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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 W& P Manual – 2012 Page 170
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 <strong>DVC</strong> 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. W& P Manual – 2012 Page 171
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(VERSION-IV) DAMODAR VALLEY CORPORA
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Damodar Valley Corporation Material
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INDEX Sl.No Particulars Page Part-I
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29 Procedure for processing the ten
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2 Format 123 3 Removal from the lis
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45 Grafts / commission 169 46 Accep
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5 Monitoring of contract closing 26
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3. CLARIFICATION OF WORKS & PROCURE
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Purchase Officer, C&M Deptt. Kolkat
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14. First time procurement for repl
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In order to submit the Bid, the bid
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ii. iii. If the request of withdraw
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with forfeiture of EMD with caution
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L-1 bidder/s will be accorded by th
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l) Insertion of Liquidated Damages
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i) Vendors whose offers were techno
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Completed Work means the executed/c
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4. In case of DFP(OE), QR will repr
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clarification for determining of th
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to check the contents. If ‘A’ e
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displayed to the bidders on-line an
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online and authenticity of the docu
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In case of TAA is Board/ Chairman f
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establishments including direct mai
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6 . In the process of standardizati
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1. Upto Rs.100 lakhs Rs.1500/- 2. A
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ACCEPTANCE OF BANK GUARANTEE SUBMIT
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For Open /Limited Tender: i) Starti
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At any time prior to the deadline f
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committee but also by the tenderers
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NIT under the evaluation process. T
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CONSTITUTION AND APPROVAL OF TENDER
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technical acceptability of the offe
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However, no clarifications should b
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38. DELIVERY PERIOD CONSIDERATION:
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identified. The idea of the exercis
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5. Tenders above the limit of 10% b
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45. CONSIDERATION OF PURCHASE PROPO
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TENDER OPENING TENDER EVALUATION BY
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1. Time Frame for Various Procureme
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authority for acceptance before com
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In case of belated delivery Account
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EPF cell with check and certify the
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Provision of part payment against p
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longer completion period (more than
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11. (a) The Indian Agent will be ac
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Annual Maintenance Contract for any
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f) Approval and other guidelines fo
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concurrence thereof to be taken whi
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All concerned official /authorities
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1. Manufactures : 2. Suppliers 3. C
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13) Please fill up the checklist
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DAMODAR VALLEY CORPORATION VENDOR R
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* 8.2 IF IN-HOUSE TESTING FACILITIE
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9.7 9.8 9.9 Growth over previous ye
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(viii) Experience List / Performanc
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9* Customer complaints handling sys
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4. 6.2 APPROVAL BY ASME/ NTPC/ NPC/
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6. 7. 9.8 Whether the supplier has
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6. 7. 8. 9. System of Identificatio
Page 129 and 130: REGISTRATION CRITERIA: SI. No Score
Page 131 and 132: DAMODAR VALLEY CORPORATION NAME OF
Page 133 and 134: 1. Contractors’ Performance Evalu
