEBARMENT ORDER

The order for debarment passed for certain specified period shall be deemed to have been
automa cally revoked on expiry of the specified period and it will not be necessary to issue a
specific formal order of revoca on.
An order of debarment for the reasons men oned above may be revoked if accused has been
wholly exonerated by Court of Law.
18. INTERPRETATION
The competent authority shall be responsible for the administra on, interpreta on, applica on
and revision of this policy. The policy will be reviewed as and when needed.
19. POST DEBARMENT ACTION

The Competent Authority (CA) ensure the following :
a) Hos ng at MSEDCL Website: The name of the Agencies with whom Business Dealings have
been debarred shall be hosted at MSEDCL website by HO-IT Department, a er confirma on of
Debarment of the Agency.
b) The Competent Authority shall ensure that the names of the debarred agency along with
the names of Director, JV Partner, Owner of the debarred Agency is displayed on the MSEDCL
website.
c) The cancella on is ac vated for Online Login for e-Tendering website of MSEDCL for the
debarred Agency Firm during the period of debarment.
d) Copy of the order of debarring of the Agency shall be conveyed to all U li es in India and
Financial Ins tu ons viz; REC, PFC, etc. and Ministry of Power of both GOM and GOI.
20. AMENDMENTS
MSEDCL may introduce modifica on here to through the amendment of its specific provision as
the need arises and the amendment to this policy shall be applicable to the ongoing contract as
well future contract.
(08)
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ANNEXURE : A
QUALITY OF INSTALLATION (WORKMANSHIP)
DEFINITION OF DEFECT CATEGORIES

Defects shall be categorized into broad three types. All types of defects reported in the field shall
fall in one of these categories.
1) Cri cal defects

2) Major defects
3) Minor defects
CRITICAL DEFECTS :
These defects must be rec fied before charging. Cri cal defects are those which endanger life
and property. Dangerous deficiencies on safety, ground clearances, equipment earthing and
protec on would come this category. These are defects in presence of which the Electrical
Inspector would not allow charging of the electrical installa on. That is, if equipment are
already energized, it should be de-energized and rec fied without delay. If cri cal equipment
like distribu on transformer HT and LT line have been installed dangerously, the defect type
would fall under cri cal category of defect.
Example : LA is not connected, DT neutral earth is missing, Earth electrodes not installed,
Ground clearance not as per IE rule, Oil level low in transformer.
MAJOR DEFECTS :
These defects must be rec fied before opera onal handover (to Opera on and Maintenance
wing). These are major devia ons from drawing and specifica on. These are serious devia on
with respect to contract. The electrical installa on can be charged temporarily. However, the
defects should preferably be rec fied before charging.
Example : Pole not pitched at proper depth, Brick-bats / founda on inadequate, use of
undersized earth wire, precariously loose electrical connec ons and mechanical fi ng.
MINOR DEFECTS :
These defects are very minor in nature. Such defects in electrical installa ons keep surfacing
during opera on and maintenance. The installa on may be charged with these defects.
However they must be rec fied
Example : Danger board not proper, energy meter not installed before contractual handover
(before final payment is released and contract is closed), missing barbed wire, stay wire loose,
loose fasteners, vegeta on too close to HT / Lt line.
Note :
1) These defects are broad in nature. Actual field defects need to be defined more accurately by
inspectors.
2) All pictures depic ng defects should be numbered. Their number men oned in the report
shown in the table
3) A village infrastructure schema c (single line diagram) showing DTRs, HT and LT poles duly
numbered by the inspector shall be submi ed along with the report. Their number shall be used
to describe loca on of defects for PIA to rec fy.
(09)
Page 116 of 128

ANNEXURE : B
PROCESS FLOW CHART OF DEBARRING OF AGENCY / VENDOR
Agency /Contractor Vendor
Purchase Order Issuing Vender Approving

Authority (LOA) … terminate Authority (VA) ....Cancel
business dealings & issue the Vender Approval and issue
Debar Show Cause No ce to Debar Show Cause No ce to
Agency vendor
Reasoned order from Withhold Business

CA for Exonera on, if Dealing with Agency
granted, to close case ll Debar Order passed
Competent Authority (CA)

Receipt of Debar Proposal along
with Reply to Show Cause No ce
Member
from
Technical
Member Enquiring Commi ee (EC)

from F&A
Dept. (Scru ny, hearing, if required)
Member from
Legal Cell
Enquiring Commi ee (EC)

….Reasoned order
ACTIONS AFTER DEBARRING OF AGENCY / VENDER

Upda ng on MSEDCL Website
Cancella on of Online Login to E-Tendering site
Inform to all U li es in India, REC,PFC & Ministry
(10)
Page 117 of 128

