TENDER NOTICE NO. NESCO/ CAPEX/SUPPLY & INSTALLATION ...
TENDER NOTICE NO. NESCO/ CAPEX/SUPPLY & INSTALLATION ...
TENDER NOTICE NO. NESCO/ CAPEX/SUPPLY & INSTALLATION ...
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North Eastern Electricity Supply Company of Odisha<br />
Limited (<strong>NESCO</strong>)<br />
***********************************************<br />
<strong>TENDER</strong> <strong><strong>NO</strong>TICE</strong> <strong>NO</strong>.<br />
<strong>NESCO</strong>/ <strong>CAPEX</strong>/<strong>SUPPLY</strong> & <strong>INSTALLATION</strong><br />
/ 15 Dt..21.01.13<br />
GROUP A: Turnkey work (Supply & Erection<br />
of Electrical items)<br />
GROUP B : Supply & Installation of Earthing<br />
for S/S , Capacitor Bank , PSC Pole<br />
& DTR Metering.<br />
GROUP C: Supply of 1Ph. Phase Energy Meter,<br />
HT & LT Accucheck<br />
DATE OF OPENING OF <strong>TENDER</strong>: 25.02.13<br />
<br />
<br />
TIME OF OPENING OF <strong>TENDER</strong>: 3.30 PM<br />
PLACE: Corporate Office, <strong>NESCO</strong>, Januganj,<br />
Balasore – 75601<br />
T . N : N E S C O / C A P E X / S U P P L Y & I N S T A L L A T I O N / 1 5 , D T D . 21. 0 1 . 1 3 Page 1
<strong>NO</strong>RTH EASTERN ELECTRICITY <strong>SUPPLY</strong> COMPANY OF ODISHA (<strong>NESCO</strong>)<br />
CORPORATE OFFICE, JANUGANJ, BALASORE -756019 , PH. 06782 269864, FAX.06782 263259,<br />
E mail: purchase@nescoorissa.com<br />
INDEX<br />
SECTION <strong>NO</strong><br />
DESCRIPTIO<br />
PAGE <strong>NO</strong><br />
<strong>TENDER</strong> <strong><strong>NO</strong>TICE</strong><br />
N<br />
3-4<br />
SECTION-I INVITATION FOR BIDS (IFB) 5-12<br />
SECTION-II INSTRUCTION TO BIDDERS (ITB) 13-22<br />
SECTION-III GENERAL TERMS & CONDITIONS OF CONTRACTS (GTCC) 23-50<br />
SECTION - IV<br />
TECHNICAL SPECIFICATIONS FOR GROUP-A ( 1-342), GROUP-B (1-76) 51<br />
& GROUP – C(1-67) (Refer separate file for each group)<br />
SECTION-V ANNEXURES (Gr. A & Gr. B) 52<br />
ANNEXURE-I BID PROPOSAL LETTER 53-58<br />
ANNEXURE-II DECLARATION FORM 59<br />
ANNEXURE-III PBG FORMAT 60-62<br />
ANNEXURE-IV BANK GUARANTEE FOR ADVANCE PAYMENT 63-65<br />
ANNEXURE-V POWER OF ATTORNEY FOR JOINT VENTURE 66-67<br />
ANNEXURE-VI JOINT VENTURE AGREEMENT 68-73<br />
ANNEXURE-VII (A&B) LETTER OF COMPLIANCE 74-79<br />
ANNEXURE-VIII COMMERCIAL DEVIATIONS 80<br />
ANNEXURE-IX TECHNICAL DEVIATIONS 81<br />
ANNEXURE-X ADDITIONAL INFORMATION 82<br />
ANNEXURE-XI BOUGHT OUT AND SUB CONTRACT 83<br />
ANNEXURE-XII WORKS COMPLETION SCHEDULE 84<br />
ANNEXURE-XIII CHECK LIST 85-86<br />
ANNEXURE-XIV PROFORMA FOR INDEMENITY BOND 87-89<br />
ANNEXURE-XV SELF DECLARATION FORM 90<br />
ANNEXURE-XVI (A&B) PROFORMA FOR BG FOR EANEST BANK<br />
GUARANTEE & EXTENTION THEREOFF<br />
91-93<br />
T . N : N E S C O / C A P E X / S U P P L Y & I N S T A L L A T I O N / 1 5 , D T D . 21. 0 1 . 1 3 Page 2
North Eastern Electricity Supply Company of Odisha<br />
Limited (<strong>NESCO</strong>)<br />
<strong>TENDER</strong> <strong><strong>NO</strong>TICE</strong><br />
Tender Notice No. <strong>NESCO</strong>/<strong>CAPEX</strong>/<strong>INSTALLATION</strong>/15 , Dated: 21.01.13<br />
For and on behalf of North Eastern Electricity Supply Company of Orissa Ltd. (<strong>NESCO</strong>),<br />
the undersigned invites sealed bids in duplicate on two part bidding system from qualified and<br />
eligible bidders, having valid HT Electrical License for Turnkey works under Group-A & Group-B and<br />
reputed manufacturers for Group C items under<br />
<strong>CAPEX</strong> Scheme , who comply with the terms and<br />
conditions for the following works to be executed in the <strong>NESCO</strong> area in the State of Odisha .<br />
The tender document will be available from this office during office hours on working days or from the<br />
website of <strong>NESCO</strong> i.e www.nescoorissa.com on payment in shape of Bank Draft in favour of <strong>NESCO</strong> Ltd. ,<br />
Balasore as per below scheduled.<br />
Item Sl.<br />
No.<br />
Group<br />
Group-A<br />
1<br />
Item Description<br />
Estimated<br />
Cost<br />
Balasore Electrical Division<br />
(Rs. in Cr.)<br />
( Turnkey Package-I) 2.06<br />
2 Anandapur Electrical Division<br />
( Turnkey Package-II)<br />
3 Joda Electrical Division<br />
( Turnkey Package-III)<br />
4 Keonjhar Electrical Division<br />
( Turnkey Package-IV)<br />
Group - B 1 Supply & Installation of Earthing of Substation<br />
at different location<br />
2 Supply and Erection of 11 KV Capacitor<br />
Bank at different location<br />
3 Supply & Installation of PSC pole against<br />
replacement at different location<br />
6.54<br />
3.60<br />
3.20<br />
1.84<br />
0.75<br />
i) 8m x200 Kg. PSC Pole 1.74<br />
ii) 9m x300 KG PSC Poles 1.3<br />
EMD<br />
@1% of the<br />
total offered<br />
price<br />
@1% of the<br />
total offered<br />
price<br />
4. Supply & Installation of DTR metering 8.0<br />
for 25 KVA Transformer & Below .<br />
Group-C 1<br />
2<br />
Supply of Single Phase Energy Meter<br />
Supply of HT & LT Accucheck<br />
21.2<br />
1.95<br />
@1% of<br />
the total<br />
offered<br />
price<br />
Cost of Bid<br />
document<br />
Rs.15,000.00<br />
+ VAT@5%<br />
( non -<br />
refundable)<br />
Rs.10,000.00 +<br />
VAT@ 5%<br />
( non -<br />
refundable)<br />
Rs.15,000.00<br />
+ VAT@ 5%<br />
T . N : N E S C O / C A P E X / S U P P L Y & I N S T A L L A T I O N / 1 5 , D T D . 21. 0 1 . 1 3 Page 3<br />
( non -<br />
refundable)
TIME SCHEDULES:-<br />
1 Sale of Tender Documents:<br />
Dt.24.01.13 to Dt.21.02.13 up to 5.0 PM<br />
2 Pre-Bid Discussion At 11.0 AM of 14.2.13 for Gr. A , Dt.15.2.13<br />
for Gr.B & Dt. 16.2.13 for Gr.C<br />
4 The Last Date & Time of receipt of Tenders Dt. 24.02.13 up to 5.0 PM<br />
5 Date & Time for Opening of Tender<br />
i)Techno- Commercial Bid<br />
ii) Price Bid<br />
Dt.25.02.13 at 3.30 PM<br />
08.03.13 at 10.30AM (tentative)<br />
NB : i) In the event the date of submission of tender is a holiday / Sunday the next immediate<br />
working day up to 2.0 PM may be considered.<br />
ii) In the event the date of opening is a holiday, the next working day shall be treated as the<br />
date of opening<br />
The intending bidders can also download the tender document from our website<br />
www.nescoodisha.com. However the bidder has to furnish a Demand Draft drawn on any<br />
Scheduled Bank in favour of “North Eastern Electricity Supply of Orissa Ltd” payable at<br />
Bhubaneswar for the cost of the Tender Paper indicated above, along with his bid, failing of<br />
which the bid will be rejected outright. In the event of any specified date for the sale, submission or<br />
opening of bids being declared as holiday for <strong>NESCO</strong>, the bids will be sold / received / opened<br />
up at the appointed time on the next working day. <strong>NESCO</strong> also reserves the right to accept or<br />
reject any or all tenders without assigning any reason thereof, if the situation so warrants.<br />
For detail Tender Specification & Terms and Conditions, please visit our website<br />
www.nescoodisha.com<br />
Dy. General Manager (Purchase & Store)<br />
<strong>NESCO</strong>, Balasore, Odisha<br />
T . N : N E S C O / C A P E X / S U P P L Y & I N S T A L L A T I O N / 1 5 , D T D . 21. 0 1 . 1 3 Page 4
SECTION – I<br />
INVITATION FOR BIDS (IFB)<br />
<strong>TENDER</strong> <strong><strong>NO</strong>TICE</strong> <strong>NO</strong>: <strong>NESCO</strong>/<strong>CAPEX</strong>/ <strong>SUPPLY</strong> &<br />
<strong>INSTALLATION</strong>/15<br />
Date: 21.01.13<br />
T . N : N E S C O / C A P E X / S U P P L Y & I N S T A L L A T I O N / 1 5 , D T D . 21. 0 1 . 1 3 Page 5
GROUP A & B<br />
North Eastern Electricity Supply Company of Odisha<br />
Limited (<strong>NESCO</strong>)<br />
1.0 <strong>NESCO</strong> invites sealed tenders from qualified and eligible bidders, having valid HT<br />
Electrical License for Turnkey works under Group-A & Group-B with required license, either<br />
in individual capacity or as part of a joint venture agreement / consortium for<br />
carrying out various Electrical Installation works on „Turnkey‟ basis in the jurisdiction of<br />
their respective licensed area . The bidder must fulfill all the qualification requirements<br />
as specified in clause 2.0 stated below. The sealed envelopes shall be duly super scribed<br />
as “<strong>TENDER</strong> <strong><strong>NO</strong>TICE</strong> No: <strong>NESCO</strong>/<strong>CAPEX</strong> / <strong>SUPPLY</strong> & <strong>INSTALLATION</strong> / 15,<br />
Dated 21.01.13 , Due date of opening 25.02.13 .<br />
2.0 Bidders to be considered as eligible (to bid) should meet the following qualifications for<br />
Group A & B :<br />
(a) Bidder may quote for any one package or for multiple packages; however, bidder<br />
must quote for the entire quantum of works specified under each such package(s).<br />
(b) The bidder should have installed and commissioned the quantum of work as specified<br />
with respect to qualifying criteria (Work experience)<br />
(i) For construction/up-gradation of any no. of 33/11 KV Sub-Station(s), the bidder(s)<br />
should have executed/up-graded at least one no. of 33/11 KV Sub-Station.<br />
(Note: This is applicable only where the scope involves for construction/up-<br />
gradation of 33/11 KV Sub-Station.)<br />
(ii) For construction/up-gradation/renovation of 33 KV & 11 KV OH Lines taken<br />
together, the bidder(s) should have executed/upgraded/renovated at least 50% of the 11<br />
KV and higher voltage lines.<br />
(Note: Where the scope of works for said line works together exceeds 150 Kms in<br />
one package, the qualifying works experience shall be limited to 75 Km.)<br />
(iii) For construction/up-gradation/renovation of 11/0.4 KV S/S, the bidder (s) should<br />
have executed/upgraded/renovated at least 5 no. of 11/0.4 KV S/S and higher voltage S/S.<br />
(iv) For construction/up-gradation of LT line, the bidder(s) should have executed/up- graded<br />
at least 10 Kms of LT Lines or 5 Kms of HT Line.<br />
v) The bidder should furnish the similar work experience for Supply & Installation of<br />
Earthing of Sub-station, Capacitor Bank , replacement of damage pole by new PSC poles<br />
and DTR metering.<br />
T . N : N E S C O / C A P E X / S U P P L Y & I N S T A L L A T I O N / 1 5 , D T D . 21. 0 1 . 1 3 Page 6
Division<br />
TABLE - A<br />
PACKAGE WISE MINIMMUM QUALIFYING REQUIREMENTS - <strong>NESCO</strong><br />
Construction of<br />
Construction of<br />
New/Up- LT Lines/AB Construction of<br />
New/Upgradation/Renovati<br />
Cabling/Higher New/Up-gradation<br />
gradation 33/11<br />
on of 11 Kv Line or Voltage Lines in of 11 Kv Sub-<br />
Kv Sub-Station<br />
higher Voltage in<br />
Km<br />
Station in Nos.<br />
in Nos.<br />
Km<br />
Balasore Electrical<br />
Division 0 38<br />
Anandapur Electrical<br />
Division<br />
0 75<br />
Joda Electrical<br />
Division 0 54<br />
Keonjhar Electrical<br />
Division 0<br />
10 Km. LT line or<br />
5 Km. HT Line<br />
10 Km. LT line or 5<br />
Km. HT Line<br />
10 Km. LT line or<br />
5 Km. HT Line<br />
48 10 Km. LT line or<br />
5 Km. HT Line<br />
5 No. 11/0.4 KV<br />
S/S<br />
5 No. 11/0.4 KV<br />
S/S<br />
5 No. 11/0.4 KV<br />
S/S<br />
5 No. 11/0.4 KV<br />
S/S<br />
“The bidder must have executed the quantum of work as mentioned in the Table A above during the<br />
last three financial years preceding to the year of tender notification and should have successful<br />
operation of minimum period of one year. Bidder must enclose copies of the relevant work orders<br />
along with client certified copies of Final Invoices and/or Performance Certificates dully signed by<br />
the competent authority of the client and/or Final Inspection certificate issued by Electrical<br />
Inspector in proof of having executed the desired quantum of works during the last three financial<br />
years.”<br />
(c) If the bidder(s) participate in multiple packages, the qualifying requirement for work<br />
experience shall be considered /evaluated independently/separately for each package.<br />
However, the qualifying requirement for Turn Over shall be added together to<br />
qualify the Turnover requirement for each package(s).<br />
No bidder shall be awarded work order for more than Two (2) Packages<br />
irrespective of nos. of packages for which he has submitted the bid.<br />
(d) The minimum average Annual Turnover of the bidder in any best three financial years<br />
out of last five financial years should not be less than 50% of the estimated value of all<br />
the items quoted by the bidder(s).<br />
(e) Bidder shall be financially sound and stable having liquid assets as stated in the<br />
enclosed format and/or access to credit facility of not less than one fifth of estimated cost<br />
of the package(s) for which he has submitted the bid.<br />
T . N : N E S C O / C A P E X / S U P P L Y & I N S T A L L A T I O N / 1 5 , D T D . 21. 0 1 . 1 3 Page 7
NB:<br />
1) Only cash at bank / in hand & fixed deposit mentioned 3 in the audited<br />
balance sheet of last FY shall be considered for accessing the Liquid Asset.<br />
2) The average unutilized credit limit during the month prior to the month of<br />
bidding shall be considered to access the credit facility.<br />
(f) Two or more like minded contractor(s) and/or manufacturer(s) of electrical items,<br />
which are under scope of supply of the contractor as per this tender specification, may<br />
form a joint venture/ consortium agreement amongst themselves and apply against this<br />
tender specification, provided they qualify the criteria. The sample format of joint venture<br />
/ consortium agreement is enclosed at Section – V of this tender specification as<br />
Annexure - VI.<br />
<strong>NO</strong>TE: 1) Joint Venture/Consortium Partner shall be limiting to 04 (Four) Members.<br />
2) One of the Members shall be a Electrical Contractor having valid HT License.<br />
3) Work Order shall be issued in favour of the Lead Partner only<br />
However, if the bidder is quoting against one or more package(s) in his individual<br />
capacity, he cannot be a part of joint venture / consortium agreement to participate in<br />
same package(s) as notified against this tender specification & vice versa.<br />
(g) If the work experience of one partner is not meeting the entire qualifying criteria, the<br />
work experience of the other partner (s) specified in the scope of work shall be added<br />
for qualifying the bid in total.<br />
Lead Partner shall have minimum 50% of Turn Over & 50% of work<br />
experience and other partner(s) together shall have balance 50% Turn over &<br />
Work experience.<br />
(h) One of the partners shall be nominated as Lead Partner and the lead partner shall be<br />
authorized to incur liabilities and receive instructions for and on behalf of all partners of<br />
the joint venture / consortium and entire execution of the contract including receipt of<br />
payments shall be done exclusively through the lead partner. This authorization shall be<br />
evidenced by submitting by a Power of Attorney signed by legally authorized signatories<br />
of all partners.<br />
(i) All partners of joint venture / consortium shall be liable jointly and severally for the<br />
execution of contract in accordance with the contract terms and a copy of the agreement<br />
entered into by the joint venture / consortium partners having such a provision shall be<br />
submitted with the Bid. A statement to this effect shall be included in the authorization<br />
T . N : N E S C O / C A P E X / S U P P L Y & I N S T A L L A T I O N / 1 5 , D T D . 21. 0 1 . 1 3 Page 8
mentioned as above as well as in the Bid form and in Contract form (in case of a<br />
successful bid).<br />
(J) a) In addition to above the bidder(s)/Lead Partner of the bidder(s) should submit<br />
the following documents in part-I bid as qualifying terms.<br />
i. Valid electrical (HT) license for electrical works.<br />
ii. EPF registration<br />
iii. PAN & TIN No.<br />
b) The bidder(s)/Lead Partner of the bidder(s) shall have to furnish service tax<br />
registration, ESI and Labor license within 45 days of receipt of the order.<br />
(k) The bidders who have earlier failed to execute the work order(s) of <strong>NESCO</strong> shall not be<br />
eligible to participate in this tender.<br />
(l) <strong>NESCO</strong> reserves the right to waive minor deviation, if they do not materially affect the<br />
capacity of the bidder to perform the contract.<br />
3.0 Bids specification document can be obtained from the office of the undersigned on<br />
payment of Rs. 15,000/- plus 5 % VAT (Total Rs. 15,750/-) for Group A & Rs.<br />
10,000/- plus 5% VAT ( Total Rs. 10500/-) for Group B towards non-refundable cost of<br />
bid documents through Bank DD drawn in favour of “North Eastern Electricity<br />
Supply Company of Orissa Ltd.” payable at Balasore, during office hours<br />
till 21.02.13 upto 5.0 PM .<br />
GROUP C<br />
4.0 For and on behalf of the <strong>NESCO</strong>, the undersigned invites bids under two part bidding system<br />
in sealed cover in duplicate duly superscribed with tender Notice no-<br />
<strong>NESCO</strong>/<strong>CAPEX</strong>/<strong>SUPPLY</strong> & <strong>INSTALLATION</strong>/15,Date: 21.01.13 from the reputed<br />
manufacturers only for design, manufacture, supply, testing, inspection, , transportation<br />
including guaranteed obligation for supply of Materials under Group C : Single Phase<br />
Energy Meter and HT & LT Accucheck .<br />
4.1 Submission of the Bids:<br />
4.11 The Bidders are required to submit a detailed and comprehensive bid, consisting of Technical<br />
and Commercial Proposal and conditions / schedule of non-compliance, if any. The<br />
submission of the Bids shall be in the manner specified in the instruction to Bidders. The due<br />
date of submission shall be 24.02.13 up-to 5.0 PM.<br />
4.12 <strong>NESCO</strong> will not be responsible for any costs or expenses incurred by bidders in connection<br />
with the preparation and delivery of bids.<br />
T . N : N E S C O / C A P E X / S U P P L Y & I N S T A L L A T I O N / 1 5 , D T D . 21. 0 1 . 1 3 Page 9
4.13 Tender will be summarily rejected if:<br />
(i).<br />
Earnest Money deposit @ 1% (Two percent) of the Tender value is not deposited in<br />
shape of Bank Draft in favor of North Eastern Electricity<br />
Supply Company of<br />
Odisha Ltd., payable at Balasore. The EMD already submitted against previous<br />
Tenders, if any, will not be adjusted towards Bid Security against this Tender.<br />
(ii). The offer does not contain “FOR, Balasore store/ Jajpur Road store price indicating<br />
break-up towards all taxes & duties”.<br />
(iii). Complete Technical details are not enclosed.<br />
(iv). Tender is received after due time due to any reason.<br />
4.14 Qualification Criteria:-<br />
The prospective bidder must qualify all of the following requirements to be eligible to<br />
participate in the bidding.<br />
a) The bidder must be a manufacturer of energy meters. The manufacturer must have<br />
valid BIS certificate for manufacturing of meters.<br />
b) The bidder should have have successfully carried out Type Test on similar type of<br />
meter from any NABL Accredited Laboratory. The said Type Test report should not be<br />
prior to 3 (Three) years prior to the last date of submission of the Technical bid.<br />
c) Bidder must quote for at least 50% of the tender quantity.<br />
d) The bid shall be accompanied by user‟s certificate from any Distribution Utility/<br />
Reputed Private Organization/ State Govt./ Central Govt. or their undertaking(s) in<br />
support<br />
of satisfactory performance of their above materials supplied earlier to them.<br />
The bidder should enclose copies of purchase orders & performance<br />
certificates from above users as proof of successful operation in field.<br />
4.15 Bids specification document can be obtained from the office of the undersigned on<br />
payment of Rs. 15,000/- plus 5 % VAT (Total Rs. 15,750/-) for Group C towards nonrefundable<br />
cost of bid documents through Bank DD drawn in favour of “North<br />
Eastern Electricity Supply Company of Orissa Ltd.” payable at Balasore, during<br />
office hours till 21.02.13 upto 5.0 PM.<br />
4.16 Financial:<br />
The minimum average annual turnover of the intending bidder should not be less than two<br />
times of the estimated cost of the quantity offered by the bidder during best three financial<br />
years out of immediate past 5 financial years.<br />
Sl.<br />
No.<br />
Description of Materials<br />
Minimum Qualifying requirement for<br />
100% Tender quantity (Rs. in Cr.)<br />
1 Single Phase Meter (Optical port) 42.0<br />
2 Supply of HT & LT Accucheck 4.0<br />
T . N : N E S C O / C A P E X / S U P P L Y & I N S T A L L A T I O N / 1 5 , D T D . 21. 0 1 . 1 3 Page 10
NB: Bidders offering multiple items must meet the sum of minimum turn over requirements<br />
of above items as indicated above. Accordingly bidders must furnish self attested audited<br />
Annual Accounts of past 3 best financial year / 5 years to establish their Turnover<br />
requirement.<br />
5.0 Project Completion Schedules & EMD :<br />
Description<br />
Date<br />
Issue of LOI / Purchase Order Within 30 days from the date of opening of price bid (tentative).<br />
Supply completion<br />
Supply to be completed in a phased manner within 180 days<br />
from the date of LOI or Purchase Order which ever is earlier.<br />
Cost of Tender Paper<br />
(Non-Refundable)<br />
Amount of E.M.D payable<br />
Rs. 15750.00 (Rupees fifteen thousand Seven hundred fi ft y only<br />
including VAT@5%) for Gr.A & Gr.C and Rs. 10500 ( Rupees ten<br />
thousand Five hundred only including VAT@5% ) in shape of<br />
Account Payee demand draft issued in favour of the North Eastern<br />
Electricity Supply Company of Odisha Ltd payable at<br />
Balasore<br />
1% of total offered price in Group wise in shape of account payee<br />
demand draft / Bank Guarantee in favour of the “North Eastern<br />
Electricity Supply Company of Odisha Ltd.<br />
6.0 The tender documents can also be downloaded from any of the following websites<br />
www.nescoodisha.com. In case tender papers are downloaded from these websites, then<br />
the bidder has to enclose a Demand Draft, drawn on any Scheduled bank in favour of<br />
“North Eastern Electricity Supply Company of Orissa Ltd. payable at Bhubaneswar,<br />
covering the cost of bid documents as stated above in a separate envelope with suitable<br />
superscription “Cost of Bid Documents: Tender Notice No.: …………………”. This<br />
envelope should accompany the Bid Documents.<br />
7.0 The Bids shall be submitted in complete shape separately in sealed<br />
envelop for each Group and received in the office of the undersigned on all<br />
office working days up to 5.0 PM of Date 24.02.13. In the event the date of opening is<br />
a holiday, the next working day shall be treated as the date of opening<br />
8.0 Part-I of the bid (Technical Bid) will be opened on Dated 25.02.13 at 3.30 PM as<br />
indicated above, in the presence of the authorized representatives of the Bidders. Bidders<br />
shall depute only one representative to attend pre bid meeting and tender opening if<br />
theywish to be represented. The undersigned reserves the right to reject any or all<br />
tenders if the situations so warrants.<br />
T . N : N E S C O / C A P E X / S U P P L Y & I N S T A L L A T I O N / 1 5 , D T D . 21. 0 1 . 1 3 Page 11
8.0 <strong>NESCO</strong> reserves the right to cancel, postpone, withdraw the invitation for Bids without<br />
assigning any reason thereof and shall bear no liability whatsoever consequent upon such a<br />
decision if the situation so warrants.<br />
9.0 All correspondence with regard to the above shall be made to the following address:<br />
<strong>CAPEX</strong> CELL<br />
<strong>NESCO</strong>, Corporate Office, Januganj,<br />
Balasore-756019, ODISHA<br />
Ph. No.06782 269864 , Fax: 06782 263259<br />
Email: purchase@nescoorissa.com<br />
Dy. General Mamager (P&S)<br />
<strong>NESCO</strong>, Balasore , Odisha<br />
T . N : N E S C O / C A P E X / S U P P L Y & I N S T A L L A T I O N / 1 5 , D T D . 21. 0 1 . 1 3 Page 12
SECTION – II<br />
INSTRUCTION TO BIDDERS (ITB)<br />
<strong>TENDER</strong> <strong><strong>NO</strong>TICE</strong> <strong>NO</strong>: <strong>NESCO</strong>/<strong>CAPEX</strong>/ <strong>SUPPLY</strong> &<br />