Page 135 and 136: 4 Mobilization time taken to start
Page 137 and 138: Format for Contractor’s Performan
Page 139 and 140: given by DVC and safety related rec
Page 141 and 142: Recommendation Remark, (if any): En
Page 143 and 144: 1.3 Procedure for Removal from the
Page 145 and 146: 5.1 Grounds for Banning of Business
Page 147 and 148: should be preferred within one mont
Page 149 and 150: Sealed Envelope containing tenders
Page 151 and 152: 18(eighteen) months from the date o
Page 153 and 154: THE REQUIREMENT SHOULD BE MENTIONED
Page 155 and 156: 15. Tenderers will be solely respon
Page 157 and 158: 3. SPECIFICATIONS AND DRAWINGS: 3.1
Page 159 and 160: Each bidder should respond for sing
Page 161 and 162: 8. PRICE BASIS: Price mentioned in
Page 163 and 164: on the scheduled or actual date of
Page 165 and 166: not be given effect to in evaluatio
Page 167 and 168: epresentative. All these tests shal
Page 169 and 170: 20%of the Ex-works price / ordered
Page 171 and 172: contractor/vendor, a sum equivalent
Page 173 and 174: infringement and shall keep the Pur
Page 175 and 176: ii) Bidders may take part in the bi
Page 177 and 178: sub-letting or transfer shall not r
Page 179: 42.2 Checking / approval of vendors
Page 183 and 184: 2.5 c) The Contractor shall get all
Page 185 and 186: Within twenty-eight (28) days after
Page 187 and 188: deemed to be a Change, and such cha
Page 189 and 190: (d) costs incurred by the Contracto
Page 191 and 192: Price, the Contractor shall be liab
Page 193 and 194: performance of the Contract. 54.3 T
Page 195 and 196: the Employer, the expense of rectif
Page 197 and 198: emove any Contractor’s Equipment
Page 199 and 200: 7. To be furnished (a)Relevant Draw
Page 201 and 202: ANNEXURE - B PRICE BID (APPLICABLE
Page 203 and 204: ANNEXURE - C Techno-Commercial Devi
Page 205 and 206: ANNEXURE -E DETAILS OF BANKER FOR M
Page 207 and 208: TERMS & CONDITIONS 1. PRICE BASIS :
Page 209 and 210: ANNEXURE -G DAMODAR VALLEY CORPORAT
Page 211 and 212: ANNEXURE-H DAMODAR VALLEY CORPORATI
Page 213 and 214: ANNEXURE-I DAMODAR VALLEY CORPORATI
Page 215 and 216: ANNEXURE-K NO DEMAND CERTIFICATE TO
Page 217 and 218: DAMODAR VALLEY CORPORATION NAME OF
Page 219 and 220: (on non-judicial stamp paper of app
Page 221 and 222: The owner shall give the fullest li
Page 223 and 224: (On non-judicial stamp paper of app
Page 225 and 226: emain in force upto ……………
Page 227 and 228: (2) AND WE, DO HEREBY Guarantee and
Page 229 and 230: INSTRUCTIONS FOR FURNISHING BANK GU
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That this Indemnity Bond is irrevoc
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CHECKLIST TO BE SENT BY TENDER COMM
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DAMODAR VALLEY CORPORATION ANNEXURE
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ANNEXURE-U SUMMARY SHEET OF PROPOSA
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(b) Selection Mode : i) Approving A
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Name of bidder Ranking Evaluated Pr
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ANNEXURE-V DAMODAR VALLEY CORPORATI
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(ii) The Contract Labour (Regulatio
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e) The payment of wages, ESI, PF, b
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) The Party of the First Part shall
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As Per the Clause 27 of the General
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the workmen shall be borne by the P
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SCHEDULE - (I) Premises at which th
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ii) In case of O.T., details of NIT
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(v) Unit F&I Charges for supply ite
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25 City Union Bank Ltd. 26 Coastal
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79 The Royal Bank of Scotland N.V.
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execute fully efficiently and satis
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ANNEXURE-Z DAMODAR VALLEY CORPORATI
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1. The Bidder/Contractor shall not,
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a. The imposition and duration of t
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unconditional access to the project
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Witness 2: (Name & Address) W& P Ma
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CC-03 Q.A. Documents Receipt Certif
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Exception Reports on Contract Closi
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Annexure - I.2 DRAWING RECEIPT CERT
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Annexure - I.4 O&M MANUAL RECEIPT C
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Annexure - I.6 LIQUIDATED DAMAGES F
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TO BE COUNTER SIGNED BY SITE ACCOUN
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Annexure - I.9 (Page 1 of 2) PAYMEN
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Annexure-I.10 CERTIFICATE REGARDING
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Annexure-I.12 CERTIFICATE FOR COMPL
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To The Letter of Bid Sub :’ Ref:
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5. I/We are a Micro/ Small Enterpri
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Tender Inviting Authority: DVC Desc
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LIST OF RELEVANT OM / CIRCULARS. 1.
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