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ERCMPU
Page 1 of 43 SIGNATURE & SEAL OF TENDERER
ERNAKULAM REGIONAL CO-OPERATIVE MILK PRODUCERS‟ UNION LTD.
P.B.NO.2212, EDAPPALLY, KOCHI – 682 024
PHONE: 0484 – 2541193
NO.EU/PC/743/NPDD/EKM/2015
TENDER FOR THE SUPPLY, INSTALLATION & COMMISSIONING OF 500 KVA
DIESEL GENERATOR FOR PRODUCTS DAIRY
AT EDAPPALLY
KOCHI - 682024
ERCMPU
Page 2 of 43 SIGNATURE & SEAL OF TENDERER
BID FORM
1.
Registered Name of Bidder
2. Address Office Address
3. Telephone Land Phone
Mobile
Fax
ERCMPU
Page 3 of 43 SIGNATURE & SEAL OF TENDERER
TABLE OF CONTENTS
Vol
1. SECTION DESCRIPTION
PAGE
NO
E – TENDER NOTICE 4
GENERAL TENDER TERMS & CONDITIONS FOR
E-PROCUREMENT 5 - 8
1I SECTION - I INSTRUCTIONS TO BIDDERS 10 – 16
SECTION - II GENERAL CONDITIONS OF CONTRACT 18 – 26
SECTION – III SPECIAL CONDITIONS OF CONTRACT 28 – 30
SECTION – IV TECHNICAL SPECIFICATIONS 31 – 34
SECTION - V QUALIFICATION APPLICATION FORMAT 35
SECTION – VI MANUFACTURERS‟ AUTHORISATION FORM 36
SECTION – VII CONTRACT FORM 37 - 38
SECTION – VIII ACCEPTABLE FORMS OF BANK GUARANTEE 39 – 43
ERCMPU
Page 4 of 43 SIGNATURE & SEAL OF TENDERER
ERNAKULAM REGIONAL CO-OPERATIVE MILKPRODUCERS‟ UNION LTD.
P.B. NO. 2212, EDAPPALLY, KOCHI – 24
Phone-0484-2541193,2556863
NO.EU/PC/743/NPDD/EKM/2015 Date: 31.12.2014
E - TENDER NOTICE
1. Ernakulam Regional Co-operative Milk Producers‟ Union Ltd. Under „NPDD‟ Scheme,
centrally sponsored by Ministry of Agriculture, Department of Animal Husbandry &
Dairying & Fisheries, GOI invites Technical cum Commercial Tenders from the reputed
Manufacturers, Accredited Distributors & Dealers for supply, installation &
commissioning of 500 KVA DG Set at Products Dairy, Edappally.
A ITEM DESCRIPTION
Appox
Qty.
EMD
(Rs)
1. Supply, installation & commissioning of DG
Set (500 KVA) 1 No 35,000.00
2. Interested eligible Bidders may obtain further information from the office of the
Ernakulam Regional Cooperative Milk Producers‟ Union Ltd, Edappally.
3. The bid shall be submitted in two-cover system consisting of technical bid and price
bid. The price bid of those who qualify in the technical bid only will be opened.
4. Detailed terms and conditions, scope of work etc as indicated in the invitation to bid
are contained in the bidding document of the above work.
1. Bid Reference : NO.EU/PC/743/NPDD/EKM/2015
2.
Tender Download
: Can be downloaded from the website
www.etenders.kerala.gov.in
3. Price of Tender Documents : Rs 1000/- as online remittance
4. EMD : As specified, as on online remittance
5. Document download start date : 31.12.2014 at 5:00 PM
6. Pre Bid Meeting : 12.01.2015 11:00 Hours at Products
Dairy, Edappally
7. Bid submission start date
: 13.01.2015
8. Bid submission closing date
: 23.01.2015 at 11:00 AM
9. Date / Time of opening Technical
Tender
: 27.01.2015 at 11:30 Hours
10. Time of Completion : 90 days
11. Address of communication and place
of bid opening
: ERCMPU Ltd,
Edappally‟
Cochin - 24
12. Bid Validity : 60 days from 27.01.2015
5. All bids must be accompanied by Bid security (EMD) and tender fee as specified in the
e-tender notice.
Tender documents can also be seen in our web site www.ercmpu.in
MANAGING DIRECTOR
ERCMPU Ltd
ERCMPU
Page 5 of 43 SIGNATURE & SEAL OF TENDERER
General Tender Terms & Conditions for e-Procurement
This tender is an e-Tender and is being published online for supply, installation &
commissioning of DG Set (500 KVA) at Products dairy, Edappally. The tender is
invited in two cover system from the registered and eligible firms through e-
procurement portal of Government of Kerala (https://www.etenders.kerala.gov.in).
Prospective bidders willing to participate in this tender shall necessarily register
themselves with above mentioned e-procurement portal.
The tender timeline is available in the critical date section of this tender published in
www.etenders.kerala.gov.in.
A). Online Bidder registration process:
Bidders should have a Class II or above Digital Signature Certificate (DSC) to be
procured from any Registration Authorities (RA) under the Certifying Agency of India.
Details of RAs will be available on www.cca.gov.in. Once, the DSC is obtained,
bidders have to register on www.etenders.kerala.gov.in website for participating in
this tender. Website registration is a one-time process without any registration fees.
However, bidders have to procure DSC at their own cost.
Bidders may contact e-Procurement support desk of Kerala State IT Mission over
telephone at 0471- 2577088, 2577188, 2577388 or 0484 – 2336006, 2332262 -
through email: [email protected] for assistance in this regard.
B). Online Tender Process:
The tender process shall consist of the following stages:
i. Downloading of tender document: Tender document will be available for free
download on www.etenders.kerala.gov.in. However, tender document fees shall be
payable at the time of bid submission as stipulated in this tender document.
ii. Pre-bid meeting: 12.01.2015, 11.00 AM at Products Dairy, Edappally.
iii. Publishing of Corrigendum: All corrigenda shall be published on
www.etenders.kerala.gov.in and shall not be available elsewhere.
iv. Bid submission: Bidders have to submit their bids along with supporting documents
to support their eligibility, as required in this tender document (Clause No.3,
Instruction to Bidders) of www.etenders.kerala.gov.in. No manual submission of bid
is allowed and manual bids shall not be accepted under any circumstances.
v. Opening of Technical Bid and Bidder short-listing: The technical bids will be
opened, evaluated and shortlisted as per the eligibility and technical qualifications. All
documents in support of technical qualifications shall be submitted (online). Failure to
submit the documents online will attract disqualification. Bids shortlisted by this
process will be taken up for opening the financial bid.
ERCMPU
Page 6 of 43 SIGNATURE & SEAL OF TENDERER
vi. Opening of Financial Bids: Bids of the qualified bidder‟s shall only be considered
for opening and evaluation of the financial bid on the date and time mentioned in
critical date‟s section.
C). Documents Comprising Bid:
(i). The First Stage (Pre-Qualification or Technical Cover based on 1 cover or 2 cover
tender system):
Pre-Qualification or Technical proposal shall contain the scanned copies of the
following documents which every bidder has to upload:
For the purpose of this particular contract, bidder should meet the following
qualifying criteria as minimum:
a. The bidder should be in business as manufacturer, for a minimum period of
five years at the time of bid opening in the same name and style.
b. The bidder should have completed a minimum of three similar work of value
of the estimated value of the Contract, for which this Invitation to Bid is
issued, during the last five years.
c. The bidder's annual financial turnover in the same name and style in each year
of the last three years shall not be less than the probable amount of contract as
specified in the Invitation to Bid.
d. The bidder shall furnish a copy of the Income tax Returns for the previous
year in original or certified true copies.
The department doesn‟t take any responsibility for any technical snag or failure that
has taken place during document upload.
(ii). The Second Stage (Financial Cover or as per tender cover system):
The Bidder shall complete the Price bid as per format given for download along with
this tender.
Note: The blank price bid should be downloaded and saved on bidder‟s computer
without changing file-name otherwise price bid will not get uploaded. The bidder
should fill in the details in the same file and upload the same back to the website.
Fixed price: Prices quoted by the Bidder shall be fixed during the bidder's performance
of the contract and not subject to variation on any account. A bid submitted with an
adjustable/ variable price quotation will be treated as non - responsive and rejected.
ERCMPU
Page 7 of 43 SIGNATURE & SEAL OF TENDERER
D). Tender Document Fees and Earnest Money Deposit (EMD)
The Bidder shall pay, a tender document fees of Rs.1,000/- and Earnest Money
Deposit or Bid Security of Rs.35,000/-. The Bid security is required to protect the
purchaser against risk of Bidder‟s conduct, which would warrant the forfeiture of
security.
Online Payment modes: The tender document fees and EMD can be paid in the
following manner through e-Payment facility provided by the e-Procurement system:
i. State Bank of Travancore (SBT) Internet Banking: If a bidder has a SBT internet
banking account, then, during the online bid submission process, bidder shall select
SBT option and then select Internet banking option. The e-Procurement system will
re-direct the bidder to SBT‟s internet banking page where he can enter his internet
banking credentials and transfer the tender document and EMD amount.
ii. National Electronic Fund Transfer (NEFT)If a bidder holds bank account in a
different bank, then, during the online bid submission process, bidder shall select
NEFT option. An online remittance form would be generated, which the bidder can
use for transferring amount through NEFT either by using internet banking of his bank
or visiting nearest branch of his bank. After obtaining the successful transaction receipt
no., the bidder has to update the same in e-Procurement system for completing the
process of bid submission. Bidder should only use the details given in the Remittance
form for making a NEFT payment otherwise payment would result in failure in e-
Procurement system.