ANNEXURE : C
PROCESS FLOW CHART OF APPEAL AGAINST DEBARMENT ORDER

OF AGENCY / VENDOR
Appeal Order Debarred Agency Appeal Proposal
Purchase Order
Issuing Authority Appellate Authority
(LOA) or Vender (AA) …Admit the
Approving Authority Appeal, …Remand all
(VA) ….Submit all original original papers of Debar
papers of Debar case Case from PO/WO or VA
…Communicate final
appeal order to Agency
Appeal Proceeding by AA
(Scru ny, hearing, if required)
Reasoned order by AA
Competent Authority (CA)

….Decision of AA convey to LOA
(11)
Page 118 of 128

Maharashtra State Electricity Distribu on Co. Ltd.

Prakashgad, Plot No. G-9 Anant Kanekar Marg, Bandra (E), Mumbai - 400 051
Website : www.mahadiscom.in
Toll Free Number : 1800 200 3435 / 1800 233 3435 / 1912
For your feedback please mail us at : msedcl@mahadiscom.in
Page 119 of 128

Price Schedule
(On Bidder’s Letter Head)
Name of project: 'Mukyamantri Sour Krushi Pump Yojana' in Maharashtra
Tender No.: MSEDCL/CE(INFRA)/SPC/MSKPY/2018-19/T-03 Date:02.03.2019
Empanelment of Vendors and Rate Contract for DC Solar Photovoltaic Water Pumping System with reading & recording facility as per scope.
Bidders Quote Details
Defination
3 H.P. D.C. - Design, Manufacture, Supply, Transport, Installation, Testing and Commissioning of DC Solar Photovoltaic Water Pumping Systems of 3.0 HP Capacity with a Reading and Recording Facility at the Project
Sites of Identified Farmers in Districts of Maharashtra with Guarantee period of 5 Years. Solar PV Panels to be guaranteed for 10 years alongwith Stand alone lighting system & its guarantee. (Complete scope as per
tender is to be considered)
5 H.P. D.C. - Design, Manufacture, Supply, Transport, Installation, Testing and Commissioning of DC Solar Photovoltaic Water Pumping Systems of 5.0 HP Capacity with a Reading and Recording Facility at the Project
Sites of Identified Farmers in Districts of Maharashtra with Guarantee period of 5 Years. Solar PV Panels to be guaranteed for 10 years alongwith Stand alone lighting system & its guarantee. (Complete scope as per
tender is to be considered)
Price Bid Format

Quoted Percentage (Above / Below)
Unit FORD rate excluding
Revenue Division Head Quarter Pump Capacity Tender Quantity Offered quantity (Nos.)
taxes (Rs. Lakhs.) % quote in figure % quote in words
(1) (2) (3) (4) (5) (6) (7)
3 H.P. D.C. 12000 1.46
Nagpur
5 H.P. D.C. 3000 2.20
3 H.P. D.C. 12000 1.46
Amravati
5 H.P. D.C. 3000 2.20
3 H.P. D.C. 32000 1.46
Aurangabad
5 H.P. D.C. 8000 2.20
3 H.P. D.C. 12000 1.46
Nashik
5 H.P. D.C. 3000 2.20
3 H.P. D.C. 8000 1.46
Pune
5 H.P. D.C. 2000 2.20
3 H.P. D.C. 4000 1.46
Konkan
5 H.P. D.C. 1000 2.20
Details of Applicable taxes:
Note:
1. The unit rates are exclusive of taxes. The applicable Taxes with rate and details shall be mentioned with Government Notification.
2. If any difference is found in "Offered Quote Percentage” mentioned in words & figures as above, the lowest mentioned quote will be taken as Quoted Price. Percentage is to be quoted for pumps and standalone
system seperately.
3. The bidder who has quoted the lowest percentage shall be declared as the prefereed bidder for the respective revenue division.
4. The bidder has to offer his maximum quantity of 3 HP & 5 HP each. However the minimum offered quantity for each capacity of pump shall not be less than 20% of the quantity of respective Capacity. The bidder can
quote for one or more regions. The bid not satisfying these criteria shall be treated as non-responsive.
5. The MSEDCL reserves the rights to change the quantity as mentioned in the tender, Section-II “INFORMATION AND INSTRUCTION TO BIDDERS" at the sole discretion.
6. If bidder has to quote below percentage, (-) sign is to be used. While quoting, the bidder has to consider the scope of contract as mentioned in the Tender.
7. It is to certify that input tax credit has been considered while quoting above offer. Als, any additional tax credit available to us after submission of offer will be passed on to MSEDCL.
Seal & Signature of the bidder

Designation
Company
Date
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LIST OF SERVICES
SR. ACTIVITY MATERIAL
SERVICE NAME UOM SAC CODE REQ. QTY VERSION
NO. NUMBER TYPE
Turnkey Contract for SO.5HP/3HP Activity

