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(VERSION-III)
DAMODAR VALLEY CORPORATION (ESTABLISHED
BY THE ACT XIV OF 1948)DVC TOWERS : VIP
ROAD : KOLKATA – 700 054
W& P Manual – 2012

Damodar Valley Corporation
Materials Management Department
DVC Towers, VIP Road
Kolkata – 700 054
Works & Procurement Manual - 12 (Version-2)
The draft copy of the W&PM – 12 (say Version-Zero) appears to have been
revised (to say Version -1) and taken to the Board.
The Board while approving the proposal, empowered Chairman DVC for
approving minor changes.
Based on the recommendations of the Standing Committee and approval of
the Chairman, Version-2 of the W&PM-12 is being issued.
The Standing Committee will meet every three months to review clauses of
this manual.
In case further changes are formulated and approved, the same would be
updated over the current version and the updated Manual named as Version-3,
Version-4 and so on. Information on revisions made would also be posted in the
DVC website.
Users of the manual may kindly ensure that they consult the latest version
of the W&PM-12 at all times of use.
Dated:18 th April 2013
(Amitava Dasgupta)
Chief Engineer (C&M)

Damodar Valley Corporation
Materials Management Department
DVC Towers, VIP Road
Kolkata – 700 054
Works & Procurement Manual – 2012
A soft copy of the Works and Procurement Manual, revised in 2012 and
approved by the DVC Board is forwarded for circulation. Hard copy of the same
would also be forwarded subsequently in form of a Book.
Dated: 09.01.2013
(Amitava Dasgupta)
Chief Materials Manager

Fundamental Canons
1. Executives shall hold paramount the safety, health and welfare of the
public and shall strive to comply with the principles of sustainable
development in the performance of their professional duties.
2. Executives shall refrain from issuing public statements. If imperative,
statements be made only in an objective and truthful manner.
3. Executives shall build their professional reputation on the merit of their
services and shall not compete unfairly with others.
4. Executives shall act in professional matters avoiding any conflicts of
interest.
5. Executives shall act in such a manner as to uphold and enhance the
honour, integrity, and dignity of the organization and shall act with zerotolerance
for bribery, fraud, and corruption.
6. Executives shall continue their professional development throughout their
careers, and shall provide opportunities for the professional development of
juniors under their supervision.
Page-1

INDEX
Sl.No Particulars Page
Part-I : General
1 Objectives 11
2 Power for interpretations, modification and
deviations
3 Clarification of works & procurement manual 12
4 Processing of indent & placement of order 12
5 Procedure for indenting 12
I) Indent 12
II) Last purchase price/ work order value 12
III) Estimate 13
6 Purchase procedure 15
I) E-procurement 15
II) Processes for e-tendering 16
III) E-Procurement Help Desk 22
7 Governing laws & general principles 22
8 Pre-enquiry activities 22
9 Checklist for preparation of tender enquiries 23
10 Qualifying requirements 25
I) Financial capability 26
II) Technical capability 27
11 Formation of qr committee 28
12 Tender methodology 30
13 Selection of bidding process 31
a) Single stage bidding 31
b) Single Stage Bidding with 4 envelopes 31
c) Single Stage Bidding with 3 envelopes 32
W& P Manual – 2012 Page 2
11

d) Single Stage Bidding with 2 envelopes 33
e) Single stage bidding with 1 envelope 33
f) Invitation for bids 33
g) Pre-bid conference 33
h) Receipt and Opening of Single Stage Bids 34
i) Evaluation process 34
j) Verification of Documents 36
k) Splitting of order between two or more
suppliers
14 Mode of tendering 38
a) Open tendering 39
b) Limited tendering 40
c) Single tendering 41
d) Spot/ committee purchase 41
e) Tender due to urgency 41
15 Source standardization procedure 41
16 Integrity pact 43
17 Cost of Tender documents 44
18 Earnest money deposit for tenders 45
19 Permanent earnest money deposit 47
20 Time frame for submission of bids for different
type of tender
21 Tender documents 49
22 Pre-bid conference for single stage bidding 50
23 Amendment of bidding documents 50
24 Tender receipt (except e-tender) 51
25 Tender opening 52
26 Comparative statement preparation 53
27 Bid evaluation procedure 54
28 Ranking statement 56
W& P Manual – 2012 Page 3
38
48

29 Procedure for processing the tenders received 56
30 Level of tender committee 56
31 Scope of work of TC 57
32 Clarification through e-mail 58
33 The following tenders may be rejected
outrightly
34 Offers with shorter validity 59
35 Offers with discounts for quick
inspection/payment
36 Post tender revision / revised price bids
/supplementary price bids
37 Tenders from agents of Indian manufacturers 60
38 Delivery period consideration 61
39 Liquidated damage 61
40 Risk purchase 63
41 Reasonability of prices 64
42 Lack of competition 65
43 Purchase proposal coverage 65
44 Coverage of demand in indent 66
45 Consideration of purchase proposal/work order
proposal
46 Post tender negotiations 68
47 Process route post tender opening 68
48 Extension of validity of offers 69
49 Proposal for contracts & purchase order/ work
order
50 Estimated time for conclusion of purchase order 70
51 Agreement 72
52 Follow-up/expediting of orders and payment
process
53 Tolerance in purchase order quantity 77
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59
59
60
67
70
72

54 Pre-dispatch inspection (PDI), receipt of
material, etc
77
55 Payment term 78
a) General payment term 78
b) Payment for Turnkey contracts 78
c) Advance payment 79
56 Adoption procedure of vendors for purchase of
medicine
57 On imports 80
58 Annual maintenance/ rate contracts (AMC/
ARC) for Civil/Electrical/ Mechanical / C & I
works and rate contracts
59 Award of Contract on nomination basis 86
60 Acceptance of tender committee
recommendation of other organization
61 Publishing of summary on awards of contracts/
purchase order
Part-II : Vendor Registration
1 Vendor registration 90
1.0 Introduction 90
1.1 Objective 90
1.2 Identification of items and classification of
different works/ services for registration
1.3 Screening of application 90
1.4 Approval of registration 91
1.5 Registration & renewal 91
1.6 Guidance to domestic suppliers for filling up
vendors’ registration form
1.7 Registration form 93
Part-III : Contractor’s Performance
Evaluation
1 Contractors’ performance evaluation 123
80
83
88
89
90
91
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2 Format 123
3 Removal from the list of approved/ known
vendors/ enlisted co tractors, suspension and
banning of business dealings with firms &
contractors
4 Suspension of Business Dealings with the
Firm/Contractor
5 Banning of Business Dealings 134
6 Appeal against Banning Order 136
Part-IV: NIT & GCC
1 Format 138
2 Notice inviting tender 138
3 General conditions of contract 146
132
133
1 Definition 146
2 Reference 146
3 Specifications and drawings 147
4 General information 147
5 Bidding documents 148
6 Earnest money deposit (if applicable) 149
7 Conditions for forfeiture of EMD 150
8 Price basis 151
9 Taxes, levies and duties 151
10 Discrepancies in the bid &treatment thereof 153
11 Offer validity 153
12 Clarifications on bid document 153
13 Amendment of bidding documents 154
14 Cost compensations for deviations 154
15 Price bid evaluation procedure 155
16 Inspection / checking / testing 156
17 Access to vendor’s premises 157
W& P Manual – 2012 Page 6

18 Transit insurance & removal of rejected goods
and replacement
157
19 Terms of payment 158
20 Additions / alterations / modifications 160
21 Delivery schedule / completion period 160
22 Liquidated damages for delay in delivery
/completion of works
160
23 Security deposit-cum-performance guarantee 161
24 Purchase preference 162
25 Source of supply 162
26 Patent rights 162
27 Force majeure 163
28 Cancellation/short closure 163
29 Owner supplied materials (OSM) 164
30 Recovery of excess consumption 164
31 Eligibility criteria of joint venture/associates in
turnkey contract
164
32 Changes in constitution of business 166
33 Waiver 166
34 Compliance of regulations 166
35 Sub-letting & assignment 166
36 Vendors drawing & data 167
37 Information provided by the purchaser /owner 167
38 Spare parts, oils & lubricants 167
39 Vendors liability 167
40 Packing and marking 168
41 Modifications 168
42 Guarantee / warranty 168
43 Mode of dispatch 169
44 Demurrage / Wharfage 169
W& P Manual – 2012 Page 7

45 Grafts / commission 169
46 Acceptances 169
47 Governing Law 170
48 Settlement of disputes & arbitration 170
49 Safety aspects to be complied 172
50 Work Program 174
51 Transfer of ownership 176
52 Changes in the facilities 176
53 Termination 178
54 Confidential information 182
55 Representatives 183
56 Site Works 184
Part-V : Annexure
ANNEXURE - A Commercial terms & conditions 188
ANNEXURE - B Price Bid 191
ANNEXURE - C Techno-commercial Deviation Schedule 193
ANNEXURE - D Cost of withdrawal of deviations 194
ANNEXURE - E
Details of Banker for making payment through
RTGS/NEFT
ANNEXURE - F Purchase Order Format 196
ANNEXURE - G Certificate of OEM/OES/ Proprietary/
Standardised articles
ANNEXURE - H Bid opening statement 201
ANNEXURE - I Release of Earnest Money Deposit 203
195
199
ANNEXURE - J
Request to Indenting Officer for No Demand
Certificate to release BG
204
W& P Manual – 2012 Page 8

ANNEXURE - K No Demand Certificate to release BG 205
ANNEXURE - L Release of Security Deposit – Bank Guarantee 206
ANNEXURE - M Bank Guarantee verification check list 207
ANNEXURE - N Form of extension of Bank Guarantee 209
ANNEXURE - O Proforma of Bank Guarantee for advance 210
ANNEXURE - P
ANNEXURE - Q
ANNEXURE - R
Proforma of Bank Guarantee in lieu of Earnest
Money Deposit
Proforma of Bank Guarantee for Security
Deposit-cum-Performance Guarantee
Checklist to be sent by Tender Committee to
TAA
ANNEXURE - S Materials Dispatch Clearance Certificate 225
ANNEXURE -T Inspection Report 226
ANNEXURE - U
Summary sheet of proposal placed at TC (at
HQ) by Field TC
ANNEXURE - V Agreement for Annual Maintenance Contract 233
ANNEXURE - W Scope of Tender Committee (TC) 246
ANNEXURE - X
List of Commercial Banks as per RBI (Source
RBI Website dt. 08-06-2012
ANNEXURE - Y Proforma BG for additional Contract Guarantee 253
ANNEXURE - Z Proforma of Integrity Pact 257
Part-VI : Closing of Contracts
213
216
223
227
250
Closing of contracts 266
1 Purpose 266
2 Scope 266
3 Process 266
4 Approval for closing of contract 267
W& P Manual – 2012 Page 9

5 Monitoring of contract closing 268
Annexure - I.1 Certificate of final amendment to the contract 270
Annexure – I.2 Drawing Receipt Certificate 271
Annexure – I.3 QA documents Receipt Certificate 272
Annexure – I.4 O&M manual Receipt Certificate (where
applicable)
Annexure – I.5 Scope Completion Certificate 274
Annexure – I.6 Liquidated Damages for delay certificate 275
Annexure – I.7
Shortfall in equipment performance certificate
(where applicable)
Annexure – I.8 Material reconciliation certificate 278
Annexure – I.9 Payment reconciliation certificate 279
Annexure - I.10 Certificate regarding labour payments and
statutory requirements to be furnished by
contractor.
Annexure-I.11 No Demand Certificate by contractor 282
Annexure-I.12 Certificate for completion of Warranty Period 283
Annexure – I.13
Certificate for return of BGs/ Indemnity Bonds
etc.
PART-VII
Annexure 285 – I.1 Letter of Bid 285
Annexure – I.2 Proforma for Affidavit 286
Annexure – I.3 Technical Parameter Sheet 287
Annexure – I.4 Price Schedule (for procurement) 288
Annexure – I.5 Price Schedule of Works 289
273
276
281
284
List of relevant O.M./Circulars 290
W& P Manual – 2012 Page 10

Part – I
1. OBJECTIVES:
To ensure procurement of equipment, materials, works and services of right quantity,
of right quality from right source at right price and at right place and time,
keeping transparency in contractual process.
To keep pace with the changed scenario under the dynamic market conditions, liberalized
economy, new technology/process/product for procurement.
To create competitive environment by providing opportunity to all qualified eligible
bidders to participate in the tendering process.
To bring out economy and efficiency in implementation of the
purchase/project/works contract within given time schedule.
To m a i n t a i n p r o p e r c o -ordination amongst c o n t r a c t o r s /suppliers/service
providers and Indenting Departments.
To prepare vendors profile as well as updating of vendor list depending upon the
performance of the vendor and explore new entries in the field.
To encourage the development of local vendors/agencies and domestic
manufacturing industries.
To explore import substitute without compromising quality and price.
2. POWER FOR INTERPRETATIONS, MODIFICATION AND DEVIATIONS:
The procedure laid down in this manual are required to be strictly followed. In case of
additional need to interpret/ modification/ addition/ deletion of any of the clauses
mentioned in this manual be referred to Standing Committee (W&P manual) constituted
under chairmanship of CMM. The standing committee will submit their recommendation
to Chairman who will be the final Authority for giving such interpretation/ minor
modification/minor addition/ minor deletion after vetting of Finance.
The standing committee will meet every three months to review the clauses of W& P manual
to update it and submit a report to Board once in a year. However approval of Board
will be obtained before any major changes in W&P manual.
In exceptional circumstances if contract is to be finalised in deviation of the provisions,
clauses, terms & conditions of the Works & Procurement Manual, then condonation of
deviation are required to be approved by Member (Technical) / Member (Secretary) as the
case may be if not specifically empowered otherwise.
Further in case there is a deviation to CVC guidelines, the same is required to be approved
by the Chairman under intimation to Board in due course and information to CVC & MOP.
W& P Manual – 2012 Page 11

3. CLARIFICATION OF WORKS & PROCUREMENT MANUAL:
Any executive seeking clarification of the Works and Procurement Manual will send mail
furnishing, clause ref, page ref and the point on which clarification is sought to Chief
Materials Manager (CMM), DVC Head Quarters. CMM should reply within 15 days of
the receipt of the mail after obtaining clarification/interpretation from Chairman where ever
required.
4. PROCESSING OF INDENT & PLACEMENT OF ORDER:
All Indents for procurement of materials including medicine and proposal for works (except civil)
should be sent to respective Contract & Material department or Technical Section for processing
and placement of order, after obtaining the approval of the competent authority as per concerned
DFP. No other Department will place order to any Party. Where Technical section is not available,
procurement functionaries will act as C & M department. All post tendering correspondence with
the Vendors/ Contractors will be made by the respective Contract & Material (C&M) department
only.
For all meetings at scrutiny committee, QR Committee & Tender Committee, convener will
be from the respective C&M department at concerned level.
NOTE: In case of TAA is Board/ Chairman for placement of order, approval of member
shall be obtained for any related activities unless specified otherwise.
5. PROCEDURE FOR INDENTING:
I INDENT:-
(a) Indent will be raised, using the indent preparation screen/ format furnishing all particulars
and submit the same for administrative approval. Indents for capital plant & machinery and
other assets should be placed separately.
(b) In case of works / service, proposal with scope of work to be placed to respective C & M
backed by all information wherever available like last work order issued mode of tender, no.
of techno-commercial acceptable offers, estimated cost along with basis, accepted rate etc.
II. LAST PURCHASE PRICE/ WORK ORDER VALUE:-
To prepare the estimate LPP may be considered on the following lines:
i) The last purchase price (LPP) / last work order value will be the price paid in the
latest contract of a similar magnitude, which is not more than three years old from the
date of tender estimate. When similar item of same magnitude is not available, alternative
methodologies may be resorted to.
ii) Where the firm holding the LPP / last work order value contract has defaulted, the fact
should be highlighted in the contract proposal and the price paid against the latest contract
placed prior to the defaulting LPP / last work order value, where supplies / works
have been completed, should be indicated but not more than three years old from the date of
estimate.
W& P Manual – 2012 Page 12

iii) Where the price indicated in the LPP / last work order value is subject to variation,
besides indicating the original price of the LPP / last work order value, the updated
price as computed in terms of the price variation clause, should also be indicated.
iv) Where the supply/work order against the LPP / last work order value is yet to
commence, i.e., delivery / completion schedule is not yet due, it should be indicated in the
contract proposal, whether the contract holder is a past supplier/registered vendor/new vendor.
In case of a new vendor, the price paid against the previous contract as in the case of (ii)
above should be indicated.
v) In the case of wholly imported stores, the comparison of the LPP should be made with the
net C.I.F. value in foreign currency only.
Indication of the percentage of increase over LPP/ last work order value should invariably be
given in the contract proposals. For this purpose, a LPP / last work order value register will be
maintained by all contract departments after sharing information among all the plants and HQ by
sending copies of PO/WO for items/ works common to them.
3.ESTIMATE :-
As the estimated rate is a vital element in establishing the reasonableness of prices, it is important
that the same is worked out in a realistic and objective manner on the basis of prevailing market
rates, last purchase prices rate (not older than three years), economic indices (In absence of related
indices, inflation @ 6% p. a or part there off. may be considered) for the raw material/labour (the same
may be obtained from Labour Bureau, Shimla, RBI, or other Govt. published bulletin), other
input costs, IEEMA formula, published data in paper/journals, wherever applicable and
assessment based on intrinsic value etc. To take care of annual inflation last purchase rate if older
than one year, @ 6% or change in related indices against basic material can be escalated per year.
In case of preparation of estimate for AMC/ARC/one time job, due consideration should be given
to the prevalent market rate for deployment of different category of workers/supervisors &
engineers for the job based on minimum wages of Central govt. adopted by corporation.
For civil works, latest published schedule rate of DSR has to be consulted. Items related to civil
works of power plant reference of similar items of other organization like NTPC, BHEL & Govt.
PSU may be referred if the item is not available in DSR.
Budgetary offers from the reputed manufacturers for procurement may also be considered as a
basis of estimate. Multiple budgetary quotations is preferable to be obtained and the 90% of
lowest budgetary offer should be considered.
Every indent for procurement must be forwarded with estimated cost along with the basis for the
same, wherever possible.
4. Indent should be forwarded through system by the Plant Chief/Chief Engineers to the Chief
W& P Manual – 2012 Page 13

Purchase Officer, C&M Deptt. Kolkata for initiating purchase action, where it is required to be
processed by the Chief Materials Manager.
5. Proposal for capital procurement/ works/services should be forwarded by concerned user’s
section with detailed specification, drawing, scope of work, estimated cost, delivery &
completion schedule etc. to the appropriate authority as per DFP for obtaining administrative
W& P Manual – 2012 Page 14

approval to undertake the proposed procurement/works/services prior to allocation of budget
and floating of enquiry by C &M Deptt . No separate sanction order is required to be issued.
However, budget may please be ensured before floating of enquiry.
However in case of proposal for procurement/ works/services under revenue head should be
forwarded by concerned user’s section with detailed specification, drawing, scope of work,
estimated cost, delivery & completion schedule etc. to the appropriate authority as per DFP for
obtaining administrative approval to undertake the proposed procurement/works/services
against provision in the budget head prior to floating of enquiry.
However, if indent is complete in all respect, Contract Cell will constituted QR committee. QR
committee should endorse the estimated cost as submitted by the indenter and the NIT document.
In case of tender accepting authority is Board/ Chairman, administrative approval to be
obtained from concerned Member.
6. Indent should be placed well in advance considering the average lead-time for finalization of
contract so that material/ works/ service is available when it is required.
7. Indents for spares, consumables, capital plant & machinery and other assets should be placed
separately.
8. Specifications of materials should clearly be mentioned. Relevant drawing should also be
enclosed. If drawing is not available, dimensions with material composition should be
indicated.
9. Relevant IS/BIS or any other acceptable standard should be mentioned wherever applicable.
10. Justification of procurement along with the quantity to be procured should be given based on
back up sheet for last 3 years. If it is more than the moving average, the reason for the same
should be recorded along with utilization programme and to be approved by one step superior
of Tender accepting authority (TAA) before floating of enquiry. If TAA is CE and above, no
approval of superior is required.
11. In case of item to be procured as new or for new project, Utilization programme should be
clearly indicated.
12. Back-up sheet furnished by store officers should be enclosed with the indent. The back-up
sheet should contain the details of consumption during the last three financial years,
consumption during the current financial year, moving average & present stock, Pending
indent, pending ordered quantity, quantity to be ordered, rate as per last Purchase Order,
Reference No. and the name of the last supplier. If the last P.O. had been issued from
Indenters end, copy of the same to be enclosed with the indent while forwarding the same to
HQ for initiating purchase action.
13. Wherever applicable, PAC/OEM or source standardization certificate issued by the competent
authority (CE/Sr. CE/HOD) in the prescribed format as given in this manual (Annexure-G)
should be enclosed with the indent in original.
For works and services, approval of not below the rank of CE/Project Head shall be obtained
with proper justification duly recorded.
W& P Manual – 2012 Page 15

14. First time procurement for replacement of any item, already in use should not be termed as
“New Item”. It should only be stated as “First Time Procurement” and justification for the
same should be recorded.
15. Those items, which have never been used, will be termed as “New Items”. Justification for
such procurement should be elaborately recorded. The same is also to be approved by one
step superior of Tender accepting authority (TAA) before floating of enquiry. IF TAA is CE
and above, no approval of superior is required.
16. (i) Indent for items requiring import should be raised separately.
(ii) Importation will only be resorted to when there is no effective
indigenous substitute.
17. Indents for which approval of Board/Chairman is required before placement of PO should
have the recommendation for processing of concerned Director at HQ.
18. Proposal for procurement of improved version over the existing one should be properly
justified along with cost benefit analysis and obsolesce certificate from concerned Director/Sr.
CE to be obtained prior to enquiry. For items related to computer and associate accessories
certification from IT department shall be obtained.
6. PURCHASE PROCEDURE:
I) E-PROCUREMENT:-
E-procurement/ e-tendering is carrying out the traditional tendering process in an electronic
form, using the internet. DVC ha s implemented t h e procurement/works/service
activities through e-tendering in line with Central Vigilance Commission (CVC) guidelines.
DVC has engaged a Service Provider for implementation as well as to carry on day to day
activities of e-tendering in respect of all sorts of tendering i.e., OTE, & LTE whose estimated
value will be equal to or greater than Rs. 02 (two) lakhs for all cases. However, threshold value may
be relaxed up to Rs. 5 lacs considering the nature of work/supply/services at the discretion of TAA with
proper justification.
In case of non-conventional item like Bamboo, cow dung etc., e-tender may not be feasible.
offline system will continue till infrastructure of online is available.
Registration of Bidder in LTE.
However,
Concerned member is empowered to grant exemption from e-procurement only in exceptional
circumstances after recording justification.
Digital Signature Certificate (DSC) is required to be provided for all officers concerned for the
tenders to be floated for e-procurement. Number and name of executives for DSCs shall be
finalized by the head at concerned project.
Service Provider shall provide Class-III DSC as per requirement of DVC on chargeable basis.
DVC may obtain Digital Signature from any other sources also.
W& P Manual – 2012 Page 16

To log in the website of service Provider, the authorised persons shall be given user ID and
Password by the System Administrator of Service Provider.
System audit is to be done as per statutory requirement.
For getting login ID and Password, name of authorised executive shall be given by DVC Coordinator
of the respective locations to Service Provider on their e-mail ID who shall provide
the ID and system generated password.
for Vendor/Contractors
Digital Signature certificate (DSC)
Vendor Registration
Digital Signature Certificate
To participate in the tender, vendors should have a Digital Signature certificate (DSC) as it
shall be required during uploading the bids.
The fees for obtaining DSC are to be borne by vendors/contractors.
In case the bidder loses his DSC because of any problem (virus attack, misplacement etc.), the
bidder may not be able to submit his bid online.
Vendor Registration
To participate in the tender, they will have to register with the Service Provider.
Registration fee is Rs.2, 000/- plus Service Tax will be paid by DVC for the first time.
II) Processes for e-tendering: –
Tender will be floated on-line by the C&M department indicating all the salient details such as
description of items, indent value, delivery period, bid validity period, date of pre-bid meeting,
start date and last date & time of submission of bid, period for seeking clarifications online by the
bidder, date and time of opening of Techno-commercial bid etc. by uploading Notice Inviting
Tender (NIT) and Terms & Conditions of supply/works/service contract.
After creation of tender a unique Tender Id is automatically generated by the system.
Pre-bid meeting may take place, if required, after publication of Tender which should be spelt out
in NIT. The pre-bid meeting shall be held on the scheduled date & time, if specified in the NIT.
The purpose of the pre-bid meeting is to clarify the issues and to answer the questions on any
matter that may be raised at that stage. Non-attendance at the pre-bid meeting will not be a cause
for disqualification of bidder and it shall be presumed that the bidder does not require any
clarification.
The bid submission will start from the next day of e-publication of NIT, but if there is a pre-bid
meeting, it will start after uploading the resolution or amendment if any of pre-bid meeting and
shall continue for minimum 15 (fifteen) days for the procurement of domestic tender. For the
Global tenders this period will be minimum 30 days.
The Tender can be downloaded by any prospective bidder from the website free of cost and
cost of tender documents to be submitted at the time of bid submission.
W& P Manual – 2012 Page 17

In order to submit the Bid, the bidders have to get themselves registered with the portal and
should possess valid Digital Signature Certificate. The Registration of the Bidders on the portal
will be on-line and one time activity. The system will assign a unique user ID for each Bidder
which will be valid till for 1 or 2 year as the case may be.
The bidder will have to accept the Commercial and General Terms & Conditions of the NIT
except which are spelt out in deviation sheet and cost thereof along with on-line undertaking in
support of the authenticity of the declarations regarding the facts, figures, information and
documents furnished by the Bidder on-line. No conditional bid shall be accepted.
In the undertaking given by the bidder on-line, there will be provision for forfeiture of EMD
and/or banning for participating in future tenders in DVC for one year wherever applicable, if any
information given by the bidder on-line is found to be false at any stage which changes the
eligibility status of the bidder.
The bidder may seek clarification on-line within the specified period. His identity will not be
disclosed by the system. The department will clarify as far as possible the relevant queries of
bidders. The clarifications given by department will be visible to all the bidders intending to
participate in that tender. The clarifications may be asked from the next day of e-publication of
tender. The last date for seeking clarification will be up to be 7 (seven) before the last date of
submission of bid and the last date of giving clarification on-line will be up to 5 (five) days before
the last date of bid submission. The Creator of Tender will apprise the Publisher regarding the
sought clarifications on a regular basis and will submit a report to the Publisher on the end date of
seeking clarification regarding unanswered sought clarifications of the bidders. This will be
mandatory for the Creator and the final compliance report will be placed in file. The Tender
Inviting Authority will be responsible for giving the clarifications on-line within the prescribed
time frame.
Corrigendum should be issued only in exceptional cases with the due approval of TIA. However,
corrigendum to NIT will be possible on-line with respect to extension of date (start & submission
date). However, the extension of date for an event will be possible only before the expiry of
earlier specified date and time for that particular event. Pre-ponement of date for any event is not
permitted unless otherwise specified elsewhere. The scanned copy of corrigendum notice is to be
uploaded on the e-Procurement Portal. The corrigendum notice should be hosted in both the
websites i.e.1) http://portal.dvc.gov.in/ 2) www.tenderwizard.com/DVC where the original
NIT has been hosted.
The bidder will submit Techno commercial Bid and Price bid online. No off-line bid shall be
accepted.
The bidder will have an option for submitting cost of tender document and EMD in off-line
mode other than electronic mode in the specified form as mentioned in NIT either in person or by
post which must be received in the office of tender inviting authority on any working day after e-
publication of NIT and upto last date & time of submission of bid. DVC shall not be
responsible for any postal delay in receipt of cost of tender document and EMD. In case the cost
of tender document and EMD are not received within the aforesaid period, the bid will be
outrightly rejected. The bidder will furnish all the information as sought on-line regarding cost of
tender document and EMD besides submission of Hard Copy before opening the tender cost of tender
W& P Manual – 2012 Page 18

document will be mandatory in all OTE cases. In case of exemption of EMD the scanned
copy of document in support of exemption will have to be uploaded by the bidder besides
submission of Hard Copy before opening the tender. (Documentary evidence like valid registration
certificate from appropriate government authority giving details such as, validity, stores etc.). After
opening of Part I (cost of tender document & EMD), the Tender Opening Committee will
validate the receipt of cost of tender document and EMD based on the information furnished by
the bidders online and their submitted instruments and the scanned copy of document in support
of exemption of EMD, if any. If the information furnished by bidder online are in agreement
with the submitted instruments then the bidder will be evaluated as eligible for next step. The
qualification in Techno commercial bid will be subject to the receipt and acceptance of cost of
tender document and EMD.
The bidder will download the Letter of Bid, Techno- commercial Evaluation Sheet and the Price
bid from the e-Procurement portal.
Letter of Bid: The format of Letter of Bid will be uploaded during creation of tender in pdf
format as a NIT document. This will be downloaded by the bidder and will be printed/ typed on
his letter head. This document will be signed by the bidder and the scanned copy of the same will
be uploaded during bid submission in Part-I. This will be the covering letter of the bidder for his
submitted bid. The content of the “Letter of Bid” uploaded by the bidder must be the same as per
format given in the NIT and it should not contain any other information.
Techno- commercial Parameter Sheet: The Techno- commercial Parameter Sheet containing
the technical specification parameters for each tendered item along with commercial terms will be
in Excel format (password protected) and will be uploaded during tender creation. This will be
downloaded by the bidder and he will furnish all the required information on this Excel file.
Thereafter, the bidder will upload the same Excel file during bid submission in Part-I. The
Technical Parameter Sheet which is incomplete and not submitted as per instruction given above
will be rejected.
Price bid: The Price bid containing the bill of quantity will be in Excel format (password
protected) and will be uploaded during tender creation. This will be downloaded by the bidder
and he will quote the rates, taxes & duties etc. for his offered items on this Excel file as per
instruction of NIT. Thereafter, the bidder will upload the same Excel file during bid submission in
Part-II. The Price Bid which is incomplete and / or not submitted as per instruction given above
will be rejected out rightly.
Modification of the submitted bid shall be allowed on-line only before the deadline of submission
of tender and the bidder may modify and resubmit the bid on-line as many times as he may wish.
The bidder may withdraw his bid on-line at any time before the last date and time of submission of bid at
his discretion without losing his EMD. No bidder will be allowed to withdraw or modify the bid after
deadline of submission. The bidder may withdraw his bid on-line at any time before the last date
and time of submission of bid at his discretion without losing his EMD. The actions which shall
be taken in case of withdrawal of bids at different stages of tender are as indicated below:
i. If the withdrawal is on-line within the deadline of bid submission, the EMD will be refunded.
W& P Manual – 2012 Page 19

ii.
iii.
If the request of withdrawal is received after deadline of bid submission and before opening
of Techno Commercial bid, the bidder will be disqualified and his EMD will be forfeited and
the techno commercial bids of remaining bidders will be opened.
If the L-1 bidder withdraws his bid after issue of Purchase Order then his EMD will
be forfeited, other penal action may be taken and re-tender shall be done for the items
awarded to him. In this re-tender such defaulting Bidder will not be allowed to participate
and other i.e. one year debarment penal actions may be taken.
On the pre-scheduled date and time of tender opening, the received Techno Commercial bids
(Cover-I) will be decrypted on-line and will be opened by the 3 member Tender opening
committee constituted with one member from indenting department, material management
department & finance with their Digital Signature Certificates. The Techno Commercial bid may
be opened on the date and time of submission of bid on the pre-scheduled date.
The e-Procurement System will evaluate the Techno Commercial bids automatically with least
human intervention. For this purpose all the required parameters will be obtained from the
Bidders in an objective and structured manner. Bidders will not be required to upload scanned
copy of any document or to submit hard copy of any document for the techno-commercial
evaluation process except the scanned copy of Letter of Bid, cost of tender document, EMD,
document in support of exemption of EMD (if applicable) besides submission of Hard Copy0f cost of
document and EMD before opening the tender. The information furnished by the bidders on-line
along with on-line undertaking with Digital Signature Certificate in support of the authenticity of
the facts, figures, information and documents furnished by them online will be accepted for the
Techno- commercial evaluation of the bids.
All the Commercial terms and conditions of contract like Delivery Schedule, Payment Terms,
Price Fall Clause, Liquidated Damage Clause, Basis of Pricing (FOR/FOB Terms), Risk Purchase
Clause, Guarantee/Warranty Conditions, Performance Guarantee Clause, Inspection Clause etc.
will be specifically mentioned in the NIT. The bidder has to accept those terms and conditions
unconditionally in order to participate in the tender which are to be stipulated as mandatory
condition of NIT.
The Indenting Technical department will furnish the details of Delivery Schedule,
Guarantee/Warranty Conditions, Applicability of Performance Guarantee Clause and Inspection
Clause. The other Clauses like Payment Terms, Price Fall Clause, Liquidated Damage Clause,
Basis of Pricing (FOR/FOB Terms), Risk Purchase Clause etc. will be mentioned in the NIT as
per the provisions of Works & Purchase Manual of DVC. The rate of Entry Tax applicable for the
tendered items is to be mentioned in the NIT with source of origin. The applicability of CST (full
or concessional) for the tendered items is also to be mentioned in the NIT. The General Terms
and Condition will be as per Works & Purchase Manual of DVC and shall form part of the NIT.
W& P Manual – 2012 Page 20

Technical Specification: The Indenting Technical department will furnish the technical
specification for each specification parameter of each item to be procured, in an objective format
with the required evaluation criteria to the Contract & Material department. The format will
contain the specification parameters of the items in a very specific and objective manner which
will facilitate automatic Technical evaluation of the Bids. Based on the above information
received from the technical department, the Technical Parameter Sheet in Excel format (password
protected) will be prepared by the official of C&M department (Creator of Tender) and the same
will be uploaded during tender creation.
The bidders will download this Technical Parameter Sheet and will furnish their values against
each specification parameter and will upload the same Excel file during submission of bid. Based
on the evaluation criteria indicated in the Technical Parameter Excel Sheet, the technical
evaluation of the bid will be done by the system with least human intervention and the compliance
report will be displayed to the bidders on-line. Any item may have any number of specification
parameters and any indent may have any number of items but the technical specification
parameters have to be brought out essentially in the above format. The technical specification
parameters to be mentioned in the Technical Parameter sheet shall contain only those
specification parameters, compliance of which are mandatory in nature for the purpose of
procurement and non compliance of which are not acceptable. Non compliance of any one
specification parameter of any item will disqualify the bidder in that item.
The Technical evaluation of Tenders will be done on-line by the software as per respective
Evaluation Criteria specified in the Technical Evaluation Excel File specially designed for
obtaining specific information from the bidders and evaluating the same in a transparent manner
so that Bidders will be able to know, whether they comply to the Technical specification
parameters of the NIT.
Verification of Documents:
A. L1 Bidder/s for each item will have to produce the documents (original/self authenticated and
attested by Public Notary), as specified in the NIT, in support of the information furnished by
him/them on-line, for verification by Tender Committee on any working day within 10 days in
case of domestic tenders and 15 days in case of global tenders from the date of opening of
Price bid. The L1 bidder/s will also submit an affidavit (original) on a non-judicial stamp paper
of Rs.10 regarding genuineness of the information furnished by him/them online and
authenticity of the documents being produced by him/them, within the same time frame. No
additional time will be allowed to the bidder for producing the required documents.
B. In case the L1 bidder for any item fails to produce the documents within the specified period of
10 days in case of domestic tenders and 15 days in case of global tenders, or if any of the
information furnished by L1 bidder on-line is found to be false by the Tender
Committee during verification of documents, which changes the eligibility status of the
bidder then snap bidding/revise price bid/reverse auction at the discretion of TAA or
Concerned Member ( in case of TAA is Board/chairman) will be resorted to within the
remaining bidders instead of re-tender for the items/ contract in which the bidder was L-1
W& P Manual – 2012 Page 21

with forfeiture of EMD with caution letter to refrain in future and in event of 2 nd instances
EMD will be forfeited and banning of L 1 bidder for one year from participating in
future tenders considering time essence to finalise the tender.
The participating bidders may view the opening of the Techno Commercial bids remotely on-line.
After opening of the techno-commercial bid, the acceptance of cost of tender document and
EMD by Tender Committee will be entered on-line by the Bid Opener of MM/Purchase
department (Evaluator of Tender). Evaluation sheets generated by the system on-line shall be
downloaded during opening of Part-I and shall be placed before the Tender Committee for
validation. The Tender Committee will validate the on-line evaluation of Techno Commercial bid
based on the information furnished by bidder on-line after seeking clarification if necessary on QR
/ Techno- commercial information as the case may be. The revised system generated evaluation
sheets shall be authenticated by Tender Committee and shall be kept in the file. The brief Tender
Committee Recommendation based on the revised on-line evaluation will be made for opening of
Price bid of eligible bidders. The Part I - TCR will require approval of the inviting authority of the
tender. The summary of techno- commercial evaluation (Part-I - TCR) with the names of eligible
bidders and the brief reasons for disqualification of unsuccessful bidders (if any) alongwith the
date of Price- bid opening will be uploaded by the TIA. Date of Price-bid opening shall be kept
minimum one day after the date of uploading of the summary of technical evaluation. All the
bidders will get this information on their personalized dash-board and also by system generated e-
mail or TIA may also intimate in other documentary mode.
The Price bid of the successful bidders (qualified in Techno commercial bid will be decrypted and
opened on the scheduled date and after the pre-scheduled time by the Bid Openers with their
Digital Signature Certificates. The Bidders may view the price bid opening online remotely. The
Price bids and system generated Comparative Statement will be downloaded and will be signed
by the Tender Committee. This will be kept in the TCR file.
The EMD of unsuccessful bidders will be refunded through e-Payment, immediately after
finalization of tender. The provision should be kept in the NIT that “the bidders should submit
MANDATE FORM for e-Payment along with EMD, if not submitted earlier, as per the format
given in the bid document”.
After opening of Price-bid the Comparative Statement of Prices indicating the rates quoted by all
the bidders and selection of L-1 ( depend on evaluation procedure stipulated in NIT) rank will be
generated by the system which will be visible to all the participating bidders on-line.
It will be the bidder’s responsibility to check the status of their Bid online at least once daily, after
the opening of Techno-commercial bid till opening of the Price-bid. No separate communication
will be made to the bidder in this regard and this will be specifically mentioned in the NIT.
The system will preserve the details of Techno Commercial bid and Price bid in the archives for
auditing purposes and the same can be accessed with special authorization.
The Tender Committee will recommend for issue of Purchase Order to the successful bidder/s
after evaluating their technical eligibility based on the computer generated evaluation sheets
followed by verification of the documents submitted by L-1 bidder/s in support of the information
furnished by them on line and after evaluation of the reasonableness of L-1 rates. The
reasonableness of rates will be evaluated as per the provisions of Works & Purchase Manual of
W& P Manual – 2012 Page 22

DVC and other guidelines issued from time to time. The approval for issue of Purchase Order to
W& P Manual – 2012 Page 23

L-1 bidder/s will be accorded by the competent authority as per Delegation of Power based on the
TC recommendation.
After competent approval of TCR, the Purchase order to the successful bidder/s will be issued and
the scanned copy of the Purchase Order will be uploaded on the e-Procurement portal and the
original copy will be sent to the bidder/s through registered/speed post.
Any tender hosted on the e-Procurement site must be logically concluded i.e. either Award of
work is issued or the tender is cancelled.
Security Features
The security features incorporated in the application ensures that all activities are logged, no
unauthorised person has access to data, all sensitive data is encrypted and system can be restored
in minimal possible time in case of a disaster or system crash.
III) e-Procurement Help Desk
For hand holding in the initial phase, the Service Provider will operate a HELP DESK in each
project/location desired, till such time the DVC Engineers and vendors become experienced.
7. GOVERNING LAWS & GENERAL PRINCIPLES:
All contracts for purchase of goods, execution of works and services entered into by DVC are
governed by the Sale of Goods Act, Indian Contract Act, Negotiable Instrument Act, Information
& Technology Act, Common Goods Carrier Act, Excise & Service Tax Act, Sales Tax Act and
Income Tax Act, Insurance Act etc.
The Purchase Order/Contract shall in all respect be deemed to be and shall be constructed and
shall operate as an Indian Contract as defined in the Indian Contract Act 1872 and all payments
there under shall be made in Rupees, unless otherwise specified.
8. PRE-ENQUIRY ACTIVITIES:
Pre-enquiry activities would only start after the receipt of indent / proposal of work, complete in
all respects.
Following steps are to be taken or settled before tendering:-
a. On receipt of the approved indent/ proposal, the Dealing officer will scrutinize the details of
the indent and if it is found that there is any deficiency, in the proposal, he will send back to
the indenter to set right of any deficiency .
b. Creation of a file with the Indent/proposal documents.
c. Approval for selecting the mode of tendering, in case of departure from normal procedure by
TIA.
d. Finalizing the qualifying requirement for the indent if required alongwith NIT estimate by the
appropriate QR committee and approval from TAA. In case of TAA is Board/ Chairman,
approval of concerned member shall be obtained.
W& P Manual – 2012 Page 24

e. The cost of tender documents will be firm up based on the estimated cost.
f. The amount of Earnest Money will be firm up based on the estimated cost.
g. After approval of TIA, prepare the Tender Document sets.
h. Finalising the enquiry details for advertisement in Newspaper and Website, for open tendering
by C&M Deptt. and put up to TIA for approval.
9. CHECKLIST FOR PREPARATION OF TENDER ENQUIRIES:
The following points are to be taken care of by dealing Officer of material/contracts department
before issuing of any tender enquiry:-
a) Time and date for receipt and opening of tenders is indicated as per the guidelines.
b) The prescribed time has been allowed to the tenderers to submit their quotations depending on
the type of enquiry being issued i.e., Single Tender Enquiry, Limited Tender Enquiry, Open
Tender Enquiry, Global Tender Enquiry, etc. However in case of any departure, approval of
TIA has to be taken.
c) The amount to be furnished against EMD as per provision in this manual has been calculated
correctly and indicated including mode of submission of the same.
d) Description of stores including specifications / drawing is correctly indicated. (Specifications
are to be finalized keeping the End use in mind). Description of works/services with detailed
scope of work, list of statutory requirements, scope on the part of DVC etc. are to be indicated.
e) Relevant drawing / specification is to be enclosed with the enquiry, wherever possible.
f) A Clause for pre-dispatch inspection shall be incorporated in case stage inspection is required
at supplier’s works.
PDI may be incorporated as a special condition of contract when payment will be released
against dispatch document through bank subject to approval of Project Head/ CE/ Sr. CE/ HOD
on recording the justification before issuance of NIT except in case of PAC, OEM, OES.
However, in case of PAC, OEM, OES, inspection at site will be done.
g) Where sample is required to be furnished along with the tender, the authority to whom it
should be sent for testing/approval and the time within which the sample should be submitted
are indicated correctly in the enquiry.
h) Quality Assurance Authority (DVC/3 rd party) is correctly indicated along with address.
i) Conditions of contract are correctly indicated in the enquiry.
j) The General and Special Conditions of contract, if any, are not to be reproduced in the tender
enquiry published. They are the part of the bid document.
k) Delivery schedule for supply items / completion schedule for works/turnkey contacts/ service
are clearly indicated.
W& P Manual – 2012 Page 25

l) Insertion of Liquidated Damages Clause in tender enquiry for claim against the delay in
supplies /delay in completion of works/services.
m) Insertion of clause for the cancellation of contract and effecting risk purchase.
n) In case of purchase of imported stores, the appropriate shipping clauses are to be
incorporated. Other special conditions viz. payment terms for Free on Board (FOB)/Free
alongside Ship (FAS) basis, etc., should also be indicated in the enquiry.
o) Any other special clauses, as felt necessary by TIA to be incorporated in the bid document.
p) Value and Period of validity of performance guarantee (whether to cover warranty period)
should also be mentioned.
q) The correct quantity and unit with consignee-wise distribution should be mentioned.
r) The Indenting Technical department will furnish the details of Delivery Schedule,
Guarantee/Warranty Conditions, Applicability of Performance Guarantee Clause and
Inspection Clause. The other Clauses like Payment Terms, Price Fall Clause, Liquidated
Damage Clause, Basis of Pricing (FOR/FOB Terms), Risk Purchase Clause etc. will be
mentioned in the NIT as per the provisions of Works & Purchase Manual of DVC. The rate
of Entry Tax applicable for the tendered items is to be mentioned in the NIT. The
applicability of CST (full or concessional) for the tendered items is also to be mentioned in
the NIT. The General Terms and Condition will be as per Works & Purchase Manual of
DVC and shall form part of the NIT.
s) It should be ensured in the NIT that any deviation taken by the bidder without cost of
withdrawal in specified form will make the bid unresponsive if the same is not withdrawn
by the bidder unconditionally without any price implication.
t) Technical Specification: The Indenting Technical department will furnish the technical
specification for each specification parameter of each item to be procured, in an objective
format with the required evaluation criteria to the C&M department. The format will contain
the specification parameters of the items in a very specific and objective manner which will
facilitate automatic Technical evaluation of the Bids. Based on the above information
received from the technical department, the Technical Parameter Sheet in Excel format
(password protected) will be prepared by the official of C&M department and the same will
be uploaded during tender creation or part of the NIT document.
Any item may have any number of specification parameters and any indent may have any
number of items but the technical specification parameters have to be brought out
essentially in the above format. The technical specification parameters to be mentioned in
the Technical Parameter sheet shall contain only those specification parameters, compliance
of which are mandatory in nature for the purpose of procurement and non compliance of
which are not acceptable. Non compliance of any one of such specification parameter of any
item will disqualify the bidder in that item. The same is to be clearly spelt out in the NIT.
u) Condition for Verification of Documents to be included in the NIT as follows:-
W& P Manual – 2012 Page 26

a) L1 Bidder/s for each item will have to produce the documents (original/self
authenticated and attested by Public Notary), as specified in the NIT, in support of the
information furnished by him/them on-line, for verification by Tender Committee on
any working day within 10 days in case of domestic tenders and 15 days in case of global
tenders from the date of opening of Price bid. The L1 bidder/s will also submit an
affidavit (original) on a non-judicial stamp paper of Rs.10 regarding genuineness of
the information furnished by him/them online and authenticity of the documents
being produced by him/them, within the same time frame. No additional time will be
allowed to the bidder for producing the required documents.
b) In case the L1 bidder for any item fails to produce the documents within the specified
period of 10 days in case of domestic tenders and 15 days in case of global tenders, or if
any of the information furnished by L1 bidder on-line is found to be false by the Tender
Committee during verification of documents, which changes the eligibility status of the
bidder, then EMD of the L1 bidder will be forfeited with caution letter to refrain in future
and in event of 2 nd instances EMD will be forfeited and banning of L1 bidder for one
year from participating in future tenders.
10. QUALIFYING REQUIREMENTS:
The qualifying requirements framed shall not be restrictive in nature and shall be widened to the
extent possible and should be consistent and in consonance with quality requirements of goods/
works and services to ensure maximum participation of the prospective bidders.
The purpose of QR is to identify the qualified bidders who are capable of delivering
goods/services as per the Specifications/Requirements. QR shall generally be drawn in such a
manner so as to enable adequate participation of bidders to the extent possible. The QR shall
normally include Technical Requirements (both specific to the package and general) and the
Financial Requirements. Qualifying requirement for technical and financial parameters should be
clearly spelt out.
The qualifying requirement (QR) is to be prepared on case to case basis by QR committee at
appropriate level, depending on various factors like cost of the package, Technical importance,
Time frame for implementation, Quality plan requirements etc. The primary purpose of QR is to
assess the Financial & Technical capability of the bidders who can deliver the goods/services as
per the requirements. QR is required for those contracts, which are to be finalised through OTE.
QR is not required for LTE amongst ALS / vendor with proven credential and for Single Tender
Enquiry. However in case of poor vendor base (less than 4) QR may be considered for LT
through wide publication in e-tendering portal .The vendor with proven credential in respect
of both procurement and works contract is defined as below:
A. For Procurement :-
W& P Manual – 2012 Page 27

i) Vendors whose offers were techno-commercially approved/NIT complaint for supply of the
specified item(s) / spares against open tendering in DVC during last three years or satisfactory
execution of any order.
OR
ii) Suppliers to power utilities in PSUs, other power plant and transmission system equipment
manufacturers in PSUs for similar items(s)/spares.
B. For Works Contract:-
i) Vendors whose offers were techno-commercially approved/NIT compliant for the specified
work(s) against open tendering in DVC during last three years or satisfactory execution of any
order.
ii) Contractors who have successfully completed works in power utilities in PSUs, other power
plant and transmission system for similar work(s).
TAA is empowered to approve QR for procurement /works packages/ service on recommendation
of QR committee. However In case of TAA is Board/ Chairman, approval of concerned Member
shall be obtained.
I) Financial capability:-
The following point may be considered for assessing the financial capacity of a bidder based on
their audited accounts in QR for turn-key project tenders (involving supply, erection and
commissioning of equipment) having estimated value above Rs. 5 crores.
1) Determine Working Capital position,
2) Average annual turnover (AAT)
3) Net worth.
Working capital should be considered for the last financial year. Net working capital or access to
credit facilities = 3 x Cost Estimate
Completion period in months
Net worth of the bidder as on the last day of the preceding financial year shall not be less than
100 % of the paid up share capital.
Net worth means the sum total of the paid up share capital and free reserves. Free reserve means
all reserves credited out of the profits and share premium account but does not include reserves
credited out of the revaluation of the assets, write back of depreciation provision and
amalgamation. Further any debit balance of Profit and Loss account and miscellaneous expenses
to the extent not adjusted or written off, if any, shall be reduced from reserves and surplus.
Average annual turnover is to be determined taking into consideration turnover of best 3 financial
years out of last 5 financial years. Other income shall not be considered for arriving at annual
turnover.
W& P Manual – 2012 Page 28

Minimum average annual turnover (MAT) for the best 3 years out of last 5 financial years
= 1.5 x Cost Estimate
Completion period in year
In other cases, average annual financial turnover during last three financial years should be at least
30% of the estimated cost as financial QR.
Note- Completion period less than one year to be considered as one year.
In case where audited results for the preceding financial year are not available, certification of
financial statements from a practicing Chartered Accountant shall also be considered acceptable.
Other Physical parameter to be considered:-
II) Technical capability:-
For procurement & EPC: As set by QR committee based on orders executed in past and
experience alongwith past performance on similar contract for a minimum period of 2(Two) years
thereof. One year performance may be considered for new technology.
For works up to Departmental estimate (DE) of Rs.25 Lacs: To be decided by
TAA. For works with DE above Rs.25 Lacs up to Rs.50 Lacs:
Experience of having completed similar works during last 7 years ending last day of month
previous to the one in which offers are invited shall be either of the following:
(a) Three similar completed works each costing not less than the amount equal to 30% of the
estimated cost.
or
(b) Two similar completed works each costing not less than the amount equal to 40% of the
estimated cost.
or
(c) One similar completed work costing not less than the amount equal to 70% of the estimated
cost.
For works with DE above Rs.50 Lacs:
Experience of having completed similar works during last 7 years ending last day of month
previous to the one in which offers are invited should be either of the following:
(a) Three similar completed works each costing not less than the amount equal to 40% of
estimated cost.
or
(b) Two similar completed works each costing not less than the amount equal to 50% of the
estimated cost.
or
(c) One similar completed work costing not less than the amount equal to 80% of the estimated
cost.
the
W& P Manual – 2012 Page 29

Completed Work means the executed/completed portion of Work Order/AMC/RC, Payment
receipt documents with ref. to WO No. and date or execution certificate with executed value and
referred order no. be also considered as a proof of execution even if the work has not been completed
in totality (subject to furnishing proof of executed value of work in the form of certified copies of
RA Bills) or any relevant documents, which is sufficient to proof the works completed or to be
completed.
“Similar work” should be clearly defined in the bid document having due regard to the work so as
to generate adequate competition. Similar nature of work, sought for to qualify for a certain work,
incorporated in the NIT shall be clear, unambiguous and specific and there shall not be any room
for divergent interpretation at any stage.
Any explanation /elaboration added to qualify similar nature of work shall not be supplant but
supplement the same.
To maintain equity, consistency and better transparency in the tendering process for the services/
works / procurement which are common for individual projects, a QR committee at HQ level to
be formed.
However, QR as mentioned above is an illustrative one and may not be suitable for all
AMC/Works/Services/ procurement. TAA is authorised to formulate QR (through QR
Committee) to meet his requirements for case-to-case basis so that adequate bidding response is
achieved.
QR should be carefully formulated so that capable contractors are not restricted from participation
in the tender. However, a tolerance limit (say 5%) on the quantum of QR may be provided to take
care of marginal shortfall and this shall be mentioned in NIT.
11. FORMATION OF QR COMMITTEE:
In order to finalise the QR of prospective bidders, a QR committee at appropriate level has to be
formed at Projects/Stations/Field depending on the estimated cost (without taxes, duties and
freight) as follows:
W& P Manual – 2012 Page 30

CONSTITUTION AND APPROVAL OF QR COMMITTEE
Sl.
No.
Level of
Approval
Level of QR committee
Nomination of QR
committee
At HQ At Project At HQ At Project At HQ
Approval of QR
Committee
At
Project
(1) (2) (3) (4) (5) (6) (7) (8)
1. EE/SDE/SE M-3/M-4 M-3/M-4 M-3/M-5 M-3/M-5 M-5 M-5
2. Dy. CE M-5 M-5 M-6 M-6 M-6 M-6
3.
Chief
Engineer
4. Director M-7/M-8
5. Member(T)
6. Chairman
M-6 Head of
Section/M
-6
M-7/
above
M-
7/above
7. Board Director
Head of
Section/M-6
Head of
Section/M-6
Head of
Section/M-6
Head of
Section/M-6
M-7 M-7 M-7 M-7
M-7/
Above
M-7/above
M-8/above
M-7 M-7 Director
Director M-7 Member(T)
Member
(T)/(F)/(S)
NOTES:-
1. The members of QR Committee at appropriate level shall consist of one
representative each from Indenting, Procurement / Contracts Deptt. and
Finance/Accounts Deptt.
2. Where requisite level of officers is not available, in that case higher level
officers will be nominated in the committee.
M-7 Chairman
3. Where requisite level of officers is not available for recommendation of name in QR
committee, TIA may nominate the same.
4. In case of DFP(OE), QR will represent by minimum M-5 and M-4 officers where approving
authority is HOD and HOO respectively.
M-7/
above
M-7
M-7/
Above
M-7
M-7/
Above
M-7
M-7/
Above
M-7
W& P Manual – 2012 Page 31

The Committee will consider various other factors, like Indenting Officer’s comments
on QR in respect of the particular Indent, if any, guidelines issued by Corporation/CVC
from time to time. Availability of testing facilities and availability of statutory
documents like company/society registration certificate, STRC/VAT Registration
Certificate, financial documents as stated above. QR Committee should also endorse
the estimated cost as submitted by the indenter and the NIT document.
The Qualifying Requirement of bidders intending to take part for any contract for works related
to
Civil/Mechanical/Electrical through tendering may be considered as detailed
below:
The QR should be decided before the NIT is issued for advertisement. Once the QR is fixed and
advertised, it cannot be altered / relaxed. However, in case of poor response, against
stipulated QR, the same may be reviewed and revised by the QR committee at appropriate level
for the purpose of re-tendering with the objective of getting better response and to maintain
transparency.
The QR committee will be recommending body and QR as recommended by the Committee
has to be approved by the tender accepting authority before floating of enquiry. If TAA is Board
or Chairman, approval of concerned member shall be obtained.
Identification of qualified bidders can be done through following methodology
:
i) Pre-qualification methodology
(EOI). ii) Post-qualification
methodology.
i) Pre-qualification methodology (EOI):
Expression of Interest (EOI) may be resorted to in case of packages for specialized, expensive or
technically complex contract, where details scope of work, appropriate financial involvement,
modality and execution period to be required cannot be finalized due to lack of internal
expertisation.
EOI will be issued to prepare a panel of Agency who are capable to accomplish the desired
work
EOI to be invited through press advertisement.
EOI may be issued covering of following
12.TENDER METHODOLOGY:-
areas:-
1. Nature of work to be executed with specifying the objective of work.
2. Desired timeframe which may be allowed to complete the work.
3. Expected investment, if any.
4. Evaluation process for short listing of vendors.
W& P Manual – 2012 Page 32

5. Other information which may affect the schedule of work during execution, if
any.
Interested bidders should offer their views on methodology with available latest technical data
for execution of such work along with the following documents:
1. Experience and performance certificate within the last 7 yrs. for similar work. In case, subject
work falls within an area of rapid changes in technology, experience and performance
certificate of similar works within the 2 yrs., if decided by TAA.
2. Available manpower with the Agency to execute such
work.
3. Last 3 yrs. Audited Annual
Accounts.
Based on the technical discussion with the expected bidders individually or jointly, the
scope and specification of work to be finalized and qualified bidders to be short listed based on
the evaluation process already notified in EOI and based on the available financial documents by
an appropriate QR committee based on the expected investment decision. However, considering
the technical complexity of work, TAA may include any outside expert on the subject area in the
QR committee.
In such case, NIT will be issued to short listed bidders only but will be considered as open
tender so far DFP is concerned.
Also for participation against EOI, the bidder shall not be required to furnish EMD/Bid security,
but EMD/Bid security in appropriate form to be asked at the time of issuance of NIT.
ii)Post-qualification methodology:
In case of Post Qualification Methodology, as detailed in previous paras, the QR for bidders for a
specific package shall be brought out explicitly in the bidding documents and may also be
spelt out clearly in the NIT published in Website.
The intending bidders must furnish the information in support of fulfilment of qualifying
requirement, as fixed for the tender along with their offer, failing which their offer will not be
considered. This is also to be clearly spelt out in the bid documents of NIT. In case of
essential requirement, clarification on the information already submitted by the bidder only
sought for but no new information / document will be entertained. TC may ask to submit further
clarification for determining of the compliancy of the bidder with the approval of TIA within a
specified period. Noncompliance of the same from the bidders’ side, bid may be considered as
nonresponsive.
13. SELECTION OF BIDDING PROCESS:
W& P Manual – 2012 Page 33

a) Single Stage Bidding :- The single Stage Bidding , in general, to be adopted for all types
of tendering and may be done in the following way:
i. Single Stage Bidding with 4 envelopes. ii. Single Stage Bidding with 3 envelopes. iii.
Single Stage Bidding with 2 envelopes. iv. Single Stage Bidding with 1 envelope.
These are elaborated as below:-
b) Single Stage Bidding with 4 envelopes:
All turnkey projects/ packages for thermal generations and transmission projects (Extension and
Greenfield) including Rural Electrification Projects and any Civil projects like Housing,
Water pipe line, mining etc. shall adopt the bidding process under this stage at the discretion of
TIA.
Tenders will be received in one stage consisting of separate four sealed envelopes
comprising a) Earnest Money and Cost of Tender Documents, if the same is downloaded
from Website.
b) Information in support of QR, as mentioned in
NIT. c) Information in support of Techno-commercial
Bid. d) Price bid.
After pre-bid discussion with bidders, a consolidated NIT amendment document, if
required, will be issued to all parties who have purchased tender papers.
Offers failing to comply (a) will be rejected
outrightly.
Normally extension of time for submission of bids and/ or compliance of Technocommercial
stipulation shall not be granted. In the absence of adequate response within
the time limit, TIA may extend for submission of bids up to 14 days.
There shall be no scope for submission of supplementary price bid after bid opening
date. However revised price bid/ Original price bid/ discount if any, as submitted
before the bid opening date will be considered. In case of submission of more than
one bid by any bidder before opening the bid the last submitted bid will be
considered for evaluation.
Bidders should submit an undertaking that they have not taken any deviation other than
deviation taken in prescribed form of deviation sheet and cost of withdrawal has been
recorded in price bid and also undertake that any deviation elsewhere except above
will be withdrawn unconditionally without any price implication.
Bidders who have not complied all the terms & conditions of NIT and taken deviation
elsewhere than deviation sheet ,will be asked to withdraw the deviation without any price
implication within the specific time frame failing which their offers will not be
W& P Manual – 2012 Page 34

considered for opening of price bids.
c) Single Stage Bidding with 3 envelopes:- For any procurement works/services, may
be adopted at the discretion of TIA.
For Single Stage, 3 - envelope tendering, the main envelope containing the offer should contain
three envelopes - A, B & C with proper superscribing.
A envelope: Earnest money (if applicable) and cost of tender paper (if down loaded
from Website)
B envelope : Information on credentials and techno-Commercial part filled up in Excel
Sheet alongwith necessary deviation schedule.
C envelope: Price part as per format enclosed in the Bid Document along with the cost of
withdrawal prices for declared deviations.
On the tender opening day, the tender opening committee would open the ‘A’ envelope to
check the contents
If ‘A’ envelope is as per requirement, then the Techno-commercial part envelope ‘B’ would be
opened. The Techno-commercial offers will be scrutinized as per NIT terms by a 3-
member
Tender Committee. Price Bids to be opened on the recommendation of Tender Committee and the
same to be approved by Tender Inviting Authority without further reference to Finance.
The price-part, i.e, envelope ‘C’ would be opened for the techno-commercially accepted bidders
only based on their submitted information , after approval of the competent authority. Price
Bids to be opened on the recommendation of Tender Committee and the same to be
approved by Tender Inviting Authority without further reference to Finance. The date & time for
opening the price part has to be intimated to these bidders. The price part of the bids would be
opened at the notified date & time by the tender opening committee. Authorised representative of
concerned bidder may attend the price bid openings in case of off-line.
d) Single Stage Bidding with 2 envelopes:- For any procurement / works / services,
bidding process may be adopted at the discretion of TIA.
For cases of single stage, with 2 envelopes tendering, the main tender offering envelope would
contain two envelopes– A and B with proper superscribing therein as:–
A envelop :
Website.
Earnest money (if applicable) and cost of tender paper if downloaded from
B envelop : Information on credentials and techno-Commercial part filled up in Excel Sheet
alongwith necessary deviation schedule and Price part as per format enclosed in the
Bid Document along with the cost of withdrawal.
On the tender opening day, the Tender Opening Committee would open the ‘A’ envelope
to check the contents. If ‘A’ envelope is as per requirement then only ‘B’ envelope would be
opened with approval of TIA
e) Single stage bidding with 1 envelope: This can be resorted for LTEs also where EMD are not
asked for and for procurement on single tender basis and any other tender, as decided by TIA.
W& P Manual – 2012 Page 35

f) Invitation for bids: Bids shall generally be invited through publication of the NITs in
newspapers / website, detailing QR except LTE along with techno-commercial specification.
In case of LT, QR is required only if there is no approved vendor list/ poor vendor list. In other
cases of LT, QR is not required. Adequate time of around 2 weeks shall be given for
purchase of bidding documents. The deadline for submission of bids shall be
approximately 15 days after the close of sale of bidding documents and bids shall be
opened on the same day. Bidding documents shall be issued, against the prescribed fee, to
all those firms who request for the same in case OTE.
g) Pre-bid conference: A pre-bid conference, for clarifying the queries that prospective bidders
may like to seek in regard to the provisions of bidding documents and other details
shall normally be held within 7(seven) days of sale closing of tender documents. The
firms who have purchased the bidding documents may attend the conference. Queries raised
by various firms shall be discussed in the Pre-Bid Conference/Clarification Meeting attended
by the representatives of the firms and the TC Committee. Pre-bid meeting/conference will be
attended by the TC or his authorized representative. Reply of the same to be sent with the
approval of TC. On conclusion of the meeting, TC Committee shall draw a minute
immediately thereafter, in line with the discussions held during the meeting, clarifications to
the written queries received from bidders, either prior to or during the conference, shall be
prepared, along with the amendments, if any, to the bidding documents, by the TC
Committee and same to be placed before TIA for approval. The same
may be incorporated in the bidding documents within three days(within 7 days for
EPC contract) of Pre-bid conference after approval of Tender Inviting Authority. The
approvals, as above, shall be expeditiously processed so as to ensure issuance of clarifications
/ amendments to all the firms who have purchased the bidding documents, at the earliest.
The clarification to the bidders along with amendment, if any on conclusion of pre-bid
conference to be issued to all the participating bidders after approval of tender inviting
authority.
However, any modifications of basic technical speciation of the Bidding Documents
which may become necessary as a result of the pre-bid conference shall be made by the
owner exclusively through an amended NIT in website only and not through the record
notes of the pre-bid conference within 3(within 7days for EPC contract) days of pre-bid
meeting with suitable extension of tender sale period and tender submission period.
Thereafter, a reasonable time (say 3-10 days) is to be given to all the bidders to submit their
offers.
Pre-bid conference is found to be helpful in clarifying / addressing various queries /
confusion of bidders which facilitates quick disposal of tender at the evaluation stage. To
obviate the possibility of cartel formation (in case no. of bidders less than three), pre-bid
discussion may also be held with bidders individually, preferably in a conference call mode.
W& P Manual – 2012 Page 36