As NEFT payment status confirmation is not received by e-Procurement system on a
real-time basis, bidders are advised to exercise NEFT mode of payment option at least
48 hours prior to the last date and time of bid submission to avoid any payment
issues.
NEFT payment should done according to following guidelines:
i. Single transaction for remitting Tender document fee and EMD: Bidder should
ensure that tender document fees and EMD are remitted as one single transaction.
ii. Account number as per Remittance Form only: Account no. entered during
NEFT remittance at any bank counter or during adding beneficiary account in Internet
banking site should be the same as it appears in the remittance form generated for
that particular bid by the e-Procurement system. Bidder should ensure that tender
document fees and EMD are remitted only to the account number given in the
Remittance form provided by e-Procurement system for that particular tender.
Bidders must ensure that the banker inputs the Account Number (which is case
sensitive) as displayed in the Remittance form. No additional information like bidder
name, company name, etc. should be entered in the account no. column along with
account no. for NEFT remittance.
ERCMPU
Page 8 of 43 SIGNATURE & SEAL OF TENDERER
iii. Only NEFT Remittance Allowed: RTGS payments, Account to Account
transfers, State Bank Group Transfers (GRPT) or Cash payments are not allowed and
are treated as invalid mode of payments. Bidder must ensure that the banker does
NEFT transaction only irrespective of the amount and specially instruct the banks not
to convert the payment type to RTGS or GRPT.
iv. Amount as per Remittance form: Bidder should ensure that the amount being
remitted is neither less nor higher than the amount shown in remittance form.
v. UTR Number: Bidders should ensure that the remittance confirmation (UTR
number) received after NEFT transfer should be updated as it is, in the e-Procurement
system for tracking the payment.
vi. One Remittance Form per Bidder and per Bid: The remittance form provided
by e-Procurement system shall be valid for that particular bidder and bid and should
not be re-used for any other tender or bid or by any other bidder.
Any transaction charges levied while using any of the above modes of online payment
has be borne by the bidder. The supplier/contractor's bid will be evaluated only if
payment status against bidder is showing “Success” during bid opening.
E). SUBMISSION PROCESS:
For submission of bids, all interested bidders have to register online as explained
above in this document. After registration, bidders shall submit their Technical bid and
Financial bid online on www.etenders.kerala.gov.in along with online payment of
tender document fees and EMD.
For page-by-page instructions on bid submission process, please visit
www.etenders.kerala.gov.in and click “Bidders Manual Kit” link on the home page.
It is necessary to click on “Freeze bid” link/ icon to complete the process of bid
submission otherwise the bid will not get submitted online and the same shall not be
available for viewing/ opening during bid opening process.
ERCMPU
Page 9 of 43 SIGNATURE & SEAL OF TENDERER
SECTION I . INSTRUCTION TO BIDDERS
CLAUSE SUBJECT PAGE No.
A. Introduction
1. Source of Funds 10
2. Eligible Bidders 10
3. Cost of Bidding 10
B. Bidding Documents
4. Content of Bidding Documents 10
5. Instructions 10
6. Clarification of Bidding Documents 11
7. Amendment of Bidding Documents 11
C. Preparation of Bids
8. Language of Bid 11
9. Documents Comprising the Bid 11
10. Bid Form 11
11. Bid Prices 12
12. Bid currency & payments 12
13. Documents Establishing Bidder's Eligibility and qualifications 12-13
14. Documents Establishing Goods Eligibility and Conformity
to Bid document 13
15. Bid Security 13-14
16. Period of validity of bids 14
17. Variation in bidding conditions 14
18. Pre bid meeting 14
D. Submission of Bids
19. Bid submission 14
E. Bid Opening and Evaluation
20. Opening of Bids 14
21. Conversion to Single Currency 15
F. Award of Contract
22. Post qualification 15
23. Award criteria 15
24. ERCMPU's right to accept any bid and to
Reject any or all bids 15
25. Notification of award 15-16
26. Signing of contract 16
27. Performance security 16
28. Clarification of Bids (Pre Bid Meeting) 16
ERCMPU
Page 10 of 43 SIGNATURE & SEAL OF TENDERER
SECTION I . INSTRUCTION TO BIDDERS
A. Introduction
1.0 The project is financed under NPDD Scheme
1.1 Description
Supply, installation & commissioning of DG Set (500 KVA) under NPDD Scheme
1.2 Owner – Managing Director, ERCMPU Ltd
2.0. Eligible Bidders
2.1 This invitation for Bids is open to all eligible bidders as per the eligibility criteria
of this bidding document.
3.0 Cost of Bidding
3.1 The Bidder shall bear all costs associated with the preparation and submission of
his bid, and the Ernakulam Regional Co-operative Milk Producers‟ Union ltd.,
hereinafter referred to as "ERCMPU", will in no case be responsible or liable for
those costs, regardless of the conduct or outcome of the bidding process.
B. The Bidding Documents
4.0 Content of Bidding Document includes the number of copies as stated below
Number of Volume Section Description copies
Copies
I I 0 E – tender Notice
I Instruction to Bidders
II General Conditions of Contract
III Special Conditions of Contract Part I
IV Special Conditions of Contract Part II
V Technical Specifications
VI Qualification application format
VI I Manufacturers‟ authorization
form
VIII Technical deviation statement form
IX Form of Agreement
X Acceptable Forms of Bank Guarantee
II XI Schedule of Quantities
5.0 The Bidder is expected to examine all instructions, forms, terms and specifications
in the Bidding Documents, etc. Failure to furnish all information required by the
Bidding Documents or submission of a bid not substantially responsive to the
Bidding Documents in every respect will be at the Bidder's risk.
ERCMPU
Page 11 of 43 SIGNATURE & SEAL OF TENDERER
6.0 Clarification of Bidding Documents
A prospective Bidder requiring any clarification of the Bidding Documents may
notify to ERCMPU in writing or by mail, fax, or e-mail at the mailing address
indicated in the Invitation for Bids. ERCMPU will respond in email to any
request for clarification of the Bidding Documents, which it receives not later
than 10 days prior to the deadline for the submission of bids prescribed by the
ERCMPU.
7.0 Amendment of Bidding Documents
7.1 At any time prior to the deadline for submission of bids, the ERCMPU may, for
any reason, whether at its own initiative or in response to a clarification
requested by a prospective Bidder, modify the Bidding Documents by
amendment.
7.2 The amendment if any will be informed through corrigendum published.
7.3 In order to afford prospective Bidders reasonable time in which to take the
amendment into account in preparing their bids, the ERCMPU may, at its
discretion, extend the deadline for the submission of bids.
7.4 There shall not be any individual communication in respect of general
notices, amendments, etc. The prospective offers are advised to check for
updates in our website www.ercmpu.in and https://etenders.kerala.gov.in on a
day to day basis. The prospective tenderers are advised to browse the website
of ERCMPU on a day-today basis and to go through the corrigendum in
https://etenders.kerala.gov.in till the tender is concluded.
C. Preparation of Bids
8.0 Language of Bid
The Bid prepared by the Bidder and all correspondence and documents
relating to the bid exchanged by the Bidder and the ERCMPU, shall be written
in the English language. Supporting documents and the printed literature
furnished by the Bidder may be written in another language provided they are
accompanied by an English translation of pertinent passages in the above
stated language. For the purpose of interpretation of the bid, the English
translation shall prevail.
9.0 Documents comprising the Bid
The bid prepared by the Bidder shall comprise the following components:
a. Bid security (Earnest Money Deposit)
b. Schedule of quantities
c. Documentary evidence established in accordance with clause 13 that the
Bidder is eligible to bid and is qualified to perform the contract if bid is
accepted.
d. Documentary evidence established in accordance with Clause 14 that the
goods and ancillary services to be supplied by the Bidder are eligible goods
and services and conform to the Bidding Documents
10.0 Bid Form
The Bidder shall complete the BOQ document exhibited in the e tender
ERCMPU
Page 12 of 43 SIGNATURE & SEAL OF TENDERER
11.0 Bid Prices
11.1 All duties, taxes and other levies, entry tax etc., for supply shall be payable by the
bidder under the contract shall be shown separately in the rate and the prices and
total bid price submitted by the bidder and evaluation and the comparison of
bids by the ERCMPU shall be made accordingly.
11.2 Fixed price
The rates and prices quoted by the bidder shall be fixed for the duration of the
contract period and shall not be subjected to adjustment on any account.
12.0 Bid Currency & payments
For all goods and services covered in this Bidding Document, prices & payments
shall be in Indian Rupees only.
13.0 Documents Establishing Bidders' Eligibility and qualifications.
13.1 Pursuant to clause 9, the Bidder shall furnish, as part of its bid, documents
establishing the Bidder's eligibility to bid and its qualification to perform the
Contract if its bid is accepted. For the purpose of this bidder shall meet the
following qualification criteria as a minimum:
a. The bidder should be in business as manufacturer, for a minimum period
of five years at the time of bid opening in the same name and style.
Dealers who quote for the tender should submit manufactures
authorization form.
b. The bidder should have completed a minimum of three similar work of
value of the estimated value of the Contract, for which this Invitation to
Bid is issued, during the last five years.
c. The bidder's annual financial turnover in the same name and style in each
year of the last three years shall not be less than the probable amount of
contract as specified in the Invitation to Bid.
d. The bidder shall furnish a copy of the Income tax Returns for the
previous year in original or certified true copies.
13.2 The documentary evidence of the Bidder's eligibility to bid shall be established to
the ERCMPU's satisfaction
13.3 The documentary evidence of the Bidder's qualifications to perform the Contract
if its bid is accepted shall be established to the ERCMPU's satisfaction.
