SUPPLY, INSTALLATION, TESTING AND COMMISSIONING OF …...“Supply, Installation, Testing &...

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N H D C LTD.

(A Joint Venture of NHPC & Government of Madhya Pra desh)

R & R OFFICE KHANDWA (M.P.)

Bid Document for

NIT No. NHDC/4/C-4/CLX-20/16/0850 dated : 27.12.201 6

MANAGER (Contracts) NHDC Ltd. R&R Office, NVDA Office Complex,

KHANDWA (M.P) 450001

SUPPLY, INSTALLATION, TESTING AND

COMMISSIONING OF 40 KW GRID CONNECTED

SOLAR POWER PLANT AT NAGCHUN PARK,

KHANDWA (M.P.)

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INDEX

SL. No. Description

Page No. Total Pages From To

1 Front Cover 1 1 1

2 Index of Tender Document 2 2 1

3 NIT (Hindi and English) 3 4 2

4 Section - 1 Instructions to Bidders 5 15 11

5 Section - 2 Information for Bidders 16 16 1

6 Section - 3 General Conditions of Contract 17 36 20

7 Section - 4 Special Terms and Conditions 37 40 3

8 Section - 5 Scope of work & Technical Specifications

41 46 9

9 Section - 6 Tender Forms, Schedules & Annexures

47 70 27

10 Checklist 71 71 1

Total Pages of Tender Document 71

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NIT No. NHDC/4/C-4/CLX-20/16/0850 dat ed : 27.12.2016

NOTICE INVITING E-TENDER

Online bids under Two-Cover system are invited on behalf of NHDC Ltd. for following works.

“Supply, Installation, Testing & Commissioning of 4 0 KW Grid Connected Solar Power Plant at Nagchun Pa rk, Khandwa (MP)”

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/eprocur e/app upto last date and time of submission of tender. Sale of physical tender document is not applicable.

1.0 Brief Details of Tender: S.No. Item Description (i) Estimated cost of the Work Approx. Rs. 32.30 Lacs (ii) EMD (Bid security) Rs.Rs.Rs.Rs. 65,000/- (Rupees sixty five thousand only) by Demand Draft (DD) / Bankers

Cheque (BC)/ Bank Guarantee (BG) in favour of NHDC Ltd. payable at Khandwa. (iii) Completion period 02 (Two) Months (iv) Tender document fees (Non-Refundable) Rs. Rs. Rs. Rs. 500/- (Rupees five hundred only) by DD/BC in favour of NHDC Ltd. payable at

Khandwa. (v) Tender Inviting Authority Manager (Contracts), NHDC Ltd., R&R Office, Civil Lines, Khandwa (M.P.)

Phone No. 0733-2224459, Fax No. 0733-2222242 email : [email protected]

Note: Tender Fee and EMD (in original) preferably payable at Khandwa, or copy of valid MSE registration Cert ificate (duly attested by Gazetted Officer/Notary) as stated in I TB Clause No. 4 & 5 should be submitted to the Tend er Inviting Authority on or before the bid submission period failing whic h the tender shall liable to be rejected. To ensure proper delivery, bidder should submit the documents either in person or through registered/speed post.

2.0 Critical Dates of Tender: S.No. Particulars Date & Time (i) Publish Date & Time 28-12-2016 : 10.00 AM (ii) Sale/ Document Download Start Date & Time 28-12-2016 : 10.00 AM (iii) Sale/ Document Download End Date & Time 27-01-2017 : 03.00 PM (iv) Clarification Start Date & Time 28-12-2016 : 10.00 AM (v) Clarification End Date & Time 20-01-2017 : 05.00 PM (vi) Bid Submission Start Date & Time 28-12-2016 : 10.00 AM (vii) Bid Submission End Date & Time 27-01-2017 : 03.00 PM (viii) Bid Opening Date & Time 28-01-2017 : 03:30 PM

3.0 Qualifying Requirement:

(a) Financial Soundness: The Firm should have average annual financial turnover during the last three financial year ending on 31st March’2016, at least 30% (i.e. Rs. 9.70 lakh) of the estimated cost put to tender.

The bidder shall submit copy of Audited Balance sheet and Profit & loss account for the last three financial years or Certificate from Chartered Accountant in respect of Annual Turnover for last three years ending 31st March’2016.

(b) Experience: Bidder should have experience of Supplying, Installing, Testing & Commissioning of S olar Power Plant of capacity 20 KW or more to any Govt. Deptt. / Undertaking/ PSU or reputed private companies in previous seven years ending last day of month previous to the one in which tenders are invited.

Bidder shall submit copy of supply order(s) / LOA of required capacity along with completion certificate towards successful completion of work in support of experience.

(c) The bidder should have valid Registration No. of TIN/Sales Tax/VAT and Service tax registration no.

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

4.0 The details/ information regarding online tend ering i.e. Registration on CPP Portal, Preparation of bid and Submission of bid, the detailed terms & conditions and specificat ion of the material are available in the tender doc ument. 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 NHDC Ltd.,

Sd- Manager (Contracts)

NHDC Ltd. R&R, Khandwa No. NHDC/4/C-4/CLX-20/16/0850/333 dated : 27.12.16 Copy to:-

1. General Manager (R&R), NHDC Ltd., Khandwa. 2. General Manager (ISPS), NHDC Ltd., Narmada Nagar. 3. General Manager (OSPS), NHDC Ltd., Siddhwarkoot. 4. Chief Engineer (CPTS), NHDC Ltd., Corporate office, Bhopal. 5. Chief Engineer (C), NHDC, R&R, Khandwa. 6. Manager (F), NHDC, R&R, Khandwa. 7. Manager (C)-I, NHDC, R&R, Khandwa. 8. Manager (C)-II, NHDC, R&R, Khandwa. 9. Project Vigilance Officer, Indira Sagar Project, NHDC Ltd., Narmada Nagar for information. 10. Collectorate, Khandwa. 11. Executive Engineer, N.D. Division No. 13, Khandwa. 12. Executive Engineer, PWD Division, Khandwa. 13. Commissioner, Municipal Corporation, Khandwa. 14. Notice Board, NHDC Office complex, Khandwa.

With request for wide circulation & display on notice board

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NIT No. NHDC/4/C-4/CLX-20/16/0850 dat ed : 27.12.2016

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0733&2224459] QsDl uacj 0733&2222242 bZesy : [email protected]

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,u,u,u,u----,p,p,p,p----MhMhMhMh----lhlhlhlh----fyfyfyfy----] ds fy,] ds fy,] ds fy,] ds fy,

gLrk&gLrk&gLrk&gLrk& izca/kdizca/kdizca/kdizca/kd ¼lafonk½¼lafonk½¼lafonk½¼lafonk½

,u,pMhlh fy] vkj,.Mvkj] [k.Mok,u,pMhlh fy] vkj,.Mvkj] [k.Mok,u,pMhlh fy] vkj,.Mvkj] [k.Mok,u,pMhlh fy] vkj,.Mvkj] [k.Mok No. NHDC/4/C-4/CLX-20/16/0850/333 dated : 27.12.16 izfrfyfi %izfrfyfi %izfrfyfi %izfrfyfi % 1- egkizca/kd ¼vkj,aMvkj½] ,u,pMhlh fyfeVsM] [kaMokA 2- egkizca/kd ¼bafnjk lkxj ikoj LVs'ku½] ,u,pMhlh fyfeVsM] ueZnkuxj A 3- egkizca/kd] ¼vksadkjs'oj ikoj LVs'ku½] ,u,pMhlh fyfeVsM] fl)ojdwV 4- eq[; vfHk;ark ¼lhihVh,l½] ,u,pMhlh fyfeVsM] fuxe eq[;ky;] Hkksiky A 5- eq[; vfHk;ark ¼fl½] ,u,pMhlh] vkj,aMvkj] [k.MokA 6- izcaa/kd ¼foRr½] ,u,pMhlh] vkj,aMvkj] [k.Mok A 7- izca/kd ¼fl½&A] ,u,pMhlh] vkj,aMvkj] [k.Mok A 8- izca/kd ¼fl½&AA] ,u,pMhlh] vkj,aMvkj] [k.Mok A 9- ifj;kstuk lrdZrk vf/kdkjh] bafnjk lkxj ifj;kstuk] ,u,pMhlh fyfeVsM] ueZnkuxj dh vksj lwpukFkZ A 10- dysDVj dk;kZy;] iwoZ fuekM+] [k.Mok A 11- dk;Zikyu ;a=h] ,u-Mh- fMfotu Ø- 13] [kaMok A 12- dk;Zikyu ;a=h] yksd fuekZ.k foHkkx] [kaMok A 13- vk;qDr] uxj ikfyd fuxe] [kaMok A 14- lwpuk iVy] ,u,pMhlh dk;kZy; ladqy] [kaMok A

o`gn~ ifjpkyu ,oa lwpuk iVy ij yxkus gsrq vuqjks/k

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SECTION- 1 INSTRUCTIONS TO BIDDERS

1.0 Online bids under two cover system is hereby invited on behalf of NHDC Ltd., (A Joint Venture of NHPC Ltd. & GoMP) (hereinafter referred to as Corporation/ Employer) from reputed firms for “Supply, Installation, Testing and Commissioning of 40 KW Grid connected Solar Power Plant at Nagchun Park, Khandwa” as per the qu antity in the Schedule of Quantity (ies) and Prices, Schedule– ‘A’ . Tender forms can also be downloaded from the Corporation website www.nhdcindia.com & www.eprocure.gov.in/eprocure/app.

1.1 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.

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 user ID / 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.

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(iv) Bidder 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) Bidder 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. The originals of Tender Fee a nd EMD or copy of NSIC/ MSMEDA 2006 registration certificate attested by Gazetted Officer/ Notary should be submitted to the Tender Inviting Authority, on or before the las t date & time of bid submission. Bidder should send the EMD & Tender fee through Indian pos tal Service/ Courier services. NHDC shall not be responsible for any delay or loss , due to postal/Courier Services. The details of the DD/BC, physically sent, should tally with the details available in the scanned copy and the data entered during bid submis sion time, otherwise the uploaded bid shall liable to 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.

(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 o f quantities & Prices and any change/ modification of the price schedule shall re nder 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 Colour/white backgroun d cells, thereafter save and upload the file in financial bid cover (Price bid) only. I f the Schedule of Quantities & Prices file is found to be modified by the bidder, the bid will be rejected.

The bidders are cautioned that uploading of financi al 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.

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(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. SCOPE OF WORK:

“Supply, Installation, Testing and Commissioning of 40 KW Grid connected Solar Power Plant at Nagchun Park, Khandwa” as per the quantity in the Schedule of Quantity (ies) and Prices, Schedule– ‘A’. Detailed Scope of work as per Section-5 (Scope of work and Technical Specifications)

3. QUALIFYING CRITERIA :

3.1 The bidder must fulfil the following minimum Qu alifying Criteria

(a) Financial Soundness: The Firm should have average annual financial turnover during the last three financial year ending on 31st March’2016, at least 30% (i.e. Rs. 9.70 lakh) of the estimated cost put to tender.

The bidder shall submit copy of Audited Balance sheet and Profit & loss account for the last three financial years or Certificate from Chartered Accountant in respect of Annual Turnover for last three years ending 31st March’2016.

(b) Experience: Bidder should have experience of Supplying, Installing, Testing & Commissioning of Solar Power Plant of capacity 20 K W or more to any Govt. Deptt. / Undertaking/ PSU or reputed private companies in previous seven years ending last day of month previous to the one in which tenders are invited.

Bidder shall submit copy of supply order(s) / LOA of required capacity along with completion certificate towards successful completion of work in support of experience .

(c) The bidder should have valid Registration No. of TIN/Sales Tax/VAT and Service tax registration no.

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

3.2 The bidder shall furnish Scanned Copy of docume nts for proof as below for fulfilling qualifying criteria as mentioned above failing whic h his offer shall be summarily rejected:

(i) Self attested copy of Valid PAN and TIN/Sales Tax Registration Certificate.

(ii) Self attested copy of Profit & Loss Account/ Balance Sheet/Certificate audited by CA for last three years ending 31st March 2016.

(iii) Self attested copies of Supply orders and Completion certificate for successful supply, installation, testing and commissioning of similar nature material of required capacity or more within the requisite period, as mentioned above.

(iv) Self attested Copy of authorization certificate i.e. authorized Dealer/ Distributor/ Channel partner or documents in support of manufacturer.

(v) Micro and small enterprises (MSEs) Units registered with NSIC under their Single Point registration Scheme or District Industries Centers (DIC) or Khadi and Village Industries Commission (KVIC), or Khadi Village and Industries Board (KVIB or Coir Board or Directorate of Handicrafts and Handlooms or any other body specified by Ministry of MSME or MSE having Udyog Adhar Memorandum for the goods/services are exempted from furnishing the Bid Security deposit/EMD and Tender cost. They should furnish with the Bid a notarized copy of the valid registration certificate/Entrepreneurs memorandum (EM-II) details/other relevant documents issued by above board/body in their favors, for the goods/services covered under this tender document. No other bidders are exempted from furnishing Bid Security/EMD as mentioned above.

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4. BID SECURITY/EARNEST MONEY DEPOSIT: –

4.1 The Bidder shall have to deposit an EMD of Rs. 65,000.00 (Rs. Sixty-Five Thousand Only ) in form of Demand Draft/Bankers cheque in favour of NHDC Ltd. preferable payable at Khandwa (MP).

Micro and small enterprises (MSEs) Units registered with NSIC under their Single Point registration Scheme or District Industries Centers (DIC) or Khadi and Village Industries Commission (KVIC), or Khadi Village and Industries Board (KVIB or Coir Board or Directorate of Handicrafts and Handlooms or any other body specified by Ministry of MSME or MSE having UdyogAdhar Memorandum for the goods/services are exempted from furnishing the Bid Security deposit/EMD and Tender cost. They should furnish with the Bid a notarized copy of the valid registration certificate/Entrepreneurs memorandum(EM-II) details/other relevant documents issued by above board/body in their favors, for the goods/services covered under this tender document. No other bidders are exempted from furnishing Bid Security/EMD as mentioned above. It is the sole responsibility of the bidder to ascertain whether registration certificate issued to him under MSME is applicable for the works/ services covered under this tender document.

Bids received unaccompanied by either an acceptable Bid Security or a notarized copy of valid

certificate of registration stated as above 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.

4.2 Earnest money of bidders who are not qualified for opening of price bid shall be returned without 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 interest within 30 days of notification of the award of the Contract to the successful bidder.

4.3 The Bidder 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, the Corporation may at its discretion, forfeit the Bid Security furnished by the Bidder along with his offer. 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 purchasers about the bidders having withdrawn his offer within the validity period.

4.4 The EMD (bid security) will also be forfeited:

i. If a bidder fails to accept rectification of arithmetical errors noticed by the Corporation; or ii. If the Bidder withdraws his Bid during the period of bid validity specified by the Bidder in

the Bid Form; or iii. If the Bidder adopts corrupt and fraudulent practices; or iv. In the case of a successful Bidder, if the Bidder fails within the specified time limit to

furnish the required Performance Security Deposit; or v. If the successful bidder fails to deliver all the items mentioned in the ‘Schedule of Quantity

(ies) and Prices’ of Supply Order, within the specified time limit or within time limit acceptable to the Corporation.

In case, EMD of any bidder is forfeited, the Corporation may at its discretion debar the bidder for a specified period, from bidding in future against bid invited by the Corporation. The Corporation will also be within its rights to circulate the information at its discretion to other prospective organizations about the bidders having withdrawn his offer within the validity period.

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5. TENDER FEE: -The bidder shall deposit Tender fee (Non refundable) of Rs. 500/- (Rs. Five Hundred Only) in form of Demand Draft/Banker’s cheque in favour of NHDC Ltd. preferable payable Khandwa(MP)

Micro and small enterprises (MSEs) Units registered with NSIC under their Single Point registration Scheme or District Industries Centers (DIC) or Khadi and Village Industries Commission (KVIC), or Khadi Village and Industries Board (KVIB or Coir Board or Directorate of Handicrafts and Handlooms or any other body specified by Ministry of MSME or MSEs having Udyog Adhar Memorandum for the goods/services are exempted from furnishing the Bid Security deposit/EMD and Tender cost.

They should furnish with the Bid a notarized copy of the valid registration certificate/ Entrepreneurs memorandum (EM-II) details / other relevant documents issued by above board/body in their favors, for the goods/services covered under this tender document. No other bidders are exempted from furnishing Bid Security / EMD as mentioned above.