The three members Tender opening Committee shall be constituted prior to opening of
bids.
h) Receipt and Opening of Single Stage Bids:- In the single Stage Bidding, the bidders shall
be required to submit their techno-commercial proposals with prices and EMD/Bid Security/Bid
Guarantee, along with QR data. Bids so received shall be opened on the bid opening date in
presence of the representatives of the bidders who choose to attend the bid opening. Any late
bid shall not be entertained by the system.
i) Evaluation Process:- Each of the bids shall be examined by the tender committee
at appropriate level for following aspects such as:
(a) Qualifying Requirements, (b) Bill of Quantities, (c) Capacity and Capability, (d)
Assignment of Contract, (e) Compliance to technical requirements and (f) other Technical and
Commercial aspects/deviations.
On the pre-scheduled date and time of tender opening, the received Techno Commercial
bids)
will be opened by the Tender opening
committee.
For evaluation of Techno Commercial bids, all the required parameters will be obtained from the
Bidders in an objective and structured manner. Bidders will not be required to upload
scanned copy of any document or to submit hard copy of any document for the evaluation
process except the EMD, cost of tender documents, scanned copy of Letter of Bid, document in
support of exemption of EMD (if applicable) and Excel sheet for Technical Evaluation. The
information furnished by the bidders off-line/ on-line along with on-line undertaking with
Digital Signature
Certificate in support of the authenticity of the facts, figures, information and documents
furnished by them will be accepted for the evaluation of the bids.
All the Commercial terms and conditions of contract like Delivery Schedule, Payment
Terms, Price Fall Clause, Liquidated Damage Clause, Basis of Pricing (FOR/FOB Terms), Risk
Purchase Clause, Guarantee/Warranty Conditions, Performance Guarantee Clause, Inspection
Clause etc. will be specifically mentioned in the NIT. The bidder has to accept those terms and
conditions unconditionally in order to participate in the tender otherwise cost of deviation to be
mention in specified Form except essential clauses as stipulated in NIT.
The bidders will furnish their values against each specification in Technical Parameter Sheet and
will submit/ upload the same Excel sheet/ file during submission of bid. Based on the evaluation
criteria indicated in the Technical Parameter Excel Sheet, the technical evaluation of the bid
will be done by the system with least human intervention and the compliance report will be
displayed to the bidders on-line and in case of of-line dealing officer will prepare the summary
sheet based on the excel sheet submitted by the bidder and same to be placed before TC for
evaluation.
In case of on-line, the Technical evaluation of Tenders will be done on-line by the software as per
respective Evaluation Criteria specified in the Technical Evaluation Excel File specially designed
for obtaining specific information from the bidders and evaluating the same in a
transparent manner so that Bidders will be able to know, whether they comply to the Technical
W& P Manual – 2012 Page 37

specification parameters of the NIT.
In case of techno commercial compliance bid based on the information submitted by the bidder
is three or less than three, verification of documents of all the bidders will be done before
opening the price bid of techno-commercially acceptable offer.
The Tender Committee will validate the on-line evaluation of Techno Commercial bid/offline
evaluation based on the information furnished by bidder on-line/off-line.
The system generated evaluation sheets/ off-line evaluation sheet shall be authenticated
by
Tender Committee and shall be kept in the
file.
The first step in examination of bids shall be to ascertain whether the bidders, who have
submitted a substantially responsive bid, generally meet the Qualifying Requirements. The
Tender Committee shall examine all the relevant information in respect of QR of all the
bidders and identify the clarifications or additional data, if any, which may be required from a
bidder(s) so as to ascertain the bidder(s) QR compliance status. Approval of TIA is required for
seeking techno-commercial clarifications and additional data from participating bidders in
respect of QR and bringing out the following details:
(i) Bidders who are observed to generally meet the qualifying requirements and with whom
DVC can proceed ahead to hold the Clarifications Meetings on different aspects of their 1 st
Stage Bids.
(ii) Bidders who are not found to meet QR.
(iii)Bidders, from whom clarifications and additional data are required, so as to ascertain their
QR compliance status.
Bids from those bidders who are not found to meet the QR shall not be considered
further.
Further clarification and additional data shall be sought from the bidders identified under
(iii) above and shall be allowed specific time period as deemed reasonable by the Tender
Committee to submit the same. If a bidder fails to furnish the required details within the aforesaid
period, it shall be deemed that he has nothing more to supplement the data already furnished in
his bid.
The discussions with different bidders identified as above shall be carried out with the
objective of ensuring that all the proposals conform to equal and acceptable technical standards
and other terms and conditions. Any deficiencies, extraneous provision and unsatisfactory
technical features, if any, with regard to provisions of Bidding Documents, pointed out by
the bidder(s) shall be carefully examined and evaluated.
Based on the clarifications and additional data furnished by the bidders, the QR compliance status
of the bidders shall be further examined and the Tender Committee shall put up a note identifying
W& P Manual – 2012 Page 38

the following:
(i) Bidders who are observed to generally meet the qualifying requirements and
techno- commercial specifications.
(ii) Bidders who are not found to meet
QR.
Bids of those bidders who are not found to meet the QR shall not be considered
further.
Tender Committee shall put up first stage bid evaluation report and recommendation for
opening of Price bid of the qualified bidders, whose first stage bids are responsive, to the Tender
Inviting Authority for approval.
The Tender Committee recommendation based on the on-line evaluation/ off-line evaluation
will be made for opening of Price bid of eligible bidders. The said recommendation will
require approval of the TIA. The summary of technical evaluation with the names of eligible
bidders and the brief reasons for disqualification of unsuccessful bidders (if any) alongwith the
date of Price- bid opening will be uploaded/ communicated by the TIA.
Date of Price-bid opening shall be kept atleast one day after the date of uploading/
communicated of the summary of technical evaluation. All the bidders will be intimated
through system generated e-mail/e-mail.
The Price bid of the successful bidders (qualified in Techno commercial bid) will be opened
on the scheduled date and after the pre-scheduled time by the Tender opening committee.
The Bidders may view the price bid opening online remotely or in case of off-line, bidders will be
allowed to present at the time of opening of price bid. The Comparative statement manually
prepared by the dealing officer or downloaded system generated Comparative Statement will be
vetted and signed by the Tender Committee. This will be kept in the file.
j) Verification of Documents
a) L1 Bidder/s for each item will have to produce the documents (original/self authenticated
and attested by Public Notary), as specified in the NIT, in support of the information furnished
by him/them on-line, for verification by Tender Committee on any working day within 10
days in case of domestic tenders and 15 days in case of global tenders from the date of
opening of price bid. The L1 bidder/s will also submit an affidavit (original) on a non-judicial
stamp paper of Rs.10 regarding genuineness of the information furnished by him/them
online and authenticity of the documents being produced by him/them, within the same time
frame. No additional time will be allowed to the bidder for producing the required documents.
b) In case the L1 bidder for any item fails to produce the documents within the specified
period of 10 days in case of domestic tenders and 15 days in case of global tenders, or if
any of the information furnished by L1 bidder on-line is found to be false by the
Tender Committee during verification of documents, which changes the eligibility status
of the bidder, then snap bidding/revise price bid/reverse auction at the discretion of TAA or
Concerned Member ( in case of TAA is Board/chairman) will be resorted to within the
remaining bidders instead of re-tender for the items/ contract in which the bidder was L-1
with forfeiture of EMD with caution letter to refrain in future and in event of 2 nd instances
EMD will be forfeited and banning of L1 bidder for one year from participating in
W& P Manual – 2012 Page 39

future tenders considering time essence to finalise the tender.
The Tender Committee will recommend for issue of Purchase Order to the successful
bidder/s after evaluating their technical eligibility based on the computer generated evaluation
sheets / manual comparative statement followed by verification of the documents
submitted by L-1 bidder/s in support of the information furnished by them on line/off-line
and after evaluation of the reasonableness of L-1 rates. The reasonableness of rates will
be evaluated as per the provisions of Works & Purchase Manual of DVC and other
guidelines issued from time to time. The approval for issue of Purchase Order to L-1 bidder/s
will be accorded by the competent authority as per Delegation of Power based on the TC
recommendation.
After obtaining the approval of competent authority on tender committee recommendation, the
Purchase order to the successful bidder/s will be issued and the scanned copy of the
Purchase Order will be uploaded on the e-Procurement portal and/or the original copy will be
sent to the bidder/s through registered/speed post
The EMD of unsuccessful bidders will be refunded within 15 days after finalization of
bid.
The system will preserve the details of Techno Commercial bid and Price bid in the archives for
auditing purposes and the same can be accessed with special authorization. In case of off-line,
file will be kept with the dealing officer for any future reference.
In exceptional circumstances if contract is to be finalised in deviation of the provisions, clauses,
terms & conditions of the Works & Procurement Manual, then condonation of deviation
are required to be approved by concerned Member if not specifically empowered otherwise.
Further in case there is a deviation to CVC guidelines, the same is required to be approved by
the Chairman under intimation to Board in due course and information to CVC & MOP.
Power is delegated by the Corporation to condone / waive LD & SD Clauses to the Tender
Accepting Authority as per Delegation of Financial Power and to the Chairman, in case Board
is the Tender Accepting Authority, in respect of the following contracts to be awarded –
i) Against Single Tender Enquiry on OEM / OES / PAC basis/Single source Standardisation.
W& P Manual – 2012 Page 40

ii) For Consultancy / Investigation / Study / Testing review etc. against Single Tender Enquiry /
Nomination basis on Govt. agencies including PSUs and Education / Research Institution.
iii) For procurement of oil (LDO, FO & HSD).
CEs/Sr. CEs are hereby delegated the Power for approval of deviation from NIT Clauses (other
than SD/LD Clauses) like Warranty / Guarantee, Terms of Payment etc. in respect of SINGLE
TENDER ENQUIRY on OEM/OES/PAC/ single source basis after recording justification for the
same.
k) Splitting of order between two or more Vendors:-
In case of Coal Importation, Transportation and the requisitioned item (s) is/are critical inputs for
operation and maintenance of plants, it may become essential to operate parallel contract (s) to
safeguard against chances of one vendor failing to execute. The same may apply when material
/work/ service is urgently required and single vendor cannot execute entire quantity in time. Under
these circumstances need may be felt to split requisitioned quantity between two or more vendors and
operate parallel contracts subject to the approval of TAA with recording the justification. Following
procedure shall be adopted:
(a) No splitting after opening the bids shall be allowed. Such decision need to be taken at the time of
floating the tenders and a provision in line with following, must be made in the Notice for Inviting
Tender (NIT)
Tendered material(s) are one of the critical inputs for smooth operation and maintenance of
power plants and DVC may enter into parallel contracts with one or more vendors
(b) While splitting the requisitioned quantity between two or more vendors, the original evaluated L1
vendor shall always be in advantageous position i.e. quantity between L1and L2 vendors may be
divided in ratio of minimum 60:40 and so depending on capacity of the firm in the industries, time
frame of volume requirement etc.
(c) At first, the evaluated L2 vendor is t o b e approached or called for negotiation to match
their rates withL1 evaluated price, which may sometimes warrant the matching terms and
conditions also. After obtaining the favorable consent from evaluated L2 vendor, order may be
split in ratio as per NIT.
In the event of L2 bidders not agreeing to match L1 rates, possibilities shall be explored with L3,
L4 and so on as the case may be in seriatim in an attempt to finalise the tender.
In case o f n o b i d d e r a g r e e s t o m a t c h t h e L 1 o f f e r r a t e , p l a c e m e n t o f
t o t a l o r d e r o r r e t e n d e r f o r b a l a n c e q u a n t i t y t o b e d e c i d e d b y T A A o n
c a s e t o c a s e b a s i s .
H o w e v e r t h e s a i d c l a u s e s h a l l b e c l e a r l y m e n t i o n e d i n N I T .
W& P Manual – 2012 Page 41

In case of TAA is Board/ Chairman for placement of order, approval of concerned member shall
be obtained.
In case of placement of order on splitting up of “works/ procurements/ services”, QR to be firmed
up based on the approved maximum quantity which will be placed in favour of L1 bidder.
14. MODE OF TENDERING:
Before floating any enquiry (Capital / Spares / consumables / other assets / works / Turnkey Projects),
it shall be ensured that prior approval/sanction of the appropriate authority having financial
power as per relevant DFP is obtained.
The mode of Tendering should be assessed on the basis of proper technical justification and not on
the value of the indent alone.
However, the mode of tendering will be selected considering the following in general:
a. The total estimated cost of Purchase/ estimated value of works/services to be made. b.
Type of materials (proprietary or otherwise)
c. No. of proven sources known and available. d.
Urgency of requirement.
Depending on the above, followings are the mode of tendering which can be adopted for the
purpose of procurement / works contract / service contract:
a) Open Tendering:-
i) Through abridged press advertisement and hosting in DVC website.
Attention of all manufacturer or their authorised agents/distributor of a particular equipment/material
and capable vendors to undertake a particular work/services will be drawn to the requirements of
DVC and allowed to quote. Display of NIT/Enquiry in the Notice Board does not mean open
tendering. Open tendering means NIT/Enquiry has been given wide publicity and efforts are made to
reach the bulk of the potential vendors. For this purpose, short advertisements in ITJ and in three
leading Newspapers, out of which at least one Newspaper must be in a local vernacular of users
unit/project. For example, if items are to be procured for Bokaro Thermal Power Station, short
advertisement shall be published in ITJ and in any leading newspaper of Jharkhand published in
Hindi, in one leading Newspaper from Kolkata and the other one in English Newspaper
published simultaneously from metro cities like DELHI / KOLKATA / MUMBAI etc. For purpose of
open tendering, apart from publishing the NIT in short form in ITJ, Newspapers, detailed NIT
including the bid documents are to be published in DVC’s website (www.dvc.gov.in) so that the
same can be downloaded by the intending tenderer. However, hoisting of engineering
documents, as part of bid documents in Website should also be considered, if technically
possible.
The open tendering through press advertisement, in general, is to be resorted to for high value
W& P Manual – 2012 Page 42

purchases/Turnkey Projects/Works/Services, having estimated value in excess of Rs.25 lakhs.
However, open tendering may also be resorted to for critical items/works having estimated cost of
procurement less than Rs.25 lakhs for which no source of procurement/vendor base is available.
However, overall economy in press advertisement should also be taken care of and generally to be
restricted to 5% of estimated cost. Prior approval of Tender Inviting Authority in this regard is to be
obtained.
Qualifying requirements should be specified in the web advertisement in details so that only
genuine and reliable parties are able to quote.
The copies of the advertisements published in the available Newspapers should be kept in the relevant
file along with recording the dates and names of other publication selected for Tender notice.
ii) For Works / services having estimated value below Rs.25 Lacs, the following may also be
reckoned as Open Tendering when delegation of power is concerned:
Tendering has been made amongst all the approved list of vendors (at least four vendors in ALS),
who are considered capable by TIA to undertake tendered works/services subject to condition that the
said approved list of vendors has been prepared in most transparent manner by press advertisement.
The methodology described under ‘vendor registration’ of this manual may also be used for such
purpose. Such vendors’ list will be considered valid maximum for a period of 03 years from the
date of enlistment. Working vendors’ performance/ rating should also be carried out on yearly
basis.
b) Limited Tendering: -
i) Limited tenders shall be issued having estimated value of Rs.25 lakhs and below, from not less
than ordinarily from 4 parties from amongst the list of approved vendors / vendor with proven
credential / Manufacturer / authorised agents or distributor / owner / proprietor of the firms
having proven performance in the past through online method having value Rs.2 lacs & above
and for off-line tender shall be issued under Certificate of Posting / Speed Post / Regd. Post /
Courier for purchase/works/services Vendor list for LTE is to be approved by Tender Inviting
Authority before floating NIT.
All the parties to whom LTE are floated should categorically send their regret in case of nonparticipation
in the tender otherwise they may not be considered in future for similar item and same
is to be clearly mentioned in the enquiry.
ii) Where there is no approved vendor list / poor vendor list, the following stipulations may be
followed as per discretion of TIA :
a) For small works/procurements/contracts having estimated value up to Rs.2 Lacs, tender/enquiry
may be circulated in internal notice board and by displaying in various DVC
establishments. The same is to be reckoned as LTE for the purpose of delegation.
b) Tender / enquiry having estimated cost above Rs.2 Lacs and up to Rs.25 Lacs shall be
hoisted in DVC Website with QR apart from circulation and display in various DVC
W& P Manual – 2012 Page 43

establishments including direct mailing of NIT to the proven vendors of past and this will be
considered as LTE for the purpose of delegation.
However, for the items of special nature with technical intricacies or for any other reason the
Plant Chief/CE/HOD may decide on the number of bidders to whom LTE will be issued and in
such cases enquiry sent to more than one vendor will qualify as LTE.
iii) Limited tender can also be resorted to for estimated values exceeding Rs. 25 Lacs when the
requirement is of special nature with technical intricacies and can be performed by selected
vendors only, or when time does not permit for open tendering. In both the cases reasons for such
action should be recorded in writing and prior approval from TIA is to be obtained. The cases of
acceptance of single response to the limited tenders will be treated as per delegation of financial
power.
Single acceptable bid against open tender/ limited tender to be retendered with modified QR in
case of open tender / hoisted at web site with QR in case of limited tender except urgencies
certified by the TIA and to be treated as single tender on ground of urgency if there is no specific
delegation. However in case of single acceptable bid against open / limited tender with modified QR
shall be treated as open tender/ limited tender as the case may be.
c) Single Tendering:-
Single Tendering shall be done by inviting offers from single source/vendor, which may be the
OES/OEM/PSU, or on the basis of proprietary article certificate or on the basis of source
standardisation or on the ground of urgency/ emergency. In case of proprietary
items/OEM/OES/Standard Source Basis, certificate to that effect will have to be issued by the
indenter at the appropriate levels in each case. Source standardisation will normally be for a
limited period not exceeding three years and have to be approved by Station Chief/Sr. C.E. /
HOD. The proposal for single tender enquiry on the ground of urgency /emergency should be
approved by tender accepting authority as per delegation. All projects shall send their source
standardisation list to other projects for their reference documents and a copy of the same shall
also be forwarded to Chief Materials Manager.
In case of multi source standardisation based on open advertisement, the same will be treated at par
with open tender for the purpose of delegation of power. If the multi-source standardisation is done
on the basis of vendor list/ALS, the same will be treated at par with limited tender for the purpose of
Delegation of Power.
The materials which are to be procured on single tender propriety basis, the vendor must submit a
Proprietary Article Certificate (PAC) and Price Reasonability Certificate (PRC) stating that the prices
charged are reasonable and the same as being charged to all the Govt. / semi Govt.
Organizations / PSUs including D.G.S. & D. wherever applicable and shall be submitted along
with the offer with documentary evidence. Where agency commission is involved, the same in
percentage invariably be indicated and in such cases appropriate document/agreement required to be
furnished.
d) Spot/ Committee Purchase:-
In order to meet the immediate requirement, items costing more than 5000/- upto Rs. 100,000/-
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(except office establishment requirement) may be procured by a committee, consisting of
indenter, finance and Purchase Deptt.. This can be done only with approval of Project Head, and the
committee should record the price reasonability.
e) Tender due to urgency:-
To exercise the delegated power under relevant DFP for placement of work order on urgent basis
TAA is empowered to issue short tender notice with a minimum time limit for 7 days instead of
normal time period specified in LT/OT on recording the reason for urgency.
However, in case of TAA is Board/ Chairman, approval of concerned Member shall be obtained.
15. Source Standardization Procedure:
1. For the efficient operation and maintenance of power plant, timely availability of quality
materials at reasonable price is very important. Failure of small items of MRO
(Maintenance, Repair and Operating Supplies) may prove very costly and result in spoiling our
very high value equipment, increasing cost of maintenance and sometime even effecting
power generation. For example, in the area of plant consumable, for almost every item quite a
number cheap products have been developed and being marketed by various suppliers. Many
of them have failed to provide reliable and consistently good services. We being in power
sector cannot afford pre-mature failures. It is therefore imperative for us to look for quality
materials amongst available brands/ manufacturers. Standardization helps us to select
reasonably and consistently good quality materials from the various alternatives available in the
market.
2. As and when user departments feel the necessity of standardizing sources/ makes of certain
items due to difficulties in getting requisite quality materials, they shall initiate proposal for
standardization of source (s) of supply of those items. The proposal shall indicate in details as
to why source/ make standardization of proposed items is necessary. Such proposal needs
to be approved by Chief Engineer/ Head of Unit.
3. After approval of competent authority to consider source standardization of certain
proposed items, the first step in this direction would be constitution of committee
comprising member from User Department, Materials, Finance, Quality Assurance who
shall be at Minimum level of E-5. Nomination shall be made by Head of respective
department and approved by Chief Engineer/ Head of Unit. Member from Materials
Department shall be the coordinator.
4. Standardization of different categories of items shall be done on the basis of past experience/
data available with regard to performance of products of different reputed manufacturers. If felt
necessary committee may consult other power station/ obtain feedback in this regard. Data may
also be collected from other reputed power organizations like NTPC, NHPC, PGCIL, BHEL,
GAIL, ONGC etc. The data available from the past open tender (NIT) may also be utilized.
5. If necessary sources under consideration, who are renowned manufacturers, may be asked to
provide samples or extend the facilities of deputing their Application Engineer alongwith
samples for trial/ discussions with committee members.
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6 . In the process of standardization of sources, if required, committee may recommend for
assessment of suppliers works for technical capabilities, process of quality assurance and
availability of testing facilities, managerial competence, financial strength, turn over etc. In
order to carry out this assessment committee may visit the suppliers works.
7. As far as possible, committee shall look for multi- source standardization. However, in
exceptional cases, s i n g l e s o u r c e s t a n d a r d i z a t i o n may a l s o b e
r e c o m m e n d e d . After assessment of potential sources for standardization, committee shall
prepare the final recommendations which shall be approved by Chief Engineer/ Head of unit.
8. Standardization of sources shall be valid for a maximum period of THREE YEARS and be
reviewed in such a manner that by the time its validity expires, new standardization, based
upon the experience ranging three years period, is duly approved and in place, so as to
ensure smooth procurement.
9. Issue of tender enquiry to all the sources, in case of multi-source standardization, it shall be
treated at par with open tender for the purpose of Delegation of Power.
1 0 . A copy of approval of source standardization for various items must be sent to other
power stations of DVC for their reference or similar action.
11. Similarly, when details of standardization of items are received from other power station, those
shall be brought to the notice of user department and may consider similar standardization at
the station. This shall provide support to the efforts for source standardization for maximum
items.
12. Some items at power station which can be considered for source standardization : Welding
Electrodes, Packing (both Metallic and Non-Metallic), Fastens, Hand Tools, Cutting Tools and
Abrasives, Surface Coating Materials (Paints etc), Bearings &Accessories, V Belts, Lab.
Chemicals, Stationery items, Office Furniture, Guest House Furniture, Switches, Plug Tops
and Misc. similar materials, lamps, florescent Tubes, Fuses etc. This list is only
exemplary and not exhaustive and many more items can be considered for source
standardization (Source standardization for items like Conveyor Belts, Personal
Computers, Reinforcement steel and structural Steel etc.
1 6 . Integrity pact:
In order to ensure transparency, equity and competitiveness in its procurement and works, DVC has
decided to adopt Integrity Pact. The Integrity Pact (IP) envisages an agreement between the
prospective vendors/bidders and the buyer committing the persons/officials of both the parties, not
to exercise any corrupt influence on any aspect of the contract.
The Integrity Pact shall be applicable for tenders having estimated value (excluding taxes and duties)
of Rs.15 crores and above. Further, in case of tenders having estimated value (excluding taxes and
duties) of Rs.50 crores and above, the Independent External Monitors (IEMs) shall be responsible to
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oversee the implementation of Integrity Pact objectively and maintaining absolute neutrality.
Approval of two IEMs for appointment is under active consideration of CVC and will be declared
shortly.
IMPLEMENTATION OF INTEGRITY PACT:
1. Integrity Pact will be implemented by DVC w. e .f. 1st June, 2012 for Tenders/Contracts value of
Rs.15 crores and above:
2. Following Integrity Pact Clause has been incorporated in the tenders of value Rs.15 crores and
above:
a) “DVC shall be entering into an Integrity Pact with the bidders as per format enclosed vide
Annexure (Z) of the tender document. The proforma has to be returned by the bidder
(alongwith the techno-commercial bid) duly signed by the same signatory who signed the bid, i.e.,
who is duly authorised to sign the bid. Any bid not accompanied by Integrity Pact
proforma duly signed by the bidders’ shall be rejected straightway. All pages of IP to be signed by
the bidders’’ authorised signatory who signs the bid”. In other words, entering into this Pact would
be a preliminary qualification.
b) Instructions regarding submission of Bids:
Bid shall be submitted under 3-envelope tendering, i .e.
A envelope : EMD, Integrity Pact (refer Annexure-IP) and Tender fees if downloaded from
website
B envelope : Techno-Commercial Part
C envelope : Price Part
The format of Integrity Pact is as Annexure (Z) which should form a part of the tender document of
value more than Rs.15 crores.
17. Cost of Tender documents:
In case of open tendering by press advertisement, the tender documents fee shall be decided on the
basis of estimated value. No cost of tender document is required for LTE and STE.
Accordingly, the cost of documents for different categories as under will be regulated as below.
A. FOR PURCHASE / MISC. WORKS / ANY CIVIL WORKS / SERVICE- CONTRACT /
AMC / RC
Sl.
Estimated value of Indent
Cost of documents
No.
1. Upto Rs. 25 lakhs Rs.500/-
2. Above Rs.25 lakhs upto Rs.100 lakhs Rs.1000/-
3. Above Rs.100 lakhs upto Rs.500 lakhs Rs. 3000/-
4. Above Rs.500 lakhs Rs.6000/-
B. FOR NEW PROJECTS / R&M WORKS / RLA STUDIES
Sl. No. Estimated value of Indent Cost of documents
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1. Upto Rs.100 lakhs Rs.1500/-
2. Above Rs.100 lakhs upto Rs.700lakhs Rs.3500/-
3. Above Rs.700 lakhs upto Rs.2000 lakhs Rs.6000/-
4. Above Rs.2000 lakhs upto Rs.5000 lakhs Rs.15000/-
5. Above Rs.5000 lakhs Rs.25000/-
Small scale industries registered with NSIC shall be issued the Tender documents free of cost subject
to production of the documentary evidence like valid Registration Certificate from appropriate Govt.
authority giving details such as—Validity, Stores etc.
18. EARNEST MONEY DEPOSIT FOR TENDERS:
In all cases of open tendering, Earnest Money Deposit shall be applicable and regulated against
individual tender as follows: -
(i) For cases of estimated value up to Rs.5 crores :- 2% of the Estimated Value.
(ii) For cases of estimated value above Rs.5 crores :- 1% subject to minimum of Rs.10 lacs. Earnest
Money is not to be insisted in case of single tender enquiry of any value and limited
tender enquiry for packages of estimated value upto Rs.15.00 lakhs. In case of limited tender
enquiry for packages of estimated value above Rs.15.00 lakhs, Earnest Money may be imposed at
above rate at the discretion of TIA.
Small scale Industries registered with NSIC shall be exempted from payment of EMD. SSI Units
seeking such exemption must enclose valid registration certificate from appropriate Govt.
authority giving details such as validity, stores etc.
The Earnest Money should be deposited along with the tender, if applicable, as per direction
given in the NIT, and shall be furnished in any of the following forms:
a) E-payment mode has been enabled. The bidders can pay the cost of bid document and the
EMD through electronic mode i.e. credit card/ debit card/ net banking. Provision for NEFT/ RTGS
has also been enable, moreover in case the bidder who do not have any credit card/ debit card
or net banking facilities can use NEFT/ RTGS facilities for payment by downloading the
challan from the web site and submit the same to nearest bank.
b) Earnest Money can be submitted in the form of Bank Guarantee from an Indian Nationalized Bank
/ Schedule Bank / Foreign Bank (in the scheduled list of Reserve Bank India), irrevocable
and operative till the validity of the offer as per standard Proforma.
Overseas bidder in case of participation is permitted to submit the Bank Guarantee from
Foreign Bank which are included in the scheduled list of Reserve Bank India, copy of which is
annexed in Annexure-F. However, any Foreign Bank not mentioned here but subsequently
included in the scheduled list of RBI in the course of bidding shall be accepted. Such
inclusion of Bank’s name is to be obtained from the website – www.rbi.org.in.
The Bank Guarantee currency shall be same as currency of Price Bid. In case the bidder
arranges to submit BG in INR from Nationalized or Schedule Bank through their trade
relation and quote the bid in USD/EURO, the same shall be accepted.
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c) DVC Bonds duly endorsed in favour of DVC.
d) Post Office National Savings Certificate, having face value equal to the EMD value and duly
endorsed by issuing authority in favour of DVC.
e) Attested photocopy of certificate issued by DVC as permanent EMD account holder.
f) Pay order/ demand draft in favour of DVC.
No Bank Guarantee shall be accepted for EMD amount upto Rs. 50,000/-. However, EMD
exceeding Rs. 50,000/- may be accepted in any of the above forms.
The offer accompanied by B.G. against EMD will only be considered valid on acceptance of the Bank
Guarantee. The offer not accompanied by specified EMD in proper form as defined in the Bid
Document shall not be considered as valid tender for opening provided necessary stipulations are
made in the NIT.
In case it is observed that there is a shortfall in earnest money deposit to the extent of Rs.100/- the
same may be condoned by TIA.
The earnest money would be refunded to the unsuccessful tenderers within 15 days of finalisation of
the tender. Earnest Money will be returned to the successful tenderer after receipt of SDBG as per
terms mentioned in the purchase order. No interest would be paid against the EM deposits.
Earnest Money deposited is liable to be forfeited without
Owner, etc.in the following circumstances:-
any notice or proof of damage to the
1) For failure of tenderers to accept the order / LOI / LOA placed within the validity period of
their offer,
2) Any bidder withdraws/varies his offer within the bid validity period before finalisation of the
tender.
3) If the bidder does not accept the arithmetical correction of its bid price.
4) For failure to submit security cum performance BG within 30 days from the last day of the
specified time limit as stipulated in the PO/LOI/LOA.
5) If the acceptance of order is not received within the stipulated period.
6) If the Bidder does not withdraw any deviation listed in Statement of Deviations at the cost of
withdrawal indicated by him,
7) If the Bidder refuse to withdraw, without any cost to the Owner, any deviation not listed in
Statement of Deviations but found elsewhere in the Bid,
8) On providing false or incorrect information in respect of qualifying requirement etc.
9) In case the L1 bidder for any item fails to produce the documents within the specified period of
10 days in case of domestic tenders and 15 days in case of global tenders, or if any of the
information furnished by L1 bidder on-line is found to be false by the Tender Committee
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ACCEPTANCE OF BANK GUARANTEE SUBMITTED BY THE BIDDER TOWARDS
EMD/BID SECURITY/BID GUARANTEE:
It has been often experienced that the Bank Guarantee submitted as EMD or Bid Security deviates
from the standard format as provided in the bidding document. While such a Bank Guarantee,
with value and validity different from that prescribed in NIT shall not be accepted. However, it would
not be prudent to reject a Bank Guarantee with changed text but otherwise meeting the
intent and purpose, as well as other important parameters such as value and validity etc. Accordingly,
such cases need to be dealt with as described below.
The Bank Guarantee shall not be accepted and bid shall be rejected, if :
a. The name of the NIT mentioned in the BG is different from the NIT for which bids have
been invited.
b. The firm/proprietor, on whose behalf the bank guarantee has been furnished, is different
from the bidder.
c. The Bank Guarantee is not of the prescribed value.
d. The validity of the Bank Guarantee is less than the stipulated period. However, the shortfall, if
any, up to a period of 7 (seven) days, shall be acceptable. Further, an additional shortfall only
in the following cases shall be acceptable:
i. If the dead line of submission of bids and the date of bid opening has been extended once,
with the period of extension being less than or equal to 15 days, a shortfall up to the period of
extension shall be acceptable.
ii. If the dead line for submission of bids and the date of bid opening has been extended more
than once, with the period of total extension being less than or equal to 15 days, a shortfall up to
the period of total extension shall be acceptable.
Note :- The Bank Guarantee to be prepared on non judicial stamp paper of appropriate value
which vary from state to state and time to time. As such no rate has been prescribed. It has to be
verified from the bank.
If the text of the BG furnished by a bidder is at variance from the given in the bidding documents, the
BG shall not be rejected merely on that ground. It shall be examined by the concerned
Purchase Officer to ascertain whether it meets the required intent and purpose of EMD / bid security.
If the BG is not found acceptable, the bid shall be treated as non-responsive. If the BG is found to
meet the intent and purpose of bid security, despite the variance in text, the concerned Purchase
Officer shall obtain the vetting of the same by the legal cell. Thereafter, Tender Inviting Authority
shall approve it for acceptance. The checklist for acceptance of BG and The formats for BG against
EMD/SD/Advance and extension are given at the end of this manual.
For procurement of vehicle, exclusion of Security Deposit cum Performance Guarantee Clause in NIT
may be considered with the approval of TIA. The custody of the BG. should be with the concerned
Accounts Deptt, who in turn will monitor the same and lodge a conditional claim with the Banker
one month in advance before the expiry of the Bank Guarantee. The Accounts Deptt should also send
a copy to Engineer in charge and C&M Deptt for extension /disposal of the BG. If no response is
received for extension within the time Schedule, Accounts Deptt. should lodge formal claim against
the
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19. PERMANENT EARNEST MONEY DEPOSIT:
a ) The Tenderer may deposit with the Corporation, permanent EMD of rupees three lakhs only
(Rs. 3,00,000) in the form DD/Pay order/banker cheque Draft in favour of Damodar Valley
Corporation payable at Kolkata in INR or BG for a period of three years constituting the
same sum as security for the compliance with the obligation undertaken in the tenders
involving estimated cost upto Rs.1 crore irrespective no. of tender. No interest shall be payable
on such deposit amount. Tenderer shall be entitled to submit offers and to have them
considered without payment of EMD with each tender separately. An exemption certificate shall
be issued to such vendors and they need to furnish reference of this certificate alongwith tender
document and also superscribe the reference on the envelope so that offers are accepted for
opening.
b) Permanent EMD deposited by vendors/suppliers shall be forfeited in case they
i) Revoke the tender or increase the rates after opening the tender but during the validity period of
their offers
or
ii) Refuse to accept the order/contract issued as per their offer or subsequent mutual
agreements.
iii) Do not execute the orders.
Permanent EMD can be refunded if so desired by vendors, in which case they shall be required to
deposit requisite EMD with each tender.
20. TIME FRAME FOR SUBMISSION OF BIDS FOR DIFFERENT TYPE OF TENDER:
The following time period, has been prescribed for floating tender enquiry. a)
i) Open Tender through Press Advertisement : 4 to 6 weeks
ii) Open Tender amongst vendors
enlisted through Press Advertisement
: 2 weeks or as decided by TIA
b) Limited Tender : 2 to 3 weeks
c) Single Tender on OEM/OES/PAC/STANDARD SOURCE BASIS: A minimum period of 2
weeks or a less reasonable period as decided by TIA /Plant Chief. However, if bid received earlier
before due date, the same may be opened with the approval of TIA under intimation to bidder.
d) Single tender on ground of urgency / emergency: A minimum time limit for 7 days instead of
normal time period specified in LT/OT on recording the reason for urgency. However, if bid
received earlier before due date, the same may be opened with the approval of TIA under
intimation to bidder.
The time frame will be given in the bid document as below:
W& P Manual – 2012 Page 51

For Open /Limited Tender:
i) Starting Date of Sale of Tender Documents: ………………………
ii) Date of Closing of Sale of Documents: …………………………..
(considering the time schedule as described in Sl. (a) above)
iii) Pre-bid meeting on (if intended) : ………………………………....…
iv) Last date for submission of offer :………........................... upto (specify time)
and
v) Date of Opening of Tenders : …...........… (specify date and time).
The bids shall normally be received upto 1100 hours or 1500 hours (generally for field
offices) on the specified day and shall be opened immediately on the same day after 11-30
hours or 15-30 hours respectively. Date of bid opening should be after a gap of approximately
3-10 days, as decided by TIA, from the last date for selling of tender documents or date of
pre-bid conference whichever is later.
21. TENDER DOCUMENTS:
Tender Documents shall contain the following: (i)
Notice Inviting Tender (NIT).
(ii) Detailed specification and drawing, wherever necessary.
(iii) Qualifying requirement carefully designed to permit entry only to tenderers who possess the
technical, financial & managerial capability to meet the requirement.
(iv) Reference to General Condition of Contract (GCC) applicable to the transaction. (v)
Special terms & conditions to the transactions, if any
(vi) Quantity & Delivery schedule/scope of work with completion schedule.
(vii) Instruction to bidders
(viii) Integrity Pact.
(ix) All relevant formats.
Tender Document Selling (Open Tender):-
Tender documents with detailed specification/scope of work for open tenders may be obtained
from the office of the respective Tender Inviting Authority against cash receipt from respective
Accounts Deptt. , DVC, or against Demand Draft / Banker’s Cheque in favour of “ Damodar
Valley Corporation Chief Accounts Officer, DVC, Kolkata-54”, or Head of Accounts Section of NIT
Issuing Station for an amount equal to value of the Tender documents, on all working days upto 3
P.M. except holiday and the first and last working day of the month.
The above documents can also be down loaded from DVC’s Website and will also be accepted
and remitting the cost of tender documents along with the offer. Prospective outstation tenderers who
intend to submit tenders may obtain the tender document by post, if agreed by TIA, by remitting the
prescribed cost of tender document plus additional postal charge of Rs.100/- in the form of Demand
W& P Manual – 2012 Page 52

draft / Bankers’ Cheque in favour of “Damodar Valley Corporation, Kolkata-
54” or Head of Accounts Section of NIT Issuing Station . But the Corporation will not accept any
liability for delay in receipt or non-delivery of Tender Forms dispatched by Post.
22. PRE-BID CONFERENCE FOR SINGLE STAGE BIDDING :(IF DESIRED BY THE
TENDER INVITING AUTHORITY):
This is to be followed for open and LTE at the discretion of Tender Inviting Authority. If
approved, the detailed programme on pre-bid conference should be clearly mentioned in NIT
documents.
To obviate the possibility of cartel formation, It is also suggested for those NIT where the
numbers of participating bidders are three or less, pre-bid discussion may be held with bidders
individually
The Bidder or his authorised representative to be invited to attend pre-bid conference before
submitting the offer which will take place within Seven (7) days after sale closing of tender
papers at the following address:
( Name & Address of the Owner )
The pre-bid conference shall be arranged on (date, month, year) at
………………………………………(time).
The purpose of the conference will be to clarify any issues regarding the bidding documents in
general and the Technical specifications in particular and for quick disposal of the NIT.
The bidders may submit questions in writing or by e-mail, fax etc. to reach the Employer/Owner at
the address indicated above before the pre-bid conference.
Record notes of the conference including the text of the questions raised and responses given will be
transmitted immediately after completion of pre-bid meeting to all prospective Bidders who have
purchased the Bidding Documents after approval of the same by tender inviting authority/HOD.
Thereafter, a reasonable time (say 3-10 days) is to be given to all the bidders to submit their offers.
However, any modifications of basic technical speciation of the Bidding Documents which may
become necessary as a result of the pre-bid conference shall be made by the owner exclusively
through an amended NIT in website only and not through the record notes of the pre-bid conference
within 3-5 days of pre-bid meeting with suitable extension of tender sale period and tender
submission period.
Non-attendance at the pre-bid conference will not be a cause for disqualification of a bidder.
Any modification of basic technical specification/commercial terms and conditions of the Bidding
Documents as a result of Pre-bid conference in case of Limited Tender Enquiry will be circulated
amongst the bidders through the record note of Pre-bid conference by sending letter, Fax, e -mail.
23. AMENDMENT OF BIDDING DOCUMENTS :
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At any time prior to the deadline for submission of bids, the owner may, for any reason, whether at
its own initiative, or in response to the clarifications requested by the prospective Bidders,
amend the bidding documents except QR after due approval of Tender Inviting Authority.
The amendment will be notified in writing or by telephone/fax/e-mail to all prospective Bidders
that have received the bidding documents and will be binding on them. Bidders are required to
immediately acknowledge receipt of any such amendment, and it will be assumed that the information
contained therein have been taken into account by the Bidder in his bid.
In order to give reasonable time to prospective bidders to take the amendment into account in
preparing their bid, the owner may, at his discretion, extend the deadline for the submission of
bids.
Any addendum/corrigendum/extension, if required, pertaining to Open NIT published through
press advertisement will be hoisted in DVC website only and will not be published in Newspaper
again. Bidders may be requested to visit DVC website regularly for any
addendum/corrigendum/extension till opening of said NITs. This stipulation is to be incorporated in
the original press advertisement for the NIT.
In case of change in technical parameter/ specification/ scope of work, selling and submission
date to be extended.
24. TENDER RECEIPT (except e-tender) :
Tender box should be placed in the office of C&M department/TIA at a central, accessible,
secured location with a clear writing “Tender Box” on the face of the box. The box should be locked
and the keys should be kept with the C&M department or authorised representative of TIA.
Tender opening Committee should be present while opening the tender box. In case of more than one
tender has been floated with different opening dates , the tender opening committee will take out
those tenders which are scheduled to be opened on that date and other bids received in respect of
tenders which are supposed to be closed on subsequent date should be kept in the tender box
and lock it properly.
Tenders in duplicate will be received by the authorised representative of Tender Inviting
Authority upto pre-determined time as mentioned in the tender enquiry on the date of opening.
Tenders received after the scheduled time and date, fixed for the purpose, shall not be considered at
all and also Tender Inviting Authority shall not take any responsibility to accept any tender which
are received late due to postal delay.
When tenders are intended to be submitted to the authorised representative of Tender Inviting
Authority in person, tenders sent by courier/Speed Post will be accepted and acknowledged by the
authorised representative of the Tender Inviting Authority (the names & designation of at least
two officers assigned for this purpose are to be mentioned in the bid document). Delayed tenders
shall, however, not be acknowledged and accepted.
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However in extra ordinary circumstances / poor response, the bid opening date may be extended up to
14 days with approval of TIA. In such circumstances all the bidders will be suitably
communicated about the changed bid opening date.
25. TENDER OPENING:
Opening of e-tender mode has already been discussed above. Off-line procedures are discussed
below:-
Tender will be opened on the due date and time indicated in the NIT. The authorized
representatives of the bidders may remain present during tender opening.
A tender opening register shall be maintained in the respective departments in a printed format
containing information mentioned above including the date of opening, extension of date, if any,
names, designation and signatures of all the persons present during opening. The bidder’s
representatives who are present shall also sign endorsing their attendance.
Each tender to be numbered serially, initialled and the prices along with the important terms and
conditions like earnest money deposit, performance bank guarantee, discount, if any etc. should be
encircled and initialled.
Alterations in tenders, if any, made by the bidders shall be initialled legibly to make it perfectly clear
that such alterations were present on the tenders at the time of opening.
Wherever any erasing or cutting is notified in the tenders, the substituted words should be
encircled and initialed and the fact that such erasing/cutting of the original entry was present on the
tender at the time of opening be also recorded.
After opening of the tender, the tender opening officer/committee should prepare an “On the
Spot, Statement” giving details of the quotations received and other particulars like prices, taxes,
duties and EMD etc. as read out during the opening of the tenders. In case the tenderers / bidders fail
to quote the rates in words or in figures, the omission should be recorded by the Officers opening the
tender and in case the tenderers / bidders failed to write the rates/price in words, the rate in words
must be written and attested by the members of the Tender Opening Committee.
In ‘Two part bid’ where price bids are supposed to be submitted in a separate sealed envelope by the
tenderer, if any price component in full or in part is exposed and found with its techno- commercial
offers, these bid are to be out rightly rejected and will not be considered as the submitted tender is not
as per the terms of NIT.
Price component means “Basic Price”
In case of “Two Part Bid” system, the price bid part of the tender should be kept separately and all
the envelopes containing the price bids must be signed not only by the members of the tender opening
W& P Manual – 2012 Page 55

committee but also by the tenderers’ representatives, present during the opening.
Thereafter, all the envelopes containing the price bids should be put in a bigger envelope and the same
should be sealed, and duly signed by the officers of the tender opening committee and
tenderers’/bidders’ representatives, with name, designation and date.
The Contracts and Materials Deptt. of the Corporation in DVC Towers, Plant /Field Formations shall
form a tender opening committee, comprising of three officers. The representation of Finance
Deptt. will be compulsory in such tender opening committee. In offices where the
representative of Finance Deptt. is not available, the officer of the Accounts Deptt. will be the
member of such Tender Opening Committee till such time an Officer (Group ‘A’) is posted in Finance
Deptt.
The Bid opening date, as notified to the bidders through enquiry should be strictly adhered to.
However, in case of unforeseen circumstances or due to administrative reasons, the bids are not
opened on the due date, the same shall be opened on the next working day at the same time
without any further approval.
Tenders will not be opened on due date if the response is less than three, and in that occasion the
matter will be put up to Tender Inviting Authority / HOD for further decision regarding extension up
to 14 days of bid opening date.
Single tender is also to be opened by TOC.
26. COMPARATIVE STATEMENT PREPARATION:
After the price parts have been opened, concerned dealing Officer of C&M department will prepare
a comparative statement, in standard form as devised for the purpose. All the necessary
relevant details concerning the offers, such as, rates, make, delivery, Quantity offered, together with
any other information relevant to the decision of the indenter should be extracted and neatly entered in
the comparative statement.
The bids shall also be checked for computational error, if any, to arrive at the computed price, as per
provisions of bidding documents. Arithmetical errors will be rectified on the following basis:
In case of discrepancy between the original and copies of bid, the original bid will be considered
correct.
If there is a discrepancy between the unit price and the total price, which is obtained by
multiplying the unit price and quantity of any item, or between sub-total and the total price, the
unit or sub-total price shall prevail, and the total price shall be corrected. In such circumstances the
corrected price will prevail irrespective of whatever is written in words.
W& P Manual – 2012 Page 56

If there is a discrepancy between words and figures only, the amount in words will prevail. If
there is a mistake in summation, the corrected sum will be considered for all purpose.
If there is a discrepancy between the quantity specified by DVC in the bidding document and that
indicated by the bidder in his bid, the former shall be taken to arrive at the computed price.
In case the unit rate of an item is not quoted but the total price is indicated, the same shall be
taken to arrive at the computed price. The computed price arrived at, as above, shall be
considered for the purpose of award also. If the bidder does not accept the correction of errors, its bid
will be rejected.
27. BID EVALUATION PROCEDURE:
Offered bids from any manufacturer will be evaluated in the following methodology. Bids from other
than manufacturer to be evaluated by deleting the respective components which are not applicable to
them, namely, ED, Cess, P&F charges etc.
Original Basic Price : Ex-Works Price (Rs.) = Rs .….………..
+ Packing & forwarding charges,if any : ……% on basic price only
+ Excise Duty : ……% on (Basic Price + P & F )
+ Education Cess : …… % on ED
+ Sales Tax/VAT : .......% on (Basic Price + P & F + E.D.+ Cess )
+ Freight : …….% on ( Basic Price + P&F ) or any lump sum value
(In case the bidder fails to quote any value, ____the bid evaluation will be done on the basis
of highest quoted freight charges by the other bidders.)
+ Insurance : ……..% on (Basic Price + P & F + E.D. + Cess + S.T.) or
any other value against documentary evidence or
actual premium in case of DVC’s Open Policy
(presently it is 0.0112% of basic price).
+ Cost of withdrawal price for declared : As declared by the bidder in annexure-D with
deviation
the price bid.
+ Highest quoted price of other bidders, in case the Bidder fails to quote the Mandatory items or
description of item not as per our specification *
+Type test charge/3 rd Party Inspection Charge as per our QAP with applicable taxes and duties, if
any *
+ Loss capitalization charges, if any*
+Any Other taxes and duties, such as TOT, Entry Tax, Municipal Tax
etc. as applicable **
= Total Evaluated Price
In case of independent items, evaluation is to be made item-wise and to be clearly spelt out in
W& P Manual – 2012 Page 57

NIT under the evaluation process.
The liability of DVC shall be as per actual ED and E-Cess as applicable at the time of despatch,
subject to production of documentary evidence by the manufacturer (bidder). Further the rate of
ED shall be restricted to as applicable within the contractual delivery period only. Increase in ED rate,
if any due to delay in supply beyond the contractual delivery period shall not be payable by DVC if
the reasons for delay is attributable to the vendor only. However, the benefit of any decreases in ED
shall be passed on to DVC.
Comparative statement will be prepared and scrutinized by 3-member Tender Committee. In case of
complex engineering items where C.S. involves lot of technical aspects, the same may be prepared in
consultation with the Engineering Departments / Indenter.
For tenders with lot of components/items, if any bidder fails to quote against a particular
component/item or when the quoted item description is not as per NIT, the respective bid will be
evaluated by loading the highest quoted price of that particular component/item of other eligible
bidders. However order to be placed on rate negotiation of the subject item with L-1 bidder.
If any bidder offers lesser quantity than the BOQ as stipulated in NIT against a particular
component / item, the respective bid will be evaluated by loading on pro-rata basis.
The lines with * mark may be deleted wherever not applicable.
** = {Rate as on date of bid opening to be taken}
While fixing total financial involvement, Tender Committee should also consider and evaluate the
total monetary involvement towards taxes and duties charged by the concerned State Govt. /
Local Statutory Body for entry into the destination state / site viz. (a) Octroi, (b) Entry / Exit Tax, (c)
Additional Toll Tax, (d) Special Toll Tax, (e) Turnover Tax etc. or any other taxes and duties having
the same spirit and purpose. These will be apart from other statutory taxes and duties(ED etc.).
For manufactured items/goods, bidder may be asked to quote their rates in an explicit way i.e.
break up of prices in the form of Ex-works, applicable taxes and duties, F&I Charges are needed,
Applicable taxes and duties, F&I Charges are to be paid against documentary evidence only.
However, for bought-out items, bidder may be asked to quote all-inclusive FOR Destination Price
only.
If a tenderer is exempted from payment of excise duty ED upto any value of supplies, or is
entitled to concessional rate/quantum of ED, and has not stated that no ED will be charged by him
upto the limit of exemption and has not indicated the concessional rate/quantum of ED leviable in
respect of the tendered supplies but has made stipulation like, excise duty presently not
applicable, but the same will be charged, if it becomes leviable latter on, the quoted price should be
loaded with the quantum of excise duty with education cess which is applicable on the item as on the
date of bid opening for the purpose of bid ranking.
In respect of imported stores, when foreign bids are received in different currencies, conversion of
foreign currency into rupees is to be done taking into account T.T selling rate of State Bank of India
on the date of opening of price bid.
In respect of Works/services contract, applicable service Tax with Education Cess to be loaded for
evaluation of bids, if not specifically mentioned the same in the offer.
W& P Manual – 2012 Page 58

NIT should be specific about the above evaluation method.
28. RANKING STATEMENT:
In addition to the Comparative Statement, a comprehensive Ranking statement should be
prepared in the ascending order of the prices quoted, in all cases where more than three offers
have been received. The Ranking statement should be prepared on the basis of the total evaluated
price
29. PROCEDURE FOR PROCESSING THE TENDERS RECEIVED:
Any contracts related to purchase / works/ project package /turnkey project/ services/ AMC/
transportation/R&M etc, having estimated cost in excess of Rs. 100,000/-, to be concluded
through a Tender Committee.
However, while exercising power utilizing DFP (OE), the same to be exercised through Tender
Committee if the estimated cost exceeds Rs. 50,000/-. Cases having estimated value less than the
cut off value as indicated above need not be finalised through TC.
Estimated cost means basic price without loading, taxes, duties, freight etc.
Constitution of QR & TC to be linked with estimated cost without taxes, duties, freight etc.
Any post award modification, in contract clause having financial implication in excess of Rs. 100
lacs to be processed through TC. Excess quantity, extra item and variation shall be dealt as per
DFP and processing through TC is not required.
If the post contract modification involves financial implication less than Rs. 100 lacs, the case to
be processed by the dealing officer and secure approval of award authority as per DFP after
obtaining finance concurrence.
30. LEVEL OF TENDER COMMITTEE :
The tender inviting authority in HQ, plant/field formations shall form the 3-member tender
committee before opening of tender and approved by respective approving authority on case to case
basis. A three member Tender Committee will be formed as follows.
W& P Manual – 2012 Page 59

CONSTITUTION AND APPROVAL OF TENDER COMMITTEE
Sl.
No.
Level of
Approval
Level of TC
committee
Nomination of TC
committee
Approval of TC
Committee
At HQ At Project At HQ At Project At HQ At Project
(1) (2) (3) (4) (5) (6) (7) (8)
1. SE M-3 M-3 M-4 M-4 M-5 M-5
2. Dy. CE M-4 M-4
M-5 M-5 M-6
M-6
3. Chief
Engineer/HOD
M-5 Head of
Section/
M-5
M-6 M-6 M-7 M-7
4. Director M-6/
M-7
5. Member(T) M-6/
M-7
6. Chairman M-7/
above
Head of
Section/
M-6
Head of
Section/
M-6
Head of
Section/
M-6
7. Board Director Head of
Section/
M-6
NOTES :
M-7 M-7 M-7/M-8 M-7/
above
M-7
M-7 M-7 Director M-7/
Above
M-7
Director M-7 Member(T) M-7/
Above
M-7
Member
(T)/(F)/(S)
M-7
Chairman
M-7/
Above
M-7
1. The members of Tender Committee at appropriate level shall consist of one
representative each from Indenting, Procurement / Contracts deptt. and Finance/Accounts
Deptt. No separate finance concurrence is required for such proposal which has been processed
through TC.
2. All the tender committee to be assisted by a scrutiny committee comprising from representative
of indenting, C&M and finance by name. The level of the scrutiny committee will be minimum
M-5 and M2-M4 where TAA is minimum Director and below Director (upto EE/SDE level)
level respectively. The observation report of the scrutiny committee will be placed by dealing
officers of respective C&M department to appropriate TC for their review and
recommendation. The said committee will be formed at the time of formation of TC.
The scopes of the committee are as follows :-
i)To verify the information mentioned in the comparative statement on their related fields.
W& P Manual – 2012 Page 60

ii) Scrutiny of techno-commercial part by concerned representative like indenting
representative will check the technical part. C&M representative will check the
commercial part and finance representative will check the finance part respectively.
iii) Certification on NIT compliance.
iv) To prepare a deviation statement category wise i.e. must conditions and others
conditions, if any.
v) Identification of L-1 bidder.
The said report may assist the decision making process of TC.
3. In case of approving authority being Board/Chairman /Directors/ Member (T) in respect of a
proposal initiated from a project, such proposal is to be initially evaluated by the level of
committee as mention at column-4 at the respective project and to be sent to concerned
Director, HQ along with the recommendation of project/ construction head for further evaluation
by respective level of committee as mention in column 3 at HQ before placing such proposal
for approval.
4. All proposals for approval required at a level higher than Member(Technical) in respect of
cases shall be recommended by Member (Technical) with the con currence of Member
(Finance).
5. Where requisite level of officers is not available, in that case higher level officers will be
nominated in the committee.
6. Where requisite level of officers is not available for recommendation of name in TC committee,
TIA may nominate the same.
7. In case of DFP(OE), TC will represent by minimum M-5 and M-4 officers where approving
authority is HOD and HOO respectively.
Representative of C&M deptt will be the nodal agency to put up the proposal for formation of
T.C. The tender Committee will be formed and approved by the respective Approving Authority
prior opening of the tender bids.
31. SCOPE OF WORK OF TC:
Function of TC will commence after opening of tender. The scope of work of TC should be to
scrutinize the tenders received to find out whether these are complete in all respects and binding
on the tenderers. The committee will also check all the information related to credentials &
techno-commercial as submitted by the bidders as per NIT stipulated. TC also record on the
technical acceptability of the offers and commercial terms to be frozen before opening of the
price bid. After opening of Price Bids (for two part tendering) CS is to be prepared by dealing
officer and placed to TC for their scrutiny and recommendation. The Tender Committee should
W& P Manual – 2012 Page 61

check and scrutinize the CS and put their recommendation on the purchase proposal/ final
proposal for works & services after assessing the price reasonableness of the offer. Thereafter, the
above proposal is to be placed before the TAA for approval or convey their inability to conclude
the tender with justification to TAA. There is no need to send the case file to Finance again for
formal concurrence. The purchase order/work order will be placed after getting the approval of
awarding authority.
Tender Inviting Authority will monitor the time schedules of different activities for finalization of
contract.
There may be some offers, which are not complete. Such incomplete offers can be broadly
classified into two groups.
A) Where the offer is complete with regard to the essentials of the tender though some other
details may be missing.
B) Where the offer is not complete with regard to essentials (which are to be disclosed in the
NIT).
Incomplete tenders falling under Group “A” may be considered provided the offer is specified
with regard to the following basic requirements:
i) Description Specifications/detailed scope of work
ii) Rates
iii) Delivery terms/completion schedule.
There should be no ambiguity regarding the items being offered/ scope of works to be executed,
the prices quoted, and the period of delivery/completion schedule.
Where with regard to these basic requirements, the offers contain vague and ambiguous
stipulations or avoid specific replies to the queries in the tender documents, like whether the
stores conform to technical particulars / specifications / drawings as specified in the schedule to
tender, such offers will not be considered complete with regard to the essentials.
If some other information are missing from such an offer, for example, list of plant and
machinery, details of NSIC registration, copies of statutory license from competent authority /
EPF Code etc., the Dealing Officer may make a reference to the firm seeking further information
provided soliciting of such information does not amount to revision of the offer. Such references
and clarifications must be made quickly with a target date ( not exceeding 30 days) for reply so
that settlement of the tender is not delayed. For making such references or accepting a
clarification from the firms for such details, the Dealing Officer does not require approval from
any superior authority or any recommendation of TC.
32. CLARIFICATION THROUGH E-MAIL:
Information / clarification or references regarding Technical, Commercial as well as Financial
aspects from the bidders in respect of their bids may be accepted through official e-mail or
otherwise.
W& P Manual – 2012 Page 62