<strong>INSTALLATION</strong>/15<br />
Date: 21.01.13<br />
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SECTION –II<br />
INSTRUCTION TO BIDDERS (ITB)<br />
1.1 <strong>NESCO</strong> hereinafter referred to as the “Owner” is desirous of execution various electrical<br />
works through Turnkey for supply and installation of electrical items (Package I to IV) under<br />
Group-A, Supply & Installation of Earthing of Sub-station, Capacitor Bank, PSC Poles,DTR<br />
Metering under Group-B and procuring Single Phase Static Energy Meters with LCD Display<br />
& Optical Port & HT & LT Accucheck under Group – C , to be installed under the <strong>CAPEX</strong><br />
Programme within their respective licensed area in the state of Orissa .<br />
2. SCOPE OF WORK:<br />
2.1 The scope shall include Design, Drawing, Construction , procurement , Manufacture, and<br />
Shop Testing at works conforming to the Technical Specifications enclosed along with<br />
Packing, Forwarding, Freight and Insurance and Unloading and proper stacking at<br />
Purchaser‟s stores including guaranteed obligation of complete supply of materials in<br />
conformity to the technical specification enclosed herewith in Section – IV.<br />
3. DISCLAIMER:<br />
3.1 This Document includes statements, which reflect various assumptions, which may or may<br />
not be correct. Each Bidder should conduct its own estimation and analysis and should check<br />
the accuracy, reliability and completeness of the information in this Document and obtain<br />
independent advice from appropriate sources in their own interest.<br />
3.2 Neither Purchaser nor its employees will have any liability whatsoever to any Bidder or any<br />
other person under the law or contract, the principles of restitution or unjust enrichment or<br />
otherwise for any loss, expense or damage whatsoever which may arise from or be incurred or<br />
suffered in connection with anything contained in this Document, any matter deemed to form<br />
part of this Document, provision of Services and any other information supplied by or on<br />
behalf of Purchaser or its employees, or otherwise arising in any way from the selection<br />
process for the Supply / provision of Services for the Project.<br />
3.3 Though adequate care has been taken while issuing the Bid document, the Bidder should<br />
satisfy him self that documents are complete in all respects. Intimation of any discrepancy/<br />
doubt shall be sent to the Purchaser address for speedy response.<br />
3.4 This document and the information contained herein are Strictly Confidential and are for use<br />
of only the person (s) to whom it is issued/ downloaded from the website. It may not be<br />
copied or distributed by the recipient to third parties (other than in confidence to the<br />
recipient‟s professional advisors).<br />
4 COST OF BIDDING:<br />
4.1 The Bidder shall bear all costs associated with the preparation and submission of its Bid and<br />
Purchaser will in no case be responsible or liable for those costs.<br />
5. BIDDING DOCUMENTS:<br />
5.1 The Scope of Work, Bidding Procedures and Contract Terms are described in the Bidding<br />
Documents. In addition to the covering Letter accompanying Bidding Documents, the<br />
Bidding documents include:<br />
(a) Invitation of Bids (IFB) - Section –I<br />
(b) Instruction to Bidders (ITB) - Section –II<br />
(c) General Terms and Conditions of Contract (GTCC) - Section –III<br />
(d) Technical Specification - Section –IV<br />
(e) List of Annexure - Section –V<br />
5.2 The Bidder is expected to examine the Bidding Documents, including all Instructions, Forms,<br />
Terms and Specifications. Failure to furnish all information required in the Bidding<br />
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documents or submission of a Bid not substantially responsive to the Bidding Documents in<br />
every respect will / may result in the rejection of the Bid.<br />
6. AMENDMENT OF BIDDING DOCUMENTS:<br />
6.1 At any time prior to the deadline for submission of Bids, the Purchaser may, for any reason,<br />
whether at its own initiative or in response to a clarification requested by a prospective<br />
Bidder, modify the Bidding Documents by way of issuing an addendum.<br />
6.2 The Amendment/ Addendum shall be part of the Bidding Documents, pursuant to Clause 6.1,<br />
and it will be binding on the bidders.<br />
6.3 In order to afford prospective Bidders reasonable time in which to take the amendment into<br />
account in preparing of their Bids, the Purchaser may, at its discretion, extend the deadline<br />
for the submission of Bids.<br />
7. LANGUAGE OF BID:<br />
The Bid, prepared by the Bidder, and all correspondence and documents relating to the Bid<br />
exchanged by the Bidder and the Purchaser, shall be written in the English Language. Any<br />
printed literature furnished by the Bidder may be written in another Language, provided that<br />
the literature is accompanied by an English translation, in which case, for purposes of<br />
interpretation of the Bid, the English translation shall govern.<br />
8. DOCUMENTS COMPRISING THE BID:<br />
8.1 The Bid prepared and submitted by the Bidder shall comprise of two parts i.e. Part-I<br />
(Techno-Commercial Bid), & Part-II (Price Bid) for each group separately.<br />
(A) The Part-I (Techno-Commercial Bid) must contain the following documents:<br />
(a) Bid Document signed by the bidder in every page, all other Schedules / Formats enclosed<br />
in the Bid-Document (i.e. Annexure-I, II, III, V, VI (A), VI (B), VII) duly filled in &<br />
signed by the bidder with seal in a separate envelop superscribed as Techno Commercial<br />
Bid. Bids containing information in formats other than our prescribed formats shall<br />
not be acceptable and may make the bid non-responsive.<br />
(b) Requisite Earnest Money Deposit (E.M.D) as per clause 5 of Section –I, IFB in a<br />
separate envelop superscribed as “EMD” failing which the bid may be treated nonresponsive.<br />
(i) Self attested copies of Purchase Orders executed in last 3 Years.<br />
(ii) Self attested copies of Performance Certificates / Successful contract<br />
completion Certificates from the buyers preferably from Electricity Distribution<br />
Utilities / Government Organizations.<br />
(iii) Satisfactory Inspection/Test Reports by any Electricity Distribution Utilities /<br />
Government Organizations.<br />
(iv) Copies of Profit & Loss Accounts & Audited Balance sheet indicating Turnover<br />
for best 3 financial years out of last 5 financial years.<br />
(c) Power of Attorney / Board resolution indicating that the person(s) signing the Bid have<br />
the authority to sign the Bid and as such the Bid is binding upon the Bidder during the<br />
full period of its validity, in accordance with clause 14.<br />
(d) Requisite Cost of Tender Document as per clause 5 of Section –I, IFB in shape of<br />
account payee Bank draft from a Nationalized/Scheduled Bank in favour of “The North<br />
Eastern Electricity Supply Company of Odisha Ltd.” Payable at Balasore is to be<br />
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enclosed along with the Bid, if the document is downloaded from our web-site.<br />
Or else, the Original Copy of Money Receipt for the payment made towards the cost of<br />
Tender Document is to be enclosed along with Bid, if the document is directly<br />
purchased from our Cash Counter at our Regd. Office.<br />
(B) Part-II (Price Bid) :<br />
The Price Bid shall contain the price schedules as per the prescribed format enclosed as<br />
(Annexure-V) duly filled in & signed by the bidder with seal.<br />
(This shall be submitted in a double sealed envelop separately duly superscribed as<br />
“Price Bid”)<br />
9.0 SUBMISSION OF BID :<br />
9.1 The Bidder shall complete and submit the Bid Document in duplicate enclosing all documents<br />
at clause “8” above in two sealed envelops for Original & Duplicate separately, superscribing<br />
the Tender Notice No……….., Date …, Date of Opening……… & Description of Material .<br />
9.2<br />
9.2.1<br />
E.M.D:<br />
The bidder shall submit E.M.D as a part of the bid in the prescribed manner for the amount<br />
mentioned in Clause No.5 of Section –I.<br />
9.2.2 The E.M.D is required to protect the Purchaser against the risk of bidder‟s conduct, which<br />
would warrant the security‟s forfeiture.<br />
9.2.3 The E.M.D shall be in the following form:<br />
A/C payee demand draft in favour of North Eastern Electricity Supply Company of<br />
Odisha Ltd. issued by a Nationalized/Scheduled Bank payable at Balasore.<br />
OR<br />
Bank Guarantee in favour of “North Eastern Electricity Supply Company of Odisha<br />
Ltd.” issued by a Nationalized/Scheduled bank encashable at local branch at<br />
Balasore only. The BG shall be strictly as per the format enclosed at Section – V,<br />
Annexure –VIII(A). The BG should be valid for 30 days beyond the bid validity period &<br />
NB: In case of any deficiency such as the ownership of the security bond (other than the<br />
issuing bank), deviation from the approved format, absence of signature of witness etc.<br />
found in the EMD Bank Guarantee, the same shall be liable for rejection upfront. The<br />
bidder will not be given any chance to rectify the same.<br />
9.2.4 Unsuccessful bidder‟s E.M.D shall be refunded back as promptly as possible, but not later<br />
than thirty (30) days after the expiry of the period of bid validity. The successful bidder‟s<br />
E.M.D shall be discharged upon furnishing of the performance security.<br />
9.2.5 The E.M.D may be forfeited due to following reasons:<br />
1) If the bidder withdraws bid during the period of bid validity specified by the bidder in the<br />
bid form.<br />
2) In case the successful bidder fails to sign the contract in specified time and / or fails to<br />
submit the requisite performance Bank guarantee.<br />
3) In case of failure to supply the materials / equipment during the contractual delivery<br />
period.<br />
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10.0 BID PRICE:<br />
10.1 Bidders have to quote for the entire quantity of materials/equipment covered under this<br />
specification strictly as per the enclosed format in Section –V. The total Bid Price shall also<br />
cover all the Supplier‟s obligations mentioned in or reasonably to be inferred from the<br />
Bidding Documents in respect of Design, Supply, testing, inspection, Transportation to<br />
site/stores, all in accordance with the requirement of Tender Documents. The Bidder shall<br />
complete the appropriate Price Schedules enclosed herein at Annexure – V, stating the<br />
Unit Price for each item, all other livable taxes & duties separately and thereby arriving<br />
at the total amount. Freight & Insurance per KM per MT for delivery at Balasore<br />
Store/Jajpur Road Store/Site should be mentioned separately.<br />
10.2 In case there is any increase in the number of units as compared to those mentioned in the<br />
IFB, the Contract Price shall be subject to increase proportionately on pro-rata basis.<br />
10.3 The Price offered shall be inclusive of all costs as well as Duties, Taxes and Levies paid or<br />
payable during implementation of the contract. If the Bidder is exempted from Excise duties,<br />
Concession in the Sales tax, levy of entry tax, same should be clearly mentioned supported<br />
with documentary evidence.<br />
10.4 Prices quoted by the Bidder shall be “Firm” and not subject to any price adjustment during<br />
the performance of the Contract. A Bid submitted with variable Price or an adjustable<br />
price clause shall be treated as non-responsive and rejected out rightly.<br />
11. CONTRACT PRICE:<br />
11.1 The Ex-Works Prices quoted for the Contract shall remain FIRM as per the above Parameters<br />
and Purchaser shall not compensate Bidder for any variations. However any variation in the<br />
taxes & duties within the schedule date of delivery shall be borne by the Purchaser, else the<br />
same shall be borne by the bidder.<br />
11.2 In case the Purchaser, revise the scope of woks, bidders shall be compensated based on the<br />
Unit Rate (Ex-Works) agreed upon before Order placement or as per mutually acceptable<br />
rates.<br />
12. BID CURRENCIES:<br />
12.1 Prices shall be quoted in Indian Rupees Only.<br />
13. DOCUMENTS ESTABLISHING CONFORMITY TO THE BIDDING DOCUMENTS:<br />
13.1 The bidder shall confirm by documentary evidence of the Good‟s conformity to the Bidding<br />
Documents by submitting materials/equipment data sheets.<br />
14. PERIOD OF VALIDITY OF BIDS:<br />
14.1 Bids shall remain valid for 180 days from the date of opening of commercial Bids.<br />
14.2 Notwithstanding Clause 14.1 above, the Purchaser may solicit the Bidder‟s consent to an<br />
extension of the Period of Bid Validity. The request and the responses thereto shall be made<br />
in writing or by Fax/ E-mail.<br />
15. ALTERNATIVE BIDS:<br />
15.1 Bidders shall submit Bids, which comply with the Tender Documents. Alternative bids shall<br />
not be considered for evaluation.<br />
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16. FORMAT AND SIGNING OF BID:<br />
16.1 The original Bid Form and accompanying documents (as specified in Clause 9 ), clearly<br />
marked “Original Bid”, plus one copy of the Techno-Commercial Proposal must be received<br />
by the Purchaser at the date, time and place specified pursuant to Clauses 17 and 18.<br />
The Price Bid in Original should be submitted in a separate sealed envelope marked as “Price<br />
Bid”. In the event of any discrepancy between the original and the copies, the original shall<br />
govern.<br />
16.2 The original and the duplicate copy of the Bid shall be typed or written legibly and shall be<br />
signed by the Bidder or a person or persons duly authorized to sign on behalf of the Bidder.<br />
Such authorization shall be indicated by written Power-of-Attorney/ Board Resolution<br />
accompanying the Bid.<br />
16.3 The Bid shall contain no interlineations, erasures, overwriting except as necessary to correct<br />
errors, made by the Bidder, in which case such corrections shall be initialed by the person or<br />
persons signing the Bid.<br />
17. SEALING AND MARKING OF BIDS:<br />
17.1 Bid submission: One Original, One Copy of all the Bid Documents shall be sealed and<br />
submitted to the Purchaser before the last date & time for submission of the bid.<br />
17.2 The Bid proposal should be divided into two parts and should be submitted in two separate<br />
sealed envelopes, addressed to Purchaser. All the envelopes should bear the Name and<br />
Address of the Bidder and marking is made for the Original and the duplicate copy. The<br />
envelopes should be superscribed with the title of its contents, as follows:<br />
i) TECH<strong>NO</strong>-COMMERCIAL BID ENVELOPE: Shall contain the Bid Security<br />
(EMD), Cost of Tender Document, all supporting documents for qualifying<br />
requirement of this tender, duly filled in formats Abstract of General Terms &<br />
Conditions, Declaration Form, Technical Data Schedule, Technical & Commercial<br />
Deviations formats, Un-quoted blank Price Schedule etc. enclosed at Annexure I, II,<br />
IV, V, VI (A), VI (B), VII, at Section-V of this document.<br />
ii)<br />
PRICE BID ENVELOPE: Shall contain the Price schedule duly filled in & signed<br />
as per Annexure –V at Section-V of this document. (This shall be submitted in a<br />
double sealed envelope separately.)<br />
17.3 The inner and outer envelopes shall:<br />
a) Be addressed to the Purchaser at the following address:<br />
Dy.General Manager (Purchase and Store), Corporate Office,<strong>NESCO</strong>: Januganj,<br />
Balasore –756019,Odisha<br />
Bear the Project name as: “Design, Manufacture, Testing, Inspection and Supply of Single<br />
phase energy meter as per Schedule of Requirement in Section-I) – Tender Notice No.<br />
<strong>NESCO</strong>/1PH. Meter/11 Dt. 25.10.12<br />
In addition to the information required in sub clause (a) and (b) above, the outer envelope<br />
shall indicate the name and address of the Bidder to enable the Bid to be returned unopened in<br />
case it is declared “Late” pursuant to Clause 20.<br />
17.4 The Bidders have the option of sending the Bids by Post/ Courier services or in person. Bids<br />
submitted by Telex/Telegram/Fax will not be accepted. No request from any Bidder to the<br />
Purchaser to collect the proposals from Airlines/ Cargo/Courier Agents etc. shall be<br />
entertained by the Purchaser.<br />
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18. DEADLINE FOR SUBMISSION OF BIDS:<br />
18.1 The original Bid together with required copies, must be received by the Purchaser at the<br />
address specified in Clause 17.3 not later than 13.30 Hrs. (IST) on/before the due date as<br />
indicated in the invitation for bids.<br />
18.2 The Purchaser may, at its discretion, extend the deadline for the submission of Bids by<br />
amending the Bidding Documents, in which case all rights and obligations of the Purchaser<br />
and Bidders previously subject to the deadline will thereafter be subject to the deadline as<br />
extended.<br />
19. ONE BID PER BIDDER:<br />
19.1 Each Bidder shall submit only one Bid by himself. A Bidder, who submits more than one Bid<br />
for the same item, will cause all those Bids to be rejected out rightly.<br />
20. LATE BIDS:<br />
20.1 Any Bid received by the Purchaser after the deadline for submission of Bids prescribed by the<br />
Purchaser, pursuant to Clause 18, will be declared “Late” and will be rejected out rightly and<br />
will be returned unopened to the Bidder.<br />
21. MODIFICATION AND WITHDRAWAL OF BIDS:<br />
21.1 The Bidder may modify or withdraw his Bid after the Bid‟s submission, provided that written<br />
notice of the modification or withdrawal is received by the Purchaser prior to the deadline<br />
prescribed for submission of Bids.<br />
21.2 The Bidder‟s modification or withdrawal notice shall be prepared, sealed, marked and<br />
dispatched in accordance with the provisions of Clause 17 & 18. A withdrawal notice may be<br />
sent by fax but must be followed by an original signed confirmation copy.<br />
21.3 No Bid can be modified subsequent to the deadline for submission of Bids.<br />
21.4 No Bid can be withdrawn in the interval between the deadline for submission of Bids and the<br />
expiry of the period of Bid validity specified by the Bidder on the Bid form as per clause 14.<br />
22.0 EVALUATION OF BID:<br />
22.1 PROCESS TO BE CONFIDENTIAL:<br />
Information relating to the examination, clarification, evaluation and comparison of Bids and<br />
recommendations for the award of a contract shall not be disclosed to Bidders or any other<br />
persons not officially concerned with such process. Any effort by a Bidder to influence the<br />
Purchaser‟s processing of Bids or award decisions may result in the rejection of the Bidder‟s<br />
Bid.<br />
23. CLARIFICATION OF BIDS:<br />
To assist in the examination, evaluation and comparison of Bids, the Purchaser may, at its<br />
discretion, ask the Bidder for a clarification of its Bid. All responses to requests for<br />
clarification shall be in writing and no change in the price or substance of the Bid shall be<br />
sought, offered or permitted.<br />
24. PRELIMINARY EXAMINATION OF BIDS / RESPONSIVENESS:<br />
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24.1 Purchaser will examine the Bids to determine whether they are complete, whether any<br />
computational error have been made , whether required sureties have been furnished, whether<br />
the documents have been properly signed, and whether the Bids are generally in order.<br />
24.2 Arithmetical errors will be rectified on the following basis. If there is a discrepancy between<br />
the unit price and the total price per item that is obtained by multiplying the unit price and<br />
quantity, the unit price shall prevail and the total price per item will be corrected. If there is a<br />
discrepancy between the total amount and the sum of the total price per item, the sum of the<br />
total price per item shall prevail and the Total Amount will be corrected.<br />
24.3 Prior to the detailed evaluation, pursuant to Clause 25, the Purchaser will determine the<br />
substantial responsiveness of each Bid to the Bidding Documents including production<br />
capability and acceptable quality of the materials offered, pursuant to Clause 13. Substantially<br />
responsive Bid is one, which conforms to all the terms and conditions of the Bidding<br />
Documents without material deviation.<br />
24.4 A Bid determined as not substantially responsive will be rejected by the Purchaser and will<br />
not subsequently allowed to be made responsive by the Bidder by correction of the non –<br />
conformity.<br />
25 EVALUATION AND COMPARISON OF BIDS:<br />
25.1 The evaluation of Bids shall be done basing on the delivered cost competitiveness basis for<br />
each item separately.<br />
25.2 The evaluation of the Bids shall be a stage-wise procedure. The following stages are identified<br />
for evaluation purposes:<br />
In the first stage, the Bids would be subjected to a responsiveness check as detailed in the<br />
clause 24. The Technical Proposals and the Commercial terms & conditions of the Bidders<br />
would be evaluated and discussed as per clause 26 of this document.<br />
Subsequently, the Financial Proposals along with Supplementary Financial Proposals, if any,<br />
of Bidders with Techno-commercially Acceptable Bids submitted prior to final evaluation<br />
shall be considered.<br />
25.3 The Purchaser‟s evaluation of a Bid will take into account, in addition to the Bid price,<br />
the following factors, in the manner and to the extent indicated in this Clause:<br />
a) Delivery Schedule:<br />
b) Deviations from Bidding Documents as mentioned in Non-Compliance Schedule.<br />
c) Past performance and capability to execute the contract.<br />
d) Inspection/Test reports<br />
26.0<br />
Bidders shall base their Bid price on the terms and conditions specified in the Bidding<br />
Documents. The Cost of all quantifiable deviations and omissions from the specification,<br />
terms and conditions, specified in Bidding Documents shall be evaluated. The Purchaser will<br />
make his own assessment of the cost of any deviation for the purpose of ensuring fair<br />
comparison of Bids.<br />
AWARD OF CONTRACT:<br />
In normal circumstances the Purchaser will generally award the Contract to the successful<br />
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Bidder whose Bid has been determined to be the lowest evaluated responsive Bid, provided<br />
further that the Bidder has been determined to be qualified to perform the Contract<br />
satisfactorily. The purchaser reserves the right to distribute the tender quantity among the<br />
qualified bidders at the lowest price.<br />
26.1 CONTACTING THE PURCHASER:<br />
26.1.1 From the time between Bid opening to award of contract, if any Bidder wishes to contact the<br />
Purchaser on any matter related to the Bid, he should do so in writing.<br />
26.1.2 Any effort by a Bidder to influence the Purchaser and / or in the Purchaser‟s decisions in<br />
respect of Bid evaluation, Bid comparison or Contract of Award, will result in the rejection of<br />
the Bidder‟s Bid.<br />
26.2 THE PURCHASER‟S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR<br />
ALL BIDS OR TO RELAX ANY TERMS AND CONDITIONS:<br />
26.2.1 The Purchaser reserves the right to accept or reject any Bid and to annul the Bidding process<br />
and reject all Bids at any time prior to award of Contract, without thereby incurring any<br />
liability to the affected Bidder or Bidders or any obligation to inform the affected Bidder or<br />
Bidders regarding the grounds for the Purchaser‟s action.<br />
26.2.2 In the interest of work, the Purchaser reserves the right to relax any terms and conditions<br />
without affecting the quality & price of the equipments.<br />
26.3 The Purchaser will award the Contract to the successful Bidder whose Bid has been<br />
determined to be the lowest- evaluated responsive Bid, provided further that the Bidder has<br />
been determined to be qualified to perform the Contract satisfactorily. The Purchaser at its<br />