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

6. The bidder should have not been banned/ de-listed/ blacklisted/ de-barred from business by any PSU/ Govt. department during last 03 (three) years. Self declaration in this regard is to be submitted as per Annexure- VII.

7. GENERAL INFORMATION :

7.1 CONTENTS OF TENDER DOCUMENT:

The tender document includes the following section:

Section-1 : Instruction to Bidders

Section-2 : Information for Bidders

Section-3 : General Conditions of Contract

Section-4 : Special Conditions of Contract

Section-5 : Scope of work & Technical Specification

Section-6 : Tender Forms and Schedules

Section-1 to Section-6 (except “Schedule of Quantity(ies) and Prices” – Schedule-A) are to be read/ understood, filled-up wherever required, signed & stamped and are to be submitted in the Cover-1 and “Schedule of Quantity(ies) and Prices” – Schedule-A is to be filled-up, signed and stamped and to be submitted in Cover-2, as described in Section-1 : ‘General Instructions’ below.

7.2 LANGUAGE OF BID: The bid prepared by the Bidder and all correspondence and documents related to the bid exchanged by the Bidder and the Corporation shall be written in English language, provided that any printed literature furnished by the Bidder may be written in another language, as long as such literature is accompanied by a translation of its pertinent passages in English language, in which case, for purposes of interpretation of the bid, the translation in English shall govern.

7.3 BID CURRENCY: All figures mentioned under the commercial bid should be in Indian National Rupee (INR). Commercial proposals in any currency other than INR would be considered non-responsive and rejected.

7.4 INFORMATION W.R.T. PUBLIC PROCUREMENT POLICY FO R MICRO AND SMALL ENTERPRISES (MSEs) ORDER ‘2012:

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MSME Development Act’ 2006 is applicable to all contractors/ suppliers / service providers. Therefore information as per Annexure-IX is required to be submitted/enclosed by the bidder along with bid.

7.5 PURCHASE PREFERENCE IN FAVOUR OF MSES REGISTERED WITH NSIC: Micro and Small Enterprises (MSEs) Units registered with NSIC under their Single Point

Registration Scheme or District Industries Centers (DIC) or Khadi and Village Industries Commission (KVIC), or Khadi Village and Industries Board (KVIB or Coir Board or Directorate of Handicrafts and Handlooms or any other body specified by Ministry of MSME or MSEs having UdyogAdhar Memorandum for the goods/services, covered in this Tender document shall also be eligible for the Purchase Preference.

In tender, participating Micro and Small Enterprises quoting price within the band of L1+15%

shall also be allowed to supply a portion of the requirement by bringing down their price to L1 price, in a situation where L1 price is from someone other than an MSE and such MSEs shall be allowed to supply atleast20% of the total tendered value. In case more than one such MSEs, the supply will be shared proportionately (to tendered quantity). In case where tender item is non-splitable or non –dividable etc.MSE quoting price within price band L1+15% may be awarded for full/complete supply of total tendered value to MSE considering spirit of Public Procurement Policy, 2012 for enhancing the Govt Procurement from MSE.

Out of 20% target of annual procurement from MSEs, a sub target of 4% (i.e. 20% out of 20%

will be earmarked for procurement from MSEs owned by SC/ ST entrepreneurs. However, in the event of failure of such MSEs to participate in the Tender Process or meet the tender requirements and the L 1 price, the 4% sub-target for procurement earmarked for MSEs owned by SC/ ST entrepreneurs will be met from other MSEs.

Definition of MSEs owned by SC/ST is as given unde r: a) In case of proprietary MSE, proprietor(s) shall be SC/ST b) In case of partnership MSE, the SC/ST partners shall be holding at least 51% shares in

the unit c) In case of Private Limited Companies, at least 51% share shall be held by SC/ST

promoters

7.6 MAKE OF THE ITEMS TO BE SUPPLIED:

a) The bidder should clearly mention the make of item in ‘Schedule-B’ intended to be supplied under this tender, against tendered item for which prices has been quoted. It shall be binding on the bidder to supply the item of the make mentioned in the Supply Order. No correspondence in this regard shall be entertained in this regard in future.

b) The bidder should submit comparative technical data sheet (Schedule-B) vis-a-visa technical specifications provided therein given in the ‘Section-5’. A set of technical, descriptive and illustrative literature/ leaflets/ brochures/ catalogues shall be submitted wherever applicable.

c) Only agencies submitting a general Dealership or Authorization certificate issued by the Manufacturers, without reference to any specific tender and having validity of such authorisation for the considerable duration shall only be considered for determining the eligibility of the Bidder for the particular tender. Authorization issued with reference to the specific tender in favour of particular dealer/ bidder will not be entertained.

d) In a tender, either the Principal/ OEM itself or dealer, authorised by Principal/ OEM for particular tender can bid, but both cannot bid simultaneously for the same item/ product.

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e) If a dealer submits bid on behalf of the Principal/ OEM, the same dealer will not submit a bid on behalf of another Principal/ OEM in the same tender for the same item/ product. In case manufacturer is also participating in the tender then the bid of authorized dealer shall not be considered and such bid of authorized dealer shall be returned unopened.

7.7 Modification prior to the date of Bid Opening:

At any time prior to the deadline for submission of bids, the Corporation may, for any reason, whether at its own initiative, or in response to a clarification requested by a prospective Bidder, amend the bidding documents. The amendment will be notified in writing or by cable to all prospective Bidders that have received the bidding documents and will be binding on them. Bidders are required to acknowledge the receipt of any such amendment within specified days, failing which it will be presumed that the amendment has been accepted and the information contained therein have been taken into account by the Bidder in its bid. The Corporation shall not be responsible for any postal delay or loss in receipt of amendments sent by the Corporation.

In order to afford prospective Bidders reasonable time in which to take the amendment into account in preparing their bid, the Corporation may at its discretion, suitably extend the deadline for the submission of bids.

8. GENERAL INSTRUCTIONS:

8.1 SUBMISSION OF OFFER: -

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 (TECHNICAL BID)

Online bids should be submitted containing scanned copy of following document in Cover-1 for documentary proof, for fulfilling quali fying criteria/ requirements failing which the offer shall liable to be rejected. a. Earnest Money Deposit (refundable) of Rs. 60,000/- as per Clause 4.0 above. b. Tender fee (Non-refundable) of Rs. 500/- as per Clause 5.0 above. c. The bidder or his authorized 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.

d. Micro and small enterprises (MSEs) Units registered with NSIC under their Single Point registration Scheme or District Industries Centers (DIC) or Khadi and Village Industries Commission (KVIC), or Khadi Village and Industries Board (KVIB or Coir Board or Directorate of Handicrafts and Handlooms or any other body specified by Ministry of MSME or MSEs having Udyog Adhar Memorandum for the goods/services are exempted from furnishing the Bid Security deposit/EMD and Tender cost.

e. They should furnish with the Bid a notarized copy of the valid registration certificate / Entrepreneurs memorandum (EM-II) details / other relevant documents issued by above board/body in their favors, for the goods/services covered under this tender document. No other bidders are exempted from furnishing Bid Security/EMD as mentioned above

f. Self attested copy of PAN and TIN/ Sales Tax Registration Certificate. g. Self attested copy of Trading and Profit & Loss Accounts/Balance sheet/ Certificates

audited by CA in fulfillment of Eligibility Criteria. h. Self attested Copies of Supply Orders and Completion certificate in fulfillment of Eligibility

Criteria. i. Self attested Copy of authorization certificate i.e. authorized Dealer/ Distributor/ Channel

partner or documents in support of manufacturer. j. Acceptance of technical specification of the item mentioned in ‘Section-5' of tender

document.

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k. Comparative Technical Data Sheet as per Schedule-B . l. Duly filled, stamped and signed Annexure-I, II, III, IV V, VI and VII. m. Duly filled Form for Electronic Clearing Services (Credit Clearing) and duly certified by the

Bank Authority (Annexure-VIII). n. Declaration/ Undertaking for identifying Micro, Small & Medium Enterprises under MSMEDA

–2006 (Annexure-IX).

Note: Please note that without documentary evidence uploaded with the Technical bid (Cover-1), the status of applicability of MSMEDA ac t shall be treated as “Not Applicable”.

If the Cover-1 i.e. technical bid does not contain any of the above mentioned documents or contains incomplete or unsuitable technical specifications of the item to be supplied, then the offer shall be deemed liable for rejection/ disqualification. The respective Cover– 2, i.e. Price Bid of the technically disqualified offers shall not be opened.

The bidders are cautioned that divulging of any pri ce information in Cover-1 (Technical Bid) will result in rejection of their tender.

B) Cover-2 (PRICE BID)

a. The Cover-2 shall contain the price bid in the enclosed "Schedule of Quantities & Prices" as per the format enclosed at Schedule–A. Any clause governing the bid subject to market fluctuation is not acceptable. The quoted rates shall be typed in figures and shall be digitally signed by the bidder or his authorized person through e-token.

b. The rates shall be quoted strictly in Schedule of Q uantities and Prices (Schedule-A) inclusive of all taxes, duties, Entry Tax, Statutor y Charges, Insurance, Permit Charges, P&F charges, Freight etc. (including purchaser liab ility, if any) F.O.R. NHDC R&R Office, Khandwa (M.P.) to avoid any post consequences/ disc repancies. However, all applicable Taxes & Duties should be clearly mentioned by the s upplier at the time of Supply in their Invoice. Supplier should submit documentary proof o f Excise Duty payment with their invoice.

Note: In case of interstate purchase against form ‘C’ Entry Tax on the sale value is applicable in the state of Madhya Pradesh. The Entry Tax amount will be deducted & deposited with relevant authorities directly by NHDC. The supplier is advised to quote accordingly.

c. 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.

9.0 SUBMISSIONS AND OPENING: -

9.1 The bid should be submitted online at website http://eprocure.gov.in/eprocure/app only, by the due date 27.01.2017 and time upto 03:00 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.

9.2 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.

9.3 The bidder shall bear all cost associated with the preparation and submission of its bid and the Corporation will in no case be responsible or liable for these cost, regardless of the conduct or outcome of the tendering process.

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9.4 If any clarification is required by the bidder in respect of items wherein specification are not defined or if any doubt is there about any specification, bidder may personally visit the Office of Manager (Civil) , NHDC Ltd., R&R Office, Civil lines, Khandwa–450001 (M.P.). However, this shall not become the reason for claiming extension of the deadline for the submission of the tenders.

9.5 The prospective bidder requiring any clarification of the tender document may obtain the same online/ offline from Tender Inviting Authority, Manager (Contracts) , NHDC Ltd., R&R Office, Civil lines, Khandwa – 450001 (M.P.), Email - nhdcr [email protected] in person or otherwise in writing so as to reach the said office at least 07 (Seven) days before the deadline for submission of the tenders. 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.

10. EVALUATION OF TENDER: 10.1 Only those bidders shall be considered qualifi ed by the Corporation, who submit

requisite EMD, tender fees and documents, acceptanc e of the terms & conditions of the Tender document and meet the Qualifying requirement stipulated in the tender document. The decision of the Corporation shall be final and binding in this regard. Bidder needs to submit the stamped & signed copy of Bid Form (Annexure-I) as token of acceptance of all the terms & conditions. In case b idder submits stamped and signed copy of documents, it will be presumed that all the terms & conditions of tender document are acceptable to bidder. Deviation in ter ms & conditions, if any, need to be specifically mentioned by the bidder.

10.2 The Corporation will evaluate and compare only those tenders that are determined to be substantially responsive to the requirements of the tender document.

10.3 In evaluating tenders, the Corporation will determine for each tender, the evaluated price by adjusting the tender price as follows.

10.3.1 Making any correction for arithmetical errors noticed by the Corporation.

10.3.2 Making an appropriate adjustment for cost of all quantifiable deviation and omission from the terms, conditions and specifications of the tender document.

10.4 The bid(s) shall be evaluated based on the criteria set forth hereunder:

10.4.1 The evaluation process shall be carried out in two stages

i. Evaluation of Eligibility criteria and Techno-commercial evaluation

ii. Financial evaluation

10.4.2 The techno-commercial bid of those prospective bidders who are found to be meeting the qualifying criteria shall be evaluated. The bidders whose bid(s) are found to be techno-commercially acceptable shall be considered for further evaluation. Bid(s) not fulfilling the techno-commercial requirement of the bid(s) shall be considered non-responsive and rejected and the price bid(s) of such bidder shall be returned unopened.

10.4.3 The Price bid(s) of the prospective bidders, who fulfils the techno-commercial requirement of the bid(s), shall be evaluated further.

10.4.4 If there is a discrepancy between the unit price and the total price which is obtained by multiplying unit price and quantity, or between subtotal and the total price, the unit or subtotal price as the case may be shall prevail, and the total price shall be corrected. If there is a discrepancy between words and figure, the amount in words will prevail.

10.4.5 Normally the tender will be accepted of those bidders whose quoted rates are found to be lowest but the Corporation is not bound for such acceptance and reserve the right to accept or reject any offer without assigning any reason thereof. Bidder shall have no objection to such rights of the Corporation.

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The Corporation also reserves the right to split th e Supply Order item wise, based on the lowest evaluated rates quoted in individual item by the supplier. In event of splitting of Order, the EMD amount equal to 2% of the Supply Order Value shall be retained till the completion of supply and remaining amount, if, any, from the original EMD amount submitted shall be returned to the bidder.

10.4.6 In case the bidder has not quoted for any of the items, the price of all such item(s) against which bidder has not quoted rates/ amount (viz. Items left blank or against which ‘-‘ is indicated) in the schedules will be deemed to have been included in other items(s)/ Total Quoted amount.

10.4.7 Purchase preference in favour of MSEs registered wi th NSIC shall be considered while evaluating the bid.

10.5 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.

10.6 If the present performance of the bidder including any of the partners of the firm, in a current contract is unsatisfactory 'as certified by the Client/Employer', the tender of the bidder will be summarily rejected without assigning any reason.

11. The tender document is not transferable.

12. Bidders will not be allowed to revise the quoted rates of their own, once "Technical Bid" has been opened by the Corporation. The bidder shall bear all cost associated with the preparation and submission of its tender and the Corporation will in no case be responsible or liable for these cost, regardless of the conduct or outcome of the tendering process.

13. The bidders shall quote the price only for the items mentioned in the Schedule-“A”. The price quoted for the item other than the items mentioned above shall not be considered for evaluation.

14. The Bidder shall arrange to receive all the letters issued by the Corporation either personally or through his authorized representative in respect of this tender, failing which letters will be sent by mail/ post. The Corporation shall not be responsible for non-receipt/ delayed receipt of letters by the bidders.

15. 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.

16. The units of the items shall be same as per the Schedule of quantity (ies) and prices and any other unit mentioned in the offer will be liable to be rejected.

17. The Corporation reserves the right to cancel the tender without assigning any reason thereof. 18. The bidder shall not be entitled during the period of validity of their offer, without the consent in

writing of the Corporation, to revoke or withdraw their offer or Change in any respect of their tender or any term and conditions thereof.

19. Conditional offers are liable for rejection.

20. Bidders are advised to fill in the price bid and Annexure’s, 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 Corporation.

21. The bidder shall quote their prices on “Firm” basis in all respects. Taxes shall be mentioned separately in the price bid. The bidder shall ascertain the rate of all applicable taxes & duties and shall fill up price bid as per said applicable taxes & duties.

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

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23. Offer containing multiple rates and value terms like subject to prior sale, subject to availability of stock at the time of receipt of order etc. are liable to be rejected.

24. Vague and ambiguous replies and replies such as “Refer covering letter, conditions of Bid etc.” should be avoided. Such replies shall be deemed to be incomplete and may prevent the Bid from being considered by the Corporation.

25. Bidders are advised to accept all the conditions specified in the Bid document, to facilitate early finalization of bids. 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 summarily rejection.

27. After the opening of tenders, information relating to the examination, clarification, evaluation and comparison of tenders and recommendations concerning the award of Contract shall not be disclosed to bidders or other persons not officially concerned with such process until the award of the contract to the successful bidder has been announced.

28. 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.

29. Any effort by a bidder to influence the Corporation 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.

30. The evaluation of the bids will be done package-wise (i.e. total price quoted by the bidder for supply as well as installation portion).

Manager (Contracts)

NHDC Ltd, R&R Office, Khandwa (M.P.)