However, no clarifications should be obtained from the firm or accepted, or submitted
unilaterally, which have an effect of changing the essentials of the tender or giving an unintended
benefit to the tenderer.
As regards tenders falling under Group “B” mentioned above such offers should be ignored and
rejected straightaway and no reference should be made to the firm or clarification accepted, if
submitted by the tenderer unilaterally.
33. THE FOLLOWING TENDERS MAY BE REJECTED OUTRIGHTLY:
a) Tenders received after the due date and time of tender opening (late tenders);
b) An unsolicited offer, i.e, offers from tenderer other than those asked to quote against
LTI/STI,
c) Offers received subsequently after original offer through open tendering / LTI / STI.
d) It is in the form of Fax/Telex/Telegram/e-mail.
e) It is from stockist (s) or agent(s) without indicating details of the manufacturer whose
products are offered or without price list of the manufacturer with date and signature.
However, Tender Enquiry redirected by the manufacturer to his authorized
distributor/dealer may be given cognigence provided necessary supporting documents
(like up-to-date pricelist published by the manufacturer, manufacturer’s guarantee for
quality, delivery time etc.) is enclosed with the offer.
f) It is from agents without proper authorization from the manufacturer’
g) It is from agents quoting for imported stores but they are not enlisted with DGS&D;
h) It is not accompanied with Earnest Money in case the firm responding is not registered
with valid NSIC;
i) It is ambiguous with regard to any of the essentials, i.e., the items being offered, prices
quoted, and the period of delivery;
j) Tender samples as required in the enquiry conditions have not been submitted by the due
date
k) In case of the price (Basic Price) component is exposed other than in the price part
34. OFFERS WITH SHORTER VALIDITY:
An offer whose validity is shorter than the validity period asked in the NIT and when price bids
are yet to be opened, bidder may be persuaded to accept the NIT stipulation in this regard. In case
of non-compliance even after persuasion, bid may be considered valid at the discretion of TIA.
35. OFFERS WITH DISCOUNTS FOR QUICK INSPECTION/PAYMENT:
In case any tenderer offers discount for coverage within a shorter period, for quicker
inspection/payment such offer is to be considered/compared only as per the price quoted (without
W& P Manual – 2012 Page 63

consideration of discounts). Conditional discount will not be considered for evaluation. However,
if the offer becomes L 1 , DVC may accept the discount while placing PO on the vendor.
36. POST TENDER REVISION / REVISED PRICE BIDS /SUPPLEMENTARY PRICE
BIDS:
Post tender revision will not be entertained in general.
However, invitation of supplementary price bids for items/components of a package (for which
none of the techno-commercially accepted bidders quoted for this in the original offer) and
invitation of Revised Price Bids, if found necessary by TIA, can be exercised for 2-part tendering
only when original price bids are yet to be opened. The Tender Committee should record the
circumstances leading to such invitation of Revised Price Bids/ Supplementary price bids.
Thereafter the same has to be approved by Tender Inviting Authority.
Once approved by the Tender Inviting Authority, this option has to be extended to all the technocommercially
accepted bidders only. Moreover, the firms whose techno-commercial bids have
been evaluated, keeping their price bids in sealed condition, but found not to meet qualification
criterion/NIT terms & conditions are to be intimated for rejection of bids along with the return of
the unopened price bid.
Any revised price bids/Supplementary price bids submitted by any bidder after expiry of bid
submission date should be rejected if not specifically asked by Tender Inviting Authority.
37. TENDERS FROM AGENTS OF INDIAN MANUFACTURERS:
The consideration of tenders from authorized agents/distributors of Indian manufacturers will be
governed by the following guidelines:
a) If the tender is made by an authorized agent / distributor who is not registered with DVC, the
Dealing Officer would see whether he has furnished the following documents.
i) An authenticated copy of the written agreement between the manufacturer and the firm by
which the latter has been appointed as authorized agent/distributor.
ii) An undertaking from both the manufacturer and the tendering firm. For the same tender,
both manufacturer and Agent cannot take part simultaneously. However, the authorized
agent can represent for products of other manufacturer.
b) When considering the offers from authorized agents / distributors, care must be taken to
examine the agency agreement, particularly with regard to:
i) The period for which the authorized agent is appointed.
ii) The agent / distributor have the authority to enter into agreements and to sign contracts for
supply of stores/equipment on behalf of the manufacturers.
c) In case where the manufacturing firm happens to have been banned / suspended by
DVC/nodal Ministry, the offer of the authorised agent/distributor shall not be considered.
W& P Manual – 2012 Page 64

38. DELIVERY PERIOD CONSIDERATION:
No weightage should be given for early delivery of goods/early completion of works than that
mentioned in the NIT. In case any bidder offers belated delivery/ completion schedule for 2-part
bid, there may be option to pursue the bidder to match the delivery clause/ completion schedule of
NIT, provided same has not been declared in deviation schedule by the bidder. Date of delivery is
to be reckoned as the date of receipt of materials/goods by the consignee. However In case of exworks
basis, the delivery date will be considered as per date of date of consignment note.
39. LIQUIDATED DAMAGE:
The time remains the essence of all major contracts / purchase orders awarded by DVC and all
deliverables under a Purchase Order / Work Order needs to be completed within the contractual
time schedule. Therefore, the provision has been kept in the contract/Purchase Order that in case
of delay in completion, for the reasons attributable to the contractor, Purchaser/owner reserves the
right to recover from the Vendor a sum equivalent to 0.5% of the value of the delayed materials /
work / equipment / spares for each week of delay and part thereof subject to maximum of 5% of
the total value of the contract as Liquidated Damage (LD).
LD is to be ascertained by the Indenting Officer.
In the event of any difficulty in deciding on the imposition of LD at the intermediate stages
(specially in works/turnkey contracts) during execution of any contract provisional time extension
may be granted with the approval of the competent authority as per delegation so that there is no
problem in accepting delayed supply/works. Such provisional time extension shall be without
prejudice to the right of DVC in levying LD and other rights as per terms of the contract.
However, there shall be no restriction in issuing final extension order at any stage of the work
wherever it is possible to do so.
In cases, where the works/supply/services extend beyond the contractual completion
schedule/delivery period and provisional extension order is issued without deciding on the
application of LD, no amount from the RA bill will be withheld in case where adequate retention
payment (over and above SD) remains with DVC as per terms of the contract (10% payment is
retained against supply and erection for turnkey contracts). In absence of such retention,
admissible LD amount as decided by concerned Chief Engineer shall be withheld from their
running bill till final decision on LD is taken.
Paying authority should not deduct the L.D. amount directly as the reasons for delay is not fully
known to them. On receipt of materials/execution of contracts after expiry of scheduled delivery
period/time of completion as per the contract, the Paying Authority should immediately clear the
payment without waiting for formal delivery period / time extension order, withholding (not
deduction) the extent of L.D. amount as applicable and inform the order issuing authority and
indenting officer to resolve/settle the applicability of L.D. clause within a reasonable period
enclosing the Vendor’s appeal if any, thereafter the withheld L.D. amount to be regularized
accordingly.
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Normally the concerned Vendor should make an appeal before expiry of scheduled contractual
period to consignee and order issuing authority mentioning the reasons for delay.
If the delay is attributable to the vendor (can be ascertained as per calculation shown in the
foregoing) as assessed be the order executing authority, LD Clause shall be imposed on the
vendor even if the Corporation has not suffered any demonstrable actual loss for such delay, as it
is a pre-estimated compensation only.
Equipment and materials will be deemed to have been delivered only when all its components,
parts are delivered. If certain components are not delivered in time, the equipment & materials
will be considered as delayed until such time all their parts/ components are delivered.
While finalizing final time extension, if Liquidated Damage is levied in each and every
contract/Purchase Order undergoing delay in completion period, without examining the merit of
the case and the taking relevant aspects into account, such a decision will not only be against the
spirit of the contract/Purchase Order but may not ultimately be in the interest of DVC also. At the
same time, cases involving loss/damages to DVC due to delays by vendor should not be dealt
with leniently. Hence, in order to safeguard the long term and larger interest of DVC, the cases
for imposition of Liquidated Damage need to be dealt with logically and rationally, maintaining
consistency in approach by order executing authority. Accordingly, in the normal course, the
cases of time extension/Liquidated Damage will be dealt with as per guidelines given hereunder.
Every delay has a cost. LD is basically pre-estimated loss to DVC in case of delayed
delivery/delayed completion period of work. Damages, with reference to a contract, in the context
of Liquidated Damage, can be defined as the amount adjudged to be paid by vendor to the owner
as compensation for the loss sustained by the owner in consequence of the breach of contractual
obligations pertaining to time schedule. The fundamental principle underlying the theory of
damages is not punishment but compensation.
In contract / Purchase Order awarded by DVC delay in performance of the contract / Purchase
Order may be on account of one or more of the following:
(i) Reasons attributable to the owner viz. delay in giving approval of submitted drawings, in
sending Inspector to carry out inspection at vendor’s works, in issuing despatch clearance, in
issuance of road permit etc.
(ii) Reasons attributable to “Force Majeure” conditions as defined in the contract / Purchase
Order.
Reasons attributable to the vendor viz., delay in the submission of drawings for approval, in
getting the materials from vendor/vendor’s principal/manufacturer in abroad, in getting the raw
materials etc.
The proposal for time extension and decision on LD shall, accordingly, contain a detailed analysis
by the executing authority indicating reasons & period of delay on each account, as detailed
above, along with documentary evidence thereof to the extent feasible and relevant. Based on the
analysis, the period of delay due to ‘Force Majeure’ and for reasons attributable to DVC shall be
W& P Manual – 2012 Page 66

identified. The idea of the exercise is to find out the net delay, which is attributable to the vendor.
Experience of LD cases dealt with in the past reveals that the all the three types of delay
mentioned above are so much mixed up/intermingled, with one running concurrently with
another, at intermittent stages that it becomes extremely difficult to directly identify the delay
attributable to the vendor. As such, a practicable approach for working out the net delay
attributable to the vendor, as described below, shall be adopted.
i. Total delay that has occurred in a Contract = A
ii Cumulative period of delay on account of “Force Majeure”
iii. Cumulative period of delay on account of DVC
iv. Concurrent cumulative period in (ii) & (iii)
v. Cumulative period of delay on account of “Force Majeure” and = B + C – X
DVC
vi. Net period of delay attributable to the contractor, Z
= B
= C
= X
= A-(B+C-X)
In case the period Z, arrived at as per Para above, is not positive, the time extension, till the actual
completion of the supplies, shall be allowed without any LD.
In case the period Z, arrived at as per Para above is positive, LD will be imposed as per rate
indicated in the Purchase Order.
40. RISK PURCHASE:
The Purchaser reserves the right to purchase the material/spares/ equipment/service & works from
elsewhere at the sole risk and cost of the Vendor and recover all such extra cost incurred by the
Purchaser in procuring the material, services and works contract. The procedure to be followed is
given below.
a) After the expiry of the specified date of delivery/ completion period, a notice should be given to
the vendor for delivering the material/ completion the work immediately.
b) If the vendor fails to deliver the material/ complete the work, a final risk and cost notice is to be
served to the vendor by registered post with A/D, clearly indicating that if he fails to deliver the
materials/ complete the work within 7 days of receipt of the letter, the same shall be outsourced
from other sources at the risk and cost of the vendor. Such letter is to be issued with approval of
TAA.
c) The existing order has to be closed and action to be initiated for procurement / completion of
work &services of the balance items/ portion. While taking such action the defaulting vendor
may be given an opportunity against fresh enquiry/limited tender.
d) If it is found that price has come on the higher side then the difference between the original
price and the new price will be recovered from the vendor.
W& P Manual – 2012 Page 67

e) For the purpose of recovery of the amount, unpaid amount / security deposit/ SD by way of
BG, provided by the vendor will be adjusted first, If there is any balance left to be recovered,
the Vendor should be informed to deposit the money at the earliest.
f) If he fails to deposit the balance amount no further enquiry will be given as per banning
procedure.
g) In case the amount is considerable, legal action may be considered by TAA. However in case
of TAA is Board or Chairman, approval of concerned member shall be obtained.
Alternatively, the Purchaser may short close the Order stating the reason for not resorting to risk
purchase clause with approval of TAA.
In the event of recourse to alternatives as mentioned above, the Purchaser will have the right to
re-purchase the stores or complete the work, to meet urgency in requirement caused by Vendor’s
failure to comply with the schedule of delivery or completion of the work or services irrespective
of the fact whether the materials / equipments/ work/ service are similar or not.
41. REASONABILITY OF PRICES:
The Tender Committee has to assess the reasonableness of the offers. The Tenders with any
condition shall normally be rejected. However, Tenders with conditional rebates/discounts may
be considered, but without taking into account the conditional rebate/discount for the purpose of
evaluation of the bid price. Tender Committee should specifically draw the attention of TAA to
such conditional rebate/discount and to the fact that the evaluated cost of the Tenders is without
considering such rebates/discounts. Tenders with unconditional rebate can be accepted. The
following procedure may be considered for reasonability of rate:
1. Total amount quoted by valid Tenderer should be compared with the estimated cost put to
Tender duly enhanced by cost index, if available, and in absence of related indices, inflation @
6% p.a. or part there off may be considered during the period of preparation of estimate to
opening of the bid.
2. There is no need for preparing justification statement, in case the offered price of lowest
Tender is less than the enhanced estimated cost under sl.No.1 plus (+) 10 % thereof. However,
the acceptance of Tender, remaining provision of Works & Purchase Manual shall apply.
or
3. Reasonability of the rate of Tenders is to be seen and commented upon by the TC. While
accepting Tenders, rates of Tender of similar nature of Works placed within about last 3
months may be referred to. Similar works shall mean similar in nature, quantum, specification
and location in the near vicinity. Variation over market/justified rate upto +5% in total amount
can be ignored.
or
4. In case of urgency, if certified by the user section, variation upto 10% of revised market cost
under Sl.No.3 above may be allowed for recorded reason.
W& P Manual – 2012 Page 68

5. Tenders above the limit of 10% but upto 30% above of revised market cost under Sl.No.2 & 3
above, rate should be approved by Member (Tech.) is required where TAA is CE and above. In
other cases, approval of concerned Director is required.
Tender committee must ensure before submission of its recommendation to the TAA that
verification of documents/ credential of L-1 bidder is completed in all respect.
All the members of TC should furnish the certificate in the tender evaluation report that none of
them as any personal interest in any of the tenderers who have participated.
A responding firm can quote on firm price basis or variable price basis (but not on both), as
mentioned in NIT and each such offer will be considered accordingly. As far as possible, contract
should be entered on “firm price basis”, while contract on variable prices can be considered on
the merit of each case. As a general principle, no offer involving any uncertain or indefinite
liability or any condition of unusual character should be considered.
Whenever offer on variable price is asked, the standard price variation formula along with the
base date should be clearly spelt out in the NIT documents by TIA.
Negotiated prices also may be examined in a similar way. Justifications while making
recommendation to accept higher prices shall be recorded.
42. LACK OF COMPETITION:
Lack of competition exists if the following factors intervene:
a) The number of acceptable offers is less than three;
b) Ring prices have been quoted by all the tenderers (cartel formation);
c) The product of only one manufacturer has been offered by all the tenderers irrespective of the
number of quotations;
d) Store under purchase is chronically in short supply against which number of acceptable offers
never exceeds two.
In case it is observed that there is lack of competition for a particular tender enquiry, time
extension may be given once with the approval of the TIA. If it is found after the extension, that
there is no improvement of the response, normally the tender may be closed and action may be
taken for re-tendering after due analysis by QR committee, for poor response, and if required may
revisit the qualifying requirement. However TIA may permit opening of the bid in case or
urgency and same to be recorded in file.
43. PURCHASE PROPOSAL COVERAGE:
With the above analysis and evaluation of offer received against the enquiry, the Tender
Committee should give a comprehensive purchase proposal / work order proposal along with the
checklist (placed in the Annexure) for acceptance of TAA. All proposals should begin with
relevant facts and information, which is necessary for arriving at prudent decisions. Efforts should
W& P Manual – 2012 Page 69

e made to avoid unnecessary abstracts from quoting while giving purchase proposals/ work
order proposal. The contract proposal should include the following:-
1. Basic data of item/ work contract
a. Description of item/works.
b. Specification / scope of work.
2. Indent / Proposal Particulars
a. Name of the indenter / Proposer of work
b. Indent delivery period / scheduled completion period
c. Date of receipt of indent / proposal.
3. Tender Details
a. Type of tender enquiry
b. Date of tender invitation
c. Date of tender opening
d. Number of offers received i) Offers received in time:
4. Last Contract Price
5. Tolerance Availability
ii) Late offers, if any:
6. Detailed Purchase Proposal / Work Order Proposal
The terms and conditions offered by the firm(s) within the zone of consideration should be clearly
discussed by highlighting those terms and conditions which are at variance with our General
Conditions of Contract (GCC).
44. COVERAGE OF DEMAND IN INDENT:
Before considering the coverage of the indent against the tenders received against the enquiry, the
Tender Committee should examine the possibility of coverage of quantity against the tolerance
clauses in the existing contracts.
Quantity left after Utilization of tolerance clauses should be covered so as to ensures thati)
Contracts are awarded to the tenderers who have the requisite financial, technical and
production capabilities necessary to perform the contract.
ii) The quantities are covered in keeping with the quantitative capacity meeting the delivery
requirement.
W& P Manual – 2012 Page 70

45. CONSIDERATION OF PURCHASE PROPOSAL/WORK ORDER PROPOSAL:
Before recommending or taking decision on a contract proposal, the Tender Committee are
advised to check the comparative/ranking statements of the offers prepared vis-à-vis the tenders
received so as to avoid the possibility of any mistake and examine carefully the following aspects
to ensure that the proposal:
a) Brings out the reliability of the firms whether they are registered with DGS&D/NSIC/, etc., for
the store as per the required specification, date on which they are registered and if
unregistered their capacity/capability based on the report furnished by technical authority,
financial status, etc., as per the departmental rules and regulations.
b) Avoids the tendency to place orders on firms quoting low rates but with poor or no prospect of
supply/ no prospect of completing the work as per the delivery requirements/ completion
schedule of the indent/proposal.
c) Gives due consideration to the price aspect whether firm or variable, and, in the latter case, the
elements affecting the price.
i) Where quotations are invited exclusive of Sales Tax/VAT, the Tender Committee should
keep in view the amount of Excise Duty & Cess / and Sales Tax/VAT wherever the same is
stipulated as an extra item in the tender and is leviable under the law. In working out the
ultimate cost to the indenter, at the time of tender decision, the element of Excise Duty / Ed.
Cess / Sales Tax / VAT should also be taken into consideration.
ii) All purchase proposals should clearly mention whether or not prices quoted in tenders are
inclusive or exclusive of Sales Tax / VAT/ Service Tax. The tender rates reproduced on the
purchase proposals should be followed by the remarks such as “No Sales Tax” or “Sales
Tax / VAT / Service Tax Extra”, and in the latter case the name of the State Sales Tax /
VAT / Sales Tax with the rate thereof based on the firm’s stipulation in tender should be
indicated.
d) Price reasonability to be analyzed for acceptance of the offer by comparing it with LPP/ last
work order value, market price etc.
e) Gives due consideration to the delivery period/ completion schedule offered vis-à-vis the
requirement of the indenter/ proposer.
f) Analyses the past performance of the firm, if they have executed any orders or if they are in
the process of executing any contract(s).
g) While proposing a second order on a firm who has not started supplies/ works against their
earlier order, the total load on the firm should be kept in mind together with their financial
capability as well as the capacity of the firm.
h) Leads to placement of order on firm(s) who have agreed to abide by the Conditions of Contract
and Clauses of Tender Enquiry and that they have not stipulated any abnormal conditions in
their offer (s).
W& P Manual – 2012 Page 71

i) Results in placement of order for the imported stores on F.O.B/F.A.S basis; for any departure,
the proposal is to be condoned by the concerned Director.
j) Leads to placement of import order on Indian Agents enlisted with DGS&D under
Compulsory Enlistment of Indian Agents Scheme of Finance (as per GOI) and that the amount
of agent’s commission, if any, agreed to between the foreign principals and the Indian Agent is
specifically disclosed and the Agency Commission is paid in Indian rupees only.
k) Considers the possibility to secure supplies and after sales service, etc., on reasonable terms,
directly without the involvement of an agent.
46. POST TENDER NEGOTIATIONS:
Negotiations, after opening of tenders, should normally be discouraged. Negotiations vitiate the
sanctity of the tendering system and reduce the credibility of the organisation. Quality becomes
the casualty. Unless some definite evidence is forthcoming to show that the prices/rates received
are unreasonably high, negotiations should not be resorted to at all.
No approval from tender inviting authority may be required in post-bid negotiation with bidder
for seeking techno-commercial clarification (having no financial implication) and additional
data/clarification from the participating bidders when the price bids are yet to be opened.
However, minutes and correspondence related to such clarification shall be placed in the file.
In general, there should not be any price negotiations. Price negotiations if at all shall be an
exception and only in the case of proprietary items or in the case of items with limited source of
supply. Counter offers tantamount to negotiations and should be treated at par with negotiation.
Negotiations can be recommended by Tender Committee in exceptional circumstances only after
due application of mind and recording valid, logical reasons justifying negotiations. In case of
inability to obtain the desired results by way of reduction in rates and negotiations prove
infructuous; satisfactory explanations are required to be recorded by the committee who
recommended the negotiations. The tender committee shall be responsible for lack of application
of mind in case its negotiations have only unnecessarily delayed the award of works/contract. In
case of L 1 backing out there should be retendering.
In the above backdrop, price negotiation with L 1 bidder can be taken up with the approval of one
step superior than the Tender Inviting Authority as per relevant DFP. If the tender inviting
authority is CMM/Plant Chief /Sr. CE/CE/HOD approval for price negotiation with L 1 bidder
may be obtained from them without going to one step superior. In all cases negotiation will be
conducted by respective level based TC.
47. PROCESS ROUTE POST TENDER OPENING:
The process route of any procurement/works related case file is detailed as below:
W& P Manual – 2012 Page 72

TENDER OPENING
TENDER EVALUATION BY TC
(Project)
TAA
AWARD OF CONTRACT
FOR CASES ABOVE RS.
10 CRORES through
concerned Director
TC at HQ
AWARD OF CONTRACT
BOARD/CHN
AWARD OF CONTRACT
48. EXTENSION OF VALIDITY OF OFFERS:
The Tender Committee should make all the efforts to ensure that the contract finalization decision
is taken as early as possible and within the original validity period of the tenders.
The tendency to request the tenderers to extend the period of validity of offers should be avoided.
This is of considerable importance, for, apart from the delay which would invariably occur in
covering the demand, and thereby cause delay in the receipt of stores by the consignee/ delay in
completing a specific work, there is also a risk of the firms refusing to accede to the request for
extension or the firm withdrawing the offers, or extending the offer with revised rates, all of
which might lead to avoidable expenditure.
In cases where seeking extension of the offers becomes inevitable, action should be taken up 8 to
10 days in advance of the expiry of offers and the letter asking for extension should be issued to
the firms at least one week in advance.
The letter seeking extension of offer should be issued under Postal Certificate in order to avoid
any complaints from the firms that they have not received such letters. For this purpose, the
acknowledgement of letters sent under Postal Certificate should be placed in the relevant case
file. Fax/E-mail can also be used for this purpose and relevant documents be placed in the file.
While submitting the purchase proposals / works proposal, it is essential that the date upto which
the offers are open/have been extended should be indicated clearly in the purchase proposals /
works proposal so that the final decision on the purchase proposals/ works proposal is taken at the
appropriate level within the validity period. In cases, where the offers have been extended due to
inescapable reasons, the fact must clearly be stated in the purchase proposal/works proposal as
under:
W& P Manual – 2012 Page 73

“Original validity period of tender expired on………….Tenderers requested to extend the offers
upto……………This is first extension, second extension, third extension etc.”
When purchase proposals / works proposal are submitted after extension of offers, it should be
mentioned therein that such and such firms have not agreed to extend the offers and have not been
taken into consideration, such and such firms have agreed to the extension proposed and
confirmations from such and such firms are yet to be received.
Tenderers whose quotations cannot be considered otherwise for obvious reasons such as
unsatisfactory capacity report, late / delayed tender / technically rejected, should not be requested
for extension of their offers.
All Dealing Officers who are to implement the decision regarding purchase / works /
services should make sure that the decision regarding purchase / works / services as recorded by
the competent authority is clear for taking further action. If there is any doubt, the file should be
put up immediately to the competent authority for clarification.
49. PROPOSAL FOR CONTRACTS & PURCHASE ORDER/ WORK
ORDER:
After the Comparative Statement has been prepared by dealing officer/ generated from
machine and ranking of the techno-commercially accepted bidders are ascertained, the contract
proposal is made in the specified format on the L1 bidder.
NIT complied contract proposal with total financial involvement, after being checked and
recommended by Tender Committee to be placed before TAA.
The Purchase Order / LOA / LOI / WO is to be issued under the signature of concerned Purchase
Officer/Chief Purchase Officer/Chief Materials Manager or the designated authorities as
per relevant DFP.
The purchase order/ LOA / LOI /WO not to be delivered by hand and shall be
invariably despatched by registered post/courier/speed post. However, a copy of the original order
may be delivered by hand to the concerned vendor on request, after the original is despatched.
50. ESTIMATED TIME FOR CONCLUSION OF PURCHASE
ORDER:
Considering pre-tendering, tendering & post tendering activities, the following time frame
has been made for finalization of a purchase order from the date of receiving Indent, complete in
all respects:-
W& P Manual – 2012 Page 74

1. Time Frame for Various Procurement activities, NIT publications date as 0
date.
Sl.
No.
Activities
Open
Tendering
Time Required for
LTE
OEM/OES/
PAC basis
01. Sale/Issue of Tender Papers 30 days 20 days 10 days
02. Techno-commercial part open,
Technical acceptance and
commercial part freezing by Tender
Committee based on the information
submitted by bidders.
03. Open of Price Bids/Scrutiny of Price
Bids, Comparative Statement
preparation
04. Verification of documents of L-1
bidder
18 days 10 days 5 days
10days 10 days 2days
10 days 10 days 10 days
05. Approval of TAA (except Board), in
terms of DFP
2 days 2 days 2 days
06. Placing of Purchase Order 3 days 3 days 3 days
Tentative Total Time Required to
Conclude any Procurement/Work
Proposal
73 days 55
Days
32
Days
W& P Manual – 2012 Page 75

2. Time Frame for Various Procurement activities for Procuring Very High Value
Indents to be placed by Board Approval, NIT publication date as 0 date.
Sl.
No.
Activities
Open
Tendering
Time Required for
LTE
OEM/OES
/PAC basis
01. Sale of Tender Paper & Pre-bid
conference, if required.
30 days 20 days 10 days
02. QR evaluation in case of 4 envelops. 7 days
02. Techno-commercial part open,
Technical acceptance and
commercial part freezing by Tender
Committee based on the information
submitted by bidders.
11 days 10 days 5 days
03. Opening of Price Bids, Scrutiny of 10days 10 days 2days
Price Bids, Comparative Statement
preparation and Purchase Proposal
to be placed by TC.
04 Verification of documents of L-1
bidder
05. TC at HQ (if the proposal processed
from project and TAA is Director &
above)
10 days 10 days 10 days
10 days 10 days 10 days
06 Approval of Secretary / Chairman 2 days 2 days 2 days
07 Board approval (Not considered)
08 Placing of Purchase Order 3 days 3 days 3 days
Tentative Total Time Required to
Conclude any Procurement 83 days 65 days 42days
Proposal
51.
AGREEMENT:
On receipt of a turnkey contract / W.O. / LOA / LOI / AMC for any project / works / services
including any civil works of contract value in excess of Rs. 200,000/- ( Two lakhs only), the
concerned vendor must submit contract agreement (Format to be supplied by DVC) in
non- judicial stamp paper of appropriate value duly filled in all respect to the order issuing
W& P Manual – 2012 Page 76

authority for acceptance before commencement of works / Services and claiming advance amount
if any, as per provisions of the contract.
The said agreement (to be submitted in triplicate) will be duly signed by both authorised
representative of DVC and authorised representative of vender. One such copy of agreement, on
acceptance should be invariably be given to respective head of Accounts department of
plant/field
/ Corporate
offices.
In case of exigencies in respect of AMC/Service Contract, Dir/HOD/Plant Chief / CE may grant
relaxation regarding time frame for submission for contract agreement.
52. FOLLOW-UP/EXPEDITING OF ORDERS AND PAYMENT
PROCESS:
The concerned Purchase Executive/consignee concerned shall be responsible for effective
and timely follow up and expediting with the vendor till all the materials are received and
accepted as per Purchase Order and payment is released to the Vendor within 15 working days
from the date of receipt of materials/invoice in regard to procurement of materials (excluding
Project & Works Contract). Similarly, Concerned Engineer-in-charge shall be responsible for
effective and timely follow up and expediting with the vendor till the entire work/services is
completed/ delivered as per terms of W.O. and payment is released to the Vendor/Contractor
within 15 days from the date of submission of bill in regard to works. The award of
P.O./W.O./LOA/LOI is not the end of any
contract process, rather it is the beginning of a long and complex set of operation in an
effective and time bound manner. It calls for sharing the responsibilities by more than one
department in all stages of contract execution. The contract cell executive / consignee /
Engineer-in-Charge concerned shall be responsible for effective and timely follow up and
expediting with the vendor till the contract is executed in full and accepted by Indenter and full
payment is released to the vendor. Concerned contract executive / Engineer-in-Charge shall
also be responsible for settlement of all discrepancies and disputes that may arise in course
of execution and up to the stage of final payment against each contract. The contract shall be
treated as finally closed after receipt and acceptance of goods/services / completion of work
schedule by the Indenter as per terms of contract and payment made to the vendor in full and
final settlement of all other issues, including release of Security Deposit against Performance
Guarantee as per terms of the contract.
In order to monitor the post contract management and to release payment to
vendors within 15(fifteen) working days from the date of receipt of materials/invoice etc. in
regard to procurement of materials (excluding Project & Works Contract) the following
guidelines may please be considered:
Consignees on receipt of PO/LOA/LOI should follow up at appropriate time with
the supplier/vendor regarding the delivery programme / inspection schedule before
the expiry of stipulated schedule as per the contract.
On expiry of the contract, LD Clause will come into effect automatically unless
the contract is amended with revised delivery period. However, in case delivery effected
W& P Manual – 2012 Page 77

eyond the scheduled delivery period, LD to be imposed on the vendor for the portion of
the delay attributable to him only. This is to be ascertained by the Indenting Officer.
Paying authority should not deduct the L.D. amount directly as the reasons for delay
is not fully known to them. On receipt of materials/execution of contracts after expiry of
scheduled delivery period/time of completion as per the contract, the Paying authority
should immediately clear the payment withholding (not deduction) the extent of
L.D. amount as applicable and inform the order issuing authority and indenting officer
/Engineer-in-Charge to resolve / settle the applicability of L.D. clause within a
reasonable period, enclosing the Vendor’s appeal if any, thereafter the withheld L.D.
amount to be regularized accordingly.
However, request for any amendment for contract in respect of delivery / work
completion schedule from the vendor/indenter to be made with specific reasons to the
contract issuing authority within the tenure of scheduled delivery / completion period.
Indenter / Inspecting Officer is requested to send a copy of inspection report as
carried out as per terms of contract to the order issuing authority along with a copy of
despatch clearance for the same.
Purchase Order should stipulate that bill/invoice to be submitted by the supplier to the
concerned Paying Authority (Accounts) directly along with all necessary documents (e.g.
Test Certificate/Guarantee Certificate / Copy of ED Invoice, if applicable/copy
of
Despatch Clearance / copy of acceptance of SDBG, if any/copy of receipted challan for
materials / documents against F&I Charge etc.) and should submit photocopy of the
bill/invoice to the consignee at the time of delivery of requisite materials.
Immediately on receipt of materials the consignee shall inform the indenter for necessary
inspection (Zero day).
After due inspection the indenter shall ensure that inspection report reaches to
the consignee within 4 working days from zero day.
On receipt of inspection report the consignee shall prepare the stores document (SRIN /
SRB etc.) and ensure that the same along with inspection report and a photocopy of the
invoice reaches to Accounts Office within 4 (four) working days for taking payment action
by Accounts Department.
Accounts Department thereafter shall release payment to the vendor as per Purchase
Order within 7(seven) working days from the date of receipt of documents from Store
Department.
Similarly in case of Advance Payment against procurement of materials, the
supplier shall submit the original Bills/Invoices to the concerned Accounts Office with all
relevant documents as per purchase order and photocopy of invoices to be submitted to
the consignee. The consignee in turn shall issue necessary payment clearance to
Accounts in consultation with indenter within 3 (three) working days. Thereafter
Accounts will release the advance payment within 2 (two) working days of receipt
of payment clearance from the consignee.
W& P Manual – 2012 Page 78

In case of belated delivery Accounts Office should pass the bill withholding admissible
Liquidated Damage (LD) amount as per Purchase Order clause without waiting
for formal delivery date extension order. Accounts Officer should immediately intimate
the Order Issuing Authority for issuance of formal Delivery Date Extension
Order with/without imposition of LD Clause.
Accounts should prepare a monthly report on the overdue Bills / Invoices at the end of
each month due to non-receipt of corresponding SRIN / SRB or any other document
required indicating details thereof and to be submitted to CMM with copies thereof to
Director (Accounts), Member(Secretary/Tech) and Chairman for their information.
However, in order to release payment to the contractor within 15 working days from
the date of submission of bills in regard to works relating to T&D Projects Contract on
E.P.C.
/ Turnkey basis, the following procedure and time frame shall be followed.
Submission of bill in triplicate with all documents as per PO/WO by the Contractor to
the
Site-in-charge. (Zero
date).
The site-in-charge will go through the documents submitted by the Contractor both for
supply and erection as per checklist detailed below and submit the bills after necessary
certification to the Divisional Engineer within 7 (seven) working days.
The Divisional Engineer will check the documents and issue pass order and send
the bills to concerned Accounts office for making payments within 3 (three) working
days.
Concerned Accounts will process the bill and release payment to the Contractor within
5 (five) working days.
CHECK LIST :
A. Supply Payment :
A.1 Advance Payment
:
Unconditional acceptance of
LOA/LOI/PO/WO. Submission and
acceptance of SDBG.
Submission and acceptance of Bank Guarantee of equivalent amount against
the advance payment.
Submission and approval of Bar Chart. A.2
W& P Manual – 2012 Page 79

Payment against dispatch documents:
Evidence of despatch (R/R or receipted
LR).
Detailed invoice and detailed packing list identifying content of each
consignment. Manufacturer’s/contractor’s guarantee certificate of quality.
Test certificate.
Material inspection report and/or despatch clearance
certificate. Insurance policy/certificate.
A.3 Payment against consignment after receipt of material at site
A.3.1 Certificate to be issued by Site-in-charge :
a) Physically verified and materials found to be received in full and good
condition. b) Materials entered in page no… Vol. …. of stock ledger.
A.3.2 CRMI issued with cross-reference of stock
ledger. A.4 Retention money:
Recovery towards LD, if any.
Successful commissioning and taking over certificate.
Certification towards submission of all drawings, manuals, reproducible etc.
A.5 Erection Payment :
The existing procedure of payment through RA bill after entering the work done in
the measurement book (MB) will continue to remain in vogue.
N.B.
1) In case of delayed execution of work, payment against running bill (both supply
and erection) will not be withheld for want of Provisional/formal extension order.
2) EFP compliance certificate will normally be furnished in the succeeding month(s)
and shall not be delayed beyond 6 (six) months.
3) For minor discrepancies, entire payment will not be withheld.
In order to release payment to contractor within 15 (fifteen) days from the date of
submission of bill in regard to work relating to Project Contract on EPC/Turnkey
basis with stage wise payment terms with immediate effect. For adhering to the above
schedule, the following procedure and time frame shall be followed:
Bill for stage payment to be submitted by the contractor in quadruplicate with all
relevant document to Engineer/in/Charge directly.
Engineer-in-Charge on receipt of the bill will forward the same to the concerned site
engineer for necessary verification and certification in respect of completion of the stages of the
work for which the bill has been preferred and also sent one copy to EPF cell for verifications
and certification of EPF declaration submitted by the Contractor (zero date).
W& P Manual – 2012 Page 80

EPF cell with check and certify the EPF declaration within 5(five) working days from the
zero date and return the same to Engineer-in-Charge.
The concerned site Engineer will check and certify on the bill within 7(seven) working
days from the zero date.
On receipt of the verified bill, Engineer-in-Charge shall ensure that the pass order along with
the bill and other relevant documents reaches to Accounts Office within 3(three) working days
for taking payment action by Accounts Department.
Accounts Department shall release payment to the contractor as per terms and conditions
of
Work Order/Contract within 5(five) working days.
In case of advance payment, the contractor shall submit the bill to the Engineer-in-Charge
with all relevant documents as per work order including SDBG and BG of equivalent amount of
advance. The Engineer-in-Charge in turn shall issue necessary payment clearance to Account
Department after acceptance of SDBG and BG against advance within 3(three) working days.
Thereafter, Accounts will release the advance payment within 2(two) working days of receipt of
payment clearance from the Engineer-in-Charge.
In case of delayed execution of work, Accounts Office should pass the bill
withholding admissible Liquidated Damage (LD) amount as per the Work Order/Contract
without waiting for format time extension order except where the extension of time has already
been granted for non-imposition of LD by the Competent Authority. Thereafter, Accounts
Officer should immediately intimate the Engineer-in-Charge for issuance of format extension of
time with/without imposition of LD Clause.
Accounts Department should prepare a monthly report of the overdue bills at the end of
each month due to non-receipt of documents, clarification require indicating details thereof and
to be submitted to concerned Project Head with copies thereof to Member (Finance).
However, the above payment procedure will not be applicable for item rate contract and
the existing system in this regard will continue.
N.B: EPF compliance certificate will normally be furnished in the succeeding month.
However, in no case, the compliance shall be delayed beyond 6(six) months.
53. TOLERANCE IN PURCHASE ORDER
QUANTITY:
The suppliers are expected to deliver exact quantities of material as specified in the Purchase
Order/turnkey contracts. But wherever quantities are in Weights, volumes or in lengths, there may
be cases where the supplier has made supplies in excess or short. If any tolerance has not been
incorporated in the Purchase Order/work order/turnkey contract then ± 5% of the order
value should be considered as the tolerance limit and the Purchase Order/work order/turnkey
contract shall automatically be treated as amended to that extent.
54. PRE-DISPATCH INSPECTION (PDI), RECEIPT OF MATERIAL,
ETC:
PDI Clause for a particular tender/enquiry to be incorporated, if felt necessary, by the indenter.
W& P Manual – 2012 Page 81

Once it is incorporated in the purchase order/contract, it should not be waived in the
normal course by way of amendment. However in case of extreme exigencies, PDI can be
waived by the Chief Engineer on the basis of appropriate justification by the order issuing
Authority.
If a PO/LOI/LOA incorporates PDI, Inspection Engineer will carry out the relevant
tests/inspection as per relevant standard at vendor’s works. After successful testing/inspection,
despatch clearance is to be issued by the Inspecting Engineer as per format incorporated in this
manual. For this purpose, Inspection Engineer may contact his superior over telephone/fax, if
needed for issuance of despatch clearance.
Before proceeding for inspection at vendor’s works, the Inspection Engineer should contact the
vendor with the help of consignee via phone/fax to know the exact number of way
bills/road permit required to despatch the materials. Consignee should hand over the required
number of road permits/way bills to the Inspection Engineer before he leaves for PDI. The
Inspector should hand over the way bills/Road Permits to the vendor along with dispatch
clearance. Responsibility for providing the requisite number of road permits/way bills to the
Inspection Engineer before leaving for inspection lies with the concerned consignee.
Paying Authority should not insist for extension of submitted BG, if needed, due to late receipt of
the materials /delayed completion of works. The same should be taken care of by the
Order Issuing Authority within the validity period of the submitted BG.
Where PDI Clause has not been incorporated in the PO/contract, consignee would send the Road
Permit/ Way Bill as per the written request of the vendor. He would check the mode of
despatch and the Insurance Cover being taken. After receipt of the materials at stores,
consignee will arrange for site inspection by calling the Indenting Officer by sending an arrival
report.
Consignee would send all the relevant documents to the concerned Accounts Office for checking,
verifying and passing of the bills for payments to the vendor. The Accounts Office would see
all the relevant documents and in case of discrepancy found as per Purchase Order/work order
shall seek clarification before releasing the payment. Consignee/ Indenter would also send the
copies of site inspection reports/PDI reports to the purchase order issuing authority.
55. PAYMENT
TERM:
a) General payment
term:-
The normal payment term of DVC for supply order is ‘100% payment with full taxes &
duties will be made within 15 working days of receipt of material at site and inspection &
acceptance thereof’ or within 15 (fifteen) working days of submission of invoice
whichever is later. However, payment terms for POs placed directly on manufacturer may also
be done as below:
90% of the ordered value to be paid against despatch documents through bank subject to
acceptance of SDBG, if applicable. Balance 10% of the ordered value to be paid after receipt of
materials at site and acceptance thereof.
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Provision of part payment against part supply of consignment at consignee’s end may be
incorporated in Purchase order on the merit of the case (only if the part consignment can be used
independently), provided necessary stipulation is made in the bid document.
The payment terms for works/service contract may be regulated as
below:
90% of contract price for works/service contract against RA bills. This also includes initial
advance, if any and remaining 10% after completion of the contract.
b) Payment for Turnkey
contracts:-
The payment terms for supply and erection & commissioning for any Turnkey contracts may be
regulated as follows:
1) Supply portion
only:
70% of the Ex-works price /ordered value of supply (of bough tout items) with full taxes
and duties as applicable after adjustment of advance, if any, will be paid against proof of
despatch (viz. R/R, L/R) , detailed invoice / packing list, warranty certificate, test certificate,
insurance policy / certificate, dispatch clearance. 20%of the Ex-works price / order value of
supply (in case of bought out items) after receipt of the materials and inspection and acceptance
at site. However, for spares, balance 30% shall be paid after receipt of materials and
inspection & acceptance at site.
Remaining 10% after complete erection and commissioning & testing and handing
over.
2) Erection &
Commissioning:
90% of contract price for Erection & commissioning to be made against RA bills. This also
includes initial advance, if any. Remaining 10% after complete erection and commissioning &
testing and handing over.
c) Advance Payment:
-
I) Mobilization
advance:
Advance payment is normally discouraged. In exceptional circumstances, interest-bearing
advance to the extent of 10% of contract price may be given against submission of a BG taken
towards security of the advance should be atleast 110% of advance so as to recovery of not only
principal amount but also interest portion if so required.
The BG wherever applicable should be valid upto the date of completion of works/supply and
acceptance thereof.
W& P Manual – 2012 Page 83

Advance should not be paid in less than two installments except in special circumstances for that
reasons to be recorded.
A clause in the tender enquiry to be incorporated that the interest free advance would be
deemed as interest bearing advance at a Bsae rate of SBI plus 3.5% if the contract is terminated
due to default of the contractor. However rate of interest should be applied for calculation of
interest on the advance amount in reset basis (i.e. not fixed rate of interest, it may go on changing
during the period of advance remain unadjusted) based on the change of base rate time to time.
Advance should be recovered within the original completion
time.
II) Other advance: provision for 100% advance (interest free) without submission of BG may
also be allowed in dealing with procurement on single tender basis from CPSU/Govt. controlled
autonomous Organisation / Universities / Laboratories/ Reputed Private Manufacturer as OEM
etc.
Specific examples are:
—
a) Procurement of LDO/FO/HSD/Motor Spirit/Lubricants & Greases from CPSUs
like
IOC/HPCL/BPCL
.
b) Procurement of Steel from CPSUs like SAIL, IISCO, RINL
etc.
c) Procurement of Vehicles from Tata Motors, Hindusthan Motors, Maruti Udyog, Hero
Hondo, Bajaj, Enfield etc.
d) Testing/consultancy & other services from CPSUs like CMERI, CMRI, CPRI CFRI,
NTPC, IIT’s, IIM’s, NPC,BSNL etc. and
e) OEM’s who do not sell their product without
advance.
Where a claim of Sales Tax/VAT is preferred and admitted, the supplier must satisfy that he is a
registered dealer under the Sales Tax Act and possesses a Certificate of Registration in the firms
name in which the supply is made and shall in proof thereof, while submitting bills for payment,
furnish the, number, date and other particulars of such certificate.
For materials which are ordered on weights/ volume, the payment should be as per
measurement at DVC’s stores / sites irrespective of the quantity mentioned in the challans /
documents, unless there is explicit provision in the Purchase Order/contracts. If there is 3 rd party
inspection, in the above cases, 3 rd party inspection charges would be as per Weight/ Volume
received at DVC end. The statutory charges and duties, however, have to be paid on actuals as per
documents received from the vendor.
The contractor/vendor shall furnish the following certificate to the Paying Authority along
with each invoice/bill against payment for supplies made against any supply order/RC with
W& P Manual – 2012 Page 84

longer completion period (more than a year), if the same is placed on firm price basis. ‘I / we
certify that there has been no reduction in the sale price of the stores of description identical to
this item, supplied to any person/organization and such stores have not been offered/sold by
me/us to any person/organization at a price lower than the price charged under this contract up
to the date of this bill.’
56. A. ADOPTION PROCEDURE OF VENDORS FOR PURCHASE OF
MEDICINE:
In State Govt. Departments, DGS&D and Central Govt. Health Service Department, vendors are
registered with the approved rate of supplies following tendering route. In such cases, DVC may
issue order on such vendors at the approved rate, terms and conditions as accepted by the said
department subject to the following:
i) Consent of the vendor is to be
obtained.
ii) The documents related to the vendor including rate as accepted by such State Govt. Deptts. /
DGS&D / CGHS duly authenticated by the competent authority of the respective
department are to be obtained.
iii)A Certificate is required to be furnished by the Indentor that there is no downward trend
in prices since the time of Purchase Order / Work Order placed by the
aforementioned department while sending proposal for placement of order on such approved
vendor at the accepted rate of the department.
The power for approval in respect of above rests with respective MS/M.O. I/C / DHS as the case
may be.
B. ADOPTION PROCEDURE FOR PURCHASE OF MEDICINE FROM GMSD(Govt.
Medical Store Depot)
a) Approval from the competent authority for procurement.
b) Only those items which are listed in the Vocabulary of Medical
store(VMS) as announced from time to time will be procured. DVC would register
itself as an indenter for placing indents online.
c) Procurement will be made on a system of advance payment (cost of medicine + 30%
of the cost as transit charges) before delivery of stores.
d) On line placement of indent will be made twice in a year and the representative will
be nominated according to the level of committee as stipulated in W&P
Manual,2012
e) Delivery of medicine will be at CMS(Central Medical Stores), Maithon.
W& P Manual – 2012 Page 85

f) Respective Hospital will collect the same as per their indent/requirement.
g) Medicines for checking and testing - Medicines supplied by the GMSD are tested
by the Govt.agencies. If there is any adverse report regarding deficiencies of any
medicine, DHS will reserve the right to carry out testing from any independent
agency of repute.
57. ON
IMPORTS:
1.(A) Generally, Enquiry will be issued on single Tender proprietary/(OEM)/ Standard
Source basis provided that the indenter has enclosed a certificate in this regard as per format
along with the indent.
(B) The enquiry should contain the full specification of the materials, other terms
and conditions in details to avoid confusion/litigation afterwards.
2. The offer basis shall be FOB/FCA/FAS/C&F/CIF port of
shipment.
3. (A) The prices shall be in any freely convertible currency such as dollar, Euro, Japanese Yen,
Swedish Kroner, Swiss Frank, Pound Sterling, Singapore Dollar etc.
(B) The price should be quoted in rupee if the offer is submitted by the Indian Agent of
the foreign supplier/manufacturer.
4. The prices shall be firm and free from all corrections. The price list of OEM of foreign
origin may be downloaded from the net, if it is available. Otherwise Indian agent may be
requested to provide the same, duly signed and stamped.
5. The offer shall be valid for 180 days or as decided by TIA from the date of bid opening.
6. Quotation shall be submitted in English Language only.
7. Delivery period shall be firm and clearly indicated in the quotation and there must not be any
ambiguity to facilitate opening of LC for a definite period, which is required under the rule. In
case of urgency early deliveries may be requested.
8. Packing shall be transport worthy to ensure safe delivery considering the nature of goods.
9. Name of foreign advising banker, country of origin, port of shipment/ customs airport/Land
Customs Station (as the case may be) should be indicated in the quotation.
10. It is advised that the importations should preferably be made directly from the
overseas manufacturers. Either the Indian agent on behalf of foreign principal or the foreign
principal himself may take part in the bidding process but not both.
W& P Manual – 2012 Page 86

11. (a) The Indian Agent will be accepted if and only if they are registered in DGS&D. Indian
Agency Commission, if any, payable by DVC shall invariably be included in the
FOB/FCA/FAS Price. Percentage of commission shall be clearly mentioned along
with the name and address of Indian Agent. A copy of agreement with the Indian Agent
along
with the DGS&D enlistment certificate to be furnished along with the quotation and, if,
Indian Agent commission is not involved; foreign supplier should furnish “No
Indian Agent Commission” Certificate.
(b) In case Indian agent of the OEM supplier, insist on placing PO on another subagent
for execution of the order, it has to be ensured that the said subagent is authorized by
OEM.
12. Party shall have to furnish ‘proprietary certificate’ in line with existing PAC & PRC format.
13.(a) The Purchase Order should clearly mention about the requirement of documents
incorporating the updated requirements therein such as, BG/Pre-despatch Inspection
Certificate/ country of origin etc. to be furnished by the Exporter to the Foreign Bank for
releasing payment.
(b) It should be clearly mentioned as to who will bear the cost of opening and maintenance of
LC in Indian Bank as well as in the concerned foreign bank to avoid
confusion. (c) In case of importation the following payment terms may be
considered:
100% of FOB price less Indian Agency Commission in Rs, if any, shall be paid against
presentation of shipping documents as called for in the purchase order through irrevocable
LC.
The full Indian Agency Commission, if any in INR, shall be released to the Indian
Agent, within 30 days of receipt and acceptance of materials at the consignees end.
14. The letter of credit shall not allow partial shipments or transhipment normally.
The evaluation/computation of the total value of the offer may be made as per the following.
(i) F.O.B. Value
: In dollar or in any foreign currency
+ (ii) Packing Charges, if any : In dollar or in any foreign currency
+ (iii)Freight Charges : In dollar or in any foreign currency/or in Indian currency
+ (iv) Services charges, if any, : In dollar or in any foreign
currency to canalising agency
+ (v) Insurance Charges : In dollar or in any foreign currency/or in Indian currency
(vi)Total CIF price (i + ii + iii +iv +v) = In dollar or in any foreign currency/or in Indian currency
~ Rupees (converting in Rupee in the rate of exchange as notified by GOI as per Section
14(3)(a)(1) of Customs Act. Exchange Rate as on the bid opening date is to be considered and to
be mentioned in the NIT.
W& P Manual – 2012 Page 87

Note:
(vii)Landing Charges at appropriate %
clearance. (viii)Assessable value
: As applicable at the time of
: (vi + vii)
(ix)Concessional Custom Duty/Customs Duty(i.e. Basic Duty) at appropriate % on (viii)
: (x)Counter Veiling Duty (CVD), if any, in appropriate % on{ (viii) + (ix)} :
(xi) Special Additional duty, if any, in appropriate % on (viii +ix +
x) : (xii) Total of above : (viii + ix + x + xi)
(xiii) Clearing & Forwarding Charges @ as applicable on CIF
prices indicating Inland transportation charge up to consignee
site. :
(xiv) LC opening charge in India:
(xv) Airport/Sea port charges as per their tariff:
(xvi) FOR Destination price = (xii + xiii + xiv + xv):
a) If any of the item detailed at (ii), (iii), (iv), (v) or (vi) is to be paid in rupees that should be
computed accordingly.
b) Landing Charges rate is 1% of CIF value at present or as applicable at the time of clearance.
c) If insurance cost is not known, it should be taken as 1.125% of FOB price for the purpose of
assessment of customs value. Insurance charged paid on CIF value is only includable not
on any other charges including customs duty.
d) CVD (Counter Veiling Duty) will be equal to the excise duty payable if such goods are
produced/ manufactured in India.
58.ANNUAL MAINTENANCE/ RATE CONTRACTS (AMC/ ARC) FOR
CIVIL/ELECTRICAL/ MECHANICAL /C&I WORKS AND RATE CONTRACTS:
1. Annual maintenance work should be planned well in advance for different areas. If such works
cannot be undertaken through departmental employees then a proper assessment should
be made, estimates made, possibility of giving work front etc. checked and then with the
administrative approval of tender inviting authority, NIT may be issued
through Newspapers/websites or limited tenders may be invited from firms depending on
departmental estimates companies having requisite technical, financial, personnel resources.
Annual Maintenance Contract for any works/service contracts to a particular firm or company
should be for one year/two year at a time and subsequently fresh tendering action should
be taken well in advance. In the event, fresh contract cannot be concluded in time and contract
is considered essential for the purpose of operation then approval of extension may be obtained
from the original approving authority for one more year and no further extension beyond this is
desirable.
W& P Manual – 2012 Page 88

Annual Maintenance Contract for any works/service contracts to OEM/OES may be for five
year at a time wi t h PV i f an y s u bject to ap pro val o f c once rned Director
a n d in c a se o f T A A i s B oard/ C hairman , a p p r o val o f c o ncer ned Me mb er
s ha l l be o b ta i n e d.
However in case of hiring of vehicle, period of contract with suitable PV clause may
be considered for initially 3 years and followed by one / two year extension depending on the
performance but total extension not more than 2 years.
Site Maintenance contracts may be entered into rate contract after finalising the detailed Job
specification/description. For working out the security deposit, where the contract is extended
more than one year, if the contractor has submitted BG for Security Deposit cum performance
guarantee, the same is required to get extended accordingly. Alternatively the contractor may
submit a new BG and the earlier BG may be released.
The contracts for transport would be a service contract and not to be termed as Works Contract.
The Public Sector undertakings if awarded such contracts would be required to work
as
Contractors and if sub-contractors are engaged after obtaining of approval of TIA.
The
payments to contractors would be released after proper verification of documents, both by the
indenting department and the Accounts.
2. Identification of items to be covered under the Rate Contract.
(a) Items whose requirements are continuous throughout the year and holding of high inventory
level for a long period may not be feasible to optimize inventory cost, shall be covered under
Rate Contract.
(b) Items like Reinforcement Steel, Cement, Office stationeries, Chemicals, Lubricants, Petrol &
Diesel, G.I. Pipes, Medicines, Transportation Welding Electrodes, Packing (both Metallic and
Non-Metallic), Fastens, Hand Tools, Cutting Tools and Abrasives, Surface Coating Materials
(Paints etc), Bearings &Accessories, V Belts, Lab. Chemicals, Office Furniture, Guest House
Furniture, Switches, Plug Tops and Misc. similar materials, lamps, florescent Tubes, Fuses etc
etc. may be brought under Rate Contract. This list is only exemplary and not exhaustive
and
many more items can be considered for rate contract like Conveyor Belts,
Personal
Computers, and structural Steel
etc.
(c) Indents complete in all respect of item for the requisitioning department shall reach
the procurement section well in advance.
(d) After receipt of indents, a tender committee comprising representatives of
Purchase/Technical Section/TIA, Finance & User Department will decide and finalize the
items for which Rate Contract to be made. The same is to be approved by CMM/Station
Chief/CE. After deciding the items for which RC to be made, sources of procurement
may be standardized using methodology described earlier.
W& P Manual – 2012 Page 89