1. That, the Bidder has the financial and business capability necessary to perform
the Contract. To this end, all bids submitted shall include the following
information along with formats under Section V.
a. Copies of original documents defining the constitution or legal status,
place of registration and principal place of business of the company or
firm or partnership etc.
ERCMPU
Page 13 of 43 SIGNATURE & SEAL OF TENDERER
b. Details of experience and past performance of the bidder on works of
similar nature and capacity within the past 5 years and details of current
contracts in hand and other commitments; (Name of work – turn-key
jobs, capacity of the plant executed, Contract reference, Name and
detailed postal address of client, value of work, time of completion, date
of completion etc. are to be furnished).
c. Reports on financial standing of the Bidder such as profit and loss
statements, balance sheets and auditor's report of the past three years,
bankers solvency certificates etc;
d. Income tax clearance certificate and sales tax clearance certificate for the
previous three years, in original/certified true copies.
e. Copy of license/certificate issued by competent authorities.
f. Information regarding any current litigation in which the bidder is
involved.
14.0 Documents Establishing Goods' Eligibility and Conformity to Bidding Documents.
14.1 Pursuant to Clause 9, the Bidder shall furnish, as part of its bid, documents
establishing the eligibility and conformity to the Bidding Documents of all goods
and services, which the Bidder proposes to supply under the Contract.
14.2 The documentary evidence of the goods and services conformity to the Bidding
Documents may be in the form of literature, drawing and data, and shall furnish
a detailed description of the goods essential technical and performance
characteristics.
14.3 Pursuant to Clause 14.2 above, the Bidder shall note that standards for
workmanship, material and equipment, and references to brand names or
catalogue numbers designated by the ERCMPU in its Technical Specifications are
intended to be descriptive only and not restrictive. Bidder should quote for the
item as per the technical specification given by the ERCMPU.
15.0 Bid Security (Earnest Money Deposit)
15.1 The Bidder shall furnish, as part of its bid, bid security for the amount as specified
in the E – tender notice through ONLINE NEFT TRANSACTION
15.2 Any bid not accompanied by an acceptable bid security pursuant to Clause No
15.1 hereof shall be automatically rejected.
15.3 The bid Securities of the unsuccessful bidders shall be refunded as promptly as
possible, but not later than 30 days after the expiry of the period of bid validity
as prescribed in these documents through ONLINE NEFT TRANSACTION.
15.4 The bid Securities of the successful bidder(s) shall be refunded when the bidder
has signed the agreement and furnish the required performance security.
15.5 No interest shall be paid by ERCMPU on the bid security furnished by the bidder.
15.6 The bid security may be forfeited:
a. If a Bidder withdraws its bid during the period of bid validity.
b. In the case of successful Bidder, if the Bidder fails within the time limit:
ERCMPU
Page 14 of 43 SIGNATURE & SEAL OF TENDERER
I. To sign the agreement
II. To furnish performance security
16.0 Period of validity of Bids
16.1 Bids shall remain valid for 60 days after the date of bid opening prescribed by the
ERCMPU. A bid valid for a shorter period may be rejected by the ERCMPU as
non-responsive.
16.2 In exceptional circumstance, prior to the expiry of the original bid validity
period, ERCMPU may request the Bidders for a specific extension in the period of
validity. The request and the response thereto shall be made in writing (or by
cable or mail). A Bidder may refuse the request without forfeiting its bid security.
The bidder agreeing to the request all not be permitted to modify his bid, but
shall be required to extend the validity of his bid security correspondingly. The
provision of clause 15 shall continue to apply during the extended period of bid
validity.
17.0 Variation in Bidding conditions
The bidder shall submit offer, which comply fully with the requirements of the
bidding documents, including the basic technical design as indicated in the
drawings and specifications. Conditional bids are considered as nonresponsive.
18.0 Pre Bid Meeting
18.1 The bidder or his authorized representative is advised to attend a pre-bid
meeting which will be convened at the office of the ERCMPU on a date and
time as stated in the INVITATION TO BID (E-TENDER NOTICE).
18.2 The purpose of the meeting will be to clarify issues and to answer questions on
any matter that may be raised at that stage.
18.3 The bidder is requested to submit any question in writing or by email to reach
the ERCMPU not later than one week before the meeting.
18.4 Minutes of the meeting of the pre-bid will be published in the website.
D Submission of bids
19.0
a. The bid shall be in two parts viz. technical and commercial (price). The
technical bid shall be in accordance with the clause No.13 and No.14
and details finalized in pre-bid minutes & corrigendum.
a. The price bids of those who qualified in the pre-qualification criteria
indicated in clause No.13 and No.14 & Clause No 8 of general
conditions will only be opened.
E BID OPENING AND EVALUATION
20.0 Bid opening
20.1 Bids will be opened at the time and date specified in the NIT.
ERCMPU
Page 15 of 43 SIGNATURE & SEAL OF TENDERER
21.0 Conversion to Single Currency
21.1 All bid prices shall be submitted in Indian currency only.
F. AWARD OF CONTRACT
22.0 Post-qualification
22.1 ERCMPU will determine to its satisfaction whether the Bidder selected as having
submitted the lowest evaluated responsive bid is qualified to satisfactorily
perform the Contract.
22.2 The determination will take into account the Bidder's financial, technical
capabilities. It will be based upon an examination of the documentary evidence
of the Bidder's qualifications submitted by the Bidder, pursuant to Para 13, as well
as such other information as the ERCMPU deems necessary and appropriate
including details of experience and records of past performance.
22.3 An affirmative determination will be a prerequisite for award of the contract to
the Bidder. A negative determination will result in rejection of the Bidder's bid, in
which event; ERCMPU will proceed to the next lowest evaluated bid to make a
similar determination of that Bidder's capabilities to perform satisfactorily.
23.0 Award Criteria
23.1 Subject to clause 24, the ERCMPU shall 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. While finalizing the contract the
rate as well as the merits of the equipment will be considered
23.2 ERCMPU's right to vary quantities at time of award
ERCMPU reserves the right at the time of award of contract to increase or
decrease the quantity of goods and services specified in the schedule of
requirement without any change in unit price or other terms and conditions.
24.0 ERCMP's Right to Accept any bid and to reject any or all bids
24.1 Notwithstanding clause 23 or any other clauses stated above, the ERCMPU
reserves the right to accept or reject any bid and to annul the bidding process
and reject all bids, at any time prior to the award of the Contract, without
thereby incurring any liability to the affected bidder(s) or any obligation to
inform the affected bidder(s) of the grounds for the ERCMPU 's action.
25.0 Notification of Award
25.1 Prior to the expiry of the period of bid validity prescribed in the bid
documents, the ERCMPU will notify the successful bidder by fax/ e - mail that
his bid has been accepted. This letter (hereinafter and in the Conditions of
Contract referred to as "Letter of Acceptance") shall name the sum which the
ERCMPU will pay to the Contractor in consideration of the execution,
completion and the maintenance of the works by the Contractor as prescribed
by the Contract (hereinafter and in the Conditions of the Contract referred to
as the "Contract price").
25.2 The notification of the award will constitute the formation of the Contract.
ERCMPU
Page 16 of 43 SIGNATURE & SEAL OF TENDERER
25.3 Upon the furnishing by the successful bidder of a performance security in
accordance with the clause 27 the ERCMPU will notify the unsuccessful bidders
that their bids have been unsuccessful.
26.0 Signing of Agreement
The successful bidder has to execute and agreement within 15 days of receipt of
the order.
27.0 Performance Security
27.1 Within 20days of the receipt of the work order the successful bidder shall
furnish a performance security 10% of the contract value. The performance
security in the form of Demand Draft or Bank Guarantee in favour of
Ernakulam Regional Co-operative Milk Producers‟ Union Limited. The Bank
guarantee shall be valid for the entire period of contract including guarantee
period plus 90 days
27.2 Failure of the successful Bidder to comply with the requirement of Clause 25 or
Clause 26 shall constitute sufficient grounds for the annulment of the award and
forfeiture of the bid security, in which event the ERCMPU may make the award
to the next lowest evaluated bidder or call for new bids .
28.0 Clarification of Bids (Pre Bid Meeting)
To assist in the examination, evaluation and comparison of bids the ERCMPU
may, at its discretion, ask the Bidders for a clarification of its bid. The request for
clarification and the response shall be in writing and no change in the price or
substance of the bid shall be sought, offered or permitted.
ERCMPU
Page 17 of 43 SIGNATURE & SEAL OF TENDERER
SECTION II . GENERAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
Clause Topic Page Clause Topic Page
No. No.
