00. FRONT COVER-1nhdcindia.com/download/13_TenderDoc_1028.pdfDISTT. KHANDWA (M.P). SR. MANAGER (P &...

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N H D C LIMITED (A JOINT VENTURE OF NHPC LTD. & G OVT. OF MP)

IIINNNDDDIIIRRRAAA SSSAAAGGGAAARRR PPPOOOWWWEEERRR SSSTTTAAATTTIIIOOONNN

TTEENNDDEERR DDOOCCUUMMEENNTT NIT NO. 13/1028/2016-17 Dated: 28/09/2016

SR. MANAGER (P & C)

CONTRACTS WING INDIRA SAGAR POWER STATION

NHDC OFFICE COMPLEX NARMADA NAGAR

DISTT. KHANDWA – 450119

SEPTEMBER 2016

OPERATION OF POWER HOUSE, SWITCHYARD AND ASSOCIATED INSTALLATION AT INDIRA SAGAR POWER STATION, NARMADA NAGAR, DISTT. KHANDWA (M.P).

INDIRA SAGAR POWER STATION N H D C OFFICE COMPLEX, NARMADA NAGAR, DIST. KHANDWA (MP) – 450119

TEL: 07323 – 284385/284442 FAX: 07323 – 284442/284086 Corporate Identity No.(CIN): U31200MP2000GOI014337

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NHDC Limited (A Joint Venture of NHPC Limited & Govt. of M.P.)

NHDC/2C/1028/16/1849-1861 Date: 28/09/2016

NOTICE INVITING TENDER (NIT NO. 13/1028/2016-17)

Online bids under Two-Cover system are invited on behalf of NHDC Ltd. from reputed firms for following Services:

1 Name of Work Operation of Power House, Switchyard and Associated Installation at Indira Sagar Power Station, Narmada Nagar, Distt. Khandwa (M.P).

2 Estimated cost ` 244.64 Lakh

3 Tender Fees (Non-Refundable) ` 1500/- (Rupees One Thousand Five Hundred only)

4 Earnest Money Deposit ` 4,90,000/- (Rupees Four Lakh Ninety Thousand only)

5 Contract period Twenty Four (24) Months

6 Sale/ Document Download period Date & Time 30-09-2016 (10:00 AM) to 04-11-2016 (06:00 PM)

7 Clarification period Date & Time 30-09-2016 (10:00 AM) to 28-10-2016 (06:00 PM)

8 Bid submission period date and time 30-09-2016 (10:00 AM) to 04-11-2016 (06:00 PM)

9 Date of opening of tender 05-11-2016 (at 4:30 PM) Note: Tender Fee (in the form of DD/BC in favour of NHDC LIMITED, preferably payable at SBI, Narmada

Nagar (code 08522)) and EMD (both in original) or notarized copy of valid Micro and Small Enterprise registration should be submitted in the Office of the Tender Inviting Authority on or before the last date and time of bid submission failing which the tender shall be summarily rejected.

1. The details of work are available in the tender document which can be downloaded from website www.nhdcindia.com and Central Public Procurement (CPP) Portal www.eprocure.gov.in/eprocure/app and the bid is to be submitted online only on www.eprocure.gov.in/eprocure/app upto last date and time of submission of tender. Sale of physical tender document is not applicable.

2. The prospective bidder shall fulfil the following minimum eligibility criteria:

(i) The Average Annual financial turnover of the bidder during the last three (3) financial years, should be not less than ` 73.39 Lakh (Rupees Seventy Three Lakh Thirty Nine Thousand only), ending 31-03-2015.

(ii) The bidder should have successfully completed similar nature of works in any Govt. Deptt./ PSU during last seven years ending last day of month previous to the month of issue of NIT, WITH ATLEAST, One (1) work of value not less than ` 195.72 Lakh (Rupees One Crore Ninety Five Lakh Seventy Two Thousand only) OR Two (2) works of value not less than ` 122.32 Lakh (Rupees One Crore Twenty Two Lakh Thirty Two Thousand only) each OR Three (3) works of value not less than ` 97.86 Lakh (Rupees Ninety Seven Lakh Eighty Six Thousand only) each. Similar Nature means “Operation/ Routine Maintenance/ Special Maintenance/ Capital Maintenance/ Erection, Testing & Commissioning of Hydro Power Station/ Thermal Power Station”.

(iii) The bidder must have valid class ‘A’ Electrical Contractor license. (iv) The bidder should be registered for execution of work with any Govt. Depts i.e., Central Govt./ State Govt./ PSU

OR MSMED Act 2006/ NSIC or under Shop & Establishment Act/ Companies Act or should have successfully executed works in NHDC during last seven years as on last date of month previous to the month of issue of NIT.

(v) The bidder should be registered with EPF organization. (vi) The bidder should be registered with Central Excise Deptt., GoI for payment of Service Tax. (vii) The bidder should have a valid Permanent Account Number (PAN) allotted to the firm/proprietor. 3. The details/ information regarding online tendering i.e. Registration on CPP Portal,

Preparation of Bid and Submission of bid are available in the tender document. NHDC reserves the right to reject any or all tenders and shall not be bound to assign any reason for such rejection.

For and on behalf of N H D C

Sd/- Sr. Manager (P&C) Contract Wing

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INDEX

SL. No. Description

Page No. Total Pages From To

1 Front Cover (i) (i) 1

2 NIT (ii) (iii) 2

3 Index of Tender Document (iv) (iv) 1

4 Section - 0 Instructions to Bidder ITB 0 ITB 15 16

5 Section - I Information for Bidder IFB 0 IFB 2 3

6 Section - II Terms & Conditions of Contract TCC 0 TCC 17 18

7 Section - III Scope of Work SoW 0 SoW 4 5

8 Section - IV Tender Forms and Schedules TF&S 0 TF&S 29 30

Total Pages of Tender Document 76

ITB-Page 0 Instruction to Bidders

SECTION – 0 INSTRUCTIONS TO BIDDER


Section-0 Instructions to Bidders

A. GENERAL:

1.1 Online bids under two envelope/cover system is hereby invited on behalf of NHDC Ltd. (A Joint Venture of NHPC Ltd. & GoMP) (hereinafter referred to as Corporation/ Employer) for Operation of Power House, Switchyard and Associated Installation at Indira Sagar Power Station, Narmada Nagar, Distt. Khandwa (M.P). Tender forms can also be downloaded from www.eprocure.gov.in/eprocure/app This section of the bidding documents provides the information necessary for bidders to prepare online responsive bids, in accordance with the requirements of the Corporation/ Employer. It also provides information on online bid submission, opening, evaluation and contract award.

Matters governing the performance of the Contractor, payments under the contract or matters affecting the risks, rights and obligations of the parties under the contract are not normally included in this section, but instead under Terms and Conditions of Contract.

1.2 INSTRUCTIONS FOR ONLINE BID SUBMISSION:

The bidders are required to submit soft copies of their bids electronically on the Central Public Procurement (CPP) Portal, using valid Digital Signature Certificates. The instructions given below are meant to assist the bidders in registering on the CPP Portal, prepare their bids in accordance with the requirements and submitting their bids online on the CPP Portal.

1.2.1 REGISTRATION:

(i) Bidders are required to enroll on the e-Procurement module of the Central Public Procurement Portal by using the “Click here to Enroll” option available on the home page. Enrolment on the CPP Portal is free of charge.

(ii) During enrolment /registration, the bidders should provide the correct/true information including valid email-id & mobile no. All the correspondence shall be made directly with the contractors/bidders through email-id provided.

(iii) As part of the enrolment process, the bidders will be required to choose a unique username and assign a password for their accounts.

(iv) For e-tendering possession of valid Digital Signature Certificate (Class II or Class III Certificates with signing key usage) is mandatory which can be obtained from SIFY/TCS/nCode/eMudra or any Certifying Authority recognized by CCA India on eToken/ SmartCard.

(v) Upon enrolment on CPP Portal for e-tendering, the bidders shall register their valid Digital Signature Certificate with their profile.

(vi) Only one valid DSC should be registered by a bidder. Bidders are responsible to ensure that they do not lend their DSCs to others which may lead to misuse and should ensure safety of the same.

(vii) Bidders can than log into the site through the secured login by entering their userID / password and the password of the DSC / eToken.

1.2.2 PREPARATION OF BIDS

(i) For preparation of bid, Bidders shall search the tender from published tender list available on site and download the complete tender document and should take into account corrigendum if any published before submitting their bids.

After selecting the tender document same shall be moved to the ‘My favourite’ folder of bidders account from where bidder can view all the details of the tender document.


(ii) Bidder shall go through the tender document carefully to understand the documents required to be submitted as part of the bid. Bidder shall note the number of covers in which the bid documents have to be submitted, the number of documents - including the names and content of each of the document that need to be submitted. Any deviations from these may lead to rejection of the bid.

(iii) Any clarifications if required then same may be obtained online through the tender site, or through the contact details given in the tender document.

(iv) Bidders should get ready in advance the bid documents to be submitted as indicated in the tender document/schedule in PDF/xls/rar/zip/dwf formats. If there is more than one document, they can be clubbed together using zip format.

(v) Bidders can update well in advance, the documents such as experience certificates, annual report, PAN, TIN, EPF, other details etc., under “My Space” option, which can be submitted as per tender requirements. This will facilitate the bid submission process faster by reducing upload time of bids.

1.2.3 SUBMISSION OF BIDS (i) Bidder should log into the site well in advance for bid submission so that he/ she

upload the bid in time i.e. on or before the bid submission time.

(ii) Bidder should prepare the Tender Fee and EMD as per the instructions specified in the NIT/ tender document under Clause No. 13.0 of ITB. The originals should be submitted to the Tender Inviting Authority, on or before the last date & time of bid submission. Otherwise the uploaded bid will be rejected. Bidder should send the EMD & Tender fee through Indian postal Service/ Courier services (at present only Madhur Courier and Reliance Courier services are available at Narmada Nagar).

Micro and Small Scale Enterprises (MSEs) under their single point Registration Scheme for the goods/ services at NSIC or District Industries Centre (DIC) or Khadi & Village Industries Commission (KVIC) or Khadi & Village Industries Board (KVIB) or Coir Board or Directorate of Handicrafts & Handlooms or any other body specified by Ministry of MSME or MSEs having Udyog Aadhar Memorandum for stores/works/services shall be provided benefits as per the “Public Procurement Policy for Micro and Small Scale Enterprises (MSEs) Order 2012”.

Eligible MSEs are exempted from furnishing the Bid Security Deposit/ EMD and tender fee. They should furnish with the bid a notarized copy of valid registration certificate/ Entrepreneurs memorandum (EM-II) details/ other relevant documents issued by above board/body in their favour, for the goods/ services covered under this tender document, in the Office of the tender inviting authority on or before the due date and time of submission of EMD and tender fee. No other bidders are exempted from furnishing the Bid Security Deposit/ EMD and Tender Fee as mentioned above.

Bids received unaccompanied by either an acceptable EMD or a photocopy of valid certificate of registration under MSME shall be rejected as being non responsive and returned unopened to the bidders. NHDC shall not be responsible for any delay or loss due to postal or courier services. The details of the DD/BC/BG or registration under MSMEDA Act2006/NSIC, physically sent, should tally with the details available in the scanned copy during bid submission time otherwise the uploaded bid will be rejected.

(iii) While submitting the bids online, the bidder shall read the terms & conditions (of CPP portal) and accepts the same in order to proceed further to submit their bid.

(iv) Bidder shall select the payment option as offline to pay the Tender Fee/ EMD and enter details of the DD/BC/BG.

(v) Bidder shall digitally sign and upload the required bid documents one by one as indicated in the tender document.


(vi) Bidders shall note that the very act of using DSC for downloading the tender document and uploading their offers is deemed to be a confirmation that they have read all sections and pages of the tender document without any exception and have understood the complete tender document and are clear about the requirements of the tender document.

(vii) Bidder shall note that each document to be uploaded for the tender should be less than 2 MB. If any document is more than 2MB, it can be reduced through zip/rar and the same can be uploaded. For the file size of less than 1 MB, the transaction uploading time will be very fast.

(viii) Utmost care shall be taken for uploading Schedule of quantity & Price and any change/ modification of the price schedule shall render it unfit for bidding.

Bidders shall download the Schedule of quantities & Prices i.e. Schedule-A, in XLS format and save it without changing the name of the file. Bidder shall quote their rates both in figures and words in white background cells, thereafter save and upload the file in financial bid cover (Price bid) only. If the Schedule of Quantity & Price file is found to be modified by the bidder, the bid will be rejected.

The bidders are cautioned that uploading of financial bid elsewhere i.e. other than in cover 2 will result in rejection of the tender.

(ix) Bidders shall submit their bids through online e-tendering system to the Tender Inviting Authority (TIA) well before the bid submission end date & time (as per Server System Clock). The TIA will not be held responsible for any sort of delay or the difficulties faced during the submission of bids online by the bidders at the eleventh hour.

(x) After the bid submission (i.e. after Clicking “Freeze Bid Submission” in the portal), the bidders shall take print out of system generated acknowledgement number, and keep it as a record of evidence for online submission of bid, which will also act as an entry pass to participate in the bid opening.

(xi) Bidder should follow the server time being displayed on bidder’s dashboard at the top of the tender site, which shall be considered valid for all actions of requesting, bid submission, bid opening etc., in the e-tender system.

(xii) All the documents being submitted by the bidders would be encrypted using PKI (Public Key Infrastructure) encryption techniques to ensure the secrecy of the data. The data entered cannot be viewed by unauthorized persons until the time of bid opening. The confidentiality of the bids is maintained using the secured Socket Layer 128 bit encryption technology.

2.0 QUALIFYING CRITERIA

2.1 The bidders must fulfill the following minimum Qualifying Criteria: -

A. The eligible firms shall have average annual turnover during last three financial years ending 31st March 2015 not less than ` 73.39 Lakh.

B. The bidder should have experience of having successfully completed similar works in any Govt. Deptt./ PSU during last seven years ending last day of month previous to the month of issue of NIT should be either of the following:

a) Three similar completed works costing not less than the amount equal to ` 97.86 Lakh each.

b) Two similar completed works costing not less than the amount equal to ` 122.32 Lakh each.

c) One similar completed works costing not less than the amount equal to ` 195.72 Lakh.


Similar works means “Operation/ Routine Maintenance/ Special Maintenance/ Capital Maintenance/ Erection, Testing & Commissioning of Hydro Power Station/ Thermal Power Station”.

C. The bidder should be registered with any Govt. Depts i.e., Central Govt./ State Govt./ PSU OR Registered under MSMED Act 2006/NSIC OR registered under Shop & Establishment Act/ Companies Act OR should have successfully executed works in NHDC during last seven years ending last day of month previous to the month of issue of NIT.

D. The bidder must have valid class ‘A’ Electrical Contractor license.

E. The bidder should be registered with EPF organization.

F. The bidder should be registered with Central Excise Deptt., GoI for payment of Service Tax.

G. The bidder should have a valid Permanent Account Number (PAN) allotted to the firm/proprietor.

2.2 The bidder shall furnish legible Scanned Copies for documentary proof as below for fulfilling

qualifying criteria as above failing which his offer shall be summarily rejected. Illegible documents

shall not be considered for evaluation of bid.

(i) Scanned Copies of Audited Balance Sheet/ Profit & loss account/ Certificate from Charted Accountant for last three years ending 31st March 2015.

(ii) Scanned Copies of work orders and their successful completion certificate. Following shall be clearly mentioned in the experience certificate:

(a) Dispatch No. and date.

(b) Name of work.

(c) Name of contractor.

(d) LOA/ Agreement No. and date of issue.

(e) Time period of work/ completion date.

(f) Amount of work.

(g) Seal, sign and designation of issuing authority.

(iii) Scanned Copy of registration certificate with any Govt. Depts i.e., Central Govt./ State Govt./ PSU OR MSMED Act 2006/ NSIC OR Shop & Establishment Act/ Companies Act OR completion certificate for successful execution of works in NHDC during last seven years.

(iv) Scanned copy of Valid Class ‘A’ Electrical Contractor License.

(v) Scanned Copy of registration certificate with EPF organization.

(vi) Scanned Copy of registration with Central Excise Deptt., GoI for payment of Service Tax.

(vii) Scanned Copy of Permanent Account Number (PAN).

2.3 In case where audited results for the immediate preceding years are not available, then a scanned copy of Statement of Account as on the closing date of immediate preceding Financial Year depicting the Turnover, Net worth & Profitability duly certified by their Chartered Accountant/ Certified Public Accountant (performing the audit of the company) shall be submitted. Necessary evidence regarding the appointment of auditors shall also be submitted alongwith the bid.

2.4 The bidder should not have been banned/ delisted/ blacklisted/ debarred from business by any PSU/ Govt. department during last 3 years on the grounds mentioned in clause 26.0 of ITB, self-declaration in this regard is to be provided as per Annexure VI of Section IV, TF&S.

3.0 Offer from Joint Venture firms shall not be considered.

4.0 SITE VISIT:

4.1 The bidders in their own interest at their cost are advised to visit, inspect and examine the site and its surroundings and satisfy themselves including prevailing rules, regulations/ directions of the local authorities/ State Government, that may be necessary for preparing the bid and execution of the contract, before submitting their Bids in respect of the Site


Conditions including access to the site, availability of land, water, power and other facilities, Source and extent of availability of suitable materials including water etc. and labour, including but not restricted to any other conditions which may influence or affect the work or cost thereof under the contract. No extra charges consequent upon lack of any information/ knowledge and understanding shall be entertained or payable by the Corporation.

4.2 The bidders should note that information, if any, with regard to the site and local conditions, as contained in this Bid document has been given merely to assist the bidders and is not warranted complete in all respects. The bidder should ascertain all other information pertaining to and needed for the work including information regarding the risks, contingencies and other circumstances which may influence or affect the work or the cost thereof under this contract.

4.3 All the temporary services/arrangements shall be made by Contractor at no extra cost to Corporation.

4.4 The bidders are advised to contact the Sr. Manager (P&C), ISPS, NHDC for site visit at the following address:

O/o Sr. Manager (P&C), NHDC Ltd.,

Indira Sagar Power Station, Narmada Nagar, Distt. Khandwa (M.P.) Phone: 07323-284385, 284442.

5.0 Cost of Bidding:

The Bidder shall bear all costs associated with the preparation and submission of his Bid, and the Employer will, in no case, be responsible or liable for those costs, regardless of the conduct or outcome of the tendering process.

B. BIDDING DOCUMENTS

6. 0 Content of Bidding Documents:

6.1 The set of bidding documents comprises the documents listed below and corrigenda/ addenda if any, issued in accordance with the tender document.

Section-0 : Instructions to Bidders.

Section-I : Information for Bidders.

Section-II : Terms & Conditions of Contract (TCC).

Section-III : Scope of Work.

Section-IV : Tender Forms and Schedules (TF&S)

6.2 The bidder is expected to examine carefully all instructions, Forms, Schedule of Quantities & Prices, qualification criterion, information and other schedules, General and Special conditions of contract, specifications and drawings in the Bid Document. Failure to comply with the requirements of Bid Documents shall be at the bidder’s own risk. Pursuant to Clause 20.0 hereof, bids, which are not substantially responsive to the requirements of the Bid Documents, shall be rejected.

7.0 Clarification of Bidding Documents:

7.1 A prospective Bidder requiring any clarification of the bidding documents may notify the Employer in writing at least 07 (seven) days before the last date of submission of the tender.