PROCEDURE FOR RATE
CONTRACT:
(a) The items which are borne on DGS&D Rate or Running Contract may be purchased
through the DGS&D Stores of standard type, other than those required in small quantities
only, which are in common and regular demand and the prices of which are not subject
to appreciable market fluctuations. The CMM shall arrange to obtain the latest copies of all
the Rate/Running Contract from the DGS&D from time to time.
The CMM may be declared as Direct Demanding Officers for various rate contracts
finalised by the DGS&D keeping in view the requirement, budget availability.
On receipt of the consolidated requirements from the various Indenting Officers the
CMM
shall examine if the materials in question are borne on DGS&D Rate
Contract.
In case of items on Rate Contract, CMM shall take necessary action for placing the
supply orders through form -86for specific requirement directly to DG&SD with 100%
advance in DD form plus applicable administrative charges.
b) In case of single source rate contract, offer may be asked from the party and based on the
offer, the rate contract may be finalised after negotiations, if felt necessary, on the prices and
terms and conditions with the approval as per DFP and laid down procedure of
negotiation as discussed earlier.
c) Before finalisation of rate contract, other projects shall also be contacted / consulted to share
information regarding prices etc. and performance of the vendors.
d) Rate contract may be finalized generally for a period of one/ two year and the same may be
extended for another year at the discretion of TAA with justification of such extension to be
recorded in writing. However, in case of some spares to be decided by the Plant Chiefs,
the rate contract may be done for three years without any provisions of further extension of
the contract beyond three years. While making such rate contract for three years
adequate measures like variable price etc. may be adopted to take care of the fluctuation in
market price. The rate contract should clearly specify the monetary limit as well.
e) Copies of rate contracts shall be sent to other projects for their information and finalisation
of rate contracts, if any. One more copy of the rate contract shall also be sent to
Corporate Materials Management and published in DVC website.
W& P Manual – 2012 Page 90

f) Approval and other guidelines for finalisation of rate contracts will be as per approved purchase
procedure. The Direct Demanding Officers (DDO) as mentioned in RC shall issue supply order
directly to the vendor as per terms & conditions of RC after ensuring fund provision and
keeping supply order quantity within his demand placed before RC Issuing Authority.
g) In order to widen the base of the supplier /contractor for determining qualifying technical
requirement, the average quarterly projected quantity requirement of all the projects ( instead
of the total quantity of all the projects) may be considered by TIA.
h) The supplier thus qualified and L1 may or may not be able to meet the quantity requirement of
other bigger projects. In order to overcome the difficulties for supplying higher quantity to a
project the bidder who is capable of supplying the same may be considered provided he
matches the L1 price but the same may be clearly spelt out in NIT.
i) To have reliable and assured supply, the TIA may decide the splitting of the total quantity
between two or three parties provided they match L1 price. While doing so, first preference
will be given to L2, then L3 and so on. The L1 party should get not less than 60% requirement
of any plant. Balance quantity may be distributed suitably. The split ratio of the quantity to be
ordered is to be decided by TIA and be incorporated in the NIT.
j) The contractor shall furnish the following certificate to the Paying Authority along with each
invoice/bill against payment for supplies made against the rate contract/any supply order with
longer completion period (more than a year), if the same is placed on firm price basis.
‘I/We certify that there has been no reduction in sale price of the stores of description identical
to the stores supplied to the Govt. under the contract herein and such stores have not been
offered/sold by me/us to any person/organization including the purchaser or any Deptt. of the
Central or State Govt. or any statutory undertaking of the Central or State Govt. or as the case
may be upto the date of bill / the date of completion of supplies against all supply order placed
during the currency of the rate contract at a price lower than the price charged to the
Government under the contract.’
l) The concerned dealing Officer at the same time will check the market price for the subject item
from Newspapers/Journals/Website etc. as to whether there has been any fall in price during
the period of contract and an appropriate action to be initiated accordingly to safeguard the
interest of the Corporation. Necessary price fall clause should be part of special condition of
contract (SCC).
m) In case, the TIA apprehends poor response from the prospective vendors for Rate Contract on
firm price basis because of volatile market condition, then the offer may be asked on variable
price basis but not with both i.e. not with firm price and variable price basis simultaneously.
“The price basis” as decided by TIA is to be clearly mentioned in the NIT document itself.
n) In case variable price basis is preferred by TIA in order to get adequate response as per
prevailing market conditions, the NIT document should specify the applicable PV formula,
base date and with/without ceiling limit. In that case, bids are to be evaluated without loading
the ceiling limit, if any. However, any ceiling limit, if TIA specifically spells out in the bid
W& P Manual – 2012 Page 91

document, will be used for the purpose of payment only. The payment of variable component
as calculated on the basis of PV formula will be made on actuals but limited to ceiling limit, if
any. If the bids are received with “price basis” not as per NIT, the same should be treated as
“deviation” in commercials terms and to be dealt accordingly. Offer may be rejected for noncompliance
of above provided necessary stipulations in this regard has been made in the NIT.
The following may also be noted while dealing with procurement of critical items/spares:
a. Certain critical items/spares as decided by plant chief /CE/ SR.CE may be procured from
OEM/OES only.
b. Certain other critical items/spares may be procured from reputed/standard vendors after
declaring them as ‘standard source of procurement’ as per source standardization certificate
issued by station chief/HOD/SR.CE.
c. If a firm does not produce letter from authorized signatory of OEM stating that they are the
sole authorized dealer, STE on behalf of OEM cannot be given to them.
d. All endeavours shall be made to obtain the sources with the rates for bought out items from
Turnkey Contractors before finalization of the order so that sourcing of spares etc. may be
facilitated during post order stage.
59. Award of Contract on nomination basis:
1. The award of contract on single tender basis to the following cases as per DFP shall not come
within the meaning of award of contract on nomination basis.
(a)
(b)
(c)
Single Tender on OES / OEM
Single Tender on single source certificate (PAC)
Single Tender on grounds of emergency
Award of contract on single tender basis on any ground other than above as per DFP shall
come within the meaning of "award of contract on nomination basis"
2. The work / procurement which are of routine type, repetitive or frequent or foreseeable in
nature, shall generally be attended through Annual Maintenance Contract (AMC) / Annual
Rate Contract (ARC) to be kept in hand for such type of work by the process of open tender /
limited tender system as per delegation in DFP.
3. Where there is no AMC / ARC under which a particular work can be taken up and is required
to be taken up on single tender basis on ground of urgency, the concerned executive (to whom
power has been delegated) below the rank of Plant Chief / Chief Engineer shall obtain prior
administrative approval of the work (to be taken up on urgency on single tender basis) from
the Plant Chief / Chief Engineer. In case of Plant Chief / Chief Engineer and above, the prior
administrative approval of the work shall be obtained from next higher authority. If approving
authority is out of station, he should be contacted over telephone / cell phone and verbal
W& P Manual – 2012 Page 92

concurrence thereof to be taken which should be followed by confirmation of approval in
writing at the earliest opportunity.
4. The proposal for obtaining administrative approval is to be moved with relevant information in
the prescribed format (as per Annexure – A & B, as applicable). Urgency of the work shall be
clearly spelt out in the proposal
5. The work order/ LOI / LOA are to be issued immediately preferably before commencement of
work. If for any cogent reason, it is not possible to issue the LOA before commencement of
work, the LOI must be issued. Confirmatory LOA must be placed within 15 days of LOI
issued. The work having value less than Rs. 15,000/-, may be taken up on urgency on single
tender basis as usual and is being kept out of the purview of the above policy. Such small
valued work shall not come within the meaning of award of contract on nomination basis.
However, efforts shall be made to minimize such cases by well planned AMC / ARC.
6. Award of all contracts on nomination basis (falling within the meaning as per above policy)
shall be posted on the Web- site ex post-facto.
7. Single tender on ground of urgency wherever has appeared in the Delegation of Financial
Power shall be exercised in terms of above paras.
8. Prior concurrence of Finance in all cases to be obtained. However, in case of award of work in
extreme urgency without finance consultation, post facto concurrence to be obtained within a
week.
9. The summary of all works awarded on nomination basis as well as awarded on single tender basis
on the ground of emergency shall be placed before the Member (T)/ (secretary) quarterly. , All
Plant Chiefs/Chief Engineers are required to send the summary of all works awarded on
nomination basis as well as on single tender basis on ground of emergency by 10 th of every quarter
to the Additional Secretary, DVC positively for onward information to Board. This is in
compliance with CVO guideline.
ANNEXURE-A
PROFORMA
(award of work on single tender basis without calling Tender in case of urgency)
1. Description of work -
2. Nature of work -
3. Justification of selection of Vendor -
4. Urgency justification -
5. If work is not executed, the impact Thereof -
6. Justification for execution of work through outside agency -
7. Frequency of this work (Monthly/Half yearly/yearly basis) -
8. Expected time of completion -
9. Financial involvement as per Requirement of manpower
(Skilled/Semi-skilled/Unskilled) with associated tools,
W& P Manual – 2012 Page 93

tackles & consumables etc.) -
10. Basis of rate reasonability/ cost Justification -
11. Observation of Finance -
Initiated by Recommended by Approved by
ANNEXURE-B
PROFORMA
(Procurement of materials on single tender basis without calling tender in case of urgency)
1. Name of materials with specification, Make, etc.
2. Nature of material (Consumable/Normal/Stand by spares)
3. Justification for technical suitability of particular make or specification.
4. Present stock position (including site/floor store)
5. Position of pending order under execution, if any
6. Requirement of materials &expected period of use
7. Urgency justification of materials
8. Frequency of requirement of Materials (on Monthly/Half Yearly/yearly)
9. Justification of selection of Vendor
10. Justification of price Reasonability
11. Details of last Purchase Order Quantity as well as price
12. Observation of Finance
Initiated by Recommended by Approved by
60. PUBLISHING OF SUMMARY ON AWARDS OF CONTRACTS/ PURCHASE
ORDER:
Specific timeliness for each step under different tendering procedures is specified. Reasons must
be given to the approving authority at the award stage for any deviations from the timeliness.
A summary of deviations and reasons thereof from the timeliness be submitted to the Member
(Tech/Secretary) by respective order issuing authority/ department. DVC will submit a brief on
deviations, if any and actions taken on the same in their QPR in the ministry.
After the award of contract, the name of successful bidders be uploaded in the DVC Website
within a week.
W& P Manual – 2012 Page 94

All concerned official /authorities are required to ensure hosting of the Summary of awards of all
Contracts and Purchase orders placed through LTE/OTE having threshold value of Rs. 5 lakhs
and above. The summary has to be prepared in the prescribed format and should be sent before 7 th
of following month to IT cell, DVC Towers to host the same in DVC Portal.
W& P Manual – 2012 Page 95

PART-II : VENDOR REGISTRATION
1.0 INTRODUCTION:
D V C, as a whole, believes in quality at all stages of activities. During construction as well as in
operation/maintenance phase of D V C power stations, quite a large number of items are required.
For quality procurement and to get the services of reliable& able vendors, identification of quality
sources is needed. This necessitates enlistment of suppliers /vendors for works &services and
called as “VENDOR REGISTRATION”.
1.1 OBJECTIVE:
The objective of these policy guidelines for vendor registration is to standardize this activity for
the various power stations and other authorities within D V C.
1.2 IDENTIFICATION OF ITEMS AND CLASSIFICATION OF DIFFERENT
WORKS/ SERVICES FOR REGISTRATION :
The identification and categorization of the items/works/services shall be done based on items in
case of supplies and nature of job in case of works and services.
In addition to the reliable and proven sources for supplies and for works& services who have
already been enlisted, the possibilities should be further explored on a continuous basis to identify
efficient vendors in the market. For this purpose the format has been hosted in the DVC website.
However advertising will also be made in the local news papers.
As the application is being done online no registration fee is required.
The parties who have met our NIT requirement against our open tender advertisement for
procurement of specified items or for execution of works& services will be registered as vendor
subject to submission of the registration form along with their credential. In this regard a specific
clause shall be incorporated in all open tender advertisement like “Vendors, who are not
registered with DVC, are requested to submit the vendor registration form along with the bid,
which may be used for registration“.
1.3 SCREENING OF APPLICATION :
Screening of application would be undertaken by a Registration committee based on the
information provided in the prescribed formats. One member each of SE (M-5) level, from
Materials/contracts, User Department & Finance will form the committee. The same will be
nominated and to be approved by Plant Chief/CMM/CE.
The prospective vendors should fill in the format online, and if found qualified, are required to
take print out of the format and submit with all necessary enclosures to the CMM/Head of
Materials of the respective unit for further scrutiny /evaluation. The MM department will issue a
certificate to the vendor if found meeting the criteria after approval of Plant Chief/CMM/CE.
All applications will be grouped on the basis of the following criteria:-
W& P Manual – 2012 Page 96

1. Manufactures :
2. Suppliers
3. Contractors for works and Services.
1.4 APPROVAL OF REGISTRATION :
The vendor list as recommended by the registration committee to be approved by Plant
Chief/CMM/CE. The vendor name, after approval will be included in the list of registered
Suppliers, and posted in website.
1.5 REGISTRATION & RENEWAL:
a. The registration will be valid for a period of three years from the date of approval.
b. Registration Certificate (format enclosed) will be generated through system and will be issued
to the concerned vendor by post.
c. Renewal of registration may be done for a further period of three years based on the
performance of the vendor during the last three years and submission of fresh application
forms duly filled in
d. A system generated reminder will be issued to the registered vendor 60 days prior to expiry of
the validity date. If application is not received the system will delete the name from the list of
registered vendors at the expiry of 3 years.
e. All application received for registration will be reviewed by the registration committee at the
end of each quarter and put up their recommendation for approval.
1.6 GUIDANCE TO DOMESTIC SUPPLIERS FOR FILLING UP VENDORS’
REGISTRATION FORM:
1) Registration form may be obtained from DVC website www.dvc..........
2) Application for registration with a covering letter should be sent to:-
The Chief Materials Manager
Station Name:-
Damodar Valley Corporation:-
City/town:-
Pin Code:-
India
3) In Case registration is being sought in multiple unit of DVC, please send separate
application to each unit.
4) Any clarification with respect to procedure for registration may be obtained from the
Chief Materials Manager of the respective DVC unit.
5) The Vendor Registration Form has four parts:
Part A : Organisational information - Form No VR-01-Page 1-10
W& P Manual – 2012 Page 97

Part B : Quality system - Form No VR-01-Page 11-12
Part C :
Part D :
Technical competence
Score Sheet
- Form No VR-01-Page 13-13 (if sent by DVC)
- Form No VR-01-Page 14-17
The set of formats to be filled by different category of vendors is as follows:-
Sl. No Vendor Category Formats
1. Indian vendors (manufacturers)
Organisational Information
Quality System
Technical Competence
2.
Indian Stockist/ Trader/ Distributor/
Dealer/ Authorised Agent/ Channel
partner/ Indian Sales office
or
Subsidiary of registered foreign principal
Organisational Information VR-0 1
(Pages 1 to 10 except SI. No. 5.1, 5.2,
6.6, 6.7, 7 & 8)
6) All columns are to be filled up properly in the space provided for. Wherever it is not
applicable, please mention "Not Applicable". The form is to be signed by the authorised
signatory.
7) A separate sheet may be attached if the space provided is insufficient or additional
information is to be given. Please put proper identification tag on the separately attached
sheet.
8) Please ensure that all required enclosures are attached with the filled up Supplier
Registration Form and all enclosures are numbered & list of enclosures is given as required.
9) As multiple copies of the application forms are required for processing at our end, please do
not spiral bound the application forms or its enclosures and instead send them in two hole
clip flat file.
10) Incomplete forms will be rejected.
11) Any information / clarification required by DVC during evaluation must be given
expeditiously.
12) Please note that if you are registered and participate in Tender process and qualify to get
order from DVC, your performance based on Quality of your product, delivery
performance and service rendered will be evaluated.
W& P Manual – 2012 Page 98

13) Please fill up the check- list given on next page and send along with the Supplier
Registration Forms to DVC.
14) If you are attaching a document in a language other than Hindi / English, a self attested
Hindi/ English translated document may please be also attached.
1.7 REGISTRATION FORM:
DAMODAR VALLEY CORPORATION
VENDOR REGISTRATION FORM
FORM NO. VR- 01 (INDIAN SUPPLIER)
INFORMATION WITH * MARKS IS SCOREABLE.
PART- A: ORGANISATIONAL SOUNDNESS
ALL COLUMNS SHOULD BE PROPERLY FILLED IN THE SPACE PROVIDED FOR,
WHEREVER IT IS NOT APPLICABLE, PLEASE WRITE "NOT APPLICABLE".
INCOMPLETE OR INCORRECT FORMS MAY NOT BE CONSIDERED. PLEASE ATTACH
SEPARATE SHEET, IF SPACE AVAILABLE IS INADEQUATE.
ALL THE PAGES OF THE FORM ARE TO BE SIGNED ALONG WITH SEAL BY THE
AUTHORISED SIGNATORY
ORGANISATIONAL INFORMATION
NAME AND CORRESPONDENCE ADDRESS OF THE SUPPLIER SEEKING
REGISTRATION:-
1.0 PRODUCTS I SYSTEMS I SERVICES FOR WHICH REGISTRATION IS APPLIED
FOR:
SL. NO DESCRIPTION SIZE & RANGE MFG. STDI IS I DIN
IBS ETC
VENDOR’S AUTHORISED SIGNATORY
W& P Manual – 2012 Page 99

DAMODAR VALLEY CORPORATION
2.0 GENERAL INFORMATION:
VENDOR REGISTRATION FORM
FORM NO. VR- 01 (INDIAN SUPPLIER)
ORGANISATIONAL INFORMATION
2.1 NAMES OF THE WORKS/DIVISION (Products manufactured at each works to be
mentioned:
ADDRESS
E-Mail
TELEPHONE
FAX
I) LANDLINE
II) MOBILE
2.2 NAME OF CHIEF EXECUTIVE/ PROPRIETOR/ PARTNER & ADRESS:
2.3 DETAILS OF AUTHORISED SIGNATORY FOR SEEKING CLARIFICATION:
NAME
DESIGNATION
E-Mail
TELEPHONE: I) LANDLINE
II) MOBILE
FAX
VENDOR’S AUTHORISED SIGNATORY
W& P Manual – 2012 Page 100

DAMODAR VALLEY CORPORATION
VENDOR REGISTRATION FORM
FORM NO. VR- 01 (INDIAN SUPPLIER)
ORGANISATIONAL INFORMATION
3.0 OWNERSHIP INFORMATION: DOCUMENTS TO BE
FURNISHED
3.1 GOVT. OF INDIA UNDERTAKING: MEMORANDUM AND
OR
STATE GOVT. UNDERTAKING
ARTICLES
OF
OR
ASSOCIATION
LIMITED COMPANY,
OR
PRIVATE COMPANY
CO-OPERATIVE SOCIETY,
PARTNERSHIP FIRM,
PROPRIETORSHIP,
ANY OTHER (SPECIFY)
3.2 NATURE OF BUSINESS
(MANUFACTURING UNIT/
ENGG CONSULTANT/
EPC CONTRACTOR)
(AGENTS/ DISTRIBUTORS/
STOCKISTS/DEALERS/ TRADERS/
INDIAN SUBSDIARY/ CHANNEL
PARTNER)
3.3 YEAR OF ESTABLISHMENT
*3.4 YEAR OF COMMENCEMENT OF
BUSINESS
SOCIETY RULES AND
BYE LAWS
PARTNERSHIP DEED
PROFESSION TAX REGN.
AND MUNICIPAL REGN.
Specify
Attach authorisation/
certificate of principal
VENDOR'S AUTHORISED SIGNATORY
W& P Manual – 2012 Page 101

DAMODAR VALLEY CORPORATION
VENDOR’S REGISTRATION FORM
FORM NO. VR-_ 01 (INDIAN VENDOR)
4.0 REGISTRATION PARTICULARS
ORGANISATIONAL INFORMATION
(FURNISH DETAILS AND ENCLOSE COPY OF CERTIFICATE FOR THE FOLLOWING)
4.1 PERMANENT ACCOUNT NO
4.2 CENTRAL SALES TAX REGN NUMBER
4.3 STATE SALES TAX / TIN NUMBER
4.4 EXCISE DUTY REGN NUMBER
4.5 EXCISE CONTROL CODE NUMBER
4.6 SERVICE TAX REGN NUMBER
4.7 CATEGORY AS PER MSMED ACT : MICRO/ SMALL/ MEDIUM
REGDN.NO. :
VALID UPTO :
(Attach Certificate)
5.0 TOTAL ORGANISATIONAL STRENGTH: (ATTACH ORGANISATION CHART)
ENGINEERING
MANUF ACTURING
QUALITY
COMMERCIAL /
SERVICE AFTER SALES:
OTHERS
TOTAL
* 5.1 POWER BACKUP: YES/NO
(GIVE DETAILS)
GRADUATE DIPLOMA SKILLED/ NON-SKILLED
* 5.2 DOES THE COMPANY SELL ITS PRODUCT DIRECTLY: YES/ NO
VENDOR'S AUTHORISED SIGNATORY
W& P Manual – 2012 Page 102

DAMODAR VALLEY CORPORATION
VENDOR REGISTRATION FORM
FORM NO. VR- 01 (INDIAN VENDOR)
ORGANISATIONAL INFORMATION
6.0 OTHER PARTICULARS :
(FURNISH DETAILS AND ENCLOSE DOCUMENTARY EVIDENCE/ COPY OF
CERTIFICATE FOR THE FOLLOWING)
* 6.1 IF THE COMPANY IS ALREADY REGISTERED WITH ANY OF DVC UNITS,
GIVE
6.1.1. DVC UNIT'S NAME:
6.1.2. SUPPLIER REGN. CODE NO. :
6.1.3. ITEMS FOR WHICH REGISTERED & THEIR SPECIFICATION
(ENCLOSE PROOF OF SUCCESSFUL EXECUTION OF
ONE OR MORE PURCHASE ORDERS):
* 6.2 IS THE COMPANY APPROVED BY
ASME / NTPC / NPC / ElL / DGS&D / RAIL WAYS /
IBR / LLOYDS ETC FOR INTENDED :
YES / NO
MATERIAL CATEGORY :
(ENCLOSE DOCUMENTARY EVIDENCE)
* 6.3 IS THE COMPANY ISO 9001 APPROVED : YES / NO
(ENCLOSE CERTIFICATE & TOC OF QUALITY SYSTEM) :
* 6.4 IS THE COMPANY AN ISO 14000 APPROVED: YES / NO
(ENCLOSE CERTIFICATE):
* 6.5 IS THE COMPANY OHSAS - 18000 APPROVED: YES / NO
(ENCLOSE CERTIFICATE)
* 6.6 TECHNICAL COLLABORATOR :
(FOREIGN OR INDIGENOUS)
(ENCLOSE DOCUMENTARY EVIDENCE)
* 6.7 R&D SET UP
6.8 DIRECTORS / PARTNERS, IF RELATED TO ANY
DVC EMPLOYEE.
NAME : STAFF
NO. : DESIGNA
TION :
UNIT & DEPARTMENT :
RELATIONSHIP :
VENDOR'S AUTHORISED SIGNATORY
W& P Manual – 2012 Page 103

DAMODAR VALLEY CORPORATION
VENDOR REGISTRATION FORM
FORM NO. VR-_ 01 (INDIAN VENDOR)
ORGANISATIONAL INFORMATION
6.9 IF ANY EX-DVC PERSONNEL IS EMPLOYED BY THE COMPANY, MENTION HIS /
HER DETAILS OF LAST POSTING.
NAME :
STAFF NO. :
DESIGNA TION :
UNIT & DEPARTMENT :
DATE OF LEAVING SERVICE:
6.10 COMPANY'S WEEKL Y HOLIDAYS
WORKS :
OFFICE :
6.11 EXPERIENCE LIST:
(ATTACH LIST OF PRESENT CUSTOMERS WITH NAME & ADDRESS FOR
OFFERED / SIMILAR TYPE & SIZE OF ITEM / EQUIPMENT FOR WHICH
REGISTRATION HAS BEEN SOUGHT AND WITH WHOM YOU HAVE
CONTINUOUS BUSINESS SINCE LAST THREE YEARS. ALSO ATTACH
PERFORMANCE CERTIFICATES ISSUED BY ANY TWO CLIENTS FOR SUCCESSFUL
EXECUTION OF THE CONTRACTS FOR LAST TWO
YEARS- FOR PEM)
*6.12 DETAILS OF PENDING LEGAL ISSUES ON CONTRACTUAL ASPECTS WITH
CUSTOMER, IF ANY
6.13 The following information of Bank Account of the Company, duly endorsed by the Bank
(required for Electronic Fund Transfer -EFTIRTGS) is to be submitted
1. Name of the Company
2.Name of Bank
3. Name of Bank Branch
4.City/Place
5. Account Number
6.Account type
7. IFSC code of the Bank Branch
8.MICR Code of the Bank Branch
9. Details of other Bankers (for reference purpose only)
NOTE: (i) Vendors who have already submitted the above information are requested to
submit a copy of the same.
VENDOR'S AUTHORISED SIGNATORY
W& P Manual – 2012 Page 104

DAMODAR VALLEY CORPORATION
VENDOR REGISTRATION FORM
FORM NO. VR- 01 (INDIAN VENDOR)
ORGANISATIONAL INFORMATION
7.0 MANUFACTURING FACILITIES:
*7.1 LIST OF MANUFACTURING FACILITIESIEQUIPMENTS (INCLUDING
MATERIAL HANDLING FACILITY)
SL.
NO.
DESCRIPTION OF
MACHINE/EQUIPMENT
QUANTITY
MAKE & YEAR OF
INSTALLATION
REMARKS
IN CASE OF SPACE LIMITATION, PLEASE ENCLOSE ANNEXURE / CATALOGUE
WITH TAG
* 7.2 IF IN-HOUSE MFG FACILITIES NOT AVAILABLE, INFORM SOURCE OF
MFG. DETAILS ALONGWITH THEIR FACILITIES & EXPERIENCE
SL.
NO
PROCESS
OUTSOURCED
NAME OF
THE
COMPANY
DESCRIPTION OF
MACHINE
/EQUIPMENT
REMARKS
IN CASE OF SPACE LIMIT A TION ENCLOSE ANNEXURE / CATALOGUE WITH TAG
* 7.3 RATIO OF OUTSOURCED COST TO TOTAL PRODUCTION VALUE:
SUPPLIER'S AUTHORISED SIGNATORY
W& P Manual – 2012 Page 105

DAMODAR VALLEY CORPORATION
VENDOR REGISTRATION FORM
FORM NO. VR- 01 (INDIAN VENDORS)
ORGANISATIONAL INFORMATION
8.0 INSPECTION & TESTING FACILITIES:
* 8.1 LIST OF INSPECTION & TESTING FACILITIES / EQUIPMENT
SL.
NO.
DESCRIPTION OF
FACILITY/EQUIPMENT
& CAPACITY
NOS.
MAKE & YEAR OF
MANUFACURINGT
LAST DATE OF
CALIBERATION
IN CASE OF SPACE LIMITATION ENCLOSE ANNEXURE / CATALOGUE WITH TAG
W& P Manual – 2012 Page 106

* 8.2 IF IN-HOUSE TESTING FACILITIES NOT AVAILABLE, INDICATE
SOURCE OF TESTING ALONGWITH THEIR FACILITIES & EXPERIENCE
SL.
NO.
TEST
SOURCE
OF
TESTING
DESCRIPTION OF
FACILITY/EQUIPMENT
& CAPACITY
APPROV AL OF EQUIPMENT/
PROCESS/PERSONNEL
QUALIFICATION
IN CASE OF SPACE LIMITATION ENCLOSE ANNEXURE / CATALOGUE WITH TAG
Note:
In case of outsourcing of major testing such as NDT, Electrical & Mechanical Testing, no
marks will be awarded. However, material composition testing by chemical method from
recognized laboratory shall not attract negative marking.
VENDOR'S AUTHORISED SIGNATORY
W& P Manual – 2012 Page 107

DAMODAR VALLEY CORPORATION
VENDOR REGISTRATION FORM
FORM NO. VR- 01 (INDIAN VENDOR)
ORGANISATIONAL INFORMATION
FINANCIAL INFORMATION FOR THE PREVIOUS FOUR YEARS
9.0 Parameter
9.1
NET WORTH
(Share Capital + Reserves)
Growth over previous year (%)
Year 1 Year 2 Year 3 Year 4
(Years in ascending order, Money value in Rs.
Lakhs )
9.2 LONG TERM DEBT / LOAN
9.3
DEBT EQUITY RATIO :
Long term Debt (9.2)
Net worth (9.1 )
9.4
9.5
INVESTMENT IN:
Land & Building
Plant & Machinery
Other Fixed Assets
1. NET CURRENT ASSETS
a) Cash in hand
b) Account receivable
c) Inventories
Total
2. CURRENT LIABILITY
a) Sundry creditors
b) Interest accrued but not due
c) Other liabilities
Total
* QUICK RATIO
CA - INVENT. {9.5(1 )-9.5(1 )c}
Current liability {9.5 (2)}
9.6 SALES
W& P Manual – 2012 Page 108

9.7
9.8
9.9
Growth over previous year
(%)
---
PROFIT BEFORE TAX
Growth over previous year ----
Whether the supplier has been referred to BIFR /
NCL T /any other Govt agency
( If YES ,enclose details)
Whether the supplier is a potential sick company.
( If YES , enclose details)
YES / NO
YES / NO
NOTE: 1. Copies of annual accounts (Balance Sheet) for the last four years (or
from date of Incorporation whichever is less) along with audit report are to
be submitted. The above details shall be highlighted in the Balance Sheet.
2. Status of Tax assessments done under various laws (Income Tax,
VAT/Sales Tax, Excise & Service Tax, Custom) and details of disputes
pending, if any, with these authorities to be submitted.
VENDOR'S AUTHORISED SIGNATORY
W& P Manual – 2012 Page 103

DAMODAR VALLEY CORPORATION
VENDOR REGISTRATION FORM
FORM NO. VR- 01 (INDIAN VENDOR)
ORGANSATIONAL INFORMATION
10. LIST OF ENCLOSURES (Tags to be put on enclosures) :
(i) MEMORANDUM AND ARTICLES OF ASSOCIATION : YES /NO
(ii)
SOCIETY RULES AND BYE LAWS / PARTNERSHIP DEED/
PROFESSION TAX REGN & MUNICIPAL REGN.
Copy of certificate of following:-
• PERMANENT ACCOUNT NO
• CENTRAL SALES TAX REGN NUMBER
• STATE SALES TAX / TIN NUMBER
• EXCISE DUTY REGN NUMBER
• EXCISE CONTROL CODE NUMBER
• SERVICE TAX REGN NUMBER
: YES /NO
: YES /NO
: YES /NO
: YES /NO
: YES/NO
: YES/NO
: YES/NO
: YES/NO
• REGN NUMBER OF CATEGORY AS PER MSMED ACT
: YES /NO
(iii) ORGANISATION CHART : YES /NO
(iv)
(v)
(vi)
If registered with any other DVC Unit,
• LETTER OF REGISTRATION WITH DVC UNIT
• PROOF OF SUCCESSFUL EXECUTION OF ONE OR MORE
PURCHASE ORDERS
Letter of approval from ASME / NTPC / NPC / ElL / DGS&D /
RAIL WAYS /IBR / LLOYDS ETC
Accreditation certificate for
• ISO: 9001
• TOC of Quality System Manual
• ISO: 14000
• OHSAS , ISO 18000
: YES/NO
: YES/NO
: YES /NO
: YES /NO
: YES /NO
: YES/NO
: YES/NO
(vii) Letter regarding technical collaboration : YES /NO
W& P Manual – 2012 Page 104

(viii) Experience List / Performance certificate
: YES /NO
(ix) Balance Sheet for the last four years along with audit Report : YES /NO
(x) Principal's authorization in case of dealers/ agents : YES/NO
(xi) EFT Bank's certificate : YES/NO
I /WE GIVE THE UNDERTAKING THAT DVC DRAWINGS & SPECIFICATIONs SHALL
NOT BE USED IN ANY WAY DETRIMENTAL TO THE INTEREST OF DVC AND/ OR FOR
SUPPLY OF ANY MATERIAL, PRODUCT OR SERVICES DIRECTLY OR INDIRECTLY
TO ANY OTHER CUSTOMER.
VENDOR'S AUTHORISED SIGNATORY
W& P Manual – 2012 Page 105

DAMODAR VALLEY CORPORATION
VENDOR REGISTRATION FORM
FORM NO. VR- 01 (INDIAN VENDOR)
Part B: (QUALITY SYSTEM)
SI.
No.
PARAMETERS
SYSTEM IN EFFECT
(Tick if exists &
provide evidences if
ticked in written
procedure)
Written
Procedure
Practice
RECORDS
(Tick if
available &
submit
evidences)
REMARKS
1* Incoming Material Control
System
Furnish a copy of
system
and
organization.
2* In process control Furnish at least one
work instruction &
record of process
control parameter
3* Manufacturing / Testing
Procedure Qualification
4* Personnel qualification for
3 above.
Procedure Qualification
specification may be
submitted
Record of Personnel
qualification (PQR) to
be submitted
5* Calibration system Submit list of
instrument & their
calibration status
6* System of Identification &
Traceability of materials,
tools, jigs, fixtures &
processed components, etc.
Copy of procedure to
be submitted
7* System of Storage,
Preservation, Painting &
packing
8* System of NCR
disposition & corrective
preventive action
Copy of procedure to
be submitted
Two copies of NCR &
CAPA
W& P Manual – 2012 Page 106

9* Customer complaints
handling system
Submit list of customer
complaints & status for
the last three years
10 Safety measures Submit copy of safety
system & Record of
accidents for last three
years
11 Any other quality initiative
VENDOR'S AUTHORISED SIGNATORY
W& P Manual – 2012 Page 107

FORM NO. VR- 01 (INDIAN VENDORS)
DAMODAR VALLEY CORPORATION
VENDOR REGISTRATION FORM
Part B: QUALITY SYSTEM
12. LIST OF ENCLOSURES:
(i) Copy of system of control incoming materials and organization chart
(ii) Copy of at least one process control work instruction
(iii) Record of process control parameter
(iv) Copy of at least one Procedure Qualification specification
(v) Record of Personnel qualification (PQR)
(vi) List of instrument & their calibration status
(vii) Copy of procedure for Identification & Traceability of materials, tools, jigs, fixtures &
processed components, etc.
(viii) Copy of procedure for Storage/ preservation/ painting & packing
(ix) Copies of two NCRs and their CAPA.
(x) List of customer complaints & status for the last three years
(xi) Copy of safety system
(xii) Record of accidents for last three years
VENDOR'S AUTHORISED SIGNATORY
W& P Manual – 2012 Page 108

DAMODAR VALLEY CORPORATION
VENDOR REGISTRATION FORM
FORM NO. VR- 01 (INDIAN SUPPLIER)
Part C: TECHNICAL COMPETENCE
Technical competence shall be evaluated in two parts viz. common competence and
product/material category specific competence.
(i) COMMON TECHNICAL COMPETENCE (Max Marks: 10)
TECHNICAL COMPETENCE
( where design specification is given by DVC )
MARKING
RANGE
SUPPLIER
RESPONSE
(ALONG WITH
SUPPORTING
DOCUMENTS)#
MARKS
BY DVC
1. Supplier understands the product specification. (0-3)
2. Supplier understands the inspection requirements. (0-2)
3. Supplier has process capability to achieve the
Product specification/dimensional requirement.
4. Supplier has experienced manpower to carry out
the job.
TOTAL MARKS OUT OF POSSIBLE (10)
TECHNICAL COMPETENCE
( where performance specification is given by
BHEL)
1. Design capability (0-3)
(0-3)
(0-2)
OR
MARKS PROCEDURE
SYSTEM
IN EFFECT
RECORDS
2. Adequacy of quality assurance plan (0-2)
3. Process capability for components (0-3)
4. Adequate of testing (0-2)
TOTAL MARKS OUT OF POSSIBLE (10)
Average of Total (Total/3) = ---------
W& P Manual – 2012 Page 109

PROUCT/ MATERIAL CATEGORY SPECIFIC TECHNICAL COMPETENCE
(Max Marks: 15)
Unit Vendor Registration Committee (VRC) to structure the parameters to be considered for the
technical competence depending on material category. The score of individual parameter selected
is to be decided by VRC. VRC shall identify the requirement of enclosures to be furnished by
supplier.
Product:
SL. No Material category Tech Parameter Supplier's response Remarks
To be filled up only on receipt of technical requirements/ specification, drawings, standards from
DVC and to be sent to DVC for further scrutiny. Enclose documentary evidence wherever
required.
LIST OF ENCLOSURES:
Maximum Marks = 25
Minimum Qualifying marks = 15
# No marks is to be given by the supplier. Only supplier response along with supporting
documents,
VENDOR'S AUTHORISED SIGNATORY
W& P Manual – 2012 Page 110

DAMODAR VALLEY CORPORATION
VENDOR REGISTRATION FORM
FORM NO. VR- 01 (INDIAN VENDOR)
Part D : SCORE SHEET
SL.
NO.
1.
2.
PARAMETER CRITERIA Marks Maxm.
Marks
Whether all relevant information like
ownership, PAN no., Sales Tax no., Excise
Duty no., etc. submitted
3.4 YEAR OF COMMENCEMENT OF
BUSINESS
3. 5.1 POWER BACKUP
4.
5.
6.
5.2 DOES THE COMPANY SELL ITS
PRODUCT DIRECTLY
6.1 REGISTERED WITH ANY OF DVC
UNITS
6.2 APPROVAL BY ASME/ NTPC/ NPC/
/ElL/ DGS&D/ RAILWAYS/ IBR/
LLOYDS ETC
7. 6.3 ISO 900 I ACCREDIT A TION
8. 6.4 ISO 14000 ACCREDIT A TION
9. 6.5 OHSAS - 18000 ACCREDITATION
10.
6.6 TECHNICAL COLLABORATOR
(FOREIGN OR INDIGENOUS)
11. 6.7 R & D SET UP
Yes 2
No 0
More than 5
years
Marks
Awarded
W& P Manual – 2012 Page 111
2
1-5 years 1
Less than 1
year
0
Yes 1
No 0
Yes 1
No 0
Yes
(same item)
2
Yes
(another
1
No 0
Yes 2
No 0
Yes 3
No 0
Yes 1
No 0
Yes 1
No 0
Yes 1
No 0
Yes 1
No 0
2
2
1
1
2
2
3
1
1
1
1

12.
13.
14.
6.12 PENDING LEGAL ISSUES ON
TECHNO- COMMERCIAL ASPECTS
WITH CUSTOMER
7.1 & 7.2 MANUFACTURING
FACILITIES INCLUDING
OUTSOURCING
7.3 RATIO OF OUTSOURCED COST TO
TOTAL PRODUCTION VALUE
15. 8.1 INSPECTION & TESTING FACILITIES
16.
8.2 OUTSOURCING OF MAJOR TESTING
Facility (Refer Note)
Yes -5
No 0
Adequate 3
Substantial 2
Inadequate 0
Less
10%
than
2
10 to 30 % 1
More than
30%
0
Adequate 2
Substantial 1
Inadequate 0
Yes 0
No 1
0
3
2
2
1
1. ORGANISATIONAL SOUNDNESS (for Indian Stockist/ Trader/ Distributor/ Dealer/
Authorised Agent/ Channel partner/ Indian Sales office or Subsidiary of registered
foreign principal):
SL.
NO.
1.
2.
3.
PARAMETER CRITERIA Marks Maxm.
Marks
Whether all relevant information like
ownership, PAN no., Sales Tax no., etc.
submitted (clause 6.0 of chapter V to be
referred in this regard)
3.4 YEAR OF COMMENCEMENT OF
BUSINESS
6.1 REGISTERED WITH ANY OF DVC
UNITS
Yes 7
No 0
More than
3 years
2
1-3 years 1
Less than
1 year
Yes
(same item)
Yes 1
0
7
2
2 2
Marks
Awarded
W& P Manual – 2012 Page 112

4.
6.2 APPROVAL BY ASME/ NTPC/ NPC/
EIL/ DGS&D/ RAILWAYS/ IBR/
LLOYDS ETC.
5. 6.3 ISO 9001 ACCREDITATION
(another
item)
No 0
Yes 2
No 0
Yes 2
No 0
2
2
6.
6.12 PENDING LEGAL ISSUES ON
TECHNO COMMERCIAL ASPECTS
WITH CUSTOMER
Yes -5
No 0
0
W& P Manual – 2012 Page 113

DAMODAR VALLEY CORPORATION
VENDOR REGISTRATION FORM
FORM NO. VR- 01 (INDIAN VENDOR)
Part D: SCORE SHEET
2. FINANCIAL INFORMATION (for Manufacturers):
SL.
NO.
1.
PARAMETER CRITERIA Marks Maximum
Marks
9.1 Growth of Net Worth over previous
year (%) average of three years to be
worked out
More than 20 % 5
10 -20 % 4
5 -10 % 3
>0 & < 5% 2
0 or below 0
1 : 1 5
5
Marks
Awarded
2.
9.3 DEBT EQUITY RATIO
Long term Debt (9.2)
Net worth (9.1 )
1.1 upto 1.5 : 1 4
1.6 upto 2.0 : 1 3
5
2.0 & above: 1 2
1: 1 5
3.
9.5 QUICK RATIO
CA-INVENTORIES{9.5(l)-9.5(1)c}
Current liability {9.5 (2)}
1 : 1 upto 1.5 4
1 :1.5 upto 1.75 3
1 : 1.75 upto 2.5 2
5
1 : > 2.5 0
More than 35% 5
4.
9.6 Growth in Sales over previous year
(%) average of three years to be
worked out
20 -35 % 4
10-20 % 3
5 -10% 2
>0 & < 5% 1
5
o or negative 0
5.
9.7 PROFIT BEFORE TAX
More than 20 % 5
10-20 % 4
5
Growth over previous year (%) 5 -10 % 3
W& P Manual – 2012 Page 114

6.
7.
9.8 Whether the supplier has been
referred to BIFR / NCL T/ any other
similar Govt agency
9.9 Whether the supplier is a
potentially sick company
>0 & < 5% 2
o or below 0
Yes -5 0
No 0
Yes -3 0
No 0
TOTAL 25
Note: If the supplier is new in business and does not have past data, then the evaluation will
be done on the basis of information provided by him and will be decided by VRC.
2. FINANCIAL INFORMATION (for Indian Stockist/ Trader/ Distributor/ Dealer/ Authorised
Agent/ Channel partner/ Indian Sales office or Subsidiary of registered foreign principal):
SL.
NO.
PARAMETER CRITERIA Marks Maximum
Marks
Marks
Awarded
1.
9.6 Growth in Sales over previous
year (%)
Average of three years to be worked
out
More than
35%
5
20 -35 % 4
5 - 20 % 3
>0 - 5 % 2
5
o or negative 0
More than 20 % 5
2.
9.7 PROFIT BEFORE TAX
Growth over previous year (%)
5 -20% 4
>0-5 % 3
5
o or below 0
W& P Manual – 2012 Page 115

FORM NO. VR- 01 (INDIAN VENDOR)
DAMODAR VALLEY CORPORATION
VENDOR REGISTRATION FORM
3. QUALITY SYSTEM:
Part D : SCORE SHEET
SL.
NO.
1.
PARAMETER CRITERIA Mark Maxm.
Marks
Incoming Material
control System
2. Process control
3.
Manufacturing/
Testing Procedure
Qualification
4. Personnel qualification
5. Calibration system
System
availability:
Availability
of
Organisation
chart
Work
instruction
available:
Record
process
Control:
of
Procedure
Qualification
Specification:
Record of
PQR:
Yes 1
No 0
1
Yes 1 1
No 0
Yes 1 1
No 0
Available 2
Partial
record
1 2
Not
available
0
Adequate 3 3
Inadequate 1
Not
available
Adequate 3 3
0
Inadequate 1
Not
available
0
Adequate 3 3
Inadequate 1
Not
available
0
Marks
Awarded
W& P Manual – 2012 Page 116

6.
7.
8.
9.
System
of
Identification &
Traceability of
materials, tools, jigs,
fixtures & processed
components, etc.
System of Storage/
preservation/ painting
& packing
System of NCR
disposition &
corrective preventive
action
Customer complaints
handling system
10. Safety measures
Procedure
available:
Procedure
available:
Two copies
of NCR &
CAPA
System
available:
Adequate 2 2
Inadequate 1
Not
available
Adequate 2 2
0
Inadequate 1
Not
available
0
Available 2 2
Not
available
Complaints registered &
resolved
0
Yes 1 1
No 0
Complaints registered &
partially resolved
Complaints or not resolved
not registered
System
available:
Record
available:
2 2
Yes 1 1
No 0
Yes 1 1
No 0
TOTAL 25
1
0
W& P Manual – 2012 Page 117

FORM NO. VR- 01 (INDIAN VENDOR)
DAMODAR VALLEY CORPORATION
VENDOR REGISTRATION FORM
Part D : SCORE SHEET
4. TECHNICAL COMPETENCE
Column no. 1 to 4 to be filled by VRC before sending to the supplier. Column no. 5 to be filled
by DVC certified Assessor after evaluation of supplier response.
SI.
No
Parameter Scoring criteria Maximum Marks Marks obtained
(1) (2) (3) (4) (5)
SUMMARY:
TOTAL 25
SI.
No
Criteria
Maxm.
Marks
Qualifying
marks *
Marks
obtained
Recommendation
for registration
1.
Organisational
Soundness
Financial
Information
50 30
2. Quality System 25 15
3.
Technical
Competence
25 15
Recommended /
Not recommended
TOTAL 100 60
*Minimum Qualifying Score in Each category shall be 60%.
W& P Manual – 2012 Page 118

REGISTRATION CRITERIA:
SI.
No
Score
Recommendation
1. More than 90 Supplier is to be registered Normally no visit is called for.
2. >75 & =60 &

10.
If you are seeking registration for a MSME company (as per MSME Act of
Government of India), have you attached requisite certificate as per Act
Date:
Signature & Seal (Authorised Signatory)
Note: This check list is to be attached with the filled up Vendor Registration Form.
W& P Manual – 2012 Page 120

DAMODAR VALLEY CORPORATION
NAME OF THE OFFICE :
ADDRESS :
VENDOR REGISTRATION CERTIFICATE
Reference No. Dated :
M/s………………………………………………
….………………………………………………..
….………………………………………………..
Phone No ……………………………..
Fax
……………………………..
E-mail ……………………………..
Vendor Code …………………………………….
Registration No …………………………………….
Dear Sir,
With reference to your application dated ……………… we are pleased to inform you that you
have been enlisted as registered vendor for participation in the purchase process/works tender
conducted by D V C as and when required for the following items/stores/works/services.
NAME OF THE
MATERIAL /
WORKS
SPECIFICATION /
DESCRIPTION OF
WORK
MONEYTORY LIMIT
W& P Manual – 2012 Page 121

This registration is valid for a period of THREE YEARS from the date of issue of the registration
certificate. DVC HAS THE SOLE DISCRETION TO TERMINATE THIS REGISTRATION
WITH THE DUE NOTICE TO YOU WITHIN THE CURRENCY OF THE VALIDITY
PERIOD.
Thanking you,
Note :
Yours faithfully,
for & on behalf of DVC
CHIEF MATERIALS MANAGER/
STATION CHIEF ENGINEER/CHIEF ENGINEER
1. On expiry of the validity of the required statutory documents like factory license/NSIC
registration certificate/STCC/DGS&D Registration Certificate etc., please ensure to get
them renewed and furnish a copy of each from time to time.
1. Please submit your renewal application along with relevant documents before three
months of the expiry of this registration certificate.
W& P Manual – 2012 Page 122

1. Contractors’ Performance Evaluation:
PART-III
`In order to have smooth progress of the work, there is a need for contractors who will execute the
job in time and as per stipulated quality in the Contract. In order to ensure the same a standard
evaluation format has been framed. The Engineer In charge will fill in the details as per format
enclosed , which is to be signed by the authorized representative of the Contractor
(owner/proprietor/site in charge) . If the contractor refuses to sign, the evaluation of engineer in
charge will be final. The performance rating as emerged out will be kept in the system.
In case Performance Rating obtained above is ‘Unsatisfactory’, twice consecutively, the
Contractor shall not be recommended for issue of tender enquiry for a period as deemed fit not
more than 2 years.
2. Format:
Format for Contractor’s Performance Evaluation
Overhauling and Maintenance Contract
{Applicable for Housekeeping, Worker Intensive Activities & EPC Contract/New Project}
Monthly Performance Evaluation
1 Name of Work:
2 Work Order/ LOA Ref:
3 Name of Contractor:
4 Month of Performance Rating From………………to……………..
S No Description Max
Marks
A Quality, Nos and Workmanship in Work: Maximum 45
Marks
Marks
Obtained
1
Quality of manpower deployed
(As per the terms & condition of contract, NIT, including
literacy etc if any).
a. Skilled category, (Either ITI holder, HP welders, Fitters,
Gang head of erection team and / or selected by the
Engineer in Charge as per the experience and TEST
conducted).
05
05
05
W& P Manual – 2012 Page 123

2
3
4
b. Unskilled category (Stress on literacy level, experience and
safety consciousness).
c. Trained & Experience Engineers/ qualified supervisor
(BE/Diploma holder and / or selected by EIC,
knowledge/relevant experience).
d. Deployment/ development of highly skilled specialist
technicians for critical jobs.(as and when required)
Strictly following quality guidelines, quality plan(QAP) and /
or checklist for each job, given by the Engineer In charge.
a. Repetition of job due to bad workmanship including defect
liability (frequency of occurrence & compliance for
rectification).
b. Improper use of DVC facilities (Example: Leaving
junction boxes open after the job is over, keeping scrap,
welding rod, cable & wire etc.)
a. Maintaining cleanliness at workplace while working (use
of working trays, container etc.)
b. Proper handling of grease, oil etc. (proper container, no
spillage & Contamination etc.)
c. Cleaning the workplace including removal of scrap after
completion of the job, removal of debris etc.
05
10
0 to (-) 15
06
5 Use of proper tools & tackles applicable for a particular job. 05
6
B
1
2
3
Training of contractor’s manpower at DVC training centre for
at least 02 hours per fortnight.
Adherence to Time Schedule: Maximum 30 Marks
Availability of all tools & tackles
contractor) without any time delay
(under the scope of
Mobilization of proper skilled & unskilled manpower without
any time delay
a. Completion of job/supply of materials within the time
frame specified in the contract (wherever
available)/Project Milestone and Schedule.
b. Advance Scheduling of Jobs along with Engineer In
charge before start of the job.
04
05
05
10
05
W& P Manual – 2012 Page 124

4
Mobilization time taken to start the job at the beginning of the
contract after getting intimation from the Engineer In charge.
Promptness to call/start.
05
C
1
2
3
4
5
6
Adherence to Safety : Maximum 15 Marks
100% Supply of PPE & Uniform as identified in contract for
workers.
Follow health and safety plan whatever layout by safety deptt
time to time
Special care while working at heights. (Use of proper sized
platform / safety belts, nets etc).
Proper handling of material (while lifting heavy material at
height). (Example: Use of cage / basket , checking of winch,
crane, wire rope, etc).
Periodic testing of lifting tools & tackles which are at the
contractor’s scope Inspection of Tools & Tackles before start
of work and during the execution of contract whenever
required.
Participation in Safety Awareness of the workers and training
given by DVC and safety related records.
7 Promptness and responsiveness during emergencies 01
8
D
1
2
3
Non-compliance of safety requirements (depends on Reports
issued for violation of safety)
Responsiveness : Maximum 10 Marks
Ability to respond positively for changes in scope, schedules,
manpower , providing scope and space to other contractors.
Availability of the contractor / site In-charge with adequate
authorization and powers for execution of job. Site In charge
response on Mobile/ Phone
Attending Telephone Calls both Land line and mobile for 24
x7 Hrs
05
02
02
02
02
01
0 to (-) 4
4 Attending daily/ weekly/ monthly or other meetings 01
5
Deployment of adequate and appropriate manpower from
time to time
6 Timely submission of Check lists etc. 01
02
02
02
01
W& P Manual – 2012 Page 125

7
E
1
2
Timely submission of Bills, invoices and other required
documents
Statutory Compliances: 0 to (-) 30 Marks
Complaints received from the contract workers regarding
underpayment (less than statutory rates)/ Delayed Payment,
No payment)
No Record of release of PF to workers and / or complaints
received regarding the payment of PF.
01
0 to (-)10
0 to (-)10
3 Non Compliance of Statutory Compliances 0 to (-)5
4 Not obtained timely insurance coverage, ESI 0 to (-)5
5
F
Illegal disposal of waste oils, scrapes or any other hazardous
material
Bonus Points : 10 Marks
0 to (-)2
Total (A to E) 100
1 Special initiative taken for the welfare of the contract workers 03
2
Showing interest to come out with suggestive innovative
ideas.
3 To provide scope and space for the work of other agencies. 02
4 Response to DVC Tender Enquiries 02
5 Claims and dispute 0 to (-)3
G
Total Marks obtained in the Month
Cumulative Marks up to Previous Month
Marks in this Month (Total A to F)
TOTAL (A TO F)
Cumulative Marks
Cumulative Marks obtained
Up to date Average Marks = -----------------------------------
No of months
NOTE: In case of Up to date Average marks obtained above is 70 or below, the Contractor
shall not be Recommended for issue of tender enquiry for similar nature of work.
03
(Sign of Engineer-in-Charge)
(Sign of Authorized Representative of Contractor)
W& P Manual – 2012 Page 126

Format for Contractor’s Performance Evaluation(DVC)
(To be firmed up by Indenting deptt at the time of Contract proposal put up for Tech & Adm approval)
{Applicable for Overhauling, Housekeeping, Worker Intensive Maintenance Contracts}
Monthly Performance Evaluation
1 Name of Work:
2 Work Order/ LOA Ref:
3 Name of Contractor:
4 Month of Performance Rating From………………to……………..
Sl.
No
Description
Max
Marks
Marks
Obtained
A
Quality and Workmanship in Work: Maximum 45 Marks
1
Quality of manpower deployed
(As per the terms & condition of contract, including literacy
level etc if any).
a. Skilled category, (Either ITI holder and / or selected by the
Engineer in Charge as per the experience and TEST
conducted).
b. Unskilled category (Stress on literacy level, experience and
safety consciousness).
c. Trained/ qualified supervisor (Diploma holder and / or
selected by Engineer in charge, knowledge/relevant
experience).
05
05
05
d. Deployment/ development of highly skilled specialist
technicians for critical jobs.(as and when required)
05
2
Strictly following quality guidelines, quality plan and / or
checklist for each job, given by the Engineer In charge.
10
3
a. Repetition of job due to bad workmanship including defect
liability (frequency of occurrence & compliance for
rectification).
b. Improper use of DVC facilities (Example: Leaving junction
boxes open after the job is over etc.)
0 to (-) 15
W& P Manual – 2012 Page 127

4
a. Maintaining cleanliness at workplace while working (use of
working trays, container etc.)
b. Proper handling of grease, oil etc. (proper container, no
spillage & Contamination etc.)
c. Cleaning the workplace including removal of scrap after
completion of the job, removal of debris etc.
06
5 Use of proper tools & tackles applicable for a particular job. 05
6
B
1
2
3
4
C
1
2
3
4
5
Training of contractor’s manpower at DVC training centre for at
least 02 hours per fortnight.
Adherence to Time Schedule: Maximum 30 Marks
Availability of all tools & tackles (under the scope of contractor)
without any time delay.
Mobilization of proper skilled & unskilled manpower without
any time delay
a. Completion of job within the time frame specified in the
contract (wherever available)
b. Advance Scheduling of Jobs along with Engineer In charge
before start of the job.
Mobilization time taken to start the job at the beginning of the
contract after getting intimation from the Engineer In charge.
Promptness to call.
Adherence to Safety : Maximum 15 Marks
100% Supply of PPE & Uniform as identified in contract for
workers.
Follow health and safety plan whatever layout by safety deptt
time to time
Special care while working at heights. (Use of proper sized
platform / safety belts etc).
Proper handling of material (while lifting heavy material at
height). (Example: Use of cage / basket etc).
Periodic testing of lifting tools & tackles which are at the
contractor’s scope Inspection of Tools & Tackles before start of
work and during the execution of contract whenever required.
6 Participation in Safety Awareness of the workers and training 01
W& P Manual – 2012 Page 128
04
05
05
10
05
05
05
02
02
02
02

given by DVC and safety related records.
7 Promptness and responsiveness during emergencies 01
8
D
1
2
3
Non-compliance of safety requirements (depends on Reports
issued for violation of safety)
Responsiveness : Maximum 10 Marks
Ability to respond positively for changes in scope, schedules,
manpower
Availability of the contractor / site In-charge with adequate
authorization and powers for execution of job. Site In charge
response on Mobile/ Phone
Attending Telephone Calls both Land line and mobile for 24 x7
Hrs
4 Attending daily/ weekly/ monthly or other meetings 01
5
Deployment of adequate and appropriate manpower from time to
time
6 Timely submission of Check lists etc. 01
7
E
1
2
Timely submission of Bills, invoices and other required
documents
Statutory Compliances: 0 to (-) 30 Marks
Complaints received from the contract workers regarding
underpayment (less than statutory rates)/ Delayed Payment, No
payment)
No Record of release of PF to workers and / or complaints
received regarding the payment of PF.
0 to
(-)4
02
02
02
01
01
0 to
(-)10
0 to
(-)10
3 Non Compliance of Statutory Compliances 0 to(-)5
4 Not obtained timely insurance coverage, ESI 0 to(-)5
5
F
Illegal disposal of waste oils, scrapes or any other hazardous
material
Bonus Points : 10 Marks
0 to(-)2
Total (A to E) 100
1 Special initiative taken for the welfare of the contract workers 03
2 Showing interest to come out with suggestive innovative ideas 03
W& P Manual – 2012 Page 129

3 Participation in e-Tendering 02
4 Response to DVC Tender Enquiries 02
5 Claims and dispute
G
Total Marks obtained in the Month
Cumulative Marks up to Previous Month
Marks in this Month (Total A to F)
TOTAL (A TO F)
Cumulative Marks
Cumulative Marks obtained
Up to date Average Marks = ----------------------------------------
No of months
NOTE: In case of Up to date Average marks obtained above is 70 or below, the Contractor
shall not be Recommended for issue of tender enquiry for similar nature of work.
(Sign of Engineer-in-Charge)
0 to
(-)3
(Sign of Authorized Representative of Contractor)
Contractor’s Performance Rating
(To be filled by Concerned Engineer in charge and HOD)
1 Name of Work:
2 Work Order/ LOA Ref:
3 Name of Contractor:
4 Period of Performance Rating From………………to……………..
Sl.
No.
Up to date Average Marks Obtained Rating Rating Obtained *
1 91 & above Very Good
2 81 – 90 Good
3 70 – 80 Satisfactory
4 Below 70 Unsatisfactory
* Write as applicable and put (X) which are not applicable
W& P Manual – 2012 Page 130

Recommendation Remark, (if any):
Engineer In charge:
Signature
Name
Designation
Head of Deptt:
Signature
Name
Designation
NOTE:
1. In case of Up to date Performance Rating obtained above is ‘Unsatisfactory’, the
Contractor shall not be recommended for issue of tender enquiry for a period as
deemed fit not more than 2 years.
2. Enclose all the monthly filled up and Jointly Signed Performance Evaluation Form.
3. The Above Performance Rating shall, generally, be given at the completion of
contract period including its extension if any. However, if required, in C&M, the same
shall be given during the execution of work.
(Sign of Authorized Representative of Contractor)
W& P Manual – 2012 Page 131

3. REMOVAL FROM THE LIST OF APPROVED/ KNOWN VENDORS/ ENLISTED CO
TRACTORS, SUSPENSION AND BANNING OF BUSINESS DEALINGS WITH
FIRMS & CONTRACTORS:
1. Removal of the firm/contractor from the list of approved/known vendors/enlisted
contractors.
A firm/contractor is liable to be removed from the list of approved/known vendors/enlisted
contractors if, it is no longer considered fit to remain in such list:
1.1 Conditions for Removal:
Removal from the list of approved/known vendor/enlisted contractor may be ordered by the
Senior Chief Engineer/Chief Engineer /CMM.
If a firm:-
(i)
(ii)
Makes any false declaration to Damodar Valley Corporation (DVC).
Claiming drawing double payment or submitting invoice for double payment for the
supply of same materials or carrying out the same job/work.
(iii) If the vendor is non-responsive against our enquires for consecutive three times.
(iv)
(v)
Supplying defective materials and failure to replace the defective materials even after
reasonable extension is given to the firm for rectification/replacement of the defective
materials or carrying out defective/poor quality job, not conforming to specifications of
the contract and failure to rectify it within stipulated time.
Fails to execute a contract or fails to execute it as per terms of contract
(vi) When the required technical staff or equipments are no longer available with the vendor
or there is change in the production line of vendor.
(vii) If the vendor is declared bankrupt or insolvent or its financial position has become
unsound and in the case of Limited Company, it is wound up or taken into liquidation.
(viii) Or any other misdeeds which may cause financial loss or commercial disadvantage to
DVC
1.2 Implications of Removal:
(i) Once removed, the name of a firm/contractor may not be included/registered unless the
competent authority is satisfied that the said firm/contractor should be included in the list
of approved/known vendors/enlisted contractor.
(ii) Tenders received from a firm, whose name has been removed from the list of
approved/known vendors/enlisted contractors, but has not been suspended/banned may be
given the same consideration as is given to bidders in an open tendering process.
W& P Manual – 2012 Page 132

1.3 Procedure for Removal from the list of approved/known vendor/enlisted contractor
The Concerned Project Head not below the rank of Chief Engineer/CMM , on receiving
complaints from concerned departments, shall pass appropriate Order for removal of the
firm/contractor from the list of approved/known vendors/enlisted contractors after observing
following procedure :-
(i)
A Show Cause Notice will be issued by the afore stated authorities, indicating clearly and
precisely the charges/misconduct which should be based on facts as can be proved as
distinct from mere allegations.
(ii) The firm/contractors may be given a period of 30 days to submit their representations if any,
against the Show Cause Notice.
(iii) Thereafter, the appropriate orders for removal of the firm/contractor from the list of
approved/known vendors/enlisted contractors may be taken only after perusing the
representation of the firm/contractor, if any, received in reply to Show cause Notice
incorporating the reasons for taking such action.
(iv) In case no reply to show cause notice is received within 30 days, appropriate order for
removal of the firm/contractor shall be passed ex parte.
(v) The orders must specifically mention the fact that the reply to the Show cause Notice, if
any, has been considered by the said authorities,. The ex parte order shall contain the fact
that the reply to show cause notice has not been received within stipulated time.
(vi) The decision regarding removal shall be communicated to the firm/contractor concerned by
the authority passing in respect of removal.
(vii) Order in respect of removal will be circulated to all the deptt./offices / CVO of the
Corporation by the issuing authority. The decision of removal will be intimated to Corporate
IT Cell for removing the name from the web site.
1.4 Revocation:
An order for removal passed for a certain specified period shall be deemed to have been
automatically revoked on the expiry of that specified period. However, before expiry of such
specified period an order of removal may be revoked provided the competent authority passes
appropriate order to this effect. The competent authority in this case shall be higher than the
authority passing the order of removal.
4. Suspension of Business Dealings with the Firm/Contractor:
Suspension of business dealings with a firm/contractor irrespective of whether it is
known/approved or otherwise may be ordered by the concerned Chief engineer/Chief Materials
Manager (CMM), DVC, where pending full enquiry into the allegation, it is considered not
desirable that business with the firm, /contractor should continue. Such an order may be passed:
(i) If the firm is suspected to be of doubtful loyalty to India;
W& P Manual – 2012 Page 133

(ii) If the Central Bureau of Investigation (CBI) or any other investigation agency recommends
such course in respect of a case under investigation.
(iii) If a prima-facie case is made out that the firm is guilty of an Offence involving moral
turpitude in relation to business dealings which, if established, would result in business
dealings with it being banned;
4.1 Procedure for Suspension of Business Dealings:
(i)
A Show Cause Notice will be issued by the afore stated authorities, indicating clearly and
precisely the charges/misconduct which should be based on facts as can be proved as
distinct from mere allegations.
(ii) The firm/contractors may be given a period of 30 days to submit their representation if
any, against the Show Cause Notice or ex parte after expiry of the notice period.
(iii) Thereafter, the appropriate orders for suspension of the firm/contractor may be taken only
after perusing the representation of the firm/contractor, if any, received in reply to Show
cause notice incorporating the reasons for taking such action.
(iv) In case no reply to show cause notice is received within a stipulated time, appropriate
order for suspension of the firm/contractor shall be passed ex parte.
(v) The orders must specifically mention the fact that the reply to the Show Cause Notice, if
any, has been considered by the said authorities. The ex parte order shall contain the fact
the reply to show cause notice has not been received within stipulated time.
(vi) Order in respect of suspension will be circulated to all the deptt./offices including CVO of
the corporation by the authority imposing the suspension of business dealings to
firm/contractor.
4.2 Suspension as prelude to Banning:
The Competent Authority may suspend business dealings with the firm/contractor as a prelude to
banning after following the procedure as indicated in para 2.1. After issuance of order in respect
of suspension, a copy of such order along with self-contained note and all relevant documents
shall be forwarded to the Chief Vigilance Officer, DVC within 15 days of issuance of suspension
order for passing of appropriate order regarding banning of business dealings with the
firm/contractor.
4.3 Banning of Business Dealings with the Suspended firm/Contractor.
An order for suspension business dealings with a firm/contractor implies that all
departments/offices of DVC are forbidden from dealing with that firm/contractor till its
revocation.
5. Banning of Business Dealings:
Banning of business dealings with a firm/contractor irrespective of whether it is known/approved
or otherwise may be ordered by the Senior Chief Engineer /Chief Engineer /CMM DVC.
W& P Manual – 2012 Page 134