1. Definitions 18 17. Assignment 22
2. Application 18 18. Subcontracts 22
3. Country of Origin 18 19. Delays in Contractor's
Performance 22
4. Standards 18 20. Liquidated Damages 23
5. Use of Contract Documents 18-19 21. Termination for default 24
6. Patent Rights 19 22. Force Majeure 24
7. Performance Security 19 23. Termination for insolvency 24-25
8. Inspections and Tests 19-20 24. Termination for convenience 25
9. Packing & Marking 20 25. Resolution of disputes 25
10. Delivery and Documents 20 26. Governing Languages 24
11. Insurance 20-21 27. Applicable law 25
12. Transportation 21 28. Notices 25
13. Incidental Services 21 29. Taxes and duties 25
14. Warranty/Guarantee 22 30. Right to use defective
Equipment 25
15. Payment 22
16. Prices 23
ERCMPU
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SECTION II - GENERAL CONDITIONS OF CONTRACT
1.0 Definitions
1.1 In this contract, the following terms shall be incorporated as indicted
a. "The Contract" means the agreement entered into between the ERCMPU and
the Successful bidder, as recorded in the Contract Form signed by the parties,
including all attachments and appendices thereto and all documents
incorporated by reference therein:
b. "The Contract Price" means the price payable to the Contractor under the
Contract for the full and proper performance of its contractual obligations;
c. "The Goods" means all of the equipment, machinery, and/or other materials,
which the Contractor is required to supply to the ERCMPU under the
Contract
d. "Services" means services ancillary to the supply of the Goods, such as
transportation and insurance, and any other incidental services, such as
installation, commissioning, provisions of technical assistance, training and
other such obligations of the Contractor covered under the Contract;
e. "The ERCMPU" Shall mean The Ernakulam Regional Co-operative Milk
Producers‟ Union Ltd
f. "The Contractor" means the successful bidder whose bid has been accepted
by the ERCMPU and on whom a work order has been placed and shall
include his heirs, legal representatives and assignees.
h. Engineer-in-charge means the Engineer or any other authorized
representatives of the ERCMPU who is empowered to take decision on
behalf of ERCMPU for the purpose of the Contract.
2.0 Application
These General Conditions shall apply to the extent that provisions in other parts
of the Contract do not supersede them.
3.0 Standards
3.1 The Goods supplied under this Contract shall conform to the standards
mentioned in the Technical specifications, and, when no applicable standard is
mentioned, to the Indian Standards.
4.0 Country of Origin
Indian. The bidder (authorized representative or dealer) in India can quote for
the equipment manufactured in any foreign country.
5.0 Use of Contract Documents and Information
5.1 The Contractor shall not, without the ERCMPU's prior written consent, disclose
the Contract, or any provision thereof, or any specification, plan, drawing,
pattern, sample or information furnished by or on behalf of the ERCMPU in
connection therewith, to any person other than a person employed by the
Contractor in the performance of the Contract. Disclosure to any such employed
person shall be made in confidence and shall extend only so far as may be
necessary for purposes of such performance.
ERCMPU
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5.2 The Contractor shall not, without the ERCMPU's prior written consent, make use
of any document or information enumerated in para.5.1 except for purposes of
performing the Contract.
5.3 Any document, other than the Contract itself, enumerated in the para.5.1 shall
remain the property of the ERCMPU and shall be returned (in all copes) to the
ERCMPU on completion of the Contractor's performance under the Contract if
so required by the ERCMPU.
6.0 Patent Rights
6.1 The Contractor shall indemnify the ERCMPU against all third-party claims of
infringement of patent, trademark or industrial design rights arising from use of
the goods or any part thereof in India.
7.0 Performance Security
7.1 Within 20 days after the Contractor's receipt of notification of award of the
Contract, the Contractor shall furnish performance security to the ERCMPU in the
amount specified in the Special Conditions of Contract.
7.2 The proceeds of the performance security shall be payable to the ERCMPU as
compensation for any loss resulting from Contractor's failure to complete its
obligations under the Contract.
7.3 The performance security shall be denominated in Indian Rupees and shall be
in the following form:
i. A Bank guarantee issued by a Nationalized Indian Bank.
ii. Demand draft in favour of Ernakulam Regional Co-operative Milk Producers‟
Union Ltd payable at Ernakulam
iii. The bank guarantee shall be valid till the expiry of the warranty period.
7.4 The performance security will be discharged by the ERCMPU and returned to the
contractor not later than 30 days following the date of completion of the
Contractor's performance obligations, including any warranty obligations, under
the Contract.
7.5 In the event of increase in the Contract value, in actual execution, proportionate
additional performance security shall be paid by the Contractor if called upon to
do so.
7.6 In the event of decrease in the Contract value the performance security shall be
proportionately adjusted on the completion of the work.
7.7 No interest shall be paid by the ERCMPU for the amount deposited as
Performance security with the ERCMPU.
8.0 Inspection and Tests
8.1 The ERCMPU or its representatives shall have the right to inspect and/or test the
Goods to confirm their conformity to the Contract. The Special Conditions of
Contract and/or the Technical Specifications shall specify what inspections and
tests the ERCMPU requires and where they are to be conducted. The ERCMPU
shall notify the Contractor in writing of the identity of any representatives, if
retained for these purposes.
8.2 The Inspections and tests may be conducted on the premises of the contractor or
its subcontractor(s), at point of delivery and/or at the Good's final destination.
ERCMPU
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Where conducted on the premises of the Contractor or its sub-contractor(s), all
reasonable facilities and assistance-including access to drawing and production
data-shall be furnished to the inspectors at no charge to the ERCMPU. In case of
any defects of deficiency notified by the ERCMPU's inspection authority, the
Contractor will rectify and make good the same without delay and not proceed
further processing of such item(s) of Goods without obtaining approval from the
inspection authority.
8.3 Should any inspected or tested Goods fail to conform to the specifications, the
ERCMPU may reject them and the Contractor shall either replace the rejected
Goods or make all alternations necessary to meet specification requirements free
of cost to the ERCMPU.
8.4 The ERCMPU's right to inspect, test and, where necessary, reject the goods after
the Goods' arrival at Destination shall in no way be limited or waived by reason
of the Goods having previous been inspected, tested and passed by the ERCMPU
or its representative prior to the Goods shipment from the country of origin.
8.5 Nothing in Clause 8 shall in any way release the Contractor from any warranty
or other obligations under the Contract.
9.0 Packing and Marking
9.1 The Contractor shall provide such packing of the Goods as is required to
prevent their damage or deterioration during transit to their final destination as
indicted in the Contract. The packing shall be sufficient to withstand, without
limitation, rough handling during transit and exposure to temperature, salt and
precipitation during transit and open storage. Packing case size and weights
shall take into consideration, where appropriate, the remoteness of the Goods'
final destination and the absence of heavy handling facilities at all points in
transit.
9.2 The packing, marking and documents within and outside the packages shall
comply strictly with such special requirements as shall be expressly provided for in
the Contract and, in any subsequent instructions ordered by the ERCMPU.
9.3 Each package shall be marked to indicate:
a. Name of the Contractor b. Details of items in the package
c. Name of the Consignee d. Work order Number
e. Gross, net and tare weight f. Destination
10.0 Delivery and Documents
10.1 Delivery of the goods shall be made by the Contractor in accordance with the
terms specified by the ERCMPU in its Schedule of Requirements and the Special
Conditions of Contract.
11. Insurance
11.1 The goods supplied under the Contract shall be fully insured in Indian Rupees
against loss or damage incidental to manufacture or acquisition, transportation,
storage and delivery in the manner specified in the Special Conditions of
Contract.
ERCMPU
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11.2 Where delivery of the Goods is required by the ERCMPU on a CIF basis, the
Contractor shall arrange and pay for marine insurance naming the ERCMPU as
the beneficiary. After arrival of the goods and prior to the commencement of the
mechanical erection the bidder shall arrange a comprehensive storage cum
erection insurance naming ERCMPU as the beneficiary. The storage cum erection
insurance policy shall cover the entire value of the goods including erection work
as per the order value of ERCMPU.
11.3 The Contractor shall provide a copy of the insurance policy along with invoice to
the ERCMPU who will make arrangements to extend the validity of the policy, if
necessary.
11.4 The Contractor shall
a. Initiate and pursue claim till settlement, and
b. Prompt make arrangements for repair and/or replacement of any damaged
item/s irrespective of settlement of claim by the underwriters.
12.0 Transportation
12.1 The Contractor is required under the Contract to deliver the Goods FOR
Destination, specified in the Schedule of requirement. Transport of the Goods
to the destination shall be arranged and paid for by the Contractor and the
cost thereof shall be included in the contract price.
12.2 Where the Contractor is required to effect delivery under any other terms, for
example, by post or to another address in the source country, the Contractor
shall be required to meet all transport and storage expenses until delivery.
12.3 In all the above cases, transportation of the Goods after delivery shall be the
responsibility of the ERCMPU.
13.0 Incidental Services
13.1 As specified in the Special conditions of Contract, the Contractor may be required
to provide any or all of the following services:
a. Performance or supervision of on-site assembly and/or start-up of the supplied
goods;
b. Furnishing of tools required for assembly and/or maintenance of the supplied
goods;
c. Furnishing of a detailed operations and maintenance manual for each
appropriate unit of the supplied goods;
e. Performance or supervision or maintenance and/or repair of the supplied
Goods, for a period of time agreed by the parties, provided that this service
shall not relieve the Contractor of any warranty obligations under this
Contract and
e. Conduct of training of the ERCMPU's personnel, at the Contractor's plant
and/or on-site in assembly, start-up operation, maintenance and/or repair of
the supplied goods.
13.2 Prices charged by the Contractor for the preceding incidental services should be
included in the price for the Goods.
ERCMPU
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14.0 Warranty/Guarantee
14.1 The Contractor warrants that the Goods supplied under the Contract are new,
unused, of the most recent or current models and incorporate all recent
improvements in design and materials unless provided otherwise in the contract.
The Contractor further warrants that the Goods supplied under this Contract shall
have no defect arising from design, materials or workmanship (Except in so far as
the design or material is required by the ERCMPU's specifications) or from any act
or omission of the Contractor, that may develop under normal use of the
supplied Goods in the conditions obtaining in the country of final destination.
The Contractor also guarantees that the Goods supplied shall perform
satisfactorily as per the designed/rated/installed capacity as provided for in the
Contract.
14.2 This warranty/guarantee shall remain valid for 12 months after the Goods, or any
portion thereof as the case may be, have been delivered and commissioned to
the final destination indicated in the Contract.