The Corporation will respond in writing to any request for clarification or modification of the tender document, if considered necessary, at its sole discretion.


7.2 The Corporation shall not be bound to respond to the request from the prospective bidders and this shall not become the reason for claiming extension of the deadline for the submission of the tenders.

7.3 Verbal clarification and information given by the Corporation or its any employee(s) or his representative(s) shall not in any way be binding on Corporation and/ or bidder.

8.0 Amendment of Bidding Documents:

8.1 Before the deadline for submission of bids, the Employer may for any reason, whether at its own initiative, or in response to a clarification regulated by a prospective bidder, amend/ modify the bidding documents by issuing addenda/ corrigenda.

8.2 Any addendum/corrigendum thus issued shall be part of the bidding documents and shall be published on CPP Portal. Bidders are required to acknowledge the receipt of any such amendment from the CPP Portal/ NHDC website. It will be presumed that the amendment has been accepted and the information contained therein has been taken into account by the bidder in the bid.

The bidders are requested to see the website once again before the due date of tender opening to ensure that they have not missed any corrigendum/ addendum uploaded against the said tender after downloading the tender document. The responsibility of downloading the related corrigendum/ addendum, if any, will be of the downloading parties.

No separate intimation in respect of corrigendum/ addendum to this tender, if any, will be sent to tenderer(s) who have downloaded the documents from website.

8.3 To give prospective bidders reasonable time in which to take an addendum/ corrigendum into account in preparing the bid, the Corporation may, at its discretion, extend the deadline for the submission of the tender.

8.4 The Corporation reserves the right to itself to postpone and/ or extend the date of receipt or to withdraw the bid notice, without assigning any reason thereof entirely at its discretion. In such an event bidders shall not be entitled to any compensation in any form whatsoever.

C. PREPARATION OF BIDS:

9.0 Language of Bid

9.1 The bid and all documents shall be in English and correspondence relating thereto shall be written in the English/ Hindi language. Supporting documents and printed literature in any other language shall be accompanied by an appropriate translation to the English/ Hindi language.

9.2 For the purpose of interpretation of the tender clauses, the English version shall prevail.

10.0 Document comprising the Bid:

10.1 The tender shall be submitted online in two cover system duly scanned and digitally signed by the authorized representative of the bidder as follows:

(A) COVER-1 (TECHNO-COMMERCIAL BID)

Online bids should be submitted containing scanned copy of following document in Cover-1.

i) Tender fee as per Clause No. 13.0 of ITB. ii) Earnest Money Deposit as per Clause No. 13.0 of ITB. iii) Pursuant to Clause 17.1.1 to 17.1.4, Authorization/ Power of Attorney in favour of

authorized signatory for signing of documents and online submission of bid having the following information:

Name & Address of authorized signatory:- Attested signature of authorized signatory: Telephone/ Fax No.:- Mobile No.:-


E-mail ID:-

iv) The bidders or his authorised representative shall sign and upload all the documents, owning responsibility for their correctness/ authenticity and submit Declaration in respect of acceptance of terms and conditions of tender document as per Section-IV, TF&S.

v) All Documents establishing conformity to the Qualifying Criteria as mentioned at Clause 2.0 above.

vi) Partnership deed in case of partnership firm, Memorandum and Articles of Association in case of limited Company and Power of Attorney in favour of authorized signatory.

vii) Duly filled Warranty Form as per Annexure I of Section-IV, TF&S.

viii) Dully filled Tender Acceptance Letter as per Annexure II of Section-IV, TF&S.

ix) Dully filled and signed Electronic Clearing System form along with cancelled cheque as per Annexure III of Section-IV, TF&S.

x) Dully filled and signed Format for Declaration/Undertaking for Applicability of Provisions of Micro and Small Enterprises under MSMEDA 2006 as per Annexure IV Section-IV, TF&S.

Note: Please note that without documentary evidence appended with the Techno-commercial offer (Cover-1), the status of applicability of MSMEDA act shall be treated as “Not Applicable”.

xi) Duly filled and signed Certificate under Fraud policy of NHDC Ltd. as per Annexure V of Section-IV, TF&S.

xii) Duly filled and signed Declaration by Bidder as per Annexure VI of Section-IV, TF&S.

xiii) Experience details and Financial Data as per Annexure VII of Section-IV, TF&S along with supporting documents establishing fulfillment of qualifying requirement.

xiv) Declarations as per Annexure-VIII of Section-IV, TF&S.

The bidders are cautioned that divulging of any price information in Cover- 1 (Techno commercial Bid) will result in rejection of the tender.

If the Cover – 1 i.e. technical bid does not contain any of the above mentioned documents or does not meet the minimum qualifying criteria as given in clause 2 above, then the offer shall be deemed liable to rejection/ disqualification. The respective Cover – 2, i.e. Price Bid of the technically disqualified offers shall be rejected without opening.

(B) COVER-2 (PRICE BID):

The Cover-2 i.e. Schedule of price bid (placed at Schedule-A-I of Section –IV) in the form of

BOQ_XXXX .xls should be filled and uploaded to CPP-Portal in conformity with the tender

specification on the portal only. Unit of Measurement (UOM) is indicated in the e-tender form.

Rate to be quoted should be in Indian Rupee as per UOM indicated in the e-tender form/tender

document.

Bidders shall download the Schedule of quantities & Prices i.e. Schedule-A-I of Section - IV in

XLS format and save it without changing the name of the file. Bidder shall quote their rates in

figures in green background cells, thereafter save and upload the file in financial bid cover

(Price bid) only. If the Schedule of Quantity & Price file is found to be modified by the bidder,

the bid will be rejected.

10.2 The bidder is advised to avoid offering of rebate/discount. However in case of exceptional circumstances, the rebate/ discount offered by the bidder should be only in the Price bid i.e. Schedule of Quantities & Prices itself. The rebate/ discount offered anywhere else shall not be considered for the purpose of the evaluation of bids. The bidder should offer the rebate on a percentage basis applied uniformly to all the Unit rate of the Schedule of Quantities & Prices except those, which have been stipulated by the Corporation.

10.3 The Cover-1 & 2 shall together constitute the Complete Bid.


11.0 Bid Prices:

11.1 The quoted rates in the Schedule of Quantities & Prices ‘Schedule-A’ shall be inclusive of all applicable taxes including Service Tax, licenses, duties, levies, insurance, transportation of consumables, materials, labours and other charges as levied by various agencies/ authority of Central Govt./ State Govt./ Local bodies, as applicable 28 days prior to deadline for submission of bids and any increase thereon during the currency of the contract. The Corporation shall not provide any declaration form to the Contractor for availing Concessional Tax etc. The rates shall be quoted accordingly.

All applicable taxes/duties including Service Tax as applicable and assessed on the Employer shall also be included in the prices/ rates, which shall be deducted from the Contractor and deposited to the concerned authority by the Employer.

11.1.1 However, increase on rate of service tax or introduction of new tax imposed after the above-stipulated date shall be considered for reimbursement/ recovery against production of documentary evidence of its payment. Change in nomenclature of any existing taxes, duties, etc. shall not be construed as a new tax for the purpose of reimbursement. If rate of service tax decreases during currency of the contract, then benefit shall accrue to NHDC.

11.1.2 Bidders are advised to carefully read ‘Scope of Work’ and ‘Schedule of Quantities & Prices’ to ascertain the minimum requirement of manpower, material, machinery etc. for successful execution of each Item of the work and quote rates accordingly.

11.1.3 The quoted rates shall be inclusive of expenses on account of various tests to be carried out for maintaining quality at site, mix design concrete, if any and any other charges.

11.2 The rates shall only be quoted in Indian Currency and if quoted in other currency, the offer will be liable to be rejected.

12.0 Bid Validity:

12.1 Bids shall remain valid for a period of 180 days from the date of opening of the techno-commercial bids. A bid valid for a shorter period may be rejected by the Corporation as being non responsive.

12.2 In exceptional circumstances, prior to expiry of the original tender validity period, the Corporation may request the bidder, in writing, for a specified extension in the period of the validity. The bidder may refuse the request without forfeiting its EMD (bid security). The bidder agreeing to the request will neither be required nor be permitted to modify its bid.

12.3 The provisions regarding discharge and forfeiture of EMD shall continue to apply during the extended period of tender validity.

13. 0 Tender Fee and Earnest Money:

13.1 TENDER FEE: - The Bidder shall have to deposit Non- Refundable Tender fee of ` 1500.00 (Rupees One Thousand Five Hundred Only) in form of DD/Bankers cheque in favor of NHDC Ltd. payable at State Bank of India (Code no. 8522), Narmada Nagar, Dist- Khandwa (MP). Small Scale Units registered under MSMEDA 2006 or with National Small Industries Corporation (NSIC) under their single point registration scheme for stores/works are exempted from furnishing tender fee.

13.2 The Bidder shall deposit EMD of ` 4,90,000/- (Rupees Four Lakh Ninety Thousand only) in the form of

Crossed Bank Demand Draft/ Banker’s Cheque drawn in favour of “NHDC Ltd.”, preferably payable at SBI, Branch Narmada Nagar (branch code 08522), OR

BG issued by any Nationalised Bank or Scheduled Bank of India duly endorsed in favour of “NHDC Ltd.” in the format prescribed in Section-IV, TF&S.

Earnest money up to Rs 50,000/- may be deposited in the form of Bankers Cheque/ Crossed Demand Draft as stipulated above and if EMD is in excess of Rs.50,000/- it may be deposited


either in the form of Bankers Cheque / Crossed bank draft or in the form of Bank Guarantee (BG) issued by an Indian nationalized bank or any scheduled bank of India as per format appended in the Section-V, “Tender Forms & Schedules” of Tender Documents.

Earnest money, if submitted by the bidder in the form of Bank Guarantee, the original Bank Guarantee (valid for at least 11 months) shall be submitted in the office of Tender Inviting Authority on or before last date of submission of bid. However, the issuing bank shall submit an unstamped duplicate copy of Bank Guarantees directly by registered post (A.D.) to the employer (authority inviting tenders) with a forwarding letter.

Eligible MSEs registered under MSMEDA 2006/ NSIC are exempted from furnishing the EMD and tender fee. They should furnish with the bid a notarized copy of valid registration certificate/ Entrepreneurs memorandum (EM-II) details/ other relevant documents issued by above board/body in their favour for the works/ services covered under this tender document. No other bidders are exempted from furnishing the Bid Security Deposit/ EMD and Tender Fee as mentioned above.

It is the sole responsibility of the bidder to ascertain whether registration certificate issued to him under MSMEDA 2006 is applicable for the works/ services covered under this tender document.

13.3 Any Bid not accompanied with proper EMD shall be rejected summarily as being non-responsive and their price bid (Cover - 2) will not be opened.

13.4 Earnest Money of bidders who are not qualified for opening of price bid shall be returned, without any interest, within 30 days after such notification. The Earnest Money of all the unsuccessful bidders whose price bid has been opened will be returned, without any interest, within 30 days of notification of the award of contract to the successful bidder.

13.5 The Bidders shall not be entitled, during the period of validity of their offers without the consent in writing of the Corporation, to revoke or withdraw their bids or change in any respect of their offer or any terms and conditions thereof. In case of a Bidder revoking or withdrawing his Bid or changing any terms and conditions in regard thereto without the consent of the Corporation in writing during the period of validity of his offer, the Corporation may at his discretion, forfeit the Bid Security furnished by the Bidder along with his offer.

13.6 The Earnest Money may be forfeited:

a) if the Bidder withdraws the Bid after bid opening (technical bid) during the period of Bid validity; or

b) If a bidder fails to accept rectification of arithmetical errors noticed by the Corporation or

c) if the Bidder adopts corrupt/ fraudulent /collusive/ coercive practices or

d) in the case of a successful Bidder, if the Bidder fails within the specified time limit to

i. Refuse to accept the LOA or to sign the Agreement; and/or

ii. Furnish the required Performance Security Deposit.

In addition to this the bidder may at the discretion of the Corporation, be debarred from bidding for a period as may be considered fit by the Corporation, against any bid that might be invited by the Corporation in future. The Corporation will also be within its rights to circulate the information at its discretion to other prospective corporation’s about the bidder’s conduct.

14.0 Format and Signing of Bid:

14.1 Bidders are advised to fill in the Price Schedules and Annexures, in respect of each and every item by strictly following the instructions, foot notes etc. to facilitate the Corporation in speedy evaluation of Bids, failure to do so may prevent the Bid from being considered by the Corporation.

14.2 The bidders in their own interest are advised to be very careful while mentioning their rates in price bid in electronic form.


15.0 Any deviation from terms & conditions of the tender document shall not be entertained. Separate set of commercial conditions (such as Bidders standard printed conditions) enclosed with the offer and any reference thereto may render the Bid liable to rejection.

D. SUBMISSION OF BIDS

16.1 On-Line Submission:

The bid-submission would be online through the E-procurement portal http://eprocure.gov.in/eprocure/app on or before the due date 04/11/2016 and time upto 06:00 PM. The Server Date & Time as appearing on the website http://eprocure.gov.in/eprocure/app shall only be considered for the cut-off date and time for submission of bids. Offers sent through post, telegram, fax, telex, e-mail, and courier or by any other mode will not be considered. In case of date of opening is declared as holiday tender will be opened on next working day at same time.

The Corporation may, in the exceptional circumstances and at its discretion, extend the deadline for submission of bids by issuing an amendment, in which case all rights and obligations of the Corporation and the bidders previously subject to the original deadline will then be subject to the new deadline.

All documents specified in Clause. No. 2.2 hereinabove should be scanned, uploaded and attached with the tender before schedule close of Bid Submission time.

16.2 Offline Submissions:

Hard copy of supporting documents in accordance with ITB clause 2 or relevant clause of ITB forming part of techno-commercial bids viz. DD towards cost of bid document & DD/ BG towards Bid Security, Power of Attorney etc. shall be submitted offline (i.e. physically) in separate sealed envelope bearing on the top the reference of the Tender specification to “Sr. Manager (P&C), Indira Sagar Power Station, NHDC Office Complex, Narmada Nagar, Distt. Khandwa (M.P.)” on or before the due date & time of submission as per NIT.

If any discrepancy is found between Hard Copies of the offline document viz. DD towards cost of bid document & DD/ BG towards Bid Security, Power of Attorney and scanned copy of same uploaded online then the online bid shall be liable for rejection.

16.3 Special Note on Security of Bids:

The bid submitted by a Bidder is encrypted by a Symmetric Key which is again encrypted by the public key of the tender opening officers. All such encryptions take place at the Bidder’s end.

16.4 Bidders will not be able to submit their bids after the due date and time for submission of bids has elapsed.

16.5 Modification, Substitution and Withdrawal of Bid:

16.5.1 The Bidder may choose to revise the Bids till the Bid submission deadline. For any Revision of the Bid, the bidder has to submit it afresh. It should be noted that bid once withdrawn by the bidder he cannot participate in same tender again.

16.5.2 By withdrawing bid from a tender till bid submission deadline, a bidder requests the Buyer organization to ignore all his submissions, and to return his earnest Money Deposit (EMD) forthwith as per the procedure of the organization.

16.6 Deadline for submission of Bids:

16.6.1 Bids must be received by the Employer at the address specified in the Invitation for Bids (Notice Inviting e-Tender) not later than the time and date stated in the Invitation for Bids. In the event of the specified date for submission of bids being declared a holiday for the Employer, the bids will be received upto the appointed time on next working day.


16.6.2 The Employer may, at its discretion, extend this deadline for submission of bids by amending the bidding documents in accordance with ITB Sub-clause no. 8, in which case all rights and obligations of Employer and Bidders will thereafter be subject to the deadline as extended.

16.7 Late Bids:

Online submission of the bid will not be permitted on the portal after expiry of submission time and the bidder shall not be permitted to submit the same by any other mode. Similarly hard copies of the Offline documents, if received by the Employer after the deadline for submission of Bids prescribed in Invitation for Bids (Notice Inviting e-Tender), then it will be considered as ‘Late Bid’ notwithstanding the fact that the bidder has uploaded the bid online within the stipulated deadline. In such a case, the uploaded online bid on the portal shall be considered as non-responsive and shall not be processed further.

17.1 The Bid shall be submitted in the prescribed form and the same shall be signed properly as laid down hereunder:

17.1.1 If the Bid is submitted by an individual, it shall be signed by the proprietor above his full name and full name of his firm with its current business address.

17.1.2 If the Bid is submitted by a proprietary firm, it shall be signed by the proprietor above his full name and full name of his firm with its current business address.

17.1.3 If the Bid is submitted by a firm in partnership, it shall be signed by all the partners of the firm above their full names and current business addresses, or by a partner holding the power of attorney for the firm by signing the Bid in which case a certified copy of the power of attorney shall accompany the bid. A certified copy of the partnership deed and current business addresses of all the partners of the firm shall also accompany the bids.

17.1.4 If the Bid is submitted by a Limited Company or a Corporation, it shall be signed by a duly authorized person holding the power of attorney for signing the Bid in which case a certified copy of the power of attorney shall accompany the bid. Such limited Company or Corporation may be required to furnish satisfactory evidence of its existence before the Contract is awarded.

17.2 All witness and sureties shall be persons of status and their full names, occupations and addresses shall be stated below their signatures. All signatures affixed on each page in the Bid will be dated.

E. BID OPENING AND EVALUATION

18.0 Bid Opening

18.1 The Corporation/ Authority inviting Tender will open the online bids received upto last date & time of submission of bid in the presence of the bidders/ bidders’ representatives who choose to attend at the time, date and place specified in the NIT. In the event of the specified date for the submission of bids being declared a holiday for the Corporation, the Bids will be opened at the specified time and location on the next working day.

18.2 Initially, the ‘Techno-Commercial Bid’ shall be opened consisting of online and offline submissions and the ‘Price Bid’ of only those bidders whose techno-commercial bid is acceptable to the Employer shall be opened online subsequently.

The date, time and place of opening of financial bids shall be informed through above mentioned web site to the bidders whose Techno-commercial bids are found responsive. Tenderer or their representative may chose to attend opening of online financial bids.

19.0 Process to be Confidential

Information relating to the examination, clarification, evaluation, and comparison of bids and recommendations for the award of a contract shall not be disclosed to bidders or any other persons not officially concerned with such process until the award to the successful Bidder has been announced.


No bidder shall contact any employee of the Corporation, except when requested in writing, on any matter relating to the tenders, from the time of opening of the tenders till the time the contract is awarded.

Any attempt by a Bidder to influence the Employer’s in the process of examination, clarification, evaluation and comparison of tenders, and in decisions concerning award of contract, may result in rejection of the bidder's tender.

20.0 Examination of Bids and Determination of Responsiveness

20.1 During the detailed evaluation of “Techno-commercial Bids”, the Corporation will determine whether each Bid:

(a) meets the qualifying criteria;

(b) is accompanied by the required securities; and

(c) is substantially responsive to the requirements of the bidding documents. The Corporation’s determination of bid’s responsiveness shall be based on the contents of the bid itself without recourse to extrinsic evidence. During the detailed evaluation of the “Financial Bids”, the responsiveness of the bids will be further determined with respect to priced schedule of quantity and price.

20.2 A substantially responsive “Bid” is one which conforms to all the terms, conditions, and specifications of the bidding documents, without material deviation or reservation. The bid that does not meet minimum acceptable standards of completeness, consistency and details will be rejected for non-responsive.