-------- X -------

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SECTION- 2

INFORMATION FOR BIDDER:

1.0 INTRODUCTION

1.1 Location and Communication

1.1.1 The NHDC R&R Office is located at Khandwa (Madhya Pradesh).

1.1.2 NHDC R&R Office Khandwa is connected by all weather road from Dist. Headquarters at Khandwa as well as other places like Indore and state capital Bhopal. The nearest broad gauge railhead is Khandwa Railway Station, which lies between Bhusawal – Itarsi 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 No Place Importance Distance

1. Khandwa Distt. Headquarter and Nearest Railhead (Broad Gauge) 00 KMS.

2. Indore Nearest Airport 130 KMS.

3. Bhopal State Capital 280 KMS.

2.0 BIDDER TO GET THE DETAILS OF THE SITE

2.1 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.

2.2 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.

2.3 Access to the site will be granted, if necessary, to the intending Bidder by prior permission of the NHDC R&R Office.

Manager (Contracts) NHDC Ltd, R&R Office,

Khandwa (M.P.)

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SECTION- 3

GENERAL CONDITIONS OF CONTRACT

1. DEFINITION OF TERMS 1.1 In the Contract, the following expression shall, unless the Contract otherwise requires, have the

meanings, assigned to them.

i) 'Approval ‘shall mean the written approval of the Engineer and or the statutory authorities wherever such authorities are specified by any code or otherwise.

ii) 'Commercial Use' shall mean the use of the work, which the Contract contemplates or

of which it is commercially capable of. iii) 'Commissioning’ shall mean the satisfactory operation of the equipment/ work as

specified, after all necessary initial tests, checks and adjustments required at site, if any, have been satisfactorily completed and the equipment/works have been in continuous and uninterrupted commercial use for not less than 30 days.

iv) The ‘Consulting Engineer’ means the firm or the person as may be duly appointed by

the Purchaser to act as consulting engineer for the purpose of the work covered in the Contract.

v) The ‘Contract’ shall mean and include the Bid and it's acceptance thereof, the General

Conditions, Special Conditions, Specifications, Schedules, Drawings, Form of Bid, covering letter, Schedules of Quantities & Prices and the formal Agreement executed on the stamped paper or on the plain paper.

vi) The ‘Contractor’ shall mean the Bidder whose Bid has been accepted by the

Purchaser and shall include the Bidder’s heir, legal representatives, successors and permitted assigns.

vii) The ' Contract Price ‘ shall mean the sum arrived at by multiplying the quantity (ies)

with the rate (s) in the Schedule of Quantities and Prices given in / annexed to the Contract, subject to such additions and adjustments thereto or deductions there from, as may be made pursuant to the Contract.

viii) The 'Delivery of Plant/Equipment’ shall be deemed to take place on delivery of the

Plant/Equipment to i) the Purchaser at his premises; or ii) where so provided the interim Purchaser at his premises; or iii) a carrier or other person named in the Contract as an interim Purchaser for the

purpose of transmission to the Purchaser . iv) the destination station in case of Contract stipulating delivery of stores at

destination station.

ix) The 'Engineer ' shall mean the officer placing the order for the work to the Contractor and such other officer as may be authorized and appointed in writing by the Purchaser to act as Engineer for the purpose of the Contract and in case no such officer has been so appointed, the Purchaser or his duly authorized representative.

x) The ' Engineer-in-Charge' means the person appointed by the Corporation in the

manner provided hereof and named as such in SCC to perform duties delegated by the Corporation. The Engineer-in-Charge shall represent and act for & on behalf of the Purchaser at all times during the currency of the Contract. All notices, instructions, orders, certificates, approvals and all other communications under the Contract shall be

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given by the Engineer-in-Charge, except as herein otherwise provided. All notices, instructions, information and other communications given by the Contractor to the Purchaser under the Contract shall be given to the Engineer-in-Charge, except as herein otherwise provided.

xi) The ‘Inspector’ shall mean any person or persons nominated by the Purchaser and/or

the Engineer/Engineer-in-Charge to inspect stores or works under the agreement and/or his duly authorized representative appointed to act as the Inspector.

xii) ‘Letter of Award’ shall mean the Purchaser’s letter conveying his acceptance of the

Bid, subject to such reservations as may have been stated therein. xiii) ‘Month’ shall mean English calendar month. xiv) Words Imparting 'person’ shall include Firms, Companies, Corporations and other

bodies whether incorporated or not. xv) ‘Plant’, ‘Equipment’, ‘Material, ‘Work’, or Works shall mean respectively the plant,

equipment and material to be provided and work or works to be done by the Contractor under the Contract.

xvi) The “Purchaser” or the “Employer ” or the ‘Corporation’ shall mean the N H DC Ltd.,

NHDC Parisar, Shyamla Hills, Hills, Bhopal – 462 013 and shall include its successors and permitted assigns.

xvii) Words imparting the 'Singular only’ shall also include the plural and vice versa, where

the Contract so requires. xviii) The ‘Site’ shall mean the land/and or other places on, into or through which the work is

to be executed under the Contract or any adjacent land, path or street through which work is to be executed under the Contract or any adjacent land, path or street which may be allotted or used for the purpose of carrying out the Contract

xix) The ‘Specification’ shall mean the specification as per the Contract or Bid, as the case

may be and the schedules thereto (if any) and subsequent amendments mutually agreed upon in writing.

xx) The ‘Sub-Contractor’ shall mean the person, firm/Company named in the Contract for

any part of the work or any person, to whom any part of the Contract has been sublet with the consent in writing of the Engineer-in-Charge, and the heirs, legal representatives, permitted successors and assigns of such persons.

xxi) The terms used under ‘Technical Specification’ and ‘Acceptance Test’ shall have the meaning given to them in relevant issue of the Bureau of Indian standards or their approved equals applicable on the date of Letter of Award.

xxii) ‘Tests on completion’ shall mean such tests, as are prescribed in specification, to be

carried out by the Contractor to the satisfaction of the Engineer-in-Charge before the work is taken over by the Engineer-in-Charge.

xxiii) ‘Writing’ shall include any manuscript, typewritten or printed, statements, under or over

signature or seal as the case may be. xxiv) The expression ‘Works’ or ‘Work’ shall unless be something either in the subject or

context repugnant to such construction, be construed and taken to mean the works by or virtue of the Contract constructed to be executed whether temporary or permanent and whether original, altered, substituted or addition.

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xxv) ‘Terms and Expression not herein defined shall have the same meaning as assigned to them in the Indian Sales of Goods Act 1930, failing that in the Indian Contract Act, 1872 and failing that in the General Clauses Act 1897 or any such Act as the case may be.

2. CONTRACTOR TO INFORM HIMSELF FULLY

2.1 The Contractor shall be deemed to have carefully examined the General Conditions,

Specifications, Schedules and the drawings and also to have satisfied himself as to nature and character of the work to be executed and, where necessary, of the site conditions and other relevant matters and details. Any information thus had or otherwise obtained from the Purchaser and or the Engineer shall not in any way relieve the Contractor of his responsibility for supplying the Plant and Material and for executing the Work, as may be applicable, in terms of the Contract, including all details and incidental works and supply or all accessories though not mentioned in the Contract but necessary for ensuring complete erection and safe efficient working of the Plant and Equipment. If he shall have any doubt as to the meaning of any portion of the Contract, he shall, before signing it, set forth the particulars thereof and submit them to the Engineer in writing in order that such doubt may be removed.

3. AGREEMENT 3.1 After issue of the Letter of Intent /Award, the Purchaser shall prepare the Agreement on the

stamp paper on the Form enclosed as Annexure-I for Supply & Erection Contracts and the parties shall sign the Agreement within 30 Days from the date of issue of Letter of Intent / Award .The expenses of completing and stamping the agreement shall be borne by the Contractor. The Contractor shall furnish three sets of such Contract Agreements to the Purchaser. After the Agreement, one original set shall be handed over to the Contractor and the remaining two sets shall be retained by the Purchaser.

3.2 After the Bid has been accepted by the Purchaser, all orders or instructions to the Contractor

shall, except as herein otherwise provided, be given by the Engineer-in-Charge or his authorized representative, in writing, on behalf of the Purchaser .

4. PERFORMANCE GUARANTEE 4.1 Within 28 days after receipt of Notification of Award, the Contactor shall furnish to the

Engineer-in-Charge a bank guarantee from an Indian Nationalized Bank or State Bank of India or any Scheduled Bank in India on the Form enclosed as Annexure-XI to these General Conditions for an amount equal to ten (10) percent of the Contract Price by way of guarantee for the due and faithful performance of the Contract along with the other terms and conditions agreed to. If the Contract Price increases or decreases due to variations as mentioned in clause 13.1 to 13.5 of the General Conditions of the Contract, the amount of Performance Bank Guarantee shall remain unaltered until the amount of such variations does not exceed 20% of the originally awarded Contract Price. Once the amount of variation as above, exceeds 20% of the originally awarded Contract Price, the amount of the PBG shall be increased or decreased by an amount equal to 10% (Ten Percent) of the amount of variations so ordered with reference to the originally awarded Contract Price so that the total amount of PBG shall remain as 10% of the revised Contract Price (i.e. Original Contract Price plus variations). The Performance Guarantee shall be valid during the entire warranty period as per Clause No. 51.1 to 51.4 of these General Conditions of Contract. Subject to the requirement of variations exceeding 20% of the original Contract sum as specified above, the Contractor shall at his own cost, furnish within one month from the date of issue of change orders for the variations, amended / revised / additional Bank Guarantee, required due to variations in the Contract Price, and also get the validity period of Bank Guarantee furnished by him, extended from time to time till the completion of warranty period as per the provisions of the Contract. The Contractor shall furnish 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 extended /revised Bank Guarantee is not received by the Purchaser within the specified period of one month, the Purchaser entirely at his discretion shall be at liberty to encash the aforesaid bank guarantee.

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4.2 On due completion and commissioning of work in all respects and on expiry of the warranty

period as per clause 51.1 to 51.4 of these General Conditions, the bank guarantee shall be returned to the Contractor without any interest on presentation of an absolute ‘No Demand Certificate’ from the Purchaser and upon the return, in good conditions, of any Specifications, Drawings, tools or tackles or any other property belonging to the Purchaser which may have been issued to the Contractor. Provided always that the Purchaser shall be entitled to retain set off, deduct or adjust any claim against the Contractor from the money deposited with or becoming payable by the Purchaser.

5. CONTRACT DRAWINGS

The Contractor shall submit, in triplicate, to the Engineer-in-Charge for his approval of General Arrangement and drawings, such detailed drawings as specified in the Contract or otherwise reasonably necessary. Within 30 days of the receipt of such drawings, the Engineer -in-Charge shall signify his approval to the Contractor and in the event of his disapproving the drawings, the Contractor shall submit fresh / amended drawings as per the requirement of the Purchaser for his approval. No extension in Contractual delivery time shall be allowed on account of the time consumed in submission and examination of defective drawings and resubmission of the corrected drawings. Within a reasonable period of the notification by the Engineer-in-Charge to the Contractor of his approval of such drawing, one set of drawings in ink and three sets of blue prints of the drawings as approved shall be supplied by the Contractor and shall be deemed to be the Contract drawings.

These drawings when so signed shall become the property of the Purchaser and be deposited with the Engineer-in-Charge and shall not be deviated from in any way whatsoever, except with the written permission of the Engineer-in-Charge as hereinafter provided. During the execution of the works, one set of drawings shall be available for reference on the site also. In the event of the Contactor desiring to possess a signed set of drawings he shall supply four sets instead of three sets, and in that case, the Engineer-in-Charge shall sign the fourth set and return the same to the Contractor. The Contractor, if required by the Engineer-in-Charge, shall supply additional, copies of any drawings, which may reasonably be required for the purpose of the Contract. The Engineer-in-Charge or his dully authorized representative whose name shall have previously been communicated in writing to the Contactor shall have the right at all reasonable times to inspect the goods under manufacture at the factory / works of the Contractor during the currency of the Contract. Any Bid, drawings, technical data or correspondence which form the basis of an order or a Contract as aforesaid, or which may be furnished by the Contractor for the Purchaser's approval, or information as provided under the said order or Contract, shall be in English and if it is in any other language, a complete translation English shall be dully furnished.

6. MISTAKE IN DRAWINGS

The Contactor shall be responsible for and shall pay the cost for alternations of work due to any such discrepancies, errors and omissions in the drawings or other particulars supplied by him whether such drawings or particulars have been approved by the Engineer-in-Charge or not, provided that if such discrepancies, errors or omissions are due to inaccurate information or particulars furnished to the Contractor by the Purchaser, any alterations in the work necessitated by reasons of such inaccurate information or particulars shall be paid for by the Purchaser .

If any dimension figured upon a drawing or a plan differ from that obtained by scaling the drawings or plan, the dimension as figured in the drawing or plan shall be taken as correct.

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7. SUBLETTING OF CONTRACT 7.1 The Contractor shall not, without the prior consent in writing of the Engineer-in-Charge or

Purchaser, which shall not be unreasonably withheld, assign or sublet or transfer his Contract, or substantial part thereof other than for raw materials, for minor details, or for any part of the work, of which the suppliers and or erectors are named in the Contract, provided that any such consent shall not relieve the Contractor from any obligation, duty or responsibility under the Contract.

8. PATENT RIGHTS

In the event of any claim or demand being made or action being brought against the Purchaser for infringement or alleged infringement of patent rights in respect of any machine, plant, work or thing used or supplied as may be applicable in terms of the Contract, by the Contractor, under this Contract, or in respect of any method of using or working by the Purchaser of such machine, plant, work or thing, the Contractor shall indemnify the Purchaser from and against such claim or demand and all costs and expenses arising from or incurred by reasons of such claim whatsoever or demand. The Purchaser shall notify the Contractor immediately any claim is made and that the Contractor shall be at liberty if he so desires with the assistance of the Purchaser, if required, but at the Contractor’s own expenses, to conduct all negotiations for the settlement of the same or any litigation that may arise there from and PROVIDED THAT no such machine, plant work or thing, as aforesaid, shall be used by the Purchaser for any purpose in any manner other than that for which they have been supplied and/or the works executed by the Contractor as specified under the Contract .

9. MATERIALS AND WORKMANSHIP

9.1 All plants, materials, etc., as may be required to be supplied and/or used and all such work to be executed by the Contractor in terms of the Contract and as per the specification, shall be of the best quality and workmanship, capable of satisfactory operation under the operating and atmospheric conditions as may be specified in the Contract. Unless otherwise specified they shall conform in all respects to the requirements of the latest edition of the relevant Indian Standard specifications on that behalf.

9.2 Contractor may offer equipments, materials etc., as aforesaid, manufactured in accordance

with other well recognized standards but shall, in that case, supply a copy in English language of the standard specifications adopted by them and shall clearly mention in what respect such standard specifications differ from corresponding Indian Standard Specifications. These should comply with one consistent set of standard only as far as possible.

9.3 All materials shall be erected after being approved and passed by the Engineer-in-Charge. The

erection shall be done according to the best practices being followed with the best erection equipments and tools, so as to given satisfactory results. The dimensions shown on the drawings shall be adhered to strictly and work performed to the satisfaction of the Engineer-in-Charge. The Contractor shall guarantee all workmanship executed by him to be free from defects whatsoever.

10 INTERCHANGEABILITY

All parts shall be made accurately to standard gauges so as to facilitate replacement and repairs. All corresponding parts of similar material shall be interchangeable.

11 PACKING AND MARKING 11.1 The Contractor shall be responsible for securely protecting and packing the Plant, Materials,

etc, as may be required to be supplied by the Contractor in terms of the Contract, as per prescribed standards in force to withstand the journey and ensuring the safety of materials and also arrival of the same at destination in original condition and good for contemplated use so as to avoid damage under normal conditions of transport and to comply with such other conditions as specified in the Contract.

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11.2 Each bundle or package shall have the following marking on it :-

a) The name and address of the consignee. b) Destination. c) The relevant marks, reference numbers etc. for easy identification

11.3 Each package shall also be accompanied with detailed packing lists to facilitate checking up of the contents at the destination.

12 FENCING AND LIGHTING FOR WORKS 12.1 The Contractor shall at all times, provide sufficient fencing, notice boards, lights and watchman

to protect and guard the work. In case, the Contactor fails to make such provision or any provision made by him is considered by the Purchaser to be inadequate, the Purchaser may make such provision or further provisions, as he may consider necessary and charge the cost thereof to the Contractor.