14.3 The ERCMPU shall promptly notify the Contractor in writing of any claims
arising under this warranty.
14.4 Upon receipt of such notice, the Contractor shall, with all reasonable speed,
repair or replace the defective Goods or parts thereof, without costs to the
ERCMPU.
14.5 If the Contractor, having been notified, fails to remedy the defect(s) within a
reasonable period, the ERCMPU may proceed to take such remedial action as
may be necessary, at the Contractor's risk and expenses and without prejudice to
any other rights which the ERCMPU may have against the Contractor under the
Contract.
14.6 This warranty/guarantee shall not cover any damage/s resulting from normal
wear and tear or improper handling by the ERCMPU or his authorized
representatives.
14.7 For assessing the rated performance of the plant, the combined capacity as well
as individual equipment capacity shall be reckoned. The Plant shall be operated
for 8 hours continuously per shift.
15.0 Payment
15.1 The method and conditions of payment to be made to the Contractor under the
Contract shall be specified in the Special Conditions of Contract.
15.2 The Contractor's request(s) for payment shall be made to the ERCMPU in
writing, accompanied by an invoice describing, as appropriate, the Goods
delivered and Services performed, and by shipping documents, submitted
pursuant to Clause 10, and fulfillment of other obligations stipulated in the
Contract.
15.3 Payments shall be made promptly by the ERCMPU within thirty days of
submission of an invoice/claim by the Contractor.
15.4 The currency in which payment is made to the Contractor under this Contract
shall be Indian Rupees.
ERCMPU
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16.0 Prices
16.1 Prices charged by the Contractor for Goods delivered and Services performed
under the Contract shall not, vary from the prices quoted by the Contractor in its
bid.
17.0 Assignment
17.1 The Contractor shall not assign, in whole or in part, its obligations to perform
under the Contract, except with the ERCMPU's prior written consent.
18.0 Subcontracts
18.1 The contractor shall notify the ERCMPU in writing of all subcontracts awarded
under the Contract if not already specified in his bid. Such notification, in his
original bid or later, shall not relieve the Contractor from any liability or
obligation under the Contract.
18.2 Subcontracts must comply with the provisions of Clause 3.
19.0 Delays in the Contractor's Performance
19.1 Delivery of the Goods and performance of services shall be made by the
Contractor in accordance with the time schedule specified by the ERCMPU in its
Schedule of Requirements.
19.2 An unexcused delay by the Contractor in the performance of its delivery
obligations shall render the Contractor liable to any or all of the following
sanctions: forfeiture of its performance security, imposition of liquidated damages
and/or termination of the Contract for default.
19.3 If any time during performance of the contract, the contractor or its
subcontractor(s) should encounter conditions impeding timely delivery of the
Goods and performance of Services, Contractor shall promptly notify ERCMPU
in writing of the fact of delay, its likely duration and its cause(s). As soon as
practicable after receipt of the Contractor's notice, the ERCMPU shall evaluate
the situation and may at its discretion extend the Contractor's time for
performance, in which case the extension shall be ratified by the parties by
amendment of the Contract.
20.0 Liquidated Damages
20.1 Subject to Clause 22, if the Contractor fails to deliver any or all of the Goods or
perform the Services within the time period(s) specified in the Contract, the
ERCMPU shall, without prejudice to its other remedies under the Contract,
deduct from the Contract price, as liquidated damages, a sum equivalent to:
I. 0.25% of the full contract value for each week of delay
II. The total amount so deducted shall not exceed 5% of the Contract value.
Once the maximum is reached, the ERCMPU may consider termination of the
Contract.
20.2 Any incremental taxes and levies on account of delay in performance of the
Contract by the Contractor shall be to the Contractor's account.
ERCMPU
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21.0 Termination for Default
21.1 The ERCMPU may, without prejudice to any other remedy for breach of
contract, by written notice of default sent to the Contractor, terminate the
Contract in whole or in part;
a. If the Contractor fails to deliver any or all of the Goods within the time
period(s) specified in the Contract, or any extension thereof granted by the
ERCMPU pursuant to Clause 19;
or
b. If the Contractor fails to perform any other obligation(s) under the Contract.
21.2 In the event the ERCMPU terminate the Contract in whole or in part, pursuant to
para.21.1 the ERCMPU may procure upon such terms and in such manner, as it
deems appropriate, Goods similar to those undelivered, and the Contractor shall
be liable to the ERCMPU for any excess costs for such similar Goods. However,
the contractor shall continue performance of the Contract to the extent not
terminated.
21.3 Consequent to such termination of Contract, the ERCMPU shall recover the
advance paid, if any, to the Contract along with interest @ 18% per annum
compounded quarterly on the last day of March, June, September and December
on the advance paid for the entire period for which the advance was retained by
the Contractor.
22.0 Force Majeure
22.1 Notwithstanding the provisions of Clauses 19,20,21, the Contractor shall not be
liable for forfeiture of its performance security, liquidated damages or termination
for default, if and to the extent that, its delay in performance or other failure to
perform its obligations under the Contract is the result of an event of Force
Majeure.
22.2 For purposes of this clause, "Force Majeure" means an event beyond the control
of the Contractor and not involving the Contractor's fault or negligence and not
foreseeable. Such events may include, but are not restricted to, acts of the
ERCMPU either in its sovereign or contractual capacity, wars or revolutions, fires,
floods, epidemics, quarantine restrictions and freight embargoes.
22.3 If a Force Majeure situation arises, the Contractor shall promptly notify the
ERCMPU in writing of such condition and the cause thereof. Unless otherwise
directed by the ERCMPU in writing, the Contractor shall continue to perform its
obligations under the Contract as far as is reasonably practical, and shall seek all
reasonable alternative means for performance not prevented by the Force
Majeure event.
23.0 Termination for Insolvency
The ERCMPU may at any time terminate the Contractor by giving written notice
to the Contractor, without compensation to the Contractor if;
a. The Contractor becomes bankrupt or otherwise insolvent
b. The Contractor being a Company is wound up voluntarily by the order of a
Court, receiver, liquidator or Manger appointed on behalf of the debenture
holders or circumstances shall have arisen which entitle the court or debenture
holders to appoint a receiver liquidator or a Manager, provided that such
ERCMPU
Page 25 of 43 SIGNATURE & SEAL OF TENDERER
termination will not prejudice or affect any right of action or remedy which has
accrued or will accrue thereafter to the ERCMPU.
24.0 Termination for Convenience
24.1 The ERCMPU, may be written notice sent to the Contractor, terminate the
Contract, in whole or in part, at any time for its convenience. The notice of
termination shall specify that termination is for the ERCMPU's convenience, the
extent to which performance of work under the Contract is terminated, and the
date upon which such termination becomes effective.
24.2 The Goods that are complete and ready for shipment within 30 days after the
Contractor's receipt of notice of termination shall be purchased by the ERCMPU
at the Contract terms and prices. For the remaining Goods, ERCMPU may elect:
a. To have any portion completed and delivered at the Contract terms and
prices;
and/or
b. To cancel the remainder and pay to the Contractor an agreed amount for
partially completed Goods and for materials and parts previously procured by
the Contractor.
25.0 Resolution of Disputes
25.1 The ERCMPU and the Contractor shall make every effort to resolve amicably by
direct informal negotiation any disagreement or dispute arising between them
under or in connection with the Contract.
25.2 If, after thirty days from the commencement of such informal negotiations, the
ERCMPU and the Contractor have been unable to resolve amicably a Contract
dispute, either party may require that the dispute be referred for resolution to the
formal mechanisms specified in the Special Conditions of Contract. The
mechanism shall b specified in the Special conditions of Contract.
26.0 Governing Language
English.
27.0 Applicable law
The Contract shall be interpreted in accordance with the laws of the Union of
India.
28.0 Notices
28.1 Any notice given by one party to the other pursuant to the Contract shall be sent
in writing or by fax or mail/cable and confirmed in writing to the address
specified for that purpose in the Special Conditions of Contract.
28.2 A notice shall be effective when delivered or on the notice's effective date,
whichever is later.
29.0 Taxes & duties
29.1 The contractor shall be entirely responsible for all taxes, duties, entry tax license
fees etc. including unloading until delivery of the contracted Goods, including
ERCMPU
Page 26 of 43 SIGNATURE & SEAL OF TENDERER
supervision of installation and commissioning, to the ERCMPU. Any variation in
taxes and duties will be absorbed by ERCMPU Ltd
29.2 The Contractor shall be liable to pay all corporate taxes, income tax, Entry tax at
check post, Contribution to Employee‟s Provident Fund, Sales Tax on works
contract (if any), value added tax and other taxes that shall be levied according
to the laws and regulations applicable from time to time in India and Kerala and
the price bid by the Contractor shall include all such taxes. Whenever the laws
and regulations require deduction of such taxes at the source of payment, the
ERCMPU shall effect such deductions from the payment due to the Contractor.
The remittance of amounts so deducted and issuance of certificate for such
deductions shall be made by the ERCMPU as per the laws and regulations in
force. Nothing in the Contract, shall relive the Contractor from his responsibility
to pay any tax that may be levied in India on income and profits made by the
Contractor from his responsibility to pay any tax that may be levied in India on
income and profits made by the Contractor in respect of the Contract. The
Contractor's staff, personnel and labour will be liable to pay personal income
taxes in India in respect of such of their salaries and wages as are chargeable
under the laws and regulations for the time being in force, and the Contractor
shall perform such duties in regard to such deductions thereof as may be imposed
on him by such laws and regulations.