20.3 If a “Bid” is not substantially responsive, it will be rejected by the Corporation, and may not subsequently be made responsive by correction or withdrawal of the nonconforming deviation or reservation.

20.4 The Corporation may waive any minor informality/non-conformity/irregularity in a bid that does not constitute material deviation and that does not prejudice or affect the relative ranking of any bidder as a result of evaluation.

20.5 If the present performance of the bidder in a current contract for any work is unsatisfactory as certified by the project authority of the relevant project, the offer of the bidder will be summarily rejected without assigning any reasons thereof.

20.6 Conditional offers are liable for rejection.

21.0 Clarification of Tenders:

21.1 To assist in the examination, evaluation and comparison of tenders, the Corporation may ask the bidders individually for clarification of their tenders.

21.2 The request for clarification and their response shall be in writing, but no change in the price or substance of the tender shall be sought, offered or permitted except as required to confirm the correction of arithmetical errors discovered by the Corporation during the evaluation of the tenders.

21.3 The bidder shall promptly provide all necessary information and documents to be submitted to the Corporation during evaluation of its tender. Failure to provide correct and timely information, concealment of material facts regarding litigation history and arbitration proceedings etc. having a material bearing on the evaluation process may render its tender being treated as non-responsive and will be liable to rejected summarily.

22.0 Evaluation and Comparison of Bids

22.1 The Corporation will evaluate and compare only the bids determined to be substantially responsive to the requirements of the tender document.

22.2 In evaluating the bids, the Corporation will determine for each Bid, the evaluated Bid price by adjusting the Bid price by making correction, if any. The bidder shall submit rate analysis of quoted price if so desired by the Corporation.


22.3 The bid(s) shall be evaluated in two stages:

i) Techno-commercial evaluation

ii) Financial evaluation

22.4 Only those bidders shall be considered qualified by the Corporation, who submit requisite EMD and documents, accept all the terms & conditions of the Tender document unconditionally, and meet the qualifying requirement stipulated in the Tender document. The decision of the Corporation shall be final and binding in this regard.

22.5 The bidders whose bid(s) meets the qualifying criteria and are found to be techno-commercially acceptable shall be considered for further evaluation. Bid(s) not fulfilling the techno-commercial requirement of the tender shall be considered non-responsive and rejected and Cover-2 i.e. Price Bid of such bidder shall not be opened.

22.6 The Price bid(s) of the prospective bidders, who fulfils the techno-commercial requirement of the bid(s), shall be evaluated further. Evaluation of bid price shall be done on the basis of quoted total Lump sum cost of the work. The tender shall be awarded on single tender responsibility basis.

F. AWARD OF CONTRACT

23.0 Award Criteria

The Corporation will award the Contract to the Bidder whose Bid has been determined to be substantially responsive to the bidding documents and who has offered the lowest total evaluated Bid price for the work, provided that such Bidder has been determined to be eligible and the total evaluated Bid Price is within a reasonable variation of the estimated amount of Work.

Normally the tender will be accepted of that bidder whose quoted total Bid price is found to be lowest but NHDC is not bound for such acceptance and reserves the right to accept or reject any offer without assigning any reason thereof. Bidder shall have no objection to such rights of NHDC.

24.0 Corporation’s Right to Accept or Reject Bids

The Corporation reserves the right to accept or reject bid, and to cancel the bidding process and reject all bids, at any time prior to the award of Contract, without thereby incurring any liability to the affected bidder or bidders or any obligation to inform the affected bidder or bidders of the grounds for the Corporation’s action.

25.0 Notification of Award and Signing of Agreement.

25.1 The bidder whose bid has been accepted will be notified of the award by the Corporation prior to expiration of the Bid validity period through the “Letter of Award”, which will state the sum that the Corporation will pay to the Contractor in consideration of the execution, completion by the Contractor as prescribed in the Contract.

25.2 The notification of award will constitute the formation of the Contract until the Formal Agreement is signed.

25.3 Within Thirty (30) days of the issue of Letter / Notification of Award, the successful bidder shall execute the Agreement on the non- judicial stamp paper of requisite value as per the format enclosed with this Section. The expenses of completing and stamping the original agreement and copies shall be borne by the Contractor.

The successful bidder shall attend the office of the Sr. Manager (P&C) for signing of the contract agreement. The Agreement will incorporate all agreements between the Corporation and the successful bidder.

Failure to comply with the provisions of signing of contract and furnishing the Initial Security deposit shall constitute sufficient grounds for annulment of award.


25.4 Upon issuance of LOI/LOA to the successful bidder, the Corporation will return the Earnest Money of the other Bidders informing that their Bids have been unsuccessful.

26.0 DETECTION & PREVENTION OF FRAUD AND ACTION THEREOF:

It is expected from the bidders that they will observe the highest standard of ethics during the tendering process and execution of such contract in pursuance of ‘Fraud and Corruption policy’ and furnish Certificate as per TF&S.

(a) For the purpose of this provision, the terms set forth below shall mean as under:

(i) “Corrupt practice” means the offering, giving, receiving or soliciting of any thing of value to influence the action of a public official in the procurement process or in contract execution; and

(ii) “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 Purchaser, 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 Purchaser of the benefits of free and open competition;

(iii) “collusive practice” means a scheme or arrangement between two or more bidders, with or without the knowledge of the Purchaser, designed to establish bid prices at artificial, non competitive levels; and

(iv) “coercive practice” means harming or threatening to harm, directly or indirectly, person or their property to influence or affect the execution of a contract;

(b) A Bid may be rejected by the Purchaser if it is determined at any stage that the respective Bidder has engaged in corrupt, fraudulent practice(s), collusive and coercive practices in competing for the contract in question.

(c.) The Purchaser may declare a firm ineligible, either indefinitely or for a stated period of time, if it at any time determines that the firm has engaged in corrupt, fraudulent practice(s), collusive and coercive practices in competing for, or in executing, a contract.

27.0 BANNING OF BUSINESS DEALINGS

It is not in the interest of NHDC to deal with Agencies who commit deception, fraud or other misconduct in the tendering process. The grounds on which Banning of Business Dealings can be initiated are as follows:

(i) If the security consideration, including questions of loyalty of the Agency to NHDC so warrants;

(ii) If the director/ owner of the Agency, proprietor or partner of the firm, is convicted by a court of law for offences involving moral turpitude in relation to its business dealings with the Government or any other public sector enterprises, during last five years;

(iii) If business dealings with the Agency have been banned by the Department of Power, Government of India;

(iv) If the Agency has resorted to corrupt, fraudulent practises including misrepresentation of facts;

(v) If the Agency uses intimidation/ threatening or brings undue outside pressure on NHDC or its official for acceptance/ performances of the hob under the contract;

(vi) If the Agency misuses the premises or facilities of the NHDC, forcefully occupies or damages the NHDC’s properties including land, water resources, forests/ trees of tampers with documents/ records etc. (Note: The examples given above are only illustrative and not exhaustive. The Competent Authority may decide to ban business dealing for any good and sufficient reason).


The procedure for banning of Business Dealings shall be governed as per NHDC’s “Policy & Procedure for Banning of Business Dealings” enclosed in TF&S.

28.0 COURT OF COMPETENT JURISDICTION

Any action taken or proceedings initiated on any of the terms of this Agreement shall be only in the Court of Competent Jurisdiction under the High Court of Madhya Pradesh at Jabalpur.

29.0 Check List

The check list attached herein as Annexure IX of Section-IV, TF&S under shall be uploaded only duly filled by bidders. Except the documents as mentioned in the Checklist, bidders shall not submit any other document.

30. General Instructions:

30.1 The Bidder shall promptly check their e-mailbox registered with CPP Portal for receipt of any information/clarification/ correspondence in respect of their bid. The Corporation shall not be responsible for non-receipt/failure of e-mail to the bidders.

30.2 If any of the information furnished by the bidder is found to be incorrect, the Bid/ contract is liable to be rejected / terminated and the EMD/ Performance Security will be forfeited.

30.3 Conditional offers are liable for rejection, in case the bidder does not withdraw the conditions on request of the corporation within a reasonable period as decided by the Corporation.

30.4 Tenders from those tenderers who have not submitted their offer as per NIT will not be considered.

……………………………….

IFB 0

SECTION – I

INFORMATION FOR BIDDER

IFB 1

SECTION - I

INFORMATION FOR BIDDER

1.0 INTRODUCTION

1.1 Location and Communication

1.1.1 The Indira Sagar Power Station is a multipurpose river valley project on the west flowing river Narmada in Madhya Pradesh State. The Project is located at Narmada Nagar, which is about 10 km. from Punasa village situated in Khandwa district of Madhya Pradesh. The dam site lies on longitude 76028’ E and latitude 22017’ N.

1.1.2 Indira Sagar Power Station is connected by all weather road from Dist. Headquarters at Khandwa as well as other places like Indore and state capital Bhopal. The nearest railhead for Project is Khandwa Railway Station, which lies between Bhusawal – Itarsi broad gauge section of Central Railway. The details of the places of importance in the vicinity of Project and its distance by road are as under: -

SL. PLACE IMPORTANCE DISTANCE

1. KHANDWA DIST. HEADQUARTERS 65 KMS.

2. SANAWAD NEAREST RAIL HEAD (METER GAUGE) 50 KMS.

3. INDORE NEAREST AIRPORT 130 KMS.

4. BHOPAL STATE CAPITAL 200 KMS.

1.2 Project Background

1.2.1 The Indira Sagar Power Station is a multipurpose scheme on the Narmada River. The project is providing irrigation benefits to the gross area of about 1.23 Lac hectares and has installed capacity of 1000 MW electricity generation.

1.2.2 The Government of Madhya Pradesh had completed development of infrastructure facilities, diversion of the river, part construction of the dam and powerhouse etc. for the Project. The balance construction works of the power generation components viz. dam, power house and water conductor system was transferred to N H D C Ltd., which is a Joint Venture of N H P C Ltd. (A Govt. of India Enterprise) as a lead partner and Government of Madhya Pradesh as the other partner. All construction works have been completed and power generation is in operation.

1.3 Project layout

The project mainly comprises of:

(i) A solid gravity concrete dam 653 m long and 92 m high, with gross storage capacity of 12.22 billion cubic meters, The dam axis is curved with radius of 880m.

(ii) A sub-surface power house on the right bank with installed capacity of 8 units of 125 MW each.

(iii) Main irrigation canal 249 km. Long and having 160 cumecs capacity; and

(iv) Lift canals 83 Km long and having 31 cumecs capacity.

All the eight units of 125MW capacity each have been commissioned and are in operation. The work of construction of canals is in progress under control of NVDA (GoMP).

2.0 HYDROLOGY

2.1 The catchments area of Narmada River up to Indira Sagar Power Station dam site is 61,642 Sq km. The catchment area comprises of 23 sub basins covering the Narmada River and its 41 tributaries. The monsoon from June to September reportedly accounts for about 85 to 93 percent of the annual rainfall in different parts of the basin.

IFB 2

3.0 SEISMICITY

3.1 The Project falls in Zone-III of seismic zoning map of India as per IS: 1893-1975. The peak horizontal and vertical ground acceleration due to earthquake will be considered as 0.12 g and 0.08 g respectively.

4.0 INFRASTRUCTURAL FACILITIES

4.1 All necessary approach roads to the dam site, colony internal roads residential buildings, office buildings, rest houses, ITI building & hostels, welfare center, community hall, hospital building, school buildings, transit hostels, shopping complexes etc. have been constructed at Narmada Nagar. The works of Power Supply, water supply and other preferential works have been completed.

5.0 PROJECT STAGE

The project is in the operation & maintenance stage and all the construction activities have been completed.

6.0 CLIMATIC CONDITIONS

6.1 The project site is situated at an elevation of about 200 m above mean sea level. The power house Equipment shall be housed in a sub surface power house with its bottom most point at an elevation of 172.5 m. The weather conditions as existing at the site are given below: -

i) Maximum temperature of air (in shade) 480 C.

ii) Minimum temperature of air 90 C.

iii) Maximum temperature of river Water 360 C.

(for cooling purposes)

iv) Relative humidity a) minimum 19.5%

b) maximum 87.5%

v) Rainfall Data

Number of rainy days per year (ave) 47 Days

Average annual rainfall 1288.5 mm

Maximum rainfall 1878.8 mm

Minimum rainfall 603 mm

vi) Maximum wind speed 60 km/hr

vii) Terrain Plain

viii) Snow Incidence No snowfall at site

ix) Height above mean sea level 200-300 m

7.0 BIDDER TO GET THE DETAILS OF THE SITE

7.1 The Bidder shall make independent inquiry as to acquaint himself about the conditions and circumstances affecting his bid estimate of executing the works as described. In assessing the Bid, it will be deemed that the Bidder has inspected and examined the site, its surroundings and has satisfied himself as far as practicable to the form and nature of the site, the means of transport and access to the site, the accommodation he may require, the general labour position at the site.

7.2 Failure by the Bidder to have done all the things, which in accordance with his condition he is deemed to have done shall not relieve the successful Bidder of the responsibility for satisfactory completion of the work as, required.

7.3 Access to the site will be granted, if necessary, to the intending Bidder by prior permission of the Project.

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SECTION – II

TERMS AND CONDITIONS OF CONTRACT

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TERMS & CONDITIONS OF CONTRACT

CLAUSE-1: DEFINITIONS

In the contract, the following expression shall, unless the context otherwise requires, have the meanings thereby respectively assigned to them:

(i) Contract: means the document forming the tender, acceptance thereof and the formal agreement executed between the NHDC Limited and the Contractor, together with documents referred to therein.

(ii) Contract Price: means the amount arrived at by multiplying the quantities shown in the Bill of Quantities by the respective item rates as allowed and included in the Letter of Acceptance.

(iii) Contractor: means the successful tenderer who is awarded contract to perform the work covered under these tender documents and shall be deemed to include the contractor's successors, executors, representatives or assigns.

(iv) Corporation or Employer: means the NHDC Limited having its registered office at NHDC Parisar, Shyamla Hills, Bhopal (M.P.)-462013 and includes therein legal representatives, successors and assigns.

(v) Day: means a calendar day beginning and ending at midnight.

(vi) Engineer-in-Charge/Engineer: means the Engineering Officer nominated by the Employer or its duly authorised representative to direct, supervise and be incharge of the works for the purpose of this contract.

(vii) General Manager or Chief Engineer: means the General Manager or the Chief Engineer of the Employer, as the case may be.

(viii) Letter of Award or Acceptance: means a letter from the Employer/Engineer-in-Charge conveying the acceptance of the tender/offer subject to such reservations as may have been stated therein.

(ix) Specifications: means the Technical specification of the Works included in the Contract and any modification thereof or addition thereto made or submitted by the Contractor and approved by the Engineer.

(x) Sub-contractor: means any person named in the Contract as a Subcontractor for a part of the Works or any person to whom a part of the Works has been subcontracted with the consent of the Employer and the legal successors in title to such person, but not any assignee of any such person.

(xi) Cost : means all expenditure properly incurred or to be incurred, whether on or off the Site, including overhead and other charges properly allocable thereto but does not include any allowance for profit.

(xii) Bill of Quantities or Schedule of Quantities & Prices: means the priced and completed bill of quantities forming part of the Contract.

(xiii) Time for Completion: means the time for completing the execution of the Works or any Section or part thereof as stated in the Contract calculated from the Commencement Date.

(xiv) Site: means the land and/or other places, on or through which the works are to be executed including any other lands or places which may be allotted for the purpose of the contract.

(xv) Week: means seven consecutive calendar days.

(xvi) Work or Works: means Permanent Works and/or Temporary Works to be executed in accordance with the Contract.

(xvii) Plant: means machinery, apparatus and like intended to form or forming part of Works.

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CLAUSE-2: INTERPRETATIONS

2.1 Words imparting the singular only shall also include the plural; he includes she and vice versa unless this is repugnant to the context. Unless specifically defined, words shall have normal meaning under the language of Contract.

2.2 Heading and marginal notes in these Terms & Conditions shall not be deemed to form part thereof or be taken into consideration in the interpretation thereof of the Contract.

2.3 Any error in description, quantity or price in Bill of Quantities or any omission there from shall not vitiate the Contract or release the Contractor from execution of the whole or any part of the Works comprised therein according to Scope of works & Specifications or from any of his obligations under the Contract.

2.4 In the case of discrepancy between the Letter of acceptance issued by Employer, Terms & Conditions of Contract, Technical Specifications, Scope of works and/or Bill of Quantities and other documents of Contract the following order of precedence shall prevail:

a) Agreement

b) Letter of Acceptance/LOA issued by Employer;

c) Terms & Conditions of Contract;

d) Scope of Works;

e) Bill of Quantities;

f) Contractor’s Bid;

g) Any other document forming part of the Contract;

3. SECURITY DEPOSIT FOR PERFORMANCE

3.1 The contractor has to submit Security Deposit for Performance for an amount equal to Five (05) percent of the contract value, within Thirty (30) days from the date of issue of Letter of intent/award, in any one of the following forms:

(i) In the form of Crossed Bank Demand Draft/ Banker’s Cheque drawn in favour of “NHDC Ltd.”, preferably payable at SBI, Branch Narmada Nagar (branch code 08522), OR

(ii) In the form of Bank guarantee, from an Indian Nationalized Bank, or, State Bank of India, or, any Scheduled Bank (provided such scheduled Bank certifies that the guarantees given are within the limits prescribed by the Reserve Bank of India) as per the format prescribed, by way of guarantee, for the due and faithful performance of the agreement and Letter of Intent/ Letter of Award along with the other terms and conditions as mutually agreed to. Such guarantees shall be valid and binding, notwithstanding such variations, alternations, or extensions of time as may be made, given, conceded or agreed under these conditions, during the Ninety (90) days beyond the defect liability period of the work. The Contractor shall, at his own cost, get the validity period of bank guarantee furnished by him, extended from time to time, till extended defect liability period, if any, and shall furnish the extended/revised Bank Guarantee to the Purchaser, one month before the expiry date of the original bank guarantee, or any extension thereof. In case the Purchaser does not receive the extended/revised Bank Guarantee within the specified period of one month, the Purchaser entirely at his discretion shall be at liberty to encash the aforesaid bank guarantee. Bank Guarantee or extension thereof should reach to the Engineer-in-Charge directly from issuing bank.

3.2 In case of non-submission of Security Deposit for Performance, same shall be deducted by the Engineer-in-charge from the first account bill of the contractor @ Five (05) percent of the contract value.

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EMD shall be returned on submission of Security Deposit for Performance within Thirty (30) days from the date of submission of Security Deposit for Performance.

3.3 Failure of the Contractor to submit Security Deposit for Performance shall constitute sufficient grounds for cancellation of the award and forfeiture of the Earnest Money. He will also be debarred from participating in bids invited by the Project for one year.

3.4 All compensation or other sums of money payable by the contractor under the terms of this contract or any other contract or on any other account whatsoever may be deducted from and paid by NHDC out of his security deposit. Also in the event of contractor’s security deposit being reduced by reasons of such deductions, the Contractor shall, within 14 days of receipt of notice of demand from the Engineer-in-charge, make good the deficit in the security deposit or it will be made good by deductions from his subsequent RA bills /due payments.

3.5 In case the contract period is further extended resulting in increase in contract sum, the additional security deposit @ 5% shall be deducted from subsequent RA bills during extended period. This security amount deduction shall be in addition to the Performance Security Deposit furnished by the contractor in accordance with the relevant clause.