option/ discretion may split the total quantity to be supplied between two or more Techno-<br />
Commercially responsive Bidders in case of the bid prices are same and early delivery is<br />
required by the purchaser.<br />
26.4 THE PURCHASER‟S RIGHT TO VARY QUANTITIES:<br />
The Purchaser reserves the right to vary the quantity i.e. increase or decrease the number of<br />
materials without any change in terms and conditions at the time of placing the orders or<br />
during the execution of the Contract.<br />
26.5 LETTER OF INTENT / <strong>NO</strong>TIFICATION OF AWARD:<br />
26.5.1 The letter of intent / Notification of Award shall be issued to the successful Bidder(s) whose<br />
bid(s) have been considered responsive, techno-commercially acceptable and evaluated to be<br />
the Lowest (L1). The successful Bidder shall be required to furnish a letter of acceptance to it<br />
within 5 days of issue of the letter of intent / Notification of Award by Purchaser.<br />
27.0 PERFORMANCE SECURITY:<br />
27.1 Within 15 days of the receipt of Notification of Award / Letter of Intent from the Purchaser,<br />
the successful Bidder shall furnish the Performance Security in the form of Bank Guarantee<br />
executed on non-judicial stamp paper worth Rs.100/- (Rupees One hundred only) issued by a<br />
Public Sector Bank in favour of the Purchaser encashable at Balasore only for an amount of<br />
10% (ten percent) of the Contract Price in accordance with the General Conditions of<br />
Contract in the Performance Security Form provided in Section –V of Bidding Documents.<br />
The Bank Guarantee shall be valid for a period not less than 90 days over and above the<br />
guarantee period.<br />
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28. CORRUPT OR FRAUDULENT PRACTICE:<br />
28.1 The Purchaser requires that the Bidders observe the highest standard of ethics during the<br />
procurement and execution of the Project. In pursuance of this policy, the Purchaser:<br />
a) Defines, for the purposes of this provision, the terms set forth below as follows:<br />
(i)<br />
(ii)<br />
“Corrupt practice” means behavior on the part of officials in the public or private<br />
sectors by which they improperly and unlawfully enrich themselves and/ or those<br />
close to them, or induce others to do so, by misusing the position in which they are<br />
placed, and it includes the offering, giving, receiving, or soliciting of anything of<br />
value to influence the action of any such official in the procurement process or in<br />
contract execution; and<br />
“Fraudulent practice” means a misre1presentation of facts in order to influence a<br />
procurement process or the execution of a contract to the detriment of the Purchaser,<br />
and includes collusive practice amount Bidders (prior to or after Bid submission )<br />
designed to establish Bid prices at artificial non-competitive levels and to deprive the<br />
Purchaser of the benefits of free and open competition.<br />
b) Purchaser will reject a proposal for award if it determines that the Bidder recommended for<br />
award has engaged in corrupt or fraudulent practice in competing for the contract in question.<br />
c) Purchaser will declare a firm ineligible, either indefinitely or for a stated period of time, to be<br />
awarded an contract if he at any time determines that the firm is engaged in corrupt or<br />
fraudulent practice in competing for, or in executing, the Contract.<br />
28.2 Further more, Bidders shall be aware of the provision stated in the General Terms and<br />
Conditions of Contract.<br />
29.0. LITIGATION HISTORY:<br />
The Bidder should provide accurate information on any litigation or arbitration resulting on<br />
contracts completed or under execution by him over the last three (3) years. A consistent<br />
history of awards involving litigation against the Bidder or any Partner of the joint<br />
venture/Consortium may result in disqualification of Bid.<br />
Dy. General Manager (Purchase & Store)<br />
<strong>NESCO</strong>, Balasore, Odisha<br />
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SECTION – III<br />
GENERAL CONDITIONS OF CONTRACT<br />
(GCC)<br />
<strong>TENDER</strong> <strong><strong>NO</strong>TICE</strong> <strong>NO</strong>: <strong>NESCO</strong>/<strong>CAPEX</strong>/<strong>SUPPLY</strong> &<br />
INSTALLATIN/ 15<br />
Date: 21.01.13<br />
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1.0 GENERAL: -<br />
SECTION – III<br />
GENERAL CONDITIONS OF CONTRACT (GCC)<br />
GROUP- A AND GROUP -B<br />
<strong>NESCO</strong> hereinafter referred to as the “Owner” is desirous of construction of various<br />
System Improvement Works under the <strong>CAPEX</strong> Program, on „turnkey‟ basis in their<br />
licensed area in the state of Odisha as described below:<br />
(i) Construction of HVDS Systems<br />
(ii) Construction of New 11 KV/ 33 KV HT Three Phase Line with AAA Conductor<br />
(iii) Up-gradation of Conductor size of existing 11 KV / 33 KV HT Three Phase Line<br />
(iv) Shifting of existing 11 KV/33 KV HT Three Phase Lines.<br />
(v) Dismantling of existing LT Bare Conductors and Installation of AB Cable<br />
(vi) Construction of new 33/11 KV Primary Substation.<br />
(vii) Other related works (if any).<br />
(viii) Up-gradation of transformer capacity and infrastructure development in existing<br />
33/11 KV Primary Substations including erection, commissioning and installed<br />
equipments.<br />
(ix) Installation of Earthing for Sub-stations at different locations.<br />
(x) Erection of 11 KV Capacitor Bank at different locations.<br />
(xi) Erection of PSC poles against replacement of damage poles.<br />
(xii) DTR metering from 25KVA transformer to above.<br />
2.0 Scope of Work: -<br />
2.01 The scope shall include supply and installation of all materials & equipments to complete<br />
the works except the following materials/ equipments which shall be supplied by the<br />
<strong>NESCO</strong> –<br />
a) Power & Distribution (including Station) Transformers.<br />
b) AAA Conductor<br />
c) AB Cables & Accessories (Suspension clamp, Tension Clamp, Piercing<br />
connector, neutral Connector, Eye Hook only)<br />
d) 11 KV & 33 KV VCB, CT, PT & CR Panels<br />
e) Transformer Distribution Boxes<br />
2.02 The detailed scope of the work shall include;<br />
i. Detailed survey of substation, line and preparation of SLD / BOQ to be done by the<br />
bidder<br />
ii. Complete manufacture, including shop testing & supply of materials from the<br />
approved vendor (materials which are to be supplied by the bidder) on subsequent<br />
approval of the owner.<br />
iii. Providing Engineering drawing, data, operational manual, etc for the Owner‟s<br />
approval;<br />
iv. Packing and transportation from the manufacturer‟s works to the site.<br />
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v. Receipt, storage, preservation and conservation of equipment at the site.<br />
vi. Pre-assembly, if any, erection testing and commissioning of all the equipment;<br />
vii. Reliability tests and performance and guarantee tests on completion of<br />
commissioning;<br />
viii. Loading, unloading and transportation as required.<br />
ix. Erection of equipments in Sub-station including civil works.<br />
x. Erection of lines of specified voltage.<br />
xi. Testing, Commissioning of substations and lines / installations<br />
xii. Storing before erection<br />
xiii. Getting the substations & lines inspected by Electrical Inspector after completion of<br />
work.<br />
xiv. Transportation and transit insurance of all free issue materials to be supplied from<br />
Owner‟s nearest stores to site and as well as all other required materials (under the<br />
scope of supply by bidder) from supplier‟s premises to work site, construction of new<br />
electrical / civil structures, etc.<br />
xv. Dismantling of existing electrical structures and return of these dismantled items at the<br />
Owner‟s stores, safe custody of the items and return of unused Owner‟s supplied<br />
materials to the Owner‟s stores.<br />
3.0 DEFINITION OF TERMS<br />
(i) The „Contract ‟means the agreement entered into between the Owner and the<br />
(ii)<br />
(iii)<br />
(iv)<br />
(v)<br />
Contractor as per the Contract Agreement signed by the parties, including all<br />
attachments and appendices there to and all documents incorporated by reference<br />
therein.<br />
„Owner‟ shall mean <strong>NESCO</strong> and shall include its legal representatives, successors<br />
and assigns.<br />
„Contractor‟ shall mean the Bidder whose bid will be accepted by the Owner for the<br />
award of the Works and shall include such successful Bidder‟s legal representatives,<br />
successors and permitted assigns.<br />
„Sub-Contractor‟ shall mean the person named in the Contract for any part of the<br />
works or any person to whom any part of the Contract has been sublet by the<br />
contractor with the consent in writing of the Owner and will include the legal<br />
representatives, successors and permitted assigns of such person.<br />
„Engineer in Charge‟ shall mean the officer appointed in writing by the Owner to act<br />
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(vi)<br />
(vii)<br />
(viii)<br />
(ix)<br />
(x)<br />
(xi)<br />
(xii)<br />
(xiii)<br />
(xiv)<br />
(xv)<br />
(xvi)<br />
as Engineer from time to time for the purpose of the Contract.<br />
„Specifications‟ shall mean the specifications and Bidding Document forming a part<br />
of the Contract and such other schedules and drawings as may be mutually agreed<br />
upon.<br />
„Site‟ shall mean and include the land and other places on, into or through which the<br />
works and the related facilities are to be erected or installed and any adjacent land,<br />
paths, street or reservoir which may be allocated or used by the Owner or Contractor<br />
in the performance of the Contract.<br />
„Inspector‟ shall mean the Purchaser or any person nominated by the Owner from<br />
time to time, to inspect the equipment; stores or Works under the Contract and/or the<br />
duly authorized representative of the Owner.<br />
„Notice of Award of Contract‟/ „Letter of Award‟ shall mean the official notice<br />
issued by the Owner notifying the Contractor that his bid has been accepted.<br />
„Date of Contract‟ shall mean the date on which notice of Award of Contract/ Letter<br />
of Award has been issued.<br />
„Performance and Guarantee Tests‟, shall mean all operational checks and tests<br />
required to determine and demonstrate capacity, efficiency, and operating<br />
characteristics as specified in the Contract Documents.<br />
The term „Final Acceptance‟/ „Taking Over‟ shall mean the Owner‟s written<br />
acceptance of the works performed under the Contract, after successful<br />
commissioning/ completion of Performance and Guarantee Tests, as specified in the<br />
accompanying Technical Specifications or otherwise agreed in the contract.<br />
„Commercial Operation‟ shall mean the condition of operation in which the<br />
complete equipment covered under the Contract is officially declared by the Owner to<br />
be available for continuous operation at different loads up to and including rated<br />
capacity. Such declaration by the Owner, however, shall not relieve or prejudice the<br />
Contractor of any of his obligations under the Contract.<br />
Words imparting „Person‟ shall include firms, companies, corporations and<br />
associations or bodies of individuals, whether incorporated or not.<br />
Terms and expressions not herein defined shall have the same meaning as are<br />
assigned to them in the Indian Sale of goods Act (1930), failing that in the Indian<br />
Contract Act (1872) and failing that in the General Clauses Act (1897) including<br />
amendments thereof, if any.<br />
In addition to the above the following definition shall also apply<br />
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a) „All equipment and materials‟ to be supplied shall also mean „Goods‟<br />
b) „Constructed‟ shall also mean erected and installed.<br />
c) „Contract Performance Guarantee‟ shall also mean „Contract<br />
Performance Security‟.<br />
4.0 SUBMISSION OF <strong>TENDER</strong>: -<br />
4.01 Sealed tenders in Two parts each in duplicate, each complete in all respects in the manner<br />
hereinafter specified are to be submitted at CORPORATE OFFICE,<br />
JANUGANJ, <strong>NESCO</strong>, BALASORE-756019 on or before the date and time specified in<br />
the notice inviting the tenders. Bids shall be submitted as per format provided in<br />
Section – III & IV. Each copy of the bids (original and duplicate) shall be submitted<br />
in separate double sealed envelopes superscripted on each of the covers the tender<br />
specification number and the due date of opening of the bids on the right hand top side of<br />
the envelop. On the left top side original/ duplicate as is relevant shall be written.<br />
4.02 The tenders are required to be submitted in Two Parts each in separate double sealed<br />
covers for Group ( Gr.A/ Gr.B/ Gr.C ) separately.<br />
‣ Part - I: Superscribed as “Technical and commercial bid” shall contain EMD, Cost of<br />
Bid Documents and Techno commercial documents.<br />
‣ Part - II, Superscribed as “Price Bid”. The Part - II should contain only Price bid.<br />
4.03 Fax and Telegraphic tenders shall not be accepted.<br />
4.04 Receipt of bids/ revised bids after the cut off time and date as specified in the Tender<br />
specification shall not be permitted and such bids shall be rejected outright. The Owner<br />
shall not be responsible for any delay in transit in post / courier etc. in this regard.<br />
5.0 VALIDITY:-<br />
The offer shall be valid for a period not less than 180 days from the date of bid opening.<br />
6.0 PRICE: -<br />
Bidders are required to quote firm price as per the prescribed format enclosed in<br />
Section – III. The quoted price shall be firm and inclusive of all taxes, duties, freight &<br />
insurance and other levies, if any. Owner shall not be liable to pay anything extra over<br />
and above the quoted price.<br />
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7.0 RECEIPT AND OPENING OF THE BID: -<br />
7.01 Bids in duplicate as described under clause 4.0 shall be received in the office of the<br />
Owner and shall be opened on the scheduled date and time. The Owner‟s authorized<br />
representatives shall open bids in the presence of Bidders‟ representatives on the date and<br />
time for opening of bids as specified in the Invitation to Bid or in case any extension has<br />
been given thereto, on the extended bid opening date and time notified.<br />
7.02 Maximum one representative for each bidder shall be allowed to witness the opening of<br />
bids. The representative must produce suitable authorization in this regard to be eligible<br />
to witness the bid opening on behalf of the bidder. Bidders‟ representatives who are<br />
present shall sign in a register evidencing their attendance.<br />
7.03 The Bidders‟ names, bid prices, modifications, bid withdrawals and the presence or<br />
absence of the requisite bid guarantee and such other details as the Owner, at its<br />
discretion, may consider appropriate will be announced at the opening. No electronic<br />
recording devices will be permitted during bid opening.<br />
7.04 Information relating to the examination, clarification, evaluation and comparison of Bids<br />
and recommendations for the award of a contract shall not be disclosed to Bidders or any<br />
other persons not officially concerned with such process. Any effort by a Bidder to<br />
influence the Owner‟s processing of Bids or award decisions may result in the rejection<br />
of the Bidder's Bid.<br />
8.0 EVALUATION OF BIDS & AWARD OF CONTRACT:<br />
8.01 To assist in the examination, evaluation and comparison of Bids, the Owner may, at its<br />
discretion, ask the Bidder for a clarification of its Bid. All responses to requests for<br />
clarification shall be in writing and no change in the price or substance of the Bid shall be<br />
sought, offered or permitted.<br />
8.02 Owner will examine the Bids to determine whether they are complete, whether any<br />
computational errors have been made, whether required sureties have been furnished,<br />
whether the documents have been properly signed, and whether the Bids are generally in<br />
order.<br />
8.03 Arithmetical errors will be rectified on the following basis. If there is a discrepancy<br />
between the unit price and the total price per item that is obtained by multiplying the unit<br />
price and quantity, the unit price shall prevail and the total price per item will be<br />
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corrected. If there is a discrepancy between the Total Amount and the sum of the total<br />
price per item, the sum of the total price per item shall prevail and the Total Amount will<br />
be corrected.<br />
8.04 Prior to the detailed evaluation, Owner will determine the substantial responsiveness of<br />
each Bid to the Bidding Documents including production capability and acceptable<br />
quality of the Goods offered. A substantially responsive Bid is one, which conforms to all<br />
the terms and conditions of the Bidding Documents without material deviation.<br />
8.05 The Owner‟s evaluation of a Bid will take into account, in addition to the Bid price, the<br />
following factors, in the manner and to the extent indicated in this Clause:<br />
(a) Work Schedule<br />
(b) Deviations from Bidding Documents<br />
8.06 The Owner will award the Contract to the successful Bidder whose Bid has been<br />
determined to be the lowest - evaluated responsive Bid,, when the lowest bidders is not<br />
ready and/or capable to undertake the entire work envisaged, then the Owner may explore<br />
the possibility of the execution of works through other bidders if they are willing to<br />
execute at L1 rate. Such exploration shall be carried out in a sequential order starting<br />
with L2 bidder then with L3 bidder and so on.<br />
8.07 In case of omission of any item in the price bid or the price for the item has not been<br />
quoted by the firm, then zero cost shall be loaded to the bid and the contract shall be<br />
awarded with zero cost that means the firm will have to bear the cost of that item entirely<br />
as the item price shall be considered as inclusive anywhere in other items. The bidder<br />
shall have to give an undertaking to the effect that prices for any item not quoted shall be<br />
treated as free supply or to be done free of cost.<br />
9.0 EARNEST MONEY DEPOSIT (EMD):-<br />
9.01 The Tender must be accompanied by Earnest Money Deposit as described in the Tender<br />
Notice in shape Demand Draft / Bank Guarantee issued by a Scheduled Bank (valid<br />
for 30 days beyond the validity of bid) in favour of “North Eastern Electricity<br />
Supply Company of Orissa Ltd.” payable at Balasore. Bids without EMD deposit will<br />
be rejected out rightly. The Bank Guarantee for EMD shall be strictly as per the<br />
format (Annexure – XVI) prescribed by the Owner. In case of any deficiency such<br />
as the ownership of the security bond (other than the issuing bank), deviation from the<br />
approved<br />
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format, absence of signature of witness etc. found in the EMD Bank Guarantee, the same<br />
shall be liable for rejection upfront. The bidder will not be given any chance to rectify the<br />
same.<br />
NB:<br />
1) The validity of EMD BG shall be minimum for 30 days over and above the<br />
validity of the tender (180 days) i.e., 210 days from the date of opening of the tender.<br />
2) In case of Joint Venture / Consortium, EMD in shape of BG shall be provided by<br />
the Lead Partner.<br />
9.02 No adjustment of any previous deposit or any amount payable from Purchaser shall be<br />
entertained for EMD. EMD amount so submitted shall not carry any interest payable to<br />
the bidder.<br />
9.03 The Earnest Money so deposited shall be forfeited:<br />
(a) if the Bidder:<br />
i) withdraws its bid during the period of bid validity specified by the Bidder in the<br />
Bid Form; or<br />
(b) in the case of a successful Bidder, if the Bidder fails:<br />
(i) to sign the Contract, or<br />
(ii) to furnish the required Contract Performance Bank Guarantee.<br />
9.04 The EMD of unsuccessful bidders shall be returned within 30 days from the date of<br />
finalization of the order.<br />
10.0 OWNER‟S RIGHT TO VARY QUANTITIES AT TIME OF AWARD:<br />
While placing orders and / or during execution of contract, Owner reserve the right to<br />
increase or decrease the quantity of goods and services specified in the Schedule of<br />
Requirement up to 20% of the tender quantity without any change in price or other terms<br />
and conditions.<br />
11.0 INSPECTION AND TESTING:-<br />
11.1 All the materials shall be inspected by the Owner or any authorized representative of the<br />
Owner or jointly by the Owner/Owners Authorized Representatives with the Third Party<br />
Inspection Evaluation Agency (TPIEA) engaged by the nodal agency (i.e. GRIDCO Ltd.)<br />
for the Capex Programme as per relevant ISS at the Contractor‟s or its Sub-Vendors<br />
manufacturing works. They shall give the advance notice in writing about the place of<br />
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Inspection and or testing at least 15 days before the schedule date on which the materials<br />
will be ready for Inspection & Testing.<br />
11.2 The Engineer-in-charge shall be entitled at all reasonable times during manufacture /<br />
installation to inspect examine and test the materials at the contractor‟s premises /<br />
erection site about workmanship of the materials to be supplied under this contract. If the<br />
said materials are being manufactured in other premises, the contractor shall provide<br />
unhindered clearance, giving full rights to the purchaser to inspect, examine and test as if<br />
the materials were being manufactured in his premises. Such inspection / examination<br />
and testing shall not relieve the contractor of his obligations to execute the contract by<br />
letter and spirit. The contractor shall give the purchaser advance notice in writing of the<br />
Date and the Place at which the materials will be ready for testing. The inspecting officer<br />
coordinating office for the entire work shall be the Owner‟s authorized representative.<br />
12.0 COMPLETION AND COMPLETENESS OF THE EQUIPMENT:-<br />
12.01 Time being the essence of the contract; the work shall be completed within 12 (twelve)<br />
months from the date of issue of work order.<br />
12.02 The work shall be treated as complete item wise when one item shall be complete in all<br />
respects with all mountings, fixtures and standard accessories which are normally<br />
supplied even though not specifically detailed in the specification. No extra payment<br />
shall be payable for such mounting, fittings, fixtures and accessories which are needed<br />
for safe operations of the equipment as required by applicable code of the country though<br />
this might not have included in the contract.<br />
12.03 All similar components and/or parts of similar equipment supplied shall be interchangeable<br />
with one another. Various equipments supplied under this contract shall be<br />
subject to Owner‟s approval.<br />
12.04 Purchaser however reserves the right to re-schedule the completion period, if required.<br />
13.0 REJECTION OF MATERIALS: -<br />
In the event of the materials supplied by the contractor and/or the installation works are<br />
found to be defective in quality and the workmanship is poor or otherwise not in<br />
conformity with the requirements of the contract specification as per section-IV<br />
(Technical specification), Owner shall reject such materials / services and ask the<br />
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contractor in writing to replace / rectify the defects. The contractor on receipt of such<br />
notification shall rectify or replace the defective materials and/or re-install the work<br />
already executed, free of cost to the Owner. If the contactor fails to do so the Purchaser<br />
may at his option take the following actions which could be on concurrent basis.<br />
A) Replace or rectify such defective materials and recover the extra cost so involved<br />
plus 25% from the Contractor.<br />