12.2 If during, the period of erection, the Contractor or his workmen or servants shall injure or

destroy any part of a building or other structure contiguous to the work in progress or if any damages shall be caused by any cause whatsoever to other works whether in progress or completed forming part of the work, for which the plant is being installed, or if any imperfections become apparent in these works the cause of which imperfection are attributable to the Contractor or his workmen or servants, the Contractor shall make good such damages and imperfections and if he fails to do so within a reasonable time, the Purchaser may cause the same to be made good and may deduct the cost thereof from any sum that may be due on them or at any time thereafter become due to the Contractor or from his Performance Guarantee or the proceeds of sale thereof or of a sufficient portion thereof may recover otherwise.

13. POWER TO VARY OR OMIT WORK

13.1 No alternations, amendments, omissions, additions, substitutions, or variations of the work

(hereinafter referred to as ‘Variations’) under the Contract shall be made by the Contractor except those directed in writing by the Engineer -in-Charge, but the Engineer-in-Charge shall have full power subject to the provisions hereinafter contained, from time to time during the execution of the Contract by giving notice in writing, to instruct the Contractor to make such variation, provided the variation so ordered instructed shall not result in change of the scope of the Contract and the Contractor shall carry out such variations, and be bound by the same conditions as if the said variations occurred in the Contract .

13.2 If any suggested variation would in the opinion of the Contractor, if carried out, prevent him

from fulfilling any of his obligations or guarantees under the Contract he shall notify the Engineer-in-Charge thereof in writing, and the Engineer -in-Charge shall decide forthwith whether or not the same shall be carried out, and if the Engineer -in-Charge confirms his instruction, the Contractor’s obligations and guarantees shall be modified to such an extent as may be justified. The decisions of the Engineer -in-Charge in this regard shall be final and binding.

13.3 The difference in cost, if any occasioned by such variations, shall be added to or deducted from

the Contract price as the case may be. The amount of such difference, if any, shall be ascertained and determined in accordance with the rates specified in the Agreement.

In case such rates are not available in the Agreement, they shall be settled mutually by the Engineer-in-Charge and Contractor. Even if there is disagreement regarding the rates to be paid, the Contractor shall carry out the work inclusive of the variations and the matter in difference. Provided that in case no final settlement is arrived for such rates, then such disagreement shall be settled as per Clause 53.1 to 53.4 of the General Conditions of the Contract.

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13.4 In the event of the Engineer-in-Charge requiring any variations, such reasonable and proper notice shall be given to the Contractor to enable him to make his arrangements. Accordingly, in cases where goods or materials are already prepared/procured, or any designs, drawings or patterns made or work done that required to be altered, a reasonable sum in respect thereof shall be allowed by the Engineer in-Charge .

13.5 In every case in which the Contractor shall receive instructions from the Engineer-in-Charge for

carrying out such work which, either then or later, will in the opinion of the Contractor, involve a claim for additional payment, the Contractor shall, as soon as reasonably possible ( But not later than 30 days ) after the receipt of such instructions, inform the Engineer-in-Charge of such claim for additional payment.

14. NEGLIGENCE 14.1 If the Contractor neglect to manufacture Plant & equipments or execute the work in terms of the

Contract as the case may be with due diligence and expectation, or refuse or neglect to comply with any reasonable orders given to him in writing by the Engineer-in-Charge in connection with the work, or contravene any provisions of Contract , the Purchaser may give seven days notice in writing to the Contractor to make good the failure, neglect or contravention complained of within reasonable time as specified by Engineer-in-Charge . If the Contractor fail to comply with the notice and in the event of failure, neglect, or contravention capable of being made good within that time, then and in such a case the Purchaser shall forthwith perform such work as the Contractor may have neglected to do, or if the Purchaser shall think fit, it shall be lawful for him to take the work wholly, or in part, out of the Contractor’s hands and give it to another person(s) or Contractor at a reasonable price or provide any other materials, tools, tackle, or labour for the purpose of completing the work, or any part thereof, and in that event the Purchaser shall, without being responsible to the Contractor for fair wear and tear of the same have the free use of all the materials, tools, tackles, or other things which may be on the site, for use at any time in connection with the work, to the exclusion of any right of the Contractor over the same, and the Purchaser shall be entitled to retain and apply any balance which may be otherwise due on the Contract by him to the Contractor or such part thereof as may be necessary, to the payment of the cost of executing such work as aforesaid.

14.2 If the cost of executing the work, as aforesaid, shall exceed the balance due to the Contractor

and the Contractor fails to make good the deficiency, it shall be lawful for the Purchaser to make good such deficiency in the manner it may deem fit in terms of the Contract and the Purchaser may recover it from the Contractor in any lawful manner or the Purchaser may sell the said materials, tools, tackles, or things belonging to the Contractor and to the proceeds of such sale shall be applied towards the payment of such deficiency and the cost of any incidental to such sale and any balance remaining after crediting the same shall be paid to the Contractor on the certificate of the Engineer -in-Charge , provided that when all expenses, cost and charges incurred in the completion of the work are paid by the Contractor, all such materials, tools tackles or other things remaining unsold shall be removed by the Contractor.

15. COMPLIANCE WITH REGULATIONS 15.1 The Contractor shall comply with all applicable laws, ordinances, codes, approved standards,

rules and regulations and shall obtain all necessary municipal and government permits, licenses etc. at his own cost. The Contractor shall keep the Purchaser and Engineer-in-charge harmless as a result of any infractions thereof.

15.2 Unless otherwise specified, all works to the extent applicable shall be carried out in accordance

with the Electricity Act, 2003 and relevant rules thereof, or any amendment thereto which may be notified during the currency of the Contract and the requirement of any other Rules, Regulation and Acts in India to which the Purchaser may be subjected to.

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16. DEATH, INSOLVENCY AND BREACH OF CONTRACT

The Purchaser may at any time, by giving notice, in writing summarily determine the Contract without compensation to the Contactor in any of the following events, that is to say: i) If the Contractor being an individual or a firm or any partner thereof, shall at any time,

be adjudged insolvent or shall have received order for administration of his estate made against him or shall take any proceeding for compensation under the Insolvency Act for the time being in force or make any conveyance or assignment of his effects or enter into any arrangement or composition with his creditors or suspend payment or if the firm has been dissolved under the Partnership Act; or

ii) If the Contractor being a company is wound up voluntarily or by the order of a Court or a

Receiver, Liquidator or Manager on behalf of the Debenture holder is appointed or circumstances have arisen which entitle the court or Debenture holders to appoint a Receiver, Liquidator or manager; or

iii) If the Contractor commits any breach of the Contract not herein specifically provided in

the Contract. Provided always that such determination shall not prejudice any right of action or remedy which shall have accrued or shall accrue thereafter to the Purchaser and provided also that the Contractor shall be liable to pay to the Purchaser for any extra expenditure he is thereby put to and the Contractor shall under no circumstances be entitled to gain on such purchase.

17. DATE OF COMPLETION 17.1 The Contractor shall provide full programme of the Supplies and or work in detail and delivery

schedule thereto. Strict adherence to the prescribed time schedule mentioned in the Contract shall be the essence of the Contract.

18. DELAY IN SUPPLY / ERECTION 18.1 If the Contractor fails to attain completion of the scope of work or any part thereof within the

prescribed time for completion under clause 17.1 or any extension thereof under GCC Clause 22.1 to 22.3 (Extension of time for Completion), the Contractor shall pay to the Purchaser liquidated damages equal to amount computed @ 1/2 (half) percent per week or part thereof the Contract Price. The aggregate amount of such Liquidated damages shall in no case exceed 10% (Ten) percent of the Contract price.

19. MANAGEMENT MEETING 19.1 Either the Engineer-in-Charge or the Contractor may require the other to attend a Management

Meeting. The business of Management Meeting to be held at the place decided by the Engineer -in- Charge shall be to review the plans for remaining works and to deal with matters raised in accordance with the Early Warning Procedure.

19.2 The Engineer -in- Charge shall record the business of Management Meetings and shall provide

copies of the minutes of record of the meeting to those attending the meeting and to the Contractor. The responsibility of the parties for actions to be taken is to be decided by the Engineer-in-Charge either at the Management meeting or after the Management Meeting and stated in such record of the meeting.

20. EARLY WARNING 20.1 The Contractor is required to warn the Engineer -in-Charge at the earliest opportunity of

specific likely future events or circumstances that may delay the execution of works. The Engineer -in-Charge may require the Contractor to provide an estimate of the expected effect of the event or circumstance and Completion date.

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20.2 The Contractor shall cooperate with the Engineer-in-Charge in making and considering proposals for how the effect of such an event or circumstances can be avoided or reduced by anyone involved in the work and in carrying out any resulting instruction of the Engineer-in-Charge.

21 CASH FLOW FORECAST 21.1 When the programme is updated, the Contractor is to provide the Engineer-in-Charge with an

updated cash flow forecast. 22. EXTENSION OF TIME FOR COMPLETION 22.1 The time(s) for Completion specified in the Contract may be extended if the work is delayed or

the Contractor is impeded in the performance of any of its obligations under the Contract by reason of any of the following :-

(a) any change in the scope of work (b) any occurrence of Force Majeure as provided in GCC clause 52.1 to 52.5 (c) any suspension of work order given by Engineer-in Charge under GCC Clause 23.1 to

23.4 ( Suspension) hereof or reduction in the rate of progress pursuant to GCC Clause 23.2 or

(d) any default or breach of the Contract by the Purchaser , specifically including failure to supply the items to be supplied by the Purchaser as per the Contract Agreement , or any activity , act or omission of any other Contractors employed by the Purchaser; or by such period as shall be fair and reasonable in all the circumstances and as shall fairly reflect the delay or impediment sustained by the Contractor .

22.2 Except otherwise specifically provided in the Contract, the Contractor shall submit to the

Engineer-in-Charge his request for an extension of the Time for Completion, together with particulars of the event or circumstances justifying such extension as soon as reasonably practicable after the commencement of such event or circumstance. As soon as reasonably practicable after receipt of such request and supporting particulars for such time extensions, Engineer -in-Charge shall convey his decision upon the period of such extension to the Contractor.

22.3 The Contractor shall at all times use its reasonable efforts to minimise any delay in the

performance of its obligations under the Contract. If the Contractor has failed to give early warning of a delay or has failed to cooperate in dealing with a delay, the delays due to such failures shall not be considered in assessing the time extension.

23 SUSPENSION 23.1 The Engineer-In-Charge may request, by giving notice to the Contractor, to suspend

performance of any or all of its obligations under the Contract. Such notice shall specify the obligation of which performance is to be suspended, the effective date of the suspension and the reasons therefore. The Contractor shall thereupon suspend performance of such obligation (except those obligations necessary for the care or preservation of the work) until ordered in writing to resume such performance by the Engineer- In- Charge.

If, by virtue of a suspension order given by the Engineer-In-Charge, other than by

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

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If the Purchaser fails to do so within such period, the Contractor may, by a further notice to the Engineer-In-Charge, elect to treat the suspension, where it affects a part only of the Facilities, as a deletion of such part or, where it affects the whole of the Work, as termination of the Contract.

23.2 If

(a) the Purchaser has failed to pay the Contractor any sum due under the Contract within the specified period or has failed to approve any invoice or supporting documents without just cause pursuant to Payment Terms, or commits a substantial breach of the Contract , the Contractor may give a notice to the Purchaser that requires payment of such sum, with interest thereon as stipulated in the Contract , requires approval of such invoice or supporting documents, or specifies the breach and requires the Purchaser to remedy the same, as the case may be. If the Purchaser fails to pay such sum together with such interest, fails to approve such invoice or supporting documents or give its reasons for withholding such approval or fails to remedy the breach or take steps to remedy the breach within fourteen (14) days after receipt of the Contractor’s notice or

(b) The Contractor is unable to carry out any of its obligations under the Contract for any reason attributable to the Purchaser, including but not limited to the Purchaser’s failure to provide possession of or access to the site or other areas or failure to obtain any governmental permit necessary for the execution and/or completion of the Works;

then the Contractor may by giving fourteen (14) days notice to the Purchaser suspend performance of all or any of its obligations under the Contract , or reduce the rate of progress.

23.3 If the Contractor’s performance of its obligations is suspended or the rate of progress is

reduced pursuant to this GCC Clause 23.1 to 23.2, then the Time for Completion shall be extended in accordance with GCC Clause 22.1, and any and all additional costs or expenses incurred by the Contractor as a result of such suspension or reduction shall be paid by the Purchaser to the Contractor in addition to the Contract Price, except in the case of suspension order or reduction in the rate of progress by reason of the Contractor’s default or breach of the Contract , by the Contractor.

23.4 During the period of suspension, the Contractor shall not remove from the Site any Plant and

Equipment, any part of the Work or any Contractor’s Equipment, without the prior written consent of the Purchaser.

24. USE OF ROADS 24.1 The Contractor may be allowed to use private roads, if any built by the Purchaser in connection

with the construction work. The Purchaser may also help the Contractor in obtaining permission for using canal or other service roads for transport of Contractor’s men and materials wherever necessary and possible under the rules.

25. WASTAGE OF MATERIALS 25.1 On completion of work, the Contractor will return balance items over and above actually used

on the work. Wastage shall also be returned either in damaged condition or otherwise. However should the necessity arise to deliver the items in excess of the permissible wastage, as may otherwise be specified in the Contract, the cost thereof shall be recoverable from Contractor’s bills at rates as specified in the Contract.

26. SURPLUS MATERIALS 26.1 On completion of the works, all materials left surplus from those supplied by the Contractor

under the Contract and those supplied by the Purchaser for erection will be handed over to the Purchaser at the Purchaser’s stores.

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27. SAFETY OF STAFF AND LABOURERS 27.1 The Contractor shall provide and make all necessary arrangements for safety of staff and

labourers at site of work. The Purchaser will not, in any way be responsible for any accident minor, major or fatal, to any person at the site of works or for any damages arising there from during erection, which shall be the Contractor’s sole responsibility. The staff insurance charges shall also be borne by the Contractor.

28. PROGRESS REPORT 28.1 Fortnightly reports showing the actual progress made in the receipt of materials by the

Contractor and in completion of various works shall be regularly submitted in duplicate by the Contractor to the Engineer In Charge and Engineer of the Contract.

29. DEVIATIONS FROM SPECIFICATION

All departures from the Contract Specification shall be subject to the approval of the Engineer/Engineer- in-Charge.

30. RESPONSIBILITY OF THE CONTRACTOR 30.1 The Contractor shall guarantee and be entirely responsible for the execution of Contract in

accordance with the specification, schedules and appendices. He shall further guarantee and be responsible for the quality and workmanship of all materials and completed works, correct delivery of materials within the guaranteed completion and warranty period. He shall also guarantee and be responsible for the correct designs and drawings and their accuracy, conformity of all works to the approved designs and drawings their erection, within the guaranteed completion and performance within the warranty period.

30.2 The Purchaser shall have the right to require the Contractor to make any such change in the

designs which may be necessary in the opinion of the Engineer-In- Charge to make the Plant and Works as the case may be, conform to the provisions and contents of the specification, without any extra cost to the Purchaser. Approval by the Engineer-In- Charge or by the representative of the Purchaser, to the Contractor’s or Subcontractor’s drawings, designs, materials or of other parts of the works involved in the Contract, or of test carried out either by the Contractor or by the Subcontractor shall not relieve the Contractor of any requirements/obligations of the specification or of the responsibility/obligation for the correctness of the Contractor’s design and drawings. Any manufacture or the work performed prior to the approval of drawings and tests will be at the risk and cost of the Contractor.

30.3 The Contractor shall guarantee and be responsible for handling and storage of all the

materials, as erected works up to their taking over by the Purchaser. 31. TRAINING OF PURCHASER’S STAFF 31.1 The Purchaser reserves the right to depute its own staff, comprising of Engineers/or

Subordinates, in the Contractor’s / Subcontractor’s works and with Contractor’s personnel for the purpose of gaining experience and Contractor shall extend all reasonable facilities for this purpose. The Contractor shall not however, be required to incur any expenditure on this account, unless specifically otherwise provided in the Contract.

32. INSPECTION AND TESTING 32.1 The Engineer-in-Charge and his duly authorized representatives shall have, at all reasonable

times access to the Contractor’s premises, and shall have the power, at all reasonable time, to inspect and examine the materials and workmanship of the plant during its manufacture shop assembly and tests and if part of the plants is being manufactured on other premises, the Contractor shall obtain for the Engineer in charge and his duly authorized representative, permission to inspect it as if the plant was manufactured on the Contractor’s own premises.