4. REFUND OF SECURITY DEPOSIT

The security deposit shall be returned to the Contractor within 30 days after expiry of defect liability period, provided the Engineer-in-charge is satisfied that there is no demand outstanding against the Contractor, & fulfillment of all statutory liabilities by the Contractor. No interest shall be paid to the Contractor on Security Deposit.

5. SUFFICIENCY OF TENDER: The Contractor shall be deemed to have satisfied himself before tendering as to, the correctness and sufficiency of his tender for the works and of the rates quoted in the schedule of Quantities and prices which shall (except as otherwise provided in the contract), cover all his obligations under the contract and all matters and things necessary for the proper execution and completion of the work in accordance with the provisions of the contract.

6. CONTRACT DOCUMENTS : The language(s) in which the contract documents shall be drawn up shall be English and if the said documents are written in more than one language, the language according to which the contract is to be construed and interpreted shall be English and designated as the 'Ruling Language.'

The contractor shall be furnished; free of charge, certified true copies of the contract Documents. The Contractor shall use none of these Documents for any purpose other than that of this contract

7. TENDER PRICES

7.1 The prices as quoted in the “Schedule of Quantities & Prices” shall be inclusive of all prevalent taxes including service tax, licenses, duties, levies, insurance, transportation of consumables, materials, labours and other charges as levied by various authorities and any increase thereon during the currency of the contract. The prices shall be firm & fixed and no price variation or escalation shall be admissible under any circumstances. However, if rate of service tax increases or a new tax or duty or levy (other than that existing on the day 28 days preceding the stipulated last date for receipt of tenders) is imposed under a statute or law during the currency of contract and the Contractor becomes liable to and actually pays the same, then the Contractor shall immediately notify the Engineer-in-charge in this regard. The corporation will reimburse the same to the Contractor on production of satisfactory proof of payment. If rate of service tax decreases during currency of the contract, then benefit shall accrue to NHDC.

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While quoting the rates, present market trend must be taken into consideration so as to ensure

quality rendering of services.

7.2.1 All applicable taxes/ duties including Service Tax as assessed on the Employer/ Corporation shall also be included in the prices/rates, which, shall be deducted from the Contractor and deposited to the concerned authority by the Employer.

7.2.2 The contractor shall pay to the deployed personnel at least minimum wages as notified by the Chief Labour Commissioner (C.), Ministry of Labour & Employment, New Delhi for Narmada Nagar region (Area - C) or by the Labour Commissioner, Indore whichever is higher, and other statutory payments including Bonus plus additional compensation as given in Annexure I. Same shall continue to be in force till the additional compensation of individual person gets neutralized with the increase in Minimum Wages.

Whenever there is an increase in Minimum Wages till neutralization of additional compensation, the Employer’s Contribution to PF @ 13.36 % of increase in Minimum Wages w.r.t the minimum wages mentioned in Annexure I, shall only be reimbursed to the contractor.

Further, whenever there is an increase in Minimum Wages and/or Bonus, beyond the neutralization of additional compensation, the same along with corresponding overhead @5% on increased minimum wages only and employer’s contribution to PF towards increased wages @ 13.36% shall be reimbursed to the contractor.

7.2.3 The invoice/bill submitted by the contractor shall be serially machine numbered. The invoice shall clearly mention the description of service and value of taxable service and service tax payable thereon. Service tax registration number shall be clearly mentioned in the invoice/bill.

8 PAYMENT TERMS

8.1.1 Manager (Finance), ISPS shall be the paying authority for this contract.

8.1.2 The contractor shall submit interim monthly bills to the Engineer-In-Charge in the first week of every month for the work done/ services provided by him during the preceding month under this contract along with following documents-

8.1.3 Self attested copies of PF challans for the PF contributions deposited by him in respect of the personnel’s deployed during preceding month, which should be matching with disbursement of wages and copy of ECR duly verified by Engineer-in-Charge.

8.1.4 Attendance sheet of the personnel deployed for execution of work under this contract during the preceding month duly signed and verified by the contractor.

8.1.5 Proof of disbursement of wages to the personnel deployed for execution of work under this contract corresponding to the bill and in accordance with the Annexure I (Schedule of payment of Wages) of Section IV schedule of works/ terms & conditions of contract.

8.1.6 A declaration in the prescribed format in respect of disbursement of wages duly signed by the contractor.

8.2 The Engineer-In-Charge shall certify the amount to which the contractor is considered entitled by way of interim payment for the services provided under this contract and process the same for release of monthly payment to the contractor.

8.3 Payment against the interim bills shall be released to the contractor within 15 days from the date of submission of interim bill along with all the requisite documents.

8.4 All payment will be made in Indian Rupees, unless otherwise specified in the contract. All payments shall be made through ECS/ RTGS/ NEFT/ Net Banking. Bank charges shall be borne by the contractor. Subject to any deduction, which the Corporation may be authorized, to make under the contract, and/or any additions or deductions provided for in this contract, the contractor shall be entitled to payment as per the Schedule of Quantities and Prices.

8.5 The final bill shall be submitted by the Contractor within one month of the date fixed for completion of the Work or of the date the Certificate of Completion furnished by the Engineer-in-Charge. No

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further claim in this regard unless as specified herein under shall be entertained. Payment shall be made within 6 months, of the submission of Final bill. If there shall be any dispute about any item or items of the work then the undisputed item or items only shall be paid within the said period of six months. The Contractor shall submit a list of the disputed items within thirty days from the disallowance thereof and if he fails to do so, his claim shall be deemed to have been fully waived and absolutely extinguished. Provided further the Employer shall not be liable to the Contractor for any matter or thing arising out of or in connection with the Contract or execution of the Works, unless the Contractor shall have included a claim in respect thereof in his Final Bill.

8.6 INCOME TAX: - Income tax as applicable shall be deducted at source as per prevalent rates in force and will have to be borne by the Contractor. TDS Certificate will be issued as per the prevalent norms of the Corporation/Government.

8.7 COMMERCIAL TAX: Commercial Tax/ Work contract tax if applicable shall be deducted at source as per prevalent rates in force and will have to be borne by the Contractor. TDS Certificate will be issued as per the prevalent norms of the Corporation/Government.

9. DUTIES AND POWERS OF ENGINEER-IN-CHARGE’S REPRESENTATIVE

9.1 The Engineer-in-Charge may, from time to time, in writing, delegate to his representative any of the power and authorities, vested in the Engineer-in-Charge and shall furnish to the contractor a copy of all such written delegation of powers and authorities. Any written instruction or written approval given by the representative of the Engineer-in-charge to the contractor within the terms of such delegation shall bind the contractor and the Corporation as though it has been given by the Engineer-in-Charge.

9.2 If the contractor is dissatisfied with any decision of the representative of the Engineer-in Charge he will be entitled to refer the matter to the Engineer-in-Charge, who shall thereupon confirm reverse or vary such decision and the decision of the Engineer-in-Charge in this regard shall be final and binding on the contractor.

10. LABOUR

10.1 The Contractor shall employ labour in sufficient numbers to maintain the required rate of progress and quality to ensure workmanship of the degree specified in the Contract. The Contractor shall not employ in connection with the works any person who has not completed eighteen years of age. The Contractor is encouraged, to the extent practicable and reasonable, to employ staff and labour with appropriate qualifications and experience from the region of the project. Unskilled labour shall be recruited preferably from local region only.

10.2.1 The contractor shall furnish the details of the accidents that occurred during the said fortnight showing the circumstances under which they happened and the extent of damage and injury caused by them;

10.2.2 The contractor shall furnish the number of female workers who have been allowed maternity benefit as provided in the Maternity Benefit Act, 1961 or Rules made thereunder.

10.3 The Contractor shall ensure to obtain the EPF code number from the concerned authorities before start of work.

10.4 During continuance of the Contract, the Contractor shall abide at all times by all existing labour enactments and rules made thereunder, regulations, notifications and bye laws of State or Central Government or local authority and any other labour law (including rules), regulations, bye laws that may be passed or notification that may be issued under any labour law in future either by the State or the Central Government or the local authority. The Contractor shall keep the Employer indemnified in case any action is taken against the Employer by the competent authority on account of contravention by the Contractor of any of the provisions of any Act or rules made thereunder, regulations or notifications including amendments. If the Employer is caused to pay or reimburse, such amounts as may be necessary to cause or observe, or for non-observance of

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the provisions stipulated in the notifications/bye laws/Acts/rules/regulations including amendments, if any, on the part of the Contractor, the Engineer/Employer shall also have right to recover from the Contractor any sum required or estimated to be required for making good the loss or damage suffered by the Employer.

The employees of the Contractor and his sub-contractor in no case shall be treated as the employees of the Employer at any point of time.

Salient features of some of the major labour laws that are applicable to construction industry are given below.

(i) Workmen Compensation Act 1923 as amended by Amendment Act No.65 of 1976

The Act provides for compensation in case of injury or death by accident arising out of and during the course of employment.

(ii) Payment of Gratuity Act 1972

Gratuity is payable to an employee under the Act on satisfaction of certain conditions on separation if an employee has completed 5 years service or more or on death or on retirement or superannuation at the rate of 15 days wages for every completed year of service. The Act is applicable to all establishments employing 10 or more employees.

(iii) Employees PF and Miscellaneous Provision Act 1952 including FPS-71/EPS-95

The Contractor is required to possess PF Code from the concerned Regional Provident Fund Commission. The benefits payable under the Act are:

(a) Pension or family pension on retirement or death as the case may be.

(b) Deposit linked insurance on the death in harness of the worker.

(c) Payment of PF accumulation on retirement/death etc.

(iv) Maternity Benefit Act 1961 (Amended)

The Act provides for leave and some other benefits to women employees in case of confinement or miscarriage etc.

(v) Contract Labour (Regulation and Abolition) Act 1970 with Rules framed there under as amended

Contractor is required to comply the Contract Labour (Regulation and Abolition) Act 1970 with Rules framed there under as amended.

(vi) Minimum Wages Act 1948 (Amended)

The Contractor is to pay not less than the Minimum Wages fixed by appropriate Government as per provisions of the Act.

(vii) Payment of Wages Act 1936 (Amended)

It lays down as to by what date the wages are to be paid, when it will be paid and what deductions can be made from the wages of the workers.

(viii) Equal Remuneration Act 1979

The Act provides for payment of equal wages for work of equal nature to male and female workers and not for making discrimination against Female employees in the matters of transfers, training and promotions etc.

(ix) Payment of Bonus Act 1965 and Amendment Act No. 43 of 1977 and No. 48 of 1978 and Amendment Act, 2015 No. 6 of 2016 and any amendments thereof.

The Act is applicable to all establishments employing 20 and more workmen. The Act provides for payments of annual bonus as per provision of labour laws and regulations

(x) Industrial Disputes Act 1947(Amended)

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The Act lays down the machinery and procedure for resolution of industrial disputes, in what situations a strike or lock-out becomes illegal and what are the requirements for laying off or retrenching the employees or closing down the establishment.

(xi) Industrial Employment (Standing Orders) Act 1946 (Amended)

It is applicable to all establishments employing 100 or more workmen (employment size reduced by some of the States and Central Government to 50). The Act provides for laying down rules governing the conditions of employment by the Contractor on matters provided in the Act and get the same certified by the designated Authority.

(xii) Trade Unions Act 1926

The Act lays down the procedure for registration of trade unions of workmen and employers. The trade unions registered under the Act have been given certain immunities from civil and criminal liabilities.

(xiii) Child Labour (Prohibition and Regulation) Act 1986

The Act prohibits employment of children below 14 years of age in certain occupations and processes and provides for regulation of employment of children in all other occupations and processes. Employment of child labour is prohibited in Building and Construction Industry.

(xiv) Inter-State Migrant Workmen's (Regulation of Employment and Conditions of Service) Act 1979

The Act is applicable to an establishment, which employs 5 or more inter-state migrant workmen through an intermediary (who has recruited workmen in one state for employment in the establishment situated in another state). The inter-state migrant workmen, in an establishment to which this Act becomes applicable, are required to be provided certain facilities such as housing, medical aid, traveling expenses from home upto the establishment and back, etc.

(xv) The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act 1996 and the Cess Act of 1996

All the establishments who carry on any building or other construction work and employs 10 or more workers are covered under this Act. All such establishments are required to pay cess at rate not exceeding 2% but not less than 1% of the cost of construction as may be notified by the Government. The Contractor to whom the Act applies has to obtain a registration certificate from the Registering Officer appointed by the Government.

(xvi) The Factories Act 1948

The Act lays down the procedure for approval of plans before setting up a factory, health and safety provisions, welfare provisions, working hours, annual earned leave and rendering information regarding accidents or dangerous occurrences to designated authorities. It is applicable to premises employing 10 persons or more with aid of power or 20 or more persons without the aid of power engaged in manufacturing process.

(xvii) The Personal Injuries (Compensation Insurance) Act, 1963 and any modifications thereof and rules made there under from time to time.

10.5 The Engineer-in-Charge shall on a report having been made by an authorised Inspecting Officer as defined in the Contract Labour (Regulation and Abolition) Act and Rules or on his own in his capacity as Principal Employer, have the power to deduct from the amount due to the Contractor any sum required or estimated to be required for making good the loss suffered by worker(s) by reasons of non-fulfillment of the conditions of the Contract for the benefit of workers, non-payment of wages or of deductions made by him from wages which are not justified by the terms of the contract or non-observance of the relevant Acts and Rules with amendments made from time to time. If the Employer makes payment to Contractor’s labour due to non-payment of

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wages to labour by the Contractor, the Employer shall recover the amount thus paid plus 15% towards interest and administration charges from the next Interim Bill of the Contractor.

10.6 The Contractor shall indemnify the Employer against any payments to be made under and for observance of the Regulations, Laws, Rules as stipulated in clause 10.4 above without prejudice to his right to claim indemnity from his sub-contractors. In the event of the Contractor's failure to comply with the provisions of sub-clause 10.4 or in the event of decree or award or order against the Contractor having been received from the competent authority on account of any default or breach or in connection with any of the provisions of sub-clause 10.4 above, the Engineer-in-Charge, without prejudice to any other right or remedy under the Contract, shall be empowered to deduct such sum or sums from the bills of the Contractor or from his Security Deposit or from other payments due under this contract or any other Contract to satisfy within a reasonable time the provisions of the various Acts/Laws/Rules/Codes as mentioned under sub-clause 10.4 above, on the part of the Contractor under the Contract on behalf of and at the expenses of the Contractor and make payment and/or provide amenities/facilities/services accordingly. In this regard, the decision of the Engineer-in-Charge shall be conclusive and binding on the contractor.

10.7 In the event of any injury, disability or death of any workmen in or about the work employed by the Contractor either directly or through his sub-contractor, Contractor shall at all times indemnify and save harmless the Employer against all claims, damages and compensation under the Workmen Compensation Act, 1923 as amended from time to time or in other law for the time being in force and rules there under from time to time and also against all costs, charges and expenses of any smooth action by proceedings arising out of such accidents or injury, disability or death of a workmen and against all sum or sums which may with the consent of the Contractor be paid to compromise or compound any claim in this regard. If any award, decree or order is passed against the Contractor for recovery of any compensation under the Workmen Compensation Act, 1923, for any injury, disability or death of a workman by any competent court, the said sum or sums shall be deducted by the Engineer-in- charge from any sum then due or that may become due to the Contractor or from his Security Deposit or sale thereof in full or part under the Contract or any other contract with the Employer towards fulfillment of the said decree, award or orders.

10.8 Provided always that the Contractor shall have no right to demand payments/claims whatsoever on account of his compliance with his obligations under this clause and Labour Regulation.

11. DISCIPLINE, DEPLOYMENT & ELIGIBILITY OF PERSONNEL

11.1 Before deployment of personnel, contractor shall check and verify the antecedents of the personnel deputed on duty, and the liability of the conduct & discipline of the personnel shall rest with the contractor. All the persons deployed under this contract shall be of good character, well-behaved, disciplined and shall not be allowed to come for duty under the influence of alcohol or prohibited drugs.

11.2 The contractor shall employ only such persons as are skilled for carrying out the assigned jobs as detailed in the ‘Scope of Work”. The contractor shall submit the particulars of all personnel deployed such as Name, Father's name, Present address, Permanent address, & Educational Qualification along with 2 photos, with the Engineer-in-charge of this contract. It is mandatory on the part of contractor to get the police verification of the employed personnel done and give one copy of police verification so carried out to the Engineer-in-charge.

11.3 The Contractor shall submit fitness certificate as per the Form 32 of the Madhya Pradesh Factories Rules, 1962 in respect of each & every personnel deployed by them under this contract. Further, a health register as per Form 21 of The Madhya Pradesh Factories Rules, 1962 shall have to be maintained by the Contractor.

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11.4 The Engineer-in-Charge shall be at liberty to object to and require the contractor to remove from the work, any person(s) employed by the contractor who in the opinion of the Engineer-in-Charge, misconducts himself or is incompetent or negligent in the proper performance of his duties. The contractor shall forthwith comply with such requisition and such person shall not be deployed again without prior permission of the Engineer–in- Charge. Any person so removed shall be replaced immediately. Selection of suitable manpower and then relevant education discipline, relevant experience etc. will be the discretion of Engineer-in-Charge.

11.5 In the event of change/transfer of personnel, contractor shall immediately intimate the Engineer-in-charge about the same & the particulars regarding person being deployed against replacement shall also be submitted upon replacement of personnel.

11.6 The deployment of personnel under the contract shall be done at the designated locations in the manner as called for under the scope of work of this tender and in accordance with the directions of Engineer-in-charge. For this purpose, necessary entry passes shall be issued as per procedure.

11.7 The eligibility requirements in respect of personnel to be deployed under this contract are as follows:-

The contractor shall deploy only such personnel having adequate qualification and experience as detailed in ‘Scope of Work’ and fluency in Hindi. The contractor shall submit the copy of experience certificate of deployed personnel for the evidence of proof of experience.

The personnel so deployed must be mentally and physically fit.

12. MEDI-CLAIM POLICY

12.1 The contractor will be required to obtain group mediclaim policy effective from date of start of work for indoor treatment up to ` 50,000/- in each year for total No. of workmen within 30 days from the date of issue of LOA from a nationalized company. The amount so paid by the contractor will be reimbursed against documentary evidence of payment. Whenever, the contract is extended, Corporation may reimburse the premium as per availability of the instrument subject to production of documentary evidence.

In the said policy there should be provision that if the insured person shall contract any disease or suffer form any illness or sustain any bodily injury through accident and if such disease or injury shall require the indoor treatment of insured person, the insurance company will make the payment directly to the hospital/nursing home if the indoor treatment taken by the insured person in the paneled/ authorised hospital of Insurance company i.e ‘Cashless system’. If the insured person gets treatment from other than paneled/authorised Hospital/Nursing Home, the insurance company will pay/reimburse the insured person the amount of such expenses as are reasonably and necessary incurred by the insured person are on behalf of him/her. The Contractor shall ensure that the Insurance Company must clearly specify the names of the diseases, which will cover for under treatment and names of empanelled hospitals of the insurance company and should be well circulated among the workmen.

13. INSURANCE & OTHER LIABILITIES

The contractor shall obtain and submit to the Engineer-in-charge, workmen compensation policy

of appropriate value for the contract period for the personnel deployed under the contract to

cover the risk of damage, accident/ death effective from the date of start of work as mentioned

in Letter of Award. Quoted rates mentioned in BOQ are inclusive of Premium for insurance policy

Whenever, the contract is extended, Corporation may reimburse the premium as per availability of the instrument subject to production of documentary evidence.