B) Terminate the contract for balance supply and erection with enforcement of<br />
penalty as per contract.<br />
C) Acquire the defective materials at reduced price considered acceptable under the<br />
circumstances.<br />
D) Forfeit the Contract Performance Bank Guarantee.<br />
14.0 EXPERIENCE OF BIDDERS: -<br />
The bidders are required to furnish information regarding their experience on the<br />
following aspects as per format provided in Section – IV, Annexure VII (A) & (B):<br />
i. Description of similar type of work with same or higher voltage level executed<br />
ii.<br />
iii.<br />
during the last three years with the name(s) of the party(s) to whom / where<br />
supplies / erection were made.<br />
The list of testing equipments/ facilities available to execute the contract covering<br />
both OSM and supply by the Contractor himself. Also the area of access of the<br />
Contractor through other agency must be indicated.<br />
Purchase / work orders details (P.O / W.O No. and date only) executed<br />
(construction work) during the last three years along with Electrical inspection<br />
report copies and copies of user‟s performance certificates.<br />
Bids may not be considered if the past performance is found to be un-satisfactory.<br />
15.0 DEVIATION FROM SPECIFICATION: -<br />
The bidders are requested to study the specification and the attached drawings thoroughly<br />
before tendering so that if they make any deviations, the same are prominently brought<br />
on a separate sheet under the headings “Deviations” as per formats provided under<br />
Section IV, Annexure – VIII & IX. All such deviations to the technical & commercial<br />
terms of the specification shall be indicated in a separate list as indicated above. In<br />
absence of such deviation schedule, it will be presumed that the bidder has accepted all<br />
the conditions stipulated in the tender specification, not withstanding any deviations<br />
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mentioned elsewhere in the Bid. However the acceptance of deviation is not binding on<br />
the Owner.<br />
16.0 CONTRACTOR TO INFORM HIMSELF FULLY: -<br />
The contractor shall examine the instructions, general conditions of the contract,<br />
specifications and the schedule of quantity and delivery to satisfy himself as to all the<br />
terms and conditions and circumstances affecting the contract price. He shall quote prices<br />
according to his own judgment and shall understand that no additional cost except as<br />
quoted shall only be considered.<br />
17.0 PATENT RIGHT: -<br />
The contractor shall indemnify the Owner against all claims, actions, suits and<br />
proceedings for the alleged infringement any patent design or copy right protected either<br />
in country of origin or in India by the use of any equipment supplied by the contractor but<br />
such indemnity shall not cover any use of the equipment other than for the purpose<br />
indicated by or reasonable to be informed from the specification.<br />
18.0 GUARANTEE PERIOD: -<br />
18.01 The materials to be supplied by the contractor shall be guaranteed for satisfactory<br />
operation against defects in design and workmanship for a period of 24 months from the<br />
date of handing over the completed installations after commercial operation at required<br />
voltage level.<br />
18.02 The above guarantee certificate shall be furnished in triplicate to the Owner for his<br />
approval. Any defects noticed during the above period should be rectified by the<br />
Contractor free of cost to the Utility provided such defects are due to faulty design, bad<br />
workmanship or bad materials used on receipt of written notice from the Owner. The<br />
Contractor as notified by the Owner shall rectify any such defects within one month<br />
failing which the Owner will set right the defects through other agency and recover the<br />
cost so incurred either from any pending Invoices or Bank Guarantee.<br />
19.0 PENALTY FOR DELAY IN COMPLETION OF CONTRACT: -<br />
19.01 If the contractor fails to complete the works by the scheduled period or any extension<br />
granted thereby, the contractor shall be liable for payment of penalty amounting to 0.5%<br />
(half percent) of the contract price per week of un-finished works subject to the<br />
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maximum of 5% (five percent) of the total contract price and subject to force majeure<br />
conditions. After receipt of LOA, the Contractor shall sign a contract agreement with the<br />
Owner within 15 days along with the detail work plan through PERT chart/BAR chart.<br />
The penalty for liquidated damage as mentioned above will be levied if any deviation to<br />
be schedule on any item of work due to the fault of the contractor is observed.<br />
19.02 Penalty amount can be realized from the proceeds of the Contract Performance Bank<br />
Guarantee, if the situation so warrants.<br />
19.03 Extension of delivery period could be with / without levy of penalty with the discretion of<br />
Owner.<br />
20.0 RIGHT OF WAY:<br />
Right of way issues, if any, arising during execution of the works shall have no liability<br />
on the Owner. These issues shall be settled at the sole discretion of the Contractor. The<br />
Owner shall however extend all possible help to the Contractor including discussion with<br />
the local authorities for early resolution of these issues.<br />
21.0 CONTRACTOR‟S DEFAULT:<br />
21.01 If the Contractor neglects to execute the works with due diligence and expedition or<br />
refuses or neglects to comply with any reasonable order given to him, in writing by the<br />
Engineer in connection with the works or contravenes the provisions or the contract, the<br />
Owner may give notice in writing to the Contractor to make good the failure, neglect or<br />
contravention complained of. Should the Contractor fail to comply with the notice within<br />
thirty (30) days from the date of serving the notice, the Owner shall be at liberty to<br />
employ other workmen and forthwith execute such part of the works as the contractor<br />
may have neglected to do or if the Owner thinks fit, without prejudice to any other right,<br />
he may have under the Contract to take the work wholly or in part out of the Contractor‟s<br />
hands and re-contract with any other person or persons to complete the works or any part<br />
thereof and in that event the Owner shall have free use of all Contractor‟s equipment that<br />
may have been at the time on the Site in connection with the works without being<br />
responsible to the Contractor for fair wear and tear thereof and to the exclusion of any<br />
right of the Contractor over the same, and the Owner shall be entitled to retain and apply<br />
any balance which may otherwise be due on the Contract by him to the Contractor, or<br />
such part thereof as may be necessary, to the payment of the cost of executing the said<br />
part of works or of completing the works as the case may be. If the cost of completing of<br />
works or executing part thereof as aforesaid shall exceed the balance due to the<br />
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Contractor, the Contractor shall pay such excess. Such payment of excess amount shall<br />
be independent of the liquidated damages for delay which the Contractor shall have to<br />
pay if the completion of works is delayed.<br />
21.02 In addition, such action by the Owner as aforesaid shall not relieve the Contractor of his<br />
liability to pay liquidated damages for delay in completion of works.<br />
21.03 Such action by the Owner as aforesaid the termination of the Contract under this clause<br />
shall not entitle the Contractor to reduce the value of the Contract Performance Guarantee<br />
nor the time thereof. The Contract Performance Guarantee shall be valid for the full value<br />
and for the full period of the Contract including guarantee.<br />
22.0 TERMINATION OF CONTRACT ON OWNER‟S INITIATIVE:<br />
22.01 Owner reserves the right to terminate the Contract either in part or in full due to reasons<br />
other than those mentioned under clause entitled „Contractor‟s Default‟. The Owner shall<br />
in such an event give fifteen (15) days notice in writing to the Contractor of his decision<br />
to do so.<br />
22.02 The Contractor upon receipt of such notice shall discontinue the work on the date and to<br />
the extent specified in the notice, make all reasonable efforts to obtain cancellation of all<br />
orders and Contracts to the extent they related to the work terminated and terms<br />
satisfactory or the Owner, stop all further sub-contracting or purchasing activity related to<br />
the work terminated, and assist Owner in maintenance, protection, and disposition of the<br />
works acquired under the Contract by the Purchaser. In the event of such a termination<br />
the Contractor shall be paid compensation, equitable and reasonable, dictated by the<br />
circumstance prevalent at the time of termination to be determined by the arbitrator<br />
without stopping the work but to carry out the left over work to other agency.<br />
22.03 If the Contractor is an individual or a proprietary concern and the individual or the<br />
proprietor dies and if the Contractor is a partnership concern and one of the partners dies<br />
then unless the Owner is satisfied that the legal representatives of the individual<br />
Contractor or of the proprietor of the propriety concern and in the case of partnership, the<br />
surviving partners, are capable of carrying out and in the case of partnership, the<br />
surviving partners, are capable of carrying out and completing the Contract the Owner<br />
shall be entitled to cancel the Contract as to its uncompleted part without being in any<br />
way liable to payment of any compensation to the estate of deceased Contractor and /or<br />
to the surviving partners of the Contractor‟s firm on account of the cancellation of the<br />
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contract. The decision of the Owner that the legal representatives of the deceased<br />
Contractor or surviving partners of the Contractor‟s firm cannot carry out and complete<br />
the contract shall be final and binding on the parties. In the event of such cancellation the<br />
Owner shall not hold the estate of the deceased Contractor and/ or the surviving partners<br />
of the Contractor‟s firm liable to damages for not completing the Contract.<br />
23.0 FORCE MAJEURE: -<br />
The Contractor shall not be liable for any penalty for delay or for failure to perform the<br />
contract for reasons of Force Majeure such as “acts of God, acts of the Public enemy, acts<br />
of Govt., Fires, Flood, Epidemics, Quarantine restrictions, Strikes, Freight Embargos and<br />
provided that the Contractor shall within ten (10) days from the beginning of such delay<br />
notify the Owner in writing of the cause of delay. The Owner shall verify the facts and<br />
grant extension as facts justify.<br />
24.0 EXTENSION OF TIME: -<br />
If the delivery of the equipments / materials is delayed due to reasons beyond the control<br />
of the Contractor, the Contractor shall immediately inform within 3 days to the Owner in<br />
writing of his claim for an extension of time. The Owner on receipt of such notice may<br />
agree to extend the contract period as may be reasonable but without prejudice to other<br />
terms & conditions of the contract.<br />
25.0 SAFETY PRECAUTIONS:-<br />
The agency shall observe all applicable regulations regarding safety at the Site. Any<br />
compensation due on account of accident at site shall be to the contractor‟s account.<br />
26.0 STORE:-<br />
Storing of materials from supply to erection shall be arranged by the contractor at his<br />
own cost. No compensation shall be made by the Owner for any damage or loss of<br />
materials during storing, transit transportation and at the time of erection.<br />
27.0 INSURANCE: -<br />
Contractor shall arrange adequate Transit-cum-storage-cum-erection policy and shall<br />
submit the copy of the same to the Owner. The policy shall initially remain valid for a<br />
period of sixty days over & above of the contractual guarantee period and shall be<br />
extended as required till handing over. Contractor shall be responsible for lodging of<br />
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claim with the insurer as well as for all required follow up with the insurer for settlement<br />
of claim in case of loss/damage/theft of material during transit/storage/erection till the<br />
completed works is handed over to the Purchaser and is accepted by the authorized<br />
representative of the Purchaser in writing.<br />
Contractor shall also arrange adequate cover for his employees / labourers engaged in the<br />
works as well as arrange third party insurance cover to indemnify any possible damages<br />
to public at large not connected with the works process. Any claim(s) pertaining to this<br />
shall be the responsibility of the Contractor.<br />
The contractor shall undertake free replacement of the materials damaged or lost during<br />
transit, which will be intimated by the Consignee within 30 days of receipt of the<br />
materials at Owner‟s stores.<br />
28.0 ENGINEER IN CHARGE:-<br />
Concerned Divisional Head / authorized engineer of the Owner shall be the Engineer in<br />
charge for the Project.<br />
29.0 CONTRACT PERFORMANCE BANK GUARANTEE:-<br />
29.01 Within 15 days of issue of the Work Order or Letter of Award, whichever is earlier, the<br />
Contractor shall submit Contract Performance Bank Guarantee issued by a scheduled<br />
Bank, in favour of <strong>NESCO</strong> Ltd. Balasore, covering 10% of the total value of the work<br />
order,<br />
29.02 The said Bank Guarantee shall be prepared in the prescribed proforma as attached in<br />
Section V, Annexure - III. The Bank Guarantee furnished shall be executed on Nonjudicial<br />
Stamp paper worth of Rs 100/- (Rupees Hundred only), purchased in the name of<br />
the issuing bank, as per the prevalent rules. The Bank Guarantee so provided shall be<br />
en-cashable on the Balasore branch of the issuing Bank.<br />
29.03 The Contract Performance Bank Guarantee shall remain valid for a period not less than<br />
90 days over and above the guarantee period, basing on stipulated completion period in<br />
the W.O. towards security and acceptance thereof, failing which the work orders (W.O)<br />
will be liable for cancellation without any further notice with forfeiture of E.M.D.<br />
29.04 No interest shall be allowed by the Owner on the above Performance Security Deposit.<br />
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30.0 TERMS OF PAYMENT:<br />
30.01 An advance of 10% (ten percent) of total lump sum contract price shall be paid as<br />
Mobilization Advance, subject to the following.<br />
(a)<br />
(b)<br />
(c)<br />
(d)<br />
(e)<br />
Submission of Invoice for payment of advance.<br />
Receipt and acceptance of unconditional irrevocable Contract Performance Bank<br />
Guarantee in favour of Owner as mentioned in clause 29.01.<br />
Receipt and acceptance of unconditional and irrevocable Advance Payment Bank<br />
Guarantee in favour of Owner for an amount equivalent to the amount of advance<br />
as per the prescribed format as provided in Section V, Annexure - IV. The Bank<br />
Guarantee so provided should be en-cashable on the Bhubaneswar branch of the<br />
issuing Bank.<br />
Establishment of contract site office and certification by the engineer that<br />
satisfactory mobilization for erection exists.<br />
All advance payment shall be interest bearing and recovery of advance along with<br />
the interest component on the advance amount shall be as under:<br />
i) All advance payment made shall be recovered proportionately from each running<br />
bill of the contractor.<br />
ii) The amount of interest to be recovered from a particular bill shall be calculated<br />
@ 10% per annum on the value of advance corresponding to the percentage of<br />
total progressive payment being released. The period for which the interest is to<br />
be calculated shall be reckoned from the date of release of the advance payment<br />
to the actual date of release of the said progressive payment or the expiry of the<br />
stipulated time frame for release of such progressive payment. If any amount<br />
payable under any interim bill is not sufficient to cover all deductions to be made<br />
for interest on the advance payment and other sums deductible there from, the<br />
balance outstanding shall be recovered from the next payments immediately<br />
falling due.<br />
30.02 80% (Eighty percent) of contract price on pro-rata basis along with taxes and duties shall<br />
be paid progressively (after necessary advance adjustment with interest as applicable) for<br />
each completed items of work certified by the Jr. Manager, Asst. Manager/SDO<br />
concerned against each calendar month by first week of the succeeding months along<br />
with utilization certificate. No payment shall be released if the accounts for utilization of<br />
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materials unless follow with proper certification by the concerned Jr. Manager, Asst.<br />
Manager/SDO within 30 days of submission of claim subject to certification by Owner‟s<br />
Engineer-in-charge on the basis of check points involved in such items of work.<br />
30.03 Balance 20% (twenty percent) of contract price shall be paid after completion of all<br />
works, envisaged under this package including any additions and alterations, testing &<br />
commissioning, return of dismantled materials/ un-used free supply material, taking over<br />
certificate and entire stretch is fully ready for commercial operation. The payments shall<br />
be subjected to clearance from electrical inspectorate.<br />
Note: In case of joint venture/consortium Performance Bank Guarantee shall be provided<br />
by the Lead Partner @ 10% and additional 1% by each JV Partner(s).<br />
31.0 PAYING OFFICER:<br />
Owner shall notify the paying officer for the project.<br />
32.0 OWNER‟S RIGHTS: -<br />
The Owner reserves the right to accept any bid or reject any or all bids or cancel /<br />
withdraw invitation of bid or to vary the quantity for placement of order without<br />
assigning any reason to such decision. Such decision by the Owner shall bear no liability.<br />
33.0 DISTINCT MARK ON EQUIPMENT AND MATERIALS:<br />
All the equipments and materials required for the works shall have distinct mark of<br />
Owner either by way of punching on metal part(s) and/or in built during casting and/or<br />
painting as per common practice and/or as mutually agreed. This should be clearly visible<br />
in day light in naked eye.<br />
34.0 DISPUTE RESOLUTION AND JURISDICTION: -<br />
(a) Any disputes arising out of this contract shall be referred to the MD, OPTCL who<br />
shall decide the case as sole Arbitrator.<br />
(b) For the purpose of dispute resolution, this agreement shall be governed by the<br />
provision of Arbitration and Conciliation Act, 1996.<br />
(c) All disputes shall be subjected to exclusive jurisdiction of the Courts at<br />
Balasore and the writ jurisdiction of Hon‟ble High Court of Odisha at<br />
Cuttack.<br />
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35.0 TRANSFER AND SUB-LETTING<br />
The Contractor shall not sublet, transfer, assign or otherwise part with the Contract or<br />
any part thereof, either directly or indirectly, without prior written permission of the<br />
Owner.<br />
36.0 FREE ISSUE OF MATERIALS<br />
36.01 Purchaser shall issue materials such as Transformer, VCB, Conductor, AB Cable &<br />
Accessories (Suspension Clamp, Dead End Clamp, Eye Hook, Piercing Connector,<br />
Neutral Connector), Transformer Distribution Boxes to the Contractor as per the works<br />
schedule agreed at the time of award of works as stated in the scope of work. However,<br />
this shall be subject to the actual progress of the work as certified by the Owner‟s<br />
Engineer.<br />
36.02 Before issue of the free issue materials the Contractor at its own cost shall arrange<br />
suitable stores adjacent to the works site and shall offer the same for inspection to the<br />
Owner‟s Engineer.<br />
36.03 The contractor shall furnish Indemnity bond for an amount equivalent to the<br />
estimated value of the free supply materials / dismantled materials returnable as<br />
certified by Engineer in charge. The Contractor shall submit Indemnity Bond in the<br />
prescribed format.<br />
36.04 Subject to compliance of above clauses, the Contractor shall be permitted to draw the<br />
materials from the designated stores of the Owner. The Contractor shall duly<br />
acknowledge the materials along with copies of the notification to the Insurer regarding<br />
such transit of material from designated stores of the Owner to the stores of the<br />
Contractor.<br />
36.05 After completion of the works all surplus materials shall be returned to the Purchaser‟s<br />
stores. For any shortage with regard to materials supplied by the Purchaser, the Purchaser<br />
shall be entitled to recover 125% of the purchase cost of such materials or present market<br />
cost, whichever is higher, from the dues of the Contractor.<br />
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37.0 SUBMITTALS REQUIRED AFTER AWARD OF CONTRACT<br />
37.01 Within 30 days of the effective date of contract the contractor shall provide three copies<br />
of an outline program of production, inspection, testing, delivery, survey, erection, precommissioning<br />
and commissioning in chart form. Included in the program will be the<br />
detailed schedule of drawing to be submitted.<br />
37.04 The periodic progress report as required by the Owner shall be submitted by the<br />
contractor as per the format prescribed by the Engineer in Charge.<br />
38.0 DRAWINGS<br />
Within 15 days of contract commencement the contractor shall submit, for approval by<br />
the Engineer in Charge, a schedule of the drawings to be produced. The schedule shall<br />
also provide a program of drawing submission, for approval by the Engineer in Charge.<br />
All drawings and design should be submitted to Engineer-In-Charge within the period<br />
specified above.<br />
39.0 APPROVAL PROCEDURE OF SUB VENDORS & DRAWINGS OF BOUGHT<br />
OUT MATERIALS<br />
39.01 The contractor shall submit all drawings, documents and type test reports, QAP, Name of<br />
Sub vendor, samples (as applicable) etc, to the engineer in charge within 15 days of<br />
award of LOA for approval. If modifications to be made if such are deemed necessary,<br />
the contractor has to resubmit them for approval without delaying the initial deliveries or<br />
completion of the contract work.<br />
39.02 Three copies of all drawings, GTP, QAP shall be submitted for approval and three copies<br />
for any subsequent revision.<br />
39.03 If the drawings will be as per the technical specifications, the competent authority of the<br />
Purchaser will return the drawings & documents to the contractor marked with<br />
“Approved” stamp.<br />
40.0 TAKING OVER<br />
40.1 Upon successful completion of all the tests to be performed at site on equipment /<br />
materials supplied, erected and commissioned by the contractor, the supply engineer shall<br />
issue to the contractor a taking over certificate as a proof of the final acceptance of the<br />
equipment / materials on a written request within 10 days of commercial operation. Such<br />
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certificate shall not be un-reasonably withheld nor will the engineer delay the issuance<br />
thereof on account of minor omission or defects, which do not affect the commercial<br />
operation and / or cause any serious to the equipment/material. The conditional<br />
Takingover Certificate can be issued if any minor omission or defects pointed by the<br />
Engineer- in-Charge/Supervising Officer/Electrical Inspector. The Contractor should<br />
rectify those defects within a month of conditional T.O.C failing which Owner will<br />
rectify those by replacing those materials or engaging other agencies. The amount so<br />
involved will be fully recovered from the Contractor‟s bill. Such certificate shall,<br />
however, not relieve the contractor of any of his obligations which otherwise survive by<br />