5.1 Grounds for Banning of Business dealings:
(i)
(ii)
If security considerations including question of loyalty to the state so warrant.
If there is strong justification for believing that the proprietor or employee or
representative of the firm/contractor has been guilty of malpractices such as Bribery,
corruption, fraud, sub situation of tenders, interpolation, misrepresentation, evasion or
habitual default in payment of any tax levied by law etc.
(iii) If the firm/contractor continuously refuses to return DVC dues without showing
adequate cause and DVC are satisfied that this is not due to reasonable dispute which
would attract proceeding in arbitration or court of law.
(iv) If the firm/contractor employs a government servant / DVC Officer, dismissed, removed
on account of corruption or employs a non-official convicted for an offence involving
corruption or abetment of such an offence, in a position where he could corrupt DVC
Officers
(v) Formation of price cartels with other suppliers/contractors/transporters with a view
to artificially hiking the prices.
(vi) Continuous failure to execute the job as per terms of the contract thrice.
(vii) If the firm/contractor misuses the premises or facilities of the DVC, forcefully occupies
or damages the DVC’s property including land, water resources, forests/trees or tampers
with documents/records etc.
3.2 Procedure for Banning of Business Dealings:
User department or Engineer in charge will move the case which will be processed by concerned
Material Head/ Chief Purchase Officer and put up to Competent Authority, Senior Chief Engineer
/Chief Engineer /CMM DVC.
(i) A Show Cause Notice will be issued by the Competent Authority indicating clearly and
precisely the charges/misconduct which should be based on facts as can be proved as distinct
from mere allegations.
(ii) The firm/contractors may be given a period of 30 days to submit their representation if any,
against the Show Cause Notice.
(iii) Thereafter, the appropriate orders for Banning of business dealings with the firm/contractor
may be taken only after perusing the representation of the firm/contractor, if any, received in
reply to Show Cause Notice incorporating the reasons for taking such action.
(iv) In case no reply to show cause notice is received within stipulated time, appropriate speaking
order for suspension of the firm/contractor shall be passed ex parte.
(v) The orders must specifically mention the fact that the reply to the show cause Notice, if any,
has been considered by the said authority. The ex parte order shall contain the fact that the
reply to show cause notice has not been received within stipulated time.
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vi) The entire process of banning be completed within three months from the date of show cause
notice.
5.3 Banning order shall specify:
(i) The specific period (permanent, if required) for which it will be effective;
(ii) The names of all the Partners, Directors etc. of the firm and its affiliates.
5.4 A copy of the order banning business dealings with a firm/contractor will be forwarded to the
authorities for its communication to the firm/contractor concerned and circulation top all the
procurement/contract deptt. of DVC in the following manner:
(i) Orders in respect of all the Technical deptts. except Civil Engineering Deptt. will be
forwarded to the Chief Materials Manager, Kolkata for its communication and circulation among
the following:
a. Firm/contractor concerned
b. All the technical sections of Plants
c. All the offices under is its control
(ii) Orders in respect of Civil Engineering Deptt. will be forwarded to the Chief Engineer
(Civil), Maithon for its communication to the firm contractor concerned and circulation among all
the concerned deptt./offices.
(iii) Orders in respect of deptts. Not falling under category (i) & (ii) above, will be forwarded to
the Additional secretary, Kolkata for its communication to the firm/contractor concerned and
circulation among concerned deptt./offices.
5.5 No contract of any kind whatsoever shall be placed with a banned firm/contractor including
its affiliates by any of the deptts./offices of DVC after the issuance of a banning order. Contracts
concluded before the issue of banning order shall, however, not be affected by the banning order.
Particular care should be taken to see that the same firm/contractor does not appear under a
different name to transact business with DVC. Even in cases of risk purchase, no contract should
be placed on a banned firm/contractor.
The name of the vendor/supplier, who has been banned, be hoisted in the DVC Web site by IT
Cell Under captioned BANNED VENDOR.
5.6 Revocation
An order for banning of business dealings passed for a certain specified period shall be deemed to
have been automatically revoked on the expiry of that specified period. However, before expiry
of such specified period an order of banning may be revoked provided the Senior Chief Engineer
/Chief Engineer /CMM DVC. passes appropriate order to this effect.
6. Appeal against Banning Order
6.1 The concerned member {Member (Tech/ Sec)}will be the Appellate Authority.
6.2 The vendor/ contractor may file an appeal against the order of the Competent Authority
banning business deal etc. The appeal should be filed to the Appellate Authority. Such an appeal
W& P Manual – 2012 Page 136

should be preferred within one month from the date of issue of the order banning business dealing
etc.
6.3 Appellate Authority would consider the appeal and pass appropriate order which shall be
communicated to the vendor/contractor as well as to the competent Authority.
W& P Manual – 2012 Page 137

PART-IV: FORMAT
FORMAT FOR OPEN TENDERING TO BE USED AS BID DOCUMENT / WEBSITE
PUBLICATION THE SAME MAY ALSO BE USED FOR LTE AFTER DELETING THE
NON-RELEVANT PORTIONS
DAMODAR VALLEY CORPORATION
(ESTABLISHED BY THE ACT XIV OF 1948)
NOTICE INVITING TENDER
NAME OF THE PLANT/OFFICE
ADDRESS OF THE PLANT/OFFICE
E-mail :
FAX :
Phone :
Tender No. Dated :
Sealed tenders in duplicate for Single/two part tendering are invited from manufacturers or
their duly authorised agents only, by
…………………………………………………………Damodar Valley Corporation, for
supply of …………….………………………………………………………………
……..……………………………………securely packed F.O.R Destination on door delivery
basis. Tender documents along with detailed specification can be obtained from the office of
………………………………… against Cash receipt issued from Accounts Deptt., DVC,
……………………………… …………………………………or Demand Draft/Banker’s
Cheque drawn in favour of Damodar valley Corporation payable at Kolkata / Head of the
Accounts of respective projects for Rs. ………..……… only per set on all working days upto
3.00 p.m. except holidays and first and last working days of the month. In case of e-
procurement the format is required to be downloaded from DVC Website for submission.
Cost of tender paper will be paid along with earnest money to be placed in the envelop –A.
failing which the offer may be rejected.
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Sealed Envelope containing tenders duly filled in should invariably be superscribed
Envelope ‘A’, ‘B’, ‘C’ (defined in detail in GCC {GENERAL CONDITIONS OF
CONTRACT} enclosed herewith) with “Tender No.
………………………………
……………………………………………… for supply of
………………………..…………………….………………………………………………………
…..…….……………… due on ……………………….
Prospective outstation Tenderers who intend to submit tenders, may obtain the tender
specification through post by remitting the prescribed cost of tender form and specification
plus RS. 100/- as postal charge by Demand Draft/Bankers Cheque drawn in favour of
Damodar valley Corporation payable at Kolkata / Head of the Accounts of respective
projects, to the (address of the Tender Inviting Authority). The Corporation will not accept
any liability for delay in receipt or non-delivery of Tender Forms despatched by post or
through courier. No tender documents will be sold on the date of opening. However, tender
documents will be supplied to firms registered with NSIC at free of cost against certified
copies (by Notary Public) of registration certificate from appropriate Govt. authority giving
details such as validity, stores, etc.
Tenders, in duplicate will be received by the ……..…………………………
…………………………………upto (specify time) on ………………………. and the same
will be opened in presence of representative of participating vendors on the same day at
(specify time). If the day is declared a holiday by DVC, then these activities will be taken up
on the next working day at the same time schedule. Tenders received in the office of the
Tender Inviting Authority after scheduled time and date fixed for the purpose will not be
considered at all and DVC authorities will not take any responsibility to accept any tender
which are received in his office late due to postal delay. When tenders are intended to be
submitted to the tender inviting authority by messenger/courier/speed post, these should be
submitted to the designated officer and thereafter it is to be kept in the designated place in
the office of the tender inviting authority. The names and designation of at least two officers
specially assigned for this purpose are to be mentioned here……………………….…….
Nobody in the office of the Chief Purchase Officer/Office of Tender Issuing Authority for
field formation other than those mentioned here is authorised to receive any tender or to
grant receipts for tenders delivered by hand.
Fully illustrated and descriptive literature and complete specification of the goods offered
should accompany the tender, where necessary sample should also accompany the tender.
W& P Manual – 2012 Page 139

All tenderers would be bound by the terms and conditions as detailed in tender
specifications by the DVC and enclosed GCC.
Once a set of tender specification is purchased by a prospective tenderer the price thereof
will not be refunded on any circumstances. Tender documents issued in the name of a party
is not transferable.
If any tenderer submits tender without purchasing a copy of the tender specification of the
DVC, their tender will be treated as irregular and will be rejected.
Orders placed by the Corporation will be guided by enclosed GCC and are also subject to
the following Terms & Conditions:-
TERMS & CONDITIONS
1) Unless agreed otherwise, the rates quoted by manufacturers must be (specify price basis,
firm/variable price) on FOR destination basis and in Indian Rupees and exclusive of Customs,
Import Duty (if applicable), sales tax, ED, F&I charges etc. These are to be quoted in an explicit
way. If the price quoted is the variable one, then it should be guided as per terms mentioned in
GCC Clause No. 08. Rates quoted for bought out items should be all inclusive price on F.O.R.
Destination basis. However, specific quantum of F&I charges, if any, to be spelt out clearly.
2) LD Clause and Risk Purchase Clause: It will be applicable as per Clause No. 22 of GCC.
3) Supplies must be strictly in accordance with specifications and/or drawings, samples etc.
furnished or approved by the DVC. For any deviation in respect of technical specifications and
commercial terms and conditions whatsoever, suppliers will be responsible. Bidders are requested
to go through the Clause No. 14 of GCC before submitting their offer.
4) Goods supplied will be subject to our inspection and approval before despatch and also on
arrival at the destination in case of payment against dispatch document through bank or where
stage inspection is required. Inspection before despatch will not however, relieve the supplier of
their responsibility to supply strictly in conformity with the specification and or drawing samples
etc. At least 15(fifteen) days clear notice should be given to the Indenting Officer, for arranging
inspection before despatch.
5) (i) The supplier will be held responsible for the stores not being sufficiently and properly
packed at his expenses for transport by rail, road and sea or air; so as to ensure them being free
from loss or injury at their destination. This will apply to Ex-Go Down offer also.
(ii) Each bale or package delivered under our order shall at the expense of the supplier be
distinctly marked with description and quantity of contents with the consignee’s name and
address with gross weight, with the name of supplier and with a distinctive number or mark which
is also to be shown for the purpose of identification of suppliers packing account.
(iii) Each bale or package shall contain a packing note quoting the number and date of our order
showing its contains in detail. If any part or parts fails to deliver the desired result or proved
defective within the guarantee period i.e. within 12 months from the date of commissioning or
W& P Manual – 2012 Page 140

18(eighteen) months from the date of supply, whichever is earlier owing to defects in design or
materials or workmanship, suppliers will have to replace them free of cost.
6) In accepting the order suppliers are understood to accept to all responsibilities for any
infringement in registered design, trade mark, patent rights etc.
7) Arrangements for Transit insurance, where necessary, normally be made by DVC and the
name of the Insurance Co. will be communicated to supplier If insurance be arranged by Supplier
without DVC’s prior written approval expenses will not be met by DVC. When insurance is
arranged by DVC goods are not be despatched until the name of the Insurance Co. is
communicated to the supplier.
8) Except where the Purchase Order specifies ‘Free delivery’, goods are to be delivered at
consignee’s store on ‘freight paid’ basis and in case of “freight to Pay” basis, freight charges to be
claimed against documentary evidence. Whenever freight to be paid for each truckload, the same
should be on full truck basis.
9) (i) Payment of the bills will be made by concerned Accounts Officer of the DVC attached to
the office of the consignee by A/C Payee Cheque within a reasonable time, normally not
exceeding 15 days from date of receipt of the materials at site or date of receipts of the relevant
bills, whichever is later except where other arrangement is made and expressly recorded on the
body of the Purchase Order. (Provision of part payment against part supply as per GCC may be
included here if agreed by the indenter)
(ii) The advance payment, in exceptional cases, may be given to the extent of 10% of total order
value which will be interest bearing at prevailing SBI base rate plus 3.5% against submission of a
Bank Guarantee of 110% amount (on amount of advance) and not less than 2 installments and
Bank Guarantee should have sufficient validity covering the full delivery period of the
consignment and final payment thereof. However rate of interest should be applied for calculation
of interest on the advance amount in reset basis (i.e. not fixed rate of interest, it may go on
changing during the period of advance remain unadjusted) based on the change of base rate time to
time.
10) Where a claim of Sales Tax/VAT is preferred and admitted, the supplier must satisfy that he
is a registered dealer under the Sales Tax Act and Possesses a Certificate of Registration in the
firms name in which the supply is made and shall in proof thereof, while submitting bills for
payment, furnish the number date and other particulars of such Certificate.
11) Earnest Money: Tender must accompany an “Earnest Money” of Rs. …………. Earnest
money should be deposited in the mode as described in Clause No. 6.0 of GCC. Tender without
Earnest Money in desired form will not be considered valid and therefore, be rejected.
12) Conditions of Forfeiture of EMD: As per Clause 7.0 of GCC will be applicable.
13) SECURITY DEPOSIT-CUM–PERFORMANCE GUARANTEE
Applicable as per Clause No. 23 of GCC.
SSI Units registered with NSIC, under its single point registration scheme, are exempted from
depositing Security Deposit for ordering value upto the monetary limit for which the unit is
registered. Small-scale industries seeking such exemption must enclose valid registration
W& P Manual – 2012 Page 141

certificate from appropriate Govt. Authority giving details such as validity, stores, monetary limit
etc. failing which exemption will not be granted.
However, these SSI units will have to submit Performance Guarantee for the materials to be
supplied as per DVC norms and to be submitted before the despatch of materials and no payment
will be affected till the acceptance of the same.
14. DELIVERY REQUIRED :-
a) Materials to be delivered to consignee:
i)Within
*ii) within
days of issuance of Purchase Order.
days of date of drawing approval.
Delete if it is not applicable for the tendered item. If the tendered item is to be supplied on the
basis of approved drawing only, clause No. (a) to be linked with Serial (ii) only.
The following needs to be inserted under this clause of NIT in filled up condition (to be furnished
by Indenting Officer along with the indent) in order to firm up the delivery schedule and to
identify the agency (DVC/Vendor) responsible for delay in delivery, if any, on execution of the
contract.
b) Drawing to be submitted to indenter for acceptance within days from date of
issuance of Purchase Order.
(‘Drawing’ means ‘Final Drawing’ which needs no further correction/alteration. Date of
submission of final drawing to be reckoned as the date of submission of drawing by the vendor.)
c) Approval of final drawing to be given by the indenting officer to the vendor within
days from the date of submission of the same by the vendor.
d) Inspection call (Fax/Post) to be given by the vendor to the consignee/indenting officer before
15(fifteen) days of readiness of material for inspection/testing at their works.
e) Inspector to be sent by the Consignee/Indenting Officer within 3(three) days of inspection date
as mentioned in the inspection call letter or within 7(seven days of date of receipt of inspection
call letter whichever is later.
f) Dispatch clearance to the vendor to be given by the Indenting Officer through Fax/Post within
5(five) days of date of inspection with a copy to consignee if not issued by the Inspection
Engineer after inspection.
g) Way Bill/Road Permit to be issued (by hand/post) by the consignee to the vendor (if not
handed over by the Inspection Engineer along with the despatch clearance) within 3(three) days
of issuance of despatch clearance/date of receipt of vendor’s request letter for the same.
15. QUALIFYING REQUIREMENT : (Submitted the proof of the following documents
before TC verification of the documents by L-1 bidder/s in support of the information furnished
by them with techno-commercial bid failing which the offer of L1 will be rejected with forfeiture
of EMD and banning bidder for one year from participating in future tenders.
W& P Manual – 2012 Page 142

THE REQUIREMENT SHOULD BE MENTIONED HERE AS PER QR SET BY TENDER
INVITING AUTHORITY.
a)
b)
c)
d)
e)
16. WARRANTY CLAUSE
Guarantee/Warranty Period as asked in indent.
INSTRUCTION TO BIDDERS (ITB)
01. Submit your tender in the following manner : Specify the number of envelopes (A, B, C)
alongwith the contents of the same in detail as per Tender Requirement (for one part/two part).
02. PRE-BID CONFERENCE:
(TO BE INCLUDED HERE IF DESIRED BY THE USER/PURCHASER)
The Bidder or his authorised representative may be invited to attend pre-bid conference before
submitting the offer at the following address :
…………………………………………………………………………………….…………….…
……………………………………………………………………
( Name & Address of the Owner )
The pre-bid conference shall be arranged on ………………………….(date, month, year) at
……………………………..(time).
The purpose of the conference will be to clarify any issues regarding the bidding documents in
general and the Technical specifications in particular and for quick disposal of the NIT.
The bidder is requested to submit questions in writing or by fax / e-mail to reach the Employer /
Owner at the address indicated above, not later than 2 days before the pre-bid conference.
Record notes of the conference including the text of the questions raised during pre bid and
through fax/ e-mail, responses given will be transmitted without delay to all prospective Bidders
who have purchased the Bidding Documents. Any modifications of basic technical specification
of the Bidding Documents, which may become necessary as a result of the pre-bid conference,
shall be made by the owner exclusively through an amendment of NIT and not through the record
notes of the pre-bid conference with suitable extension of tender sale period and tender
submission period.
Non-attendance at the pre-bid conference will not be a cause for disqualification of a bidder.
W& P Manual – 2012 Page 143

03. Before filling the offers, bidders are requested to go through the general conditions of
Contract, DVC in order to familiarize with DVC’s commercial terms & conditions, Cost
Compensations for deviations and bid evaluation procedure.
04. The Bidder is also advised to visit and examine the site where the facilities are to be installed
and its surroundings and will obtain on its own responsibility all information that may be
necessary for preparing the bid and entering into a contract for supply and installation of the
facilities. The costs of visiting the site shall be at the Bidder’s own expense.
05. DVC reserves the right not to accept the lowest rate quoted by a Tenderer and reject any or
all the tenders and to split up and award the P.O. to more than one tenderer without assigning any
reason thereof and may also increase the number of tendered quantities to be procured, as
stipulated in NIT.
06. On receipt of formal Purchase Order in duplicate, one copy shall be returned to the purchase
order issuing authority duly acknowledged with signature, seal of the firm with date as a mark of
acceptance of the contract.
07. Unsigned offer submitted by any bidder will not be considered valid.
08. If anyone is not in a position to quote for any reason, please send ‘regret’ letter positively.
09. Offer submitted through FAX/E-mail will not be accepted.
10. MODIFICATION AND WITHDRAWAL OF BIDS:
The Bidder may modify or withdraw its bid after submission, provided that written notice of the
modification or withdrawal is received by the owner prior to the deadline prescribed for bid
submission. In no case cost of the bidding documents will be refunded. The bidder’s
modifications shall be prepared, sealed, marked and despatched as per original offer with
superscribing the bid envelopes “BID MODIFICATIONS-ORIGINAL” and ”BID
MODIFICATIONS – COPIES”.
11. Self certified xerox copies of all relevant documents, wherever needed to be produced before
TC for verification. However, DVC reserves the right to call for original document, if needed
failing which the offer is liable for rejection.
12. DVC shall not be responsible in any way for any delay/difficulties/ inaccessibility of the
downloading facility from the website for any reason whatsoever.
13. The tenderers who are found to be indulging in changing /adding or deleting the contents of
the downloaded tender documents will be liable to face necessary action as deemed fit including
banning, suspension of business dealings etc.
14. In case of any discrepancies found between the downloaded tender documents from the
website and the master copy available in the office of the Tender Inviting Authority, the latter
shall prevail and will be binding on the tenderer(s). No claim/appeal on this account will be
entertained or given cognizance.
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15. Tenderers will be solely responsible for the correctness/genuineness of the downloaded
tender documents from the website. If the offer submitted through the downloaded tender
documents which are incomplete, or with changed contents, the offer will summarily rejected.
16. Quotation submitted by the tenderers through fax/telegrams/e-mail will not be considered
valid.
17. A notarise power of attorney, indicating that the persons using the digital signature/ the
persons signing the bid has/ have the authority to sign the bid and that the bid is binding upon the
bidder during the full periods of validity.
18. Settlement of disputes and Arbitration : It will be guided as per Clause No. 47 of enclosed
GCC.
19. All suits arising out of the enquiry and subsequent Purchase Order if any, are subject to the
jurisdiction in the City of Kolkata only.
Chief Purchase Officer/Tender Inviting Authority
For & on behalf of Damodar Valley Corporation
W& P Manual – 2012 Page 145