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14. LABOUR SAFETY

It shall be the duty of the contractor to observe all safety precautions for the workmen as may be required. Contactor shall solely be responsible for liabilities on account of accidents/mishaps (if any). All Security norms are to be followed as the work is to be carried out in prohibited area.

15. ACCOMMODATION

The necessary arrangement for accommodation of the personnel deployed shall have to be arranged by the Contractor & no extra payment on such account shall be made by NHDC. However, accommodation, if available, will be provided by NHDC on Contractors’ request on chargeable basis, in accordance with the rates as decided by the Corporation.

The above accommodation shall be with the Electric Connection and the Contractor have to pay for Electric consumption for the accommodation so provided to them as per prevailing rate of NHDC/ MPSEB, as applicable.

To and fro travelling expenses of Contractor/ deployed personnel upto Narmada Nagar for work purpose shall be deemed to be included in the quoted prices and no extra payment whatsoever in this regard paid by the Corporation.

16. DISBURSEMENT OF WAGES TO PERSONNEL DEPLOYED

The contractor shall disburse the monthly salary/wages to the personnel’s deployed under this contract as per provisions of contract, on or before 7th day of every month through any Nationalized Bank at Narmada Nagar by depositing salary in to individual account or as directed by the Engineer-in-charge and issue wage slip.

17. CONTRACT PERIOD AND EXTENSION THEREOF

The contractor shall be required to consistently execute, in a successful and professional manner, the jobs assigned under this contract, to the satisfaction of and as directed by the Engineer-in-charge up to a period mentioned in ‘Schedule-D’ of Section-IV, TF&S from the date as notified in the Letter of Award and may be extended for further period on satisfactory performance by the contractor. In case extension is required, the contractor is to execute the work on the same terms and conditions of the contract as the work is essential in nature.

18. OVER PAYMENTS AND UNDER PAYMENTS

Whenever any claim whatsoever for the payment of sum of money to the Corporation arises out of or under this contract against the contractor, the same may be deducted by the Corporation from any sum then due or which at any time thereafter may become due to the contractor under this contract and failing that under any other contract with the Corporation or from any other sum whatsoever due to the contractor from the Corporation or from his security deposit, or he shall pay the claim on demand. Any sum of money due and payable to the contractor (Including the security deposit returnable to him) under the contract may be withheld or retained by way of lien by the Engineer-in-Charge or Corporation against any claim of the Corporation or such other person or persons in respect of payments of a sum of money arising out of or under any other contract made by the contractor with the Engineer-in-Charge or Corporation or with such other person or persons.

The sum of money so withheld or retained under this clause by the Engineer-in-Charge or Corporation will be kept withheld or retained as such by the Engineer-in-Charge or Corporation or till his claim arising out of in the same contract or any other contract is either mutually settled or determined by the arbitrator.

19. DEVIATIONS

The Engineer-in-charge shall have powers to make any deviations in the quantities of “Schedule of Quantities & Prices”. Such deviation in the schedule of quantities and prices shall in no way vitiate or invalidate the contract and any such deviations, which the contractor may be directed

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to do, shall form integral part of the contract as if originally provided therein and the contractor shall carry out the work, on the same terms & conditions.

20. ASSIGNMENT & SUBLETTING

The contractor shall not sub-let, transfer or assign the whole or any part of the work under the contract.

21. AGREEMENT

Within Thirty (30) days from the date of issue of Letter of Award of the work, the contractor shall execute the deed of agreement on stamp paper of requisite value as per prescribed format. The contractor shall be furnished with a copy of executed agreement duly signed by the authorized officer of the Corporation and contractor.

22. LIQUIDATED DAMAGES

22.1 In case of failure on part of the contractor to provide/arrange manpower services for execution of job assigned and directed by the Engineer-in-charge, liquidated damages @ 5% of the value of such manpower services including contractor’s overhead & profit (shall be considered @ 10%), which has not been executed/provided, shall be recovered not by the way of penalty, by the Corporation from the monthly bills of the contractor, in addition to the non-payment of value of such manpower services including contractor’s overhead & profit (i.e. contractor’s profit & overhead @ 10%).

22.2 In addition to above, if the contractor fails to provide Safety Shoes and Uniform to all the personnel deployed by them for execution of this work within one month of award / start of the work, Contractor shall be liable to pay Compensation @ ` 1000/- per month, for each completed month delay. Maximum allowed time period (for supply with compensation) shall be 2 months from the due date and after which the item shall be considered as non-supplied. Thereafter, these non-supplied items will be procured by Corporation from the market at risk & cost of the contractor and the amount @ 1.1 times of the expenditure incurred shall be recovered from the amount due to the contractor for any/ all unsupplied items as the case may be.

22.3 In addition to above, if the contractor fails to make payment of wages to the labourer deployed by him for execution of work upto 7th of every month, he shall be liable to pay compensation @ 0.25% of monthly wages (NON DISBURSED PORTION) per day delay.

22.4 The amount of compensation may be adjusted/withheld/deducted or set off against any sum due or payable to the contractor under this or any other contract with the Corporation.

23. TERMINATION OF CONTRACT ON DEFAULT BY THE CONTRACTOR

If the contractor commits default in complying with or commits breach of any of the terms and conditions of the contract and does not remedy it or take effective steps to remedy it immediately and not later than 10 days in any case after a notice in writing is given to him by the Engineer-in-Charge, the Engineer-In-Charge shall have power to terminate the contract by giving 15 days notice and carryout the balance services by any means or through any other agency at the risk and cost of the contractor till completion period of the contract.

24. COMPLIANCE OF PROJECT SECURITY RELATED ISSUES

The contractor shall have to ensure issuance of entry passes/ badges/ tokens in respect of the workmen and the material/equipment intended for bonafide usage under this contract, for access to project site during the stipulated period of contract. He shall be required to furnish to the Engineer-in-Charge, the antecedent particulars of their supervisor, workmen along with their recent photographs and other relevant particulars, as deemed necessary for getting the entry passes/ badges/ tokens issued from the concerned authority. The contractor shall also mention in their application for issuance of passes, the likely site areas he needs to access for execution of works.

TCC 12

The contractor shall also be required to furnish complete particulars of the material/ equipment taken to the site and assist the security personnel in physical verification of the same during unloading/loading inside the site premises. The contractor shall be allowed to takeover any scrap material or his equipment from the project site during execution and after completion of works, subject to certification by the concerned Engineer-in-Charge or his authorized representative.

The contractor shall also be liable for getting the validity period of such entry passes/badges/tokens issued in r/o their workmen/material/equipment, duly extended from time to time, in case of contractual extension beyond the stipulated period.

In case of mutilation/ damage of the entry passes/ badges/ tokens, the contractor shall have to surrender the same and apply in writing, for re-issuance of the same by the concerned authority.

It shall also be mandatory on part of the Contractor to surrender of all such entry passes/ badges/ tokens to the concerned authority, issued in their favour, after completion of the contractual works, failing which the Engineer in Charge shall be at the liberty to withheld any outstanding payments due to the contractor and/ or refund of security deposit/ PBG furnished by the Contractor under this contract, or, for that matter any other contract awarded in his favour at Indira Sagar Power Station.

Further, in case of loss/ theft of such badges/ tokens/ passes the contractor shall be required to formally lodge FIR intimating such loss to local Police and enclose self attested copy of FIR with his application for re-issuance of passes/badges by the concerned authority. The Contractor shall be fully responsible for any liability arising henceforth from misuse of the lost passes/badges/tokens.

25. COMMENCEMENT OF WORK

The Contractor shall commence the Work(s) from the date of start as mentioned in Letter of Award and shall proceed with the same with the expedition and without delay as may be expressly sanctioned or ordered by the Engineer-in- charge. If the Contractor commits default in the commencement of work within 30 days of issue of Letter of Acceptance, the Engineer-in-Charge shall without prejudice to any other right or remedy be at liberty to cancel the Contract and forfeit the earnest money.

26. CONTRACTOR'S SUPERVISION

The contractor or his authorized representatives present at the site(s) shall superintend the execution of the works with such additional assistance in each trade, as the work involved shall require and considered reasonable by the Engineer-in-Charge. Directions/instructions given by the Engineer-in-Charge to the Contractor's authorized representatives shall be considered to have the same force as if these had been given to the Contractor himself.

27. INSTRUCTIONS AND NOTICES

27.1 Except as otherwise provided in this Contract, all notices to be given on behalf of the Employer and all other actions to be taken on its behalf may be given or taken by the Engineer-in-Charge or any officer for the time being entrusted with the functions, duties and powers of the Engineer-in-Charge.

27.2 All instructions, notices and communications etc. under the contract shall be given in writing and any such oral orders/instructions given shall be confirmed in writing and no such communication which is not given or confirmed in writing shall be valid. The contractor shall provide working fax no. and valid e-mail id of himself and its authorized representative for the prompt and effective communication.

27.3 Either party may change a nominated address to another address by prior notice to the other party.

27.4 The Engineer-in-Charge shall communicate or confirm the instructions to the Contractor in respect of the execution of work in a `Work Site Order Book' maintained in the office of the Engineer-in-

TCC 13

Charge or his representative and the Contractor or his authorised representative shall confirm receipt of such instructions by signing the relevant entries in this book. If required by the Contractor, he shall be furnished a certified true copy of such instruction(s).

28. PATENT RIGHTS

The Contractor shall indemnify the Employer, its representatives or its employees against any action, claim or proceedings relating to infringement or use of any patent or design or any alleged patent or design rights and shall pay any royalties or other charges which may be payable in respect of any article or material or part thereof included in the Contract. In the event of any claim being made or action being brought against the Employer or any agent, servant or employee of the Employer in respect of any such matters as aforesaid, the Contractor shall immediately be notified thereof. Provided that such indemnity shall not apply when such infringement has taken place in complying with the specific directions issued by the Employer, but the Contractor shall pay any royalties or other charges payable in respect of any such use, the amount so paid being reimbursed to the Contractor only if the use was the result of any drawings and/or specifications issued after submission of the tender.

29. TERMINATION OF CONTRACT ON DEATH

If the Contractor is an individual or a proprietary concern and the individual or the proprietor dies, or if the Contractor is a partnership concern and one of the partners dies, then, unless the Engineer-in-Charge is satisfied that the legal representatives of the individual Contractor or of the proprietor of the proprietary concern and in the case of partnership, the surviving partners are capable of carrying out and completing the contract, the Engineer-in-Charge shall be entitled to terminate the Contract as to its uncompleted part without the Employer being in any way liable to payment of any compensation whatsoever on any account to the estate of the deceased Contractor and/or to the surviving partners of the Contractor's firm on account of termination of the Contract. The decision of the Engineer-in-Charge that the legal representatives of the deceased Contractor or the surviving partners of the Contractor's firm cannot carry out and complete the Works under the Contract shall be final and binding on the parties. In the event of such termination, the Corporation shall not hold the estate of the deceased Contractor and/or the surviving partners of the Contractors firm liable for damages for not completing the Contract. Provided that the power of the Engineer-in- charge of such termination of contract shall be without prejudice to any other right or remedy, which shall have accrued or shall accrue to him under the Contract.

30. CONTRACT MATTERS TO BE TREATED AS CONFIDENTIAL

30.1 All documents, correspondence, decisions and orders concerning the Contract shall be considered as confidential and/or restricted in nature by the Contractor and he shall not divulge or allow access to them by any unauthorised person.

30.2 The Contractor shall take necessary steps to ensure that all persons employed on any work in connection with this Contract have noted that the Indian Official Secret Act, 1923 (XIX of 1923) applies to them and shall continue so to apply even after the execution of such Works under the Contract.

31. LAWS GOVERNING THE CONTRACT

Unless otherwise hereinafter provided, this Contract shall be construed, interpreted and governed by laws of India.

32. COURT OF COMPETENT JURISDICTION

Any action taken or proceedings initiated on any of the terms of this Agreement shall be only in the Court of Competent Jurisdiction under the High Court of Madhya Pradesh at Jabalpur.

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33. PROCEDURE FOR CLAIMS

33.1 Except as otherwise provided in any other provision of the Contract, if the Contractor intends to claim any additional payment pursuant to any Clause of these Conditions or otherwise, he shall give notice of his intention to the Engineer, within 28 days after the event giving rise to the claim has first arisen.

33.2 Upon the happening of the event referred to in Sub-Clause 33.1, the Contractor shall keep such contemporary records as may reasonably be necessary to support any claim he may subsequently wish to make. Without necessarily admitting the Employer's liability, the Engineer-in-Charge shall, on receipt of a notice under Sub-Clause 33.1, inspect such contemporary records and may instruct the Contractor to keep any further contemporary records as are reasonable and may be material to the claim of which notice has been given. The Contractor shall permit the Engineer-in-Charge to inspect all records kept pursuant to this Sub-Clause and shall supply him with copies thereof as and when the Engineer so instructs.

33.3 Within 28 days, or such other reasonable time as may be agreed by the Engineer-in-Charge, of giving notice under Sub-Clause 33.1, the Contractor shall send to the Engineer-in-Charge an account giving detailed particulars of the amount claimed and the grounds upon which the claim is based. Where the event giving rise to the claim has a continuing effect, such account shall be considered to be an interim account and the Contractor shall, at such intervals as the Engineer-in-Charge may reasonably require, send further interim accounts giving the accumulated amount of the claim and any further grounds upon which it is based. In cases where interim accounts are sent to the Engineer-in-Charge, the Contractor shall send a final 'account within 28 days of the end of the effects resulting from the event. The Contractor shall, if required by the Engineer-in-Charge so to do, copy to the Employer all accounts sent to the Engineer-in-Charge pursuant to this Sub-Clause.

33.4 The Contractor shall be entitled to have included in any interim payment certified by the Engineer-in-Charge pursuant to Clause 8 such amount in respect of any claim as the Engineer-in-Charge, after due approval of the Employer , may consider due to the Contractor provided that the Contractor has supplied sufficient particulars to enable the Engineer-in-Charge to determine the amount due. If such particulars are insufficient to substantiate the whole of the claim, the Contractor shall be entitled to payment in respect of such part of the claim as such particulars may substantiate to the satisfaction of the Engineer-in-Charge. The Engineer-in-Charge shall notify the Contractor of any determination made under this Sub-Clause.

34.0 SUM PAYABLE BY WAY OF COMPENSATION TO BE CONSIDERED AS REASONABLE WITHOUT REFERENCE TO ACTUAL LOSS

All sums payable by way of compensation to the Employer under any of these conditions shall be considered as reasonable compensation without reference to the actual loss or damage sustained and whether or not damage shall have been sustained.

35.0 ARBITRATION

35.1 Except as otherwise provided in clause-33 above, all questions, dispute or difference in relation to or in connection with the Contract shall be referred for arbitration in the manner provided as under:

(a) Either of the parties may give to the other a notice in writing of the existence of such question, dispute or difference,

(b) In case of dispute or difference, such dispute or difference shall be settled in accordance with the Arbitration and conciliation Act, 1996. The arbitral tribunal shall consist of 3 arbitrators one each to be appointed by the Employer and the Contractor. The third Arbitrator shall be chosen by the two Arbitrators so appointed by the Parties and shall act as presiding arbitrator. In case of failure of the two arbitrators appointed by the parties to reach upon a consensus in choosing the

TCC 15

presiding Arbitrator within a period of 30 days from the appointment of the arbitrators, the Presiding Arbitrator shall be nominated by the president of the Institution of Engineers (India).

(c) If one of the parties fails to appoint its arbitrator in pursuance of sub-clause (b) above within 30 days after receipt of the notice of the appointment of its arbitrator by the other party, then in the first instance the Presiding arbitrator shall be nominated by President of the Institution of Engineers (India). A certified copy of the order of the President of the Institution of Engineers (India), making such nomination shall be furnished to each of the parties. This presiding Arbitrator shall then call upon the defaulting party to nominate its arbitrator within 30 days and on his failure to do so shall appoint the Arbitrator since left to be appointed.

35.2 Arbitration proceedings shall be held at Bhopal and the language of the arbitration proceedings and that of all documents and communications between the parties shall be English. The arbitrators award shall be written speaking award.

35.3 The decision of the majority of arbitrators shall prevail. The cost and expenses of Arbitration proceedings will be paid as determined by the arbitral tribunal. However, the expenses incurred by each party in connection with the preparation, presentation etc. of its proceedings as also the fees and expenses paid to the arbitrator appointed by such party or on its behalf shall be borne by each party itself.

35.4 Performance under the Contract shall continue during the arbitration proceedings and payments due to the contractor by the owners shall not be withheld, unless they are the subject matter of the arbitration proceedings.

Note: In case of contract with another Public Sector Undertaking/Govt. Department, the above said clause shall stand deleted and the following Arbitration clause shall apply:

“35.5 All questions, disputes or differences arising between the Contractor and the Corporation, in relation to or in connection with the Contract shall be referred to arbitration in the manner provided as under:

In the event of any dispute or difference relating to the interpretation and application of the provisions of the Contract, such dispute or difference shall be referred by either party to the Arbitration of one of the Arbitrators in the Department of Public Enterprises to be nominated by the Secretary to the Government of India in charge of the Bureau of Public Enterprises. The Arbitration and Conciliation Act 1996 shall not be applicable to the arbitration under this clause. The award of the Arbitrator shall be binding upon the parties to the dispute, provided, however, any party aggrieved by such award may make a further reference for setting aside or revision of the award to the Law Secretary, Department of Legal Affairs, Ministry of Law and Justice, Government of India. Upon such reference the dispute shall be decided by the Law Secretary or the Special Secretary/Additional Secretary when so authorised by the Law Secretary whose decision shall bind the parties finally and conclusively. The parties to the dispute will share equally the cost of arbitration as intimated by the Arbitrator.

35.6 A notice in writing of the existence of question, dispute or difference in relation to, or in connection with the contract shall be served by either party within 90 (Ninety) days of the first occurrence of any event upon which the said question, dispute or difference is based, failing which all rights and claims of the parties under this contract in relation to or in connection with such question, dispute or difference shall be deemed to have been waived off and thus, forfeited and absolutely barred. The decision of the Engineer-in-Charge with regard to the first occurrence of such event for the purpose of reckoning the said period of limitation shall be final and binding.

35.7 The arbitrator shall make a speaking award.

35.8 The work under this contract shall continue during Arbitration proceedings and no payments due from or payment by the Corporation shall be withheld on account of such proceedings except to the extent which may be in dispute."

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36.0 DETECTION & PREVENTION OF FRAUD AND ACTION THEREOF:

It is expected from the bidders that they will observe the highest standard of ethics during the tendering process and execution of such contract in pursuance of ‘Fraud and Corruption policy’ and furnish Certificate as per TF&S.

(a) For the purpose of this provision, the terms set forth below shall mean as under:

(i) “Corrupt practice” means the offering, giving, receiving or soliciting of any-thing of value to influence the action of a public official in the procurement process or in contract execution; and

(ii) “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 Purchaser, 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 Purchaser of the benefits of free and open competition;

(iii) “collusive practice” means a scheme or arrangement between two or more bidders, with or without the knowledge of the Purchaser, designed to establish bid prices at artificial, non-competitive levels; and

(iv) “coercive practice” means harming or threatening to harm, directly or indirectly, person or their property to influence or affect the execution of a contract;

(b) A Bid may be rejected by the Purchaser if it is determined at any stage that the respective Bidder has engaged in corrupt, fraudulent practice(s), collusive and coercive practices in competing for the contract in question.