the terms & conditions of the contract after issuance of such certificate.<br />
40.2 For the satisfaction of Owner about quality, the Owner shall have unreserved right for<br />
arrangement of testing of equipment/ materials and the complete system independently<br />
by self or any other agency chosen by the Owner. The contractor is expected to agree and<br />
extend necessary help during such test if necessary.<br />
41.0 LATENT DEFECT WARRANTY<br />
41.1 The period of latent defect warranty in terms of this bidding documents, shall be limited<br />
to five (05) years from the date of completion of Guarantee period.<br />
42.0 EMBOSSING / PUNCHING / CASTING / PAINTING<br />
42.1 The all equipments and materials supplied /erected under the <strong>CAPEX</strong> Programme shall<br />
bear distinct mark of “Name of the Purchaser, GoO, <strong>CAPEX</strong> Programme, PO Order No.<br />
& Date” by a way of embossing / punching / casting / painting etc. This should be clearly<br />
visible to naked eye.<br />
43.0 INDEMNIFY<br />
43. The Contractor, its successor and assignee shall indemnify the Owner, its successor and<br />
assignee from all current & future liabilities that may arise out of Turn Key Contract(s) entered<br />
into between the Owner & the Contractor under this <strong>CAPEX</strong> Programme. The Owner in term<br />
shall indemnify the GoO & GRIDCO.<br />
Dy. General Manager(P&S)<br />
<strong>NESCO</strong>, Balasore<br />
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SECTION – III<br />
GENERAL CONDITIONS OF CONTRACT (GCC)<br />
GROUP- C<br />
1.0 GENERAL INSTRUCTIONS:<br />
1.01 All the Bids shall be prepared and submitted in accordance with these instructions.<br />
1.02 Bidder shall bear all costs associated with the preparation and delivery of its Bid, and the Purchaser will<br />
in no case shall be responsible or liable for these costs.<br />
1.03 The Bid should be submitted by the Bidder in whose name the bid document has been issued and under<br />
no circumstances it shall be transferred / sold to the other party.<br />
1.04 The Purchaser reserves the right to request for any additional information and also reserves the right to<br />
reject the proposal of any Bidder, if in the opinion of the Purchaser, the data in support of Tender<br />
requirement is incomplete.<br />
1.05 The Bidder is expected to examine all instructions, forms, terms & conditions and specifications in the<br />
Bid Documents. Failure to furnish all information required in the Bid Documents or Submission of a Bid<br />
not substantially responsive to the Bid Documents in every respect may result in rejection of the Bid.<br />
However, the Purchaser‟s decision in regard to the responsiveness and rejection of bids shall be final and<br />
binding without any obligation, financial or otherwise, on the Purchaser.<br />
2.0 DEFINITION OF TERMS:<br />
2.01 <strong>NESCO</strong> shall mean the “Purchaser” on whose behalf this bid enquiry is issued by its authorized<br />
representative / officers.<br />
2.02 “Bidder” shall mean the firm who quotes against this bid document issued by the Purchaser. “Contractor /<br />
Seller” shall mean the successful Bidder(s) whose bid has been accepted by the Purchaser and shall<br />
include his heirs, legal representatives, successors and permitted assigns.<br />
2.03 “Site” shall mean the Electricity Distribution Area of the Purchaser.<br />
2.04 “Specification” shall mean collectively all the terms and stipulations contained in those portions of this<br />
bid document known as Instruction to Bidder, Bid form and other forms as per Section –V, General<br />
Conditions of Contract, Specifications and the Amendments, Revisions, Deletions or Additions, as may<br />
be made by the Purchaser from time to time.<br />
2.05 “Letter of Intent” shall mean the official notice issued by the Purchaser notifying the Contractor that his<br />
proposal has been accepted and it shall include amendments thereto, if any, issued by the Purchaser. The<br />
“Letter of Intent” issued by the Purchaser shall be binding on the “Contractor”. The date of detailed<br />
Purchase Order shall be taken as the effective date of the commencement of contract.<br />
2.06 “Month” shall mean the calendar month and “Day” shall mean the calendar day.<br />
2.07 “Codes and Standards” shall mean all the applicable codes and standards as indicated in the Technical<br />
Specification.<br />
2.08 “Offer Sheet” shall mean Bidder‟s firm offer submitted to Purchaser in accordance with the specification.<br />
2.09 “Contract” shall mean the “Detailed Purchase Order” issued by the Purchaser.<br />
2.10 “Contract Price” shall mean the Price referred to in the “Detailed Purchase Order”.<br />
2.11 “Contract Period” shall mean the period during which the “Contract” shall be executed as agreed between<br />
the Contractor and the Purchaser in the Contract inclusive of extended contract period for reasons beyond<br />
the control of the Contractor and / or Purchaser due to force majeure.<br />
2.12 “Goods/Materials” shall mean all items to be supplied under Purchase Order whether raw materials,<br />
processes materials, equipment, fabricated Materials, drawings or other documents etc. as applicable.<br />
2.13 “Store” shall mean the Purchaser‟s Store as given in the tender document.<br />
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2.14 “Project / Unit” shall mean supply of Materials as per enclosed technical specification.<br />
3.0 CONTRACT DOCUMENTS & PRIORITY:<br />
3.01 Contract Documents: The Specification, terms and conditions of the contract shall consist solely of these<br />
Tender conditions and offer sheet.<br />
3.02 Priority: Should there be any discrepancy between any terms hereto and any term of the offer sheet, the<br />
terms of this tender document shall prevail.<br />
4.0 SCOPE OF WORK:<br />
4.01 The “Scope of Work” shall be on the basis of Bidder‟s responsibility, completely covering the<br />
obligations, responsibility and workmanship, provided in this Bid Enquiry whether implicit or explicit.<br />
4.02 The Purchaser reserves the right to vary the quantity i.e increase or decrease, at the time of placing order or<br />
during project execution.<br />
4.03 All relevant drawings, data and instruction manuals and other necessary inputs shall be under the scope of<br />
contract.<br />
5.0 GENERAL REQUIREMENTS:<br />
5.01 The seller shall supply, deliver best quality Goods/Materials/Equipments & conduct the testing at their<br />
works of highest standards.<br />
6.0 The seller shall be responsible & shall comply with the provisions of all statutory acts i.e Electricity Act<br />
2003, Indian Electricity Rules 1956, Income Tax Act-1961 etc.<br />
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7.0 INSPECTION & TESTING:<br />
i) The Purchaser‟s representative shall be entitled at all reasonable times during manufacture to<br />
inspect examine and test on the Contractor‟s premises the materials and workman-ship of all<br />
equipment to be supplied under this contract and if part of the said equipment is being<br />
manufactured else where in any Sub-Contractor‟s premises, the Contractor shall obtain for the<br />
Purchaser‟s representative, permission to inspect, examine and test as if the equipment were<br />
being manufactured on the Contractor‟s premises. Such inspection, examination and testing shall not<br />
release the Contractor from his obligations under the contract.<br />
ii) The Contractor shall give to the Purchaser adequate time/ notice (minimum of two weeks time) in<br />
writing for inspection of materials indicating the place at which the equipment is ready for testing<br />
and inspection and shall also furnish the Routine Test Certificates and Packing List along with<br />
offer for inspection to the Purchaser indicating the quantity which can be delivered in full truck<br />
load / Mini truck load to facilitate issue of dispatch instruction.<br />
iii)<br />
iv)<br />
Where the contract provides for test on the Premises of the Contractor or of any of his Sub-<br />
Contractors, the Contractor shall provide such assistance, labour, materials, electricity, fuel and<br />
instruments as may be required or as may be reasonably demanded by the Purchaser‟s<br />
representative to carryout such tests efficiently. The Contractor is required to produce Shop<br />
Routine Test Certificates before offering their materials for inspection.<br />
After completion of the tests as indicated above, the Purchaser‟s representative shall forward the test<br />
results to the Purchaser. If the test results confirm to the specific standard, the Purchaser shall<br />
approve the test results and communicate the same to the Contractor in writing. The Contractor<br />
shall provide atleast three copies of the test certificates to the Purchaser.<br />
v) The Purchaser has the right to have the test carried out at his own cost by an independent agency<br />
whenever there is a dispute regarding the quality of supply.<br />
vi)<br />
vii)<br />
The Purchaser at its discretion may re-test the Materials/Equipment at its own laboratory or<br />
laboratory of his choice for reconfirmation of the test results, particularly no load losses, load<br />
losses and percentage impedance, etc.<br />
Besides the above, the Third Party Independent Evaluation Agency (TPIEA) engaged by GRIDCO<br />
shall have right to conduct the Pre & post dispatch inspection (as explain above) of the Equipment/<br />
Materials procured by the purchaser jointly along with the representative of<br />
purchaser/independently by the TPIEA as the case may be<br />
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8.0 TRAINING FACILITIES :<br />
The Contractor shall provide all possible facilities for training of Purchaser‟s Technical personnel, when<br />
deputed by the Purchaser for acquiring first hand knowledge in assembly of the equipment and for it‟s<br />
proper operation and maintenance in service.<br />
9.0 REJECTION OF MATERIALS:<br />
a)<br />
In the event, any of the materials / equipment supplied by the Contractor is found defective due to faulty<br />
design, bad workmanship, bad materials used or otherwise not in conformity with the requirements of the<br />
Specification, the Purchaser shall either reject the materials / equipment or ask the Contractor in writing<br />
to rectify the same. The Contractor on receipt of such notification shall either rectify or replace the<br />
defective materials/equipment free of cost to the Purchaser. If the Contractor fails to do so, the Purchaser<br />
may :-<br />
At its option replace or rectify such defective materials/equipment and recover the extra costs so involved<br />
from the Contractor plus (15%) fifteen percent and / or.<br />
b)<br />
c)<br />
Terminate the contract for balance work / supplies with enforcement of penalty Clause as per contract for<br />
the un-delivered materials and with forfeiture of Performance Guarantee/ Composite Bank Guarantee.<br />
Acquire the defective equipment / materials at reduced price considered equitable under the<br />
circumstances.<br />
10.0 EXPERIENCE OF BIDDERS :<br />
10.1 The bidder(s) should furnish information regarding experience particularly on the following points :<br />
i) Name of the manufacturer :<br />
ii) Standing of the firm for manufacture of equipment/material quoted :<br />
iii)<br />
iv)<br />
Description of materials/equipment supplied during the last 3 (three) years with the name (s) of<br />
the party (s) to whom supplies were made.<br />
Testing facilities at manufacturer‟s work with copies of calibrated certificates of the major testing<br />
equipment.<br />
v) If the manufacturer is having collaboration with other firm(s), details regarding the same:<br />
vi) A list of Purchase orders, executed during the last three years along with user‟s certificate and<br />
copies of Purchase orders.<br />
10.2 Bids may not be considered if the past manufacturing experience is found to be un-satisfactory as<br />
mentioned under clause -6 of the IFB<br />
11.0 LANGUAGE AND MEASURES :<br />
All documents pertaining to the contract including Specifications, Schedule, Notice, Correspondence,<br />
Operating & Maintenance instructions, Drawings or any other writing shall be written in English<br />
language. The metric system of measurement shall be used exclusively in this contract.<br />
12.0 DEVIATION FROM SPECIFICATION :<br />
It is in the interest of the Bidders to study the Specification, drawing etc. specified in the tender document<br />
thoroughly before tendering so that, if any deviations are made by the Bidders, the same are prominently<br />
brought out on a separate sheet in the Technical & Commercial Deviation Formats enclosed at Annexure<br />
VI (A) & VI (B) in this document. Deviation mentioned in any other format or any other part of the offer<br />
document shall not be considered as a deviation & in such case it will be presumed that the bidder has<br />
accepted all the conditions, stipulated in the tender Specification, notwithstanding any exemptions<br />
mentioned therein.<br />
13.0 PRICE BASIS:<br />
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13.01(a)<br />
(b)<br />
(c)<br />
Bidder shall quote “FIRM” price.<br />
The breakup of prices shall indicate all types of Taxes, Duties and other Levies of whatsoever nature<br />
indicated separately and clearly, Packing & forwarding, transportation to site/store(extra) including<br />
transit insurances and entry tax etc. Exemption from any duties/taxes, if any, shall be supported with<br />
relevant documentary evidence.<br />
The above Prices shall also include loading at factory site & unloading at Purchaser‟s site/stores. Price<br />
evaluation will be based on total landing cost, taking into account all taxes and duties.<br />
CST / VAT clearance certificate, Copy of PAN card, latest IT Return, Exise Duty Registration Certificate<br />
should be attached.<br />
14.0 TERMS OF PAYMENT:<br />
100% value of each consignment will be paid within 45 days of receipt of materials in good conditions at<br />
stores/ desired destination and verification there of subject to approval of the Guarantee certificates &<br />
Test Certificates and submission & acceptance of Performance Bank Guarantee equivalent to 10 % of<br />
Total Contract Price on non-judicial stamp paper worth Rs.100in the prescribed format from a Public<br />
Sector Bank encashable at Balasore only.<br />
Or else an equivalent amount of 10 % of the Total Contract Price shall be deducted from the<br />
invoice of the first consignment & the same shall be refunded after submission and approval of the<br />
required Performance Bank Guarantee or expiry of Guarantee Period whichever is earlier.<br />
15.0 PRICE VALIDITY:<br />
15.01 All bids submitted shall remain valid, firm and subject to unconditional acceptance by Purchaser for 180<br />
days post bid date. For award of Contract, the prices shall remain valid and firm till contract completion.<br />
16.0 GUARANTEE:<br />
16.01 The bidder shall guarantee for satisfactory performance of the equipments/materials for a<br />
minimum period of 60 months from the date of Commissioning or 66 months from the date of<br />
receipt of last consignment whichever is earlier. In the event of any defect in the equipment/ materials<br />
arising out of faulty design, inferior quality of raw material used or bad workmanship within the<br />
guarantee period, the Seller shall guarantee to replace/ repair to the satisfaction of the Purchaser the<br />
defective equipments free of cost. Should however, the manufacturer fails to do so within a reasonable<br />
time, the Purchaser reserves the right to recover the amount from the seller either from the bills pending<br />
or may recover from the Performance Guarantee submitted by the firm. Seller shall give a Performance<br />
Bank Guarantee in favour of the Purchaser for 10% of the order value valid for 90 days over and<br />
above the guarantee obligation.<br />
16.02 If during the defect liability period any services performed found to be defective, these shall be promptly<br />
rectified by seller at its own cost (including the cost of dismantling and reinstallation) on the instruction<br />
of Purchaser.<br />
17.0 RELEASE:<br />
The seller‟s Performance Bank Guarantees / Assignable Bank Guarantee will be released without interest<br />
within thirty (30) days from the last date up to which the Performance Bank Guarantee has to be kept<br />
valid (as defined in Clause 16.01).<br />
18.0 TECHNICAL INFORMATION / DATA:<br />
The Purchaser and the Contractor, to the extent of their respective rights permitting to do so, shall<br />
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exchange such technical information and data as is reasonably required by each party to perform its<br />
obligations and responsibilities. The Purchaser and the Contractor agree to keep each other in confidence<br />
and to use the same degree of care as he uses with respect to his own proprietary data to prevent its<br />
disclosure to third parties of all technical and confidential information. The technical information,<br />
drawings, records and other document shall not be copied, transferred, traced or divulged and / or<br />
disclosed to third party in full / part nor misused in any other form. This technical information, drawing<br />
etc. shall be returned to the Purchaser with all approved copies and duplicates. In the event of any breach<br />
of this Contract, the Contractor shall indemnify the Purchaser against any loss, cost of damages of claim<br />
by any party in respect of such breach.<br />
19.0 EFFECTIVE DATE OF COMMENCEMENT OF CONTRACT :<br />
19.01 The date of the issue of the detailed Purchase Order shall be treated as the effective date of the<br />
commencement of Contract.<br />
20.0 The bidder shall quote the basic price as well as all taxes & duties as per the enclosed format for bid<br />
prices.<br />
21.0 PENALTY:<br />
21.01 As time is the essence of contract, the materials should be supplied strictly as per supply schedule as<br />
stipulated in Purchase order failing to which order to be treated as cancelled & contract performance<br />
Bank Guarantee will be invoked.<br />
21.02 The total amount of penalty for delay under the contract will be subject to a maximum of five percent<br />
(5%) of the contract price.<br />
21.03 The Purchaser may, without prejudice to any method of recovery, deduct the amount for such damages<br />
from any amount due or which may become due to the seller or from the Performance Bank Guarantee or<br />
file a claim against the seller.<br />
22. VALIDITY OF THE ORDER:<br />
The Order is valid up to schedule date of delivery, unless otherwise extended by the Competent<br />
Authority. The Order shall stand cancelled automatically beyond the validity period without any<br />
correspondences and liabilities to the purchaser.<br />
23. PACKING :<br />
The materials / equipments shall be packed by the seller suitably as per the standard procedure for safe<br />
transport to the site / store. The cases shall be clearly marked showing distinctly the name and address of<br />
the consignee. In case of special instructions, such as “this end up”, “fragile”, “handles with care” etc.,<br />
the same shall be clearly displayed on the cases.<br />
24.0 COMMISSIONING SPARES:<br />
The seller shall replace, free of cost, any spares which may be found defective by the buyer during<br />
commissioning.<br />
25.0 DISPUTE RESOLUTION & JURISDICTION OF CONTRACT:<br />
25.1 Any dispute arising out of this contract shall be referred to the MD, <strong>NESCO</strong> who shall decide the case as<br />
sole arbitrator.<br />
25.2 For the purpose of dispute resolution, this agreement shall be governed by the provision of Arbitration &<br />
Conciliation Act, 1996.<br />
25.3 All disputes shall be subject to exclusive jurisdiction of the Court at Balasore and Writ jurisdiction of<br />
Hon‟ble High Court of Odisha at Cuttack.<br />
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26.0 EVENTS OF DEFAULT:<br />
26.1 Events of Default. Each of the following events or occurrences shall constitute an event of default<br />
(“Event of Default”) under the Contract :<br />
(a) Seller fails or refuses to pay any amount due under the Contracts.<br />
(b) Seller fails or refuses to deliver Commodities conforming to his Bid document/ specifications, or fails<br />
to deliver Commodities and, or execute the works assigned to them within the period specified in P.O or<br />
any extension thereof.<br />
(c) Seller becomes insolvent or unable to pay its debts when due, or commits any act of bankruptcy, such<br />
as filing any petition in any bankruptcy, winding-up or reorganization proceeding, or acknowledges in<br />
writing its insolvency or inability to pay its debts; or the Seller‟s creditors file any petition relating to<br />
bankruptcy of Seller;<br />
(d) Seller otherwise fails or refuses to perform or observe any term or condition of the Contract and such<br />
failure is not remediable or, if remediable, continues for a period of 30 days after receipt by the Seller of<br />
notice of such failure from Purchaser.<br />
27.0 CONSEQUENCES OF DEFAULT:<br />
(a) If an Event of Default occurs and would be continuing, Purchaser may forthwith terminate the<br />
Contract by written notice.<br />
In the Event of Default, Purchaser may, without prejudice to any other right granted to it by law, or<br />
the Contract, take any or all of the following actions;<br />
i)<br />
ii)<br />
present for payment, to the relevant bank the Contract Performance Bank Guarantee;<br />
Recover any losses and / or additional expenses, Purchaser may incur as a result of<br />
S eller‟s default.<br />
28.0 FORCE MAJEURE:<br />
28.01 The term “Force Majeure” as employed herein include, acts of God or force of nature, landslide,<br />
earthquake, flood, fire, lightning, explosion, major storm (hurricane, typhoon, cyclone etc. ) or major<br />
storm warning, tidal wave, shipwreck and perils of navigation, act of war (declared or undeclared ) or<br />
public enemy, strike (excluding employee strikes, lockouts or other industrial disputes or action solely<br />
among employee of Contractor or its subcontractors ) act or omission of Sovereign States or those<br />
purporting to represent Sovereign States, blockade, embargo, quarantine, public disorder, sabotage,<br />
accident or similar events beyond the control of the parties or either of them.<br />
Force Majeure shall not include occurrences as follows :<br />
1. Late delivery of materials caused by congestion of Seller‟s facilities or elsewhere, and oversold<br />
condition of the market, inefficiencies, or similar occurrences.<br />
2. Late performance by Seller and / or Sub-Seller caused by unavailability of raw materials,<br />
supervisors or labour, inefficiencies of similar occurrences.<br />
3. Mechanical breakdown of any item of Seller‟s or its Sub-Seller‟s equipment, plant or machinery.<br />
4. Delays due to ordinary storm or inclement weather or<br />
5. Non-conformance by Sub-Seller.<br />
Unless the delay arises out of a Force Majeure occurrence and is beyond both Seller‟s and Sub-Seller‟s or<br />
Seller‟s control and an alternate acceptable source of services, equipment or material is unavailable.<br />
Additionally, Force Majeure shall not include financial distress of Seller or any Sub-Seller.<br />
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28.02 In the event of either party being rendered unable by Force Majeure to perform any obligation required to<br />
be performed by them under the Contract, the relative obligation of the party affected by such Force<br />
Majeure shall be suspended for the period during which such cause lasts. Time for performance of the<br />
relative obligation suspended by Force Majeure shall then stand extended by the period for which the<br />
cause lasts.<br />
28.03 Upon the occurrence of any Force Majeure event, the party so affected in the discharge of its obligation<br />
shall promptly, but no later than seven (7) days give written notice of such even to the other party. The<br />
affected party shall make every reasonable effort to remove or remedy the cause of such Force majeure or<br />
mitigate its effect as quickly as possible. If such occurrence results in the suspension of all or part of the<br />