GENERAL CONDITIONS OF CONTRACT
1. DEFINITION:
The following terms and expressions used herein shall have the meaning as indicated therein:-
Purchase Order/The Contract: Shall mean the documents forming the tenders and acceptance
thereof together with the documents referred to therein including the conditions,
specifications/Scope of Work, designs, drawings and instructions issued from time to time by the
Purchaser/ Owner and all these documents taken together shall be deemed to form one contract.
Applicable Law : This contract including all matters connected with this Contract shall be
governed and construed in accordance with the Indian Law both substantive and procedural and
shall be subject to the exclusive jurisdiction of Indian courts at Kolkata (India).
Contract Price: It means the total price to be paid for the supply of materials/goods/services to
the consignee.
Supplier/Vendor/Contractor: Shall mean the registered individual firm, Company or Corporation
whether incorporated or otherwise to whom the Purchase Order/Work Order/LOA/LOI is
addressed and shall include its permitted assigns and successors.
Purchaser/Owner: Shall mean Damodar Valley Corporation, a statutory body established under
Act No. XIV of 1948 of GOI having its Corporate Office at DVC Towers, VIP Road, Kolkata –
700 054.
Party: It means the owner or the bidder, as the case may be, and ‘Parties’ means both of them.
Sub-Vendor/Sub Contractor : Shall mean the person/organization/firm named in the Purchase
Order/Contract for any part of the material/works to whom that part of the Purchase
Order/Contract has been sublet by the vendor with the consent in writing of the ‘Owner’ and will
include the legal representatives, successors and permitted assigns of such person.
Equipment/Stores/Materials: Shall mean and include equipment, stores & materials to be
supplied by the vendor under the contract.
Specification/Scope of Work : Shall mean the Specifications and Bidding documents forming a
part of the contract and also such other schedules and drawings furnished by purchaser/owner and
or as may be mutually agreed upon.
Guarantee/Warranty Period: Shall mean the period during which the vendor shall remain liable
to repair or replacement of any defective part of the Stores/Equipment/Materials supplied/works
executed under the contract.
2. REFERENCE:
The number of the concerned Purchase Order/Work Order/LOA/LOI must appear on all
correspondence, drawings, invoices, packing and shipping documents and on all documents or
papers connected with the Contract.
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3. SPECIFICATIONS AND DRAWINGS:
3.1 Any information, details etc. called for in the specification and not shown in the drawings and
vice-versa shall have the same effect and meaning as if called for and shown both in the
specification and drawings. In case of conflict between the specifications and drawings, the
decision of the Purchaser/owner or his duly authorized representative shall be final and binding.
3.2 STANDARDS :
The goods/materials supplied under this contract shall conform to the standards mentioned in the
Technical Specification, and, when no applicable standard is mentioned, the authoritative
standard appropriate to the goods/materials issued by the concerned institution and such standard
shall be the latest.
4. GENERAL INFORMATIONS:
4.1 Single Stage Bidding :
(a) One Part Limited/Open Tender: Bidders are requested to Submit their offer in sealed
envelope superscribing on it Enquiry/Tender No. and Date. Also indicate the Name and Address
of the firm; and date of opening on the envelope. In case, earnest money is required to be
deposited, the above envelope should contain two smaller sealed envelopes marked ‘A’ & ‘B’.
(i) Envelope ‘A’ superscribed on it “Earnest Money against Tender Notice No. and Date” should
contain the Earnest Money in desired form and also the cost of tender documents if the same is
downloaded from website in DD / Pay Order in favour of Chief Accounts Officer, DVC, Kolkata-
54, / Head of the Accounts of respective project.
(ii) Envelope ‘B’ superscribed on it ‘Techno-Commercial acceptance and Price Bid against
Tender Notice No. and Date” should contain quotation with price and other details.
(b) For two part Limited / Open Tender :
1. 3 ENVELOPE BIDDING:
(i) Envelope ‘A’ superscribed on it “Earnest Money @ Cost of Tender documents against
Tender Notice No. and Date” should contain Earnest Money in desired form and also the cost of
tender documents if the same is downloaded from the website in DD/Pay Order in favour of Chief
Accounts Officer, DVC, Kolkata-54 / Head of the Accounts of respective project.
(ii) Envelope ‘B’ superscribed on it Techno commercial bid against Tender Notice No. and
Date’ should contain required information for Qualifying Requirement as asked in the NIT
and acceptance of techno-commercial offers along with Deviation Schedule as per format given
in Annexure ‘C’.
(iii) Envelope ‘C’ superscribed on it “Price Bid against Tender Notice No. and Date” should
contain the Price Schedule along with the withdrawal prices for deviation, if any, as per format
given in Annexure ‘D’. This envelope will be opened only for techno-commercially and QR
complied bids based on the information submitted by the bidders at a date to be notified later on.
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2. 4 ENVELOPE BIDDING :
Bidders are requested to submit their offer in sealed envelope superscribing on it “Tender Notice
No. and Date”. Also indicate the Name and Address of the firm; and date of opening on the
envelope. Above sealed envelope should contain four smaller sealed envelopes marked ‘A’, ‘B’,
‘C’ & ’D’.
(I) Envelope ‘A’ superscribed on it “Earnest Money against Tender Notice No.
and Date” should contain Earnest Money in desired form and also the cost of tender documents if
the same is downloaded from the website in DD/Pay Order in favour of Chief Accounts Officer,
DVC, Kolkata-54, / Head of the Accounts of respective project.
(ii) Envelope ‘B’ superscribed on it ‘Q/R against Tender Notice No. and Date should contain
required information for Qualifying Requirement as asked in the NIT.
(iii) Envelope ‘C’ superscribed on it ‘‘Techno Commercial Bid against Tender Notice No. and
Date’ should contain acceptance of technical details and commercial terms along with
Deviation Schedule as per format given in Annexure ‘C’.
(iv) Envelope ‘D’ superscribed on it “Price Bid against Tender Notice No. and Date” should
contain the Price Schedule along with the withdrawal prices for deviation, if any, as per format
given in Annexure ‘D’. This envelope will be opened only for techno-commercially and QR
complied bids based on the information submitted by the bidders at a date to be notified later on.
5. BIDDING DOCUMENTS:
Each bidder shall submit with its bid the following attachments for single stage bidding :
Attachment 1: EMD/BID SECURITY. An EMD to be furnished in accordance with GCC Clause
No. 06 and cost of bid documents separately in DD if the same is downloaded from Website.
Attachment 2: Techno-commercial Terms & Conditions as per Format given in Annexure “A”
and Specification Booklet/Sheet.
Attachment 3: Price schedule as per Annexure “B”. The bidder shall also provide the withdrawal
price, if any, for withdrawal of techno-commercial deviations as per format given in Annexure
‘D’ along with the price bid.
Attachment 4: Deviation sheet – Deviations, if any, from the commercial terms and conditions
or Technical Specifications shall be listed ONLY as per format given in Annexure “C” and to be
enclosed with the Techno-commercial offer.
Attachment 5 : Information on supporting Documents as asked in support of the qualifying
requirements in accordance with this NIT.
Attachment 6 : Proforma and check list of Bank Guarantee against EMD.
Each bidders shall submit with its bids the following attachments for two stage bidding :
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Each bidder should respond for single stage bidding with
(i) 4-envelope (Two part tendering): Attachment 1 & 6 in envelope ‘A’, attachment 5 in envelope
‘B’, attachment 2 & 4 in envelope ‘C’ and attachment 3 in envelope ‘D’.
(ii) 3-envelope (Two part tendering): Attachment 1 & 6 in envelope A, Attachment 2, 4 & 5 in
envelope B and Attachment 3 in envelope C.
(iii) 2- envelope (1 part tendering ): Attachment 1 & 6 in envelope A and Attachment 2, 3, 4 & 5
in envelope ‘B’.
6. EARNEST MONEY DEPOSIT (IF APPLICABLE) :
Every tender must accompany ‘Earnest Money’ as mentioned in the Tender Notice/Enquiry in
desired form as mentioned below without which the tender will not be accepted. The Earnest
Money should be deposited in any of the following forms :-
a) E-payment mode has been enabled. The bidders can pay the cost of bid document and the
EMD through electronic mode i.e. credit card/ debit card/ net banking. Provision for NEFT/
RTGS has also been enable, moreover in case the bidder who do not have any credit card/ debit
card or net banking facilities can use NEFT/ RTGS facilities for payment by downloading the
challan from the web site and submit the same to nearest bank..
b) Earnest Money can be submitted in the form of Bank Guarantee from an Indian Nationalized
Bank / Schedule Bank / Foreign Bank (in the scheduled list of Reserve Bank of India),
irrevocable and operative till the validity of the offer as per enclosed Proforma.
Overseas bidder in case of participation is permitted to submit the Bank Guarantee from Foreign
Bank which are included in the scheduled list of Reserve Bank of India, copy of which is annexed
in Annexure-F. However, any Foreign Bank not mentioned here but subsequently included in the
scheduled list of RBI in the course of bidding shall be accepted. Such inclusion of Bank’s name
to be obtained from the website of RBI – www.rbi.org.in .
The Bank Guarantee currency shall be same as currency of Price Bid. In case the bidder arranges
to submit BG in INR from Nationalized or Schedule Bank through their trade relation and quote
the bid in USD/EURO, the same shall be accepted.
c) Earnest money can also be deposited through E-payment to Damodar Valley corporation ,A/c
No…………….. ,Name of prescribed bank........., branch..........., IFSC code No………., MICR
code No…………. The bidder is required to furnish the transaction reference No. for the e-
payment made to DVC.
d) DVC Bonds duly endorsed in favour of DVC.
e) Attested photocopy of certificate issued by DVC as permanent EMD account holder.
f) Post Office National Savings Certificate having face value equal to the EMD value and duly
endorsed in favour of DVC.
g) Pay Order/DD to be made in favour of DVC .
No Bank Guarantee shall be accepted for EMD amount upto Rs. 50,000/-However, EMD
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exceeding Rs.50000/- may be accepted in any of the above forms.
The offer accompanied by B.G. against EMD will only be considered valid on acceptance of the
Bank Guarantee. The offer not accompanied by EMD or specified EMD in proper form as
defined above shall not be considered as valid tender for opening provided necessary stipulations
are made in the NIT.
i) Earnest Money will be refunded only to the unsuccessful Tenderer within 15 days after
finalisation of Tender and no interest will be paid for the same.
ii) The amount of Earnest Money will be refunded to the successful tenderer, after acceptance of
their Security Deposit-cum-Performance B.G. / successful completion of the order.
iii) Small Scale Industries registered with NSIC shall be exempted from the payment of Earnest
Money. Small Scale Industries seeking such exemption must enclose valid registration certificate
from the appropriate Govt. authority giving details such as validity, stores etc., failing which
exemption will not be granted.
7. CONDITIONS FOR FORFEITURE OF EMD :
The EMD may be forfeited
1. In case the purchase order/work order is not executed by the vendor in full.
2. For failure of tenderers to accept the order / LOI / LOA placed within the validity period
of their offer,
3. Any bidder withdraws/varies his offer within the bid validity period before finalisation of
the tender.
4. If the bidder does not accept the arithmetical correction of its bid price.
5. For failure to submit security cum performance BG within 30 days from the last day of the
specified time limit as stipulated in the PO/LOI/LOA.
6. If the acceptance of order is not received within the stipulated period.
7. If the Bidder does not withdraw any deviation listed in Statement of Deviations at the cost
of withdrawal indicated by him,
8. If the Bidder refuse to withdraw, without any cost to the Owner, any deviation not listed
in Statement of Deviations but found elsewhere in the Bid,
9. On providing false or incorrect information in respect of qualifying requirement etc.
10. In case the L1 bidder for any item fails to produce the documents within the specified
period of 10 days in case of domestic tenders and 15 days in case of global tenders, or if
any of the information furnished by L1 bidder on-line is found to be false by the Tender
Committee during verification of documents.
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8. PRICE BASIS:
Price mentioned in the Purchase Order/Work Order/Turnkey Project Contracts shall be firm till
execution of the contract unless stated otherwise.
The bids may be invited either on ‘firm price basis’ or on ‘variable price basis’, but not on both.
Tender Inviting Authority may invite any or all the items / components in supply / works /
turnkey project tenders on ’variable price basis’ i.e. few items / components of a NIT may be on
‘variable price’ basis and remaining items / components of the same NIT may be on ‘firm price
basis’.
The bids may be invited on variable price basis. In such cases Standard Price Variation Formula,
based on PV formula published by IEEMA / CACMAI or similar recognised sources or adopted
by power utilities like NTPC / PGCIL etc shall be indicated in the bid document. Bid document
shall also indicate the standard source of different indices (for labour / material / exchange rate
etc.) used in the PV formula for purpose of calculation of variable component. The base date for
different indices for the purpose of calculating price variation will normally be considered 30
days prior to the last date of submission of price bid or as indicated in the bid document. The cut
off date for different indices in the PV formula for the purpose of calculating price variation may
be considered as 2 to 4 months ahead of scheduled delivery period or as decided by TIA to be
indicated component-wise in the bid document. The PV formula shall be stipulated by DVC in
the bid document with or without any ceiling limit as decided by Tender Inviting Authority. In
case of non-publication of applicable indices on a particular date, which happens to be applicable
date for price adjustment purposes, the published indices prevailing immediately prior to the
particular date will be applicable.
Such bids shall be evaluated on the basis of offered price without any loading on account of price
variation. In case a specific ceiling limit is mentioned in the bid document, payment shall,
however, be restricted to the actual extent of variation that would take place limited to the ceiling
limit. For bids on variable price basis without any ceiling limit, payment will also be effected on
actuals as per PV formula without any ceiling limit.
No price variation beyond scheduled contractual delivery/completion period will be allowed.
Where it has been There shall also be no price variation on the advance payment component, if
any.
In case of any bidder offering firm price against NIT stipulation of variable price basis or variable
price against NIT stipulation of firm price basis, it will be considered as deviation and bidder
shall declare the cost of withdrawal of the same along with the price bid, failing which the offer
will be considered unresponsive and to be rejected.
9. TAXES, LEVIES AND DUTIES :
Manufacturers / Contractors shall quote statutory taxes and duties (Sales Tax, VAT, Excise Duty,
E. Cess, Customs Duty, Service Tax, Municipal Tax, Octroi, Levies and any other duties) as
applicable against documentary evidence on the date of bid opening and shall be shown
separately in the offer. This shall be to the account of the Damodar Valley Corporation (DVC),
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unless otherwise mentioned in the Purchase Order /Work Order. Any upward/downward variation
in statutory taxes and duties after bid opening and up to the scheduled delivery period/work
completion period shall be to the Damodar Valley Corporation account. Since such statutory
taxes shall be on the account of DVC, benefits of any decrease in the same shall be retained by
the DVC irrespective of decrease taking place during period of submission of bid and opening of
bid. Taxes – duties shall always be paid at actual. Any upward variation in statutory taxes and
duties beyond the contractual delivery period/work completion period will not be paid by DVC if
the reasons of the delay are attributable to the vendor. Entry Tax / Octroi/ or any new taxes &
duties imposed by statutory bodies after opening of the bid as applicable will be to the account of
DVC at actual as per rate ruling within contractual delivery period/work completion period, if
applicable.
Changes in the tax rate dependant on the volume of turn over shall not come under the purview of
reimbursement and should be spelt out in the bid documents itself.
Bidders, other than manufacturers shall quote all-inclusive price up to the consignee’s end, clearly
indicating the quantum of CST/VAT, if applicable and F&I Charges embedded in all-inclusive
FOR Destination Price.
For turnkey contracts/any other similar contracts, the bidder shall quote price of all the items
manufactured by them and to be directly supplied to DVC with ruling rates of taxes and duties
which would be reimbursed at actual including variations, if any, against documentary evidence
at the time of supply, up to contractual completion period. All taxes and duties applicable on
materials / equipment supplied as finished goods to DVC through Sub-vendor / Sub-contractor as
bought out items are to be included in the price quoted by the bidder for such items, which will
remain firm throughout the pendency of the contract. This will also cover raw material,
component, special assembly procured for manufacturing finished goods, material/equipment to
be supplied to DVC either directly by the contractor or through Sub Vendor. However, taxes and
duties charged by the concerned State Govt. / Local Statutory Body for entry into the destination
state / site viz. (a) Octroi, (b) Entry / Exit Tax, (c) Additional Toll Tax, (d) Special Toll Tax, (e)
Turnover Tax etc. or any other taxes and duties having the same spirit and purpose shall be to the
account of DVC as applicable as per rate ruling within contractual delivery period/work
completion period.
Service Tax as applicable on service that are provided directly by the contractor to the DVC shall
be indicated separately in the bid price schedule with the ruling rate and will be reimbursed at
actual including variation, if any, up to contractual completion period, on production of
documentary evidence. However, Service Tax on services that is not provided directly by the
contractor to DVC viz., transportation, insurance etc. shall be included in the bid price itself and
shall not be considered separately.
Works Contract Tax (WCT) at the admissible rate wherever applicable , will normally be
included in bid price. DVC will, however, deduct WCT from the vendor’s bill/invoice and deposit
the same to the concerned authorities as per statutory provisions.
Beyond contractual completion period, DVC will normally accept lower of the tax liability either
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on the scheduled or actual date of completion unless the contractor is not responsible for the delay
and/or it is otherwise decided by the authority granting the extension of time. Changes in the tax
rate dependant on the volume of turn over shall not come under the purview of reimbursement
and should be spelt out in the bid documents itself.
For reimbursement of Sales / VAT / Service Tax, self-attested/notarized copy of registration
certificate will normally be accepted as documentary evidence.
In case of change of source of supply from Sub Vendor to bidder or Sub Vendor to contractor (if
approved by DVC), no additional payment shall be made by DVC towards reimbursement of
taxes and duties as they are deemed to be included in the contract price.
In the event of change of source of supply from bidder/contractor to Sub Vendor (if approved by
DVC), taxes and duties will be reimbursed at actual against documentary evidence restricted to
the amount of taxes and duties as originally payable to the bidder in terms of the contract.
10. DISCREPANCIES IN THE BID &TREATMENT THEREOF:
The bids shall also be checked for computational error, if any, to arrive at the computed price, as
per provisions in the following:
• In case of discrepancy between the original and copies of bid, the original bid will be considered
correct.
• If there is a discrepancy between the unit price and the total price, which is obtained by
multiplying the unit price and quantity of any item, or between sub-total and the total price, the
unit or sub-total price shall prevail, and the total price shall be corrected accordingly.
• If there is a discrepancy between words and figures, the amount in words will prevail.
• If there is a discrepancy between the quantity specified by DVC in the bidding document and
that indicated by the bidder in his bid, the former shall be taken to arrive at the computed price on
pro-rata basis.
• In case the unit rate of an item is not quoted but the total price is indicated, the same shall be
taken to arrive at the computed price. The computed price arrived at, as above, shall be
considered for the purpose of award also.
• If the bidder does not accept the correction of errors as worked out by above methodology, its
bid will be rejected and the earnest money will be forfeited.
11. OFFER VALIDITY:-Quotation must be kept valid for at least 90/180 days or as decided by
Tender Inviting Authority from the date of opening of the Enquiry / Tender and to be indicated in
the NIT. If any bidder offers bid having validity shorter than that asked in the NIT, bid should
not be rejected outrightly. Bidder should be persuaded to accept NIT stipulation.
12. CLARIFICATIONS ON BID DOCUMENT:
Bidder may seek clarifications on the bidding documents (GCC + SCC, if any + Technical
Specification Booklet + NIT {Tender Notice} along with annexure + Proforma & Check List of
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BG against EMD), if required, upto 7 days before the scheduled bid opening date. Any
clarification sought by the bidders must be sent in writing to the Tender Inviting Authority.
Besides this, a Pre-bid Conference may also be held at the Tender Iinviting Office at the
discretion of Tender Inviting Authority. If agreed by Tender Inviting Authority, date, time and
place for holding the Pre-bid Conference to be mentioned in the bidding document (NIT).
13. AMENDMENT OF BIDDING DOCUMENTS :
At any time prior to the deadline for submission of bids, the owner may, for any reason, whether
at its own initiative, or in response to the clarifications requested by the prospective Bidders,
amend the bidding documents except QR after due approval of Tender Inviting Authority.
The amendment will be notified in writing or by telephone/fax/e-mail to all prospective Bidders
that have received the bidding documents and will be binding on them. Bidders are required to
immediately acknowledge receipt of any such amendment, and it will be assumed that the
information contained therein have been taken into account by the Bidder in his bid.
In order to give reasonable time to prospective bidders to take the amendment into account in
preparing their bid, the owner may, at his discretion, extend the deadline for the submission of
bids.
Any addendum/corrigendum/extension, if required, pertaining to Open NIT published through
press advertisement will be hoisted in DVC website only and will not be published in Newspaper
again. Bidders may be requested to visit DVC website regularly for any
addendum/corrigendum/extension till opening of said NITs. This stipulation to be incorporated in
the original press advertisement for the NIT.
In case of change in technical parameter/ specification/ scope of work, selling and submission
date to be extended.
14. COST COMPENSATIONS FOR DEVIATIONS :
Deviations specifically declared by the bidders in the respective Deviation Schedules of as per
Annexure C (to be submitted along with techno-commercial offer) and respective cost of
withdrawal of such deviation as per Annexure D (to be submitted along with the price bid)
only will be taken into account for the purpose of evaluation. The bidders are required to declare
the prices for the withdrawal of the deviations declared by them in the Deviation Schedules. Such
prices declared by the bidders for the withdrawal of the deviations in the Deviation Schedules
shall be added to the bid price to compensate for these deviations. In case prices for the
withdrawal for declared deviations are not furnished by the bidder, their offer will be considered
as unresponsive and will be rejected. In case the bidder refuses to withdraw the deviations at the
cost of withdrawal indicated by the bidder in the Deviation Schedules, the bid Security / EMD of
the bidder may be forfeited.
Bidders may note that deviations, variations and additional conditions etc. found elsewhere in the
bid other than those stated in the Deviation Schedules, save those pertaining to any rebates, shall
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not be given effect to in evaluation and it will be assumed that the bidder complies to all the
conditions of Bidding Documents. In case bidder refuses to withdraw, without any cost to the
Owner, those deviations which the bidder did not state in the Deviation Schedules, the bid
security of the bidder may be forfeited and the bid is liable for rejection.
Bidders are requested to quote the technical parameters/ guaranteed technical particulars of the
quoted item as per specification sheet/booklet enclosed with the bid document.
(ii) Bidders are requested to offer their commercial terms and conditions as per Annexure-A
attached herewith.
(iii) Manufacturers are requested to offer their pricing as per Annexure - B attached herewith.
15. PRICE BID EVALUATION PROCEDURE:
Offered bids from any manufacturer will be evaluated in the following methodology. Bids from
other than manufacturer to be evaluated by deleting the respective components which are not
applicable to them, namely, ED, Cess, P&F charges etc.
Original Basic Price : Ex-Works Price (Rs.) = Rs .….………..
+Packing & forwarding charges, if any
: ……% on basic price only
+Excise Duty : ……% on ( Basic Price + P & F )
+Education Cess
: …… % on ED
+Sales Tax/VAT : .......% on ( Basic Price + P & F + E.D.+ Cess )
+Freight
: …….% on ( Basic Price + P&F ) or any
lump sum value
(In case the bidder fails to quote any value, or quotes as per actual, the bid evaluation will
be done on the basis of highest quoted freight charges by the other bidders.)
+Insurance
: ……..% on ( Basic Price + P & F + E.D. + Cess + S.T.)
or any other value against documentary evidence
or actual premium in case of DVC’s Open Policy
(presently it is 0.0112% of basic price).
+ Cost of withdrawal price : As declared by the bidder in annexure-D with the price bid.
for declared deviation
+ Highest quoted price of Other bidders, :
in case the Bidder fails to quote the Mandatory items
or description of item not as per our specification *
+ Type test charge/3 rd Party Inspection Charge :
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as per our QAP with applicable taxes and duties, if any *
+ Loss capitalization charges, if any* –
+ Any Other taxes and duties, such as TOT, Entry Tax, Municipal Tax
etc. as applicable **
= Total Evaluated Price
In case of independent items, evaluation is to be made item-wise and to be clearly spelt out in
NIT under the evaluation process.
The liability of DVC shall be as per actual ED and E-Cess as applicable at the time of despatch,
subject to production of documentary evidence by the manufacturer (bidder). Further the rate of
ED shall be restricted to as applicable within the contractual delivery period only. Increase in ED
rate, if any due to delay in supply beyond the contractual delivery period shall not be payable by
DVC if the reasons for delay is attributable to the vendor only. However, the benefit of any
decreases in ED shall be passed on to DVC.
For tenders with lot of components/items, if any bidder fails to quote against a particular
component/item or when the quoted item description is not as per NIT, the respective bid will be
evaluated by loading the highest quoted price of that particular component/item of other eligible
bidders. However order to be placed on rate negotiation of the subject item with L-1 bidder.
If any bidder offers lesser quantity than the BOQ as stipulated in NIT against a particular
component / item, the respective bid will be evaluated by loading on pro-rata basis.
The lines with * mark may be deleted wherever not applicable.
** = { Rate as on date of bid opening to be taken. }
If a tenderer is exempted from payment of excise duty ED upto any value of supplies, or is
entitled to concessional rate/quantum of ED, and has not stated that no ED will be charged by him
upto the limit of exemption and has not indicated the concessional rate/quantum of ED leviable in
respect of the tendered supplies but has made stipulation like, excise duty presently not
applicable, but the same will be charged, if it becomes leviable latter on, the quoted price should
be loaded with the quantum of excise duty with education cess which is applicable on the item as
on the date of bid opening for the purpose of bid ranking.
In respect of imported stores, when foreign bids are received in different currencies, conversion
of foreign currency into rupees is to be done taking into account T.T selling rate of State Bank of
India on the date of opening of price bid.
In respect of Works/services contract, applicable service Tax with Education Cess to be loaded
for evaluation of bids, if not specifically mentioned the same in the off
16. INSPECTION / CHECKING / TESTING :
All materials/equipments manufactured/supplied by the vendor against the Purchase
Order/contract shall be subject to inspection, check and/or test by the Purchaser or his authorised
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epresentative. All these tests shall be carried out in the presence of Owner and/or his authorized
representative. Vendor shall notify the Purchaser at least 15 days in advance when the material /
equipment is ready for inspection. If upon delivery, the material / equipment does not meet the
specifications / samples, the material / equipment / spares shall be rejected and vendor to be
intimated for necessary repairs / modification etc. or for replacement. In such cases all expenses
including to-and-fro freight, repacking charges etc., if required, shall be to the account of the
vendor.
Inspection by Purchaser and / or his authorized representative or failure by the Purchaser and/or
his authorized representative to inspect the material / equipment shall neither relieve the Vendor
of any responsibility or liability under this Purchase Order / contract in respect of such material /
equipment nor be interpreted in any way to imply acceptance thereof by the Owner.
Whenever specifically asked for by the Owner/Purchaser and/or his authorized representative, the
Vendor shall arrange for inspection/testing by the Owner or third party authorised agencies as
stipulated in the Purchase Order / contract. In such cases Vendor shall adhere to the inspection /
testing procedure laid down by such agencies. All expenses including inspection fees shall be to
the Purchaser account unless agreed to the contrary and specified in the Purchase Order/contract.
17. ACCESS TO VENDOR’S PREMISES :
The Owner and/or his authorized representative shall be provided access to Vendor’s and/or his
sub-vendor’s premises at any time during the pendency of the Order/contract for expediting
inspection, checking etc. of work.
18. TRANSIT INSURANCE & REMOVAL OF REJECTED GOODS AND
REPLACEMENT ;
The items to be supplied have to be covered by Insurance during transit from vendors works/
site/ godown upto the consignee’s respective project/formation/ store. It is mandatory to avail
DVC’s Open Insurance Policy for all concerned for all O&M Projects and all other installations.
In Turnkey Project Contracts, the bidders have to supply materials / equipment from the vendors
approved by DVC (which may also include the bidder as manufacturer of the product), which is
normally firmed up after placement of order. The quoted freight & insurance charges for this
purpose are, therefore, irrespective of the vendors and geographical locations of their works. The
bidder is, therefore, entitled to the fixed freight & insurance charges and no documentary
evidence in support of the claim may be insisted upon and hence Mega Risk Policy would not be
applicable for them.
18.1 If upon delivery to consignee’s go-down, whether inspected and approved earlier or
otherwise, the material / equipment is not found in conformity with the specifications, the same
shall be rejected by the Purchaser or his duly authorized representative and notification to this
effect will be issued to the Vendor normally within 30 days from the date of Receipt of the
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material at the Works / Site / consignee’s end.
The Vendor on receipt of notification shall arrange removal of the rejected items within 15 days
from the date of notification at his own cost. In the event the Vendor fails to lift the materials
within the said 15 days, the consignee or his authorised representatives without any further notice
or information to the vendor, shall be at liberty to dispose of such rejected items in any manner
as he may think fit. All expenses shall be recoverable from the Vendor.
18.2 In the event, the equipment and materials or any portion thereof are damaged or lost during
transit, the consignee or his authorised representatives shall give notice to the Supplier/vendor
detailing the particulars of such equipments & materials damaged or lost during transit. The
replacement of such equipment and materials to be effected by the supplier / vendor free of
costs including handling and transportation charges upto site, within a reasonable time.
19. TERMS OF PAYMENT:
For purchase order involving supply only, payment terms will be as below:
100% payment alongwith full taxes & duties will normally be made by the purchaser/Owner to
the Vendor through A/C Payee Cheque /RTGS within 15 working days from the date of receipt of
material at site and after inspection & acceptance thereof or from date of receipt of invoice
whichever is later. The consignee would arrange for inspection of the supplied items. All
documents relating to payment would be checked and verified and to be passed by the concerned
Accounts Office before effecting payment, with reference to the P.O./ LOI /LOA.
However, payment terms for POs placed directly on manufacturer /authorised dealer may also be
done as below :
90% of the ordered value to be paid against despatch documents through bank subject to prior
acceptance of SDBG, if applicable. Balance 10% of the ordered value to be paid after receipt of
materials at site and acceptance thereof.
Provision of part payment against part supply of consignment at consignee’s end may be
incorporated in Purchase order on the merit of the case (only if the part consignment can be used
independently), provided necessary stipulation is made in the bid document.
The payment terms for any works/service contract may be regulated as below :
90% of contract price for works/service contract against RA bills. This also includes initial
advance, if any. Remaining 10% after completion of the contract.
The payment terms for supply and erection & commissioning for any Turnkey
contracts/packages may be regulated as follows :
1) Supply portion only :
70% of the Ex-works price /ordered value of supply (of bought out items also) with full taxes and
duties as applicable after adjustment of advance, if any, will be paid against proof of despatch
(viz. R/R, L/R) , detailed invoice / packing list, warranty certificate, test certificate ,insurance
policy / certificate, dispatch clearance .
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20%of the Ex-works price / ordered value of supply (in case of bought out items also) after
receipt of the materials and inspection and acceptance at site. Remaining 10% after complete
erection and commissioning & testing and handing over.
However, for spares, balance 30% shall be paid after receipt of materials and inspection &
acceptance at site.
2) Erection & Commissioning :
90% of contract price for Erection & commissioning against RA bills. This also includes initial
advance, if any. Remaining 10% after complete erection and commissioning & testing and
handing over.
3) Payment terms in respect of imports will be regulated as below :
100% FOB price less Indian Agency Commission in Rs, if any, shall be paid against presentation
of shipping documents as called for in the purchase order through irrevocable LC. The Indian
Agency Commission in Rs, if any, shall be paid within 30 days of receipt of material at the
consignee end.
In case of direct import without involvement of Indian agency, 90% of FOB price will be paid
against presentation of shipping documents as called for in the purchase order through irrevocable
LC. Remaining 10% after receipt of materials by consignee in good condition.
MOBILZATION ADVANCE:
Advance payment is normally discouraged. In exceptional circumstances, interest-bearing
advance to the extent of 10% of contract price may be given against submission of a BG taken
towards security of the advance should be atleast 110% of advance so as to recovery of not only
principal amount but also interest portion if so required.
The BG wherever applicable should be valid upto the date of completion of works/supply and
acceptance thereof.
Advance should not be paid in less than two installments except in special circumstances for that
reasons to be recorded.
A clause in the tender enquiry to be incorporated that the interest free advance would be deemed
as interest bearing advance at a base rate of SBI plus 3.5% if the contract is terminated due to
default of the contractor. However rate of interest should be applied for calculation of interest on
the advance amount in reset basis (i.e. not fixed rate of interest, it may go on changing during the
period of advance remain unadjusted) based on the change of base rate time to time.
Advance should be recovered within the original completion time.
OTHER ADVANCE:
Provision for 100% advance (interest free) may also be allowed in dealing with procurement on
single tender basis from CPSU/Govt. controlled autonomous Organisation / Universities /
Laboratories/ Reputed Private Manufacturer as OEM etc.
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The payment of advance is normally discouraged. The advance payment, in exceptional cases,
may be given to the extent of 10% of total ordered value against submission of a Bank Guarantee
of equivalent amount (on account of advance) and the same should have sufficient validity
covering the full delivery period / full completion period and final payment thereof. Rate of
interest of advance should be package specific and commensurate with the market rate.
PAYMENT THROUGH RTGS/NEFT
All payments to the vendors will be released through RTGS/EFT only.
Vendors are requested to submit the requisite details as per Annexure E.
The contractor/vendor shall furnish the following certificate to the Paying Authority along with
each invoice/bill against payment for supplies made against any supply order/RC with longer
completion period (more than a year), if the same is placed on firm price basis. ‘I / we certify that
there has been no reduction in the sale price of the stores of description identical to this item,
supplied to any person/organization and such stores have not been offered/sold by me/us to any
person/organization at a price lower than the price charged under this contract upto the date of
this bill.’
20. ADDITIONS / ALTERATIONS / MODIFICATIONS :
The Owner reserves the right to make additions/reduction/ alterations/ modifications to the
quantity of the items in the Purchase Order. The Vendor shall supply such quantities also at the
same rate as originally agreed to and incorporated in the Purchase Order. If, however, the
additional supply is at variance with design, size and specifications and not already covered by
the Purchase Order or the amendments therein, the rates for such additional supply shall be
negotiated and mutually agreed upon.
21. DELIVERY SCHEDULE / COMPLETION PERIOD :
Time is the essence of this contract and normally no variation shall be permitted in the
completion time/delivery schedule mentioned in the Order/contract unless an amendment in this
regard is issued by DVC. Time extension may be issued on specific request/reason provided such
request is communicated to the Order Issuing Authority before the expiry of the stipulated
delivery schedule/completion period. Date of delivery of materials/goods is to be reckoned as the
date of receipt of same by the consignee.
22. LIQUIDATED DAMAGES FOR DELAY IN DELIVERY /COMPLETION OF
WORKS:
22.1 The time remains the essence of any contract/ purchase order awarded by DVC and all
supply under a Purchase Order/all deliverables under a Work Order needs to be completed within
the stipulated time schedule.
The Contractor shall commence work on the Facilities from the date of Notification of Award.
The Contractor shall thereafter proceed with the Facilities in accordance with the time schedule
specified in Time Schedule to the Contract Agreement.
Therefore, the provision has been kept in the contract that in case of delay in completion/delivery,
for the reasons attributable to the contractor/ vendor, owner reserves the right to recover from the
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contractor/vendor, a sum equivalent to 0.5% of the value of the delayed materials / equipment /
spares / work for each week of delay and part thereof subject to maximum of 5% of the total
value of the order as Liquidated Damage (LD).
In cases, where the works/supply/services extend beyond the contractual completion
schedule/delivery period and provisional extension order is issued without deciding on the
application of LD, no amount from the RA bill will be deducted as “withheld LD” amount in case
where adequate retention payment (over and above SD) remains with DVC as per terms of the
contract.
22.2 Alternatively, the Purchaser reserves the right to purchase/outsourced the
material/spares/equipment/ works /service from elsewhere at the sole risk and cost of the Vendor
and recover all such extra cost incurred by the Purchaser in procuring the material/ works/service
by the above procedure.
22.3 Alternatively, the Purchaser may cancel the Order/contract completely or partly without
prejudice to his right under the alternatives mentioned above.
22.4 In the event of recourse to alternative 22.2 and 22.3 above, the Purchaser will have the right
to re-purchase/ outsource the stores/works &service, to meet urgency in requirement caused by
Vendor’s failure to comply with the schedule of delivery/ completion of the work, irrespective of
the fact whether the materials/equipments/works/service are similar or not.
23. SECURITY DEPOSIT-CUM-PERFORMANCE GUARANTEE:
• No Security Deposit-cum-Performance Guarantee is required for contract value upto Rs. 5 lacs
when 100% payment is released after full execution/ completion of the contract.
• Security Deposit may be given in the form of BG of 10% ordered value
or10% ordered value in Advance in the form of Bank Draft.
At the discretion of Tender Inviting Authority for any site packages/procurement upto Rs. 100
lacs /, security deposit may be recovered as.,Pro-rata deduction @ 10% from the running
bill/submitted invoice .
• Pro-rata deduction @ 10% is also allowed as SD for scheduled upward variation on account of
variation of scope/quantity/price for any value of contract irrespective of instrument used for
original SD.
For all other cases, the successful tenderer will have to deposit as security, for satisfactory
execution of the order, and for guaranteed performance of the supplied item/executed works or
services for an amount equivalent to 10% of the ordered value in the form of Bank Guarantee (as
per DVC format) within 30 days from the date of issuance of Purchase Order/Work Order, from
any Nationalised / Scheduled Bank and it should have validity initially for 18 months from the
date of execution of BG plus 6 months claim period thereafter. The said BG should be extended
suitably covering the entire warranty period plus 6 months claim period after despatch of
materials.
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For turnkey projects/project contracts, this SDBG should have the validity covering the entire
warranty/guarantee period plus six months claim period thereafter and to be submitted within 30
days of issuance of W.O. / LOA / LOI.
The amount so deducted /accepted as SD to be refunded to the bidder after completion of
warranty/guarantee period as mentioned in the contract.
No payment, whatsoever will be made till the acceptance of SDBG/deposit of initial SD as the
case may be as per the terms of the contract.
In case banks refuse to issue BGs having Claim Period separately, the validity period of those
BGs may be taken as warranty period plus six months.
However, for ordered value above RS. 100 lakhs, Security Deposit in the form of Bank Guarantee
shall only be acceptable.
SSI Units registered with NSIC, under its single point registration scheme, are exempted from
depositing Security Deposit for ordering value upto the monetary limit for which the unit is
registered. Small-scale industries seeking such exemption must enclose valid registration
certificate from appropriate Govt. Authority giving details such as validity, stores, monetary limit
etc. failing which exemption will not be granted.
However, these SSI units will have to submit Performance Guarantee for the materials to be
supplied as per DVC norms and to be submitted before the despatch of materials and no payment
will be effected till the acceptance of the same.
In case of acceptance of SD in the form of Demand Draft or pro-rata reduction from running
bills/submitted invoices, the amount so accepted/deducted as SD may be refunded to the vendors
after submission of acceptable BG of equivalent amount valid till expiry of warranty/guarantee
period plus six months claim period or valid covering warranty/guarantee period plus six months.
24. PURCHASE PREFERENCE :
At present DVC, an autonomous body under Ministry of Power, GOI is granted exemption from
Purchase Preference Policy vide GOI OM dated 18-07-2005. However, any change in Govt.
Policy/Directives on this subject will be applicable.
25. SOURCE OF SUPPLY :
The Vendor shall ensure that the indigenous capacity is utilized to the fullest extent possible in
execution of the order. Where the imports are unavoidable, the Vendor shall import all such items
in good time against his own import licence without affecting the contractual delivery schedule.
26. PATENT RIGHTS :
Royalties and fees for patents covering materials/equipments/ spares or processes used in
executing the work shall be to the account of the Vendor. The Vendor shall satisfy all demands
that may be made at any time for such royalties and fees and he alone shall be liable for damages,
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infringement and shall keep the Purchaser indemnified in that regard in the event of any
equipment / spares / material or part thereof supplied by the Vendor is involved any suit or other
proceedings held to constitute infringement and its use is enjoyed, the Vendor shall, at his own
expenses, either procure for the Purchaser the right to continue the use of such
equipment/spares/material replace it with a non-infringing material / spares / equipment or
modify it so it become non-infringing.
27. FORCE MAJEURE :
Vendor shall not be considered in default if delay in delivery occurs due to causes beyond his
control such as acts of God, natural calamities, civil wars, fire, strike, frost, floods, riot and acts of
unsurpassed power. Only those causes which have duration of more than seven (7) days shall be
considered cause of force / calendar majeure. A notification to this effect duly certified by the
statutory authorities shall be given by the Vendor to the Owner within 10 days from the date of
such Force Majeure condition by registered letter. In the event of delay due to such causes, the
delivery schedule will be extended for a length of time equal to the period of force majeure or at
the option of the Owner the order may be cancelled. Such cancellation would be without any
liability whatsoever on the part of the Owner. In the event of such cancellation, the Vendor shall
refund any amount advanced or paid to the Vendor by the Purchaser and deliver back any
materials issued to him by the Purchaser and release facilities, if any, provided by the Purchaser.
However, applicability of Force Majeure Clause in respect to a particular contract in the above
backdrop is to be decided by Tender Accepting Authority.
28. CANCELLATION/SHORT CLOSURE:
The Owner may terminate/short close the contract, by not less than 30 days’ written notice to the
bidder, to be given after occurrence any of the events specified in the Sl. No. (a) to (e) of this
clause and 60 days in the case of the event referred to Sl. No. (g), (h) & (f) below :
a) The Vendor fails to comply with any of the terms of the Order or the bidder do not remedy a
failure in the performance of their obligations under the Contract, within thirty (30) days after
being notified or within any further period as the Owner may have subsequently approved in
writing.
b) The Vendor becomes bankrupt or goes into liquidation.
c) If as a result of Force Majeure, the Bidder is unable to supply a material for a period of not less
than 60 days.
d) If the Bidder, in the judgment of the Owner has engaged in corrupt or fraudulent practices in
competing or in executing the Contract. For the purpose of this clause:
e) “Corrupt Practice” means the offering, giving, receiving or soliciting of any thing of value to
influence the action of a public official in the selection process or in contract execution.
f) “Fraudulent Practice” means a misrepresentation of facts in order to influence a selection
process or the execution of a contract to the detriment of the Owner.
g) The vendor is otherwise precluded from complying with any of the terms of the order on
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account of any directives of any lawful authority.
h) If the Owner, at its sole discretion, decides to terminate this Contract.
DVC reserves the right not to issue tender documents to any intending bidders with whom
DVC has stopped entering into business by virtue of policy decision.
29. OWNER SUPPLIED MATERIALS (OSM):
In turnkey contracts/Work contracts, there are occasions where DVC supply some of the
materials/equipment to the contractor free of cost, for erection. The contractor shall arrange
proper storing and insure against all risks for such OSM. The contractor shall furnish indemnity
bond for the total value of OSM.
30. RECOVERY OF EXCESS CONSUMPTION:
Rate of recovery (for excess consumption of OSM exceeding allowable wastage) for OSM may
be determined on the basis of latest PO with storage charge (wherever incurred) / 15% service
charge and price variation, wherever applicable (only positive variation to be considered without
any ceiling) as on date of commissioning of OSM after erection.
The contractor may be allowed to replenish the excess consumed materials from the sources
approved by DVC. However, if the OSM has to be issued through additional procurement on
demand of the contractor because of excess consumption of his/their part, replacement of such
additional quantity may not be allowed at the discretion of DVC and the same will be recovered
as per procedure described above. In case penal recovery is considered to be expedient in respect
of any critical equipment, the same shall be provided in the contract/bid document only after
obtaining approval of HOD/Director.
In case of issuance of any Tools and Plants, the contractor should return the same in as received
condition.
31. ELIGIBILITY CRITERIA OF JOINT VENTURE/ASSOCIATES IN TURNKEY
CONTRACT:
i) The bidder shall be a joint venture company incorporated in India and registered under the
Companies Act 1956, provided that eligibility criteria of individual bidder mentioned at NIT is
met by one of the promoters or jointly by more than one promoter. Each promoter company on
the basis of whom the joint venture company gets qualified shall have minimum 26% equity in
the JV company. The equity shall be locked in at least for a period of 5 years from the date of bid
opening or till the completion of the warranty period of the project whichever is later. The bidder
and the promoter company (ies) on whose strength the JV company is qualified, shall be jointly
and severally liable for the execution of the contract and an undertaking to this effect shall be
submitted along with the bid. In case of award, the said promoter company (ies) shall be required
to give separate on demand bank guarantee for an amount equal to 1% of the total contract price
in addition to the contract performance guarantee of 10% of contract value to be furnished by the
bidder. NO JVC partner shall be allowed to bid independently or as a member in a consortium for
this bid.
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ii) Bidders may take part in the bidding process with associates, provided he associates with a
single firm for covering the any deficiency of QR part of individual bidder specified at NIT. In
such a case the bidder shall furnish undertaking jointly executed by him and his associate for
successful performance of the relevant system along with the bid. In case of award, associate shall
be required to furnish bank guarantee for 5.0% (five percent) of contract price of the work value
in addition to the contract performance guarantee of 10% (ten percent) of contract value to be
furnished by the bidder.
iii)In case, bidder is a JVC and does not meet financial requirements stated at NIT, the financial
capability of at least one of the JVC partners on whose experience the qualification is sought,
shall meet the financial QR.
The lead partner shall be authorized to incur liabilities and receive instruction for and/or on
behalf of partners of Joint Venture and the entire execution of the contract including receipt of
payment shall be done exclusively through lead partners. The authorization shall be authenticated
by submitting power of attorney signed by the legally authorized signatories of all the partners as
per approved proforma of DVC.
iv)All the partners of the Joint Venture Companies shall be liable jointly and severally for the
execution of the contract, if awarded, in accordance with the settled terms & conditions and a
copy of agreement entered into by the Joint Venture partners having such provision shall be
submitted with the bid. A statement to this effect shall be included in the authorisation mentioned
under (IV) above.
v) The Joint Venture of the firms shall furnish all the required information as asked for in the NIT
/ GCC / Specification in respect of each of their partners in their bid. In case of successful bid, the
form of agreement shall be signed so as to be legally binding on all the partners. The format of
the power of attorney and other documents to be submitted by Joint Venture Partners as indicated
in (iii), (iv) & (v) may be suitably structured by our Legal Department.
1. SELECTION OF SUB VENDORS FOR TURNKEY CONTRACTS / PACKAGES :
Approved list of Sub-vendors will be indicated in the bidding documents for QR and non-QR
items of supply.
For non-critical items, there may not be enlisted Sub-vendors for every item and the supply shall
be accepted as per related standards, approved sample, and satisfactory inspection, wherever
applicable.
The bidders are, permitted to propose new/different Sub Vendor for approval of DVC in the pre
and post bid stage.
If any new sub-vendor is proposed by the bidder, it may be approved and if it is acceptable on
consideration that the proposed Sub Vendor made previous supplies to DVC or is included in the
approved list in any other DVC / PGCIL / NTPC Project for similar supply.
In case the proposed Sub Vendor is found to meet the QR and is neither in the approved list nor
has made any previous supply to DVC, appropriate decision may be taken by the concerned Chief
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Engineer in consideration of documents furnished by the sub-vendor and further assessment, if
required, may be done in the pre-award/post award stage.
For non-QR items of supply, if new Sub Vendor is proposed by the bidder, it will be obligatory
on the part of bidder to furnish the details / documents in support of their claim which would be
reviewed and appropriate decision taken. In the event of further assessment of credential of Sub
Vendor being felt necessary beyond the document furnished by the bidders, it shall be dealt with
during post award stage.
Normally no separate QR may be stipulated for sub-contracting of erection works. In cases,
where Sub-contractor for erection job is proposed by the bidder, the qualification of the proposed
Sub-Contractor may be examined keeping in view the qualification requirement applicable for the
quantum of job proposed to be sub-contracted and other relevant aspects related to the site
condition and overall responsibility of the contractor.
The Sub Vendor / vendors shall be approved by the Tender Accepting Authority/concerned CEs.
32. CHANGES IN CONSTITUTION OF BUSINESS :
In the event of change in constitution of business of the contractor after issuance of contract due
to merger/acquisition/any other reasons, the newly formed entity shall be equally held responsible
to fulfil the contractual obligation. This is notwithstanding anything contained in NIT or
subsequent LOI / LOA / GCC or any other document issued or provisions contained in any other
Rules / Acts / Legislation.
33. WAIVER :
Any waiver by the Owner of any breach of the terms and conditions of the Order shall not
constitute any subsequent breach of the waiver of any other right or conditions.
34. COMPLIANCE OF REGULATIONS :
The Vendor shall warrant that all Goods and/or services covered by this Purchase Order/ contract
shall have been produced, sold, dispatched, delivered, tested and commissioned in strict
compliance with all applicable laws, regulations including industries (Development &
Regulations) Act, 1951 & Industrial Dispute Act, 1947 and any amendments there under, labour
agreements, Safety rules and PF compliance, working conditions and technical codes and
requirement as applicable from time to time.
All laws, rules and regulations required to be followed in execution of the order / contract, must
be complied with. The Vendor should execute and deliver such documents as may be needed by
the Purchaser/ owner in evidence of compliance. Any liability arising out of contravention of any
of the laws on executing this order shall be the sole responsibility of the Vendor and the Owner
shall not be responsible in any manner whatsoever.
35. SUB-LETTING & ASSIGNMENT :
The Vendor shall not sub-let or assign any part of this Purchase Order/ contract to any other
vendor/agency without the prior written consent of the Purchaser / owner. Such assignments or
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sub-letting or transfer shall not relieve the Vendor from any obligation, duty and responsibility
under this Purchase Order / contract. Any assignment, transfer or sub-letting without the prior
written approval of the Owner shall be void. The Purchaser / owner shall have the right to cancel
the order/contract and to purchase the goods/services from elsewhere and the supplier/vendor
shall be liable to the Purchaser / owner for any loss or damage which the Purchaser / owner may
sustain in consequence or arising out of such purchase and the Vendor shall indemnify such loss
or damage to the Owner.
36. VENDORS DRAWING & DATA :
All Drawings, data and documentation in respect of the ordered items are an integral part of the
Purchase Order / contract. The Vendor will furnish all such drawings, data and documentation to
the Purchaser / owner. Purchaser / owner will specify the schedule for submission of these
documents by the Vendor and the required number of copies. The vendor shall ensure strict
compliance to this schedule.
37. INFORMATION PROVIDED BY THE PURCHASER /OWNER:
All Drawings, data and documentation that are given to the vendor by the Purchaser / owner for
the execution of the Order / contract shall be the property of the Purchaser / owner and shall be
returned by the Vendor on demand by the Purchaser / owner. The Vendor shall not make use of
any of the above documents for any purpose at any time except for the purpose of executing the
Order / contract of the Purchaser / owner. The Vendor shall not disclose any of the information
given by the Purchaser / owner to any person, firm, corporate body or authority and shall make all
endeavours to ensure that the above information is kept confidential. All such information shall
also remain the absolute property of the Purchaser/owner.
38. SPARE PARTS, OILS & LUBRICANTS :
Wherever applicable, the Vendor shall furnish item wise price list of spare parts required for two
years operation of the equipment ordered. The Vendor shall also provide the necessary
instructions and drawings to identify the spare part numbers and their location as well as an
interchangeability chart. The Vendor shall recommend the quality of oils and lubricants required
to be used to the operation of the equipment supplied under this Order for a continuous operation
for a period of at least one year.
39. VENDORS LIABILITY :
Vendor hereby accepts full responsibility and indemnifies the Purchaser/owner and shall hold the
Purchaser / owner harmless from all acts of omissions and commissions on the part of the vendor,
his agents, his subcontractors and employees in execution of the Order. The Vendor also agrees to
defend and hereby undertakes to indemnify the Purchaser / owner and also hold him harmless
from any and all claims of injury to or death of any and all persons including but not limited to
employees and for damage to the property arising out of or in connection with the performance of
the work under the Purchase Order / contract. Vendor will also be responsible and indemnify the
owner for any consequential damages .
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40. PACKING AND MARKING :
All goods shall be securely packed in cases, bundles, crates etc. suitable for Rail / Road / Air /
Sea transport. All exposed services/connections, protrusions shall be properly protected. All
unexposed parts shall be packed with due care and the packages should bear the words “Handle
with Care”. The packing of the goods to be transported by Rail / Road / Air / Sea shall be as per
the conditions laid down by the appropriate authorities and the Vendor shall obtain clean railway /
goods receipts without any qualifying remark.
All packages and unpacked materials shall be marked on at least two places indicating the name
of the Purchaser/ Consignee, Purchase Order No., gross & net weights and dimensions with
indelible paint in English. In case of bundles, metallic plates marked with the above details shall
be tagged. All packages containing harmful/ hazardous materials should be prominently marked.
All goods should be despatched as per the relevant terms of the Purchase Order. In case any mode
of transports has to be resorted to other than that mentioned in the Purchaser Order, the same
should be done only after obtaining prior approval in writing from the Purchaser. All movement
sanctions, loading permissions etc. from the railway or other authorities shall be obtained by the
Vendor. The vendor should also take care of the odd-size consignments and their clearances
involved.The Vendor shall communicate the relevant dispatch particulars immediately on
dispatch by telex/telegram to the consignee as specified in the Purchase Order.
The Vendor shall also forward original and copies of dispatch documents to the concerned
authorities as required in the Purchase Order within two days from the date of despatch, failing
which the Vendor shall be responsible for any delay in payments of consignment for want of
documents and consequent demurrage, detention charges, etc.
41. MODIFICATIONS :
This order constitutes an entire agreement between the parties hereto. Any modifications to this
Order shall become binding only upon the same being confirmed in writing duly signed by both
the parties.
42. GUARANTEE / WARRANTY :
42.1 The Vendor shall warrant that all material / equipment / services supplied under this Order /
contract shall be new, unused and conform to the Purchasers / owners requirements and
specifications. The Vendor shall guarantee the material / equipment / services under this Order for
a period of 18 months from the date of delivery or 12 months from the date of commissioning
whichever is earlier.
For turnkey contracts, Guarantee / Warranty period is to be considered as 12 months from the
date of commissioning of the same irrespective of date of delivery. The date of delivery to be
reckoned as the date of receipt of the material by the consignee. The Vendor shall agree to replace
any material, which has been proved defective or fails to conform to the desired specifications
free of cost to the Purchaser within the Guarantee/Warranty Period. The guarantee period for such
replaced part shall be the same as that of equipments / materials specified earlier.
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42.2 Checking / approval of vendors drawings, inspection and acceptance of material / spares /
equipment / furnishing to effect shipment and / or work done for erection, installation and
commissioning of the equipment by the Purchaser/owner or any other agency on behalf of the
Purchaser / owner shall not in any way relieve the Vendor from the responsibility for proper
performance during the guarantee period.
42.3 Service contracts like hiring of vehicle / Insurance / consultancy / Clearing & Forwarding
services etc and other consumable items like stationeries, printing of matter etc. are beyond the
purview of Warranty Clause.
However, before floating of enquiry, Indentor / TIA at his discretion and depending on the
technical intricacies of the procurement of goods and services may decide on the period of
warranty / guarantee.
43. MODE OF DESPATCH:
Vendor shall despatch the materials as per schedule mode of despatch as indicated in the purchase
order/contract and any violations to this effect without taking prior written approval from the
purchaser/owner is not permissible. If it is dispatched without per mission , all risk and cost is to
borne by the vendor.
44. DEMURRAGE / WHARFAGE :
In cases where documents are negotiated through Bank, any consequential charges e.g. demurrage
/ wharfage charges, due to late retirement of documents on account of (i) violation of the
inspection clause, (ii) material despatched after expiry of delivery period without obtaining
approval in advance for extension of delivery period (iii) despatch of materials not as per
schedule mode of despatch by approved transporters as per P.O/contract. (iv) late receipt of
invoice or due to violation of any other clause/clauses of the purchase order will be to the
Vendors account. Supplier would also be responsible for all such payment due to late receipt of
RR/LR and other documents.
45. GRAFTS / COMMISSION :
Any graft, commission, gift or advantage given, promised or offered by or on behalf of the
Supplier or his partner, agent officers, director, employee or servant or any one on his or their
behalf in relation to the obtaining or to the execution of this or any other Contract with the
Owner, shall in addition to any criminal liability which it may incur, subject the Supplier to the
cancellation of this and all other Contracts and also to pay for any loss or damage to the Owner
resulting from such cancellation. The Owner shall then be entitled to deduct the amount so
payable from any money otherwise due to supplier.
INTEGRITY PACT :Vendors/contractors are required to unconditionally accept the
“Integrity pact” (executed in plain paper) as per format furnished by DVC
46. ACCEPTANCES :
The Vendor shall return the duplicate copy of the Purchase Order / contract / Work Order and the
other enclosed documents duly signed with seal and date as a mark of acceptance, within 15 days
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from the date of issuance of the order to the Order Issuing Authority.
47. GOVERNING LAW
The Contract shall be governed by and interpreted in accordance with laws in force in India. The
Courts of Kolkata shall have exclusive jurisdiction in all matters arising under the Contract.
48. SETTLEMENT OF DISPUTES & ARBITRATION:
48.1. ADJUDICATOR
48.1.1If any dispute of any kind whatsoever shall arise between the Employer and the Contractor
in connection with or arising out of the Contract, including without prejudice to the generality of
the foregoing, any question regarding its existence, validity or termination, or the execution of the
Facilities—whether during the progress of the Facilities or after their completion and whether
before or after the termination, abandonment or breach of the Contract—the parties shall seek to
resolve any such dispute or difference by mutual consultation. If the parties fail to resolve such a
dispute or difference by mutual consultation, then the dispute shall be referred in writing by either
party to the Adjudicator, with a copy to the other party.
48.1.2 The Adjudicator shall give its decision in writing to both parties within twenty-eight (28)
days of a dispute being referred to it. If the Adjudicator has done so, and no notice of intention to
commence arbitration has been given by either the Employer or the Contractor within fifty-six
(56) days of such reference, the decision shall become final and binding upon the Employer and
the Contractor. Any decision that has become final and binding shall be implemented by the
parties forthwith.
48.1.3 Should the Adjudicator resign or die, or should the Employer and the Contractor agree that
the Adjudicator is not fulfilling its functions in accordance with the provisions of the Contract,
another retired Judge of High Court / Supreme Court of India shall be jointly appointed by the
Employer and the Contractor as Adjudicator under the Contract. Failing agreement between the
two, within twenty eight (28) days, the new retired Judge of High Court/Supreme Court of India
shall be appointed as Adjudicator under the Contract at the request of either party by the
Appointing Authority specified in the SCC. The Adjudicator shall be paid fee plus reasonable
expenditures incurred in the execution of its duties as Adjudicator under the Contract. These
costs shall be divided equally between the Employer and the Contractor.
48.2. ARBITRATION
48. 2.1 If either the Employer or the Contractor is dissatisfied with the Adjudicator’s decision, or
if the Adjudicator fails to give a decision within twenty-eight (28) days of a dispute being referred
to it, then either the Employer or the Contractor may, within fifty-six (56) days of such
reference, give notice to the other party, with a copy for information to the Adjudicator, of its
intention to commence arbitration, as hereinafter provided, as to the matter in dispute, and no
arbitration in respect of this matter may be commenced unless such notice is given.
48.2.2 Any dispute in respect of which a notice of intention to commence arbitration has been
given in accordance with GCC Sub-Clause 48.2.1, shall be finally settled by arbitration.
Arbitration may be commenced prior to or after completion of the Facilities.
48.2.3 Any dispute submitted by a party to arbitration shall be heard by an arbitration panel
composed of three arbitrators, in accordance with the provisions set forth below.
48.2.4 The Employer and the Contractor shall each appoint one arbitrator, and these two
arbitrators shall jointly appoint a third arbitrator, who shall chair the arbitration panel. If the two
arbitrators do not succeed in appointing a third arbitrator within twenty-eight (28) days after the
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latter of the two arbitrators has been appointed, the third arbitrator shall, at the request of either
party, be appointed by the Appointing Authority for arbitrator designated in the SCC.
48.2.5 If one party fails to appoint its arbitrator within forty-two (42) days after the other party
has named its arbitrator, the party which has named an arbitrator may request the Appointing
Authority to appoint the second arbitrator.
48.2.6 If for any reason an arbitrator is unable to perform its function, the mandate of the
Arbitrator shall terminate in accordance with the provisions of applicable laws as mentioned in
GCC Clause 47(Governing Law) and a substitute shall be appointed in the same manner as the
original arbitrator.
48.2.7 Arbitration proceedings shall be conducted as follows:-
(i) Appointing Authority for Adjudicator: Chairman of DVC
Appointing Authority for third Arbitrator:
a) President, Institution of Engineers in case of an Indian Contractor.
b) President, International Chambers of Commerce, Paris in case of a
Foreign Contractor.
(ii) Rules of procedure for arbitration proceedings:
a) In case of a foreign contractor the arbitration proceeding shall be conducted in accordance with
the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules of
1976.
b) In case of an Indian Contractor, the arbitration proceedings shall be conducted in accordance
with Indian Arbitration and Conciliation Act 1996. In case the Indian Contractor is an Indian
Public Sector Enterprise /Government Department (but not a state Govt. Undertaking of Joint
Sector Undertaking which is not a subsidiary of Central Govt. Undertaking), the dispute arising
between the Employer and the Contractor shall be referred for resolution to a Permanent
Arbitration machinery (PAM) of the Department of Public Enterprises, Government of India.
(iii) The Place for Arbitration shall be : Kolkata, India
48.2.8 The decision of a majority of the arbitrators (or of the third arbitrator chairing the
arbitration panel, if there is no such majority) shall be final and binding and shall be enforceable
in any court of competent jurisdiction as decree of the court. The parties thereby waive any
objections to or claims of immunity from such enforcement.
48.2.9 The arbitrator(s) shall give reasoned award.
48.3. Notwithstanding any reference to the Adjudicator or arbitration herein,
(a) the parties shall continue to perform their respective obligations under the Contract
unless they otherwise agree
(b) the Employer shall pay the Contractor any monies due to the Contractor.
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49. Safety Aspects To Be Complied:
CLAUSE
NO.
1.0
2.0
2.1
2.2
2.3
REQUIREMENT
The contractor/ agency shall comply with all the requirements of the rules framed
by Damodar Valley Corporation (Also referred here as DVC) relating to Safety,
provisions of Factories Act, 1948 State Factories Rules as amended time to time,
and all other statutory requirements as applicable to his work, like Indian
Electricity Act, ESI Act (Wherever the facility is available), PF Act, Workmen’s
Compensation Act, Motor Vehicles Act etc. He shall ensure compliance of all the
responsibilities of the Occupier and Factory Manager as mentioned in the Factories
Act in his place of work.
Additionally, the contractor shall comply with all the Rules framed by DVC
relating to Safety of all working in the work place, and ensure compliance with all
types of permit to work. He shall also comply with all directions given by the
Engineer In-charge or Head of DVC Project Safety Deptt. or their nominated
representative with specific regard to Safety and Health of the workers.
The Contractor/ Agency shall frame and implement it’s Safety and Health Policy
which shall contain all the provisions relating to compliance of DVC Safety/ Health
and Safety Policy.
The Contractor shall appoint a full time Engineer with either Degree in Engg. With
not less than 1 years of experience or Diploma in Engg. With not less than 2 years
of experience to supervise the work for each 50 workers/ staff or a part thereof.
Where the work is of hazardous in nature the supervisor shall be appointed for first
20 workers also.
If at any time the contractor employs more than 150 workers including staff, he
shall appoint from the start of work itself a Safety Officer, with the qualification as
mentioned in the Factories Act/ State Factories Rules applicable to the state, in
which the work is carried out. The Safety Officer of the Contractor shall discharge
only those responsibilities as mentioned in statutory rules for the Safety Officers.
Before Start of work by the Contractor, The Contractor shall sign an MOU with
Head of DVC Project Safety Deptt. and Engineer In charge of the contract, wherein
he shall submit following documents also:
a) Safety Plan of the Contractor for his own as well as his sub- contractors;
b) Methodology (Including responsibility) of accident reporting to DVC authorities
and Statutory authorities, conduct of enquiries, and implementation of corrective
measures.
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2.5
c) The Contractor shall get all his Lifting equipments and tackles thoroughly
examined / tested through a Competent Persons, approved by the local state
government, where the work is being undertaken.
d) Before Start of work by the Contractor, the Contractor shall present his Personal
Protective equipments to Head of DVC Safety Deptt, and Engineer In charge, for
inspection, who will inspect these equipments for necessary legal compliance. Only
after this inspection and clearance in writing, above referred items shall be used or
issued by the Contractor.
e) Before using the lifting equipments and other safety related items, the contractor
shall present these to Head of DVC Safety Deptt, and Engineer In charge, for
inspection, who will inspect these equipments for its safety. Only after their
clearance in writing, these items shall be used by the Contractor. However, all
liabilities for statutory violations for these equipment shall be of the Contractor.
Before Start of the contract, the Contractor shall provide appropriate Safety
Training to all his workers of at least one full day duration, through an external
agency, with faculty having the qualification as mentioned in the Factories Act/
State Rules for the Safety Officer, and having minimum 5 years of power plant site
exposure, with regard to implementing safety provisions.. Only those who are
trained, as above, shall be allowed for issue of Gate Pass.
f) Before Start of work by the Contractor, the Contractor shall get occupational
health examination of his workers, working/ to work in hazardous activities
through a Medical Practitioner, approved by the State Government, and
subsequently as mentioned in the state factories rules.
g) In case any accident occurs and DVC Officials investigate it, the Contractor
shall provide full cooperation in conduct of inquiry, conducted by the DVC
officials, in case of any accident at his workplace or to his worker.
e) Wherever there is probability of fall of worker/ material from more than 8 Ft, to
prevent his fall, the contractor shall provide Safety Harness to all his workers and
ensure its use. He shall also provide safety net below such work place. He shall
ensure compliance of all provisions of Permit for working at height devised by
DVC. If the fall arrester is provided by DVC, the Contractor shall ensure its right
use.
The contractor shall use only double insulated power tools shall be used at the
construction place. He shall only use 3 Core cable for Single phase Supply and 4
Core Cable for 3 Phase supply. For all electrical connections appropriate ELCB
shall be used by the Contractor.
a) In no case any electric supply shall be taken through loose wire like supply
without Plug Top.
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3.0
4.0
5.0
6.0
b) No electrical repair work shall be carried out on any live equipment. It shall be
done only by the Electrician having either ITI qualification or Wireman’s
certificate issued by the State Government.
In case any accident occurs during the construction or erection work or other
associated activities undertaken by the Contractor In-charge, it shall be the
responsibility of the Contractor to promptly inform the same to the Engineer Incharge,
DVC Head of Safety Deptt. in the prescribed form (Which can be collected
by the Contractor/ Agency from the Project Safety Deptt.), and also to all the
statutory authorities envisaged under the applicable laws.
The Engineer In-charge as well as DVC Head of Safety Deptt. or their nominated
representative shall have the right at his sole discretion to stop the work, if in his
opinion the work is being carried out in such a way that it may cause accidents and
endanger the safety of the persons and / or property, and / or equipments. In such
cases, the contractor shall be informed in writing, and the contractor shall
immediately stop the work, and comply to remove shortcomings promptly.
If the Contractor does not provide safety equipments to his workers or fails to
discharge of his other responsibilities, statutory or otherwise, as mentioned above,
DVC may provide the same and recover the expenditure along with overhead cost
etc. However, this does not absolve the contractor from his responsibility as
mentioned in the contract..
If the Contractor fails complying with the provisions as mentioned above, the
Contractor shall pay to DVC at the rate of Rs. 2,000/- per day or part thereof for
contract value exceeding Rs Twenty Lakhs, and, at the rate of Rs 500/- per day for
the contract value less than Rs 20 Lakhs till the instructions are complied with and
so certified by the Engineer In-charge and DVC Head of Project Safety Deptt.. If
it is not paid by the Contractor, it shall be deducted from his next bill.
In case of injury, the compensation as calculated/ directed by the State Government
Authorities shall be paid by the Contractor to the Victim/ his heir, in accordance
with the statutory provisions.
50. WORK PROGRAM
50.1. CONTRACTOR’S ORGANIZATION
The Contractor shall supply to the Employer and the Project Manager a chart showing the
proposed organization to be established by the Contractor for carrying out work. The chart shall
include the identities of the key personnel together with the curricula vitae of such key personnel
to be employed within twenty-one (21) days of the Effective Date. The Contractor shall promptly
inform the Employer and the Project Manager in writing of any revision or alteration of such an
organization chart.
50.2. PROGRAM OF PERFORMANCE
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Within twenty-eight (28) days after the date of Notification of Award of Contract, the Contractor
shall prepare and submit to the Project Manager a detailed program of performance of the
Contract, made in the form of PERT network and showing the sequence in which it proposes to
design, manufacture/procure, transport, work at site as well as the date(s) by which the Contractor
reasonably requires that the Employer shall have fulfilled its obligations under the Contract so as
to enable the Contractor to execute the Contract in accordance with the program and to achieve
Completion of the Facilities in accordance with the Contract. The program so submitted by the
Contractor shall accord with the Time Schedule to the Contract Agreement and any other dates
and periods specified in the Contract. The Contractor shall update and revise the program as and
when appropriate or when required by the Project Manager, but without modification in the
Times for Completion given in the SCC and any extension granted in accordance with GCC
Clause 35, and shall submit all such revisions to the Project Manager.
50.3 Progress Report
The Contractor shall monitor progress of all the activities specified in the program referred to in
GCC Sub-Clause 50.2 (Program of Performance) above, and supply a progress report to the
Project Manager every month.
The progress report shall be in a form acceptable to the Project Manager and shall also indicate:
(a) percentage completion achieved compared with the planned percentage completion for each
activity; and (b) where any activity is behind the program, giving comments and likely
consequences and stating the corrective action being taken.
50.4 PROGRESS OF PERFORMANCE
If at any time the Contractor’s actual progress falls behind the program referred to in GCC Sub-
Clause 50.2 (Program of Performance), or it becomes apparent that it will so fall behind, the
Contractor shall, at the request of the Employer or the Project Manager, prepare and submit to the
Project Manager a revised program, taking into account the prevailing circumstances, and shall
notify the Project Manager of the steps being taken to expedite progress so as to attain
Completion of the Facilities within the Time for Completion under GCC Clause 22 (Time for
Commencement and Completion), or any extended period as may otherwise be agreed upon
between the Employer and the Contractor.
50.5 WORK PROCEDURES
The Contract shall be executed in accordance with the Contract Documents and the procedures
given in the section on Forms and Procedures of the Contract Documents.
If agreed between the Employer and the Contractor, the Contractor may execute the Contract in
accordance with its own standard project execution plans and procedures to the extent that they
do not conflict with the provisions contained in the Contract.
50.6 Maintenance of Records of Weekly Progress Review Meetings at Site.
The Contractor shall be required to attend all weekly progress review meetings organized by the
'Project Manager' or his authorised representative. The deliberations in the meetings shall interalia
include the weekly program, progress of work (including details of manpower, tools and
plants deployed by the contractor vis-a-vis agreed schedule), inputs to be provided by Employer,
delays, if any and recovery program, specific hindrances to work and work instructions by
Employer. The minutes of the weekly meetings shall be recorded in triplicate in a numbered
register available with the Project Manager or his authorized representative. These recordings
shall be jointly signed by the Project Manager or his authorized representative and the Contractor
and one copy of the signed records shall be handed over to the Contractor".
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51. TRANSFER OF OWNERSHIP
51.1 Ownership of the Contractor’s Equipment used by the Contractor and its Subcontractors in
connection with the Contract shall remain with the Contractor or its Subcontractors.
51.2 Disposal of surplus material: Ownership of any goods/materials in excess of the
requirements for the Facilities (i.e. surplus material) shall revert to the Contractor upon
Completion of the Facilities or at such earlier time when the Employer and the Contractor agree
that the goods/materials in question are no longer required for the Facilities. The Contractor shall
remove from the site such surplus material brought by him in pursuance of the Contract, subject
to the Contractor producing the necessary clearance from the relevant authorities (Custom, Excise
etc.), if required by the law, in respect of re-export or disposal of the surplus material locally.
The liability for the payment of the applicable taxes/duties, if any, on the surplus material so reexported
and / or disposed locally shall be that of the Contractor.
The Contractor shall also indemnify to keep the Employer harmless from any act of omission or
negligence on the part of the Contractor in following the statutory requirements with regard to
removal/disposal of surplus material. The Indemnity Bond shall be furnished by Contractor as
per proforma. Further, in case the laws require the Employer to take prior permission of the
relevant Authorities before handing over the surplus material to the Contractor, the same shall be
obtained by the Contractor on behalf of the Employer.
51.3 Notwithstanding the transfer of ownership of the goods/materials, the responsibility for
care and custody thereof together with the risk of loss or damage thereto shall remain with the
Contractor hereof until Completion of the Facilities or the part thereof in which such
goods/materials are incorporated.
51.4 In case of where the Employer hands over his goods/materials/Equipments to the
Contractor for executing the Contract, then the Contractor shall, at the time of taking delivery of
the goods/materials/Equipments through Bill of Lading or other despatch documents, furnish
Trust Receipt for goods/materials/Equipments and also execute an Indemnity Bond in favour of
the Employer for keeping the equipment in safe custody and to utilise the same exclusively for
the purpose of the said Contract.
52. CHANGES IN THE FACILITIES
52.1 INTRODUCING A CHANGE
52.1.1 The Employer shall have the right to propose, and subsequently require, that the Project
Manager order the Contractor from time to time during the performance of the Contract to make
any change, modification, addition or deletion to, in or from the Facilities (hereinafter called
“Change”), provided that such Change falls within the general scope of the Facilities and does not
constitute unrelated work and that it is technically practicable, taking into account both the state
of advancement of the Facilities and the technical compatibility of the Change envisaged with the
nature of the Facilities as specified in the Contract .
52.1.2 The Contractor may from time to time during its performance of the Contract propose to
the Employer (with a copy to the Project Manager) any Change that the Contractor considers
necessary or desirable to improve the quality, efficiency or safety of the Facilities. The Employer
may at its discretion approve or reject any Change proposed by the Contractor.
52.1.3 Notwithstanding GCC Sub-Clauses 52.1.1 and 52.1.2, no change made necessary because
of any default of the Contractor in the performance of its obligations under the Contract shall be
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deemed to be a Change, and such change shall not result in any adjustment of the Contract Price
or the Time for Completion.
52.1.4 The procedure on how to proceed with and execute Changes is specified in GCC Sub
Clauses 52.2 and 52.3.
52.2 CHANGES ORIGINATING FROM EMPLOYER
52.2.1 If the Employer proposes a Change pursuant to GCC Sub-Clause 52.1.1, it shall send to
the Contractor a “Request for Change Proposal,” requiring the Contractor to prepare and furnish
to the Project Manager as soon as reasonably practicable a “Change Proposal,” which shall
include the following:
(a) brief description of the Change
(b) effect on the Time for Completion
(c) estimated cost of the Change
(d) effect on any other provisions of the Contract.
52.2.2 The pricing of any Change shall, as far as practicable, be calculated in accordance with
the rates and prices included in the Contract. If the rates and prices of any change are not
available in the Contract, the parties thereto shall agree on specific rates for the valuation of the
Change.
52.2.3 If before or during the preparation of the Change Proposal it becomes apparent that the
aggregate effect of compliance therewith and with all other Change Orders that have already
become binding upon the Contractor under this GCC Clause 52 would be to increase or decrease
the Contract Price as originally set forth in Contract Price of the Contract Agreement, the
Contractor may give a written notice of objection thereto prior to furnishing the Change Proposal
as aforesaid. If the Employer accepts the Contractor’s objection, the Employer and the
Contractor shall agree on specific rates for valuation of the change.
52.2.4 Upon receipt of the Change Proposal, the Employer and the Contractor shall mutually
agree upon all matters therein contained including agreement on rates if such rates are not
available in the Contract or if the limit set forth in Clause 52.2.3 has been exceeded. Within
fourteen (14) days after such agreement, the Employer shall, if it intends to proceed with the
Change, issue the Contractor with a Change Order.
If the Employer is unable to reach a decision within fourteen (14) days, it shall notify the
Contractor with details of when the Contractor can expect a decision.
If the Employer decides not to proceed with the Change for whatever reason, it shall, within the
said period of fourteen (14) days, notify the Contractor accordingly.
52.2.5 If the Employer and the Contractor cannot reach agreement on the price for the Change,
an equitable adjustment to the Time for Completion, or any other matters identified in the Change
Proposal, the Employer may nevertheless instruct the Contractor to proceed with the Change by
issue of a “Pending Agreement Change Order.”
Upon receipt of a Pending Agreement Change Order, the Contractor shall immediately proceed
with effecting the Changes covered by such Order. The parties shall thereafter attempt to reach
agreement on the outstanding issues under the Change Proposal.
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If the parties cannot reach agreement within sixty (60) days from the date of issue of the Pending
Agreement Change Order, then the matter may be referred to the Adjudicator in accordance with
the provisions of GCC Sub-Clause 48.1 (Adjudicator).
52.3 CHANGES ORIGINATING FROM CONTRACTOR
52.3.1 If the Contractor proposes a Change pursuant to GCC Sub-Clause 52.1.2, the Contractor
shall submit to the Project Manager a written “Application for Change Proposal,” giving reasons
for the proposed Change and including the information specified in GCC Sub-Clause 52.2.1.
Upon receipt of the Application for Change Proposal, the parties shall follow the procedures
outlined in GCC Sub-Clauses 52.2.4 and 52.2.5
53 TERMINATION
53.1TERMINATION FOR EMPLOYER’S CONVENIENCE
53.1.1 The Employer may at any time terminate the Contract for any reason by giving the
Contractor a notice of termination that refers to this GCC Sub-Clause 53.1.
53.1.2 Upon receipt of the notice of termination under GCC Sub-Clause 53.1.1, the Contractor
shall either immediately or upon the date specified in the notice of termination
(a) cease all further work, except for such work as the Employer may specify in the notice of
termination for the sole purpose of protecting that part of the Facilities already executed, or any
work required to leave the Site in a clean and safe condition
(b) terminate all subcontracts, except those to be assigned to the Employer pursuant to
paragraph (d)(ii) below
(c) remove all Contractor’s Equipment from the Site, repatriate the Contractor’s and its
Subcontractors’ personnel from the Site, remove from the Site any wreckage, rubbish and debris
of any kind, and leave the whole of the Site in a clean and safe condition
(d) In addition, the Contractor, subject to the payment specified in GCC Sub-Clause 53.1.3, shall
(i) deliver to the Employer the parts of the Facilities executed by the Contractor up to the date
of termination
(ii) to the extent legally possible, assign to the Employer all right, title and benefit of the
Contractor to the Facilities and to the Plant and Equipment as at the date of termination,
and, as may be required by the Employer, in any subcontracts concluded between the
Contractor and its Subcontractors
(iii) deliver to the Employer all non-proprietary drawings, specifications and other documents
prepared by the Contractor or its Subcontractors as at the date of termination in connection
with the Facilities.
53.1.3 In the event of termination of the Contract under GCC Sub-Clause 53.1.1, the Employer
shall pay to the Contractor the following amounts:
(a) the Contract Price, properly attributable to the parts of the Facilities executed by the
Contractor as of the date of termination
(b) the costs reasonably incurred by the Contractor in the removal of the Contractor’s
Equipment from the Site and in the repatriation of the Contractor’s and its
Subcontractors’ personnel
(c) any amounts to be paid by the Contractor to its Subcontractors in connection with the
termination of any subcontracts, including any cancellation charges
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(d) costs incurred by the Contractor in protecting the Facilities and leaving the Site in a clean
and safe condition pursuant to paragraph (a) of GCC Sub-Clause 53.1.2
(e) the cost of satisfying all other obligations, commitments and claims that the Contractor
may in good faith have undertaken with third parties in connection with the Contract and
that are not covered by paragraphs (a) through (d) above.
53.2TERMINATION FOR CONTRACTOR’S DEFAULT
53.2.1 The Employer, without prejudice to any other rights or remedies it may possess, may
terminate the Contract forthwith in the following circumstances by giving a notice of termination
and its reasons therefore to the Contractor, referring to this GCC Sub-Clause 53.2:
(a) if the Contractor becomes bankrupt or insolvent, has a receiving order issued against it,
compounds with its creditors, or, if the Contractor is a corporation, a resolution is passed or
order is made for its winding up (other than a voluntary liquidation for the purposes of
amalgamation or reconstruction), a receiver is appointed over any part of its undertaking or
assets, or if the Contractor takes or suffers any other analogous action in consequence of
debt
(b) if the Contractor assigns or transfers the Contract or any right or interest therein in
violation of the provision of GCC Clause 35 (Assignment).
(c) if the Contractor, in the judgement of the Employer has engaged in corrupt or fraudulent
practices in competing for or in executing the Contract.
For the purpose of this Sub-Clause:
"corrupt practice" means the offering, giving, receiving or soliciting of anything of value to
influence the action of a public official in the procurement process or in contract execution.
"fraudulent practice" means a misrepresentation of facts in order to influence a procurement
process or the execution of a contract to the detriment of the Employer and includes collusive
practice among Bidders (prior to or after bid submission) designed to establish bid prices at
artificial non-competitive levels and to deprive the Employer of the benefits of free and open
competition.
53.2.2 If the Contractor
(a) has abandoned or repudiated the Contract
(b) has without valid reason failed to commence work on the Facilities promptly or has
suspended (other than pursuant to GCC Sub-Clause 53.2) the progress of Contract
performance for more than twenty-eight (28) days after receiving a written instruction from
the Employer to proceed
(c) persistently fails to execute the Contract in accordance with the Contract or persistently
neglects to carry out its obligations under the Contract without just cause
(d) refuses or is unable to provide sufficient materials, services or labour to execute and
complete the Facilities in the manner specified in the program furnished under GCC Clause
50 (Program of Performance) at rates of progress that give reasonable assurance to the
Employer that the Contractor can attain Completion of the Facilities by the Time for
Completion as extended then the Employer may, without prejudice to any other rights it
may possess under the Contract, give a notice to the Contractor stating the nature of the
default and requiring the Contractor to remedy the same. If the Contractor fails to remedy
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or to take steps to remedy the same within fourteen (14) days of its receipt of such notice,
then the Employer may terminate the Contract forthwith by giving a notice of termination
to the Contractor that refers to this GCC Sub-Clause 53.2.
53.2.3 Upon receipt of the notice of termination under GCC Sub-Clauses 53.2.1 or 53.2.2, the
Contractor shall, either immediately or upon such date as is specified in the notice of termination,
(a) cease all further work, except for such work as the Employer may specify in the notice
of termination for the sole purpose of protecting that part of the Facilities already
executed, or any work required to leave the Site in a clean and safe condition
(b) terminate all subcontracts, except those to be assigned to the Employer pursuant to
paragraph (d) below
(c) deliver to the Employer the parts of the Facilities executed by the Contractor up to the
date of termination
(d) to the extent legally possible, assign to the Employer all right, title and benefit of the
Contractor to the Works and to the Plant and Equipment as at the date of termination,
and, as may be required by the Employer, in any subcontracts concluded between the
Contractor and its Subcontractors
(e) deliver to the Employer all drawings, specifications and other documents prepared by the
Contractor or its Subcontractors as at the date of termination in connection with the
Facilities.
53.2.4 The Employer may enter upon the Site, expel the Contractor, and complete the Facilities
itself or by employing any third party. The Employer may, to the exclusion of any right of the
Contractor over the same, take over and use with the payment of a fair rental rate to the
Contractor, with all the maintenance costs to the account of the Employer and with an
indemnification by the Employer for all liability including damage or injury to persons arising out
of the Employer’s use of such equipment, any Contractor’s Equipment owned by the Contractor
and on the Site in connection with the Facilities for such reasonable period as the Employer
considers expedient for the supply and work of the Facilities.
Upon completion of the Facilities or at such earlier date as the Employer thinks appropriate, the
Employer shall give notice to the Contractor that such Contractor’s Equipment will be returned to
the Contractor at or near the Site and shall return such Contractor’s Equipment to the Contractor
in accordance with such notice. The Contractor shall thereafter without delay and at its cost
remove or arrange removal of the same from the Site.
53.2.5 Subject to GCC Sub-Clause 53.2.6, the Contractor shall be entitled to be paid the
Contract Price attributable to the Facilities executed as at the date of termination, the value of any
unused or partially used Plant and Equipment on the Site, and the costs, if any, incurred in
protecting the Facilities and in leaving the Site in a clean and safe condition pursuant to
paragraph (a) of GCC Sub-Clause 53.2.3. Any sums due to the Employer from the Contractor
accruing prior to the date of termination shall be deducted from the amount to be paid to the
Contractor under this Contract.
53.2.6 If the Employer completes the Facilities, the cost of completing the Facilities by the
Employer shall be determined.
If the sum that the Contractor is entitled to be paid, pursuant to GCC Sub-Clause 53.2.5, plus the
reasonable costs incurred by the Employer in completing the Facilities, exceeds the Contract
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Price, the Contractor shall be liable for such excess.
If such excess is greater than the sums due to the Contractor under GCC Sub-Clause 53.2.5, the
Contractor shall pay the balance to the Employer, and if such excess is less than the sums due
to the Contractor under GCC Sub-Clause 53.2.5, the Employer shall pay the balance to the
Contractor.
The Employer and the Contractor shall agree, in writing, on the computation described above and
the manner in which any sums shall be paid.
53.3TERMINATION BY CONTRACTOR
53.3.1 If
(a) the Employer has failed to pay the Contractor any sum due under the Contract within the
specified period, has failed to approve any invoice or supporting documents without just cause
pursuant to Terms and Procedures of Payment of the Contract Agreement, or commits a
substantial breach of the Contract, the Contractor may give a notice to the Employer that requires
payment of such sum, requires approval of such invoice
or supporting documents, or specifies the breach and requires the Employer to remedy the same,
as the case may be. If the Employer fails to pay such sum, fails to approve such invoice or
supporting documents or give its reasons for withholding such approval, fails to remedy the
breach or take steps to remedy the breach within fourteen (14) days after receipt of the
Contractor’s notice, or
(b) the Contractor is unable to carry out any of its obligations under the Contract for any reason
attributable to the Employer, including but not limited to the Employer’s failure to provide
possession of or access to the Site or other areas or failure to obtain any governmental permit
necessary for the execution and/or completion of the Facilities which the Employer is required to
obtain as per provision of the Contract or as per relevant applicable laws of the country, then the
Contractor may give a notice to the Employer thereof, and if the Employer has failed to pay the
outstanding sum, to approve the invoice or supporting documents, to give its reasons for
withholding such approval, or to remedy the breach within twenty-eight (28) days of such notice,
or if the Contractor is still unable to carry out any of its obligations under the Contract for any
reason attributable to the Employer within twenty-eight (28) days of the said notice, the
Contractor may by a further notice to the Employer referring to this GCC Sub-Clause 53.3.1,
forthwith terminate the Contract.
53.3.2 The Contractor may terminate the Contract forthwith by giving a notice to the Employer
to that effect, referring to this GCC Sub-Clause 53.3.2, if the Employer becomes bankrupt or
insolvent, has a receiving order issued against it, compounds with its creditors, or, being a
corporation, if a resolution is passed or order is made for its winding up (other than a voluntary
liquidation for the purposes of amalgamation or reconstruction), a receiver is appointed over any
part of its undertaking or assets, or if the Employer takes or suffers any other analogous action in
consequence of debt.
53.3.3 If the Contract is terminated under GCC Sub-Clauses 53.3.1 or 53.3.2, then the Contractor
shall immediately
(a) cease all further work, except for such work as may be necessary for the purpose of
protecting that part of the Facilities already executed, or any work required leaving the Site
in a clean and safe condition
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(b) terminate all subcontracts, except those to be assigned to the Employer pursuant to
paragraph (d)(ii)
(c) remove all Contractor’s Equipment from the Site and repatriate the Contractor’s and its
Subcontractor’s personnel from the Site
(d) In addition, the Contractor, subject to the payment specified in GCC Sub-Clause 53.3.4,
shall
(i)
deliver to the Employer the parts of the Facilities executed by the Contractor up to the
date of termination
(ii) to the extent legally possible, assign to the Employer all right, title and benefit of the
Contractor to the Facilities and to the Plant and Equipment as of the date of
termination, and, as may be required by the Employer, in any subcontracts concluded
between the Contractor and its Subcontractors
(iii) deliver to the Employer all drawings, specifications and other documents prepared by
the Contractor or its Subcontractors as of the date of termination in connection with the
Facilities.
53.3.4 If the Contract is terminated under GCC Sub-Clauses 53.3.1 or 53.3.2, the Employer
shall pay to the Contractor all payments specified in GCC Sub-Clause 53.1.3, and reasonable
compensation for all loss or damage sustained by the Contractor arising out of, in connection
with or in consequence of such termination.
53.3.5 Termination by the Contractor pursuant to this GCC Sub-Clause 53.3 is without prejudice
to any other rights or remedies of the Contractor that may be exercised in lieu of or in addition to
rights conferred by GCC Sub-Clause 53.3.
53.4 In this GCC Clause 53, the expression “Facilities executed” shall include all work
executed, Installation Services provided, any or all Plant and Equipment acquired (or subject to a
legally binding obligation to purchase) by the Contractor and used or intended to be used for the
purpose of the Facilities, up to and including the date of termination.
53.5 In this GCC Clause 53, in calculating any monies due from the Employer to the
Contractor, account shall be taken of any sum previously paid by the Employer to the Contractor
under the Contract, including any advance payment paid pursuant to Terms and Procedures of
Payment to the Contract Agreement.
54. CONFIDENTIAL INFORMATION
54.1 The Employer and the Contractor shall keep confidential and shall not, without the written
consent of the other party hereto, divulge to any third party any documents, data or other
information furnished directly or indirectly by the other party hereto in connection with the
Contract, whether such information has been furnished prior to, during or following
termination of the Contract. Notwithstanding the above, the Contractor may furnish to its
Subcontractor(s) such documents, data and other information it receives from the Employer
to the extent required for the Subcontractor(s) to perform its work under the Contract, in
which event the Contractor shall obtain from such Subcontractor(s) an undertaking of
confidentiality similar to that imposed on the Contractor under this GCC Clause 54.
54.2 The Employer shall not use such documents, data and other information received from the
Contractor for any purpose other than execution of the Contract and operation and
maintenance of the Facilities. Similarly, the Contractor shall not use such documents, data
and other information received from the Employer for any purpose other than the design,
procurement , construction or such other work and services as are required for the
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performance of the Contract.
54.3 The obligation of a party under GCC Sub-Clauses 54.1 and 54.2 above, however, shall not
apply to that information which
(a)
now or hereafter enters the public domain through no fault of that party
(b)
(c)
can be proven to have been possessed by that party at the time of disclosure and which was
not previously obtained, directly or indirectly, from the other party hereto
otherwise lawfully becomes available to that party from a third party that has no obligation
of confidentiality.
54.4 The above provisions of this GCC Clause 54 shall not in any way modify any undertaking of
confidentiality given by either of the parties hereto prior to the date of the Contract in
respect of the Facilities or any part thereof.
54.5 The provisions of this GCC Clause 54 shall survive termination, for whatever reason, of the
Contract.
55. REPRESENTATIVES
55.1 PROJECT MANAGER
If the Project Manager is not named in the Contract, then within fourteen (14) days of the
Effective Date, the Employer shall appoint and notify the Contractor in writing of the name
of the Project Manager. The Employer may from time to time appoint some other person as
the Project Manager in place of the person previously so appointed, and shall give a notice
of the name of such other person to the Contractor without delay. The Employer shall take
reasonable care to see that no such appointment is made at such a time or in such a manner
as to impede the progress of work. The Project Manager shall represent and act for the
Employer at all times during the currency of the Contract. All notices, instructions, orders,
certificates, approvals and all other communications under the Contract shall be given by
the Project Manager, except as herein otherwise provided.
All notices, instructions, information and other communications given by the Contractor to
the Employer under the Contract shall be given to the Project Manager, except as herein
otherwise provided.
55.2 Contractor’s Representative & Construction Manager
55.2.1 If the Contractor’s Representative is not named in the Contract, then within fourteen (14)
days of the Effective Date, the Contractor shall appoint the Contractor’s Representative and shall
request the Employer in writing to approve the person so appointed. If the Employer makes no
objection to the appointment within fourteen (14) days, the Contractor’s Representative shall be
deemed to have been approved. If the Employer objects to the appointment within fourteen (14)
days giving the reason therefore, then the Contractor shall appoint a replacement within fourteen
(14) days of such objection, and the foregoing provisions of this GCC Sub-Clause 55.2.1 shall
apply thereto.
55.2.2 The Contractor’s Representative shall represent and act for the Contractor at all times
during the currency of the Contract and shall give to the Project Manager all the Contractor’s
notices, instructions, information and all other communications under the Contract.
All notices, instructions, information and all other communications given by the Employer or the
Project Manager to the Contractor under the Contract shall be given to the Contractor’s
W& P Manual – 2012 Page 183

Representative or, in its absence, its deputy, except as herein otherwise provided.
The Contractor shall not revoke the appointment of the Contractor’s Representative without the
Employer’s prior written consent, which shall not be unreasonably withheld. If the Employer
consents thereto, the Contractor shall appoint some other person as the Contractor’s
Representative, pursuant to the procedure set out in GCC Sub-Clause 55.2.1.
55.2.3 The Contractor’s Representative may, subject to the approval of the Employer (which
shall not be unreasonably withheld), at any time delegate to any person any of the powers,
functions and authorities vested in him or her. Any such delegation may be revoked at any time.
Any such delegation or revocation shall be subject to a prior notice signed by the Contractor’s
Representative, and shall specify the powers, functions and authorities thereby delegated or
revoked. No such delegation or revocation shall take effect unless and until a copy thereof has
been delivered to the Employer and the Project Manager.
Any act or exercise by any person of powers, functions and authorities so delegated to him or her
in accordance with this GCC Sub-Clause 55.2.3 shall be deemed to be an act or exercise by the
Contractor’s Representative.
55.2.3.1 Notwithstanding anything stated in GCC Sub-clause 55.1 and 55.2.1 above, for the
purpose of execution of contract, the Employer and the Contractor shall finalise and agree to a
Contract Co-ordination Procedure and all the communication under the Contract shall be in
accordance with such Contract Co-ordination Procedure.
55.2.4 From the commencement of work at the Site until completion, the Contractor’s
Representative shall appoint a suitable person as the construction manager (hereinafter referred to
as “the Construction Manager”). The Construction Manager shall supervise all work done at the
Site by the Contractor and shall be present at the Site throughout normal working hours except
when on leave, sick or absent for reasons connected with the proper performance of the Contract.
Whenever the Construction Manager is absent from the Site, a suitable person shall be appointed
to act as his or her deputy.
55.2.5 The Employer may by notice to the Contractor object to any representative or person
employed by the Contractor in the execution of the Contract who, in the reasonable opinion of the
Employer, may behave inappropriately, may be incompetent or negligent, or may commit a
serious breach of the Site regulations provided under GCC Sub-Clause 56.3. The Employer shall
provide evidence of the same, whereupon the Contractor shall remove such person from the
Facilities/Site.
55.2.6 If any representative or person employed by the Contractor is removed in accordance with
GCC Sub-Clause 55.2.5, the Contractor shall, where required, promptly appoint a replacement.
56. SITE WORKS
56.1 SETTING OUT/SUPERVISION/LABOUR
56.1.1 Bench Mark: The Contractor shall be responsible for the true and proper setting-out of
the jobs in relation to bench marks, reference marks and lines provided to it in writing by or on
behalf of the Employer.
If, at any time during the progress of work, any error shall appear in the position, level or
alignment of the Facilities, the Contractor shall forthwith notify the Project Manager of such error
and, at its own expense, immediately rectify such error to the reasonable satisfaction of the
Project Manager. If such error is based on incorrect data provided in writing by or on behalf of
W& P Manual – 2012 Page 184

the Employer, the expense of rectifying the same shall be borne by the Employer.
56.1.2 Contractor’s Supervision: The Contractor shall give or provide all necessary
superintendence during the work, and the Construction Manager or its deputy shall be constantly
on the Site to provide full-time superintendence of the work. The Contractor shall provide and
employ only technical personnel who are skilled and experienced in their respective callings and
supervisory staff who are competent to adequately supervise the work at hand.
56.1.3 Labour:
(a) The Contractor shall provide and employ on the Site in the work such skilled, semi-skilled
and unskilled labour as is necessary for the proper and timely execution of the Contract. The
Contractor is encouraged to use local labour that has the necessary skills.
(b) Unless otherwise provided in the Contract, the Contractor shall be responsible for the
recruitment, transportation, accommodation and catering of all labour, local or expatriate,
required for the execution of the Contract and for all payments in connection therewith.
(c) The Contractor shall be responsible for obtaining all necessary permit(s) and/or visa(s) from
the appropriate authorities for the entry of all labour and personnel to be employed on the Site
into the country where the Site is located.
(d) The Contractor shall at its own expense provide the means of repatriation to all of its and its
Subcontractor’s personnel employed on the Contract at the Site to their various home Countries.
It shall also provide suitable temporary maintenance of all such persons from the cessation of
their employment on the Contract to the date programmed for their departure. In the event that
the Contractor defaults in providing such means of transportation and temporary maintenance, the
Employer may provide the same to such personnel and recover the cost of doing so from the
Contractor.
(e) The Contractor shall at all times during the progress of the Contract use its best endeavours
to prevent any unlawful, riotous or disorderly conduct or behaviour by or amongst its employees
and the labour of its Subcontractors.
(f) The Contractor shall, in all dealings with its labour and the labour of its Subcontractors
currently employed on or connected with the Contract, pay due regard to all recognized festivals,
official holidays, religious or other customs and all local laws and regulations pertaining to the
employment of labour.
56.2 CONTRACTOR’S EQUIPMENT
56.2.1 All Contractors’ Equipment brought by the Contractor onto the Site shall be deemed to
be intended to be used exclusively for the execution of the Contract. The Contractor shall not
remove the same from the Site without the Project Manager’s consent that such Contractor’s
Equipment is no longer required for the execution of the Contract.
56.2.2 Unless otherwise specified in the Contract, upon completion of the Facilities, the
Contractor shall remove from the Site all Equipment brought by the Contractor onto the Site and
any surplus materials remaining thereon.
56.2.3 The Employer will, if requested, use its best endeavours to assist the Contractor in
obtaining any local, state or national government permission required by the Contractor for the
export of the Contractor’s Equipment imported by the Contractor for use in the execution of the
Contract that is no longer required for the execution of the Contract.
W& P Manual – 2012 Page 185