30.0 Right to use defective equipment
If after delivery, acceptance and installation and within the guarantee and
warranty period, the operation or use of the equipment proves to be
unsatisfactory, the ERCMPU shall have the right to continue to operate or use
such equipment until rectifications of defects, errors or omission by repair or by
partial or complete replacement is made without interfering with the ERCMPU's
operation.
ERCMPU
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SECTION III - SPECIAL CONDITIONS OF CONTRACT
Item No. Topic Page No.
1. Definitions (Clause 1) 28
2. Country of Origin (Clause 3) 28
3. Equivalency of standards and codes(clause 4) 28
4. Performance Security (clause 7) 28
5. Inspection and Tests (clause 8) 28 - 29
6. Delivery and Documents (Clause 10) 29
7. Insurance (Clause 11) 29-30
8. Incidental Services (Clause 13) 30
9. Warranty (Clause 14) 30
10. Payment (Clause 15) 30
11. Resolution of Disputes (Clause 25) 30
ERCMPU
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SECTION III
SPECIAL CONDITIONS OF CONTRACT
The following Special Conditions of Contract shall supplement the General
Conditions of Contract. Whenever there is a conflict, the provisions herein shall
prevail over those in the General Conditions of Contract. The corresponding
Clause number of the General Conditions is indicated in parentheses.
1.0 Definitions (Clause 1)
a. The ERCMPU is Ernakulam Regional Co-operative Milk Producers‟ Union Ltd.
b. The Contractor is the successful bidder whose bid has been accepted by the
ERCMPU and on whom the work order has been placed.
2.0 Country of Origin (Clause 3)
Indian. The bidder (authorized representative or dealer) in India can quote for
the equipment manufactured in any foreign country.
3.0 Equivalency of Standards and Codes (Clause 4)
Wherever reference is made in the contract to the respective standards and codes
in accordance with which goods and materials re to be furnished, and work is to
be performed or tested, the provisions of the latest current edition or revision of
the relevant standards and codes in effect shall apply, unless otherwise expressly
set forth in the Contract.
4.0 Performance Security (Clause 7)
The Performance Security shall be in the amount of 10% of the Contract Price.
5.0 Inspection and Tests (Clause 8)
5.1 The inspection of the Goods shall be carried out to check whether the Goods are
in conformity with the technical specifications attached to the work order form
and shall be in line with the inspection/test procedures laid down in the Schedule
of Specifications and the Contract conditions.
5.2 Contractor must have suitable facilities at their works for carrying out various
performance tests on the equipment. The bidder should clearly confirm that all
the facilities exist for inspection and shall be made available to the inspecting
Authority.
5.3 All load and functional tests as indicated in the specifications must be carried out
at the manufacturer's works. Reliability of the equipment shall be demonstrated
to the satisfaction of the appointed inspector or inspecting Agency.
5.4 Approved contractor's drawings shall not be departed from except as provided in
the Bidding document.
5.5 The ERCMPU shall have the right at all reasonable times to inspect, at the
Contractor's premises all Contractor's drawings of any part of the work.
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5.6 Before the goods and equipment are taken over by the ERCMPU, the Contractor
shall supply operation and maintenance manuals together with drawings in
quadruplicate of the goods and equipment as built. These shall be in such details
as will enable the ERCMPU to operate, maintain, adjust and repair all parts of
the works as state in the specifications.
The manuals and drawings shall be in the ruling language (English) and in such
form and numbers as stated in the contract. Unless and otherwise agreed, the
goods and equipment shall not be considered to be completed for the purposes
of taking over until such manuals and drawings have been supplied to the
ERCMPU.
5.7 In case of Foreign Contractor, inspection can be carried out by an inspection
agency acceptable to the ERCMPU, which should be clearly mentioned in the
bid. The charges for such inspection and tests shall be borne by the ERCMPU and
the Foreign Contractor should indicate the charges. However, the ERCMPU
reserves the right to appoint at its cost, any inspection Agency (other than the
one suggested by the Contractor) that should be binding on the Contractor.
In case of Indian Contractors, the goods will be accepted after inspection by the
ERCMPU, his representative or any inspection agency appointed by ERCMPU
and the costs for such Inspector/Agency shall be borne by the ERCMPU.
6.0 Delivery and Documents (Clause 10)
Original and four copies of
i. The Contractor's invoice showing work Order No., Goods description,
quantity, unit price, total amount;
ii. Delivery note/packing list/lorry receipt;
iii. Manufacturer's/Contractor's guarantee certificate in case applicable;
iv. Inspection Certificate issued by the nominated inspection agency, and the
Contractor's factory inspection report;
v. Certificate of origin;
vi. Insurance policy;
vii. Excise gate pass/octroi receipts, wherever applicable, duly sealed indicating
payments made; and
viii. Any other document evidencing payment of statutory levies
Note: The nomenclature used for the item description in the invoice/s, packing list/s and
delivery note/s etc. should be identical to that used in the work order. The
despatch particulars including name of transporter, LR No. and date should also
be mentioned in the invoices.
7.0 Insurance (clause 11)
The insurance shall be in an amount equal to 110% of the FOR Destination value
of the goods from "warehouse to warehouse" on All Risks" basis including war
Risks and Strike clauses valid for a period not less than 3 months after the date of
arrival of Goods at final destinations. After arrival of the goods and prior to the
commencement of the mechanical erection the bidder shall arrange a
comprehensive storage cum erection insurance naming ERCMPU as the
ERCMPU
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beneficiary. The storage cum erection insurance policy shall cover the entire value
of the goods including erection work as per the order value of ERCMPU.
8.0 Incidental services (Clause 13)
The incidental services shall be provided as per the requirements outlined in the
Schedule of Specifications and as covered under Clause 13. The cost shall be
included in the contract price, if provided for in the scope for the Contract.
9.0 Warranty/Guarantee (Clause 14)
The warranty/Guarantee shall be as per provision under Clause 14 of General
Conditions.
10.0 Payment (Clause 15)
10.1 Supply components
i. 30% advance on acceptance of the order, signing the agreement and against
a bank guarantee for the advance payment from a Nationalised bank for
30% value of the contract/order as per the terms of the contract/order.
ii. 60% payment against safe receipt of the goods at site
iii Balance 10% will be retained as performance security. This can be
released against submission of a performance BG from a Nationalised bank
for 10% value of the contract/order as per the terms of the contract/order
kept valid till the guarantee period.
10.2 Erection components
100% of the Erection and commissioning charges will be paid within 15 days
after the successful commissioning of the equipment.
10.3 For all the payments to be made against Bank guarantees the bank guarantee
shall be issued by a Nationalized Indian bank
10.4 Contracts valued at Rs 50, 000/- (combining Schedule I & II) and below are not
eligible for advance payment.
10.5 Bank Guarantee when obtained for 30% advance, payment shall be released not
later than 30 days after date of delivery of the Goods at their final destination of
all the goods.
10.6 All interim payment shall be treated as advance payment. On completion of the
entire work, the Contractor shall submit his final bill. After verifying the final bill,
ERCMPU will issue to the contractor a statement (hereinafter called as the final
account statement). The contractor shall return the final account statement duly
signed as an acknowledgement of full and final value of work performed under
the contract and full and final settlement of the payment. On receipt of this
statement back from the contractor, the final payment shall be released.
11.0 Resolution of Disputes (Clause 25)
In case of any dispute, the Registrar of Co-operative Societies of Kerala State shall
be the sole arbitrator as per the provisions of Kerala Co-operative Societies Act
1969. Contractor shall take a nominal member ship by remitting Rs 90/- in our
office.
ERCMPU
Page 31 of 43 SIGNATURE & SEAL OF TENDERER
SECTION IV
TECHNICAL SPECIFICATION
SPECIAL CONDITIONS OF CONTRACT (PART III)
DIESEL GENERATING (DG) SET
CAPACITY - 500 KVA
1. Functional requirements:
1.1 General description:
The diesel generating set would be used to generate three phase AC electricity at 415
volts and 50 Hz. The generating set would be used in the plant to operate certain
essential motors in case there is electric shut down failure from the main source.
1.2 Capacity: 500 KVA
2. Design requirements:
2.1 The diesel generating set should comprise diesel engine, alternator, control panel
and accessories complete in all respects with CPCB approved acoustic enclosure.
2.2 The diesel engine should be WATER cooled, vertical type, capable of developing
required BHP when running at 1500 rpm under NTP conditions. The engine should
be built to BSS specification 649 (1958) and rated for continuous running or 24 hours
with an overload capacity of 10% for a period not exceeding 1 hour in any 12 hours
running.
2.2.1 The diesel engine should be complete with the following:
- Flywheel
- Engine air cooling system with cooling fan/radiator system
- Fuel and lubricating oil filters
- Dry paper type air cleaner as per the standard design of the engine
manufacturer.
- Standard fuel tank
- Flexible coupling
- Exhaust silencer
- Holding down bolts for combination base plate
- 12 V self starting arrangement with suitable rated battery and cables
- Standard set of tools and spare
- Lubricating oil cooler
- Lubricating oil pressure gauge
- Safety device for engine safety
2.3 The engine should be flexible coupled to one suitable self excited, self regulated
alternator developing required KVA at 0.8 power factor, 3 phase, 50 cycle/sec., 415
volts AC power supply under MTP conditions when running at 1500 RPM. The
alternator should be screen protected and fitted with end shield and ball roller
bearings.