(c.) The Purchaser may declare a firm ineligible, either indefinitely or for a stated period of time, if it at any time determines that the firm has engaged in corrupt, fraudulent practice(s), collusive and coercive practices in competing for, or in executing, a contract.

37. BANNING OF BUSINESS DEALINGS It is not in the interest of NHDC to deal with Agencies who commit deception, fraud or other

misconduct in the tendering process. The grounds on which Banning of Business Dealings can be initiated are as follows:

(i) If the security consideration, including questions of loyalty of the Agency to NHDC so warrants; (ii) If the director/ owner of the Agency, proprietor or partner of the firm, is convicted by a court of

law for offences involving moral turpitude in relation to its business dealings with the Government or any other public sector enterprises, during last five years;

(iii) If business dealings with the Agency have been banned by the Department of Power, Government of India;

(iv) If the Agency has resorted to corrupt, fraudulent practises including misrepresentation of facts; (v) If the Agency uses intimidation/ threatening or brings undue outside pressure on NHDC or its

official for acceptance/ performances of the hob under the contract; (vi) If the Agency misuses the premises or facilities of the NHDC, forcefully occupies or damages the

NHDC’s properties including land, water resources, forests/ trees of tampers with documents/ records etc. (Note: The examples given above are only illustrative and not exhaustive. The Competent Authority may decide to ban business dealing for any good and sufficient reason).

The procedure for banning of Business Dealings shall be governed as per NHDC’s “Policy & Procedure for Banning of Business Dealings” enclosed in TF&S.

38. OTHER CONDITIONS

38.1 The contractor shall ensure deployment of minimum fifty six (56) nos. skilled manpower and Sixteen (16) nos. unskilled manpower each day for the execution of works in accordance to the “Scope of work” - section III.

38.2 The contractor shall provide two pair safety shoes and 4 pairs uniform to the each personnel deployed by them as per scope of work – Section-III , one set i.e. 1 pair safety shoes and 2 pairs

TCC 17

uniform at the start of work and other one after completion of one year or, as per the directions of Engineer-in-Charge.

38.3 The contractor shall submit qualification documents if desired by the Engineer-in-charge of the personnel to be deployed, before deployment, for approval.

38.4 The contractor shall submit declaration form in respect of the disbursement of wages as per the direction of Engineer-in-Charge duly filled up and signed and sealed along with RA bills and final bill.

38.5 The contractor shall maintain register of personnel employed, employment card, muster roll, wage register, deduction register etc.

38.6 The contractor shall deposit EPF amount of every work and accordingly issue EPF slip to individual.

38.7 The contractor shall deposit ECR slip in every month as a proof of deposited ECR amount.

38.8 The Contractor shall observe all provisions of labour laws/ Acts & rules made there under enacted either by Central Govt. and / or State Govt. or as applicable to these works and safety rules and regulations of the project and enforce the same. He shall also be responsible for the good conduct of his workers.

38.9 The Contractor shall ensure compliance with the provisions (including the latest provisions) of the Employees Provident Funds Act and other such statutory schemes/acts/rules.

38.10 Police verification of engage manpower including supervisor is to be submitted to Engineer-in-Charge within 01 month of commencement of work.

38.11 Complete bio-data of all the engaged manpower should be submitted to Engineer-in-Charge within 15 days of issue of LOA.

38.12 If any urgent work (in respect whereof the decision of the Engineer-in-Charge shall be final and binding) becomes necessary, the contractor shall execute the same as may be directed.

38.13 The contractor shall ensure that there is no loss or damage to the property of Corporation while executing the contract. In case, it is found that there is any such loss/damage due to direct negligence/non performance of duty by any personnel, the amount of loss/damage so fixed by the Corporation shall be recovered from any dues of the contractor.

38.14 The Contractor shall, in accordance with the requirements of the work as decided by the Engineer-in-Charge, afford all reasonable facilities to other contractors engaged contemporaneously on separate contracts and for departmental labour and labour of any other properly authorised authority or statutory body which may be employed at the site for execution of any work not included in the Contract or of any contract which the Employer may enter into in connection with or ancillary to the works. In all matters of conflict of interest, the Engineer-in-Charge shall direct what compromise should be made and his decision shall be final and binding on the parties.

38.15 Defect liability period for the entire work shall be one (01) month from the certified date of completion.

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SoW 0

SECTION –III SCOPE OF WORK

SoW 1

SCOPE OF THE WORK

The contractor shall be required to provide experienced manpower services of various categories for operation of Power House, Switchyard and associated installation of Indira Sagar Power Station, Narmada Nagar, Distt. Khandwa (M.P) as per the directions of Engineer-in-Charge for a period of 24 months.

The General Scope of work & relevant Technical conditions are given below:

1.1 (A) GENERAL SCOPE OF WORK: -The scope includes Operation of 8 x 125 MW Turbine Generator sets (Francis Turbine) & its Auxiliaries, 400 KV Switchyard Equipments & its Auxiliaries, Power & Auxiliary Transformers, D.G. Sets, 11 KV Panels, 415 Volts Panels, 230 Volts Panels, Illumination system etc. including all E & M equipments of Power house and Switchyard at Indira Sagar Power Station. 1.1 (B) LOCATION WISE DEPLOYMENT:

Sl. No

Location Description of work Nature of manpower

Min. numbers x Shifts

(A) Services required for operation of Power House

1 HP/ LP Plant Operation & monitoring of two nos. HP & LP compressors plant installed near Unit#1 and Unit #8. To Maintain HP & LP Pressure in Air receiver vessel. Checking air leakage in pipelines etc.

Compressor Operator

2 X 4

2 Illumination system of

Power House, Switchyard, DG room,

Intake Gallery

Operation of illumination system of Power House, Switchyard, DG room, Intake Gallery. To attend power supply failure, sudden breakdown/ faults in electrical installation such as various control panels, LT breakers, pumps, lighting panels & boards etc. installed at various locations.

Electrician/ 2 X 4

3 Control Room Operation of 11 KV remote control panel, Penstock gate control panel. Recording of 15 minutes block energy meter reading of 8 nos. units and station data in logbook. Following instructions issued by Shift Engineer from time to time.

Switch board Technician

1 X 4

4 Generator Floor, Unit # 1 to 8

Preparation of 8 nos. Generating Units for ready start and synchronizing, which includes opening of earth switch, starting of cooling water & oil pumps of Transformer, Operation of Unit Auxiliary boards, back charging of breakers, Changeover of station & unit auxiliary supply, Recording of hourly station data which includes Voltage, current, Power factor, Excitation, temperature of Generator winding & Transformer winding.

Switch board Technician

2 X 4

SoW 2

5 Turbine Floor, Unit # 1 to 8

Preparation of 8 nos. Generating Units for ready start which includes opening of valves between PR set to PR vessel & PR vessel to HMC, building the OPU pressure by running Oil lifting pumps manually & inserting air, opening motorized valves A & B. Disengaging Servomotors lock, keeping HS lubrication mode, Releasing brakes starting & stopping of OPU pumps & top cover drainage pumps as per requirement. Recording of hourly station data of OPU pressure, GV actual opening, etc.

Fitter 1 X 4

6 Generator Floor (Near Unit #1)

Monitoring of water level and Operation (Start & Stop) of two nos. drainage pumps & three nos. dewatering pumps installed at Main drainage & dewatering sump of Power House as per requirement. Opening & closing of draft tube dewatering valves of Unit# 1 to 8 at EL 185 M as per requirement. Recording of running hours, current, etc. in logbook.

Pump operator

3 X 4

Transformer Drainage & Dewatering

Monitoring of water level and Operation (Start & Stop) of six nos. of drainage and dewatering pumps installed at Transformer yard near Unit #8 as per requirement. Recording of running hours, current, etc. in logbook.

7 Power House Attendant services of Operation Engineer, AE/JE & other staff of shift duty at Power House.

Helper/ Beldar

1 X 4

(B) Services required for operation of Switchyard, DG Sets & Intake Gates

1 Switchyard Operation of Line Circuit Breaker, Pantograph & HCB Isolator, Earth Switches of Generator, Line & Bus Bays. Recording of 15 minute & hourly station data i.e. Bus & Line Voltage, current, etc. Recording of Energy Meter reading of Transmission Lines at Switchyard Control Room during the shift.

Switch Board Technician

1 X 4

2 DG Building Operation and monitoring of two nos. DG sets (2x1000 KVA) and 11 KV Distribution Board. Recording of DG & 11 KV System Data i.e. Current, Voltage & KWh in log books.

DG Operator 1 X 4

3 Intake Gallery

Operation & Monitoring of Penstock Gates of 8 nos. Units as per requirement. Recording of data in log books.

Gate Operator

1 X 4

4 Switchyard Attendant services for Operation Engineer, AE/JE & other staff at Switchyard.

Helper/ Beldar

1 X 4

5 DG Building Assist the DG Operator in Diesel Generator Room. Helper/ Beldar

1 X 4

6 Intake Gallery

Associated with gate operator in Penstock gallery. Helper/ Beldar

1 X 4

SoW 3

Manpower to be deployed shall be well qualified/ experienced & fully conversant with the Electrical & Mechanical systems of Power Plant. The deployment shall be made round the clock (Round the clock means all the manpower (72 Nos.) will perform the normal duty in General shifts/ other shift duty except weekly rest day. However in case of emergency/ breakdown the required manpower will have to be made available any day/any time.

Sr. No Item Nos.

Grade

Experience & qualification

Minimum payable amount per month to the Manpower

1 2 3 4 5 6 1

Skilled Services

56 Grade-A Experience of Hydro-Power Sector for more than four years.

Minimum Wages + Additional Compensation & Bonus as per Annexure I.

2 Unskilled Services

16 Grade-A Experience of Hydro-Power Sector/ others as found suitable by Engineer-in-charge (Experience of more than four years).

Minimum Wages + Additional Compensation & Bonus as per Annexure I.

Total manpower = 72

“The above manpower are tentative which may increase or decrease as per job requirement and direction of Engineer-in-Charge.”-

1.2 DETAILS OF SAFETY SHOES & UNIFORM TO BE ARRANGED BY CONTRACTOR FOR

OPERATION WORK

1. One pair of safety shoes for each deployed manpower (details of safety shoes –Electrical low ankle with steel toe, upper genuine leather with Cambrelle lining with antique brass star shape eyelets, PU sole with cleated design & tunnel system, PU blend sole which offers protection against electric shock upto 15 KV, broad toe for extra comfort, alloy steel toe cap, 200 Joules as per EN 15298 & ISI marked, Make any standard). (Approximate requirement of safety shoes shall be 72 pairs per year).

2. Two pairs of uniform for each deployed manpower in every year (Uniform should be Cotton half sleeve shirt and pant of reputed make cloth). (Approximate requirement of uniform shall be 144 pairs per year).

2. TECHNICAL CONDITIONS OF SCOPE OF WORK

1. The work shall be carried out as per Operational guideline of the respective manufacturer of the particular Equipment & operation practices presently adopted by ISPS. The Contractor has to plan and carry out operation work as per schedule and methodology provided by Engineer-in-charge.

2. The contractor should keep qualified and capable/ competent staff for operation work of Indira Sagar Power Station.

3. The Electricity, Air & Water will be provided free of cost for operation of plant work.

4. The general safety gadgets for operation shall be provided by Corporation free of cost.

SoW 4

5. Safety articles such as safety shoe are to be provided by the Contractor while other items such as belts, helmets, hand gloves etc. for the execution of the work will be arranged by Corporation, wherever required.

6. Contractor shall provide manpower for shifting arrangement of material from NHDC store to site and from one place to another for transportation and safe handling of material, equipments, new parts, spare items etc. The dismantled items/ assembly/ equipments shall have to be returned to place of storage as directed by the Engineer0in-charge after repair/ maintenance. However the Corporation shall provide transportation facility like crane and truck etc. free of cost.

7. Transportation facility for the Contractor’s employee from Narmada Nagar to Power House and back shall be provided by NHDC free of cost.

8. In case contract is extended beyond the contract period, rate for the consumables like uniform, safety shoes etc. shall be recovered on prorate basis based on rates considered in the estimated cost in case item(s) are not supplied by the Contractor in the extended period of contract as per the direction of Engineer-in-charge.

……………………………………….

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SECTION – IV

TENDER FORMS & SCHEDULES

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TENDER FORM & SCHEDULE: INDEX

1 SCHEDULE-A: SCHEDULE OF QUANTITIES AND PRICES. 2 ANNEXURE I: DETAILS OF PAYMENT SCHEDULE FOR MANPOWER. 3 SCHEDULE-B: MATERIAL FOR ISSUE TO THE CONTRACTOR 4 SCHEDULE-C: SCHEDULE FOR LIQUIDATED DAMAGES.

5 SCHEDULE-D: REFERENCE TO TERMS AND CONDITIONS OF CONTRACT. 6 FORM OF BANK GUARANTEE IN LIEU OF EARNEST MONEY DEPOSIT. 7 FORM OF BANK GUARANTEE FOR PERFORMANCE SECURITY DEPOSIT. 8 AGREEMENT FORM 9 FORMAT FOR OBTAINING DECLARATION REGARDING APPLICABILITY OF

MICRO, SMALL & MEDIUM ENTERPRISES UNDER MSMEDA 2006. 10 FRAUD POLICY OF NHDC. 11 POLICY AND PROCEDURE FOR BANNING BUSINESS DEALINGS 12 WARRANTY FORM 13 TENDER ACCEPTANCE LETTER

14 FORMAT FOR INFORMATION SYSTEM ON ELECTRONIC CLEARING SERVICE.

15 DECLARATION/UNDERTAKING FOR APPLICABILITY OF PROVISIONS OF MICRO AND SMALL ENTERPRISES UNDER MSMEDA 2006.

16 CERTIFICATE OF FRAUD POLICY

17 DECLARATION BY BIDDER.

18 EXPERIENCE & FINANCIAL DETAILS

19 DECLARAIONS

20 CHECK LIST

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Schedule – A Tender Inviting Authority : Sr Manager (P&C)

Nature of Work: Operation of Power House, Switchyard and Associated Installation at Indira Sagar Power Station, Narmada Nagar, Distt. Khandwa (M.P).

Contract No: NIT No. 13/1028/2016-17 dated 28/09/2016

Bidder Name :

SCHEDULE OF QUANTITIES AND PRICES (This BoQ template must not be modified/replaced by the bidder and the same should be uploaded after filling the relevent columns,

else the bidder is liable to be rejected for this tender. Bidders are allowed to enter the Bidder Name and Values only)

Sl. No.

Description of work No.or Qty.

Unit RATE Rs. P

AMOUNT Rs. P

Figures Words

1.00 The work of round the clock Operation of Power House, Switchyard and Associated Installation at Indira Sagar Power Station, Narmada Nagar, complete in all respect as per the scope of work, tender specifications, Terms & conditions of the tender.

24.00 Job per

Month

Rupees only 0.00

Total in Figures 0.00

Total in Words Rupees only

VALIDATE

PRINT

HELP

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Annexure I

Schedule of Payment of Wages

Based on Central Minimum Wages for 'C' Class City or Minimum Wages notified by MP Govt., whichever is higher, w.e.f. 01/04/2016

Categories of

Manpower

Minimum Wages + VDA Per Month as

per M.P. State Govt.

` (As on 01.04.2016)

Bonus and Additional compensation Total

Amount Per Month

Employers PF contribution + Admin Charge

@13.36%

Total per month per

Unit `

Total Amount payable to each

labour (`)

1 2

Bonus (@ 8.33% of (2) or 8.33% of ` 7000, whichever is higher)

Additional compensation 5 = 2+3+4 6 = [(2)x

0.1336] 7 = (5+6) 8 = 5- 12% of 2

3 4

Skilled Services 9085.00 757.00 648.00 10490.00 1214.00 11704.00 9399.80

Unskilled Services 6850.00 583.00 827.00 8260.00 915.00 9175.00 7438.00

Note:

1. Tenderer shall quote rate including service charges, charges on accommodation, transportation etc., contractor's overhead and profit, all taxes and duties including service tax.

2. As and when minimum wages (Basic wage + DA) are revised by either Central Govt. or Madhya Pradesh Govt., revised minimum wages of the either of the two whichever is higher, shall be paid to the workmen. The increased wages and bonus shall be adjusted by reducing Additional Compensation (Column 4) and total Amount per Month (Column 5) shall remain unchanged, till the Additional Compensation gets reduced to zero.

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Schedule – B

MATERIAL FOR ISSUE TO THE CONTRACTOR

(To be read in conjunction with clauses of Scope of Works)

SL. Particulars Approximate

Quantity to be issued

Unit All inclusive recovery rate at which materials will be issued

Place of

Issue

NIL.

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Schedule - C

SCHEDULE FOR LIQUIDATED DAMAGES (To be read in conjunction with Clause 22 of Terms and Conditions of Contract)

Sl Description of works Liquidated Damages

1

Operation of Power House,

Switchyard and Associated

Installation at Indira Sagar Power

Station, Narmada Nagar, Distt.

Khandwa (M.P).

1. In case of failure on part of the contractor to

provide/arrange manpower services for execution of job

assigned and directed by the Engineer-in-charge,

liquidated damages @ 5% of the value of such

manpower services including contractor’s overhead &

profit (shall be considered @ 10%), which has not been

executed/provided, shall be recovered not by the way of

penalty, by the Corporation from the monthly bills of the

contractor, in addition to the non-payment of value of

such manpower services including contractor’s overhead

& profit (i.e. contractor’s profit & overhead @ 10%).

2. In addition to above, if the contractor fails to provide

Safety Shoes and Uniform to all the personnel deployed

by them for execution of this work within one month of

award/ start of the work, Contractor shall be liable to pay

Compensation @ ` 1000/- per month, for each completed

month delay. Maximum allowed time period (for supply

with compensation) shall be 2 months from the due date

and after which the item shall be considered as non-

supplied. Thereafter, these non-supplied items will be

procured by Corporation from the market at risk & cost of

the contractor and the amount @ 1.1 times of the

expenditure incurred shall be recovered from the amount

due to the contractor for any/ all unsupplied items as the

case may be.

3. In addition to above, if the contractor fails to make

payment of wages to the labourer deployed by him for

execution of work upto 7th of every month, he shall be

liable to pay compensation @ 0.25% of monthly wages

(NON DISBURSED PORTION) per day delay.

4. The amount of compensation may be

adjusted/withheld/deducted or set off against any sum

due or payable to the contractor under this or any other

contract with the Corporation.

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Schedule – D

REFERENCE TO TERMS AND CONDITIONS OF CONTRACT

Sl. Clause reference Clause particulars Stipulations

1 Clause 17 of TCC Contract period Twenty Four (24) Months reckoned from the date mentioned in LOA

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BANK GURANTEE IN LIEU OF EARNEST MONEY DEPOSIT Bank Guarantee

[On non-judicial stamp paper of 0.25% of the amount, subject to a minimum of 250 Rupees

and maximum of 25000 Rupees]

Bank Guarantee No. ……………………

Date ……………………….. [Name of Contract] To: [Name and Address of Employer]

WHEREAS [Name of Bidder] (hereinafter called “the Bidder”) has submitted its Bid dated [date

of bid] for the performance of the above-named contract (hereinafter called “the Bid”).