56.3 SITE REGULATIONS AND SAFETY
The Employer and the Contractor shall establish Site regulations setting out the rules to be
observed in the execution of the Contract at the Site and shall comply therewith. The Contractor
shall prepare and submit to the Employer, with a copy to the Project Manager, proposed Site
regulations for the Employer’s approval, which approval shall not be unreasonably withheld.
Such Site regulations shall include, but shall not be limited to, rules in respect of security, safety
of the Facilities, gate control, sanitation, medical care, and fire prevention.
56.4 OPPORTUNITIES FOR OTHER CONTRACTORS
56.4.1 The Contractor shall, upon written request from the Employer or the Project Manager,
give all reasonable opportunities for carrying out the work to any other contractors employed by
the Employer on or near the Site.
56.4.2 If the Contractor, upon written request from the Employer or the Project Manager,
makes available to other contractors any roads or ways the maintenance for which the Contractor
is responsible, permits the use by such other contractors of the Contractor’s Equipment, or
provides any other service of whatsoever nature for such other contractors, the Employer shall
fully compensate the Contractor for any loss or damage caused or occasioned by such other
contractors in respect of any such use or service, and shall pay to the Contractor reasonable
remuneration for the use of such equipment or the provision of such services.
56.4.3 The Contractor shall also so arrange to perform its work as to minimize, to the extent
possible, interference with the work of other contractors. The Project Manager shall determine
the resolution of any difference or conflict that may arise between the Contractor and other
contractors and the workers of the Employer in regard to their work.
56.4.4 The Contractor shall notify the Project Manager promptly of any defects in the other
Contractors’ work that come to its notice, and that could affect the Contractor’s work. The
Project Manager shall determine the corrective measures, if any, required to rectify the situation
after inspection of the Facilities. Decisions made by the Project Manager shall be binding on the
Contractor.
56.5 EMERGENCY WORK
If, by reason of an emergency arising in connection with and during the execution of the Contract,
any protective or remedial work is necessary as a matter of urgency to prevent damage to the
Facilities, the Contractor shall immediately carry out such work.
If the Contractor is unable or unwilling to do such work immediately, the Employer may do or
cause such work to be done as the Employer may determine is necessary in order to prevent
damage to the Facilities. In such event the Employer shall, as soon as practicable after the
occurrence of any such emergency, notify the Contractor in writing of such emergency, the work
done and the reasons therefore. If the work done or caused to be done by the Employer is work
that the Contractor was liable to do at its own expense under the Contract, the reasonable costs
incurred by the Employer in connection therewith shall be paid by the Contractor to the
Employer. Otherwise, the cost of such remedial work shall be borne by the Employer.
56.6 SITE CLEARANCE
56.6.1 Site Clearance in Course of Performance: In the course of carrying out the Contract, the
Contractor shall keep the Site reasonably free from all unnecessary obstruction, store or remove
any surplus materials, clear away any wreckage, rubbish or temporary works from the Site, and
W& P Manual – 2012 Page 186

emove any Contractor’s Equipment no longer required for execution of the Contract.
56.6.2 Clearance of Site after Completion: After Completion of all parts of the Facilities, the
Contractor shall clear away and remove all wreckage, rubbish and debris of any kind from the
Site, and shall leave the Site and Facilities clean and safe.
56.6.3 Disposal of Scrap
The Contractor shall in consultation with the Project Manager promptly remove from the site any
'Scrap’ generated during performance of any activities at site in pursuance of the Contract. The
term 'Scrap' shall refer to scrap / waste / remnants arising out of the fabrication of structural steel
work and piping work at the project site in the course of execution of the contract and shall also
include any wastage of cables during the termination process while installing the cables.
The ownership of such Scrap shall vest with the Contractor except in cases where the items have
been issued by the Employer from its stores for their installation only without any adjustment to
the Contract Price. The removal of scrap shall be subject to the Contractor producing the
necessary clearance from the relevant authorities (Custom, Excise etc.), if required by the law, in
respect of disposal of the scrap. The liability for the payment of the applicable taxes/duties shall
be that of the Contractor.
The Contractor shall also indemnify to keep the Employer harmless from any act of omission or
negligence on the part of the Contractor in following the statutory requirements with regard to
removal/disposal of scrap. The Indemnity Bond shall be furnished by Contractor as per proforma
enclosed in Section-VI (Bid Forms and Procedure). Further, in case the laws require the
Employer to take prior permission of the relevant Authorities before handing over the scrap to the
Contractor, the same shall be obtained by the Contractor on behalf of the Employer.
56.7 WATCHING AND LIGHTING
The Contractor shall provide and maintain at its own expense all lighting, fencing, and watching
when and where necessary for the proper execution and the protection of the Facilities, or for the
safety of the employers and occupiers of adjacent property and for the safety of the public.
56.8 WORK AT NIGHT AND ON HOLIDAYS
56.8.1 Unless otherwise provided in the Contract, no work shall be carried out during the night
and on public holidays of the country where the Site is located without prior written consent of
the Employer, except where work is necessary or required to ensure safety of the Facilities or for
the protection of life, or to prevent loss or damage to property, when the Contractor shall
immediately advise the Project Manager, provided that provisions of this GCC Sub-Clause 56.8.1
shall not apply to any work which is customarily carried out by rotary or double-shifts.
56.8.2 Notwithstanding GCC Sub-Clauses 56.8.1 or 56.1.3, if and when the Contractor considers
it necessary to carry out work at night or on public holidays so as to meet the Time for
Completion and requests the Employer’s consent thereto, the Employer shall not unreasonably
withhold such consent.
W& P Manual – 2012 Page 187

PART-V: ANNEXURES
ANNEXURE - A
COMMERCIAL TERMS & CONDITIONS
NAME OF THE PROJECT : ……………………………………………………..……….
1. Enquiry /NIT No : ……………………………………………………………….
Date
Date of Opening :
2. Name of the firm :
…………………
M/s…………………………….…………………………………………………………..………
………………………………………………………………………….
Phone No……………………….. Fax No……………………… E-mail ………………
3. Address of the firm :
(a) Head Office :
(b) Registered Office :
(c) Local/ Branch Office :
(d) Works :
(e) Auth. Distributor/ Autho. Agent, if any :
4. Registered with :…………………………………………………
5. Manufacturer/Make of the item(s) : M/s. ………………………………………………………
(In case of Distributor or Agent, relevant document shall be attached)
6. (a) Specify relevant Specification No……………………………………………
(b) Whether Certified by BIS or any other International Standard : YES/NO
(c)Whether Certified by ISO : YES/NO
W& P Manual – 2012 Page 188

7. To be furnished
(a)Relevant Drawing within ……………………..days of date of the P.O.
(b)Sample to be furnished within……………….days of date of the P.O.
8. Delivery : i) Delivery period ………………days from the date of PO
ii) Delivery period….days from the date of drawing approval.
9. Guarantee/Warranty Period : ………………months from the date of despatch /
…………… months from the date of commissioning
whichever is earlier.
10. Agreed to accept DVC’s Security Deposit-cum-Performance : YES
Guarantee Clause, GCC cl. No. 23
11. Agreed to accept DVC’s LD Clause GCC cl No.22 : YES
12.(a) Basis of Price : Firm/Variable
(b) If the price is variable, mention
13. Price Based on : EX
-WORKS ……………………
14. Packing & Forwarding (if any) : ……....% on quoted EX-WORKS price/NA.
15. Basis of Freight Charge :
Road/Rail/Sea/Air.
: ……………..………relevant PV Formula, base
date & ceiling limit for payment purpose, if any,
as mentioned in the bid document
Freight Charge based on By
16. Quantum of Freight Charge : …….…% of Ex-works of price
or (lump sum) on actuals against doc. evidence or
free delivery at consignee store.
17. Payment Terms : DVC’s payment term / any other
18. Insurance : By DVC’s Open Policy/by the firm.
19. a) Excise Duty : Extra @ as on the date of bid
b) Education Cess opening/not applicable.
20. a) Customs duty on imports : Extra as applicable on the date of bid
opening/NA.
b) CVD if applicable
21. Sales Tax/ vat : Concessional Sales Tax/vat as on the date of
bid opening extra / Not applicable.
W& P Manual – 2012 Page 189

22. Whether type test/inspection charge by 3 rd party attracts any statutory taxes and duties (like
ED/Cess/ST/Service Charge etc.) : ….……….
Actual quantum as on the date of bid opening to be specified / NA
23. Any other Statutory Taxes or Duties : Extra as applicable at the time of
delivery, if any / not applicable.
DATE :
SIGNATURE OF THE BIDDER ALONG WITH SEAL
W& P Manual – 2012 Page 190

ANNEXURE – B
PRICE BID
(APPLICABLE FOR MANUFACTURER ONLY. BIDDERS OTHER THAN
MANUFACTURER MAY QUOTE FOR ALL INCLUSIVE F.O.R. DESTINATION PRICE
INDICATING FREIGHT & INSURANCE COMPONENT SEPARATELY).
NAME OF THE PLANT : …………………………………………………
ADDRESS : …………….…………………………………………………
Enquiry/NIT No. : ………… …………………………………………………
Date : ……………………………………
ITEM
SL. NO.
MATERIAL
DESCRIPTION
QUANTITY
UNIT EX-
WORKS
PRICE (RS.)
UNIT F&I
CHARGE OR
UNIT
FREIGHT
CHARGE *
(RS.)
UNIT FOR
DESTINATIO
N PRICE (RS.)
TOTAL FOR
DESTINATIO
N PRICE (RS.)
(1) (2) (3) (4) (5) (6) (7)
* if the bidder opts for DVC’s Open Insurance Policy.
W& P Manual – 2012 Page 191

Besides above, the following items to be quantified, if applicable.
i.Packing & Forwarding charges, if any :……………………
ii.Excise Duty
: ……………………………..
iii.Education Cess : ……………………………
iv.Customs Duty +CVD, if any : ……………………………
v.Sales Tax /vat as applicable : ……………………………..
vi.Octroi/any other taxes & duties, if any : ……………………..
vii.Type test charge, including any taxes and duties, if any : ……………………………
viii.3 rd Party Inspection Charge as per QAP including taxes & duties, if any : ………….……...
ix. Ex-works Cost of mandatory/recommended spares : ……………………….
(enclose separate sheet if required)
x.Freight & Insurance Charge in respect of Sl. No.(ix) :……
xi.Statutory Taxes & Duties as applicable on item described at Sl. No. (ix) : …………
DATE :
SIGNATURE OF THE BIDDER ALONG WITH SEAL
W& P Manual – 2012 Page 192

ANNEXURE - C
Techno-Commercial Deviation Schedule
Bidder should agree to all the techno-commercial terms and conditions of the bid documents.
However, deviation, if any, should be stated as per the following schedule and to be submitted
along with the techno-commercial bid failing which it will be presumed that all terms and
conditions are acceptable to them. Deviations taken elsewhere and not brought out in the
following deviation schedule, the same will not be accepted. The owner reserves the right to
reject the offer on account of such deviations if the bidder, on advice of owner, does not withdraw
the deviations.
Name of the Project : ……………………………………………..
Your NIT No. :……………………………………………………..
(Bidder’s Name & Address) :………………………………………
To
…………………………………………
………………………………………….
(Purchaser’s Name & Address)
Dear Sir(s),
Following are the deviations proposed by us relating to techno-commercial terms and conditions.
We confirm that we shall withdraw the deviations proposed by us at the cost of withdrawal
indicated in the price bid falling which our bid may be rejected and Bid Security forfeited.
Sl.
No.
Clause No.
Deviation
Date : ……………………. Signature ……………………………….
Place : ……………………
(Designation) ……………………………
(Common Seal) …………………………
(Name)……………………………………
NOTE : If there are no deviation, this deviation schedule shall be submitted along with the
techno-commercial bid duly signed and stamped after stating “NIL DEVIATIONS”.
W& P Manual – 2012 Page 193

ANNEXURE - D
Cost of withdrawal of deviations
Name of the Project : ……………………………
Your NIT No. ……………………………………..
(Bidder’s Name & Address) :…………….…………………………………………
To
………………………………………………..
(Purchaser’s Name & Address)
Dear Sir(s),
Following are the deviations as proposed by us relating to techno-commercial terms and
conditions. We are also furnishing below the cost of withdrawal for the deviations proposed by
us. We confirm that we shall withdraw the deviations proposed by us at the cost of withdrawal
indicated in this attachment falling which our bid may be rejected and Bid Security forfeited.
Sl.
No.
Clause No. Deviation Cost of Withdrawal in Rs.
Date :……………………
Place : ………………….
(Designation) …………………………………..
(Common Seal) ……………………………….
(Signature)………………………………………..
(Name)……………………………………….….
NOTE : Bidders may note that bids containing deviations without the cost of withdrawal price
shall be considered as unresponsive offer and will be out rightly rejected. This schedule indicating
the cost of withdrawal price for such deviations should be submitted along with the price bid only
and will be taken into consideration for the purpose of bid evaluations. Where the bidder quote
lumpsum amount as cost of withdrawal of all the listed deviations without furnishing itemwise
break ups, the entire amount will be added for the purpose of evaluation.
W& P Manual – 2012 Page 194

ANNEXURE -E
DETAILS OF BANKER FOR MAKING PAYMENT THROUGH RTGS/NEFT
1. Name of the Company/ Beneficiary:
2. Address:
3. Phone/ FAX Number :
4. Bank Particulars :
a) Bank Name:
b) Branch Name:
c) Branch Address:
d) Branch Telephone No.& FAX No:
e) Branch Code:
Requirement for RTGS / CBS /NEFT
f) 9 Digit MICR No. of Branch (Enclose a cancelled Cheque):
g) 11 Digit IFSC Code of Bank Branch:
h) Bank Account No.:
i) Bank Account Type: Current / CC etc.:
We hereby declare that the particulars given are correct and complete. If the transaction is
delayed or credit is not affected at all for reasons of incomplete or incorrect information, we
would not hold DVC responsible.
Date:
Place:
(Authorised Signatory)
(Printed Name)
(Designation) ……………………
(Name) ……………………
Address…………………...
(Company Seal)
Bank Certification:
It is certified that above mentioned beneficiary holds a Bank Account No.----------
with our branch and the Bank particulars mentioned above are correct.
Date:
Place:
(Authorised Signatory)
(Name)
(Designation)
(Authorisation No.)
(Bank Seal)
W& P Manual – 2012 Page 195

ANNEXURE-F
NO.
Date :
To
DAMODAR VALLEY CORPORATION
(ESTABLISHED BY THE ACT XIV OF 1948)
NAME OF THE PLANT/ OFFICE
ADDRESS OF THE PLANT/ OFFICE
PURCHASE ORDER FORMAT
Tel No.
Fax No.
** VENDOR’S NAME & VENDOR’S TELEPHONE:………………
ADDRESS :……………………………..
……………………………………………
……………………………………………
FAX : ……………………….
E-MAIL : ……………………
MOBILE :…………………...
Sub: Supply of
Ref : i) Tender Enquiry No :
ii) Your Quotation No :
iii) Our Letter No :
iv) Your letter No :
Dated
Dated
Dated
Dated
Dear Sirs,
With reference to above, DAMODAR VALLEY CORPORATION is pleased to place order on
you to deliver the following item(s) subject to the terms and conditions specified herein and as
contained in our General Conditions of contract (GCC) supplied with the bid document or
download from site. Item-wise detailed specifications are also enclosed.
Sl.
No.
Description
of item
Qty Unit Unit Exworks
(to
be
mentioned
as per
quotation)
price (Rs)
* If the bidder opts for DVC’s Open Insurance Policy.
Unit
F&I
Charge
(Rs.) or
Unit
Freight
Charge*
(Rs.)
Unit FORdestination
price (Rs.)
Total
FORdestination
Price (Rs.)
W& P Manual – 2012 Page 196

TERMS & CONDITIONS
1. PRICE BASIS :
2. EXCISE DUTY :
3. EDUCATION CESS :
4. SALES TAX / VAT :
5. ANY OTHER STATUTORY
TAXES & DUTIES :
6. FREIGHT CHARGES :
7. TYPE TEST CHARGE/3 RD PARTY :
INSPECTION CHARGE, IF ANY
8. PACKING & FORWARDING CHARGES :
9. MODE OF DESPATCH & :
PLACE OF DESPATCH
10. INSURANCE :
11. PAYMENT TERMS :
12. SECURITY DEPOSIT CUM :
PERFORMANCE GUARANTEE
13. L.D CLAUSE :
14. DELIVERY :
15. INSPECTION :
(AS & WHERE REQUIRED)
16. GUARANTEE :
17. CONSIGNEE :
18. PAYING AUTHORITY :
19. SPECIAL CONDITIONS, IF ANY :
Please acknowledge receipt and convey your acceptance by returning the duplicate copy of this
Purchase Order duly signed with company seal and date within 10(ten) days to the Purchase
Order Issuing Authority.
W& P Manual – 2012 Page 197

Enclosure :-
1. DETAILED SPECIFICATIONS OF THE ITEM (S).
2. BANK GUARANTEE FORMAT.
3. GUARANTEED TECHNICAL PARTICULARS.
4. special condition of contract
Yours faithfully,
(PO SIGNING AUTHORITY)
FOR & ON BEHALF OF
DAMODAR VALLEY CORPORATION
** This format is for items procured from manufacturer only. FOR non-manufacturer vendor, allinclusive
FOR-D price to be indicated in PO.
W& P Manual – 2012 Page 198

ANNEXURE –G
DAMODAR VALLEY CORPORATION
NAME OF THE PLANT :……………………………………
ADDRESS :……………………………………………………
CERTIFICATE OF OEM/OES/ PROPRIETORY/STANDARDISED ARTICLES
A. Manufacturer’s/Vendor’s ::
Name and Address & details of works where the item is manufactured
B Description of Articles ::
C. Control Code No ::
D. Indigenous/Imported Item ::
E. If Imported, Name of the Indian Agent if any ::
F. Indent No with Date ::
G. Estimated Value ::
H. Basis of estimate : ………………………
1. This is to certify that to the best of my knowledge the items covered in the above indent are
manufactured by the manufacturer indicated above only and as such these items are declared to
be proprietary items of them.
2. This is to certify that the above item has been standardized for a period of
vide Office Memorandum No.
dated
.
3. This is to certify that the spares covered in above Indent are required for use on the equipment
manufactured as indicated on the face of indent and as such these spares are declared as
proprietary spares of them.
4.a)This is to certify that items covered in above indent are required for use on the equipment
manufactured by the vendor indicated on the face of Indent and given therein above will only
serve our purpose and no other make shall be suitable. Hence the items indented may be
procured from them on single tender basis.
4. b) This is to certify that the equipment indented is from Original Equipment Manufacturer
(OEM)
5. (a) In case the indented item to be procured from OES, Indenting authority should certify that
to the best their knowledge no substitute for the items covered in the above indent are
available in the market and there is no other vendor available for supply of the indented
item.
W& P Manual – 2012 Page 199

(b) OES as indicated by the Indenting Authority should certify that the tendered items are
manufactured under their direct technical supervision and necessary measures have been
taken by them for ensuring quality assurance.
6. This is to certify that the items covered in the above indent have been originally manufactured
/ supplied by the vendor mentioned above.
Signature
Name
Designation
Date
Please strike out which are not applicable.
This certificate should be issued by authority not below the rank of
Station Chief/Sr.C.E. HOD./CE
Please note the following in general with respect to OEM & OES :
OEM - In case of complete equipment such as, Pump, Motor, Panel etc., manufacturer of the
complete equipment as a whole or component parts manufactured by the OEM only, may be
considered as Original Equipment Manufacturer (OEM).
OES – In case of supply of a package consisting of number of equipments/components, the
supplier of the total package may be considered as the original equipment supplier (OES) and the
same is a bought out item.
PAC - The article/component is manufactured by the vendor only and there is no other known
vendor who manufacture the same article.
W& P Manual – 2012 Page 200

ANNEXURE-H
DAMODAR VALLEY CORPORATION
NAME OF THE PLANT………………………….
ADDRESS………………………………………...
BID OPENING STATEMENT
Tender Enquiry No. :
Date of Opening :
Number of Tender Documents sold :
Number of Tenders received :
Original Opening Date :
Extended Opening date if any :
Tenders were opened at on in presence of the following
representatives of the Vendors:
Sl. No. Name of Vendor’s
representative
with
Designation
01.
Full signature of the
representative with
date
Authorization letter
No & Date of the
Vendor to attend
Tender Opening.
02.
03.
04.
05.
W& P Manual – 2012 Page 201

1. DVC OFFICER’S FROM FINANCE / ACCOUNTS DEPARTMENT PRESENT IN THE
BID OPENING.
Full Name :
Designation :
Signature & Date :
2. DVC OFFICERS PRESENT IN THE BID OPENING
i. Full Name:
Designation:
Signature & Date :
ii. Full Name :
Designation :
Signature & Date :
NB. In case of E-procurement, tender opening committee members will open the bid through
their individual key and fill in the auto generated form.
W& P Manual – 2012 Page 202

ANNEXURE-I
DAMODAR VALLEY CORPORATION
NAME OF THE PLANT
ADDRESS
FROM: SDE / SE / (PURCHASE
DEPTT) / CPO
TO: ACAO,SR.AO(CASH)DVC
AO (CASH), DVC
SUB : Release of Earnest Money Deposit (EMD) against Tender Enquiry No.
dated .
REF: OUR EMD FORWARDING LETTER NO.
DATED
ADDRESSED TO THE
(ACCO/SR.AO-CASH).
As the ordering action against the above tender has already been finalised, you are requested to
release the EMD of the following unsuccessful bidders with intimation to us.
Sl. No. Name of the Party EMD details (Rs. ) in the form of
1.
2.
3.
4.
5.
SIGNATURE WITH DATE CHIEF
PURCHASE OFFICER/ TENDER
INVITING AUTHORITY
W& P Manual – 2012 Page 203

ANNEXURE -J
REQUEST TO INDENTING OFFICER FOR NO DEMAND CERTIFICATE TO
RELEASE BG
DAMODAR VALLEY CORPORATION
NAME OF THE PLANT
ADDRESS
SUB : REQUEST FOR NO DEMAND CERTIFICATE TO RELEASE BANK
GUARANTEE NO.
DATED
REF: PURCHASE ORDER NO. DATED FOR SUPPLY
OF
M/S.
PLACED
THE SUBJECT MENTIONED BANK GURANTEE AMOUNTING TO
RS. THE FIRM HAS NOW
REQUESTED TO RETURN THE BG VIDE THEIR LETTER NO
ON
DATED
(COPY ENCLOSED). YOU ARE, THEREFORE, REQUESTED TO ISSUE
NO DEMAND CERTIFICATE TO RELEASE THE BG IF THE CONTRACTUAL
OBLIGATIONS including technical parameters AS PER THE TERMS & CONDITIONS OF
THE PURCHASE ORDER HAS BEEN FULFILLED BY THE SUPPLIER. IN CASE THERE
IS ANY DIFFICULTY IN ISSUING THE NO DEMAND CERTIFICATE, THE REASON FOR
THE SAME MAY PLEASE BE COMMUNICATED. PLEASE SEND YOU REPLY
IMMEDIATELY.
SIGNATURE WITH DATE
(EE/SDE/SE OF PURCHASE DEPARTMENT)
W& P Manual – 2012 Page 204

ANNEXURE-K
NO DEMAND CERTIFICATE TO RELEASE BG
DAMODAR VALLEY CORPORATION
NAME OF THE PLANT
ADDRESS
FROM: HEAD OF INDENTING
DEPARTMENT/PLANT/IO
TO: SDE/SE/CPO/PURCHASE
DEPARRMNT
SUB : NO DEMAND CERTIFICATE TO RELEASE BANK GUARANTEE NO.
DATED
REF: 1. PURCHASE ORDER NO. DATED
FOR SUPPLY OF PLACED ON M/S.
2. LETTER NO. DATED OF CPO
NO DEMAND IS HERE BY ISSUED TO RELEASE THE ABOVE MENTIONED BANK
GUARANTEE AMOUNTING TO RS. AS THE CONTRACTUAL
OBLIGATIONS AS PER THE TERMS & CONDITIONS OF THE ABOVE PURCHASE
ORDER HAS BEEN FULFILLED BY THE SUPPLIER M/S.
SIGNATURE WITH DATE
CE/HOD/IO, INDENTING DEPARTMENT/PLANT
W& P Manual – 2012 Page 205

ANNEXURE-L
RELEASE OF SECURITY DEPOSIT – BANK GUARANTEE
DAMODAR VALLEY CORPORATION
NAME OF PLANT
ADDRESS
FROM : EE / SDE / SE / CPO
TO: CAO / ADDL. ACO
SUB : REQUEST FOR RELEASE OF BANK GUARANTEE NO.
.
REF:1. PURCHASE ORDER NO.
FOR SUPPLY OF
M/S. .
2. OUR LETTER NO. DATED
DATED
PLACED
DATED
ON
THE SUBJECT MENTIONED BANK GUARANTEE AMOUNTING TO RS.
HAS EXPIRED ON
(DATE). AS THE FIRM HAS FULLY EXECUTED THE
ORDER, YOU ARE, THEREFORE, REQUESTED TO RELEASE THE SDBG AGAINST THE
ABOVE PURCHASE ORDER IMMEDIATELY.
SIGNATURE WITH DATE
(PURCHASE DEPARTMENT)
W& P Manual – 2012 Page 206

DAMODAR VALLEY CORPORATION
NAME OF PLANT
ADDRESS
BANK GUARANTEE VERIFICATION CHECK LIST
ANNEXURE-M
CHECKLIST YES NO
1. Does the Bank Guarantee compare verbatim with
standard DVC Proforma for BG
2. a) Has the executing Officer of BG indicated his
name, designation & power of Attorney No. /
Signing Power number etc. on BG
b) Is each page of BG duly signed / initialed by the
executants and last page is signed with full
particulars as required in the DVC’s standard
Proforma of BG and under the seal of the Bank
c) Is BG no. and date mentioned on all pages of the
BG.
d) Does the last page of the BG carry the signature
of two witnesses alongside the signature of the
Executing Bank Manager.
3. a) Is the BG on non – judicial stamp paper of
appropriate value.
b) Is the date of sale of non-judicial stamp paper is
issued not more than six months prior to date of
execution of BG
4. a) Are the factual details such as Bid
specifications No. /NIT No. /LOA/PO No. contract
price, etc. correct
b) Whether overwriting /cutting if any on the BG
authenticated under signature & seal of executants.
5) Is the amount and validity of BG in line with
contract provisions
W& P Manual – 2012 Page 207

6) Is the foreign bank guarantee, confirmed by a
Nationalized/Scheduled bank in India (as
applicable)
7) Whether the BG has been issued by a
Nationalized Bank/non-Nationalized Bank
Acceptable to DVC / Scheduled bank of India (the
applicability of the bank should be in line with the
provisions of bidding Documents). (on non-judicial
stamp paper of appropriate value to be purchased in
the name of the Bank).
W& P Manual – 2012 Page 208

(on non-judicial stamp paper of appropriate value to be purchased in the name of the Bank).
FORM OF EXTENSION OF BANK GUARANTEE
ANNEXURE-N
Ref. No. :
To
*Damodar Valley Corporation,
Date……….
Sub : Extension of Bank Guarantee No. Dated for
Rs. favouring yourselves, expiring on on account of
M/s.
in respect of P.O. No.
Dated .
(Hereinafter called original Bank Guarantee)
Dear Sirs,
At the request of M/s.………………………… We…………………… Bank Branch Office at
………………………and having its head office at ………………………do hereby extend the
validity of the above mentioned Bank Guarantee No……………………… dated ………… by
another ……………….. months/years and will now expire on ………………… with claim
period upto ………………….
Except as provided above, all other terms and conditions of the original Bank Guarantee
No……………Dated…………………shall remain unaltered and binding.
Please treat this as an integral part of the original guarantee to which it would be attached.
Yours faithfully,
For……………………………………….
Manager/Agent/Accountant
Dated……………….
SEAL OF BANK
Note : * Please mention the full address of project/office where the Bank Guarantee is to be
submitted.
The non – judicial stamp paper should be in the name of issuing Bank.
W& P Manual – 2012 Page 209

ANNEXURE-O
PROFORMA BANK GUARANTEE FOR ADVANCE
(To be stamped in accordance with Stamp Act)
Ref : ………………………………………
Bank Guarantee No……………
Dated : ………………………….
To
*Damodar Valley Corporation
Address of the Plant
Know all men by these presents that in the consideration of the Damodar Valley Corporation
(herein after referred to as the ‘Owner’, which expression shall unless repugnant to the context or
meaning thereof include its successors, administrators and assigns) having awarded to
M/s……………………… With its Registered / Head Office
at……………………………………………… hereinafter referred to as ‘Contractor ‘ which
expression shall unless repugnant to the context or meaning thereof, include its successors,
administrators, executors, and assigns) a contract by issue of Owner’s Letter of Award
No. dated and the same having been unequivocally
accepted by the Contractor, resulting into a Contract bearing No.
dated
valued at for (scope of work) contract (hereinafter
called ‘Contract’) and the owner having agreed to make an advance payment to the Contractor for
performance of the above Contract amounting to
(in
words and figures) as an Advance against Bank Guarantee to be furnished by the Contractor.
We
(name of the Bank) having its head Office at
(address) (hereinafter referred to as the ‘ Bank’ which expression shall unless repugnant to the
context or meaning thereof, include its successors, administrators, executors and assigns) do
hereby guarantee and undertake to pay the owner immediately on demand any or all money
payable by the Contractor to the extent of
(in words and figures) at
any time upto
without any demur, reservation, recourse, contest or protest and or
without any reference to the contractors. Any such demand made by the owner on the bank shall
be conclusive and binding notwithstanding any difference between the owner and contractor or
any dispute pending before any court, Tribunal, arbitrator or any other authority. We agree that
the Guarantee herein contained shall be irrecoverable and shall continue to be enforceable till the
owner discharges this Guarantee.
W& P Manual – 2012 Page 210

The owner shall give the fullest liberty without affecting in any way the liability of the Bank
under the Guarantee from time to time to vary the advance or to extend the time for performance
of the Contract by the Contractor. The owner shall have the fullest liberty without affecting this
Guarantee, to postpone from time to time the exercise of any powers vested in them or of any
right which they might have against the contractor, and to exercise the same at any time in any
manner, and either to enforce or to forebear to enforce any covenants contained or implied in the
Contract between the Owner and the Contractor or any other course or remedy or security
available to the Owner. The Bank shall not be released of its obligations under these presents by
any exercise by the Owner of its liberty with reference to matters aforesaid or any of them or by
reason of any other act or forbearance or other acts of omission or commission on the part of the
law would but for this provision have the effect of relieving the Bank.
The Bank also agrees that on certification of the Owner the amount of the Bank Guarantee shall
stand reduced to the extent so notified by the Owner semi-annual. It is further agreed that the
reduction so notified by the Owner shall be conclusive and binding on the bank without any
reservation.
The Bank also agrees that the Owner at its option shall be entitled to enforce this Guarantee
against Bank as a Principal debtor in first instance without proceeding against the Contractor and
notwithstanding any security or other Guarantee that the Owner may have in relation to the
Contractor’s liabilities.
Notwithstanding anything contained hereinabove, our liability under this guarantee is limited to
and it shall remain in force upto and including
@
and shall be extended from time to time
for such period (not exceeding one year) as may be desired by M/s.
on whose behalf this Guarantee has been given.
Dated this day of 200 at .
Witness :
(Signature)
Witness :
Signature
Name
Designation with Bank Stamp
Signature
Official Address
W& P Manual – 2012 Page 211

Strike out whichever is not applicable
@ the date will be 90 days after the date of completion of the contract.
Note : * Please mention the full address of project/office where the Bank Guarantee is to be
submitted.
W& P Manual – 2012 Page 212

(On non-judicial stamp paper of appropriate value)
ANNEXURE-P
PROFORMA OF BANK GUARANTEE IN LIEU OF EARNEST MONEY DEPOSIT
To
*DAMODAR VALLEY CORPORATION BG No. :
DVC TOWERS : VIP ROAD Date :
KOLKATA-54.
Dear Sir.
In accordance with your Notice Inviting Tender for ……………………………
………………………...………………………………………under your specification
No………………………dated…………………M/s.
(Hereinafter called the Tenderer) hereby submit the Bank Guarantee:
Whereas to participate in the said tender for the following:
……(Name& full address of the firm)
1. …………………………………………………… (Name of the items to be
2. ……………………………………………………
supplied as per NIT)
3. ……………………………………………………
It is a condition in the tender documents that the tenderer has to deposit Earnest Money
amounting to Rs. …………… in respect to the tender, with Damodar Valley Corporation(*)
(hereinafter referred to as “Corporation”) by a Bank Guarantee from a Nationalised Bank/
Schedule Bank/Foreign Bank irrevocable and operative till the validity of the offer(i.e.
…………days from the date of opening of tender) for the like amount which amount is likely to
be forfeited on the happening of contingencies mentioned in the tender documents.
W& P Manual – 2012 Page 213

And whereas the tenderer desires to secure exemption from deposit of Earnest Money and has
offered to furnish a Bank Guarantee for a sum of Rs……………… to the Corporation as Earnest
Money.
Now, therefore, we the ………………………(Bank), a body corporate constituted under the
Banking Companies (Acquisition and Transfer of Undertaking) Act. 1969 (delete, if not
applicable) and branch Office at…………. (Hereinafter referred to as the Guarantor) do hereby
undertake and agree to pay forthwith on demand in writing by the Corporation of the said
guaranteed amount without any demur, reservation or recourse.
We, the aforesaid bank, further agree that the Corporation shall be the sole judge of and as to
whether the tenderer has committed any breach or breaches of any of the terms costs, charges and
expenses caused to or suffered by or that may be caused to or suffered by the Corporation on
account thereof to the extent of the Earnest Money required to be deposited by the Tenderer in
respect of the said Tender Document and the decision of the Corporation that the Tender has
committed such breach or breaches and as to the amount or amounts of loss, damage, costs,
charges and expenses caused to or suffered by or that may be caused to or suffered by the
Corporation shall be final and binding on us.
We, the said Bank further agree that the Guarantee herein contained shall remain in full force and
effect until it is released by the Corporation and it is further declared that it shall not be necessary
for the Corporation to proceed against the Tenderer before proceeding against the Bank and the
Guarantee herein contained shall be invoked against the Bank, notwithstanding any security
which the Corporation may have obtained or shall be obtained from the Tenderer at any time
when proceedings are taken against the Bank for whatever amount that may be outstanding or
unrealised under the Guarantee.
The right of the Corporation to recover the said amount of Rs. …………..……
(Rupees………………….) from us in manner aforesaid will not be precluded/affected, even if,
disputes have been raised by the said M/S………………(Tenderer) and/or dispute or disputes are
pending before any authority, officer, tribunal, arbitrator(s) etc.
Notwithstanding anything stated above, our liability under this guarantee shall be restricted to Rs.
…………….. (Rupees …………………………………………) only and our guarantee shall
W& P Manual – 2012 Page 214

emain in force upto ………………….. ………..and unless a demand or claim under the
guarantee is made on us in writing within three months after the aforesaid date i.e. on or before
the …………………. all your rights under the guarantee shall be forfeited and we shall be
relieved and discharged from all liability there under.
Date …………………
(Signature) ………………………………
Place …………………
(Printed Name) …………………………
(Designation) …………………………..
(Bank’s common seal) …………………
In presence of:
WTTNESS (with full name, designation, address & official seal, if any)
(1)
(2)
Please indicate the name and address of the projects / stations / offices
where the B.G. is to be executed.
W& P Manual – 2012 Page 215

(on non-judicial stamp paper of appropriate value to be purchased in the name of executing Bank)
ANNEXURE-Q
PROFORMA OF BANK GUARANTEE FOR SECURITY DEPOSIT-CUM-
PERFORMANCE GUARANTEE
Ref……………………
Bank Guarantee No………………………
Date………………….
PROFORMA OF B.G. FOR SECURITY DEPOSIT/100% PAYMENT
(1) KNOW ALL MEN BY THESE PRESENTS that in consideration of Damodar Valley
Corporation, a Corporation constituted and established under the Damodar Valley Corporation
Act being Act No. XIV of 1948 and having its Headquarters at D.V.C. Towers, V I P Road,
Kolkata-700 054
(hereinafter called “The Corporation”) having agreed to accept from
(hereinafter called “The Contractor”), a Bank Guarantee for
Rs.
in lieu of Cash Security Deposit for the due fulfillment by the Contractor
of the terms & conditions of the *Purchase Order/Letter of Intent/Letter of Acceptance/ work
order No. issued by the Corporation for
(Name & Description of the work/material)
(hereinafter called “the said *Purchase Order/Letter of Intent/Letter of
Acceptance/ work order”) we
(hereinafter called “the
Guarantor”) do hereby undertake to indemnify and keep indemnified the Corporation to the extent
of Rs. (Rupees
) only against any loss or damage caused to or suffered by
the Corporation by reason of any breach by the Contractor of any of the terms and conditions
contained in the said * Purchase Order/Letter of Intent/Letter of Acceptance/ work order of which
breach the opinion of the Corporation shall be final and conclusive.
W& P Manual – 2012 Page 216

(2) AND WE, DO HEREBY Guarantee and undertake to pay
forthwith on demand to the Corporation such sum not exceeding the said sum of
(Rupees
) only as may be specified in
such demand, in the event of the Contractor failing or neglecting to execute fully efficiently and
satisfactorily the order for
PLACED WITH IT (the
work tendered for by it) within the period stipulated in the said *Purchase Order/Letter of
Intent/Letter of Acceptance/work order in accordance with terms and conditions contained or
referred to in the said *Purchase Order/Letter of Intent/Letter of Acceptance/work order in the
event of the Contractor refusing or neglecting to maintain satisfactory operation of the equipment
or work or to make good any defect therein or otherwise to comply with and conform to the
design, specification, terms and conditions contained or referred to in the said *Purchase
Order/Letter of Intent/Letter of Acceptance/ work order.
(3) WE further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be taken for the
performance of the said order as laid down in the said *Purchase Order/Letter of Intent/Letter of
Acceptance/work order including the warranty obligations and that it shall continue to be
enforceable till all the dues of the Corporation under or by virtue of the said * Purchase
Order/Letter of Intent/Letter of Acceptance/work order have been fully paid and its claims
satisfied or discharged or till the Corporation or its authorized representative certified that the
terms and conditions of the said * Purchase Order/Letter of Intent/Letter of Acceptance/ work
order have been fully and properly carried out by the said contractor and accordingly discharged
the Guarantee.
(4) WE , the Guarantor undertake to extend the validity
of Bank Guarantee at the request of the Contractor for further period or periods from time to time
beyond its present validity period failing which we shall pay the Corporation the amount of
Guarantee.
(5) The liability under this guarantee is restricted to Rs. (Rupees
) only and will expire on
W& P Manual – 2012 Page 217

and unless a claim in writing is presented to us or an action or suit to
enforce the claim is filed against us within 6 months from
all your rights
will be forfeited and we shall be relieved of and discharged from all our liabilities (thereinafter).
(6) The Guarantee herein contained shall not be determined or effected by liquidation or winding
up or insolvency or closure of the Contractor.
(7) The executants has the power to issue this guarantee on behalf of the Guarantor and holds full
and valid power of Attorney granted in his favour by the Guarantor authorizing him to execute
the Guarantee.
(8) Notwithstanding anything contained herein above, our liability under this guarantee is
restricted to Rs. (Rupees only and our guarantee
shall remain in force upto
and unless a demand or claim under the
guarantee is made on us in writing on or before
all your rights under the
guarantee shall be forfeited and we shall be relieved and discharged from all liabilities there
under.
WE,
Bank lastly undertake not to revoke this guarantee during the
currency except with the previous consent of the Corporation in writing. In witness whereof we
have set and subscribed our hand on this
day of .
WITNESS :
1)
SIGNED, SEALED AND DELIVERED
(Stamp of the executants)
2)
(Name & address in full with Rubber Stamp)
*Mention the relevant along with reference number.
Delete the terms which are not applicable. Each page of B.G. to be signed by the executant with
common Bank stamp and date.
W& P Manual – 2012 Page 218

INSTRUCTIONS FOR FURNISHING BANK GUARANTEE
1. Bank Guarantee (B.G.) for Advance Payment, Mobilization Advance, B.G. for Security
Deposit-cum-Performance Guarantee, Earnest Money should be executed on the Non-Judicial
Stamp Paper of the applicable value and to be purchased in the name of the Bank.
2. The Executor (Bank authorities) may mention the Power of Attorney No. and date of
execution in his/her favour with authorization to sign the documents.
The Power of Attorney is to be witnessed by two persons mentioning their full name and
address.
3. The B.G. should be executed by a Nationalized Bank/Scheduled Commercial Bank. B.G.
from Co-operative Bank/Rural Banks are not acceptable.
4. A Confirmation Letter of the concerned Bank must be furnished as a proof of genuineness of
the Guarantee issued by them.
5. Any B.G. if executed on Non-Judicial Stamp paper after 6(six) months of the purchase of
such stamp paper shall be treated as Non-valid.
6. Each page of the B.G. must bear signature and seal of the Bank and B.G. Number.
7. The contents of the B.G. shall be strictly as Proforma prescribed by D.V.C. in line with
Purchase Order/LOI/Work Order etc. and must contain all factual details.
8. Any correction, deletion etc. in the B.G. should be authenticated by the Bank Officials signing
the B.G.
9. In case of extension of a Contract, the validity of the B.G. must be extended accordingly.
10. B.G. must be furnished within the stipulated period as mentioned in Purchase
Order/L.O.I./Work Order etc.
11. Issuing Bank/The Vender are requested to mention the Purchase Order/Contract/Work Order
reference along with the B.G. No. for making any future queries to D.V.C.
W& P Manual – 2012 Page 219

(On non judicial stamp paper of appropriate value).
PROFORMA FOR INDEMNITY BOND TO BE EXECUTED BY THE VENDOR /
CONTRACTOR IN CONFIRMATION OF RECEIPT OF MATERIAL HANDED OVER
BY DVC FOR REPAIR / RECTIFICATION AT THEIR PREMISES AND SUBSEQUENT
RETURN OF THE SAME IN SAFE AND ACCEPTANCE CONDITIONS.
INDEMNITY BOND
This Indemnity Bond is made this……………day ………………….by
M/s…………………………………………………………. having its registered office at
………………………………….………… (hereinafter called vendor/contractor which
expression shall include its successors and permitted assigns) in favour of DVC
………………… having its Headquarter at DVC Towers, Kolkata–54 and its project/station at
………………………………….……(Hereinafter called the “DVC” which expression shall
include its successors and assigns).
Whereas DVC has awarded P.O. / Letter of intent/award letter / contract No. ………….. dated
……….. to the vendor / Contractor and its amendment No. ………….. dated ………….
Amendment No. …………………. dated …………….. applicable when amendments have been
issued (hereinafter called contract) and against which the materials supplied by the vendor /
contractor, was on inspection, found to be not confirming to specification / drawing / sample as
per contract and/or received in damaged condition and hence rejected.
And whereas by virtue of clause No………. of the said contract, the vendor / Contractor is
required to execute an Indemnity Bond in favour of DVC for the purpose of free
replacement/repair / rectification of the rejected consignment if so required.
Now, therefore, this indemnity Bond witnessed as follows :
The vendor / contractor is under obligation and shall remain absolutely responsible for the safe
transit/protection and custody of the materials / equipments till it is handed over to DVC after
doing necessary replacement/repair/rectification as envisaged in the above clause.
The DVC is and shall remain the exclusive owner of the materials / equipments free from all
encumbrances, charges or fines of any kind, whatsoever.
W& P Manual – 2012 Page 220

That this Indemnity Bond is irrevocable.
Now the conditions of this bond is that if the vendor / contractor shall duly and punctually comply
with the terms and conditions of this bond till the receipt and acceptance of the material /
equipment, then the above bond shall be void, but otherwise it shall remain in full force and
virtue.
In witness whereof the vendor/contractor has here-unto set the hand through its authorized
representative under the common seal of the company, the day, month and year first above
mentioned.
SCHEDULE
Particulars of the
material/equipment
handed over
Qty.
Despatch
particulars
RR/GR
carrier,
date/Bill
loading
No.
of
Value of the
equipment
Sign. Of
Attorney
in token
of receipt.
Witness - I
1. Signature For and on behalf of M/s……………
2. Name Name
3. Address with seal Signature Designation
with seal Common seal of
Company
W& P Manual – 2012 Page 221

Witness - II
1. Signature Authorized representatives
2. Name
3. Address with seal
Note : * Indemnity Bonds are to be executed by the authorised persons and (i) In case of
contracting Company under common seal of the Company or (ii) having the power of attorney
issued under common seal of the company withy authority to execute Indemnity Bonds, (iii) In
case, (ii) the original Power of Attorney if it is specifically for our contract or a Photostat copy of
the Power of Attorney if it is a General Power of Attorney and such documents should be
attached to Indemnity Bond.
W& P Manual – 2012 Page 222

CHECKLIST TO BE SENT BY TENDER COMMITTEE TO TAA
ANNEXURE-R
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Indent for spares & consumables has approval of competent
authority as per relevant DFP provision/MANUAL
Indent for Capital item accompanied by a copy of updated
sanction order.
Indent is placed in prescribed Form with all columns duly
filled in.
Budget provision indicating specific head of expenditure in
the year of effecting delivery is confirmed.
P.A.C./O.E.S or O.E.M/source standardisation certificate is
furnished by competent indenting authority for single tender
procurement.
B.U.S. concurrent with the indent containing information on
last 3 years consumption, stock position, pending indent &
P.O. and rate & source of last purchase with P.O. reference,
is furnished.
Initial or first time procurement against replacement of
spares & capital item should not be stated as ‘New Item’
unless it was never put to use.
Ordering quantity fixed in excess of average annual
consumption with due weight age on stock position, indent
and P.O. in live and procurement lead time is as per
justification furnished by I.O.
Indent for new item is properly justified by I.O. along with
the Utilisation Certificate.
Whether indigenous source development is explored in
respect of import of spares or capital goods.
Last purchase rate of overseas P.O. is given in foreign
currency for a meaningful price comparison along with
source of last supply.
Expected residual life of the item proposed for purchase and
presently under operation vis-à-vis prescribed life of the new
one reasonably assessed and recorded.
High value purchase proposal contain it’s Utilisation
programme, preferably within warranty period. Views of
concerned Director on this score obtained.
Yes/No/NA
Yes/No/NA
Yes/No/NA
Yes/No/NA
Yes/No/NA
Yes/No/NA
Yes/No/NA
Yes/No/NA
Yes/No/NA
Yes/No/NA
Yes/No/NA
Yes/No/NA
Yes/No/NA
W& P Manual – 2012 Page 223

14.
15.
16.
17.
18.
19.
20.
21.
22.
Proposal for procurement of improved version over the
existing one is properly justified with reference to its
optimum utilisation and cost benefit aspect and availability
of trained man-power with obsolency certificate as per
authority delegated in Manual.
Exact technical specification matched with requirement of
user section for computers and other product where
technology is fast changing is settled before issuance of NIT
and recommended, offer strictly in conformity with NIT is
confirmed.
Recommendation as to technical acceptance of offer
obtained from I.O. / his representative in TC.
Price reasonability of single offer on
PAC/OEM/OES/Standard Source basis is analysed and
commented upon.
Purchase proposal is placed after settlement of all deviation
in techno commercial part of the offer as per NIT terms.
Availability of surplus stock in other projects is checked and
considered in fixing the ordering quantity.
In case of L.T.E. updated vendor base is considered.
Vendor’s behaviour is duly considered in recommendation
for waiver of security deposit and L/D clause.
Price implication of commercial terms & conditions of all
the offers are evaluated on equal platform and considered in
the comparative statement
Yes/No/NA
Yes/No/NA
Yes/No/NA
Yes/No/NA
Yes/No/NA
Yes/No/NA
Yes/No/NA
Yes/No/NA
Yes/No/NA
W& P Manual – 2012 Page 224

DAMODAR VALLEY CORPORATION
ANNEXURE-S
ADDRESS OF PLANTS/FIELD OFFICES……………………………….……
MATERIALS DESPATCH CLEARANCE CERTIFICATE
VENDOR’S NAME :
P.O. NO./CONTRACT NO. : DATE :
INSPECTOR’S NAME & DESIGNATION :
INSPECTED ON………(Date)
SL. NO. MATERIAL DESCRIPTION QUANTITY REMARKS
SIGNATURE :
NAME :
DESIGNATION :
ADDRESS OF PLANT :
W& P Manual – 2012 Page 225

DAMODAR VALLEY CORPORATION
ANNEXURE-T
ADDRES OF PLANTS/ FIELD OFFICES……………………………..………………
INSPECTION REPORT
(ENCLOSE SEPARATE SHEETS, IF REQUIRED)
1. P.O. NO./CONTRACT NO. :
2. NAME & ADDRESS OF SUPPLIER :
3. NAME & ADDRESS OF SUBVENDOR, IF ANY :
4. ITEM DESCRIPTION :
5. Date of Inspection :
6. Place of Inspection :
SL.
NO.
DETAILS OF ITEMS
QTY
ORDERED
/ OFFERED
QTY
ACCEPTED
REMARKS
(Sign. of DVC Inspection Authority)
(Sign. of Supplier)
W& P Manual – 2012 Page 226

ANNEXURE-U
SUMMARY SHEET OF PROPOSAL PLACED AT TC (AT HQ ) BY FIELD TC
1. Project Details with justification :
a) Name of the Project & :
Scope & work
b) Initiating Deptt. / Section :
with date of initiation
2. Departmental Estimates :
i) Amount :
ii) Basis :
a. Schedule of rates :
b. LPP :
c. Budgetary Offer/ :
market rate
d. Order of other Power :
utilities
e. DPR/Details Estimate Cost :
W& P Manual – 2012 Page 227

3. Sanction Order :
Whether financial sanction obtained: a) Yes b) No
4. Budget Status :
Budget Provision exists in
a) B.E. ……………..
b) R.E. ……………..
c) Remarks, if any :
5. Tendering :
A. SINGLE TENDER :
(a) Reasons for Single Tendering :
(b) NIT Details :
(i) Date of NIT :
(ii)Date of Opening :
(iii)TIA :
(iv)DFP Serial :
(v) Remarks, if any :
(c) Other Details :
i) PSU :
ii) Emergency :
iii) Urgency :
iv) Any other :
B. LIMITED TENDER ENQURY :
(a) Reasons for Limited Tendering :
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(b) Selection Mode :
i) Approving Authority :
ii) From Approved Vendors :
iii) From known vendors :
iv) From others :
(c) NIT Details :
(i) Date of NIT :
(ii) Date of Opening :
(iii) TIA :
(iv) DFP Serial :
(v) Web publication, if any :
(vi) Remarks, if any :
(d) No. of bidders invited :
(e) No. of bidders responded :
(f) Name of NIT compliant bidders :
C. OPEN TENDER :
(a) Nit Details :
(i) Press publication Date:
(ii) Hosting Date in the Web :
(iii) Date of Opening :
(iv) TIA :
(v) DFP Serial :
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(vi) Remarks, if any :
(b) Type of Tenders :
(i) Two Stage :
(ii) Single Stage with 4/3/2/1 Envelope :
(iii) Approving Authority :
6. Pre – bid Discussion :
(a) Date :
(b) No. of participants :
(c) Amendment, if any :
(i) Completion Period :
(ii) Revised date of submission of bid, if any :
(iii) Others :
(d) Intimation of Amendment, if any :
7. Techno – commercial Evaluation :
(i) Opening Date :
(ii) No. of bidders responded :
(iii) Name(s) of the Techno- commercially :
accepted bidder as per NIT
(iv) No. of rejected bids with reasons :
for rejection
(v) Tender Committee’s Recommendation :
with details of deviation , if any and
authority of condonation
8. PRICE BID
(i) Opening Date :
(ii) No. of bidders :
(iii) Ranking statement :
W& P Manual – 2012 Page 230

Name of
bidder
Ranking
Evaluated
Price
% w.r.t.DE
(for L 1 bidder)
% w.r.t. L 1
L1
L2
L3
L4
(iv) Discussion on Reasonability of Price :
w.r.t. : a) DE :
b) Market Price :
c) Others to be specified :
(v) Rejection of Price Bid, if any with reasons :
(vi) Other salient techno-commercial features :
Features As per NIT As per L 1 Offer REMARKS
DP/Completion period
SD
LD
Advance Payment, if
any
Validity of offer
Terms of Payment
(vii) Total Financial Involvement :
(viii) Tender Committee’s recommendation :
for price bid with deviation, if any
W& P Manual – 2012 Page 231

and its authority of condonation
9. Point of Decision/Recommendation of Field:
10.Point of Decision of TC(HQ) :
11. Accepting Authority :
(Signature of the concerned authority)
Placing the case to TC(HQ)
W& P Manual – 2012 Page 232

ANNEXURE-V
DAMODAR VALLEY CORPORATION
AGREEMENT FOR ANNUAL MAINTENANCE CONTRACT
AN AGREEMENT made and entered into this…………. day of ............ 20…. by and between
M/s DAMODAR VALLEY CORPORATION (DVC),(Name of the Power Station/ Hydel
Station/Field Formations) of the FIRST PART (which expression shall unless repugnant to the
context be deemed to include its successors or assigns) and M/s………………. of the SECOND
PART (which expression shall unless repugnant to the context or meaning thereof be deemed to
include its successors or assigns.)
WHEREAS the aforesaid Party of the First Part invited tenders for the work of
(Name of the work).
WHEREAS the tender of the Party of the Second Part was accepted and the work was awarded to
the Party of the Second Part by letter no.
AND WHEREAS the Party of the Second Part has accepted the work order aforesaid in their
letter No.
Now the Agreement, witnessed and it is hereby agreed by and between the parties as follows:
I.This Agreement is a contract for service, consisting of Clauses 1 to 21, inclusive of Annexure
hereto and NIT/LOA/LOI/Work Order/DVC’s GCC/DVC’s T1/T3 Forms shall form an
inseparable part of this Agreement.
II. In consideration of the payments to be made by the Party of the First Part to the Party of the
Second Part, the Party of the Second Part hereby covenants to carry out the work of
(Name of the work). The Party of the First Part hereby covenants to pay
to the Party of the Second Part in consideration of the aforesaid work, as provided in the
Agreement.
1. DEFINATIONS:-
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a) “Commencement date” shall mean the date on which this Agreement shall come into force.
b) “Payment” shall mean the amount payable as specified in Clause 10.
c) “Premises” shall mean the premises described in Schedule I .
d) “Notice” shall mean Notice complied with the terms of Clause 16.
e) “Services” shall mean the detailed scope of work as described in Schedule II .
f) “Terms & Conditions” shall mean the terms and conditions which is in the works and
procedural manual 2006 and the terms and conditions mentioned herein after and is binding on
the parties.
2. OBLIGATIONS OF THE PARTY OF THE SECOND PART
a) The Party of the Second Part shall provide services as agreed upon and set out in Schedule II
for the term of the Agreement or until it is terminated in accordance with the clauses of this
Agreement.
b) The Party of the Second Part shall obtain at his own cost necessary permits or licenses etc as
required under the various laws whether Central, State or Local from time to time for performing
and rendering services and the Party of the First Part shall not take any liability whatsoever in this
regard.
(i) The Party of the Second Part has to obtain licenses/permits etc as applicable as mentioned
above within a time period of fourteen days of signing this Agreement, failing which this
Agreement shall stand unilaterally terminated.
(ii) If the licenses/permits etc obtained by the Party of the Second Part are revoked and/or
suspended and/or cancelled by the authority concerned and/or become invalid, the Agreement
shall stand unilaterally terminated.
c) The Party of the Second Part shall at its own cost comply with the provisions of all laws, rules,
orders and regulations and notifications whether Central or State or Local as applicable to him or
to this Agreement from time to time. These Acts/Rules include, without limitations the following:
(i) The Minimum Wages Act, 1948 & Rules and Orders and Notifications issued there under from
time to time;
W& P Manual – 2012 Page 234

(ii) The Contract Labour (Regulation & Abolition) Act, 1970 with Rules, Orders and Notification
made there under;
(iii), The Industrial Disputes Act, 1947 with Rules, Orders and Notifications issued there under
from time to time;
(iv) The Workmen’s Compensation Act, 1923 with Rules, Orders and Notifications there under
issued from time to time;
(v) The Payment of Gratuity Act, 1972 with Rules, Orders and Notifications issued there under
from time to time;
(vi) The Payment of Wages Act, 1936 with Rules, Orders and Notifications issued there under
from time to time;
(vii) The Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 with Rules, Orders
and Notifications issued there under from time to time;
(viii) The Factories Act, 1948 with Rules, Orders and Notifications issued there under from time
to time;
(ix) The Employees State Insurance Act, 1948 with Rules, Orders and Notifications issued there
under from time to time.
(x) All other Acts/Rules/Regulations, Bye-laws, Order, Notifications etc. already in vogue or may
be enacted in future by the legislation or present or future Applicable to the Party of the Second
Part from time to time for performing the aforesaid services.
The Party of the Second Part shall produce the requisite Compliance Report to the Party of the
First Part from time to time or as prescribed in the abovementioned laws.
d) The Party of the Second Part shall undertake the services as per details given in Schedule II
attached to this Agreement. The Party of the Second Part shall also comply with other
instructions, if any, given in writing by the authorized representative of the Party of the First Part
W& P Manual – 2012 Page 235

to the Party of the Second Part or to his authorized representative for performing the aforesaid
services.
e) The performance of service by the Party of the Second Part shall be of highest order/standing
and competence and as described in Schedule II.
f) The Party of the First Part may terminate this Agreement if the performance of services by the
Party of the Second Part is not up to specified standard and if the Party of the Second Part fails to
comply with the laws mentioned hereinbefore. The decision of the Party of the First part in this
respect shall be absolute and final.
3. DEPLOYMENT OF EMPLOYEES BY THE PARTY OF THE SECOND PART
a) The Party of the Second Part as and when required shall deploy his own employees for
rendering satisfactory services.
b) There shall not subsist in any manner whatsoever any employer-employee relationship
between the Party of the First Part and the workmen/employees employed and as and when
deployed by the Party of the Second Part or the Party of the Second Part himself. The Party of the
Second Part shall be responsible for appointments, payment of wages, compliances with all
statutory formalities relating to the workmen/employees employed and deployed by it.
c) The Party of the Second Part shall conduct the work in the manner prescribed by the Party of
the First Part and in the event of any deviation there from, the Party of the Second Part shall be
responsible to make good the same within ( need based to be incorporated) from being
intimated by the Party of the First Part. The Party of the Second Part shall supervise and control
the manner and mode of working and also the working of the workmen as and when deployed and
there shall not be any supervision and control by the Party of the First Part over the
employees/workmen employed by the Party of the Second Part.
d) The workmen/employees engaged and deployed by the Party of the Second Part shall observe
discipline at all times and maintain decency and decorum during the course of their employment
and the Party of the Second Part shall be fully responsible for the said workmen/employees.
W& P Manual – 2012 Page 236

e) The payment of wages, ESI, PF, bonuses and other benefits to the employees of the Party of
the Second Part shall be the exclusive responsibility of the Party of the Second Part and the
employees shall have no claim whatsoever on the Party of the First Part.
f) The Party of the Second part as an when deploy workmen Party of the Second part shall
maintain a Register of persons employed under him and issue Employment Photo Identity
Cards to each worker within three days of employment and a copy of the same to be submitted
with the Party of the First Part within seven days there from.
g) The Party of the Second part as and when employed workman shall also maintain all statutory
register viz register of wages, muster roll register of deductions, register of overtime register of
fines, register of advances, wage slip and any other registers required to be maintained under the
statute and shall give inspection of the same to the Party of the First Part on demand.
h) The Party of the Second part as and when employed workman shall make the Payment of
wages and other conditions of employment in respect of workmen employed and deployed by the
Party of the Second Part in conformity with statutory requirements and the Party of the First Part
shall be fully protected in all respect in this regard.
i) The Party of the Second part as and when employed workman shall send half-yearly returns to
the Licensing Officer not later than thirty days from the closing of the Half Year.
j) The Party of the Second part as and when employed workman shall be solely and wholly
responsible for the safety & security of the employees employed by the Party of the Second Part.
The Party of the Second Part shall also make adequate provision of insurance for the said
employees at their own cost to cover them against the risk of accident and /or death in harness. In
the event of any accident and/or death in harness, the Party of the Second Part shall pay proper
compensation to the employees as per The Workmen’s Compensation Act, 1923. The Party of the
First Part will have no responsibility whatsoever, and will be kept fully indemnified and harmless.
k) The Party of the Second Part shall also be responsible for the property of the Party of the First
Part and in case of any damage whatsoever, shall immediately repair/replace the damaged
W& P Manual – 2012 Page 237

property at their own cost and arrangement failing which Party of the First Part shall have right to
recover the cost from the Party of the Second Part.
l) The Party of the Second part as and when employed workman in case of any act of indiscipline
on the part of workmen/employees engaged by the Party of the Second Part, the Party of the
Second Part shall take suitable action against the delinquent employees with proper intimation to
the appropriate authority of the Party of the First Part.
m) The workmen/employees of the Party of the Second Part as and when employed by the Party
of the Second Part including himself shall have no right and/or any right to access whatsoever to
claim as an employment with the company of the Party of the First Part.
n) In case the workmen/employees engaged by the Party of the Second Part have any grievance
they shall take it up with the Party of the Second Part without causing any disturbance in the
premises of the Party of the First Part in any manner. Under no circumstances, shall the workmen
engaged by the Party of the Second Part initiate or take part in any agitation or demonstration
against the Party of the First Part.
o) If the process forming part of this Agreement is abolished by any provision of law or under
Sec. 10 of the Contract Labour (R&A) Act, 1970 the workmen/employees of the Party of the
Second Part shall not become the employees of the Principal Employer i.e. Party of the first Part.
p) During the terms of this Agreement the Party of the Second Part shall be an independent
employer and not in any manner has any employer - employee relationship with the Party of the
First Part and that of Principal to Principal.
4. OBLIGATIONS OF THE PARTY OF THE FIRST PART
a) The Party of the First Part shall permit the duly authorized workmen of the Party of the Second
Part at all convenient times to enter into and upon the premises only on presentation of the
approved gate passes as mentioned below, for the purpose of carrying out their work.
W& P Manual – 2012 Page 238