work for a continuous period of more than 10(ten) days, the parties shall meet and determine the<br />
measures to be taken.<br />
28.04 Any delay or failure in performance by either party hereto shall not give rise to any claims for damages or<br />
loss of anticipated profits if and to the extent, such delay or failure is caused by Force Majeure.<br />
29 EMBOSSING / PUNCHING / CASTING<br />
29.1 The all equipments and materials supplied shall bear distinct mark of “<strong>NESCO</strong>”, PO Order<br />
No. & Date” Serial No. by a way of embossing / punching / casting etc. This should be clearly visible to<br />
naked eye.<br />
30.0<br />
30.01<br />
THE LAWS AND JURISDICTION OF CONTRACT:<br />
The laws applicable to this Contract shall be the Laws in force in India.<br />
30.02<br />
All disputes arising in connection with the present Contract shall be settled amicably by mutual consultation failing<br />
which shall be finally settled as per the rules of Arbitration and Conciliation Act, 1996 at the discretion of Purchaser.<br />
The jurisdiction of arbitration shall be at Balasore, Orissa, India.<br />
31.0 INDEMNIFY<br />
31.01 The Vendor, its successor and assignee shall indemnify the Purchaser, its successor and assignee from all<br />
current & future liabilities that may arise out of purchase contract(s) entered into between the vendor &<br />
the Purchaser.<br />
Dy. General Manager (Purchase & Store)<br />
<strong>NESCO</strong>, Balasore, Odisha<br />
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S<br />
E<br />
C<br />
T<br />
I<br />
O<br />
N<br />
–<br />
I<br />
SECTION –IV<br />
TECHINICAL SPECIFICATIONS<br />
( Refer separate file for Gr.A ,<br />
Gr.B & Gr.C )<br />
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SECTION - V<br />
ANNEXURE<br />
Group A & B<br />
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BID PROPOSAL LETTER<br />
Electrical Installation of Works under <strong>NESCO</strong><br />
ANNEXURE – I<br />
Bidder‟s Name and Address:<br />
(in case of JV/Consortium, Name of JV/Consortium)<br />
Bid Proposal Reference:<br />
Person to be contacted:<br />
Designation:<br />
Telephone No. : E-mail: Fax No. :<br />
To,<br />
<strong>CAPEX</strong> CELL<br />
Corporate Office, <strong>NESCO</strong>,<br />
Januganj, Balasore-19<br />
Dear Sir,<br />
We the undersigned bidder have read and examined the detailed specification and bidding<br />
documents for execution of various electrical installations works and do herewith submit our<br />
bid for the following packages:<br />
Sl.<br />
No.<br />
Name of the<br />
Owner<br />
Name of the<br />
Package<br />
Estimated Cost<br />
(Rs. in Cr.)<br />
We declare the following:<br />
1.0 PRICES AND VALIDITY:<br />
1.01 All the prices and price components stated in our bid proposal are firm and not subject<br />
to any price adjustment, in line with the bidding documents. All the prices and other<br />
terms and conditions of this proposal are valid for a period of 180 days from the date of<br />
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opening of the bids. We further declare that prices stated in our proposal are in<br />
accordance with “Instructions to Bidders” of bidding documents.<br />
1.02 We do hereby confirm that our bid prices as quoted in attached Schedules include all<br />
import duties and levies including license fees lawfully payable by us on imported items<br />
and other taxes, duties and levies applicable on bought – out components, materials,<br />
equipment and other items and confirm that any such taxes, duties and levies<br />
additionally payable shall be to our account.<br />
1.03 We confirm that the Sales tax on Works Contract, Turnover Tax or any other similar<br />
taxes under the Sales Tax Act, as applicable, are included in our quoted bid price and<br />
there shall not be any liability on this account to the Purchasers. We understand that<br />
Owner shall, deduct such taxes at source as per the rules and issue TDS Certificate to<br />
us.<br />
1.04 We confirm that, in our Bid Price, we have considered service tax in line with lawful<br />
prevalent practice.<br />
1.05 Price components of various items are indicated in the B.O.Q. for the respective works.<br />
1.06 We further declare that while quoting the price, the due credit under MODVAT scheme,<br />
re-christened as CENVAT scheme, as per relevant Government policies wherever<br />
applicable, have been taken into account.<br />
1.07 We, having studied the bidding document in three volumes relating to taxes & duties<br />
and hereby, declare that if any income tax, charge on income tax or any other corporate<br />
tax is attracted under the law, we agree to pay the same.<br />
1.08 We are aware that the Price schedules do not generally give a full description of the<br />
supplies to be made and work to be performed under each item and we shall be deemed<br />
to have read the Technical Specifications and other bidding documents and drawings to<br />
ascertain the full scope of work included in each item while filling in the related and<br />
prices. We agree that the entered rates and prices shall be deemed to include the full<br />
scope as aforesaid, including overheads and profits.<br />
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1.09 We understand that in the price schedule, if there is discrepancy between the unit price<br />
and total price, the same shall be corrected as per relevant provisions.<br />
1.10 We declare that prices for items left blank in the schedules will be deemed to have been<br />
included in other items. The TOTAL for each schedule and the TOTAL of Grand<br />
summary shall be deemed to be the total price for executing the facilities and sections<br />
thereof in complete accordance with the contract, whether or not each item has been<br />
priced.<br />
2.0 CONSTRUCTION OF THE CONTRACT<br />
2.01 We declare that we are making the offer on the basis of indivisible supply-cum-<br />
Erection contract on a single source responsibility basis.<br />
3.0 BID SECURITY (EMD)<br />
We are enclosing Bank Draft / Bank Guarantee No. dtd. amounting to<br />
Rs.--------------------- (Rupees<br />
only) issued by<br />
Bank ---------------------------branch, payable on Balasore towards Bid Security<br />
against our above Bid. The Bid Security amount has been computed by adding the<br />
Estimated Cost of the package no.s ------------------- for which we are submitting our<br />
bid.<br />
4.0 EQUIPMENT PERFORMANCE GURANTEE<br />
We declare that the ratings and performance figures of the equipment to be furnished<br />
and erected by us are guaranteed. The Guaranteed particulars of different equipments<br />
are enclosed along with our bid.<br />
5.0 BID PRICING<br />
We further declare that the prices stated in our proposal are in accordance with your<br />
„Instruction of Bidders of Conditions of Contract, Volume-1 of the bid documents.<br />
6.0 PRICE ADJUSTMENT<br />
We declare that all the prices and price components stated in our offer are on FIRM<br />
price basis.<br />
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7.0 QUALIFICATION<br />
We confirm having submitted the Qualification Data in original plus one copy, as<br />
required by you under clause 6.0 „Invitation for Bids‟. Further we have filled in the<br />
information for qualification requirements. In case you require any further<br />
information in this regard, we agree to furnished the same in time .<br />
8.0 DEVIATIONS<br />
8.01 We declare that the contract shall be executed strictly in accordance with the<br />
specifications and documents except for the variations and deviations all of which<br />
have been detailed out exhaustively in the following schedules, irrespective of<br />
whatever has been stated to the contrary anywhere else in our proposal.<br />
a) Commercial Deviations Schedule<br />
b) Cost of withdrawal of Deviations on Critical<br />
c) Technical Deviation Schedule<br />
8.02 We confirm that specified stipulation of following critical clauses is acceptable to us<br />
and no deviations/exceptions are taken on any account whatsoever in the following<br />
clauses:<br />
(a) Payment Terms :<br />
(b) Bid Guarantee :<br />
(c) Contract Performance Guarantee :<br />
(d) Liquidated Damages for delay :<br />
(e) Prices and Price Adjustment :<br />
(f) Guarantee / Warrantees :<br />
8.03 Further, we agree that the additional conditions, deviations, if any, found in our bid<br />
proposal documents other than those stated in attached Deviation Schedules, save that<br />
pertaining to any rebates offered, shall not be given effect to.<br />
9.0 ADDITIONAL INFORMATION<br />
We have included with this proposal additional information listed. We further confirm<br />
that such additional information does not imply any additional deviation beyond those<br />
covered in appropriate schedules and in case of any contradiction between these<br />
additional information and other provisions of Bid, the latter prevail.<br />
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10.0 GURANTEE DECLARATION<br />
We guarantee that the equipment offered shall meet the rating and performance<br />
requirements stipulated in this specification. The Guarantee Declaration which shall<br />
attract levy of liquidated damages for non-performance is indicated in the relevant<br />
schedule.<br />
11.0 BOUGHT-OUT AND SUB-CONTRACTED ITEM<br />
We are furnishing herewith at appropriate Schedule, the detail of all major item of<br />
supply amounting to more than 10% of our Bid Price, which were propose subletting<br />
giving detail of the name of sub-contractor/sub-vendor and quantity for each item.<br />
12.0 WORK SCHEDULE<br />
If this proposal is accepted by you, we agree to submit engineering data, provide<br />
services and complete the entire work from time to time, in accordance with schedule<br />
indicated in the proposal. We fully understand that the time schedule stipulated in this<br />
proposal is the essence of the contract, if awarded. The completion schedule of the<br />
various major key phases of the work is indicated in the designated schedule.<br />
13.0 CONTRACT PERFORMANCE GUARANTEE<br />
We further agree that if our Bid is accepted we shall provide an irrevocable Bank<br />
guarantee towards Contract Performance Guarantee, of value equivalent to ten percent<br />
(10%) of the Contract Price initially valid up to the end of ninety (90) days after the end<br />
of the contract warranty period in the form of Bank Guarantee in your favour within 15<br />
(fifteen) days from the date of „Notice of Award of Contract‟ and enter into a formal<br />
agreement with you immediately thereafter.<br />
14.0 CHECK LIST<br />
We have included a check list duly filled in Schedule. We understand that only this<br />
check list, commercial and technical deviation will be read out during the part-I bid<br />
opening before the bidders present.<br />
(For Joint Venture/consortium only) We, the Partners of joint venture/ consortium<br />
submitting their Bid, do agree and confirm that in case of Award of the Contract on the<br />
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joint venture, we shall be jointly and severally responsible for the execution of the<br />
contract in accordance with contract terms and conditions.<br />
We, hereby declare that only the persons or firms interested in this proposal as<br />
principals are named herein and that no other persons or firms other that those<br />
mentioned herein have any interest in this proposal or in the contract to be entered into<br />
if we are awarded the contract, and that this proposal is made without any connection<br />
with any other person, firm or party likewise submitting a proposal and that this<br />
proposal is in all respect for and in good faith, without collusion or fraud.<br />
Dated this ………………………..day of ………………………………20…..<br />
Thanking you,<br />
Yours faithfully,<br />
(Signature of the Authorized Signatory)<br />
Name ……………………………<br />
Designation ……………………………..<br />
Seal of the company………..<br />
(To be signed by lead partner in case of Joint Venture) Signature of other partner<br />
(s) in case of Joint Venture)<br />
Name …………………<br />
Designation …………………..<br />
Date :<br />
………………………….<br />
Place :<br />
(Written power of Attorney of all signatories of the bid to commit the Bidder must be<br />
enclosed with the Bid. In case of joint venture, the written Power of Attorney of all<br />
signatories from respective partners must be enclosed with the Bid. .<br />
*** Applicable case of a Bid from Joint Venture of Firms. Further, the Bid must be<br />
signed by each partner of the Joint venture.<br />
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ANNEXURE – II<br />
To,<br />
<strong>CAPEX</strong> CELL<br />
Corporate Office,<br />
<strong>NESCO</strong>, Januganj,<br />
Balasore-19<br />
DECLARATION FORM<br />
Sir,<br />
Having examined the above specifications together with the Tender terms and conditions<br />
referred to therein<br />
1 – I / We the undersigned do hereby offer to execute the contract covered there on in complete<br />
shape in all respects as per the rules entered in the attached contract schedule of prices in the<br />
tender.<br />
2 – I / We do hereby under take to have executed the contract within the time specified in the<br />
tender.<br />
3 – I / We do hereby guarantee the technical particulars given in the tender supported with<br />
necessary reports from concerned authorities.<br />
4 – I / We do hereby certify to have purchased a copy of the tender specifications by remitting<br />
Cash / Demand draft & this has been duly acknowledged by you in your letter<br />
No…………Dt…………<br />
5 – I / We do hereby agree to furnish the composite Bank Guarantee in the manner specified /<br />
acceptable by <strong>NESCO</strong> (as the case may be) & for the sum as applicable to me / us as per clause<br />
No.13 of Annexure -V of this specification within fifteen days of issue of Letter of intent /<br />
Work Order , in the event of Work order being decided in my / us favour , failing which I / We<br />
clearly understand that the said LOI / W.O. shall be liable to be withdrawn by the Owner.<br />
Signed this…………….Day of……………………20…<br />
Yours faithfully<br />
(Signature of Bidder with Seal of Company)<br />
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ANNEXURE – III<br />
PROFORMA FOR CONTRACT PERFORMANCE BANK GUARANTEE<br />
(To be executed on Rs. 100/- Non-judicial Stamp Paper purchased in the name of the BG<br />
Issuing Bank)<br />
This Guarantee Bond is executed this day of by us,<br />
Bank at<br />
P.O. P.S. Dist State<br />
Whereas North Eastern Electricity Supply Company of Odisha Ltd.(<strong>NESCO</strong>) ,Corporate Office,<br />
Januganj, Balasore – 756019, Odisha registered under the Company Act 1956 (here in after<br />
called “Owner”) has placed Work Order No. Dt. (hereinafter called<br />
“Agreement”) with M/s<br />
(hereinafter called<br />
“the Contractor”) for supply and installation of<br />
(description of the works)<br />
and whereas Owner has agreed (1) to exempt the Contractor from making payment of security<br />
deposit, (2) to release 100% payment of the cost of materials as per the said agreement and (3)<br />
to exempt from performance guarantee on furnishing by the Contractor to Owner a composite<br />
Bank Guarantee of the value of 10% (ten percent) of the Contract price of the said Agreement.<br />
1. Now, therefore, in consideration of Owner having agreed (1) to exempt the Contractor<br />
for making payment of security deposit, (2) to release 100% payment to the Contractor and (3)<br />
to exempt from furnishing performance guarantee in terms of the said Agreement as aforesaid,<br />
we the Bank, Address (code No.<br />
) (hereinafter referred to as “the Bank”) do hereby undertake to pay to the Owner an<br />
amount not exceeding Rs. (Rupees )<br />
only against any loss or damage caused to or suffered by the Owner by reason of any breach by<br />
the said Contractor(s) of any of the terms or conditions contained in the said Agreement.<br />
2. We, the Bank do hereby undertake to pay the amounts due<br />
and payable under the guarantee without any demur, merely on a demand from Owner stating<br />
that the amount claimed is due by way of loss or damage caused to or suffered by Owner by<br />
reason of any breach by the said Contractor(s) of any of the terms or conditions contained in<br />
the said Agreement or by the reason of any breach by the said Contractor‟s failure to perform<br />
the said Agreement. Any such demand made on the Bank shall be conclusive as regards the<br />
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amount due and payable by the Bank under this Guarantee. However, our liability under this<br />
guarantee shall be restricted to an amount not exceeding Rs.<br />
(Rupees<br />
) only.<br />
3. We, the Bank also undertake to pay to Owner any money<br />
so demanded not withstanding any dispute or dispute raised by the Contractor(s) in any suit or<br />
proceeding instituted/ pending before any court or Tribunal relating thereto our liability under<br />
this Agreement being absolute and irrevocable. The payment so made by us under this bond<br />
shall be valid discharge of our liability for payment there under and the Contractor(s) shall have<br />
no claim against us for making such payment.<br />
4. We, the Bank further agree that the guarantee herein<br />
contain shall remain in full force and effect during the period that would be taken for the<br />
performance of the said Agreement and it shall continue to remain in force endorsable till all<br />
the dues of Owner under by virtue of the said Agreement have been fully paid and its claim<br />
satisfied or discharged or till Purchaser certifies that the terms and conditions of the said<br />
Agreement have been fully and properly carried out by the said Contractor(s) and accordingly<br />
discharge this guarantee and will not be revoked by us during the validity of the guarantee<br />
period.<br />
Unless a demand or claim under this guarantee is made on us or with our<br />
Bhubaneswar branch at<br />
(Name, address of the Bhubaneswar branch and<br />
code No.) in writing on or before<br />
(date) we shall be discharged from<br />
all liability under this guarantee thereafter.<br />
5. We, the Bank further agree that Owner shall have the<br />
fullest liberty without our consent and without affecting in any manner our obligations<br />
hereunder to vary any of the terms and conditions of the said Agreement or to extend time of<br />
performance by the said Contractor(s) and we shall not be relieved from our liability by reason<br />
of any such variation or extension being granted to the said Contractor(s) or for any<br />
forbearance act or omission on part of Owner or any indulgence by Owner to the said<br />
Contractor(s) or by any such matter or thing whatsoever which under the law relating to<br />
sureties would but for this provisions have effect of so relieving us.<br />
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6. The Guarantee will not be discharged due to change in the name, style and constitution<br />
of the Bank and or Contractor(s).<br />
7. We, the Bank lastly undertake not to revoke this<br />
Guarantee during its currency except with the previous consent of the Owner in writing.<br />
Dated the day of Two thousand .<br />
Not withstanding anything contained herein above.<br />
Our liability under this Bank Guarantee shall not exceed Rs.<br />
(Rupees<br />
) only.<br />
The Bank Guarantee shall be valid up to<br />
only.<br />
Our ………………………. branch at Bhubaneswar (Name & Address of the Bhubaneswar<br />
branch) is liable to pay the guaranteed amount depending on the filing of claim and any part<br />
thereof under this Bank Guarantee only and only if you serve upon us at our Bhubaneswar<br />
branch a written claim or demand and received by us at our Bhubaneswar branch on or before<br />
Dt.<br />
thereafter.<br />
For<br />
N.B.:<br />
otherwise bank shall be discharged of all liabilities under this guarantee<br />
(Indicate the name of the Bank)<br />
(1) Name of the Contractor:<br />
(2) No. & date of the Work order/ agreement:<br />
(3) Amount of W.O:<br />
(4) Name of Work:<br />
(5) Name of the Bank:<br />
(6) Amount of the Bank Guarantee:<br />
(7) Name, Address and Code No. of the Bhubaneswar Branch of the Issuing Bank:<br />
(8) Validity period or date up to which the agreement is valid:<br />
(9) Signature of the Constituent Authority of the Bank with seal:<br />
(10) Name & addresses of the Witnesses with signature:<br />
(11) The Bank Guarantee shall be accepted only after getting confirmation from the<br />
issuing Branch & from main branch/specified branch at Bhubaneswar of issuing Bank.<br />
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ANNEXURE – IV<br />
PROFORMA OF BANK GUARANTEE FOR ADVANCE PAYMENT<br />
(To be stamped in accordance with Stamp Act)<br />
(To be executed on Rs. 100/- Non-judicial Stamp Paper purchased in the name of the BG<br />
Issuing Bank)<br />
Ref............................<br />
To,<br />
The Managing Director,<br />
<strong>NESCO</strong>, Balasore<br />
Bank Guarantee No.................<br />
Date ............................<br />
Dear Sir,<br />
In consideration of Whereas North Eastern Electricity Supply Company of Odisha Ltd. (<strong>NESCO</strong>)<br />
(hereinafter referred to as the „Owner‟, which expression shall, unless repugnant to the context<br />
or meaning thereof include its successors, administrators and assigns) having awarded to<br />
M/s.................. (hereinafter referred to as the "Contractor” which expression shall unless<br />
repugnant to the context or meaning thereof, include its successors, administrators, executors<br />
and assigns), a Contract by issue of Owner‟s Letter of Award No.................. dated ...................<br />
and the same having been acknowledged by the Contractor, resulting in a Contract bearing<br />
No....................... dated .................. valued at ...................... for<br />
.................................................................. (Scope of work)................................... (Hereinafter<br />
called the 'Contract‟) and the Owner having agreed to make an advance payment to the<br />
Contractor for performance of the above Contract amounting................................. (in words<br />
and figures ) as an advance against Bank Guarantee to be furnished by the Contractor.<br />
We,................................................................................................................. (Name of the Bank)<br />
having its Head Office at .............................. (hereinafter referred to as the „Bank‟, which<br />
expression shall, unless repugnant to the context or meaning thereof , include its successors,<br />
administrators, executors and assigns ) do hereby guarantee and undertake to pay the Owner,<br />
immediately on demand any or, all monies payable by the Contractor to the extent of<br />
..................................... as aforesaid at any time up to ........ @ ............... without any demur,<br />
reservation, contest, recourse or protest and / or without any reference to the Contractor. Any<br />
such demand made by the Owner on the Bank shall be conclusive and binding notwithstanding<br />
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any difference between the Purchaser and the Contractor or any dispute pending before any<br />
Court, Tribunal, Arbitrator or any other authority. We agree that the guarantee herein contained<br />
shall be irrevocable and shall continue to be enforceable till the Owner discharges this guarantee.<br />
The Owner shall have the fullest liberty without affecting in any way the liability of the Bank<br />
under this guarantee, from time to time to vary the advance or to extend the time for<br />
performance of the Contract by the Contractor. The Owner shall have the fullest liberty without<br />
affecting this guarantee, to postpone from time to time the exercise of any powers vested in<br />
them or of any right which they might have against the Contractor, and to exercise the same at<br />
any time in any manner, and either to enforce or to forbear to enforce any covenants, contained<br />
or implied, in the Contract between the Owner and the Contractor or any other course or remedy<br />