KNOW ALL PERSONS by these present that WE [Name of Bank] of [Address of Bank]

(hereinafter called “the Bank”), are bound to [Name of Employer] (hereinafter called “the Employer”) in

the sum of: [amount], for which payment well and truly to be made to the said Employer, the Bank

binds itself, its successors and assigns by these presents.

Sealed with the Common Seals of the said Bank this …………. Day of ………… 20..….. THE

CONDITIONS of this obligation are the following:

1. If the Bidder withdraws its Bid during the period of bid validity specified by the Bidder in the

Bid Form, or

2. If the Bidder, having been notified of the acceptance of its Bid by the Employer during the

period of bid validity

(a) Fails or refuses to sign the Contract Agreement when required or

(b) Fails or refuses to issue the performance security in accordance with the bidding

documents.

(c) Refuses to accept the arithmetical corrections made in accordance with the bidding

documents.

(d) adopts corrupt or fraudulent practices.

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 its demand, provided that in its demand the

Employer will note that the amount claimed by it is due to it, owing to the occurrence of one or both of

the two above-named conditions and specifying the occurred condition or conditions.

Notwithstanding anything contained herein above our liability under this Guarantee is limited to

Rs………………. (Rupees ……… only) and our Guarantee shall remain in force up to and including (date

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90 days after the period of bid validity) ………. ………. Day of ……….. ,20 ……… unless a claim or

demand under this Guarantee is made on us in writing, on or before …………. We shall be discharged of

all liabilities under this Guarantee thereafter.

WITNESS …………………………….. ……………………………………….

(Signature) ((Signature)

………………………….. ……………………………………….

(Name) (Name)

………………………… ……………………………………...

(Official Address) (Designation with Bank Stamp)

…………………………………….

Attorney as per Power

of Attorney No. ………………

Dated …………………………

NOTE: The issuing bank shall write the name of bank’s controlling branch/ office alongwith contact details of issuing authority like telephone/ fax and full correspondence address, in order to get the confirmation of BG from that branch/ office if so required.

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BANK GURANTEE FOR CONTRACT PERFORMANCE Bank Guarantee

[On non-judicial stamp paper of 0.25% of the amount, subject to a minimum of 250 Rupees and maximum of 25000 Rupees]

Bank Guarantee No. ……………………

Date ……………………….. To, [Employer’s Name & Address] Dear Sir, In consideration of the ……….. [Employer’s Name] ………….. (hereinafter referred to as the ‘Employer’ which expression shall unless repugnant to the context or meaning thereof, include its successors, administrators and assigns) having to M/s ……. [Contractor’s Name] ………… ………… with its Registered/Head Office at ……………….. (hereinafter referred to as the ‘Contractor’ , which expression shall unless repugnant to the context or meaning thereof, include its successors administrators, executors and assigns), a Contract by issue of Employer’s Notification of Award No. …………. Dated …………… and the same having been unequivocally accepted by the contractor, resulting into a Contact bearing No. ………. Dated ………….. valued at ……………. For ………. And the Contractor having agreed to provide a Contract Performance Guarantee to the Employer for the faithful performance of the entire Contract equivalent to ………….(*)……… % (………percent) of the said value of the Contract. We ……….[Name & Address of the Bank] ……… having its Head Office at ……. (hereinafter referred to as the ‘Bank’, which expression shall, unless repugnant to the context of meaning thereof, include its successors, administrators, executors and assigns) do hereby guarantee and undertake to pay the Employer, on demand any and all monies payable by the Contractor to the extent of …………. (*) ……….. as aforesaid at any time upto …………….. (@) ……….. [days/month/year] without any demur, reservation, contest, recourse or protest and/or without any reference to the Contractor. Any such demand made by the Employer on the Bank shall be conclusive and binding notwithstanding any difference between the Employer and the Contractor or any dispute pending before any Court, Tribunal, Arbitrator or any other authority. The Bank undertakes not to revoke this guarantee during its currency without pervious consent of the Employer and further agrees that the guarantees herein contained shall continue to be enforceable till the Employer discharge this guarantee. The Employer shall have the fullest liberty, without affecting in any way the liability of the Bank under this guarantee, from time to time to extend the time for performance of the Contract by the Contractor. The Employer shall have the fullest liberty, without affecting this guarantee, to postpone from time to time the exercise of any powers vested in them or of any right which they might have against the Contractor, and to exercise the same at any time in any manner, and either to enforce or to forbear to enforce any covenants, contained or implied, in the Contract between the Employer and the Contractor or any other course or remedy or security available to the Employer. The Bank shall not be released of its obligations under these presents by any exercise by the Employer of its liberty with reference to the matters aforesaid or any of them or by reason of any other act or forbearance or other acts of omission or commission on the part of the Employer or any other indulgence shown by the Employer or by any other matter or thing whatsoever which under law would, but for this provision have the effect of relieving the Bank. The Bank also agrees that the Employer at its option shall be entitled to enforce this Guarantee against the Bank as a principal debtor, in the first instance without proceeding against the contractor and notwithstanding any security or other guarantee the Employer may have in relation to the Contractor’s liabilities.

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Notwithstanding anything contained herein above our liability under this Guarantee is limited to ………………. (*) ……….. (Rupees ……… only) and our Guarantee shall remain in force until ………. (@) ………. Day of ……….. , 20 ……… unless a claim or demand under this Guarantee is made on us in writing, on or before …………. We shall be discharged of all liabilities under this Guarantee thereafter. Dated this …………………………..day of………… 20 ……… at ………………………… WITNESS …………………………….. ……………………………………….

(Signature) (Signature)

………………………….. ……………………………………….

(Name) (Name)

………………………… ……………………………………...

(Official Address) (Designation with Bank Stamp)

…………………………………….

Attorney as per Power

of Attorney No. ………………

Dated …………………………

Notes: 1. (*) This sum shall be five percent (5%) of the Contract Price (@) This date will be sixty (60) days beyond the Defects liability period as specified in the Contract.

2. The stamp papers of appropriate value shall be purchased in the name of guarantee issuing Bank.

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AGREEMENT FORM (On Non-Judicial stamp paper of Requisite Value i.e. ` 500/-)

This Agreement made on this _____ day of _____________ 2016 between NHDC Limited, a company wholly owned by NHPC Ltd., A Government of India Enterprise and Government of Madhya Pradesh, and registered under the Companies Act, 1956 having its registered office at NHDC office complex, near hotel Ashoka Lake View, Shyamala Hills, Bhopal (M.P) (hereinafter called the " Corporation") which expression shall include its successors and assignees, represented by ___________________________________ (the 'CONTRACTOR"), which expression shall include their successors & assignees of the OTHER PART.

Whereas the Corporation has invited Bids for the work of “---------------------------------------------------------------------------------------------------------------------------------------------------" at NHDC (hereinafter called the "work") and the contractor has furnished his Bid and other conditions in response to the invitation of Bids.

Whereas the Corporation has accepted the Bid submitted by the Contractor for the execution of the works covered under and required to be done under this Agreement upon the terms and subject to the conditions as mentioned herein below and in this Agreement.

The contract comprises the following component parts, all of which shall form an integral part of this contract as if herein set out verbatim or if not attached, as if hereto attached.

1 Document No. I : LETTER OF AWARD AND LETTER OF ACCEPTANCE

: CORRESPONDENCE WITH THE CONTRACTOR

2. Document No. II : NOTICE INVITING TENDER

Section – I : INFORMATION FOR BIDDERS

Section - II : SCOPE OF WORK

Section - III : TERMS & CONDITIONS OF CONTRACT

Section – IV : TENDER FORMS & SCHEDULES

NOW THESE PRESENT WITNESS and the parties hereto hereby agree and declare as follows; that is to say in consideration of the payments to be made and the departmental materials to be issued to the contractor by the Corporation, the Contractor shall execute the said works in the manner as prescribed in the Agreement or which are implied or may be reasonably necessarily for the completion of the said work on the terms and conditions mentioned in the contract.

IN WITNESSETH WHEREOF THE PARTIES hereto have signed this agreement hereunder on the date respectively mentioned against the signature of each at ____________.

For and on behalf of Contractor For and on behalf of N H D C Limited.

Signature Signature

(Designation) (Designation)

Place: ________________ Place: ____________________

Witnessed by: Witnessed by:

1. ______________________ 1. __________________________

2. __________________ 2. _____________________ _

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Format for obtaining declaration regarding applicability of Micro, Small & Medium

Enterprise under MSMED Act, 2006

To,

………………………………

………………………………

Subject: Declaration as regard to applicability of Micro, Small & Medium Enterprise Development Act, 2006.

Micro, Small and Medium Enterprises Development Act, 2006 has been introduced w. e. f. 02.10.2006. Following are the relevant provisions of the Act as regard to registration of enterprise:-

8 (1) Any person who intends to establish,-

a) a micro or small enterprise, may, at his discretion ; or b) a medium enterprise engaged in providing or rendering of services may, at his discretion;

or c) a medium enterprise engaged in the manufacture or production of goods pertaining to any

industry specified in the First Schedule to the Industries (Development and Regulation) Act, 1951, shall file the memorandum of micro, small or as the case may be, of medium enterprise with such authority as may be specified by the State Government under sub-section (4) or the Central Government under sub-section (3):

Provided that any person who, before the commencement of this Act, established –

a) a small scale industry obtained a registration certificate, may, at his discretion; and b) an industry engaged in the manufacture or production of goods pertaining to any industry

specified in the First Schedule to the Industries (Development and Regulation)Act, 1951, having investment in plant and machinery of more than one crore rupees but not exceeding ten crore rupees and, in pursuance of the notification of the Government of India in the erstwhile Ministry of Industry (Development of Industrial Development) number S.O.477 (E), dated the 25TH July, 1991 file an Industrial Entrepreneurs’ Memorandum, shall within one hundred and eighty days from the commencement of this Act, file the memorandum, in accordance with the provisions of this Act.

2.0 Authority as referred to in aforesaid section is the General Manager, District Industries Centre/ District Level Officer in Directorate dealing with such Enterprises of State Government.

3.0 The definition of the enterprises as specified by the Act is as follows:-

Type of Enterprise Manufacturing Industry*-Investment in plant & Machinery

Service Industry- Investment in equipments

Micro Enterprise Not exceeding Rs.25 lacs Not exceeding Rs. 10 lacs Small Enterprise More than Rs.25 lacs & upto

Rs.5 Crore

More than Rs. 10 lacs & upto Rs. 2 Crore

Medium Enterprise More than Rs.5 Crore & upto Rs.10 Crore

More than Rs. 2 Crore & upto Rs. 5 Crore

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*engaged in the manufacture of production of goods, in any manner, pertaining to any industry specified in the First Schedule to the Industries (Development and Regulation) Act, 1951.

4.0 As such, it is requested to provide the confirmation as regard to applicability of Micro, Small & Medium Enterprise Development Act, 2006 to your firm by submitting the declaration/undertaking by…………..(date to be mentioned for obtaining declaration from existing suppliers/service providers):-

(Authorized Representative of Concerned

Contract & Procurement Division)

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FRAUD POLICY OF NHDC

1. BACKGROUND

The Corporate Governance guideline-2010 to be followed by CPSE describes certain requirements. These requirements inter alias include "Whistle Blower Policy". This policy envisages the companies to put in place a mechanism for employees to report to the Management about unethical behaviour, actual or suspected fraud or violation of conduct or ethics policy.

Further, statutory auditors of the company are required to comment on the Fraud Policy of the company in their report to the Comptroller and Auditor General of India (C&AG) on the annual accounts of the company given in compliance of the provisions of Section 619(3) of the Companies Act, 1956.

In the light of the foregoing and keeping in view the approach of NHDC Ltd. in following Corporate Governance principles proactively, it is appropriate that a Fraud Policy is formulated and implemented.

The policy statement is given below for implementation with immediate effect:

2. POLICY OBJECTIVES:

The "Fraud Policy" has been framed to provide a system for detection and prevention of fraud, reporting of any fraud that is detected or suspected and fair dealing of matters pertaining to fraud.

The policy will ensure and provide for the following:

(i) To ensure that management is aware of its responsibilities for detection and prevention of fraud and for establishing procedures for preventing fraud and/or detecting fraud when it occurs.

(ii) To provide a clear guidance to employees and others dealing with NHDC Ltd. forbidding them from involvement in any fraudulent activity and the action to be taken by them where they suspect any fraudulent activity.

(iii) To conduct investigations into fraudulent activities.

(iv) To provide assurances that any and all suspected fraudulent activity will be fully investigated.

3. SCOPE OF POLICY:

The policy applies to any fraud, or suspected fraud involving employees of NHDC Ltd. (all full time, part time or employees appointed on adhoc/temporary/contract basis) as- well as representatives of vendors, suppliers, contractors, consultants, service providers or any outside agency (ies) doing any type of business with NHDC Ltd.

4. DEFINITION OF FRAUD:

"Fraud" is a willful act intentionally committed by an individual(s) -by deception, suppression, cheating or any other fraudulent or any other illegal means, thereby, causing wrongful gain(s) to self or any other individual(s) and wrongful loss to other(s). Many a times such acts are undertaken with a view to deceive/mislead others leading them to do or prohibiting them from doing a bonafide act or take bonafide decision which is not based on material facts."

5. ACTIONS CONSTITUTING FRAUD:

While fraudulent activity could have a very wide range of coverage, the following are some of the

act(s), which constitute fraud.

(i) Forgery or alteration of any document or account belonging to the Company.

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(ii) Forgery or alteration of cheque, bank draft or any other financial instrument etc.

(iii) Misappropriation of funds, securities, supplies or others assets by fraudulent means etc.

(iv) Falsifying records such as pay-rolls, removing the documents from files and /or replacing it by

a fraudulent note etc.

(v) Willful suppression of facts/deception in matters of appointment, placements, submission of reports, tender committee recommendations etc. as a result of which a wrongful gain(s) is made to one and wrongful loss(s) is caused to the others.

(vi) Utilizing Company funds for personal purposes.

(vii) Authorizing or receiving payments for goods not supplied or services not rendered.

(viii) Destruction, disposition, removal of records or any other assets of the Company with an ulterior motive to manipulate and misrepresent the facts so as to create suspicion/suppression/cheating as a result of which objective assessment/decision would not be arrived at.

(ix) Any other act that falls under the gamut of fraudulent activity.

6. REPORTING OF FRAUD:

Any employee (full time, part time or employees appointed on adhoc /temporary/contract basis), representative of vendors, suppliers, contractors, consultants, service providers or any other agency (ies) doing any type of business with NHDC Ltd. as soon as he / she comes to know of any fraud or suspected fraud or any other fraudulent activity must report such incident(s). Such reporting shall be made to the designated Nodal Officer(s), nominated in every project/unit/Corporate Centre. If, however, there is shortage of time such report should be made to the immediate controlling officer whose duty shall be to ensure that input received is immediately communicated to the Nodal Officer.

The reporting of the fraud normally should be in writing. In case the reporter is not willing to furnish a written statement of fraud but is in a position to give sequential and specific transaction of fraud/suspected fraud, then the officer receiving the information/Nodal Officer should record such details in writing as narrated by the reporter and also maintain the details about the identity of the official/ employee / other person reporting such incident. Reports can be made in confidence and the person to whom the fraud or suspected fraud has been reported must maintain the confidentiality with respect to the reporter and such matter should under no circumstances be discussed with any unauthorized person.

(i) All reports of fraud or suspected fraud shall be handled with utmost speed and shall be coordinated by Nodal Officer(s) to be nominated.

(ii) Officer receiving input about any suspected fraud/nodal officer(s) shall ensure that all relevant records documents and other evidence is being immediately taken into custody and being protected from being tampered with, destroyed or removed by suspected perpetrators of fraud or by any other official under his influence.

7. INVESTIGATION PROCEDURE:

(i) The "Nodal Officer" shall, refer the details of the Fraud/suspected fraud to the Vigilance Department of NHDC Ltd. for further appropriate investigation and needful action.

(ii) This input would be in addition to the intelligence, information and investigation of cases of fraud being investigated by the Vigilance Dept. of their own as part of their day-to-day functioning.

(iii) After completion of the investigation, due & appropriate action, which could include administrative action, disciplinary action, civil or criminal action or closure of the matter if it is proved that fraud is not committed etc. depending upon the outcome of the investigation shall be undertaken.

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(iv) Vigilance Department shall apprise "Nodal Officer" of the results of the investigation undertaken by them. There shall be constant coordination maintained between the two.

8. RESPONSIBILITY FOR FRAUD PREVENTION:

(i) Every employee (full time, part time, ad hoc, temporary, contract), representative of vendors, suppliers, contractors, consultants, service providers or any other agency (ies) doing any type of business with NHDC Ltd. is expected and shall be responsible to ensure that there is no fraudulent act being committed in their areas of responsibility/control. As soon as it is learnt that a fraud or suspected fraud has taken or is likely to take place they should immediately apprise the same to the concerned as per the procedure.

(ii) All controlling officers shall share the responsibility of prevention and detection of fraud and for implementing the Fraud Policy of the Company. It is the responsibility of all controlling officers to ensure that there are mechanisms in place within their area of control to:

a. Familiarize each employee with the types of improprieties that might occur in their area.

b. Educate employees about fraud prevention and detection.

c. Create a culture whereby employees are encouraged to report any fraud or suspected fraud, which comes to their knowledge, without any fear of victimization.

d. Promote employee awareness of ethical principles subscribed to by the Company through CDA Rules;

(iii) Due amendments shall be made in the general conditions of contracts of the organization wherein all bidders/service providers/ vendors/ consultants etc. shall be required to certify that they would adhere to the Fraud Policy of and not indulge or allow anybody else working in their organization to indulge in fraudulent activities and would immediately apprise the organization of the fraud/suspected fraud as soon as it comes to their notice.

These conditions shall form part of documents both at the time of submission of bid and agreement of execution of contract.

9. ADMINISTRATION AND REVIEW OF THE POLICY:

The Managing Director/CED/CEO shall be responsible for the administration, interpretation, application and revision of this policy. The policy will be reviewed and revised as and when needed.

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Policy and Procedure for Banning Business Dealings

1.0 Introduction 1.1 NHDC Ltd. deals with Agencies viz. parties/ contractors/ suppliers/ bidders, who are

expected to adopt ethics of highest standards and a very high degree of integrity, commitments and sincerity towards the work undertaken. It is not in the interest of NHDC to deal with Agencies who commit deception, fraud or other misconduct in tendering process.

1.2 Since banning of business dealings involves civil consequences for an Agency concerned, it is incumbent that adequate opportunity of hearing is provided and the explanation, if tendered, is considered before passing any order in this regard keeping in view the facts and circumstances of the case.

2.0 Scope 2.1 The Information for Bidders/ Instruction of Bidders and even the General Conditions of

Contract (GCC) of NHDC generally provide that NHDC shall have the rights to remove from list of approved suppliers/ contractors or to ban business dealings if any Agency has been found to have committed misconduct or fraud or anything unethical not expected from a reputed contractor.

2.2 The procedure of (i) Removal of Agency from the List of approved suppliers/ contractors; (ii) Suspension and (iii) Banning of Business Dealing with Agencies, has been laid down in these guidelines.

2.3 These guidelines shall apply to all the Projects/ Power Stations/ Regional Offices/ Liaison Offices and Corporate Office, Bhopal of NHDC.