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32.2 The Engineer-in-Charge shall, on giving seven days notice in writing to the Contractor setting out any grounds of objections which he may have in respect of the work, be at liberty to reject all or any part of workmanship connected with such work which in his opinion, are not in accordance with the Contract or / are, in his opinion, defective for any reason, whatsoever provided that, if such notice be not sent to the Contractor within a reasonable time after the grounds upon which such notice is based have come to the knowledge of the Engineer-in-Charge, he shall not be entitled to reject the said plant or workmanship on such grounds unless specifically provided otherwise all tests shall be made at the Contractor’s works before shipment.

32.3 The Contractor shall, if required, give the Engineer-in-Charge, notice of any Plant, being ready for testing, and the Engineer- in- charge or his representative, if so desired, shall, on giving twenty four hours previous notice in writing to the Contractor, attend at the Contractor’s premises within fifteen days of the date on which the plant is notified as being ready failing which, visit or alternatively if the Purchaser, at its own discretion waives of the inspection and testing the Contractor may proceed with the tests which shall be deemed to have been made in the Engineer- in- Charge’s presence, and he shall forthwith forward to the Engineer -in- Charge duly certified copies of the test results and certificates in six copies for approval of the Purchaser . The Plant shall be despatched only after the test certificates have been approved by the Purchaser in writing.

32.4 In all cases where the Contract provides for tests, whether at the premises of the Contractor or

of any Subcontractor except where otherwise specified, shall provide free of charges such labour, materials, electricity, fuel, water, stores, apparatus and instruments, as may reasonably be demanded to carry out efficiently such tests of the plant in accordance with the Contract, and shall give facilities to the Engineer -in- Charge or to his authorised representative to accomplish such testing.

32.5 If special tests other than those specified in the Contract, are required, they shall be paid for by the Purchaser as ’Variation’ under Clause 13.1 to 13.5. If inspection is got done through an independent authority at the option of the Purchaser, the inspection fee, if any, shall be paid by the Purchaser.

32.6 When the tests have been satisfactorily completed at the Contractor’s works, the Engineer-in-Charge or his authorized representative shall issue a certificate to this effect. The Engineer-in-Charge or his authorised representative will jointly seal the material inspected in testimony of inspection being carried out by him.

32.7 Neither the waival of inspection nor acceptance after inspection by the Purchaser shall, in any way, relieve the Contractor of the responsibility of supplying the plant and equipment strictly in accordance with the specifications, drawing etc.

32.8 Immediately after the acceptance of the bid of the Contractor, the Contractor shall send four copies of mill or ship orders for materials purchased for use in manufacture which will be required to be inspected at points other than the Contractor’s work before shipment. All such orders shall quote the requirements of specifications for the materials to be furnished and shall mention where the materials are to be manufactured.

32.9 In all cases where the Contract provide for tests on the site, the Purchaser, except where otherwise specified, shall provide, free of charges, such labour, materials, electricity, fuel, water, stores, apparatus and instruments as may be required from time to time, as may reasonably be demanded to carry out such test of the plant or workmanship in accordance with the Contract. In the case of the Contractor requiring electricity for tests on site, such electricity shall be supplied to the Contractor in the most convenient form available.

33 DELIVERY OF PLANT 33.1 No plant shall be dispatched until dispatch instruction have been given to the Contractor by the

Engineer -in -Charge or his duly authorized representative. 33.2 The Contractor shall deliver the plant/material in accordance with the terms of the Contract at

the time/times at the place / places and in the manner specified in the Contract. The Contactor shall comply with the instructions that may be given by the Purchaser from time to time regarding the safe transit of the plant / material.

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33.3 Notification of delivery or dispatch in regard to each and every consignment shall be made to the Purchaser immediately after dispatch or delivery. The supplier shall further supply to the Consignee, in triplicate, a priced invoice and packing list of all stores delivered or dispatched by him.

33.4 In case of any damage or loss occurred in transit up to destination, it shall be the liability of the

Contractor to initiate or pursue the claim with Insurance Company. He should also take immediate steps to repair the damaged apparatus or replacement thereto. Any extension of time limit required in such contingency will be considered by the Purchaser on merits.

34 WORK ON SITE 34.1 Suitable access to and possession of the site for the purpose of erection shall be offered to the

Contractor in reasonable time. The erection shall be carried out at such time as the Purchaser may approve so as not to interfere unnecessarily with the conduct of the Purchaser’s business, but the Purchaser shall give the Contractor all reasonable facilities for carrying out the work.

34.2 No person other than the Contractor, sub-Contractor and workmen and the Contractor’s’ duly

authorized agents shall, except with the special permission in writing of the Engineer-in-Charge or his representative, be allowed to do any work on the site in connection with installation work, but access to the work, shall at all times be accorded to the Engineer -in-Charge and his representatives and other authorized officials of the Purchaser.

34.3 The Purchaser shall ensure readiness of the associated Civil works including foundations

matching with the requirements of site as per the Inspection Schedule approved by the Engineer-in-Charge.

35. ENGINEER’S SUPERVISION 35.1 All the work shall be carried out under the direction and to the reasonable satisfaction of the

Engineer-in-Charge. The Contractor shall be responsible for the corrections of the positions, levels, and dimensions of the works according to the drawings, not withstanding that he may have been assisted by the Engineer-in-Charge in setting out the same.

36. ENGINEER-IN-CHARGE'S DECISION 36.1 In respect of all matters which are left to the decision of the Engineer-in-Charge including the

granting or withholding of certificates, the Engineer -in-Charge shall, if required, give in writing a decision thereon and his reasons for such decisions. Such decision shall be final and binding on the Contractor.

37. CONTRACTOR’S REPRESENTATIVE AND WORKMEN 37.1 The Contractor shall employ at least one competent representative, whose name or names

shall have previously been communicated in writing to the Engineer-in-Charge by the Contractor, to superintend the erection and carrying out of the works. The said representative, or if more than one be employed, then one of the representatives shall be present on the site during working hours, and any written orders, or instructions which the Engineer-in-Charge or his duly authorized representative, whose name shall have been previously communicated in writing to the Contractor, may give to the said representative of the Contractor, shall be deemed to have been given to the Contractor.

37.2 The Engineer-in-Charge shall be at liberty to object to any representative or person employed

by the Contractor in the execution of or otherwise about the works who, in his opinion, misconduct himself or be incompetent or negligent, and the Contractor shall remove the person so objected to upon receipt from the Engineer-in-Charge of notice in writing requiring him to do so and shall provide in his place competent representative at the Contactor’s expense.

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38. LIABILITY FOR ACCIDENT AND DAMAGES 38.1 The Contractor shall be responsible for loss, damage or depreciation of goods or plant /

equipment upto delivery at site to the authorised consignee of the Purchaser. 38.2 The Contactor shall be responsible for loss, damage or depreciation of the plant until the same

is taken over as per clause 50.1 to 50.4 of these General Conditions or is deemed under that clause to have been taken over provided always that the Contractor shall not be responsible for any such loss, damage and depreciation occurring during such period that the plant is operated by the Purchaser’s staff prior to being taken over in accordance with clause 50.1 to 50.4.

38.3 Until the plant is taken over or is deemed to have been taken over as aforesaid, the Contractor

shall also be liable for and shall indemnify the Purchaser in respect of all injury to person or damage to property resulting from the negligence of the Contractor or from defective design or work, but not from other causes.

38.4 Provided the Contactor shall not be liable for any loss of profit or any loss out of Contract or any

other claim made against the Purchaser not already provided for in the Contract, nor for any injury or damage caused by or arising from the acts of the Purchaser or of any other person or due to circumstances over which the Contactor has no control, nor shall his total liability for loss, damage or injury under this clause exceed the total value of the Contract.

38.5 The Contractor will indemnify and save harmless the Purchaser against all actions, suits,

claims, demands, costs or expenses caused in connection with injuries (other than such as may be attributable to the Purchaser or his employees) suffered prior to the date when the Plant shall have been taken over under clause 50.1 to 50.4 hereof by persons employed by the Contractor or his Subcontractor on the work, whether at common law or under the workmen’s Compensation Act, 1923 or any other statute in force at the date or Contract relating to the question of the liability of employers for injuries suffered by employees, and will, if called upon to do so, take out the necessary policy or policies of insurance to cover such indemnity.

38.6 In the event of any claim being made, or action brought against the Purchaser involving the

Contractor and arising out of the matters referred to and in respect of which the Contractor is liable under this clause, the Contractor shall be immediately notified thereof and he shall with the assistance, if he so requires, of the Purchaser, but at the sole expense of the Contractor, conduct all negotiations for the settlement of the same or any litigation that may arise there from. In such case, the Purchaser shall at the request and expense of the Contractor afford all reasonable and available assistance for any such purpose.

39 INSURANCE 39.1 The Contractor shall insure the plant and equipment to be supplied by him and shall keep it

insured against loss by theft, destruction or damage by fire, flood, earthquake and under exposure to the weather, or through riots, civil commotion, war or rebellion or any other kind of loss or damage during transit for the full value of the plant from the time of dispatch and upto the time of its erection and successful testing and commissioning and upto its warranty period as per clause No. 51.1 to 51.4 of GCC .

39.2 The Contractor shall also ensure the insurance of all the plants & equipments or the materials

to be arranged separately by the Purchaser (as per detail list provided by the Purchaser) and handed over to the Contractor for erection, including the estimated cost of erection etc. as per the terms of the Contract, until the works and the surplus materials are taken over by the Purchaser under Clause 50.1 to 50.4 of the General Conditions of Contract.

40 REPLACEMENT OF DEFECTIVE WORK OR MATERIAL

40.1 If during the progress of the work, the Engineer-in-Charge shall decide and notify, in writing, to the Contractor that the Contractor has executed any unsound or imperfect work or has supplied any plant material etc, as may be covered under the scope of the work, inferior in

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quality to that specified, the Contactor, on receiving details of such defects or deficiency, shall at his own expense, within such time as may be reasonably necessary for making it good, proceed to alter, reconstruct or remove such work, or supply fresh materials up to the standard of the specification and in case the Contractor shall fail to do so, the Purchaser may, on giving the Contractor seven day’s notice in writing of his intention so to do, proceed to remove the work complained of, and at the cost of the Contractor, perform all such work or supply all such material, provided that nothing in this clause shall be deemed to deprive the Purchaser of or affect any right under the Contract, which he may otherwise have in respect of such defects or deficiencies.

41 TERMS OF PAYMENT 41.1 Subject to any deduction which the Purchaser may be authorized to make under the Contract,

and/or any additions or deductions provided for under clause 13.1 to 13.5 of these General Conditions, the Contractor shall be entitled to payment as follows:

41.1.1 FOR SUPPLY OF PLANT/EQUIPMENT ETC.:

A. FOR SUPPLIES i) 90% of the Contract Price of the material supplied along with 100% taxes and

duties subject to documentary evidence against presentation of the following documents to the Consignee :-

a) Evidence of despatch (GR/LR etc.) b) Contractor’s detailed invoice.

c) Detailed packing list d) Test certificate (s). e) Inspection Report / Despatch Instructions e) Copy of Insurance Intimation / Cover

The payment shall be released within 30 days from the date of receipt of Contractors invoice with requisite documents. ii) 10% of the Contract Price and Price Variation Claims, if any, shall be paid upon

taking over of the equipment after successful erection and Commissioning. B. ERECTION & COMMISSIONING 90% of the erection cost will be paid on monthly completion of erection work at prorata basis / unit rate basis as may be applicable subject to the verification of the bill by the Engineer -in- Charge. Balance 10% of the cost of the erection done will be paid on the successful completion and commissioning and testing of the work under the Contract.

41.2 All Payments will be made in Indian Rupees, unless otherwise specified in the Contract.

41.3 In the event of the Supplier/Contractor not being able to supply the materials or to carry out

works in accordance with the terms of the Contract, the Purchaser shall have the right to recover any sums advance, from the Contractor and from his assets.

42. DEDUCTIONS FROM CONTRACT PRICES 42.1 All costs, claims damages or expenses which the Purchaser may have paid for which under the

Contract the Contractor is liable, may be deducted by the Purchaser from the proceeds of the Performance Guarantee or from any money due or which may become due to the Contractor under the Contract.

42.2 Any sum of money due and payable to the Contractor (including Performance Guarantee

returnable to him) under this Contract may be appropriated by the Purchaser and set off against any claim of the Purchaser out of or under any Contract made by the Contractor with the Purchaser.

42.3 It is an agreed terms of the Contract that the sum of money so withheld if retained under this clause by the Purchaser shall be kept, withheld or retained as such by the Purchaser till the claims arising out of in the same Contract are either mutually settled or determined by the

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arbitrator, and the Contractor shall have no claim for interest or damage whatsoever on this account or any other ground in respect of any sum of money withheld or retained under this clause and duly notified as such to the Contractor.

43 FINAL BILL 43.1 The final bill relating to the Contract shall be prepared only when the plant has/have been

installed and tested for final acceptance under clause 48.1 to 48.3 and it will include the adjustment of all claims against the Contractor as well as all claims admitted in favour of the Contractor by the Engineer-in-Charge and awarded in his favour by the arbitrator up to the date of preparation of the final bill.

44. PAYMENT UPON TERMINATION 44.1 If the Contract is terminated because of a fundamental breach of Contract by the Contractor,

the Engineer-in-Charge shall issue a certificate for the value of the work done less advance payments received upto the date of the issue of the Certificate, less other recoveries due in terms of the Contract, less taxes due to be deducted at source as per applicable law. If the total amount due to the Purchaser exceeds any payment due to the Contractor, the difference shall be a "debt" payable to the Purchaser.

44.2 If the Contract is terminated at the Purchaser’s convenience or because of a fundamental

breach of Contract by the Purchaser, the Engineer-in-Charge shall issue a certificate for the value of the work done, the reasonable cost of removal of Equipment, repatriation of the Contractor's personnel employed solely on the works less advance payments received up to the date of the Certificate, less other recoveries due in terms of the Contract and less taxes due to be deducted at source as per applicable law .

45. PERMITS AND VISAS

The Corporation shall, on application from the Contractor, assist for the issuance of the necessary permits and visas for the Contractor’s foreign personnel, if any. The Corporation shall not, however, be responsible for any delay on this account.

46. REGULATIONS OF LOCAL AUTHORITIES 46.1 The Purchaser shall during the currency of this Contract and in respect of all matters arising out

of performance thereof, assist the Contractor in the service of all notices and the obtaining of all consents, approval and permission required in accordance with the regulations and by laws of any local or other authority, if so necessary and applicable to the works, and also in the obtaining of right of way and like facilities from private parties. The Purchaser shall not however, be responsible for any delay on this account and the Contractor shall not be absolved of any of his Contractual obligation whatsoever in this regard.

47. DUE DATE OF PAYMENTS 47.1 Payment for erection and commissioning shall be due and payable by the Purchaser in

accordance with the provision of Clause 41.1 to 41.3 of these General Conditions at the end of the Month following that in which value / quantity of work done is measured and accepted by the Engineer-in-Charge and the amount due is work out.

48. TESTS ON COMPLETION 48.1 Whenever possible, all tests shall be carried out before shipment. Should however, it be

necessary for the final tests as to performance and guarantees to be held over until the plant is erected at site, they shall be carried out in the presence of the Contractor’s representative within reasonable time of the Completion of erection.

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48.2 The final tests, as to performance and guarantees, as specified in the Contract shall be carried out by and in the presence of Contractor’s representative within a reasonable time of the completion of erection.

48.3 If the results of these tests shall not come within the margin specified, the tests shall, if required

to be repeated after the Plant / Work is ready for re-test, and the Contractor shall repay to the Purchaser all reasonable expenses to which he may be put by such tests.

49. REJECTION OF DEFECTIVE PLANTS/WORKS 49.1 If the completed Plant / Works or any portion thereof, before it is taken over, be found to be

defective, or being failed to fulfill the requirement of the Contract, the Engineer -in-Charge shall give the Contractor notice setting forth particulars of such defects or failure, and the Contractor shall forthwith make the defect good, or alter the same to make it comply with the requirements of the Contract. If the Contractor fails to do so within reasonable time, the Purchaser may reject and replace at the cost of the Contractor, the whole any portion of the Plant / Works as the case may be which is defective or fails to fulfill the requirements of the Contract. Such replacement/ rectification shall be carried out by the Purchaser within the requirements of the Contract within a reasonable time and at the reasonable price and where reasonably possible, to the same specification and under competitive/conditions. In case of such replacement/rectification delivered and or erected as provided for in the original Contract, such extra cost being the ascertained difference between the price paid by the Purchaser under the provisions above mentioned, for such replacement/rectification and the Contract price for the plant/works so replaced/ rectified and also to repay any sum paid by the Purchaser to the Contractor in respect of such defective Plant / Works.