or security available to the Owner. The Bank shall not be released of its obligations under these<br />
presents by an exercise by the Owner of its liberty with reference to the matters aforesaid or any<br />
of them or by reason of any other act or forbearance or other acts of omission or commission on<br />
the part of the Owner or any other indulgence shown by the Owner or by another matter or thing,<br />
whatsoever, which under law would, but for this provision have the effect of relieving the<br />
Bank.<br />
Bank also agrees that the Owner at its option shall be entitled to enforce this Guarantee against<br />
the Bank as a principal debtor, in the first instance without proceeding against the Contractor<br />
and notwithstanding any security or other guarantee that the Owner may have in relation to the<br />
Contractor'‟ liabilities.<br />
Notwithstanding anything contained hereinabove our liability under this guarantee is limited to<br />
.................. and it shall remain in force up to and including ...........@ ........... and shall be<br />
extended from time to time for such period (not exceeding one year ), as may be desired by<br />
M/s. ........................ on whose behalf this guarantee has been given.<br />
The Guarantee will not be discharged due to change in the name, style and constitution of the<br />
Bank and or Contractor(s).<br />
All other contentions in B.G will safe guard the interest of Owner.<br />
We, the<br />
Bank lastly undertake not to revoke this Guarantee<br />
during its currency except with the previous consent of Owner in writing.<br />
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Dated the day of Two thousand .<br />
Notwithstanding anything contained herein above.<br />
Our liability under this Bank Guarantee shall not exceed Rs.<br />
) only.<br />
(Rupees<br />
The Bank Guarantee shall be valid up to<br />
only.<br />
Our ………………………. branch at Bhubaneswar (Name & Address of the Bhubaneswar<br />
branch) is liable to pay the guaranteed amount depending on the filing of claim and any part<br />
thereof under this Bank Guarantee only and only if you serve upon us at our Bhubaneswar<br />
branch a written claim or demand and received by us at our Bhubaneswar branch on or before<br />
Dt.<br />
otherwise bank shall be discharged of all liabilities under this guarantee<br />
thereafter.<br />
For<br />
(indicate the name of the Bank )<br />
Dated this .............. Day of .........20......... at .........................................<br />
WITNESS<br />
........................................................ ...............................................................................<br />
(Signature)<br />
(Signature)<br />
......................................................... ...............................................................................<br />
(Name)<br />
(Name)<br />
.......................................................... ...............................................................................<br />
(Official Address)<br />
(Designation with Bank Stamp)<br />
Attorney as per<br />
Power of Attorney No...................<br />
Dated ...........................................<br />
@ This date shall be ninety (90) days after the schedule date of completion of the<br />
Contract.<br />
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ANNEXURE – V<br />
FORM OF POWER OF ATTORNEY FOR JOINT VENTURE<br />
(On Non –Judicial Stamp Paper of Appropriate value<br />
to be Purchased in the Name of Joint Venture)<br />
K<strong>NO</strong>W ALL MEN BY THESE PRESENTS THAT WE, the Members whose details are given<br />
hereunder…………………………….. have formed a joint Venture/Consortium and having our<br />
Registered Office (s)/Head Office (s) at ……………………………….(hereinafter called the<br />
„Joint Venture/Consortium‟ which expression shall unless repugnant to the context or meaning<br />
thereof, include its successors, administrators and assigns) do hereby constitute, nominate and<br />
appoint M/s…………………………………………….<br />
a company/Electrical Contractor<br />
incorporated under the laws of …………..and having its Registered/Head Office at<br />
…………….as our duly constituted lawful Attorney (hereinafter called “Attorney” (hereinafter<br />
called Lead Member) to exercise all or any of the powers for and on behalf of the joint<br />
venture/Consortium in regard to Tender Notice No…………….. for construction of<br />
……………. (name of the package) of <strong>NESCO</strong> (hereinafter called the “Owner”) for which bids<br />
have been invited by the Owner, to undertake the following acts :<br />
(i) To submit proposal, participate and negotiate in respect of the aforesaid Bid –<br />
Specification of the Owner on behalf of the “Joint Venture / Consortium”.<br />
(ii)<br />
(iii)<br />
To negotiate with Owner the terms and conditions for award of the contract pursuant to<br />
the aforesaid Bid and to sign the contract with the Owner for and on behalf of the “Joint<br />
Venture / Consortium”.<br />
To do any other act or submit any document related to the above.<br />
(iv) To receive, accept and execute the contract for and on behalf of the “Joint Venture /<br />
Consortium”.<br />
(v) To submit the Contract performance security in the form of an unconditional<br />
irrecoverable Bank Guarantee in the prescribed format and as per terms of the contract.<br />
It is clearly understood that the Lead Member shall ensure performance of the contracts(s) and<br />
if one or more Member fail to perform their respective portion of the contracts(s), the same<br />
shall be deemed to be a default by all the Members.<br />
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It is expressly understood that this power of Attorney shall remain valid, binding and<br />
irrevocable till completion of the Defect of liability period in terms of the contract.<br />
The Joint Venture / Consortium hereby agrees and undertakes to ratify and confirm all the<br />
whatsoever the said Lead Member quotes in the bid, negotiates and signs the Contract with the<br />
Owner and / or proposes to act on behalf of the Joint Venture / Consortium by virtue of this<br />
Power of Attorney and the same shall bind the Joint Venture / Consortium as if done by itself.<br />
IN WITNESS THEREOF the Members Constituting the Joint Venture / Consortium as<br />
aforesaid have executed these presents on this ………… day of …….. under the Common Seal<br />
(s) of their Companies<br />
The Seal of the above Partners of the Joint Venture / Consortium:<br />
The Seal has been affixed there unto in the presence of:<br />
WITNESS<br />
1. Signature …………………………………<br />
Name …………………………………<br />
Designation …………………………………<br />
Occupation …………………………………<br />
for and on behalf of<br />
the members of Joint Ventures/Consortium<br />
…………………………………<br />
…………………………………<br />
…………………………………<br />
2. Signature …………………………………...<br />
Name ……………………………………….<br />
Designation …………………………………<br />
Occupation …………………………………<br />
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FORM OF JOINT VENTURE/ CONSORTIUM AGREEMENT<br />
ANNEXURE – VI<br />
(To be executed on non-judicial stamp paper of appropriate value to be purchased in the name<br />
of executants or as required by the Jurisdiction in which executed)<br />
THIS Joint Venture/Consortium Agreement executed on this ……….. day of …………… Two<br />
thousand …………………… by:<br />
M/s. …………….…………….a company/Partnership Firm/Sole Proprietorship Organization<br />
incorporated under the …………….……………. Act/Laws and having its Registered<br />
Office/Head Office at ……………. …………….……………. ……………. (hereinafter called<br />
the "Lead Member/First Member" which expression shall include its successors),and<br />
M/s. …………….…………….a company/Partnership Firm/Sole Proprietorship Organization<br />
incorporated under the …………….……………. Act/Laws and having its Registered<br />
Office/Head Office at ……………. …………….……………. ……………. (hereinafter called<br />
the " Second Member" which expression shall include its successors),and<br />
M/s. …………….…………….a company/Partnership Firm/Sole Proprietorship Organization<br />
incorporated under the …………….……………. Act/Laws and having its Registered<br />
Office/Head Office at ……………. …………….……………. ……………. (hereinafter called<br />
the "Third Member" which expression shall include its successors),and<br />
M/s. …………….…………….a company/Partnership Firm/Sole Proprietorship Organization<br />
incorporated under the …………….……………. Act/Laws and having its Registered<br />
Office/Head Office at ……………. …………….……………. ……………. (hereinafter called<br />
the "Fourth Member" which expression shall include its successors).<br />
The Lead Member/First Member, Second Member, the Third Member and the Fourth Member<br />
shall collectively hereinafter be called as the “Joint venture/Consortium Members” for the<br />
purpose of submitting a bid proposal to North Eastern Electricity Supply Company of Orissa<br />
Ltd. (hereinafter referred to as <strong>NESCO</strong>) being a company incorporated under the Companies<br />
Act. 1956 having its. Corporate Office at Januganj,Balasore-19 (hereinafter called the<br />
“Owner”) in response to the invitation of bids (hereinafter called as “Tender Notice<br />
No…………….” Document) dated…………….. for supply, erection, Testing &<br />
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Commissioning as per the scope of work ……………….(hereinafter called as “the<br />
Transaction”)<br />
WHEREAS Clause-2 of the Invitation for Bids (IFB), stipulates that two or more bidder(s) may<br />
form a joint venture/Consortium among them and apply against this tender specification,<br />
provided they fulfill the following eligible criteria;<br />
1. They should have legally valid Consortium agreement as per the prescribed format for<br />
the purpose of participation in the bidding process. The total no of a Consortium shall<br />
be limited to four members.<br />
2. One of the Joint Venture/Consortium members should be a Electrical Contractor having<br />
valid HT License.<br />
3. Consortium as a whole shall meet the qualifying norms specified in the tender, they<br />
participate.<br />
4. The lead member of the Consortium should meet at least 50% of the qualifying norms<br />
in respect to the work experience & Turn Over requirement.<br />
5. Besides the lead member, other member(s) of the Consortium together shall meet the<br />
balance 50% of the qualifying norms in respect to the work experience & Turn Over<br />
requirement.<br />
6. All the Consortium member(s) shall authorize the lead partner by submitting a power of<br />
Attorney as per the prescribed format duly signed by the authorized signatories. The<br />
lead partner shall be authorized to receive instructions for and on behalf of all partners<br />
of the Consortium and entire execution of the contract.<br />
7. The Consortium and its members shall be jointly and severally responsible and be held<br />
liable for the purpose of guaranteed obligation and any other matter as required under<br />
the contract.<br />
8. Any member of the Consortium member(s) shall not be eligible either in an individual<br />
capacity or part of any other Consortium to participate in the tender, where the said<br />
Consortium participates.<br />
9. Work Order(s) will be placed to lead members of the Consortium.<br />
10. In addition to the above the Lead Member of the bidder(s) should submit the following<br />
documents in part-I bid as qualifying terms.<br />
i. Valid electrical (HT) license for Electrical Works.<br />
ii. PAN & TIN No.<br />
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iii. EPF registration.<br />
11. The Lead Member of the Bidder(s) shall have to furnish service tax registration, ESI<br />
and Labour license within 45 days of receipt of the order.<br />
12. The prescribed format for Power of Attorney (Annexure-V) is provided in the tender<br />
specification as enclosures.<br />
AND WHEREAS the members of the Joint Venture/Consortium together shall strictly comply the<br />
eligible criteria of the Clause-2 of the Invitation for Bids (IFB).<br />
AND WHEREAS bid has been proposed to be submitted to the Owner by Lead Member based on this<br />
Joint Venture/Consortium agreement all the members, signed by all the members.<br />
<strong>NO</strong>W THIS INDENTURE WITNESSETH AS UNDER:<br />
In consideration of the above premises, in the event of the selection of Joint Venture/Consortium as<br />
successful bidder, all the parties to this Joint Venture/Consortium Agreement do hereby agree abide<br />
themselves as follows:<br />
1. M/s ……………………………. Shall act as Lead Member for and on behalf of Joint<br />
Venture/Consortium Members. The said Joint Venture/Consortium members further declare and<br />
confirm that they shall jointly and severally be bound and shall be fully responsible to the Owner<br />
for supply, erection, Testing & commissioning as per the scope of work and successful<br />
performance of the works, obligations under the same by the Lead Member are as follows:<br />
i) Despite any breach by the Lead Member or other Member(s) of the Joint Venture/Consortium<br />
agreement, the Member(s) do hereby agree and undertake to ensure full and effectual and<br />
successful performance of the contract with the Owner and to carry out all the obligations and<br />
responsibilities under the said Contract in accordance with the requirements of the Contract.<br />
ii) If the Owner suffers any loss or damage on account of any breach in the Contract or any<br />
shortfall in the performance of the equipment in meeting the performance guaranteed as per the<br />
specification in terms of the Contract, the Members (s) of these presents undertake to promptly<br />
make good such loss or damages caused to the Owner, on its demand without any demur. It.<br />
shall not be necessary or obligatory for the Owner to proceed against Lead Member to these<br />
presents before proceeding against or dealing with the other Members(s). The obligation of<br />
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each of the member is absolute and not independent of the Joint Venture/Consortium or any<br />
member.<br />
iii) The financial liability of the Members of this Joint Venture/Consortium agreement to the<br />
Owner, with respect to any of the claims arising out of the performance of non- performance of<br />
the obligations set forth in the said Joint Venture/Consortium agreement, read in conjunction<br />
with the relevant conditions of the Contract shall, however, not be limited in any way so as to<br />
restrict or limit the liabilities of any of the Partners of the Joint Venture/Consortium agreement.<br />
The liability of each Member is absolute and not severable.<br />
iv) It is expressly understood and agreed between the Members to this Joint Venture/Consortium<br />
agreement that the responsibilities inter se amongst the Members shall not in any way be a<br />
limitation of joint and several responsibilities and liabilities of the Members to the Owner. It is<br />
clearly understood that the Lead member shall ensure performance under the agreements and if<br />
one or more Joint venture/Consortium Member(s) fail to perform its/their respective obligations<br />
under the agreement(s), the same shall be deemed to be a default by all the Joint<br />
venture/Consortium Members. It will be open for the Owner to take any steps, punitive and<br />
corrective action including the termination of contract in case of such default also.<br />
v) This Joint Venture agreement shall be construed and interpreted in accordance with the laws of<br />
India and the courts of Odisha shall have the exclusive jurisdiction within Bhubaneswar in all<br />
matters arising there under.<br />
vi) In case of an award of a Contract, all the Members to the Joint Venture/Consortium agreement<br />
do hereby agree that Lead Partner shall furnish Performance Bank Guarantee for value of 10%<br />
of the Contract Price and additional 1% by the other Joint Venture/Consortium Member in the<br />
form of an unconditional irrecoverable Bank Guarantee in the prescribed format and as per<br />
terms of the contract.<br />
vii) It is further agreed that the Joint Venture/Consortium agreement shall be irrevocable and shall<br />
form an integral part of the Contract, and shall continue to be enforceable till the Owner<br />
discharges the same. It shall be effective from the date first mentioned above for all purposes<br />
and intents.<br />
viii) Capitalized terms used but not defined herein shall have same meaning as assigned to them in<br />
the Tender Documents and/or the agreements.<br />
ix) In case of any dispute amongst the members of the Joint Venture/Consortium, Owner shall not<br />
be in any way liable and also the Consortium members shall not be absolved from the<br />
contractual obligation in any manner.<br />
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IN WITNESS WHEREOF the Members to the Joint Venture/Consortium agreement have through their<br />
authorized representatives executed these presents and affixed Common Seals of their companies, on<br />
the day, month and year first mentioned above.<br />
1. Common Seal …………….……of For Lead Member/First Member<br />
has been affixed in my/our presence<br />
pursuant to the Board of Director's<br />
resolution dt.------------<br />
(Signature of authorized representative)<br />
Name... …………….…………….<br />
Signature.. ………….…………….<br />
Designation …….…………….<br />
Name …………….…………….…………… Common Seal of the company<br />
Designation…………….…………….…. …………….…………….…………….<br />
2. Common Seal of …………….…… For Second Member<br />
has been affixed in my/our presence<br />
pursuant to the Board of Director's<br />
(Signature of authorized<br />
resolution dated<br />
representative)<br />
Name... …………….…………….<br />
Signature.. ………….…………….<br />
Designation ……….…………….<br />
Name …………….…………….…………… Common Seal of the company<br />
Designation…………….…………….… …………….…………….………….<br />
2. Common Seal of …………….…… For Third Member<br />
has been affixed in my/our presence<br />
pursuant to the Board of Director's<br />
(Signature of authorized<br />
resolution dated<br />
representative)<br />
Name... …………….…………….<br />
Signature.. ………….…………….<br />
Designation ……….…………….<br />
Name …………….…………….…………… Common Seal of the company<br />
Designation…………….…………….… …………….…………….………….<br />
3. Common Seal of …………….……<br />
For Fourth Member<br />
has been affixed in my/our presence<br />
pursuant to the Board of Director's<br />
(Signature of authorized<br />
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esolution dated<br />
representative)<br />
Name... …………….…………….<br />
Signature.. ………….…………….<br />
Designation ……….…………….<br />
Name …………….…………….…………… Common Seal of the company<br />
Designation…………….…………….… …………….…………….………….<br />
WITNESSES:<br />
1.…………….…………….………….<br />
(Signature)<br />
Name …………..…………….……<br />
2.…………….…………….………….<br />
(Signature)<br />
Name …………….…………….…<br />
(Official address)<br />
(Official address)<br />
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ANNEXURE – VII (A)<br />
To<br />
LETTER OF COMPLIANCE OF QUALIFYING REQUIREMENT<br />
(In case of Bidder being a Single Firm)<br />
<strong>CAPEX</strong> CELL<br />
Corporate Office , <strong>NESCO</strong>,<br />
Januganj,Balasore-756019<br />
Dear Sirs,<br />
I/We ……………. (Name of Bidder) are submitting the bid as a single firm. In support of our<br />
meeting the Qualifying requirements (QR) for bidders, stipulated in this tender specification,<br />
we furnish herewith the details/documents etc. as follows.<br />
Table – A: Previous Works Experience:<br />
Package<br />
Quoted<br />
for<br />
Description<br />
of Proposed<br />
Works<br />
Tender<br />
Qty<br />
Sl.<br />
No.<br />
FY<br />
Qty Installed & Commissioned<br />
Name<br />
of<br />
Client<br />
WO Ref<br />
Qty<br />
Installed<br />
Documents<br />
provided in<br />
proof of having<br />
executed the<br />
works during<br />
the relevant<br />
FY.<br />
Table – B: Average Annual Turnover:<br />
Package Quoted for<br />
Estimated<br />
Cost of the<br />
Package<br />
(Rs. in Lakh)<br />
Annual Turnover Data<br />
(Rs. in Lakh)<br />
Financial Year<br />
Last Three Year preceding to<br />
the year of tender<br />
Turnover<br />
(Rs. in Lakh)<br />
Total Estimated Cost of<br />
the packages quoted for<br />
Average Turnover<br />
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Table – C: Access to Credit Facility:<br />
Package Quoted for<br />
Total Estimated Cost<br />
of the packages<br />
quoted for<br />
One fifth of the total<br />
Estimated Cost as<br />
above.<br />
Estimated Cost<br />
of the Package<br />
(Rs. in Lakh)<br />
Liquid Assets as on<br />
31.03.2012 Credit Facility<br />
(Rs. in<br />
Lakh) Description<br />
Description<br />
Cash in<br />
Hand<br />
Cash at<br />
Bank<br />
Fixed<br />
Deposits<br />
Total<br />
Liquid<br />
Assets<br />
Cash<br />
Credit<br />
LC<br />
Others (Pl<br />
Specify)<br />
Total<br />
Credit<br />
Facility<br />
(Rs. in<br />
Lakh)<br />
Note: Continuation sheets, of like size and format, may be used as per Bidder‟s requirements and<br />
annexed to this Schedule.<br />
I/We declare that we are fulfilling the qualifying requirements as per clause no. 2.0 of Section –<br />
I, Invitation for Bids (IFB).<br />
For & on behalf of ………… (Name of the Bidder).<br />
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ANNEXURE – VII (B)<br />
To<br />
<strong>CAPEX</strong> CELL<br />
Corporate Office,<br />
<strong>NESCO</strong>,Januganj,<br />
Balasore-19<br />
LETTER OF COMPLIANCE OF QUALIFYING REQUIREMENT<br />
(In case of Bidder being a Joint Venture / Consortium Firm)<br />
Dear Sirs,<br />
I/We ……………. (Name of Bidder) are submitting the bid as a single firm. In support of our<br />
meeting the Qualifying requirements (QR) for bidders, stipulated in this tender specification,<br />
we furnish herewith the details/documents etc. as follows.<br />
Name of the members of the JV / Consortium<br />
1.<br />
2.<br />
3.<br />
Table – A: Previous Works Experience: Name of the Member (any one member only)<br />
Package<br />
Quoted<br />
for<br />
Description<br />
of Proposed<br />
Works<br />
Tender<br />
Qty<br />
Sl.<br />
No.<br />
FY<br />
Qty Installed & Commissioned<br />
Name<br />
of<br />
Client<br />
WO Ref<br />
Qty<br />
Installed<br />
Documents<br />
provided in<br />
proof of<br />
having<br />
executed the<br />
works during<br />
the relevant<br />
FY.<br />
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Table – B: Average Annual Turnover: (All the members of JV/Consortium taken<br />
together)<br />
Package Quoted<br />
for<br />
Total Estimated<br />
Cost of the<br />
packages quoted<br />
for<br />
Estima<br />
ted<br />
Cost of<br />
the<br />
Packag<br />
e<br />
(Rs. in<br />
Lakh)<br />
Annual Turnover<br />
(Rs. in Lakh)<br />
Name of<br />
Member 1<br />
Turnov<br />
er<br />
(Rs. in<br />
Lakh)<br />
Annual Turnover<br />
(Rs. in Lakh)<br />
Name of<br />
Member 2<br />
Turno<br />
ver<br />
(Rs. in<br />
Lakh)<br />
Total Annual<br />
Turnover<br />
(Rs. in Lakh)<br />
Name of<br />
Member 2<br />
Financial<br />
Year<br />
Financial<br />
Year<br />
Financial<br />
Year<br />
FY 2009 -10 FY 2009 -10 FY 2009 -10<br />
FY 2010 - 11 FY 2010 - 11 FY 2010 - 11<br />
FY 2011 - 12 FY 2011 - 12 FY 2011 - 12<br />
Total Total Total<br />
Average<br />
Turnover<br />
Turn<br />
over<br />
(Rs.<br />
in<br />
Lakh<br />
)<br />
Table – C: Access to Credit Facility: (All the members of JV/Consortium taken together)<br />
Package Quoted for<br />
Estimated Cost<br />
of the Package<br />
(Rs. in Lakh)<br />
Liquid Assets as on<br />
31.03.2012 Credit Facility<br />
Member 1 Member 1<br />
Description<br />
Cash in<br />
Hand<br />
Cash at<br />
Bank<br />
Fixed<br />
Deposits<br />
Total<br />
Liquid<br />
Assets<br />
(Rs. in<br />
Lakh)<br />
Description<br />
Cash<br />
Credit<br />
LC<br />
Others (Pl<br />
Specify)<br />
Total<br />
Credit<br />
Facility<br />
(Rs. in<br />
Lakh)<br />
Liquid Assets as on<br />
31.03.2012 Credit Facility<br />
Member 2 Member 2<br />
Description<br />
(Rs. in<br />
Lakh)<br />
Description<br />
(Rs. in<br />
Lakh)<br />
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Cash in<br />
Hand<br />
Cash at<br />
Bank<br />
Fixed<br />
Deposits<br />
Total<br />
Liquid<br />
Assets<br />
Cash<br />
Credit<br />
LC<br />
Others (Pl<br />
Specify)<br />
Total<br />
Credit<br />
Facility<br />
Total Estimated Cost of<br />