2.4 It is clarified that these guidelines do not deal with the poor performance of the Contractors/ Agencies.

2.5 The banning shall be with prospective effect, i.e. future business dealings.

3.0 Definitions

In these Guidelines, unless the context otherwise requires:

i) “Party/ Contractor/ Supplier/ Bidders” shall mean and include a public limited company or a private limited company, a joint venture consortium, HUF, a firm whether registered or not, an individual, cooperative society or an association or a group of persons engaged in any commerce, trade, industry etc. “Party/ Contractor/ Supplier/ Bidder” in the context of these guidelines is indicated as ‘Agency’.

ii) “Unit” shall mean the Project/ Power Station/ Regional Office/ Liaison Office.

iii) “Competent Authority” and ‘Appellate Authority’ shall mean the following:

a) For NHDC Wide Banning

The Chief Executive Director shall be the ‘Competent Authority’ for the purpose of these guidelines. CMD shall be the ‘Appellate’ in respect of such cases.

b) For Projects/ Power Stations/ Regional Offices/ Liaison Offices.

Head of the Unit not below the rank of Chief Engineer/ Chief shall be the ‘Competent Authority’ for the purpose of these guidelines. The Chief Executive Director shall be the ‘Appellate Authority’ in all such cases.

iv) “Investigating Committee” shall mean any Officer/ Committee appointed by Competent Authority to conduct investigation.

v) “List of approved Agencies viz. Parties/ Contractors/ Suppliers/ Bidders” shall mean and include list of Parties/ Contractors/ Suppliers/ Bidders etc. if registered with NHDC.

4.0 Initiation of Banning/ Suspension

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Action for banning/ suspension business dealings with any Agency shall be initiated by the department responsible for invitation of bids after noticing the irregularities or misconduct on the part of Agency concerned. Besides the concerned department, Vigilance Department of each Unit/ Corporate Vigilance may also be competent to initiate such action.

5.0 Suspension of Business Dealings.

5.1 If the conduct of any Agency dealing with NHDC is under investigation, the Competent Authority may consider whether the allegations (under investigation) are of a serious nature and whether pending investigation, it would be advisable to continue business dealing with the Agency. If the Competent Authority, after consideration of the matter including the recommendation of the Investigating Committee, if any, decides that it would not be in the interest to continue business dealings pending investigation, it may suspend business dealings with the Agency. The order of suspension would operate for a period not more than six months and may be communicated to the Agency as also to the Investigating Committee. The Investigating Committee may ensure that their investigation is completed and whole process of final order is over within such period. However, if investigations are not completed in six months’ time, the Competent Authority may extend the period of suspension by another three months, during which period the investigations must be completed.

5.2 The order of suspension shall be communicated to all Departmental Heads of NHDC and Heads of the Units. During the period of suspension, no business dealing may be held with the Agency.

5.3 As far as possible, the existing contract(s) with the Agency may continue unless the Competent Authority, having regard to the circumstances of the case, decides otherwise.

5.4 If the Agency concerned asks for detailed reasons of suspension, the Agency may be informed that its conduct is under investigation. It is not necessary to enter into correspondence or argument with the Agency at this stage.

5.5 It is not necessary to give any show-cause notice or personal hearing to the Agency before issuing the order of suspension.

6.0 Ground on which Banning of Business Dealings can be initiated 6.1 If the security consideration, including questions of loyalty of the Agency to NHDC so warrants; 6.2 If the director/ owner of the Agency, proprietor or partner of the firm, is convicted by a Court

of Law for offences involving moral turpitude in relation to its business dealings with the Government or any other public sector enterprises, during the last five year;

6.3 If business dealings with the Agency have been banned by the Department of Power, Government of India;

6.4 If the Agency has resorted to corrupt, fraudulent practices including misrepresentation of facts; 6.5 If the Agency uses intimidation/ threatening or brings undue outside pressure on NHDC or its

official for acceptance/ performances of the job under the contract; 6.6 If the Agency misuses the premises or facilities of the NHDC, forcefully occupies or damages

the NHDC’s properties including land, water resources, forests/ trees or tampers with documents/ records etc. (Note: The examples given above are only illustrative and not exhaustive. The Competent Authority may decide to ban business dealing for any good and sufficient reason).

7.0 Banning of Business Dealings 7.1 A decision to ban business dealings with any Agency shall normally apply throughout NHDC.

However, the Competent Authority of the Unit can impose such ban unit-wise only if in the particular case banning of business dealings by respective Unit will serve the purpose and achieve its objective and banning throughout the company is not required in view of the local conditions and impact of the misconduct/ default to beyond the Unit. Any ban imposed by Corporate Office shall be applicable across all Units of NHDC.

TF&S 19

7.2 There will be an Investigating Committee in each unit to be appointed by Head of the Unit for processing the cases of “Banning of Business Dealings”. However, for procurement of items/ award of contracts at Corporate Office, the committee shall consist of officers not below the rank of Chief Engineer/ Chief from Indenting Division, Finance, Law and Contracts. Member from department responsible for invitation of bids shall be the convener of the committee. The functions of the committee shall, inter-alia include; i) To study the report of the department responsible for invitation of bids and decide if a

prima-facie case for banning exists, if not, send back the case to the Competent Authority. ii) To recommend for issue of show-cause notice to the Agency by the concerned department

as per clause 9.1. iii) To examine the reply to show-cause notice and call the Agency for personal hearing, if

required. iv) To submit final recommendations to the Competent Authority for banning or otherwise.

8.0 Removal from List of Approved Agencies – Supplier/ Contractors, etc. 8.1 If the Competent Authority decides that the charge against the Agency is of a minor nature, it

may issue show-cause notice as to why the name of the Agency should not be removed from the list of approved Agencies - Suppliers/ Contractors, etc.

8.2 The effect of such an order would be that the Agency would not be qualified for competing in Open Tender Enquiries or Limited Tender Enquiries till the period mentioned in the order.

8.3 Past performance of the Agency may be taken into account while processing for approval of the Competent Authority for awarding the contract.

9.0 Show-cause Notice 9.1 In case where the Competent Authority decides that action against an Agency is called for, a

show-cause notice has to be issued to the Agency, Statement containing the imputation of misconduct or misbehavior may be appended to the show-cause notice and the Agency should be asked to submit within 15 days a written statement in its defence.

9.2 If the Agency requests for inspection of any relevant document in possession of NHDC, necessary facility for inspection of documents may be provided.

9.3 The Competent Authority may consider and pass an appropriate speaking order: a) For exonerating the Agency if the charges are not established; b) For removing the Agency from the list of approved Suppliers/ Contractors, etc. c) For banning the business dealing with the Agency.

9.4 If it decides to ban business dealings, the period for which the ban would be operative may be mentioned.

10.0 Appeal against the Decision of the Competent Authority 10.1 The Agency may file an appeal against the order of the Competent Authority banning business

dealing etc. The appeal shall be filed to Appellate Authority. Such an appeal shall be preferred within one month from the date of receipt of the order banning business dealing, etc.

10.2 Appellate Authority would consider the appeal and pass appropriate order which shall be communicated to the Agency as well as the Competent Authority.

11.0 Circulation of the names of Agencies with whom Business Dealings have been banned

The concerned unit shall forward the name and details of the Agency(ies) banned to IT&C Division of Corporate Office for displaying the same on the NHDC website.

TF&S 20

ANNEXURE I

WARRANTY FORM

(To be enclosed with Envelope No. 1 i.e. Techno-commercial bid) I/ We (hereinafter referred to as “the Contractor”) having carefully studied all the documents,

specifications, drawings, etc. pertaining to the Contract for works, required for the work of “Operation

of Power House, Switchyard and Associated Installation at Indira Sagar Power Station,

Narmada Nagar, Distt. Khandwa (M.P)” (hereinafter called the “Works”) and the local and site

conditions and having undertaken to execute the said works.

I do hereby warrant that: 1 The Contractor is familiar with all the requirements of the Contract.

2 The Contractor has investigated the site and satisfied himself regarding the character of the

work and local conditions that may affect the work or its performance.

3 The Contractor is satisfied that the work can be performed and completed as required in the

Contract.

4 The Contractor accepts all risk directly or indirectly connected with the performance of the

Contract.

5 The Contractor has had no collusion with other Contractors, with any of the men of the

Engineer-in-Charge or with any other person in Corporation to execute the said works

according to the terms and conditions of the said contract.

6 The Contractor has not been influenced by any statement or promise of the Corporation or

Engineer-in-Charge but only by the Contract Documents.

7 The Contractor is financially solvent.

8 The Contractor is experienced and competent to perform the Contract to the satisfaction of the

Engineer-in-Charge.

9 The statements submitted by the Contractor are true.

10 The Contractor is familiar with all general and special Laws, Acts, Ordinances, Rules and

Regulations of the Municipals, Districts, State and Central Government of India that may effect

the work, its performance or personnel employed therein.

For and on behalf of the Contractor Date:

(Seal and Sign of the Bidder or Duly authorized Representative)

TF&S 21

ANNEXURE II TENDER ACCEPTANCE LETTER

(To be given on Company Letter Head) Ref No. 12/09/2012 Date: 10/10/2012

To,

Sr. Manager (P&C) NHDC Ltd., ISPS, Narmada Nagar, Distt. Khandwa (M.P.) Sub: Acceptance in respect of Terms & Conditions of Tender document. Ref:- NIT No. 13/1028/2016-17 dated 28/09/2016. Name of Work: Operation of Power House, Switchyard and Associated Installation at Indira Sagar Power Station, Narmada Nagar, Distt. Khandwa (M.P).

Sir,

1. I/We have downloaded/ obtained the tender document(s) for the above mentioned ‘Tender/Work’ from the web site(s) www.nhdcindia.com/ www.eprocure.gov.in.

2. I/We hereby certify that I/we have read the complete tender document which shall form part of the contract agreement and I/we shall abide hereby by the content contained therein.

3. The corrigendum(s) issued from time to time by your department/ organization too has also been taken into consideration, while submitting this acceptance letter.

4. I/We hereby certify that I/we have carefully read ‘Scope of Work’ and ‘Schedule of Quantities & Prices’ and ascertained the minimum requirement of manpower, material, machinery etc. for successful execution of the work.

5. I/ We hereby unconditionally accept all the terms and conditions of above mentioned tender document and corrigendum(s) as applicable.

6. In case any provisions of this tender are found violated, then your department/ organisation shall without prejudice to any other right or remedy be at liberty to reject my bid including the forfeiture of earnest money deposit.

7. I/ We confirm that before submitting this Bid, I/ We have visited the Project site and fully acquainted ourselves with the site conditions and local situation regarding materials, required for inspection and rectification, labour and all other factors pertaining to the work under this Bid.

8. I/ We confirm that our bid shall be valid upto 180 days from the date of opening of Cover-1, Techno-commercial Bid.

9. I/ We hereby certify that all the statements made and information supplied in the enclosed Annexures and Forms and additional data etc. furnished herewith are true and correct.

10. I/ We have furnished all information and details necessary for demonstrating our qualification and have no further prominent information to supply.

11. Until a formal contract is prepared and executed, this bid, together with your notification of award, will constitute a binding contract between us

12. I/ We confirm that it is my/our sole responsibility to ensure that registration certificate under MSMEDA Act 2006/ NSIC submitted in lieu of EMD & Tender Fee, is applicable for the works/ services covered under this tender document and if Bid not accompanied with proper EMD or registration under MSMEDA Act 2006/ NSIC shall be rejected summarily as being non-responsive and my/our price bid (Cover - 2) will not be opened.

13. I/ We understand that you are not bound to accept the lowest or any bid you may receive.

14. I/ We certify / confirm that we comply with the eligibility requirements as per Bid documents Seal and Sign of the Bidder or

Duly authorized representative Name: Address:

TF&S 22

ANNEXURE III

INFORMATION SYSTEM ON ELECTRONIC CLEARING SERVICE (CREDIT CLEARING)

(Payment to parties through ECS/RTGS/NEFT/Net banking)

1. PARTY’S NAME : ……………………………………………………….

Address : ……………………………………………………….

E-mail ID : ……………………………………………………….

Phone/ Mobile No. : ………………………………………………………

2. PARTICULARS OF BANK ACCOUNT:

A. BANK NAME : …………………………………………..

B. BRANCH NAME : ……………………………………….

Branch Code : ……………………………………….

Address : ………………………………………………..

Telephone No. : ……………………………….

C. 9-DIGIT CODE NUMBER : ……………….. OF THE BANK & BRANCH (MICR Code) (Pl. enclose a copy of cancelled cheque for record & correctness of code number)

D. IFSC Code of the Beneficiary Bank :

E. ACCOUNT Type : …………………………

(S.B. Account/Current Account or Cash Credit)

F. BANK ACCOUNT NO. OF THE PARTY : ……………………………………………………………………

I hereby declare that the particulars given above are correct and complete. If the transaction is delayed or not effected at all for reasons of incomplete or incorrect information, I would not hold the user Company responsible.

I agree to bear bank charges for transaction through ECS/NEFT/RTGS.

( ……………………………………………)

Date: Seal and Sign of the Bidder or Duly authorized Representative

Certified that the particulars furnished above are correct as per our records.

(Bank’s Stamp)

( ………………………………………… )

Signature of the Authorized Official from the bank

TF&S 23

ANNEXURE IV

DECLARATION/UNDERTAKING

A) I/We confirm that the provisions of Micro, Small & Medium Enterprise are applicable/ not applicable to us and our organization falls under the definition of:

(i) [ ] - Micro Enterprise

(ii) [ ] - Small Enterprise

(iii) [ ] - Medium Enterprise.

(iv) Whether belongs to SC/ST [Yes/No]

Please tick in the appropriate option box [ ] and attach documents/ certificate, if any.

B) I/We also undertake to inform the change in this status as aforesaid during the currency of the contract, if any.

(Seal and Sign of the Bidder or

Duly authorized Representative)

TF&S 24

ANNEXURE V

CERTIFICATE

This is to certify that I/We would adhere to the Fraud policy of NHDC Ltd., and not indulge or

allow anybody else working in our organisation to indulge in fraudulent activities and would

immediately apprise the organisation of the fraud/ suspected fraud as soon as it comes to our

notice.

(……………………………..)

Seal and Sign of the Bidder or

Duly authorized Representative

TF&S 25

Annexure VI

DECLARATION BY BIDDER

I/ We, M/s ________________________________________ (Name of bidder) hereby certify that

I/ We have not been banned / delisted/ blacklisted/ debarred from business by any PSU/ Govt.

Department during last 03 (Three) years.


TF&S 26

ANNEXURE-VII EXPERIENCE & FINANCIAL DETAILS

1. EXPERIENCE (SIMILAR NATURE OF WORKS)

S. No.

Detail of similar works carried out

No. & Date of Work Order/ Contract

Value of work Order/ contract

Actual date of completion (Month & year)

Name & complete address of the customer

2. Annual Turnover 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, in the last Three (03) financial years

S. No.

Financial year Turnover (Rs. in Lacs)

1. 2012-2013

2. 2013-2014

3. 2014-2015

Date ______________ 2016 Seal and Sign of the Bidder or

Duly authorized representative

TF&S 27

ANNEXURE-VIII DECLARATIONS

I/ We, M/s ………………………………… (Name of bidder) hereby declare the following:

Sl. No.

Declaration Type Declaration Acceptance

A Declaration for De- Listing

We hereby declare that, we have not been banned/de-listed/black listed/ debarred from business by any PSU or Govt Department during the last three years

Agree Only

B Undertaking We hereby undertake that we have studied and understood all the terms and conditions as mentioned in tender document (including ITB, Terms & Conditions of Contract and Scope of Work) and we agree to abide by the same unconditionally.

Agree Only

C Declaration regarding taxes & duties

1. All applicable taxes & duties including Service Tax, Any other taxes etc. on items against tender specification have been included in the price bid.

2. All applicable taxes/duties including Service Tax as applicable and assessed on the Employer have been also included in the prices/ rates, which shall be deducted from the Contractor and deposited to the concerned authority by the Employer.

3. The taxes and duties shall be dealt as per Section- 0 ITB Clause No. 11 and clause no. 7.0 of Section II – TCC.

Agree Only

D Corrupt, Fraudulent,Collusive or CoercivePractices

We hereby declare that we are not engaged in any Corrupt, Fraudulent, Collusive or Coercive Practices as mentioned in Clause No. 26 of Section- 0 ITB.

Agree Only

E Correctness of bid We hereby declare that information furnished with Bid is correct in all respect

Agree Only


TF&S 28

ANNEXURE IX

CHECK LIST

(To be uploaded online)

S. No.

Document Required Clause Reference

Action Required

Submitted (Yes/ No)

1. Information of Bidder (on letter head):

Name:

Correspondence Address:

Mobile No.

Email:

Fax:

Scanned copy to be uploaded

(Bidder should provide correct address and other details for correspondence. NHDC shall not be responsible for any kind of communication failure.)

2. Type of the Firm/Company

i) Proprietary:

ii) Partnership:

iii) Private Ltd. Co.

iv) Public Ltd. Co.

3. Copy of registration of

PAN

EPF

Service Tax

ITB Clause 2.2 Scanned copy to be uploaded

4. For qualification criteria of Past Experience

(i) Purchase order/ Supply order with BOQ/ Work order/ Letter of Award

a)

b)

c)


(ii) Completion/ Installation certificate of respective Purchase order/ Work orders issued by the respective purchaser/ owner

a)

b)

c)

5. Copy of Annual Report/ Audited Balance sheet & Profit & loss account/ Copy of Certificate from Chartered Account in respect of annual turnover along with ITR for


(i) 2012-13

(ii) 2013-14

(iii) 2014-15

TF&S 29

6. Tender Document Fee in any one form

ITB Clause 1.2.3

and 13.1

Scanned copy to be uploaded and submitted in original in the Office of Tender Inviting Authority.

(i) DD/BC amounting to ` 1500/-

(ii) Notarized copy of valid MSMEDA/ NSIC certificate

7. EMD in any one form ITB Clause 1.2.3 and 13.2

Scanned copy to be uploaded and submitted in original in the Office of Tender Inviting Authority.

(i) DD/BC amounting to ` 4,90,000/-

(ii)In case of Bank Guarantee, strictly in the format provided in TF&S, Amount for ` 4,90,000/- validity 11 months

(iii) Notarized copy of valid MSMEDA /NSIC certificate

8. Authorization/Power of attorney in respect of person for signing of documents & for online submission of Bid along with Partnership deed in case of partnership firm or memorandum and articles of association and certificate of incorporation in case of Pvt. Company/ Partnership firm.

ITB Clause 10.1 (A) and 17.1.1 to

17.1.5

Scanned copy to be uploaded and original to be submitted in the Office of Tender Inviting Authority.

9. Warranty Form Annexure-I of Section V TF&S

To be signed & Scanned copy be uploaded duly filled in.

10. Tender Acceptance Letter

(on company’s letterhead)

Annexure-II of Section V TF&S

11. ECS Form Annexure-III of Section V TF&S

12. MSMEDA declaration as per Performa. Annexure – IV of Section V TF&S

13. Fraud Policy Certificate Annexure – V of Section V TF&S

14. Declaration by Bidder Annexure – VI of Section V TF&S

15. Details of Past Experience & Financial Data

Annexure-VII of Section V TF&S

16. Declarations Annexure – VIII of Section VI

TF&S Declaration for De-Listing

Undertaking

Declaration regarding taxes & duties

Corrupt, Fraudulent, Collusive or Coercive Practices

Correctness of bid

(Seal and Sign of the Bidder or

Duly authorized Representative)

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