) The Party of the First Part shall make to the Party of the Second Part all payments, as per
Clause 10, throughout the term of this Agreement or so long the Agreement subsists or the Party
of the Second Part performs its obligation under this Agreement.
5. COMPLETION
The Work shall be deemed to have been completed on expiry of period of this Agreement and
release of final payment to the Party of the Second Part by the Party of the First Part.
6. PENALTY:
In terms of the General Terms of the Contract clause
(as applicable)
7. DELEGATION
(As Applicable)
8. INDEMNITY
Party of the Second Part covenants and agrees to fully protect and hold the Party of the First Part,
its employees and agents harmless against any claim, demand, actions, suits, proceedings,
judgment, liabilities, costs, expenses, damages or losses.
9. BILLS
The Party of the First Part reserves the right to require the Party of the Second Part to submit
documentary evidence in support of the bills, including details of the work done, duly supported
by the Certificate from the representative of the Party of the First Part in the first week of the
following month. Party of the First Part also reserves the right to make at the earliest opportunity
any adjustment which may be pending from the previous months.
10. PAYMENT
As per the relevant clauses of work order
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11. DURATION OF THE AGREEMENT
a) This Agreement shall be effective from the date of commencement of the work as per the
Work Order
b) The Agreement shall be deemed to expire on completion of the work and on compliance of all
the statutory obligations by the Party of the Second Part as provided in for in the agreement,
unless extended by both the parties in writing.
12. CANCELLATION/TERMINATION
As Per the Clause 28 of the General Conditions of the Contract
13. CONSEQUENCES OF TERMINATION
a) In the event of this Agreement being determined whether by efflux of time or notice or breach
or otherwise, the Party of the Second Part shall forthwith return to the Party of the First Part all
the papers, books or other articles belonging to the Party of the First Part.
b) In the event of termination of this Agreement, the rights and obligations of the parties thereto
shall be settled by mutual discussion. The financial settlement shall take into consideration not
only the expenditure incurred but also the expenditure committed by the Party of the First Part.
c) In the event of termination of this Agreement, the Party of the Second Part shall be liable to
refund the amount, if any, paid in advance to it by the Party of the First Part.
d) Either Party shall be entitled to exercise any one or more of the rights and remedies given to it
under the terms of this Agreement and the determination of this Agreement shall not affect or
prejudice such rights and remedies and each party shall remain liable to perform all outstanding
liabilities under this Agreement notwithstanding that the other may have exercised any one or
more of the rights and remedies available against each other.
14. FORCE MAJEURE
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As Per the Clause 27 of the General Conditions of the Contract
15. CONFIDENTIALITY
During the tenure of the Agreement and 7 years thereafter the Party of the Second Part undertake
on their behalf and on the behalf of their subcontractors / employees / representatives / associates
etc to maintain strict confidentiality and prevent disclosure thereof, of all the information and data
exchanged / generated pertaining to the work under this Agreement for any purpose other than in
accordance with the Agreement.
16. NOTICE
Any notice to be served by either party on the other shall be sent by Registered Post and shall be
deemed to have been received by the addressee within 07 days of posting.
17. SETTLEMENT OF DISPUTES AND ARBITRATION
a) Any dispute(s) or difference(s) arising out, of or in connection with the contract shall, to the
extent possible, be settled amicably between the Party of the First Part & Party of the Second
Part.
b) In the event of any dispute or difference whatsoever arising under this Agreement or in
connection therewith including any question relating to existence, meaning and interpretation of
the terms of the Agreement or any alleged breach thereof, the same shall be referred to the
Secretary, CEO of Damodar Valley Corporation, Kolkata-54 or to a person nominated by him for
arbitration. The Arbitration shall be conducted in accordance with the provisions of Arbitration
and Conciliation Act, 1996 or any other latest enactment and the decision/judgment of
Arbitrator/Arbitrators shall be final and binding on both the parties. The venue of the arbitration
shall be at Kolkata.
However, in case the Party of the Second Part is a Central Public Sector Enterprise/ Govt.
Department, the dispute arising between the Party of the First Part & Party of the Second part
W& P Manual – 2012 Page 241

shall be settled through Permanent Arbitration Machinery (PAM) of the Department of Public
Enterprise, Govt. of India as per prevailing rules.
c) All suits arising out of NIT, subsequent work order and agreement, if any, are subject to
jurisdiction of Court in the City of Kolkata only and no other Court, when resolution/ settlement
through mutual discussion and arbitration fails.
18. AMENDMENTS OF THE AGREEMENT
No amendment or modification of this Agreement shall be valid unless the same is made in
writing by both parties or their authorized representative and specifically stating the same to be an
amendment of this Agreement. The modifications / changes shall be effective from the date on
which they are made/ executed, unless otherwise agreed to.
19. MISCELLANEOUS
a) The Party of the Second Part as and when required shall deploy as many in number -expert
personnel and/or skilled/semi-skilled/unskilled workmen with adequate qualification and
experience having appropriate level of acumen to carry out the job with entire satisfaction of the
Party of the First Part.
b) No child labour shall be engaged by the contractor as per statutory rules of the Govt. of India.
c) The Party of the Second Part as and when employed their employees engaged in the job shall
follow all safety rules at the time of execution of work. It shall be the responsibility of the
contractor to supply all safety equipment necessary to their O&M personnel without any extra
cost to DVC. All statutory rules & regulations shall have to be followed by the contractor during
employment/retrenchment of his workers/employees.
d) As the plant site is a protected area, necessary gate passes with photograph of every
worker/employee of the Party of the Second Part shall be arranged by the Party of the Second Part
with proper intimation to the Party of the First Part. The expenditure of issuing the gate passes to
W& P Manual – 2012 Page 242

the workmen shall be borne by the Party of the Second Part. The gate passes shall be duly signed
by the Party of the Second Part with official seal in addition to the signature of the holder
(employee of the Party of the Second Part) and the authorised officer of the Party of the First Part.
e) In case of sub-letting the contract, the sub-contractor shall be engaged with prior approval of
the Party of the First Part and at full risk of the Party of the Second Part.
f) The Party of the Second Part shall not pay less than the prescribed minimum wages to the
workmen engaged by him under the Minimum Wages Act, 1948 and the Govt. Rules made there
under and subject to revision from time to time. The monthly payment is to be made on the 7th
day of the successive month. The Party of the Second Part shall intimate the disbursement of
payment to the authorized representative of Personnel Dept. of the Party of the First Part on 7 th -
10 th day of the successive month.
g) Legal suits arising out of the Agreement, if any, are subject to the jurisdiction in the Court of
the city of Kolkata and no other Court elsewhere.
h) The workers/employees engaged by the Party of the Second Part should not be under the
influence or addiction of drug/liquor while on duty. It should be obligatory on the part of the
Party of the Second Part to remove any such person from the job whose action or conduct in the
opinion of management of the Party of the First Part is detrimental to its interest.
i) If the Party of the Second Part desires to execute a part of scope of maintenance contract which
are very specialized in nature by engaging a specialized competent group they will have to obtain
approval from the Party of the First Part, furnishing all credentials and requirement of the
manpower strength before their engagement. However, the Party of the First Part reserves the
right to discontinue the same at its discretion.
j) The Party of the Second Part shall fully cooperate with other contractors employed by the Party
of the First Part for associated plant and subsidiary as well as other similar activities and shall
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carry out all reasonable directions of the designated Chief Engineer (O&M) of the Party of the
First Part or his authorized representative as the case may be.
k) For contracts above value…………… , both the parties have to sign an Integrity Pact.
20. CHANGE OF ADDRESS
Each Party shall give notice to the other of any change or acquisition of any address or telephone
number or FAX or similar number at the earliest possible opportunity but in any event within 48
hours of such change or acquisition.
IN WITNESS WHEREOF the parties hereto put their signatures on the date as written above.
SIGNED, SEALED AND DELIVERED
Party of the Second Part
Party of the First Part
in the presence of:-
1. 1.
in the presence of:
2. 2.
W& P Manual – 2012 Page 244

SCHEDULE - (I)
Premises at which the Services are to be required.
SCHEDULE - (II)
List of services to be provided at all the premises listed in Schedule I.
W& P Manual – 2012 Page 245

ANNEXURE-W
SCOPE OF TENDER COMMITTEE (TC)
A 3-member Tender Committee (representative of Indenter, Finance & representative of TIA) is
to be constituted on case-to-case basis to take care of all procedural activities related to Turnkey
Projects/Any Works/any procurement package in Headquarter as well as in Field Formations for
all type of tendering having estimated cost in excess of Rs.100000/-. However, while exercising
the powers using DFP (OE) TC recommendation is required for any proposal in excess of
Rs.50,000/-. A three member at appropriate level of Tender Committee (comprising of
representatives of indenter, Finance & representative of TIA will be formed.
The following details/points are generally to be covered / taken care of on case to case basis while
preparing Final T.C. Recommendation for OTE/LTE /STE cases.
I. Scope of Procurement / Purchase Indent / Work Proposal
1. Brief description of the materials/items to be procured with quantity/proposal with detail
scope of work for Works Contract.
2. Commissioning/installation is covered in the Scope or not.
3. Approved cost estimate and basis of estimation, wherever available.
4. Budget certification/confirmation.
5. Technical and administrative approval for Works Contract and sanction order for
procurement of capital items.
II. Details of Bid Document
1. Delivery requirements/completion schedules.
2. Qualifying requirements as per NIT.
3. Important bidding conditions, if any, such as
(i) Price basis.
(ii) Payment schedule.
(iii) Any other conditions specific to the package (copy of bid document and
amendments, if any, to be placed in the file as annexure-I).
III. Bid Invitation Process
i) Nature of tender with reasons thereof.
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ii) In case of O.T., details of NIT indicating date of publication in newspaper and
website/whether enquiries have been issued to enlisted vendors where enlistment has been done
by press advertisement.
(iii)Period for sale of bid documents.
(iv)Number of agencies to whom bid documents were issued.
(v) Date of sale closing of bid document and the extension, if any.
(vi)Pre-bid conference, if any, indicating date, place and attendance.
(vii) Minutes of meeting of pre-bid conference and resulting amendments, if any.
viii) Date and time of bid opening, highlights of the bid-opening meeting (copies of bid invitation,
pre-bid amendments, copy of amendments issued are to be placed as Annexure-II, III and IV).
IV.
Bid Response
i) State total number of offers received and indicate late offer/offers without EMD, if any.
ii)
iii)
iv)
State criteria on qualifying requirements, if any.
Discuss whether all the received offers have enclosed documentary evidence in support of
qualifying requirements as mentioned in the NIT.
Whether all the offers are in compliance in respect of technical specifications of bid
documents.
v) Whether all the commercial terms & conditions as offered by the bidders are NIT compliant.
vi) Whether any offer is accompanied by deviation schedule along with withdrawal price.
vii) It is to be proposed for rejection of offer, if any, on technical grounds / not meeting specified
QR/deviated offers without cost of withdrawal price with justification.
viii)Number of techno-commercially accepted offers to be recorded.
V. Preliminary Examination of Bids
Furnish table of bid price of all techno-commercially accepted offers as read out during bid
opening.
Sl.
No.
Name of
Bidder
Item Description
/ scope of work
Quantity Bid Price as Quoted *
Unit
Rate
AMOUNT
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* If number of items is more, total quoted value to be indicated. All Statutory taxes and duties, as
applicable, on the date of bid opening are to be mentioned separately. Freight & Insurance
Charges, if any, also to be indicated.
i) Discuss preliminary examination of all technically accepted offers for arithmetical errors,
completeness of offer, EMD.
ii) List of arithmetical errors and corrected bid prices.
iii)Furnish details of all bids as Annexure-V.
VI.
Bid Evaluation
i) State evaluation criteria, assumption, if any made in evaluation.
ii) Place the comparative statements as Annexure-VI.
iii)Prepare evaluation table showing all adjustments, withdrawal prices, arithmetical corrections
and ranking of the bidders.
iv)Discussions on offers.
v) Determination of lowest evaluated responsive bidder including the assessment of price
reasonableness of the offer.
vi)Proposal for price negotiation with L1 bidder, if required, along with the basis for Price
Negotiation.
VII.
Final Recommendation
Based on above, a comprehensive purchase proposal/comprehensive proposal for works contract
is to be prepared and to be recommended by TC for placement before TAA as the case may be.
The purchase proposal/work contract proposal as recommended should contain the following:
(i)
(ii)
Bidders name
Scope of supply (quantity/model etc.)/scope of work.
(iii) Source of origin
(iv) Unit Ex-works price/basic rate for works.
W& P Manual – 2012 Page 248

(v) Unit F&I Charges for supply items
(vi) Statutory taxes and duties, as applicable
(vii) Total FOR Destination price/Total Contract Price.
(viii) Price basis for supply items/ works component.
(ix) Installation/commissioning charges, if any
(x) Payment terms - Supply portion/installation portion /works portion.
(xi) LD Clause
(xii) SDBG Clause
(xiii) Delivery schedule/Completion Schedule.
(xiv) Inspection
(xv) Date of validity of the offer
(xvi) Other terms & conditions, if any.
Note: In case TC unable to conclude the NIT by placing the recommendation to place WO/ PO,
reason for such situation to be recoded and placed to TAA for perusal and necessary action if any.
W& P Manual – 2012 Page 249

ANNEXURE - X
List of Commercial Banks as per RBI (Source RBI Website dt. 08-06-2012)
1 Abu Dhabi Commercial Bank Ltd.
2 American Express Bank Ltd.
3 Arab Bangladesh Bank Limited
4 Allahabad Bank
5 Andhra Bank
6 Antwerp Diamond Bank N.V.
7 Axis Bank Ltd.
8 Bank Internasional Indonesia
9 Bank of America N.A.
10 Bank of Bahrain & Kuwait BSC
11 Barclays Bank Plc
12 BNP PARIBAS
13 Bank of Ceylon
14 Bharat Overseas Bank Ltd.
15 Bank of Baroda
16 Bank of India
17 Bank of Maharashtra
18 Canara Bank
19 Central Bank of India
20 Calyon Bank
21 Citibank N.A.
22 Cho Hung Bank
23 Chinatrust Commercial Bank Ltd.
24 Centurion Bank of Punjab Limited
W& P Manual – 2012 Page 250

25 City Union Bank Ltd.
26 Coastal Local Area Bank Ltd.
27 Corporation Bank
28 Catholic Syrian Bank Ltd.
29 Deutsche Bank AG
30 Development Credit Bank Ltd.
31 Dena Bank
32 IndusInd Bank Limited
33 ICICI Bank
34 IDBI Bank Limited
35 Indian Bank
36 Indian Overseas Bank
37 Industrial Development Bank of India
38 ING Vysya Bank
39 J P Morgan Chase Bank, National Association
40 Krung Thai Bank Public Company Limited
41 Kotak Mahindra Bank Limited
42 Karnataka Bank
43 Karur Vysya Bank Limited.
44 Lord Krishna Bank Ltd.
45 Mashreqbank psc
46 Mizuho Corporate Bank Ltd.
47 Oman International Bank S A O G
48 Oriental Bank of Commerce
49 Punjab & Sind Bank
50 Punjab National Bank
51 Societe Generale
W& P Manual – 2012 Page 251

52 Sonali Bank
53 Standard Chartered Bank
54 State Bank of Mauritius Ltd.
55 SBI Commercial and International Bank Ltd.
56 State Bank of Bikaner and Jaipur
57 State Bank of Hyderabad
58 State Bank of India
59 State Bank of Indore
60 State Bank of Mysore
61 State Bank of Patiala
62 State Bank of Saurashtra
63 State Bank of Travancore
64 Syndicate Bank
65 The Bank of Nova Scotia
66 The Bank of Tokyo-Mitsubishi, Ltd.
67 The Development Bank of Singapore Ltd. (DBS Bank Ltd.)
68 The Hongkong & Shanghai Banking Corporation Ltd.
69 Tamilnad Mercantile Bank Ltd.
70 The Bank of Rajasthan Limited
71 The Dhanalakshmi Bank Limited.
72 The Federal Bank Ltd.
73 The HDFC Bank Ltd.
74 The Jammu & Kashmir Bank Ltd.
75 The Nainital Bank Ltd.
76 The Sangli Bank Ltd.
77 The South Indian Bank Ltd.
78 The Ratnakar Bank Ltd.
W& P Manual – 2012 Page 252

79 The Royal Bank of Scotland N.V.
80 The Lakshmi Vilas Bank Ltd
81 UCO Bank
82 Union Bank of India
83 United Bank Of India
84 Vijaya Bank
85 Yes Bank
W& P Manual – 2012 Page 253

PROFORMA OF BANK GUARANTEE FOR ADDITIONAL CONTRACT
PERFORMANCE GUARANTEE
ANNEXURE-Y
Ref……………………
Bank Guarantee No………………………
Date………………….
PROFORMA OF B.G. FOR ADDITIONAL CONTRACT PERFORMANCE GUARANTEE
(1)KNOW ALL MEN BY THESE PRESENTS that in consideration of Damodar Valley
Corporation, a Corporation constituted and established under the Damodar Valley Corporation
Act being Act No. XIV of 1948 and having its Headquarters at D.V.C. Towers, V I P Road,
Kolkata-700054 (hereinafter called “The Corporation”) having agreed to accept from
(hereinafter called “The Contractor”), a Bank Guarantee for
Rs.
in lieu of additional contract performance guarantee for the due
fulfilment by the Contractor of JV of the *Purchase Order/Letter of Intent/Letter of Acceptance/
work order No. issued by the Corporation for
(Name & Description of the work/material)
(hereinafter called “the said *Purchase Order/Letter of Intent/Letter of
Acceptance/ work order”) we
(hereinafter called “the
Guarantor”) do hereby undertake to indemnify and keep indemnified the Corporation to the extent
of Rs. (Rupees
) only against any loss or damage caused to or suffered by
the Corporation by reason of any breach by any of the JV Contractor of any of the terms and
conditions contained in the said * Purchase Order/Letter of Intent/Letter of Acceptance/ work
order of which breach the opinion of the Corporation shall be final and conclusive.
(2)AND WE,
DO HEREBY Guarantee and undertake to pay
forthwith on demand to the Corporation such sum not exceeding the said sum of
(Rupees )
only as may be specified in such demand, in the event of the Contractor failing or neglecting to
W& P Manual – 2012 Page 254

execute fully efficiently and satisfactorily the order for
placed with it (the work tendered for by it) within
the period stipulated in the said *Purchase Order/Letter of Intent/Letter of Acceptance/work order
in accordance with terms and conditions contained or referred to in the said *Purchase
Order/Letter of Intent/Letter of Acceptance/work order in the event of the JV Contractors
refusing or neglecting to maintain satisfactory operation of the equipment or work or to make
good any defect therein or otherwise to comply with and conform to the design, specification,
terms and conditions contained or referred to in the said *Purchase Order/Letter of Intent/Letter
of Acceptance/ work order.
(3)WE
further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be taken for the
performance of the said order as laid down in the said *Purchase Order/Letter of Intent/Letter of
Acceptance/work order including the warranty obligations and that it shall continue to be
enforceable till all the dues of the Corporation under or by virtue of the said * Purchase
Order/Letter of Intent/Letter of Acceptance/work order have been fully paid and its claims
satisfied or discharged or till the Corporation or its authorized representative certified that the
terms and conditions of the said * Purchase Order/Letter of Intent/Letter of Acceptance/ work
order have been fully and properly carried out by the said contractor and accordingly discharged
the Guarantee.
(4)WE
, the Guarantor undertake to extend the validity
of Bank Guarantee at the request of the Contractor for further period or periods from time to time
beyond its present validity period failing which we shall pay the Corporation the amount of
Guarantee.
(5)The liability under this guarantee is restricted to Rs. (Rupees
) only and will expire on
and unless a claim in writing is presented to us or an action or suit to
enforce the claim is filed against us within 6 months from
all your rights
will be forfeited and we shall be relieved of and discharged from all our liabilities (thereinafter).
W& P Manual – 2012 Page 255

(6)The Guarantee herein contained shall not be determined or effected by liquidation or winding
up or insolvency or closure of the Contractor.
(7)The executants has the power to issue this guarantee on behalf of the Guarantor and holds full
and valid power of Attorney granted in his favour by the Guarantor authorizing him to execute
the Guarantee.
(8)Notwithstanding anything contained herein above, our liability under this guarantee is
restricted to Rs. (Rupees only and our guarantee
shall remain in force upto
and unless a demand or claim under the
guarantee is made on us in writing on or before
all your rights under the
guarantee shall be forfeited and we shall be relieved and discharged from all liabilities there
under.
WE,
Bank lastly undertake not to revoke this guarantee during the
currency except with the previous consent of the Corporation in writing. In witness whereof we
have set and subscribed our hand on this
day of .
WITNESS :
SIGNED, SEALED AND DELIVERED
1)
(Stamp of the executants)
2)
(Name & address in full with Rubber Stamp)
*Mention the relevant along with reference number.
Delete the terms which are not applicable. Each page of B.G. to be signed by the executant with
common Bank stamp and date.
W& P Manual – 2012 Page 256

ANNEXURE-Z
DAMODAR VALLEY CORPORATION
PROFORMA OF INTEGRITY PACT
On this day of 2012 at Kolkata, in
the presence of the following two witnesses, this Integrity Pact is being executed between:
Damodar Valley Corporation, hereinafter referred to as “The Principal”
AND
hereinafter referred to as “The Bidder/Contractor” (which expression shall include all its
partners/directors, agents, legal or other representatives, servants, subcontractors (wherever
permitted or permissible) and successor in interest and all persons claiming through it).
Whereas it has been directed by the Damodar Valley Corporation, Principal and the Central
Vigilance Commission, New Delhi that all undertakings and/or other concerns of the Principal
shall execute an Integrity Pact with contracting parties/bidders in all forthcoming contracts/tender
processes above the prescribed value of Rs. 15 Crore, it is necessary to execute an Integrity Pact
between such parties. Pursuant thereto, the present Integrity Pact is being executed.
Whereas the DVC intends to award, under laid down organisation procedures, contract(s) for
………………………………………………………………………….. DVC values full
compliance with all relevant laws and regulations, and the principles of economic use of
resources, and of fairness and transparency in its relations with its bidder(s) and contractor(s).
Whereas in order to achieve these goals, the DVC cooperates with the renowned international
Non Governmental Organisation “Transparency International” (TII). Following TII’s national
and international experience, the DVC will appoint External Independent Monitor(s) who will
monitor the tendering process and the execution of the contract for compliance with the principles
mentioned above.
W& P Manual – 2012 Page 257

The terms and conditions of the Integrity Pact are as under:-
SECTION-I
COMMITMENTS OF DVC
DVC commits itself to take all measures necessary to prevent corruption and unethical practices
and bring transparency in all processes through the following commitments:
1. No employee and/or Official of DVC shall, whether personally or through their family
members and/or their agents or legal representatives, and in connection with the tender or in
execution of the contract, demand any gratification and/or enter into any agreement, promise or
any other arrangement for deriving any benefits, whether monetary or otherwise which he is not
legally entitled to.
2. DVC shall, during the tender process treat all bidders/contractors at par and provide them with
equal opportunities in all matters.
3. DVC shall, before and during the tender process, provide all bidder(s)/contractor(s) with the
same information and shall not provide to any bidder(s)/contractor(s) any confidential and/or
additional information through which such bidder(s)/contractor(s) could obtain an advantage in
the tender process or at the time of execution of the contract.
4. DVC shall exclude any employee(s) and/or official(s) who is found prejudiced and/or in
conflict with the interests of the company in his dealings with any bidder(s) and/or contractor(s).
5. DVC shall take disciplinary action as per its prescribed Rules, and also under the relevant
provisions of the Indian Penal Code/the Prevention of Corruption act and other anti-corruption
laws in India, against any of its officials and/or employees found guilty of breach of commitment.
DVC shall also inform the Chief Vigilance Officer and in addition can initiate disciplinary action
against the offender/suspected offender.
SECTION-II
COMMITMENTS OF THE BIDDER/CONTRACTOR
The bidder/contractor commits himself to take all necessary measures to prevent any form of
during the tender process and also during the execution of the contract including the following:
W& P Manual – 2012 Page 258

1. The Bidder/Contractor shall not, directly or through any other person of firm, offer, promise
and/or give to any of DVC’s employees involved in the tender process and/or in the execution of
the contract, or to any third person any benefit, whether monetary or otherwise, which he/she is
not legally entitled to receive, in order to obtain in exchange any advantage of any kind
whatsoever during the tendering process or during the execution of the contract.
Also, the Bidder/Contractor shall not enter into any agreement and/or arrangement with any
employee and/or official of DVC for any of the aforesaid purposes.
2. The Bidder/Contractor shall not enter into any undisclosed agreement, undertaking and/or
arrangement with any other bidder(s)/contractor(s), whether formally or informally, in respect of
matter pertaining to prices, specifications, certifications, subsidiary contracts, submission or nonsubmission
of bids or any other actions to restrict competitiveness or to introduce cartelization in
the bidding process.
3. The Bidder/Contractor .shall not commit any offence punishable under the Indian Penal
code/Prevention of Corruption Act or any other relevant Anti-corruption laws in force in India.
4. Further the Bidder/Contractor shall not use improperly or pass on to others, any information or
document provided by DVC as part of their, business relationship, regarding any plans, technical
proposals and business details, including information contained and/or transmitted electronically,
for purposes of competition or personal gain.
5. The Bidder/Contractor shall, while presenting his bid disclose any and all payment made by
him, or to which proposes or intends to make to his agents, brokers or any other intermediaries in
connection with the award of the contract. He shall also disclose any agreement and/or
arrangements entered into by him for the aforesaid purposes.
6. If the Bidder/Contractor is of foreign origin, he shall disclose the name and address of his
Agents/Representatives in India. If the Bidder/Contractor is of Indian Nationality, he will furnish
the name and address of his foreign principals, if any. The Bidder/Contractor shall comply with
the disclosure requirements specified in the General Guidelines on the Indian Agents of Foreign
Suppliers.
7. Payment made by the Bidder/Contractor to any Indian agents/representatives shall be in Indian
Rupees only.
W& P Manual – 2012 Page 259

8. If payments are made by the Bidder/Contractor to any foreign agent/supplier in any foreign
country out of ECB or FCCB proceeds, they are to be disclosed by him.
9. The Bidder/Contractor shall not instigate any third persons(s) to commit any offences in
relation to any of the matters mentioned above or be an accessory to any such offence.
10. Company code of Conduct – The Bidder/Contractor is advised to have a company code of
conduct which clearly rejects the use of bribes and other unethical means whether monetary or
otherwise, and adopts a compliance programme for implementation of the code of conduct
throughout the company.
11. The Bidder/Contractor shall immediately inform DVC if at any point of time such
bidder/contractor is asked to pay any illegal gratification or bribe in violation of this Integrity Pact
by any person employed by DVC or such illegal offer comes to the knowledge of the
Bidder/Contractor.
12. The Bidder/Contractor shall not do any act, by way of commission or omission, which may
defeat the spirit behind the present Integrity Pact.
SECTION-III
DISQUALIFICATTION FROM TENDER PROCESA AND EXCLUSION FROM
FUTURE CONTRACTS
1. A ‘transgression’ is said to have occurred if DVC after due consideration of the available
evidence, concludes that no reasonable doubt is possible.
2. If the Bidder/Contractor, before the award or during the execution of contract has committed a
transgression through a violation of section-II above, or in any other form such as to put his
reliability or credibility as bidder/contractor into question, DVC shall be entitled to disqualify
such bidder/contractor from the tender process or to terminate the contract, if already signed, for
such reason.
3. (i) If the Bidder/Contractor transgresses or violates any of the provisions of section 2
mentioned above, which has the effect of putting his reliability and/or credibility in question, then
DVC shall be entitled to exclude the bidder/contractor from future contract award processes.
W& P Manual – 2012 Page 260

a. The imposition and duration of the exclusion shall be determined by the severity of the
transgression.
b. The severity shall be determined by the circumstances of the case, in particular the number of
transgressions, the position of the transgressor within the company, hierarchy of the
bidder/contractor and the amount of the damage.
c. The exclusion will be imposed for a minimum of ...….. months and maximum of ……… years.
4. The Bidder/Contractor accepts and undertakes to respect and uphold DVC’s absolute right to
resort to and impose such exclusion and further accepts and undertakes not to challenge or
question such exclusion on any ground including the absence of an opportunity of being heard
before the decision to resort to such exclusion is taken. This undertaking is given freely and after
obtaining independent legal advice.
SECTION-IV
COMPENSATION FOR DAMAGES
1. If DVC disqualifies the Bidder/Contactor from the tendering process prior to award of contract
in accordance with section 3 mentioned above, DVC shall be entitled to demand and/or recover
from the Bidder/Contractor, liquidated damages equivalent to the amount or Earnest Money
Deposit/Bid Security.
2. If DVC terminates the contract, or becomes entitled to terminate the same in accordance with
section-III, then DVC shall be entitled to demand and recover from the Contractor liquidated
damages equivalent to the security deposit/performance Bank Guarantee, and if the amount of
damage exceeds the amount of Security Deposit and Performance Bank Guarantee, then DVC
shall be entitled to recover the balance amount of damage from the Bidder/Contractor either in
cash or from the amount payable and due from such Bidder/Contractor in other contracts being
executed by him with DVC.
SECTION-V
PREVIOUS TRANSGRESSION
W& P Manual – 2012 Page 261

1. The Bidder/Contractor declares that no previous transgression occurred in the last three years
with any other company in any country conforming with the TI approach or with any other Public
Sector Enterprise in India that could justify his exclusion from the tender process.
2. If the Bidder/Contractor makes any incorrect statement on the subject mentioned in the
subsection (1) above, then he shall be liable for disqualification from the tendering process or the
contract, if already awarded, can be terminated for such reason and compensation for damages
caused shall be paid by the contractor/bidder as per section 4 above.
SECTION-VI
INDEPENDENT MONITORS
1. DVC or any other person authorized by DVC may/shall appoint Independent External
Monitor(s) for the “pact”, who should be suitably qualified and experienced and of impeccable
integrity.
2. The decision taken by DVC or any person authorised by DVC in the matter of appointment of
the Independent External Monitor as above shall be, final and conclusive and shall be agreeable
to both parties. Such a decision shall not be amenable to any challenge on any ground
whatsoever.
3. The Independent External Monitor(s) (IEM) appointed as above shall oversee the
implementation of the Integrity Pact independently and objectively maintaining absolute
neutrality.
4. The IEM(s) shall not have any administrative or enforcing powers. He shall only be entitled to
submit his non-binding suggestions and/or recommendations to the management of DVC to
discontinue, or to take corrective action, or to take any other relevant action, whenever any
violation of and/or deviation from any of the conditions of the Integrity Pact is observed/noted by
him.
5. The Bidder/Contractor accepts that the IEM(s) shall have the right to access without restriction
all project documentation of DVC as well as of the Contractor/Bidder. The Bidder/Contractor will
also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and
W& P Manual – 2012 Page 262

unconditional access to the project documentation. The Monitor is to be under a contractual
obligation to treat the information and documents of the Bidder/Contractor with confidentiality.
6. If the Monitor reports to DVC a substantiated suspicion of an offence under relevant IPC/PC
Act and anti-corruption laws of India and DVC does not, within a reasonable time takes visible
action to proceed against such offence or reported it to Chief Vigilance Officer, the IEM may also
transmit this information directly to the Central Vigilance Commissioner, Government of India.
7. DVC shall provide to the IEM(s) sufficient Information about all the meetings among the
parties related to the project provided such meeting would have an impact on the contractual
relations between DVC and the Contractor, to enable him to participate in those meetings.
SECTION VII
EQUAL TREATMENT OF ALL BIDDERS/CONTRACTORS/SUB-CONTRACTORS
1. The Bidder/Contractor undertakes to demand from all sub-contractors a commitment that they
shall conform to this Integrity pact, and they shall submit such undertaking to DVC before
signing of the contract.
2. DVC shall enter into agreements with identical conditions as this one with all bidders,
contractors and subcontractors.
3. DVC shall disqualify from the tender process all bidders/contractors who do not sign this pact
or violate its provisions.
SECTION-VIII
CRIMINAL CHARGES AGAINST VIOLATING BIDDERS/CONTRACTORS/SUB-
CONTRACTORS
If DVC obtains knowledge of conduct of a bidder/contractor, or subcontractor, or of an employee
or a representative or an associate of the bidder, contractor or subcontractor, which constitutes
corruption, or if DVC has substantive suspicion in this regard, DVC will inform the Chief
Vigilance Officer about the information.
SECTION- IX
OTHER PROVISIONS
W& P Manual – 2012 Page 263

1. This agreement is subject to Indian law. Place of performance and jurisdiction is the Registered
Office of DVC, i.e. Kolkata. The arbitration clause provided in the main tender
document/contract shall not be applicable for any issue/dispute arising under integrity pact.
2. Changes and supplements as well as termination notices need to be made in writing. Side
agreements have not been made.
3. If the contractor is a partnership or consortium, this agreement must be signed by all partners or
consortium members.
4. Should one or several provisions of this agreement turn out to be invalid, the remainder of this
agreement remains valid. In this case, the parties will strive to come to an agreement to their
original intentions.
5. The Agreement shall come into force from the moment DVC and the Bidder/Contractor sign it
and it shall be in force for a period of 12 (twelve) months after the last payment is made, and for
all other bidders 6 (six) months after award of the contract. If any claim is lodged during this time
the same shall be binding and continued to be valid despite the lapse of the pact as specified
above.
6. DVC shall periodically appraise the effectiveness of the Integrity Pact by conducting an overall
review with the concerned executives and the Bidder/Contractor.
(For & on behalf of DVC)
(Office Seal)
(For & on behalf of Bidder/Contractor)
(Office Seal)
Witness 1:
(Name & Address)
W& P Manual – 2012 Page 264

Witness 2:
(Name & Address)
W& P Manual – 2012 Page 265

1.0 PURPOSE
PART-VI : CLOSING OF CONTRACTS
The objective of this Procedure is to prescribe uniform guidelines for closing of Contracts.
2.0 SCOPE
This Procedure covers closing of Contracts awarded by Project / Station /HQ for (1) Site
Packages for Project, as per approved Package List (2), Site Packages for R&M of the Station, as
per approved Package List and (3) Other Capital Works of Station, (4) Transmission Line projects
3.0 PROCESS
3.1 TIME OF CLOSING
3.1.1 The Contracts mentioned in para 2 above, placed by Project/Station/HQ shall require
closing after obligations of both parties, viz. DVC and Contractor (as given hereunder for specific
category of Contracts) are completed.
a) In case of Supply-cum-Erection Contracts, the closing of the Contract shall be done after the
Warranty period is successfully completed and the Contract Performance Guarantee (CPG) of the
Contractor is returned / discharged.
b) For Civil Packages, the closing of the Contract shall be done after completion of the Defect
Liability Period and refund of Security Deposit to the Contractor.
3.2 RESPONSIBILITY
3.2.1 All Contracts pertaining to the Works for the Project/Power Station (Site Packages of the
Project, Site Packages for R&M, Other Capital Works Contracts etc.) placed by Project/Power
Station, shall be closed by Project/Station. All packages awarded by HQ should be closed by
concerned Project.
3.3 CERTIFICATES REQUIRED FOR CLOSING
For Site Packages of Projects and R&M of Station
The following thirteen (13) certificates, as per the proforma enclosed at Annexure-I (1 to 13),
shall be issued by the concerned Departments and submitted to the concerned Authority
designated in para 5.2.2 above, for closing of Contracts for Site Packages of Project/ R&M of
Station / Capital Works of the Project / Station:
Certificate No. Certificate Description Responsibility
CC-01 Certificate of Final
Amendment to the Contract
CC-02
Drawing Receipt Certificate
(as applicable)
Site (C&M)/ HQ
Project
(C&m/Project)
W& P Manual – 2012 Page 266

CC-03 Q.A. Documents Receipt
Certificate (as applicable)
CC-04 O&M Manuals Receipt
Certificate (where
applicable)
CC-05 Scope Completion
Certificate
CC-06 Liquidated Damages for
Delay Certificate (where
applicable)
CC-07 Shortfall in equipment
Performance Certificate
(where applicable)
CC-08 Material Reconciliation
Certificate
CC-09 Payment Reconciliation
Certificate:
CC-10
CC-11
CC-12
Certificate regarding Labour
Payments and Statutory
Requirements to be
furnished by Contractor
“No Demand” Certificate by
Contractor
Certificate for Completion
of Warranty Period/ Defect
Liability Period
CC-13 Certificate of Return of
BG's/Indemnity Bonds, etc.
FQA/Project Construction
Project O&M
Site Erection/ Construction
Site Erection / Construction
Corporate OSU/Site O&M
Site Erection / Construction and Site C&M
Site Finance
Contractor
Contractor
Site Erection/ Construction / O&M Deptt.*
Site Finance
4 APPROVAL FOR CLOSING OF CONTRACT
The concerned Department, who is responsible for closing of Contract, shall submit a Note for
closing of Contract along with the following documents to the Competent Authority (as
mentioned below) for approval:
a) Documents to be enclosed with the Note for closing of Contract
i) All Certificates mentioned at Para3.3 above.
W& P Manual – 2012 Page 267

ii) List of Certificates (mentioned in para 3.3 above) not required and the reasons of nonapplicability
of the particular Certificate duly approved by Competent Authority (refer para 4
b).
iii)Any other related Document
b) Competent Authority for Approval of Closing of Contract
The Competent Authority for closing of Contract shall be Award Approving Authority not higher
than Head of Project/Station.
5 MONITORING OF CONTRACT CLOSING
5.1To monitor and expedite Contract Closing activities and to facilitate timely intervention of
higher management for expediting Contract closing activities, the following procedure shall
be adopted.
5.2 Standing Contract Closing Group (CCG) shall be constituted at the Project/Station for
following up all the Contracts closing activities by the Project/Station. The CCG shall
comprise of the following members:
i) Representative of Site Erection/ Construction minimum SE
level
Member
CONVENER
ii) Representative of Site Finance minimum SE level Member
iii) Representative of Site C&M minimum SE level Member
iv) Representative of O&M minimum SE level (where applicable) Member
(*The Nominations would be approved by Head, Project/Station)
The CCG shall work under the overall guidance of Head Project/Stations. This Committee should
also review the Contracts awarded by site Contracts / HQ but to be closed by Site .
5.3 Monthly Review by Head Of Project/Station
Head (Project/Station) shall review on monthly basis the Contract Closing of various Contracts by
Project/Station (and other Contracts awarded by Corporate Contracts but to be closed by
Project/Station). The review shall be organized by Convenor CCG.
5.4 Quarterly Review by Member ( Tech )
Member (Tech) shall review on Quarterly basis, the Contract Closing of various Contracts of
Projects / Stations. This review shall be organized by Head (CMG).
5.5 Monthly Exception Report by CMG
W& P Manual – 2012 Page 268

Exception Reports on Contract Closing for the Company as a whole , identifying the delays and
reasons thereof shall be put up by Head (CMG) to CMD on monthly basis through Member
Tech with a copy to all Heads of Projects.
W& P Manual – 2012 Page 269

Annexure I.1
CERTIFICATE OF FINAL AMENDMENT TO THE CONTRACT
[TO BE ISSUED BY PROJECT CONTRACTS/ STATION (C&M)]
CERTIFICATE NO. CC – 01
NAME OF PACKAGE :
LETTER OF AWARD/CONTRACT NO.:
DATED :
NAME OF CONTRACTOR:
PROJECT:
This is to certify that amendments have been issued to the aforesaid Contract as per the details
mentioned below:
Sl.
No.
1.
2.
3.
4.
5.
Amendment No.
Date
This is to certify further that Amendment No.
Amendment issued.
dated
is the last
Date :
Place:
Signature……………….
Name…………………..
Designation…………….
W& P Manual – 2012 Page 270

Annexure – I.2
DRAWING RECEIPT CERTIFICATE
[TO BE ISSUED BY PROJECT ]
CERTIFICATE NO. CC - 02
NAME OF PACKAGE :
LETTER OF AWARD/CONTRACT NO.:
DATED :
NAME OF CONTRACTOR:
PROJECT :
This is to certify that we have received all the drawings which were to be submitted by the
Contractor, in requisite number along with the reproducible (or electronic form – as applicable),
as detailed in Annexure enclosed herewith, as per provisions stipulated in the above mentioned
LOA/ Contract.
Encl: Annexure-I – List of Drawings
Date :
Signature……………….
Place:
Name…………………..
Designation…………….
W& P Manual – 2012 Page 271

Annexure – I.3
QA DOCUMENTS RECEIPT CERTIFICATE
[TO BE ISSUED BY FQA]
CERTIFICATE NO. CC - 03
NAME OF PACKAGE :
LETTER OF AWARD/CONTRACT NO.:
DATED :
NAME OF CONTRACTOR:
PROJECT :
This is to certify that the QA Documents as per the list enclosed (Annexure-I), in respect of the
above mentioned LOA/ Contract has been received in line with the provisions of the Contract.
Encl: Annexure-I – List of QA Documents
Date :
Signature……………….
Place:
Name…………………..
Designation…………….
W& P Manual – 2012 Page 272

Annexure – I.4
O&M MANUAL RECEIPT CERTIFICATE (where applicable)
[TO BE ISSUED BY O&M]
CERTIFICATE NO. CC - 04
NAME OF PACKAGE:
LETTER OF AWARD/ CONTRACT NO.:
DATED:
NAME OF CONTRACTOR:
PROJECT:
This is to certify that we have received from the Contractor all the necessary O&M Manuals in
requisite number, including the list of spare parts alongwith the names of vendors, in respect of
the above LOA/Contract. The consolidated list of such Manuals received is enclosed at
Annexure-I alongwith the distribution as marked in the list.
Encl: List Annexure-I – O&M Manuals
Date :
Signature……………….
Place:
Name…………………..
Designation…………….
W& P Manual – 2012 Page 273

SCOPE COMPLETION CERTIFICATE
(TO BE ISSUED BY SITE ERECTION/CONSTRUCTION)
Annexure – I.5
CERTIFICATE NO. CC - 05
NAME OF PACKAGE :
LETTER OF AWARD/ CONTRACT NO. :
DATED :
NAME OF CONTRACTOR:
PROJECT :
1. This is to certify that the scope of the above Contract has been completed in line with the
Contract read in conjunction with the following documents:
1. All Amendments including Final Amendment No. (As per CCP-01)
2. Approved Bill of Materials
3. Material Dispatch Clearance Certificate(s) (MDCCs)
4. Measurement Book
5. Any other documents (specify)
2. It is further certified that the following have been supplied, as per the details given in the
Contract Documents and the same have been taken over by DVC.
1. Mandatory Spares
2. Recommended Spares
3. Special Tools & Tackles
Date :
Place:
Signature……………….
Name…………………..
Designation…………….
W& P Manual – 2012 Page 274

Annexure – I.6
LIQUIDATED DAMAGES FOR DELAY CERTIFICATE
(TO BE ISSUED BY SITE (ERECTION / CONSTRUCTION)
CERTIFICATE NO. CC - 06
NAME OF PACKAGE :
LETTER OF AWARD/ CONTRACT NO.:
DATED :
NAME OF CONTRACTOR:
PROJECT :
This is to certify that the issue regarding liquidated damages for delay as per the provisions of
clause
of the above Contract/ LOA has been resolved with the approval of the
Competent authority vide reference
(copy enclosed).
Encl: Copy of Approval
Date :
Signature……………….
Place:
Name…………………..
Designation…………….
W& P Manual – 2012 Page 275

Annexure – I.7
SHORTFALL IN EQUIPMENT PERFORMANCE CERTIFICATE (where applicable)
[TO BE ISSUED BY OPERATION SERVICES (OS) FOR SITE PERFORMANCE TEST
AND
CORPORATE OR FQA – AS APPLICABLE) FOR SHOP TESTS]
CERTIFICATE NO. CC - 07
NAME OF PACKAGE :
LETTER OF AWARD/ CONTRACT NO.:
DATED:
NAME OF CONTRACTOR:
PROJECT:
This is to certify that the following shortfall in equipment performance as compared to the
guaranteed parameters have been assessed and agreed to with the Contractor in respect of the
above mentioned LOA/ Contract.
Sl.
No
Guaranteed
Parameter
Guaranteed
value
Assessed Value
Shortfall,
if any.
Liquidated
damages
1 2 3 4 5 6
Further, it is also confirmed that liquidated damages for shortfall in equipment performance in
respect of above Items, have been recovered fully from the Contractor and no other dues are
outstanding for shortfall in equipment performance.
Date :
Place:
Signature……………….
Name…………………..
Designation…………….
W& P Manual – 2012 Page 276

TO BE COUNTER SIGNED BY SITE ACCOUNTS
Date :
Place:
Signature……………….
Name…………………..
Note: Any special Documents to be enclosed.
Designation…………….
W& P Manual – 2012 Page 277

Annexure – I.8
MATERIAL RECONCILATION CERTIFICATE
[TO BE ISSUED BY SITE ERECTION / CONSTRUCTION
AND COUNTERSIGNED BY SITE (C&M)]
CERTIFICATE NO. CC - 08
NAME OF PACKAGE:
LETTER OF AWARD /CONTRACT NO.:
DATED:
NAME OF CONTRACTOR:
PROJECT:
This is to certify that the materials issued to the Contractor in respect of the above mentioned
LOA/Contract have been reconciled with the stipulations under the Contract Documents and no
other recovery of material is pending with the Contractor.
Date :
Signature……………….
Place:
Name…………………..
TO BE COUNTER SIGNED BY MATERIALS MANAGEMENT
Designation…………….
Date :
Signature……………….
Place:
Name…………………..
Designation…………….
W& P Manual – 2012 Page 278

Annexure – I.9
(Page 1 of 2)
PAYMENT RECONCILIATICN CERTIFICATE
(TO BE ISSUED BY SITE FINANCE IN CASE OF INDIAN CONTRACTORS)
CERTIFICATE NO. CC - 09
NAME OF PACKAGE :
LETTER OF AWARD/ CONTRACT NO.:
DATED :
NAME OF CONTRACTOR:
PROJECT :
This is to certify that all the payments released to the Contractor in respect of the abovementioned
LOA/Contract have been reconciled with the provisions of the Contract Documents and statement
of Accounts and or other Certificates of Contractor. It is observed that there are no recoveries
pending under any of the items noticed and listed below:
List of Items:
1. ……………
2. …………….
3. …………….
4. …………….
Date :
Place:
Signature……………….
Name…………………..
Designation…………….
W& P Manual – 2012 Page 279

Annexure – I.9
(Page 2 of 2)
Enclosure to CC-09
The list of recoveries and claims as advised by Site Erection should include all recoveries and
claims on any account whatsoever, including the following:
1. Liquidated damages for delay.
2. Liquidated damages for shortfall in Performance as observed during shop-testing (by
inspection deptt.)
3. Liquidated damages for shortfall in performance as observed during performance guarantee
tests conducted at site and other site tests.
4. All recoveries /claims on account of variations/deviations to scope of contract permitted or
otherwise taken place during execution of the contract as listed as certificate No. CC-05 for
contract closing (Certificate by site Erection for contract closing).
5. Recoveries on account of reconciliation of payments made under the contract.
6. All the claims against the contractor regarding clearance of materials from site and vacation
of the premises allotted for site office, stores.
7. All claims in respect of Training/Transportation/Accommodation/Services provided by site
in respect of above LOA/Contract.
8. Recoveries on account of settlement of insurance claims
9. Recoveries on account of reconciliation of materials issued to the Contractor.
10. All recoveries on account of demurrage, transportation, insurance premiums etc. and other
recoveries as informed by T&CC group on account of port clearance, transportation etc.
11. All recoveries on account of wastage and scrap.
12. All recoveries/claims (if any) on account of maintenance of equipments.
13. All recoveries/claims (if any) on account of price variation.
14. All recoveries/claims (if any) on account of statutory dues paid on behalf of the Contractor
by DVC.
15. Royalty charges.
16. All recoveries/ claims (if any) on account of hiring out of DVC’s plant and equipment.
17. All recoveries/claims (if any) on account of water and electricity charges (if applicable)
18. Any other recoveries/claims against specific instructions.
W& P Manual – 2012 Page 280

Annexure-I.10
CERTIFICATE REGARDING LABOUR PAYMENTS AND STATUTORY
REQUIREMENTS TO BE FURNISHED BY CONTRACTOR.
(TO BE ISSUED BY THE CONTRACTOR)
CERTIFICATE NO. CC - 10
NAME OF PACKAGE :
LETTER OF AWARD/ CONTRACT NO.:
DATED :
NAME OF CONTRACTOR:
PROJECT :
This is to certify that we have made all labour payments including PF Liabilities in respect of the
above mentioned LOA/ Contract and no other payments in this regard is pending from us.
Further, we confirm that all Statutory requirements have been complied with by us and in case
any default is reported against us, we shall be solely responsible for the same.
Date :
Signature……………….
Place:
Name…………………..
Designation…………….
Note: Where required, the proof of payment by Contractor may be obtained.
W& P Manual – 2012 Page 281

Annexure-I.11
NO DEMAND CERTIFICATE BY CONTRACTOR
(TO BE ISSUED BY THE CONTRACTOR)
CERTIFICATE NO CC--11
NAME OF PACKAGE :
LETTER OF AWARD/ CONTRACT NO.:
DATED :
NAME OF CONTRACTOR:
PROJECT :
We, M/s.............................................................................. (Contractor) do hereby acknowledge
and confirm that we have received the full and final payment due and payable to us from DVC in
respect of our aforesaid LOA/Contract No......................................
dated.................................including amendments, if any, issued by DVC to our entire satisfaction
and we further confirm that we have no claim whatsoever pending with DVC , under the said
Contract
Notwithstanding any protest recorded by us in any correspondence, document, measurement
books, and/or final bills etc., we waive all our right to lodge any claim or protest in future under
this contract.
We are issuing this “NO DEMAND CERTIFICATE” in favour of DVC with full acknowledge
and with our free consent without any undue influence, misrepresentation, coercion etc.
-----------------------------------------
Signature
------------------------------------------
NAME
------------------------------------------
DESIGNATION
-----------------------------------------
COMPANY SEAL
(This Certificate shall be accompanied by the Power of Attorney of the Signatory)
W& P Manual – 2012 Page 282

Annexure-I.12
CERTIFICATE FOR COMPLETION OF WARRANTY PERIOD
(TO BE ISSUED BY SITE ERECTION / CONSTRUCTION / O&M DEPTT.
(for R&M & O&M Contracts)
CERTIFICATE NO. CC - 12
NAME OF PACKAGE :
LETTER OF AWARD/ CONTRACT NO.:
DATED :NAME OF CONTRACTOR:
PROJECT :
This is to certify that the Warranty period for the above mentioned LOA/Contract has been
completed in line with the provisions of the Contract.
Date :
Signature……………….
Place:
Name…………………..
Designation…………….
W& P Manual – 2012 Page 283

Annexure – I.13
CERTIFICATE FOR RETURN OF BGs/ INDEMNITY BONDS ETC.
(TO BE ISSUED BY SITE FINANCE)
CERTIFICATE NO. CC - 13
NAME OF PACKAGE :
LETTER OF AWARD/ CONTRACT NO.:
DATED :
NAME OF CONTRACTOR:
PROJECT :
This is to certify that all the *Bank Guarantee/Indemnity bonds / Insurance policies /
Collaborator's or Associate's Guarantee, received for the abovementioned LOA/Contract, have
been returned in original to the Contractor.
Date :
Signature……………….
Place:
Name…………………..
Designation…………….
*Delete whichever is not applicable.
W& P Manual – 2012 Page 284

To
The
Letter of Bid
Sub :’
Ref:
1. NIT No: ‘………………………………………………………………………………...’
2. Tender Id No: ‘……………………..…………..’
Dear Sirs,
We offer to supply the materials as per our offered bill of quantity in accordance with the conditions of the
NIT document as available in the website. The details of the application fee/cost of Tender document and
EMD being submitted by us has been furnished on-line.
I/We are a Micro/ Small Enterprise covered under the provision of Micro Small and Medium
Enterprises Act’2006 and registered with the authority of the State Government.
I/We are not covered under the provision of Micro Small and Medium Enterprise Act, 2006
OR
This Bid and our written acceptance of it shall constitute a binding contract between us. We understand that
you are not bound to accept the lowest or any bid you receive.
We hereby confirm our acceptance of all the terms and conditions of the NIT document unconditionally.
Yours faithfully,
1. Name of Authorised Signatory
2. Type of Authorisation
3. Name of the Bidder
4. Address
5. e-Mail Address
6. Mobile Number
7. FAX Number
8. Telephone Number
9. Place
10. Date
(Signature of Bidder OR
Authorised person of bidder OR
DSC Holder bidding online with authorisation from bidder)
W& P Manual – 2012 Page 285

PROFORMA FOR AFFIDAVIT TO BE SUBMITTED BY THE
L-1 Bidder
(for genuineness of the information furnished on-line and authenticity of the documents
produced before Tender Committee for verification in support of his eligibility)
Non Judicial Stamp Paper (minimum value of Rs.10).
A F F I D A V I T
I/We, ----------------------------------------------------, authorized representative of M/s.
………………………..
……………………………………..………………………………………………….. solemnly declare
that :
1. I/We am/are submitting Tender for supply of ------------------------------
---------------
------------------------------------------------------------------------------------------------------- against NIT No.---
---------------
---- dated ------------, vide Bid ID -----------------------
2. All information furnished by me/us on-line in respect of fulfillment of eligibility criteria and
qualification information of this Tender is complete, correct and true.
3. I/We have never been banned or delisted by any Govt. or Quasi Govt. Agency or any
Public Sector
Undertaking.
OR
I/We have been banned by the organization named “---------------------------------------“for a period
of --------------
----- year/s, effective from ------------------- to
----------------
4. All scanned copy of documents ,wherever applicable, uploaded by me / us in support of
the information furnished online by me / us towards eligibility are valid and authentic.
W& P Manual – 2012 Page 286

5. I/We are a Micro/ Small Enterprise covered under the provision of Micro Small
and Medium Enterprises Act’2006 and registered with the authority of the State Government.
OR
I/We are not covered under the provision of Micro Small and Medium Enterprise Act, 2006
6. If any information furnished by me / us online and scanned copy of documents uploaded
in support of the information by me / us towards eligibility is found to be false / incorrect at any
time, DVC may cancel my Tender and penal action as deemed fit may be taken against me / us
, including termination of the contract , forfeiture of Earnest Money and banning / delisting of our
firm and all partners of the firm for a minimum period of 01 (one) year .
Signature of the Tenderer
Dated:
Signature and Seal of Notary
W& P Manual – 2012 Page 287

TENDER NO & DATE:
Bidder Name:
TECHNICAL PARAMETER SHEET
S.
No
*
Item
Code
*
Description
of Item *
Bidder's
Eligibility
Status
Specification
Parameter *
Unit of
Measure
*
Evaluation
Criteria (To
be selected
from drop
down box in
each cell) *
Others1 Others2 Required Value * Eligibility
REFERENCE
Start End Bidder's Specification
NO OF
Value Value value * wise
DOCUMENT
Overall
EQUAL or
MORE than
9 FALSE
NON-
COMPLIED
1
AGREED or
DISAGREED
AGREE
FALSE
NON-
COMPLIED
YES or NO YES FALSE
COMPLIED
EQUAL or
LESS than
9 FALSE
NON-
NON-
COMPLIED
2
AGREED or
DISAGREED
AGREE
FALSE
NON-
COMPLIED
YES or NO YES FALSE
BETWEEN 2 9 FALSE
NON-
COMPLIED
NON-
COMPLIED
3
AGREED or
DISAGREED
AGREE
FALSE
NON-
COMPLIED
4
4
YES or NO YES FALSE
YES or NO YES FALSE
YES or NO YES FALSE
YES or NO YES FALSE
YES or NO YES FALSE
YES or NO YES FALSE
YES or NO YES FALSE
YES or NO YES FALSE
NON-
COMPLIED
NON-
COMPLIED
NON-
COMPLIED
NON-
COMPLIED
NON-
COMPLIED
NON-
COMPLIED
NON-
COMPLIED
NON-
COMPLIED
5 Item 5
Deviation
Withdrawl
1 YES SELECT
***T E C H N I C A L P A R A M E T E R S H E E T
***PLEASE ENTER THE DETAILS AS PER THE INFORMATION AND DOCUMENTS YOU HAVE W.R.T. YOUR OFFERED ITEM/S
W& P Manual – 2012 Page 288

Tender Inviting Authority: DVC
Description of Item : DVC Tenders
NIT No. :
Bidder
Name:
PRICE SCHEDULE
S
l
.
N
o
.
*
Item
Descripti
on *
Ite
m
C
od
e /
M
ak
e *
Ten
dere
d
Qua
ntity
*
Unit
of
Mea
sur
e *
Esti
mate
d
Rate
in
Rs.
Ba
sic
Pri
ce
Ex
-
W
or
ks
(pe
r
uni
t)
( in
Rs
.)
Packi
ng &
Forw
ardin
g %
Ex
cis
e
Du
ty
%
A B C D E F G H I J
E
d
u
C
es
s
%
V
A
T/
C
S
T
%
K
Fre
igh
t
%
L
Insu
ranc
e (in
Rs.)
M
E
nt
ry
Ta
x
(in
R
s.)
N
Any
Oth
er
Cha
rge
s
( IN
RS.
)
O
Cost
of
With
draw
l (Ins
Rs.)
Loss
Capita
lisatio
n
Charg
e (Ins
Rs.)
P Q R
TOTAL 0.00
NOTE: Bidder may note that Techno-commercial Deviation Schedule bid containing deviations without cost of withdrawal,
Price shall be considered as unresponsive offer and will be out rightly rejected. Bidders are requested to be filled up the
column(Q) of cost of withdrawal in the price bid, will be taken into consideration for the purpose of bid evaluation
Rat
e
incl
usiv
e of
all
Tax
es/
Duti
es
( in
Rs)
0.00
0.00
0.00
***RATES ARE TO GIVEN IN INR ONLY
W& P Manual – 2012 Page 289

Tender Inviting Authority:
PRICE SCHEDULE OF WORKS
Name of Work:
Contract No:
SCHEDULE OF WORKS
(This Works template must not be modified/replaced by the bidder and the same should be uploaded after
filling the relevent columns,
else the bidder is liable to be rejected for this tender. Bidders are allowed to enter the Bidder Name and
Values only)
Bidder Name :
Sl.
No.
Description of
work
No.or
Qty.
Unit
Estimated Rate
(in. Rs.)
RATE In Figures To be
entered by the Bidder
Rs. P
AMOUNT
Rs. P
Figures
Words
1.00 0.00 0.00 Rupees 0.00
only
2.00 0.00 0.00 Rupees 0.00
only
3.00 0.00 0.00 Rupees 0.00
only
4.00 0.00 0.00 Rupees 0.00
only
5.00 0.00 0.00 Rupees 0.00
only
6.00 0.00 0.00 Rupees 0.00
only
7.00 0.00 0.00 Rupees 0.00
only
8.00 0.00 0.00 Rupees 0.00
only
9.00 0.00 0.00 Rupees 0.00
only
10.00 0.00 0.00 Rupees 0.00
only
11.00 0.00 0.00 Rupees 0.00
only
12.00 0.00 0.00 Rupees 0.00
only
13.00 0.00 0.00 Rupees 0.00
only
14.00 0.00 0.00 Rupees 0.00
only
Total in Figures 0.00
Total in Words
Rupees only
W& P Manual – 2012 Page 290

LIST OF RELEVANT OM / CIRCULARS.
1. S/CE(T-3)/07/2001/(VOL.11)/1073 DT 28, October,2010 improvements in qualifying
requirement
2. C-13011/40/2009-V&S Dt 20 th Oct,2011 reg Non relaxation of qualifying Requirements.
3. Sectt/w1-c-46/(vol.)/500 Dt.May 3 rd 2012 Reg provision of Vat/Tax element.in
Purchase/work order
4. WI-C/46(vol.IV)Pt.111/796 Dt 1 st ,July,2009 reg submission and opening of high value
Tender Documents.
5. Sectt/WI-C/46(vol.)/120 Dt Jan25,2011 reg Posting ofcontracts details on DVC website.
6. C-30019/22/2011-V&S Dt 30 th Dec ,2011 reg Govt agenda on good governance and anti
corruption.
7. WI/C-46/Vol-IV/1128 Dt 8th Nov 2011 Reg Procedure for processing expenditure proposal
for approval.
8. Sectt/wI-C-46/(vol) 587 Dt May 11, 2009 Reg Publishing of Summary on award of
contracts/Purchase order on DVC website.
9. WI_C/46 (Vol.VI)-1209 DT Nov 24 th , 2011 Reg Screening of Application by the Vendor
Registration Committee.
10. Sectt/EV/DA-3/2005(Vol.II)/-326 Dt April08,2011 RegQuarterly report on all work awarded
on nomination basis.
11. Sectt./EV/DA-3/2005(vol.II)/80 Dt 20 th Jan, 2011 Reg policy to award contract on
nomination basis.
12. CMM/ OM/ Inegrity Pact/ 362 dated 22.5.12-Addoption of integrity pact.
13. WI/C-46/Vol-VI/687 dated 20.6.12-Baning of vendors.
W& P Manual – 2012 Page 291