the packages quoted for<br />
One fifth of the total<br />
Estimated Cost as above.<br />
Liquid Assets as on<br />
31.03.2012 Credit Facility<br />
Total for<br />
Total for<br />
JV 2<br />
JV 2<br />
(Rs. in<br />
Lakh) Description<br />
Description<br />
Cash in<br />
Hand<br />
Cash at<br />
Bank<br />
Fixed<br />
Deposits<br />
Total<br />
Liquid<br />
Assets<br />
Cash<br />
Credit<br />
LC<br />
Others (Pl<br />
Specify)<br />
Total<br />
Credit<br />
Facility<br />
(Rs. in<br />
Lakh)<br />
Note: Continuation sheets, of like size and format, may be used as per Bidder‟s requirements<br />
and annexed to this Schedule.<br />
I/We declare that we are fulfilling the qualifying requirements as per clause no. 2.0 of Section –<br />
I, Invitation for Bids (IFB).<br />
For & on behalf of ………… (Name of the<br />
Bidder). (All members of JV / Consortium should<br />
sign).<br />
Details of qualification and experience of key personnel proposed for carrying out the works<br />
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Sl.<br />
No<br />
Name of<br />
Personnel<br />
Degree/<br />
Diplom<br />
a<br />
Bra<br />
nch<br />
Year of<br />
Passing<br />
Fro<br />
m<br />
To<br />
Past Experience<br />
Name of<br />
Employ<br />
er<br />
Position<br />
Held<br />
Responsibiliti<br />
es/ Relevant<br />
experience<br />
Date:<br />
Place:<br />
(Signature) …………………..<br />
(Printed Name) ……………….<br />
(Designation) …………………..<br />
(Common Seal) …………………<br />
Note: 1. Continuation sheets, of like size and format, may be used as per Bidder‟s<br />
requirements and annexed to this Schedule.<br />
2. In case of Joint Venture, separate sheet for each partner of Joint Venture<br />
should be used.<br />
Details for sub-contracting elements amounting to more than 10% of bid price<br />
Sl.<br />
No Item Description<br />
Qty. proposed to be bought-out/<br />
Sub- contracted<br />
Source of Supply<br />
1.<br />
2.<br />
3.<br />
4.<br />
Date:<br />
Place:<br />
(Signature) …………………..<br />
(Printed Name) ……………….<br />
(Designation) …………………..<br />
(Common Seal) …………………<br />
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ANNEXURE – VIII<br />
Bidder‟s Name & Address<br />
To<br />
<strong>CAPEX</strong> CELL<br />
Corporate Office, <strong>NESCO</strong>,<br />
Januganj, Balasore-19<br />
DETAILS OF COMMERCIAL DEVIATIONS<br />
Dear Sirs,<br />
Sub: Commercial Deviation for Construction of Name of the project.<br />
The following are the Commercial Deviations and variations from and exceptions to the<br />
specifications and documents for the subject Project. These deviations and variations are<br />
exhaustive. Except for these deviations, the entire work shall be performed as per your<br />
specifications and documents<br />
Ref./Page<br />
As specified in the<br />
Commercial deviation and variation<br />
Volume/Clause<br />
No.<br />
Specification<br />
to the specification<br />
Date:<br />
(Signature) …………………..<br />
Place:<br />
(Printed Name) ……………….<br />
(Designation) …………………..<br />
(Common Seal) …………………<br />
Note: 1. Continuation sheets, of like size and format, may be used as per Bidder‟s<br />
requirements and annexed to this Schedule.<br />
2. This will be read out during opening of Part-I Bid.<br />
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ANNEXURE – IX<br />
Bidder‟s Name & Address<br />
To<br />
<strong>CAPEX</strong> CELL<br />
Corporate Office, <strong>NESCO</strong>,<br />
Januganj, Balasore-19<br />
DETAILS TECHNICAL DEVIATIONS<br />
Dear Sirs,<br />
Sub: Technical Deviation for Construction of ………………. (Name of the Project)<br />
The following are the Technical Deviations and variations from and exceptions to the<br />
specifications and documents for the subject package. These deviations and variations are<br />
exhaustive. Except for these deviations, the entire work shall be performed as per your<br />
specifications and documents<br />
Volume/Clause<br />
Ref./Page No.<br />
As specified in the<br />
Specification / Relevant<br />
ISS<br />
Technical deviation and<br />
variation to the<br />
specification<br />
Date:<br />
Place:<br />
(Signature) …………………..<br />
(Printed Name) ……………….<br />
(Designation) …………………..<br />
(Common Seal) …………………<br />
Note: 1. Continuation sheets, of like size and format, may be used as per Bidder‟s<br />
requirements and annexed to this Schedule.<br />
2. The deviations and variations, if any, shall be brought out separately for each of the<br />
equipment.<br />
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ANNEXURE – X<br />
ADDITIONAL INFORMATION<br />
Bidder‟s Name & Address<br />
To<br />
<strong>CAPEX</strong> CELL<br />
Corporate Office, <strong>NESCO</strong>,<br />
Januganj, Balasore-19<br />
Dear Sirs,<br />
We have enclosed with our proposal the following additional information for the subject,<br />
package.<br />
Sl. No Brief description of Information Ref.& Page No.<br />
Date:<br />
(Signature) …………………..<br />
Place:<br />
(Printed Name) ……………….<br />
(Designation) …………………..<br />
(Common Seal) …………………<br />
Note: Continuation sheets, of like size and format, may be used as per Bidder‟s requirements<br />
and annexed to this Schedule.<br />
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BOUGHT OUT & SUB CONTRACTED ITEMS<br />
ANNEXURE – XI<br />
Bidder‟s Name & Address<br />
To<br />
<strong>CAPEX</strong> CELL<br />
Corporate Office, <strong>NESCO</strong>,<br />
Januganj, Balasore-19<br />
Dear Sirs,<br />
We hereby furnish the details of the items/sub-assemblies amounting to more than 10% of our<br />
bid price, we propose to buy for the purpose of subject package<br />
Sl. No Item description Qty. Proposed Source of Supply<br />
Be bought/<br />
Sub-contracted<br />
1. …………………… ………………………….. …………………………..<br />
2. ……………………. ……………………………. …………………………..<br />
3. …………………….. ……………………………. ……………………………<br />
4…………………….. ……………………………. …………………………….<br />
5. ……………………. …………………………….. …………………………….<br />
6. …………………… …………………………….. …………………………….<br />
7. …………………… …………………………….. …………………………….<br />
Date:<br />
Place:<br />
(Signature) …………………..<br />
( Printed Name) ……………….<br />
(Designation) …………………..<br />
(Common Seal)<br />
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ANNEXURE – XII<br />
WORK COMPLETION SCHEDULE<br />
Bidder‟s Name & Address<br />
To<br />
<strong>CAPEX</strong> CELL<br />
Corporate Office,<br />
<strong>NESCO</strong>, Januganj,<br />
Balasore-19<br />
Dear Sirs,<br />
We hereby declare that the following Work Completion Schedule shall be followed by us for<br />
the purpose of subject package<br />
Sl. No Description of Work Period in Months( from the date of LOA)<br />
1 Completion of detailed engineering<br />
2 Procurement of raw materials<br />
3 Establishment of site office<br />
4 Erection<br />
(a) Commencement<br />
(b) Completion<br />
5 Testing & Pre-commissioning<br />
(a) Commencement<br />
(b) Completion<br />
6 Commissioning<br />
Date:<br />
(Signature) …………………..<br />
Place: (Printed Name) ………………. (Designation) ………………….. (Common<br />
Seal) ………………..<br />
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ANNEXURE – XIII<br />
CHECK LIST<br />
Bidder‟s Name & Address:<br />
To<br />
<strong>CAPEX</strong> CELL<br />
Corporate Office,<br />
<strong>NESCO</strong>, Januganj,<br />
Balasore-19<br />
Dear Sir,<br />
Sl.<br />
Item Description<br />
Status of the<br />
Remarks<br />
No.<br />
Submission<br />
of data<br />
1 2 3<br />
1. Bid Guarantee Yes /No If yes please give details No, amount,<br />
validity & date of issue.<br />
2. Qualifying Data Yes /No<br />
3. Commercial Deviation Yes /No<br />
4. Technical Deviation Yes /No<br />
5. Cost of withdrawn of<br />
Yes /No<br />
deviations<br />
6. Bid validity Yes /No If yes state here the period.<br />
7. Period of completion Yes/No If, yes please state here the period of<br />
completion.<br />
8. Additional information<br />
offered by bidder<br />
State here briefly<br />
N.B.:- The contents of this schedule will be read out during opening of Part-I Bid.<br />
Signature of Bidder Date & Seal:<br />
N.B:-<br />
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1. The bid guarantee one original and one copy shall be furnished in two separate<br />
sealed envelope appropriately superscribed thereon.<br />
2. All Schedules pertaining to prices (originals) shall be furnished in a sealed envelope<br />
duly superscribed thereon. Similarly one set of copies of such schedules shall be<br />
given in a separate sealed envelope (these are not to be opened during opening of<br />
Part –I ).<br />
3. All other schedules, one set original and another copy shall be submitted in two<br />
separate sealed envelope (these are to be opened during Part –I bid opening )<br />
Date:<br />
(Signature) …………………..<br />
Place:<br />
(Printed Name) ……………….<br />
(Designation) …………………..<br />
(Common Seal) ………………..<br />
T . N : N E S C O / C A P E X / S U P P L Y & I N S T A L L A T I O N / 1 5 , D T D . 21. 0 1 . 1 3 Page 86
ANNEXURE – XIV<br />
Page 1 of 3<br />
PROFORMA OF INDEMNITY BOND TO BE EXECUTED BY THE CONTRACTOR FOR<br />
THE EQUIPMENT/MATERIAL HANDED OVER BY <strong>NESCO</strong> FOR PERFORMANCE OF ITS<br />
CONTRACT<br />
(Entire Equipment consignment in one lot)<br />
(On non-Judicial stamp paper of appropriate Value)<br />
INDEMNITY BOND<br />
THIS INDEMNITY BOND is made this ............. day of ...........20.............. by.................... a Company<br />
registered under the Companies Act, 1956/ Partnership Firm / Proprietary<br />
Concern having its<br />
Registered Office at .........................(hereinafter called as „Contractor‟ or “Obligor” which expression<br />
shall include its successors and permitted assigns ) in favour of North Eastern Electricity Supply<br />
Company of Orissa Ltd.(<strong>NESCO</strong>) ,Corporate Office, Januganj, Balasore –756019, Odisha<br />
registered under the Company Act 1956<br />
include its successors and assigns ) :<br />
(here in after called “Owner”)”Which expression shall<br />
WHEREAS Owner has awarded to the Contractor a Contract for ............... vide its Letter of Award /<br />
Contract No.................... dated.................... and its Amendment No. .................. and Amendment<br />
No.................. (applicable when amendments have been issued) hereinafter called the “Contract”) in<br />
terms of which Owner<br />
the Contract.<br />
is required to handover various equipment to the Contractor for execution of<br />
And WHERAS by virtue of Clause No............. of the said Contract, the Contractor is required to<br />
executive an Indemnity Bond in favour of Owner<br />
for the Equipment/Material handed over to it by<br />
Owner for the purpose of performance of the Contract / Erection portion of the Contract (hereinafter<br />
called the “Equipment”)<br />
<strong>NO</strong>W THEREFORE, This Indemnity Bond witnessth as follows:<br />
1. That in consideration of various equipment as mentioned in the Contract, valued at Rs... ................<br />
(Rupees .....................) handed over to the Contractor for the purpose of performance of the<br />
Contract, the Contractor hereby undertakes to indemnify and shall keep Owner indemnified, for the<br />
full value of the Equipment. The Contractor hereby acknowledges receipt of the Equipment as per<br />
dispatch title documents handed over to the Contractor duly endorsed in their favour and detailed in<br />
the Schedule appended hereto. It is expressly understood by the Contractor that handing over of the<br />
dispatch title documents in respect of the said Equipment duly endorsed by Owner in favour of the<br />
Contractor shall be construed as handing over of the Equipment purported to be covered by such title<br />
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documents and the Contractor shall hold such Equipment is trust as a Trustee for and on behalf of<br />
Owner.<br />
2. That the Contractor is obliged and shall remain absolutely responsible for the safe transit / protection<br />
and custody of the Equipment at Owner project Site against all risks, whatsoever, till the Equipment<br />
are duly used / erected in accordance with the terms of the Contract and the Plant / Package duly<br />
erected and commissioned in accordance with the terms of the Contract, is taken over by Owner.<br />
The Contractor undertakes to keep Owner harmless against any loss or damage that may be caused<br />
to the Equipment.<br />
3. The Contractor undertakes that the Equipment shall be used exclusively for the performance /<br />
execution of the Contract strictly in accordance with its terms and conditions and no part of the<br />
equipment shall be utilized for any other work or purpose whatsoever. It is clearly understood by the<br />
Contractor that non-observance of the obligations under this Indemnity Bond by the Contractor shall<br />
inter-alia constitute a criminal breach of trust on the part of the Contractor for all intents and purpose<br />
including legal / penal consequences .<br />
4. That <strong>NESCO</strong> (as the case may be) is and shall remain the exclusive Owner of the Equipment free<br />
from all encumbrances, charges or liens of any kind, whatsoever. The Equipment shall at all times<br />
be open to inspection and checking by Engineer in Charge / Engineer or other employees/agents<br />
authorized by him in this regard. Further, Owner shall always be free at all times to take possession<br />
of the Equipment in whatever form the Equipment may be, if in its opinion the Equipment are likely<br />
to be endangered, misutilised or converted to uses other than those specified in the Contract, by<br />
any acts of omission or commission on the part of the Contractor binds himself and undertakes to<br />
comply with the direction of demand of Owner to return the Equipment without any demur or<br />
reservation.<br />
5. That this indemnity Bond is irrevocable. If at any time any loss or damage occurs to the Equipment<br />
or the same or any part thereof is misutilised in any manner whatsoever, then the Contractor hereby<br />
agrees that the decision of the Engineer-in-Charge/Engineer of Owner as to assessment of loss or<br />
damage to the Equipment shall be final and binding on the Contractor. The Contractor binds itself<br />
and undertakes to replace the lost and/or damaged Equipment at its own cost and/or shall pay the<br />
amount of loss of Owner without demur, reservation or protest. This is without prejudice to any<br />
other right or remedy that may be available to Owner against the Contractor under the Contract<br />
and under this Indemnity Bond.<br />
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6. <strong>NO</strong>W THE CONDITION of this Bond is that if the Contractor shall duly and punctually comply with<br />
terms and conditions of this Bond to the satisfaction of Owner, THEN, the above Bond shall be void,<br />
but otherwise, it shall remain in full force and virtue.<br />
IN WITNESS WHEREOF, the Contractor has hereunto set its hand through its authorized representative under the<br />
common seal of the Company, the day, month and year first above mentioned.<br />
SCHEDULE<br />
Particulars of<br />
the<br />
Equipment<br />
handed over<br />
Quantity<br />
Particulars of Dispatch Title<br />
Documents<br />
RR / GR / No. / Carrier<br />
Date of Bill of<br />
Lading<br />
Value of the<br />
Equipment<br />
Signature of<br />
Attorney (authorised<br />
representative as a<br />
token of receipt<br />
For an on behalf of M/s..............................................<br />
WITNESS<br />
1. 1. Signature ...................................... Signature .....................................<br />
2. Name ........................................... Name ..........................................<br />
3. Address........................................ Designation ................................<br />
Authorised representative *<br />
2. 1. Signature .....................................<br />
2. Name ..........................................(Common Seal in case of Company)<br />
3. Address .......................................<br />
* Indemnity Bonds are to be executed by the authorised person and (i) in case of Contracting<br />
Company under common seal of the Company or (ii) having the Power of Attorney issued under<br />
common seal of the company with authority to execute Indemnity Bonds, (iii) In case of (ii), the<br />
original Power of Attorney if it is specifically for this Contract or a Photostat copy of the Power of<br />
Attorney if it is General Power of Attorney and such documents should be attached to Indemnity<br />
Bond.<br />
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ANNEXURE-XV<br />
Sir,<br />
SELF DECLARATION FORM<br />
Name of the Purchaser: -------------------------<br />
Tender Notice No: -----------------------------<br />
1. I / we, the undersigned do hereby declare that, I / we have never ever been blacklisted and<br />
/ or there were no debarring actions against us for any default in supply of material /<br />
equipments or in the performance of the contract entrusted to us in any of the Electricity<br />
Utilities of India.<br />
2. In the event of any such information pertaining to the aforesaid matter found at any<br />
given point of time either during the course of the contract or at the bidding stage, my<br />
bid/contract shall be liable for truncation / cancellation / termination without any notice at<br />
the sole discretion of the purchaser.<br />
Place-<br />
Date-<br />
Yours faithfully,<br />
Signature of the bidder<br />
With seal<br />
(This form shall be duly filled-up and signed by the bidder & submitted along with the<br />
original copy of the Bid.)<br />
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ANNEXURE – XVI (A)<br />
PROFORMA FOR BANK GUARANTEE FOR EARNEST MONEY DEPOSIT<br />
(ON <strong>NO</strong>N-JUDICIAL STAMP PAPER OF Rs.100/-)<br />
Ref Date Bank Guarantee No:<br />
In accordance with invitation to Tender Notice No.--------- Dated ------------- of North Eastern<br />
Electricity Supply Company of Orissa Ltd. [herein after referred to as the <strong>NESCO</strong>] for the execution of<br />
(name of package)<br />
M/s<br />
Address<br />
wish/wished to participate in the said<br />
tender and as the Bank Guarantee for the sum of Rs.<br />
[Rupees<br />
Valid for a period of ………… days (in<br />
words) is required to be submitted by the Bidder.<br />
1.We the<br />
[Indicate the Name of the Bank]<br />
[Hereinafter referred to as „the Bank‟] at the request of M/S<br />
[Herein after referred to as<br />
supplier (s)] do hereby unequivocally and unconditionally guarantee and undertake to pay during the<br />
above said period, on written request by <strong>NESCO</strong> an amount not exceeding Rs.<br />
to<br />
the <strong>NESCO</strong>, without any reservation. The guarantee would remain valid up to 4.00 PM of<br />
[date] and if any further extension to this is required, the same will be extended<br />
on receiving instructions from M/s<br />
on whose behalf<br />
this guarantee has been issued.<br />
2. We the [Indicate the name of the bank] do hereby<br />
further undertake to pay the amounts due and payable under this guarantee without any demur, merely<br />
on a demand from the <strong>NESCO</strong> stating that the amount claimed is due by way of loss or damage caused<br />
to or would be caused to or suffered by the <strong>NESCO</strong> by reason of any breach by the said supplier [s] of<br />
any of the terms or conditions or failure to perform the said Bid. Any such demand made on the Bank<br />
shall be conclusive as regards the amount due and payable by the Bank under this guarantee. However,<br />
our liability under this guarantee shall be restricted to an amount not exceeding<br />
Rs.<br />
(in wards)<br />
3. We, the Bank undertake to pay the <strong>NESCO</strong> any money so demanded not<br />
withstanding any dispute or disputes so raised by the supplier [s] in any suit or proceeding<br />
instituted/pending before any Court or Tribunal relating thereto, our liability under this agreement being<br />
absolute and unequivocal. The payment so made by us under this bond shall be a valid discharge of our<br />
liability for payment there under and the supplier(s) shall have no claim against us for making such<br />
payment.<br />
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4. We, the Bank [Indicate the name of the bank] or our local branch at Bhubaneswar further<br />
agree that the guarantee herein contain shall remain in full force and effect during the aforesaid period of --<br />
------------ days and it shall continue to be so enforceable till all the dues of the <strong>NESCO</strong> under by virtue of<br />
the said Bid have been fully paid and its claims satisfied or discharged or till <strong>NESCO</strong> certifies that the<br />
terms and conditions of the said Bid have been fully and properly carried out by the said Supplier [s] and<br />
accordingly discharges this guarantee. Unless a demand or claim under this guarantee is made on us in<br />
writing on or before the<br />
guarantee thereafter.<br />
(date) we shall be discharged from all liability under this<br />
5. We, the Bank [Indicate the name of the bank] or our local branch at Bhubaneswar further<br />
agree that the <strong>NESCO</strong> shall have the fullest liberty without our consent and without affecting in any<br />
manner our obligations here under to vary any of the terms and conditions of the said Bid or to extend time<br />
of performance by the said Supplier [s] from time to time or to postpone for any time or from time to time<br />
any of the powers exercisable by the <strong>NESCO</strong> against the said supplier [s] and to forbear or enforce any of<br />
the terms and conditions relating to the said bid and we shall not be relieved from our liability by reason of<br />
any such variation, postponement or extension being granted to the said Supplier [s] or for any forbearance<br />
act or omission on the part of the <strong>NESCO</strong> or any indulgence by the <strong>NESCO</strong> to the said Supplier[s] or by<br />
any such matter or thing whatsoever which under the law relating to sureties would but for this provision,<br />
have effect of so relieving us.<br />
6. This guarantee will not be discharged due to the change in the name, style and constitution of the Bank<br />
or the supplier [s].<br />
7. We, the _Bank or our local branch at Bhubaneswar lastly undertake not revoke this<br />
Guarantee during its currency except with the previous consent of the <strong>NESCO</strong> in writing.<br />
8. We, the Bank further agree that this guarantee shall also be invokable at<br />
our place of business at Bhubaneswar [Indicate address & Branch code of local branch at<br />
Bhubaneswar] in the State of Orissa.<br />
Dated Day of 2012.<br />
Witness ((Signature, names & address) For [Indicate the name of Bank]<br />
1. Power of Attorney No.<br />
2 Date:<br />
SEAL OF BANK<br />
Note: The non-judicial stamp paper of worth Rs.100/- shall be purchased in the name of the<br />
bank, which has issued the bank guarantee.<br />
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ANNEXURE- XVI (B)<br />
FORM OF EXTENSION OF BANK GUARANTEE<br />
(ON <strong>NO</strong>N-JUDICIAL STAMP PAPER OF Rs.100/-)<br />
Ref. No.<br />
Dated:<br />
<strong>NESCO</strong> Ltd.,<br />
Corporate Office,<br />
Januganj, Balasore-19<br />
Dear Sirs,<br />
Sub: Extension of Bank Guarantee No. for Rs. favouring yourselves<br />
expiring on account of M/s. in respect of contract<br />
No. dated (hereinafter called original bank guarantee).<br />
At the request of M/s. we bank Branch office at having its<br />
head office at<br />
do hereby extend our liability under the above mentioned guarantee No.<br />
Dated for a further period of Years/months from to<br />
expire on<br />
except as provided above, all other terms and conditions of the original bank<br />
guarantee No. _dated shall remain unaltered and binding.<br />
Please treat this as an integral part of the original guarantee to which it would be attached.<br />
Yours faithfully,<br />
For<br />
Manager/Agent/Accountant<br />
Power of Attorney No.<br />
Date:<br />
SEAL OF BANK<br />
Note: The non-judicial stamp paper of worth Rs.100/- shall be purchased in the name of the bank,<br />
which has issued the bank guarantee.<br />
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