49.2 In the event of such rejection, the Purchaser shall be entitled to the use of the Plant / Work in a reasonable and proper manner till a time reasonably sufficient to enable him to obtain other replacement plant/carry out the rectification of the Work. During the period the rejected Plant / Work is used commercially, the Contractor shall be entitled to a reasonable sum of payment for such use. Provided that the decision of the Engineer-in-Charge in regard to quantum of such payment shall be final and binding on the Contractor.

50. TAKING OVER 50.1 Where the specification calls for performance tests before shipment and these have been

successfully carried out, the Plant / Work shall be accepted and taken over when it has been satisfactorily put into operation on site or within one month of being ready to be put into operation whichever shall be the earlier and the Engineer-in-Charge shall forthwith issue a Taking Over Certificate.

50.2 When the Contract clause calls for tests on site, the Plant / Work shall be taken over and the

Taking Over Certificate issued immediately after such tests have been satisfactorily carried out.

50.3 If, for any reason other than the default of the Contractor, such last mentioned test on site shall not be carried out within one month notice by the Contractor to the Purchaser, of the Plant / Work being ready for test, the Plant / Work shall be deemed to have been taken over as on the last day of such period and payment due to the Contractor on taking over shall be made but nevertheless the Contractor shall, if called upon to do so by the Purchaser, but at the Purchaser’s expense, make the said tests during the warranty period and accept as aforesaid under the same obligation as specified in clause 48.1 to 48.3.

50.4 The Engineer-in-Charge shall not delay the issue of any Taking Over Certificate contemplated

by this clause on account of minor deficiencies of material or defects in the Plant / Work which do not materially affect the commercial use thereof, provided that the Contractor shall undertake to make good the same in the due course at his own expense.

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51. WARRANTY

51.1 For a period of 12 (Twelve) calendar months commencing upon the setting to work of Plant or 18 months from the date of despatch of equipment (last consignment in case of despatch in parts) to the Purchaser whichever is earlier (called the “WARRANTY PERIOD”), the Contractor shall remain liable to replace any defective parts that may develop in Plant of his own manufacturer or those of his Sub-Contractor under the conditions provided in the Contract under proper use, and arising solely out of faulty design, materials or workmanship, unsound or imperfect work by the Contractor provided always that such defective parts as are not repairable at site and are not essential in the meantime to the maintenance in commercial use of the plant are promptly returned to the Contractor’s works at the expense of the Contractor unless otherwise arranged.

51.2 If it becomes necessary for the Contractor to replace or renew any defective parts of the Plant

under this clause, the provisions of the first para of this clause shall apply to the parts of the Plant so replaced or renewed until the expiration of six months from the date of such replacements or renewal or until the end of the above mentioned period of twelve months, whichever may be later.

51.3 If any defect is not remedied within a reasonable time, the Purchaser may proceed to do the

work at Contractor’s risk and expense, but without prejudice to other right, which the Purchaser may have against the Contractor in respect of such defects.

51.4 At the end of warranty period, the Contractor’s liability shall cease. In respect of goods not

covered by the first paragraph of this clause, the Purchaser shall be entitled to the benefit of such guarantee given to the Contractor by the original manufacturer of such goods.

52. FORCE MAJEURE

52.1 In the event of either party being rendered unable by force majeure to perform any obligation

required to be performed by them under this Contract, the relative obligation of the party affected by such force majeure shall be treated as suspended for the period during which such force majeure lasts.

52.2 For the purpose of this Contract, force majeure shall include, without limitation, wars,

insurrections, civil disobediences, riots, earthquakes, storms, floods, acts of God which is of such nature as to delay, curtail or prevent timely action by either party.

52.3 Upon the occurrence of such cause and upon its termination, the party alleging that it has been

rendered unable, as aforesaid, thereby shall notify the other party in writing by registered notice within 72 (seventy two) hours of the alleged beginning and ending thereof. The Notice shall be followed by a certificate from local Chamber of Commerce or the Statutory Authority as a satisfactory evidence in support of the claim within 15 days of occurrence and cessation of such Force Majeure conditions.

52.4 Time for performance of the relative obligation suspended by the force majeure shall stand

extended by the period for which such causes lasts.

52.5 If works are suspended by the force majeure conditions lasting for more than two months, the Purchaser shall have the option to cancel, rescind this Contract in whole or part thereof, at its discretion.

53. SETTLEMENT OF DISPUTES 53.1 A notice of the existence of any dispute or difference in connection with this Contract, shall be

served by either party within 30 days from the date of existence of such dispute or difference or after the attempt by the parties to the Contract for amicable settlement as per clause 53.2 has failed, whichever is later, failing which all rights and claims under this Contract shall be deemed to have been forfeited and absolutely barred.

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53.2 No dispute or difference arising between the parties relating to or in connection with the

Contract shall be referred to arbitration unless an attempt has first been made to settler the same amicably.

53.3 Arbitration: Except as otherwise provided in Clause 36.1 herein before, all dispute or difference

in respect of which the decision has not been final and conclusive 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 hereunder:

53.3.1 On receipt of such notice, the Purchaser shall send to the Contractor a panel of three persons

and thereafter the Contractor within 15 days of receipt of such panel, communicate to the Purchaser the name of one of the persons from such panel and such a person shall then be appointed as sole Arbitrator by the Engineer-in-Charge of the Corporation.

53.3.2 Provided that if the Contractor fails to communicate the selection of a name out of the panel so

forwarded to him by the Purchaser then after the expiry of the aforesaid stipulated period, the Engineer -in-Charge shall without delay select one person from the aforesaid panel and appoint him as the Sole Arbitrator.

53.3.3 The Arbitrator to whom the matter is originally referred being transferred or vacating his office

or being unable to act for any reason, then the Purchaser shall appoint another person to act as Sole Arbitrator in the same manner as provided in clause 53.3.2 herein above. Such person shall be entitled to proceed with the reference from the stage at which it was left by the predecessor.

53.3.4 The award of the Arbitrator shall be final and binding on both parties to the Contract. The

Arbitrator's fees, as well as the cost of Arbitration proceedings shall be borne equally by either party.

53.3.5 Irrespective of the amount of claim, the Arbitrator shall give reasons for the award. 53.3.6 Arbitration and Conciliation Act 1996 or any statutory amendment or re-enactment thereof and

the rules made there under and for time being in force shall apply to the arbitration proceedings under this clause.

53.3.7 The venue of the arbitration proceedings shall be in Bhopal or any other suitable and

convenient place in India as may be decided by the Learned Arbitrator. 53.3.8 The Language of arbitration proceedings and off all documents and communications between

the parties shall be English. 53.4 Notwithstanding any reference to the Arbitration herein,

a) the parties shall continue to perform their respective obligations under the Contract unless they otherwise agree to the contrary .

b) The Purchaser shall pay Contractor any moneys due to the Contractor.

54. COURT OF COMPETENT JURIDICTION

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.

55. CONSTRUCTION OF CONTRACT

The Contract shall in all respect be construed and operated, as a Contract as defined in the Indian Contracts Act, 1872.

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56. BREACH OF CONTRACT

In case non-performance in any form or shape of the covenants and conditions in this Contract by the Contractor the Corporation shall have power to annul, rescind, cancel or terminate the Contract and upon its notifying in writing to the Contractor that it has so done this Contract shall absolutely determine. The decision of the Purchaser in this regard shall be final and binding.

57. MARGINAL NOTES AND CAPTIONS

The various headings, marginal notes provided in the Contract against various clauses are only for the facility of reference and shall not be taken into account in the construction of any such clause or the Contract.

58. ADDRESS OF THE CONTRACTOR AND NOTICES AND COMMU NICATION ON BEHALF

OF THE PURCHASER 58.1 For all purposes of the Contract, including arbitration there under, the address of the Contractor

mentioned in the Bid shall be the address to which all communications addressed to the Contractor shall be sent, unless the Contractor has notified a change by a separate letter containing no other communications and sent by registered post acknowledgment to the Purchaser / Engineer-in-Charge. The Contractor shall be solely responsible for the consequence of an omission committed on his part to notify a change of address in the manner aforesaid.

58.2 Any communication or notice on behalf of the Purchaser in relation to the Contract may be

issued to the Contractor by the Engineer-in-Charge and all such communications and notice may be served upon the Contractor either by registered post or under certificate of posting, or by ordinary post or by hand delivery or by Fax at the option of such officer.

59. CONTRACT DOCUMENT AND MATTERS TO BE TREATED AS CONFIDENTIAL

59.1 All documents, correspondence, decisions and other matters concerning the Contract shall be

considered as confidential and of restricted nature by the Contractor and he shall not divulge or allow access thereto to unauthorized person of any kind.

--------------------END--------------------

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SECTION – 4

SPECIAL CONDITIONS OF CONTRACT

1. PRICES: The prices shall be firm and fixed till completion of supplies and shall not be subject to any change on any account. Supplier should clearly mention in ‘Schedule-A’ all applicable taxes & duties, packing & forwarding, freight charges, entry tax, Octroi etc. (including Purchaser’s liability, if any),for F.O.R. delivery of the items at NHDC R&R Office, Khandwa (M.P.) for complete scope of work. If bidder has mentioned taxes, duties and charges anywhere else in the tender except in the ‘Schedule-A’, the same shall not be considered for evaluation of price bid.

If there is no mention of all these or any other charge to be payable extra on the quoted price in the ‘Schedule-A’ then it would be presumed that the quoted rates are inclusive of all the above charges, duties & taxes, for the complete scope of work and no correspondence shall be entertained in this regard. Form ‘C’ shall not be issued by the Corporation, if applicable.

2. TAXES & DUTIES:

2.1. Prices shall be firm and F.O.R Nagchun Parks, Khandwa, M.P. including cost of the items, charges for packing, handling, and forwarding and all applicable taxes & duties.

2.2. Taxes, duties and levies etc. applicable as on 28 (Twenty Eight) days prior to the deadline for submission of Bids shall be mentioned in Price Bid.

2.3. All taxes & duties mentioned in the price bid shall be paid / reimbursed on actual basis against proper invoice. No other taxes and duties shall be payable / reimbursable by NHDC.

2.4. Statutory variation, in Taxes and Duties or levy of any new Tax after 28 (Twenty Eight) days prior to submission of price bid will be adjusted/reimbursed against production of documentary evidence.

2.5. In case the delivery of items gets delayed due to reason attributable to the supplier, no additional liability on account of any increase in tax & duties during the delayed period shall be payable to the supplier. However, in case rate of tax & duties decreases during the extended delivery period, the benefit in this regard shall accrue to NHDC Ltd.

2.6. C- Form will not be issued by NHDC. 2.7. Entry tax shall be borne by NHDC Ltd., if applicable. 2.8. Service tax will be applicable on service charges i.e. Installation, Testing &

Commissioning.

3. VALIDITY OF OFFER: The offer shall have to remain valid for 120 days from the date of opening of tender. A bid valid for a shorter period may be rejected by the Corporation as being non responsive. 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 tender. The provision regarding discharge and forfeiture of EMD shall continue to apply during the extended period of tender validity.

4. COMPLETION TIME: The delivery of the item(s) shall have to be completed within 02 months from the date of issue of Supply Order.

5. DELAY IN SUPPLY:- If the supplier fails to complete the supply or any part thereof, within the prescribed time of supply or any extension thereof, the supplier shall pay to the purchaser, the penalty equal to amount computed @ ½ (half) percent per week plus Service Tax or part thereof of the whole supply order value.

If the firm supply the material within the supply period but fails to complete the Installation at site i.e. Nagchun Parks, Khandwa as per the stipulated completion period, firm shall be liable to pay as penalty charges a sum of Rs.0.035% per day of contract price for per day of delay.

The aggregate amount of such penalty shall in no case exceed 10% (Ten) percent of the order value.

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6. QUANTITY VARIATION: The quantity (ies) mentioned in the Schedule of Quantity (ies) and Prices (Schedule-'A') is tentative and the supplier shall be bound to supply the items as per the issuance of requirement by the Engineer-In-Charge, irrespective of quantity mentioned in Schedule-'A'. The quoted rates shall hold good for variation in quantity to any extent.

7. PLACE OF DELIVERY: NHDC R&R Office, Khandwa (M.P.).

8. GUARANTEE/ WARRANTY:

PV modules used in Solar Power Plant must be warranted for their output peak watt capacity which should not be less than 90% at the end of 10 years and 80% at the end of 25 years. The mechanical structures, electrical works including power conditioners / Inverters / Charge Controllers / MPPT units / distribution boards / digital meters / switchgears etc. and overall workmanship of the SPV Power Plants / Systems must be warranted against any manufacturing / design/ installation defects for a minimum period of 18 months from the date of delivery at site or 12 months from the date of installation, whichever is earlier.

In the event of occurrence of any fault in performance/defect material due to inadequate design/workmanship or improper fitment during guarantee period, the same shall be replace/make good by the contractor, free of cost, including the cost of transportation and packing.

In case manufacturer’s guarantee stands for longer duration, longer guarantee/warranty period shall be applicable. The guarantee/warranty certificate shall be submitted along with the dispatch of equipment before release of payment.

In case of any defects observed (in the supplied items) during the guarantee/ warranty period, the item shall be replaced free of cost within 15 days of intimation of the defect. After 15 Days it will be got repaired/rectified or replaced by the Corporation at the risk & cost of the supplier. After replacement guarantee/ warranty shall automatically be extended upto 6 months or up to guarantee/ warranty period, whichever is later.

9. PAYMENT TERMS: 9.1. 80% payment of supply portion including 100% taxes & duties of supply portion shall be made

within 30 days after successful supply duly verified by engineer –in-charge of the work and on submission of following documents:-

a) Evidence of despatch (GR/LR etc.) b) Original invoice. c) Test certificate (s). d) Copy of Insurance Intimation e) Inspection report at manufacturer’s / supplier’s premises

9.2. 100% payment of installation portion along with balance 20% payment of supply portion shall be made after successful completion of installation, testing & commissioning as per scope of works and satisfaction of engineer-in-charge.

9.3. All Payments will be made in Indian Rupees, unless otherwise specified in the Contract. The payment shall be made through ECS/ RTGS/ NEFT/ NET BANKING after submission of all the above documents. The bank charges shall be borne by the supplier. The bidder shall submit their bank details in format as per Annexure-VIII .

9.4. In the event of the Supplier/Contractor not being able to supply the materials or to carry out works in accordance with the terms of the Contract, the Purchaser shall have the right to recover any sums advance, from the Contractor and from his assets.

10. PERFORMANCE GUARANTEE:

The contractor shall submit the performance bank guarantee in the form of Bank Guarantee from an Indian Nationalized Bank or State Bank of India or any schedule bank of India on the Form enclosed as Annexure-XI of this section for an amount equal to Ten (10) percent of the supply order value, within 28 days from the date of issue of order. The Performance bank guarantee shall be released after the expiry of warranty period. No interest shall be paid on Performance bank guarantee.

Bidder may also furnish the performance guarantee in any of the following forms in case performance bank guarantee fall below Rs. 50,000/-

1.1 Pay order or demand draft, drawn in favour of NHDC Ltd., payable at Khandwa.

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1.2 Fixed Deposit Receipt, issued by a Nationalized Bank, duly endorsed in favour of NHDC

Ltd.

Note: In case of non-submission of Performance Bank Guarantee (PBG), 10% of the Order value shall be withheld from the payment mentioned in 8.1 of Payment term. The PBG format is enclosed at Annexure-XI for reference please.

10. INSPECTION: The Post-dispatch inspection shall be made by an authorized representative of

Engineer-In-Charge at NHDC R&R Office, Khandwa / Nagchun Park, Khandwa, prior to the installation of the items. The materials shall be installed only after satisfactory inspection by the authorized representative. However, the supplier is not absolved of his contractual responsibility of supplying correct and complete material. Call for inspection shall have to be given in advance (at least 07 days) with confirmation over fax/ telephone, so as not to affect the completion period.

11. ENGINEER-IN-CHARGE: Manager (Civil), NHDC R&R, Khandwa (MP) shall be the Engineer-In-Charge of the Contract.

12. CONSIGNEE: Manager (Civil), NHDC R&R, Khandwa (MP)

13. PAYING AUTHORITY: Manager (Finance), NHDC R&R, Khandwa (MP)

14. GENERAL INSTRUCTION: The supply shall be done within the stipulated period as per the supply order. The material supplied should be of the same specification and quality as approved in the supply order, failing which the items will not be accepted and returned to the supplier at his own risk and cost. Rejected items shall be treated as not supplied. The supplier has to replace rejected items at his own cost within 16 days from date of intimation in this regard.