ERCMPU
Page 32 of 43 SIGNATURE & SEAL OF TENDERER
2.4 The diesel generating set should be supplied with suitable floor/wall mounting
type control panel duly prewired with the following instruments:
- One power factor meter
- One suitable scaled KW hr. meter with accessories
- One suitable scaled AC ammeter with selector switch
- One suitable scaled AC voltmeter with selector switch
- One no. frequency meter
- 800 Amp 4 pole manual draw-out version ACB with suitable KWh meter and
earth fault relays to disconnect power supply in case load of generating set
increases beyond permitted limits and short circuit
- One set of TPN Busbar
- One set indicating lamps and control fuses
2.5 The diesel engine and alternator should be mounted on specially designed
combination base plate and MS structure of extremely rigid fabrication. The base
plate should be suitable for mounting the set on foundation.
2.6 The set should be provided with required length of PVC armoured cable of
suitable size to connect the alternator with control panel.
2.7 The foundation details with relevant drawings should also be submitted.
2.8 The supplier should depute his service personnel on free of charge basis for
commissioning the set immediately on hearing the information that the set is installed.
2.9 Bidders are requested to quote separate price for set of spares required for 3 years
normal operation specifying the quantity and name of spare part.
2.10 The bidders should quote only for assembled sets. The assembled sets, if
required, shall be inspected at the works of supplier. In case of over dimensions
assemblies same may be permitted for transportation in knock down conditions
otherwise the set should be dispatched in assembled conditions only.
2.11 List of approved makes to be used for the work of DG set installation is as
noted below
Sr.
No. Description Makes
1 Engine Cummins, Kirlosker, Catterpillar
2 Alternator
Stamford, Kirlosker, Crompton,
LEROYHOMER, KEL
3 MCCB L&T, Siemens, GE, Schnider
4 MCB L&T, Siemens, GE, Schnider
5 UG Cable Polycab, KEI, Rallison
6 Meters Socornec, Cadel, Conserve
7 Cable Gland Cornet or eq.
8 Cable Socket Dowells or eq.
ERCMPU
Page 33 of 43 SIGNATURE & SEAL OF TENDERER
“ALL ELECTRICAL ITEMS SHOULD BE OF BSI MARK AND LASTEST MODELS
OF THESE MANUFACTURES"
2.12 The performance characteristics of the alternator shall be as below.
1. Efficiency at full load 0.8 PF Not less than 90%
2. Total distortion factor Less than 3%
3. 10% over load 1 hour in every 12 Hours of continuous use
4. 50% over load
15 seconds
2.13 The bidder should furnish the following Technical Details of the Equipment
Genset
Power Rating kVA /kW
Voltage, Volts
Frequency, Hz
Power Factor
Canopy
Length, mm
Width, mm
Height, mm
Dry weight Genset [approx]. kg
Fuel Tank Capacity in Liters
Engine Specifications
Engine Model
Rated Output HP [kW]
Cooling System
Starting System
Battery Capacity in AH
No. of Cylinder
Bore x Stroke mm
Displacement Liters
ERCMPU
Page 34 of 43 SIGNATURE & SEAL OF TENDERER
Compression Ratio
Fuel
Fuel Consumption. litres/hour @
75% load
Lube Oil Sump Capacity in Liters
Total Coolant Capacity In Liters
Alternator efficiency at 75% load
Type
Voltage
Rpm/Frequency, Hz
INSTALLATION AND COMMISSIONING
The total job is a turnkey job which includes supply, installation, testing &
commissioning of DG set. Minor civil works, providing & grouting supports are
included in the contractor‟s scope. All associated electrical works including earthing
(required earth pits also) for the commissioning of the DG set is in the contractors
scope. Collecting the sanction and approval from Kerala State Electrical Inspectorate &
KSEB is also included in the contractor‟s scope. However major civil works such as
foundation for DG set will be constructed by ERCMPU Ltd. Supply of anti vibration
pads are also in contractor‟s scope. Supply and laying of the cable and its termination
from DG set to changeover switch in LT Panel is in contractor‟s scope. All the works,
cabling, connection of DG supply in LT Panel is in contractor‟s scope.
Unloading of the DG Set is contractor‟s scope.
Providing the exhaust flue gas piping (heavy duty) including its insulation and
cladding for DG set is in contractor‟s scope. The approximate length required for
exhaust pipe is 12 mtrs. It should be done as per the standard fixed by Kerala State
Pollution Control Board.
Bidder may include 12V/ 24V battery starting system also in the rate.
ERCMPU
Page 35 of 43 SIGNATURE & SEAL OF TENDERER
SECTION V
QUALIFICATION APPLICATION
(Scanned copy should be submitted along with e tender original should be submitted if
demanded)
All the bidders submitting their bids against this bid for any or all the items must submit
the qualification application along with the information in the following format together
with the relevant documentation:
FINANCIAL BUSINESS AND TECHNICAL CAPABILITY
(FORMAT-A)
Name & address of the Bidder:
Phones: Mail: Fax:
1. Latest Balance sheet filed with ................................. on ................... (attach audited
copies of Annual accounts of past 3 years. Indigenous bidders to attach copy of accounts
audited under section 44 AB of Income tax Act. In case the accounts are not required to
be audited, a Chartered Accountant or manager of a nationalized bank should attest the
information in this statement).
2.Latest Profit and Loss statement from........................to........................filed with
................................. ....................... on ................................. (Attach an audited
copy)
3. Details of major work executed during the last five years.
Sl.
No
Name &
Address of the
Client with
email ID
Description of
item/work
Order Value
(Rs)
Completion
Period
Completion
Date
ERCMPU
Page 36 of 43 SIGNATURE & SEAL OF TENDERER
SECTION VI
(Please see clause 13.3 of Instructions to Bidders')
MANUFACTURERS' AUTHORIZATION FORM
(Scanned copy should be submitted along with e tender & original should be submitted
if demanded)
No.....................................dt.....................
To
Ernakulam Regional Co-Operative
Milk Producers‟ Union Ltd.
P.B.No.2212,
Edappally,
Kochi - 682 024.
Dear Sir,
Sub: No. EU/PC/743/NPDD/EKM/2015
We ............................. an established and reputable manufacturers of ........................
having factories at.…………......................and …………………..................do hereby
authorize M/s.................................... (Name and address of Agents) to bid, negotiate
and conclude the contract with you for the above goods manufactured by us.
No company or firm or individual other than M/s......................... are authorized to bid,
negotiate and conclude the contract in regard to this business against this specific IFB.
We hereby extend our full guarantee and, warranty as per clause 15 of the General
Conditions of Contract for the goods offered for supply against this invitation for bid by
the above firm.
Yours faithfully,
(NAME)
For and on behalf of
M/s. (Name of Manufacturers)
Note: This letter of authority should be on the Letter Head of the manufacturing
concern and should be signed by a person competent and having the power of
attorney to bind the manufacturer.
ERCMPU
Page 37 of 43 SIGNATURE & SEAL OF TENDERER
SECTION VII
CONTRACT FORM
(On Non-Judicial Stamp Paper of ` 100/-)
THIS AGREEMENT made the ………………………day of ………………………
20…….between the Ernakulam Regional Co-operative Milk Producers‟ Union Ltd.,
Edappally - 682 024 (hereinafter referred to as "the ERCMPU") of the one part and of
……………………………..(hereinafter referred to as "the Contractor") of the other part:
WHEREAS the ERCMPU is desirous that certain goods and ancillary Services should be
provided by the Contractor, viz………………………….and has accepted a bid
submitted by the Contractor in response to the ERCMPU's Bidding Document Reference
No………………………………………………………………………………………………
…for the supply of those goods and services in the sum of `……………………..
(Rupees…………………………………………………………………………………… only)
hereinafter referred to as "the Contract Price")
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
1. In this agreement words and expressions shall have the same meaning as in the
Terms and Conditions and in Section II to Section IV in the above-referred Bidding
Document.
2. The following documents shall be deemed to form and be read and construed as
part of this Agreement, viz:
(a) the offer and the price schedule submitted by the Contractor:
(b) the schedule of requirement/list of items and the technical specifications in
Bidding Document.
(c) the terms and conditions in Bidding Document :
(d) The ERCMPU's Order No…………………………………............................
dated….……………..
3. In consideration of the payments to be made by the ERCMPU to the Contractor as
hereinafter mentioned, the Contractor hereby covenants with the ERCMPU to
provide the Goods and Services and to remedy defects therein in conformity in all
respects with the provisions of the ERCMPU's Order and Bidding Document.
4. The ERCMPU hereby covenants to pay the Contractor in consideration of the
provision of the Goods and Services and the remedying of defects therein, the
contract price or such other sum as may become payable under the provisions of
ERCMPU
Page 38 of 43 SIGNATURE & SEAL OF TENDERER
the Order at the times and in the manner prescribed in the order and Bidding
Document.
IN WITNESS whereof the parties hereto have caused this agreement to be executed in
accordance with their respective laws the day and year first above written.
Signed, sealed and delivered Signed, sealed and delivered
for and on behalf of the within for and on behalf of the within
named contractor of the other part named ERCMPU by the hands
of its authorized signatory.
CONTRACTOR MANAGING DIRECTOR
ERCMPU Ltd.
In the presence of witness In the presence of witness
1. Signature 1. Signature
Name and address Name and address
2. Signature 2. Signature
Name and address Name and address
ERCMPU
Page 39 of 43 SIGNATURE & SEAL OF TENDERER
SECTION VIII
(Form of Performance Guarantee)
(ON NON-JUDICIAL STAMP PAPER OF ` 100/-)
Bank Guarantee No. Date:
This deed of performance guarantee made this…………………………day of 20……..
(Two thousand and …………….) by (Name and address of the Bank) (hereinafter
referred to as the Bank) which expression shall unless repugnant to the context or
meaning thereof includes its legal representatives, successors and assigns and the
Ernakulam Regional Co-operative Milk Producers‟ Union Ltd (hereinafter referred to as
the ERCMPU) which expression shall unless repugnant to the context or meaning
thereof include its legal representative, successors and assignees.