1 9954 100000 - null
Inst. offGrid SOLAR PMP unit
Page 127 of 128

Required Documents (To be uploaded online)
SNO NAME SECTION ITEM DESCRIPTION
Turnkey As per Appendix-IX Price Schedule Solar Pump

1 Appendix-IX Price Section
Contract for 1,00,000 nos.
Technical Turnkey As per Checklist of Tender document for 100000
2 Tender document
Section Contract for Solar Pump Tender T-03 except
Commercial As per Checklist of Tender document for 100000
3 Tender document
Section Solar Pump Tender T-03 except
Page 128 of 128

Maharashtra State Electricity Distibution Co. LTD.: NA NA

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MSKPY/2018-19/T-03 Version-8

Maharashtra State Electricity Distibution Co. Ltd.

Tender Details 27-05-2019 06:10:24

Estimated Cost Inclusive of GST (In Lakhs) 160800

Delivery Requirement (In Months) NA

Tender on rate contract basis NO

Due date of submission up-to 07-06-2019 15:00

Minimum % of Offered quantity NA

MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY

(A Government of Maharashtra Undertaking)

Tender Reference No.

Chief Engineer (Infra)

Mukhyamantri Sour Krushi Pump Yojana 2|P a g e

Mukhyamantri Sour Krushi Pump Yojana 3|P a g e

The Maharashtra State Electricity Distribution Company Ltd. (MSEDCL),

2. Brief description of the Bidding Process:

a. The Chief Engineer (Infra), on behalf of MSEDCL (the Employer), invites

c. Bidder shall not upload financial/price bid in technical bid documents.

d. In terms of the tender Document, a Bidder will be required to deposit,

Mukhyamantri Sour Krushi Pump Yojana 4|P a g e

e. MSEDCL will open the technical bid of the Bidder, by e-tendering

Mukhyamantri Sour Krushi Pump Yojana 5|P a g e

of the 25% value of the total quantity

2. Eligible bidders can up load the Bids through e-tender portal of

Mukhyamantri Sour Krushi Pump Yojana 6|P a g e

The Scope of contract is as below:

A. The total nos. of Solar AG Pumps is 1,0,0000 nos. to be installed in all

B. Design, manufacture, supply, transport, installation, testing and

C. Provision of Standalone Lighting system consisting of 10 Watt solar panel

D. Provision of data transfer by Automated Meter Reading (AMR) along with

Mukhyamantri Sour Krushi Pump Yojana 7|P a g e

E. Free replacement of defective components of Solar Photovoltaic water

F. Detailed execution Plan for smooth implementation of project.

G. Selected Bidder (s) shall be bound by operation and management

H. Risk liability of Contractor’s personnel associated with implementation and

I. The selected bidder(s) shall maintain inventory of the Solar Photovoltaic

J. MSEDCL Toll free number will be provided to the beneficiary for

Mukhyamantri Sour Krushi Pump Yojana 8|P a g e

deemed to be included in bidder’s scope irrespective of whether it is

P. Bidder should note that obtaining permissions from statutory bodies

R. The Comprehensive insurance of Solar Photo Voltaic Water Pumping System

B. Qualification requirement of the Joint Venture (JV)/ Consortium as a Special

i. Special Purpose Vehicle of Joint venture or Consortium formed by

ii. Joint Venture or a Consortium must be registered under applicable

i. The Bidder participating individually shall not be allowed to form

ii. One Entity shall form only one Joint venture.

iii. Either or both the partners in Joint Venture should have

E. Bidders who are debarred by State/ Central nodal agencies, Govt.

a. Bidder should have successfully commissioned at least 500 nos. of Off-

b. In case of Special Purpose Vehicle (SPV) of Joint Venture (JV)/

Mukhyamantri Sour Krushi Pump Yojana 10 | P a g e

c. Bidder's experience should be in supply, installation, commissioning

d. The experience anywhere in India shall be taken into consideration and

e. The total experience of solar pumping systems shall be taken into

f. In case of parental or 100% subsidiary company, the experience of

In case of Special Purpose Vehicle (SPV) of Joint Venture (JV)/ Consortium

[Certified copies of the annual returns submitted to the ‘Registrar of

b. In case of Special Purpose Vehicle (SPV) of Joint Venture

Mukhyamantri Sour Krushi Pump Yojana 11 | P a g e

c. Appendix-I(C) & Appendix-I(D) duly certified by registered CA to be

a. Bidder should have Test Certificate of the highest tendered model in

e. If Solar Pump System is approved by a test lab with the particular

Mukhyamantri Sour Krushi Pump Yojana 12 | P a g e