15. 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 TENDER FORMS & SCHEDULE :

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 anything of value to influence the action of a public official in the tendering process or in contract execution; and

(ii) “Fraudulent practice’ means a misrepresentation of facts in order to influence a tendering process or the execution of a contract to the detriment of the Corporation, 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 Corporation 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 Corporation, 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 Corporation 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 Corporation 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.

16. 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 question of loyalty of the agency to NHDC so warrants;

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

iii. If business dealing with Agency is banned by the Department of power, Government of India;

iv. If the Agency is resorted to corrupt, fraudulent practises including mispresentation 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”

Manager (Contracts)

Signature & Seal of Bidder

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SECTION – 5 SCOPE OF WORK & TECHNICAL SPECIFICATIONS

(A) SCOPE OF WORK:

“Supply, Installation, Testing and Commissioning of 40 KW Grid connected Solar Power Plant at Nagchun Park, Khandwa” as per the quantity in the Schedule of Quantity (ies) and Prices, Schedule– ‘A’. The general scope of work includes supply, packing & forwarding, transportation up to project site, loading & unloading, storage in safe custody, erection, carrying out preliminary tests at site, commissioning, performance testing & handing over to the purchaser all the equipment installed. All works required for proper installation of Solar PV Power Plant including necessary civil works for mounting structures of solar module, shall be done by the contractor. The entire work shall be performed on turnkey basis. All the works related to the proper installation and functioning of the systems shall have to be carried out by the contractor in the prices offered by him. Though, it is presumed that a single unit of 40 KW capacity solar power plant shall be available, however, if the same is not standard as per MNRE then the plant consisting of maximum two units with aggregate capacity of 40 KW may also be acceptable (in such case bidder need to submit the supporting document proving that 40 KW capacity solar power plant is not standard product as per MNRE and supplied two units consists of standard capacity plants approved by MNRE). The Scope of work shall also include: 1) Contractor shall be required to submit bill of materials (BOM) before inspection for

approval of NHDC. Inspection shall be done as per approved BOM. 2) Supply & Installation of Generation System (PV Module, Inverter, Mounting Structure,

cabling and accessories etc) complete in all respect as per technical specifications and as per requirements of MNRE including packing and forwarding to the desired location.

3) Scope of the work also includes cable laying, Supply of other accessories, which are required to install and successfully commission the power plant shall be in scope.

4) Arrangement of proper earthing mechanism and lightening arresters as per relevant IS Code should be done by contractor at sites as per the requirements of the Solar Power plant.

5) The contractor shall supply/ install the necessary tools/instruments required for proper operation of the plants and to measure PV array Voltage, Current, Power and Solar radiation.

6) PV modules used in solar power plants/ systems must be warranted for their output peak watt capacity, which should not be less than 90% at the end of 10 years and 80% at the end of 25 years.

7) After completion of the proposed works, clearances of all temporary works/ materials shall be the sole responsibility of the contractor and this shall be removed immediate after the requirement of such temporary work is completed.

8) All other system, sub system, components required for successful commissioning of the plant, which have not specifically mentioned shall be in scope of contractor without any extra cost to NHDC.

9) Bidder should specifically mention regarding applicability of the subsidy, if any in Annexure-XIII at the time of bidding. In case subsidy is applicable at the time of bidding or within completion period as per notifications of Central & State Govt., then it shall be the responsibility of the contractor to get the subsidy sanctioned from concerned authorities as per norms / guidelines of concerned govt. / authorities in favour of NHDC Ltd. and NHDC Ltd. shall provide all possible documentary support.

10) Performance & commissioning tests: (i) Successful operation of plant at full load capacity. (ii) Testing of protection system of solar power plant.

11) All other equipments/items/materials/sub-systems which has not specifically been mentioned above, however, necessary for completion of plant shall presume to be in the scope of contractor with no extra cost to NHDC.

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12) Training:- The agency will arrange a training programme after complete installation and commissioning for the operating personels as well as maintenance staff to ensure smooth functioning of Solar Power Plant.

13) The work will be on Turnkey basis and the supplier will be responsible for all the arrangements, power connection with MPPKVVCL and associated approvals, correspondence, associated with net metering etc.

(B) TECHNICAL SPECIFICATONS :

Major components of Solar PV Power Plant • Solar PV modules and array • Module mounting structures for Solar PV Modules • Junction Boxes • Power Conditioning Unit • Cables and installation accessories • Earthing and lightning protection

(1) Solar PV modules and array –

The Solar Photo Voltaic (PV) system shall be designed with poly crystalline silicon modules. The peak power capacity of each module shall not be less than 250Wp and efficiency of each module shall not be less than 14%. The photovoltaic panels shall be positioned to take maximum advantage of available sunlight by incorporating some limited manual adjustments, which take into account the different 'elevations' of the sun at various times of the year. The PV modules must conform to the latest edition of any of the following IEC /equivalent BIS/ Equivalent IS Standards for PV module design qualification and type approval: a. Crystalline Silicon Terrestrial PV Modules : IEC 61215 / IS14286

Other general requirements/features of PV module: • The peak power rating of each module shall not be less than 250W. Rated output power of any

supplied module shall not have negative tolerance. • The peak-power point voltage and the peak-power point current of any supplied module and/or

any module string (series connected modules) shall not vary more than 3 (three) percent from the respective arithmetic mean for all modules and/or for all module strings, as the case may be.

• The SPV module should be hermetically sealed with impact resistant, low iron and high transmission toughened glass on top and suitable lamination material on the back using state-of-the-art technology.

• The module frame shall be made of a corrosion-resistant material that shall be electrolytically compatible with the structural material used for mounting the modules. Anodized aluminum channels may be used for framing the laminates.

• Modules specification should confirm MNRE guidelines under JNNSM The detailed specifications of PV module shall be as follows (a) PV Module Type-Poly Crystalline (b) Module make & model offered should be approved /tested from

MNRE/SECI/IEC/NABL/Solar energy center approved / accredited laboratory/ test centers.

• IDENTIFICATION AND TRACEABILITY Each PV module must use a RF identification tag (RFID), which must contain the following information: (i) Name of the manufacturer of PV Module (ii) Name of the Manufacturer of Solar cells (iii) Month and year of the manufacture (separately for solar cells and module) (iv) Country of origin (separately for solar cells and module) (v) I-V curve for the module (vi) Peak Wattage, Im, Vm and FF for the module (vii) Unique Serial No and Model No of the module (viii) Date and year of obtaining IEC PV module qualification certificate (ix) Name of the test lab issuing IEC certificate The RFID shall be mandatorily placed inside the module laminate.

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• Module Mounting Structure

a. Wherever required, suitable number of PV panel structures shall be provided. Structures shall be of flat-plate design either I or L or C sections or any MNRE approved structure.

b. The modules shall be mounted on support structures fabricated from drawn steel. The structure will be hot-dip galvanized to make them non-corrosive and long lasting. Galvanizing shall meet ASTM A-123 or equivalent which provide at least spraying thickness of 70 microns on steel as per IS 5905. Aluminum frame structures with adequate strength and in accordance with relevant BIS standards can also be used.

c. All fastener bolts shall be of Stainless steel –SS304. d. Structures shall be supplied complete with all members to be compatible for allowing

easy installation at the rooftop site. e. The structures shall be designed to allow easy replacement of any module. f. The structure shall have the provision to adjust its angle of inclination to the horizontal

as per the site condition and will be capable of withstanding a wind load of 180 Km/hr after grouting and installation. The front end of the SPV array must be atleast 1 feet above the roof / garage top. Grouting material for SPV structure shall be as per M15 (1:2:4) concrete specifications.

(2) Power Conditioning Unit (Inverter and Charge C ontroller)

Power Conditioning Unit (PCU) shall be for solar application. The PCU shall be of three phase type with rating not less than 35 KW. The Power Conditioner Unit / Central Inverter should be provided to convert DC Power produced by SPV modules, into AC Power. The Power conditioning unit / inverter should be grid interactive. Inverter output should be compatible with the grid frequency. In addition, the PCU shall also house MPPT (Maximum Power Point Tracker), an interface between Solar PV array & the Inverter, to maximize Solar PV array energy input into the System. The charge controller/MPPT units shall conform to IEC 60068-2(1,2,14,30)/equivalent BIS standard of environmental testing and IEC 61683/IS 61683 for efficiency measurements.

(3) Maximum Power Point Tracker (MPPT) Charge Cont roller Maximum power point tracker (electronic) shall be integrated into the PCU to maximize energy drawn from the Solar PV array. The MPPT shall be microprocessor / micro-controller based to minimize power losses. The efficiency of the MPPT shall be of high efficiency and shall be suitably designed to meet array capacity.

PCU Specifications for Solar application

Solar Charge Controller + Inverter Type MPPT based PWM charger with On-line Monitoring System Protection • Over voltage; both input & output

• Over current; both input & output • Over/ under grid frequency • Over temperature • Short circuit • Lightening • Manual intervention must be possible through an accessible

emergency switch-off button Display • Inverter ON

• Grid ON • Inverter Under / Over Voltage • Inverter Overload • Inverter over temperature • DC Input voltage • DC Current & AC Voltage (all 3 phases and line) • AC Current (all 3 phases and line) • Power factor

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• Instantaneous & cumulative array power

Cooling Forced air cooling with temperature sensitive fan operation

Ambient operation (max) 50 deg C Relative humidity 95% maximum

Load test at factory Minimum 6 hours at full load

Features • Bi-directional type inverter • High quality with high efficiency and reliability • Microprocessor based intelligent controller • Self On line monitoring capability. • Integral design with MPPT solar charge controller and inverter • Highly reliable & efficient solid-state switching devices • Rated for continuous operation at full load • Automatic re-start facility after over load triggered shutdown

Efficiency >90% at rated load and normal operating conditions

%THD(Total Harmonic Distortion)

Sine wave output with <5% THD at full load UPF and nominal input Voltage

Output voltage Three phase 415V +/- 5% AC

Output frequency 50Hz +/-0.5Hz

Enclosure IP 21 (For indoor application)

(4) Cables and accessories

All the cables shall be supplied conforming to IEC 60227/IS 694 and IEC 60502/IS 694 (Pt. I and II). PVC insulated cables with suitable working voltage up to and including 1100 V shall be used. The cables shall be UV resistant for outdoor application. The size of the cables between array interconnections, array to junction boxes, junction boxes to PCU etc shall be so selected to keep the voltage drop and losses to the minimum. Cables shall be of reputed make.

(5) Earthing and lightning protection

Proper earthing & protection against lightening surge / switching surge needs to be provided. (6) Junction Boxes

The junction boxes shall be dust, vermin and waterproof. The junction boxes shall have suitable cable entry points fitted with cable glands of appropriate sizes for both incoming and outgoing cables. Suitable markings shall be provided on the bus bar for easy identification and cable ferrules shall be fitted at the cable termination points for identification. The junction boxes shall have IP 54 (for outdoor)/IP 21 (for indoor) degree of protection. The junction boxes shall have suitable arrangement for the Following:

• Combine groups of modules into independent charging sub-arrays that shall be wired to the controller.

• Provide arrangement for disconnection for each of the groups. • Provide a test point for each sub-group for quick fault location. • To provide group array isolation. • The rating of the JB’s shall be suitable with adequate safety factor to inter connect the Solar PV

array

(7) Bill of Materials

A complete Bill of Materials inclusive of Solar PV Modules, array Junction box, main junction box, cables, PCU, Array mounting structures etc. shall be provided along with the offer. The numbers of each component proposed for supply shall be clearly specified. The items not listed in BOM but required for successful installation/commissioning of power plants shall also be added, as required at no extra cost to NHDC Ltd.

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(8) INSTALLATION AND COMMISSIONING

• The bidder is responsible for arranging all the accessories and measuring Instruments required to smoothly commission the power plants.

• The plant shall be commissioned in the presence of NHDC Ltd. personnel or its nominated representative.

(9) WARRANTY:

PV modules used in solar power plant must be warranted for their output peak watt capacity which should not be less than 90% at the end of 10 years and 80% at the end of 25 years. The mechanical structures, electrical works including power conditioners/inverters/charge controllers/MPPT units/distribution boards/ digital meters/switchgear etc. and overall workmanship of the SPV power plants/systems must be warranted against any manufacturing/design/installation defects for a minimum period of 18 months from the date of delivery at site or 12 months from the date of installation, whichever is earlier. In case manufacturer’s guarantee stands for longer duration, longer guarantee / warranty period shall be applicable.

(10) Operation and Maintenance Manuals

The following documents/drawings are required to be submitted in six copies each by the contractor:

• An Operation and maintenance manual in English of the solar power plant shall be provided.

The following minimum details must be provided in the manual: - Clear instruction about mounting of PV modules - About electronic circuit - Do’s and Do Not’s - Clear instruction on regular maintenance and troubleshooting of the power plant - Name and address of the personals/service engineers to be communicated

(11) Integration of PV Power with Grid

The output power from SPV would be fed to the inverters which converts DC produced by SPV array to AC and feeds it into the main electricity grid after synchronization. In case of grid failure, or low or high voltage, Solar PV system shall be out of synchronization and shall be disconnected from the grid.

(12) Metering and associated facilities:

The metering of electricity shall be carried out as per the regulations stipulated by MPERC and /or Central Electricity Authority / CERC.

(13) Solar Meter / Net Meter:

Solar meter / net metering shall be installed at the delivery point of the solar energy system to measure the total solar electricity generated / Net metering.

Sl. No. Components Make & Model Make Offered

(To be filled by the Bidder) 1. Solar Module Make & model offered

should be approved / tested from MNRE/SECI/IEC/NABL/ Solar energy center approved / accredited laboratory/ test centers

2. Solar Power Conditioning Unit

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Note: (1) Bidder shall be required to confirm during bidding that the above components and the makes offered by them are in compliance to MNRE approved standards and approved /tested from IEC/NABL/MNRE/SECI/ accredited testing laboratories/test centers.

(2) L-1 bidder shall be required to submit supporting documents before inspection to prove that

offered make for solar PV modules and solar power conditioning units are in compliance to MNRE approved standards and approved / tested from IEC/NABL/MNRE/SECI approved test centers / laboratories.

(14) Details of Proposed connecting load at Nagchun Park

Sr

No Details Qty Watt

Connected

Load Operating Hours (Tentative)

Power

in KWh

1 5 Watt LED Bulb 227 5 1135 11 Hours (0600 PM to 0500 AM) 12.49

2 30 Watt LED Flood Light 30 30 900 4 Hours (0600 PM to 1000 PM) 3.60

3 Music System 1 1700 1700 7 Hours Daily (0600 PM to 1000

PM & 0500 AM to 0800 AM ) 11.90

4 5 HP Motor Pump 1 3750 3750 6 Hours (1000 AM to 0400 PM) 22.50

5

Musical Fountain Pump 7.5HP

X 4 Pump, Light 18 Watt X 40,

and Music System of 500 Watt

1 23592 23592 4 Hours (0600 PM to 1000 PM) 94.37

6

Hanging Rock Fountain Pump

7.5HP X 1 Pump , Light 9 Watt

X 10

1 5683 5683 4 Hours (0600 PM to 1000 PM) 22.73

7 Floating Fountain Pump 7.5HP

X 1 Pump & Light 9 Watt X 12 1 5701 5701 4 Hours (0600 PM to 1000 PM) 22.80

8 Foam Fountain Pump 3HP X 1

Pump & Light 9 Watt X 6 1 2291 2291 4 Hours (0600 PM to 1000 PM) 9.16

9 Dandelion Fountain Pump 3HP

X 1 Pump & Light 9 Watt X 8 1 2309 2309 4 Hours (0600 PM to 1000 PM) 9.24

10 Gyser Fountain Pump 2HP X 1


11

Three Stage Jet Fountain

Pump 1HP X 1 Pump & Light 9

Watt X 3

1 772 772 4 Hours (0600 PM to 1000 PM) 3.09

12 Ring Fountain Pump 4HP X 1


Power Consumption (in Kwh) 230.057

(15) Abstract of Energy Requirement and Power generation

Sr No Description Energy (KWh)

1 Power Requirement at Nagchun Park 230

2

Power Generation from 40 Kilowatt Solar Power Plant

(40 KW x 5 Hrs) 200

Note: The Energy Generation from Solar Power Plant is based on 5 Hours Solar Day.