Whereas ERCMPU has awarded an order bearing No............... (name and address of
the party) (hereinafter referred to as the „Contractor‟) for the supply and installation
of................... And whereas, the Contractor has agreed to submit a performance
guarantee in the form of a Bank Guarantee to the ERCMPU in terms and conditions of
the order which will be kept valid up to 12 calendar months from the date of Bank
Guarantee (the period should be till end of guarantee period). And whereas, the Bank
and its duly constituted agent and officer has already read and understood the contract
made between the ERCMPU and the Contractor.
In consideration of the ERCMPU having agreed to award the contract on the
Contractor, we …………………………………..(name of the Bank), do hereby
guarantee, undertake, promise and agree to with the ERCMPU, its legal representatives,
successors and assignees that the within named..............................(name of the
Contractor) their legal representatives and assignees will faithfully perform and fulfill
everything within the Contract on their part to be performed or fulfilled, at the time
(time being the essence of the contract)and in the manner therein provided, do all
obligations there under and we further undertake and guarantee to make payment to
the ERCMPU of `………................(Rupees…………………………………………………
……………………………….only) being the 10% of the contract value, in case the
Contractor, their legal representatives and assignees do not faithfully perform and fulfill
everything within the Order and the Contract on their part to be performed or fulfilled,
at the time and in the manner therein provided and do not willfully and promptly do
all obligations there under.
In case, the Contractor fails to perform or fulfill the Order as per the terms and
conditions agreed upon, the ERCMPU is entitled to demand an amount equal to 10% of
the order value from the Contractor and the demand made by the ERCMPU by itself
will be conclusive evidence and proof that the Contractor has failed to perform or fulfill
his obligations and neither the Contractor nor the Bank will be entitled to raise any
dispute regarding the reasons for the failure of performance or fulfillment, on any
ground.
ERCMPU
Page 40 of 43 SIGNATURE & SEAL OF TENDERER
We, (name of the Bank), do hereby undertake to pay an amount equal to 10% of the
order value, being the amount due and payable under this guarantee without any
demur, merely on a demand from the ERCMPU stating that the amount claimed is due
by way of non-performance of the contractual obligations as aforesaid by the
Contractor or by reason of the Contractor's failure to perform the said Order, any such
demand made on the Bank shall be conclusive as regards the amount due and payable
by the Bank under this guarantee. However, our liability under this guarantee shall be
restricted to an amount not exceeding `...................(Rupees……………………………
…….………… …………………………………………...........only) being the amount
equal to 10% of the total order value.
We, (name of the Bank), further, agree that the performance guarantee herein contained
shall remain in full force and effect for a period of 12 calendar months from the date of
Bank guarantee (the period should be till end of guarantee period) and till the ERCMPU
certifies that the terms and conditions of the said order have been fully and properly
carried out by the said Contractor and accordingly discharge the guarantee, unless a
demand or claim under this guarantee is made on us in writing by the ERCMPU on or
before …………………………………….., we shall be discharged from all liabilities
under this performance guarantee thereafter.
We, (name of the Bank), further agree with the ERCMPU that the ERCMPU shall have
the fullest liberty without our consent and without affecting in any manner our
obligations hereunder to vary any of the terms and conditions of the said order or to
extend the time of performance by the said Contractor from time to time or postpone
for any time or from time to time and any of the power exercisable by the ERCMPU
against the Contractor and to forebear or enforce any of the terms and conditions
relating to the said Order and we shall not be relieved from our liability by reason of
any such variation, or extension being granted to the said Contractor, or for any
forbearance, act or omission on the part of the ERCMPU to the said Contractor by any
such matter or thing whatsoever which under the law relating to sureties would but for
this provision have effect of so relieving us.
This guarantee shall be in addition to and without prejudice to any other securities or
remedies which the ERCMPU may have or hereafter possess in respect of the goods
supplied or intended to be supplied and the ERCMPU shall be under no obligation to
marshal in favour of the Bank any such securities or funds or asset that the ERCMPU
may be entitled to receiving or have a claim upon and the ERCMPU at its absolute
discretion may vary, exchange, renew, modify or refuse to complete to enforce or assign
any security or instrument.
The Bank agrees that the amount hereby guaranteed shall be due and payable to the
ERCMPU on serving us with a notice, requiring the payment of the amount and such
notice shall be deemed to have been served on the Bank either by actual delivery
thereof to the Bank or by despatch thereof to the Bank by Registered Post at the address
of the Bank.
ERCMPU
Page 41 of 43 SIGNATURE & SEAL OF TENDERER
Any notice sent to the Bank at its address by registered post shall be deemed to have
been duly served on the Bank notwithstanding that the notice may not in fact has been
delivered to the Bank.
In order to give full effect to the provisions of this guarantee the Bank hereby waives all
rights inconsistent with the above provisions and which the Bank might otherwise as a
guarantor be entitled to claim and enforce.
We,………………………………….. lastly undertake not to revoke this guarantee during
its currency except with the previous consent of the ERCMPU in writing and the
guarantee shall be a continuous and irrevocable guarantee upto a sum of `…………..
(Rupees ………………………………………………………only). The guarantee shall
remain in force until ……………………….20……..and unless the guarantee is renewed
or a claim is preferred against the Bank within three months from the said date all rights
of the ERCMPU under the guarantee shall cease and the bank shall be released and
discharged from all liabilities hereunder.
(SIGNATURE) SEAL
Date:
CODE NO.
NOTE: 1 CONTRACTORS SHOULD ENSURE THAT SEAL AND CODE NO.OF THE
SIGNATORY IS PUT BY THE BANKERS, BEFORE SUBMISSION OF THE BANK
GUARANTEES.
ERCMPU
Page 42 of 43 SIGNATURE & SEAL OF TENDERER
(Form of Bank Guarantee against Advance Payment)
(ON NON-JUDICIAL STAMP PAPER OF ` 100/-)
Bank Guarantee No. Date:
1. In consideration of the Ernakulam Regional Co-operative Milk Producers‟ Union
Ltd (hereinafter called 'the ERCMPU') having agreed to grant an advance of `…............
(Rupees ..................................................only) to M/s. ...........................................
(hereinafter called the „said contractor‟) under the terms and conditions of order No.
............................................dt....... made between the ERCMPU and M/s. ......................
for ............. ..............dairy project (hereinafter called the „said order‟) on production of
a Bank Guarantee for ` ............... (Rupees ………………………..............................
only). We ....................................................................(hereinafter called 'the Bank') do
hereby undertake to pay the ERCMPU an amount not exceeding `…................(Rupees
.......................................only) against any loss/damage caused to or suffered would be
caused or suffered by the ERCMPU by reason of any breach by the said contractor) of
any of the terms and conditions contained in the said order.
2. We, .........................................., do hereby undertake to pay the amounts due
and payable under this guarantee without any demur merely on a demand from the
ERCMPU stating that the amount claimed is due by way of loss or damage caused to or
would be caused to or suffered by the ERCMPU by reasons of any breach by the said
contractor of any of the terms and conditions contained in the order or by reasons of
the contractor's failure to perform the said order, any such demand made on the Bank
shall be conclusive as regards the amount due and payable by the Bank under this
guarantee shall be restricted to an amount not exceeding `..................(Rupees
...............................................only).
3. We, ........................................, further agree that the guarantee herein contained
shall, remain in full force and effect during the period that would be taken for the
performance of the said order and that it shall continue to be enforceable till all the dues
of the ERCMPU, under, or by virtue of the said order have been fully paid and it's claims
satisfied or discharged or till the ERCMPU certifies that the terms and conditions of the
said order have been fully and properly carried by the said contractor and accordingly
discharge the guarantee unless a demand or claim under this guarantee made on us in
writing on or before ………………………………., we shall be discharged from all
liability under this guarantee thereafter.
4. We, ......................................., further agree with the ERCMPU that the ERCMPU
shall have the fullest liberty without our consent and without affecting in any manner
our obligation hereunder to vary any of the terms and conditions of the said Order to
extend time of performance by the said Contractor from time to time or to postpone
for any time or from time to time any of the power exercisable by the ERCMPU against
the said Contractor and to forbear or enforce any of the terms and conditions relating to
ERCMPU
Page 43 of 43 SIGNATURE & SEAL OF TENDERER
the said Order and we shall not be relieved from our liability by reason of any such
variation, or extension or for any forbearance, act of omission on the part of the
ERCMPU or any indulgence by the ERCMPU to the said Contractor or by any such
matter or thing whatsoever which under the law relating to sureties would but for this
provision have effect of so relieving us.
5. We, ......................................,lastly undertake not to revoke this guarantee during
its currency except with the previous consent of the ERCMPU in writing.
6. Notwithstanding anything stated herein above the liability of the Bank Guarantee
is restricted to `........................ (Rupees ......................................................……….only).
The guarantee shall remain in force till the ………………………20………. and unless the
guarantee is renewed or a claim is preferred against the bank within three months from
the said date i.e. on or before …………………………..all rights of the ERCMPU under
the guarantee shall cease and the bank shall be released and discharged from all liabilities
hereunder.
Place:
Date : (SIGNATURE)
2.12.1.1.1.1.1
2.12.1.1.1.1.2
S
E
A
L
2.12.1.1.1.1.3
C
O
D
E
N
O
.
NOTE: CONTRACTORS SHOULD ENSURE THAT SEAL AND CODE NO. OF THE
SIGNATORY IS PUT BY THE BANKERS BEFORE SUBMISSION OF THE BANK
GUARANTEES.