(Seal & Signature of the bidder)

Manager (Contract)

NHDC R&R Khandwa

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----------X---------

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SECTION- 6

TENDER FORMS, SCHEDULES & ANNEXURES

Sl. No. Description

1 Schedule of Quantity(ies) and Prices Schedule -A

2 Comparative Technical Data Sheet Schedule -B

3 Bid Form Annexure -I

4 Experience & Financial Details

Annexure -II

5 Schedule of Deviation Annexure -III

6 Fraud Policy of NHDC Annexure -IV

7 Certificate of Fraud Policy Annexure -V

8 Policy and procedure for obtaining business dealing Annexure -VI

9 Declaration by Bidder Annexure -VII

10 ECS details Annexure -VIII

11 Format for Declaration regarding MSMED A Annexure -IX

12 Proforma of Contract Agreement Annexure -X

13 Proforma of Performance Guarantee Annexure -XI

14 Bid Security Forms

Annexure -XII

15 Subsidy Details

Annexure -XIII

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Schedule-A

Item Wise BOQ Tender Inviting Authority: Manager (Contracts), R&R Office, NHDC Ltd. Khandwa (M.P.)

Name of Work: “Supply, Installation, Testing and C ommissioning of 40 KW Grid connected Solar Power Pl ant at Nagchun Park, Khandwa”

Contract No: NHDC/4/C-4/CLX-20/16/0850 Bidder Name :

SCHEDULE OF QUANTITIES AND PRICES- SCHEDULE-A (This BOQ template must not be modified/replaced by the bidder and the same should be uploaded after f illing the relevant columns, else the bidder is lia ble to be

rejected for this tender. Bidders are allowed to en ter the Bidder Name and Values only ) NUMBER

# TEXT # NUMBER

# TEXT # NUMBER

# NUMBER NUMBER NUMBER NUMBER NUMBER NUMBER # NUMBER

# TEXT #

Sl. No.

Item Description Quantity Units Ex-Works Price

(in Rs.)

Packing & Forwarding

Charges (in Rs.)

Excise Duty

(in Rs.)

VAT / CST against Form 'C' (in Rs.)

Freight Charges (in Rs.)

Any Other Taxes

including Service

Tax, Octroi Entry Tax

Duties Levies etc.

(in Rs.)

TOTAL Unit Price

(in Rs.)

TOTAL AMOUNT (in Rs.)

TOTAL AMOUNT In Words

1 2 3 4 5 6 7 8 9 10 11 = 5 + 6 + 7+ 8+ 9 + 10

12= 3x11 13

1

Supply of 40 KW SPV based Grid connected Solar Power Plant as per detailed Scope of work &Technical Specifications described in Section-5 of tender document, inclusive of tax (if any).

1.00 Set …. … INR … Only

2

Installation, testing & commissioning of 40 KW SPV based Grid connected Solar Power Plant, inclusive of Service Tax.

1.00 Job …. … INR … Only

Total in Figures …. … INR Only Quoted Rate in Words INR Zero Only

Seal and Signature of the bidder Date:

Manager (Contracts) NHDC,R&R, Khandwa

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Schedule-B

Comparative Technical Data Sheet

Sl. No. Particulars Make Specification Make

offered

Deviation from

Specifications, if any

Reason for

Variation

1

Supply of 40 KW SPV based Grid connected Solar Power Plant as per detailed Scope of work &Technical Specifications described in Section-5 of tender document.

Any Standard Make as

approved by MNRE/

MPPKVVCL

as described in Scope of work

&Technical Specifications (Section-5) (A)

& (B)

Note: The specifications mentioned are the minimum requirements. Any other better features along with these minimum requirements are also acceptable. However, No extra charge/claim shall be entertained in this regard.

Signature & Seal of Bidder.

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Annexure-I

BID FORM (Note: This letter should be enclosed in cover-I of the bid)

To, Manager (Contracts) NHDC Ltd.R&R Office, Khandwa - 450001

Sub: “Supply, Installation, Testing & Commissioning of 40 KW Grid Connected Solar Power Plant at

Nagchun Park, Khandwa (MP)”

Ref: NIT No. NHDC/4/C-4/CLX-20/16/0850 dated : 27.12.201 6

Sir,

1. We have carefully and completely examined the Bid documents including conditions, instructions, specifications etc. in your bidding documents for the work of “Supply, Installation, Testing & Commissioning of 40 KW Grid Connected Solar Power P lant at Nagchun Park, Khandwa (MP)”

2. We have unconditionally accepted all the terms and conditions of the bid documents except as specified in the Schedule of Deviation. Accordingly, we hereby submit covers as below:

Cover –1 , Technical Bid :

(i) EMD/ Bid Security deposit of Rs. 65,000/- (Rs. Sixty-Five Thousand Only) in the form of Bank Draft, placed in separate cover, in accordance to the bidding documents.

(ii) Technical & Commercial offer (un-priced) in accordance to the bidding documents and Technical & Commercial Deviations, observed in bidding documents.

Cover-2, Price Bid : Price Bid Form (Priced) in accordance with the bidding documents.

3. We confirm that our bid shall be valid up to 120 days from the date of opening of Cover-1 Technical Bid.

4. We hereby certify that all the statements made and information supplied in the enclosed Annexure and Forms and additional data etc. furnished herewith are true and correct.

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

6. We hereby certify that we are familiar with the requirements of the work and are experienced and competent to perform the work to the satisfaction of the Engineer-in-Charge.

7. We confirm that we have investigated the site and satisfied ourselves regarding the character of the work and local conditions that may affect the work or its performance.

8. We certify that we are familiar with all the general and special Laws, Acts, Ordinances, Rules and Regulations of the Municipalities, District, State and Central Government that may affect the work, its performance or personnel employed therein.

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

10. We certify/ confirm that we comply with the eligibility requirements as per Bid documents.

11. We understand that in case any provision of this tender are found violated, then your Corporation shall without prejudice to any other right or remedy be at liberty to reject my bid including the forfeiture of earnest money deposit.

Encl: As per list attached.


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Annexure-II EXPERIENCE & FINANCIAL DETAILS

1. EXPERIENCE (SIMILAR NATURE OF SUPPLY, INSTALLAT ION, TESTING AND COMMISSIONING OF

CAPACITY 20KW OR ABOVE)

Sl.No. Detail of similar supply carried out

No. & Date of supply

Order/ Contract

Value of supply Order/

contract

Contractual 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) years: Sl.No. Fiscal year Turnover (` in Lacs)

01 2013-2014

02 2014-2015

03 2015-2016

Date ________ 2016/ 2017


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Annexure-III

SCHEDULE OF DEVIATION (TECHNICAL AND COMMERCIAL)

(To be filled-in by the bidder)

Sl.No. Specification Clause No. (s)

Deviation proposed By the tenderer

Justification for deviation

Note: This Annexure is to be filled up and submitte d along with Techno-Commercial Bid i.e. Cover-1. Tenderer's Declaration: - · We guarantee that the above deviation(s) in no ways shall adversely affect the performance and other requirements of the equipment stipulated in the specification. · We hereby confirm that except the deviations specified above, we have not taken any other deviation in the bidding document. Date ________ 2016 / 2017


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Annexure-IV

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 wilful 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.

(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.

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(v) Wilful 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.

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

(iii) 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.

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:

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.

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(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 shall be reviewed and revised as and when needed.


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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 organization to indulge in fraudulent activities

and would immediately apprise the organization of the fraud/ suspected fraud as soon as it

comes to our notice.

(……………………………..)

SEAL AND SIGNATURE OF THE AUTHORISED REPRESENTATIVE OF FIRM.

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Annexure-VI 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

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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/ Contractor s/ Suppliers/ Bidders” shall mean

and include list of Parties/ Contractors/ Suppliers/ Bidders etc. if registered with NHDC.

4.0 Initiation of Banning/ Suspension 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 ca n 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;

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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.

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 – Suppli er/ 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

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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 16 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 A uthority

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.

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Annexure-VII

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.

(Seal &Signature of the bidder)

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Annexure-VIII

INFORMATION SYSTEM FOR PAYMENT TO THE PARTIES THROUGH ECS/RTGS/NEFT/NET BANKING

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

Address : ……………………………………………………….

Email ID : ……………………………………………………….

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

2. PARTICULARS OF BANK ACCOUNT:

A BANK NAME : ……………………………………………………..

B BRANCH NAME : ………………………….………………………….

BRANCH CODE : ………………………………………………………

ADDRESS : ……………………………………..……………..

TELEPHONE NO. : …………………………….……………………….

C 9-DIGIT CODE NUMBAR : ……………………………………………..…….. OF THE BANK & BRANCH

(MICR CODE)

Encl. 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 NUMBER : …………………………………….………………

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: Signature of the Party

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

(Bank’s Stamp)

( ……………………. )

Signature of the Authorized Official from the bank

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Annexure-IXIIXX

Format for obtaining declaration regarding applica bility 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 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 mat, 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 the 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.

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

4 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

*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.

5 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.

(Authorized Representative of Concerned Contract & Procurement Division)

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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.

(Signature of Authorized Person with seal and Date)

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ANNEXURE-X PROFORMA OF CONTRACT AGREEMENT This AGREEMENT made on the ……………… day of.............................. BETWEEN

1) N H D C Ltd. a Corporation incorporated under the laws of INDIA and having its principal place

of business at NHDC Parisar, Shyamla Hills, Bhopal –462013 (M.P.) (hereinafter called "the

Purchaser ") and which expression shall include its permitted successors and assigns.

2) M/s........................................... and having registered office at...................................... (Herein

after referred to as ' The Contractor ') which expression shall include the permitted successors and

assigns.

WHEREAS the Purchaser is desirous of………………………….. (Hereinafter called the "Works") and

have invited enquiries vide ……………………… for the purpose of the work.

AND WHEREAS the Contractor has submitted it’s tender AND WHEREAS the Purchaser has

accepted the tender of the Contractor and execution of the said work upon the terms and subject to the

conditions herein after mentioned below in the agreement.

The Contract comprises of 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 here to attached.

1. Pat -l : Letter of Award and letter of acceptance (LOA)

2. Pat -lI :

i) Section-1 : Instructions to bidder

ii) Section-2 : Information to bidder

iii) Section-3 : General Condition of Contract (for Supply & Erection) GCC

iv) Section-4 : Special Condition of Contract (SCC)

v) Section-5 : Scope of work & Technical Specification (TS)

vi) Section-6 : Tender forms, Schedules & Annexures

AND WHEREAS the Purchaser has accepted the tender of the Contractor and the execution of the

said work for the sums as per Schedule of Quantities and Prices Contained in the Section -l upon the

terms and subject to the conditions hereinafter mentioned and more particularly described in Section -

1 to 6 respectively which shall form integral part of this Contract (hereinafter to be collectively referred

as ‘Contract Document’s).

NOW THESE PRESENT WITNESS AND the parties hereto hereby agree and declares as follows:

That is to say, in consideration of the payments to be made to the Contractor by the Purchaser as

hereinafter mentioned, the Contractor shall duly provide the plant for the said works and shall do and

perform all other works and things in the Contract mentioned or described or which are implied there

from or herein respectively or may be reasonably necessary for the completion of the said work within

and at the times and in the manner and subject to the terms and conditions and stipulations mentioned

in the said Contract document.

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AND in consideration of the due provision and satisfactory Supply, Installation, Commissioning and

Completion of the said works and the maintenances thereof as aforesaid, the Purchaser will pay to the

Contractor the sums as per the Schedule of Quantities and Prices contained in Section-1 or such other

as may become payable to the Contractor under the provisions of this Contract, such payment to be

made in time and in such manner as is provided by the Contract.

IN WITNESS WHEREOF the Parties hereto have signed this deed hereunder on the date respectively

mentioned against the signature of each.

Signed

Signed

(For and on behalf of the Contractor)

(For and on behalf of the Purchaser)

Date Date In the presence of

In the presence of

1. 1.

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ANNEXURE-XI

PROFORMA OF PERFORMANCE GUARANTEE

Bank Guarantee

(To be stamped with Stamp Act, if any, of the State of the Issuing Bank) Bank Guarantee No. .................

Date ........……………....................... To, [Employer’s Name & Address]

Dear Sirs, 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 awarded 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 Letter of Award No. ................ dated .................. and the same having been unequivocally accepted by the Contractor, resulting into a Contract bearing No. ................. dated ............... valued at ................ for .................. and the Contract or having agreed to provide a Contract Performance Guarantee for the faithful performance of the entire Contract equivalent to .......(*)........ % (.......... percent) of the said value of the aforesaid work under the Contract to the Employer. 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 previous consent of the Employer and further agrees that the guarantees herein contained shall continue to be enforceable till the Employer discharges this guarantee or till ..................[ days / month / year] whichever is earlier . 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 commission 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.

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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. i) Our liability under this Bank Guarantee shall not exceed ........................... ii) This Bank Guarantee shall be valid upto ...................................... iii) We are liable to pay the guaranteed amount or any part thereof under this Bank Guarantee

only and only if Employer serve upon Bank a written claim or deemed on or before .................@....................

Notwithstanding anything contained hereinabove our liability under this guarantee is restricted to ...................... (*) ...................... and it shall remain in force upto and including ................. (@) .............. and shall be extended from time to time for such period (not exceeding one year), as may be desired by M/s ....... [Contractor’s Name] ...... on whose behalf this guarantee has been given. Dated this .................... day of ..................... 200........ 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 ten percent (10%) of the Contract Price denominated in the

types and proportions of currencies . (@) This date will be 90 (Ninety ) 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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ANNEXURE-XII Bid Security Forms

Bank Guarantee 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 unto (name of Employer) (hereinafter called “the Employer”) for 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.

THE CONDITIONS of this obligation are as follows:

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

Form, or adopts corrupt and fraudulent practices.

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 submit the performance security in accordance with the bidding documents

or.

c) 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

mention that the amount claimed by it is due, owing to the occurrence of one or both of the two above-

named CONDITIONS, and specifying the occurred condition or conditions.

This guarantee will remain in force up to and including (date 90 days after the period of bid validity),

and any demand in respect thereof must reach the Bank not later than the above date.

For and on behalf of the Bank _____________________________________________________________ In the capacity of Common Seal of the Bank ______________________________________________________ NOTE: “The issuing bank shall write the name of bank’s controlling branch/office along with contact details like telephone/fax and full correspondence address, in order to get the confirmation of BG from that branch/office, if so required.”

………X……..

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Annexure-XIII

Subsidy Details

Manager (C),

R&R Office Khandwa

Authority Subsidy if any

Central Govt.

State Govt.

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CHECK LIST OF DOCUMENTS TO BE SUBMITTED BY THE BIDD ER IN ENVELOP – 1, TECHNICAL BID.

S. No. Document to be submitted Submitted by the Bidder Yes/

No, if no reason for not submitting

1 Earnest Money Deposit (refundable) of Rs. 65,000/- Notarized copy of MSE registration certificate as per Clause 4.0 of Instructions to Bidders.

2 Tender fee (Non-refundable) of Rs. 500/- or Notarized copy of MSE registration certificate as per Clause 5.0 of Instructions to Bidders.

3 The bidder or his authorized representative shall sign and upload all the documents, owning responsibility for their correctness/ authenticity and submit Declaration in respect of terms and conditions of tender document

4 In case of Small Scale Units registered with National Small Industries Corporation (NSIC)/ MSMEDA Act 2006 should furnish with the tender a Notarized copy of valid registration certificate issued by NSIC/ MSMEDA 2006 for tendered items, in their favour for the works covered under this tender document.

5 Self attested copy of PAN and TIN/Sales Tax Registration Certificate.

6 Self attested copy of Trading and Profit & Loss Accounts /Balance sheet/ Certificates audited by CA in fulfillment of Eligibility Criteria.

7 Self attested Copies of Supply Orders and Completion Certificate in fulfillment of Eligibility Criteria.

8 Self attested Copy of authorization certificate i.e. authorized Dealer/ Distributor/ Channel partner or documents in support of manufacturer

9 Comparative Technical Data Sheet as per Schedule-B.

10 Acceptance of technical specification of the item mentioned in ‘Section-5' of tender document.

11 Duly filled, stamped and signed Annexure-I, II, III, IV, V, VI, and VII.

12 Duly filled Form for Electronic Clearing Services (Credit Clearing) and duly Certified by the Bank Authority (Annexure- VIII).

13 Declaration/Undertaking for identifying Micro, Small & Medium Enterprises under MSMEDA – 2006 (Annexure-IX).

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