COMMERCIAL TERMS & CONDITIONS OF TENDER

COMMERCIAL TERMS & CONDITIONS OF TENDEREnquiry No.& Date: 88/13/6012/SNSProject: Electrical Operation and Maintenance of 40 MLD STP,CMWSSB, Nesapakkam, ChennaiSl No Clause Description Contractor’sAcceptance/Remarks/(Yes/No)1.0 Scope of work Operation and Maintenance of 40 MLD STP involving HT/LT Switch Gears,LT Motor Control Centers, Switch Boards, Push Button Stations, associatedcables, Entire lighting system and Instrumentation items like flow meters andlevel indicators will be handed over to contractor for O & M. It isresponsibility of the contractor to operate and maintain the plant. Howevercomponents or devices to be replaced shall be provided by BHEL.2.0 Price basis Theprice shall befirmthroughout theperiod of thecontract andextensionsthereof, if any.Unit Price quoted shall be FIRM in line with price format, inclusive of alltaxes and duties for Opearation and Maintenance of the plant. Priceincludes service and supply of tools and tackles required for maintainingplant healthy and in good operable condition. Cost also includes royalties if antaxes and duties, WCT, BOCW license fees, statutory obligations,(except service tax for works, which will be reimbursed at actualsagainst documentary evidence). TDS shall be deducted as per ITrules.3.0 PaymentTerms, mode ofpayment &method ofmeasurement.4.0 Type ofContract5.0 ContractPeriod90% payment shall be made through ECS/Cheque from Bangalore office onlyagainst submission of RABs raised monthly as per approved billing break upand duly certified by BHEL site Engineer. The contractor shall submit theRAB along with following documents duly certified by BHEL Site Engineer.1) Attendance sheet of personnel deployed at site for O & M activity for theperiod of billing .2) Wage sheet of personnel deployed for O & M activity of the plant withdeduction towards PF,ESI etc.3) Supporting documents towards proof of remittance of PF & ESIcontribution for the workmen.4) ESI/Workmen compensation Insurance policy for the workmen withvalidity period.5) Certification of the BHEL Engineer for satisfactory operation andmaintenance of the plant.Balance 10% shall be paid after successful completion of the contract andacceptance by BHEL.UNIT RATE _WO_QUANTITY VARIATION24 Months from date of Issue of LOA.Page | 1

COMMERCIAL TERMS & CONDITIONS OF TENDEREnquiry No.& Date: 88/13/6012/SNSProject: Electrical Operation and Maintenance of 40 MLD STP,CMWSSB, Nesapakkam, Chennai6.0 LiquidatedDamages(Compensationfor Delay)7.0 Recovery fordefault8.0 Security0.5% per week delay from the cutoff date for maintenance activity limiting to7.5% of the total order value as per the clause 41 of GCC.List of recovery to be made on defaulting is given in ANNEXURE VI (PageNo 20of 21) of Tender Secification IS-1-03-2010/O & M/ELE.As per Clause No.16(c) of Chapter III of our General Conditions of ElectricalContract. (Rs.4.00 Lakhs + 5% of the amount exceeding Rs. 50 Lakhs).Deposit9.0 Insurance a) By the contractor for his workers, tools & tackles, workmen compensationinsurance. The contractor shall also take third party insurance liability for avalue of Rs.10.00 Lakhs subject to Rs. 1.00 Lakhs per occurrence and Rs.5.00Lakhs for death.b) In case of theft or loss of materials from the site or from the erectedequipments during contract period, coordination with local police, authorities,lodging the FIR & obtaining the receipt for the same and coordination withthe insurance agencies, are in contractor’s scope.c) For all the equipments, the insurance is by BHEL.10.0 Labour Laws The contractor shall follow all the labour laws including BOCW act asapplicable at the place of work 40 MLD STP,CMWSSB,Chennai,TAMILNADU state including payment of minimum wages fixed by theGovernment of TAMILNADU and should have valid licence to work. (This isprecondition for finalization of the contracat).11.0 Risk & Cost As per the risk & cost policy, if the contractor fails to render the services,tools and tackles or failed to carry out the job in time specified under theirscope, BHEL will get the job done at the risk & cost of the contractor. Theactual cost incurred for such jobs along with the departmental charges @ 15%will be recovered from the contractor ‘s bills.12.0 Arbitration Subject to Bangalore jurisdiction only based on Indian Arbitration Act 1996.13.0 Earnest MoneyDeposit (Valueis as per Clause16 of chapter –III, page 11 of52)Rs.1,50,000/- by DD payable to BHEL-ISG, Bangalore. BG is not acceptable.(Please ignore the BG format available in GCC).14.0 Validity 90 days from the date of opening the tender for the finalization of order/reverse auction.Page | 2

COMMERCIAL TERMS & CONDITIONS OF TENDEREnquiry No.& Date: 88/13/6012/SNSProject: Electrical Operation and Maintenance of 40 MLD STP,CMWSSB, Nesapakkam, Chennai15.0 Proposedorganizationchart .16.0 Income taxreturncertificate forthe previous 2years.17.0 Experience inexecutingmajor works inthe last 7 yearswithsupportingdocuments.Proposed organization chart for O & M activity including Engineers,Supervisors, Operators, skilled and unskilled work planned for the executionof the job and with their experience shall be enclosed.To be furnished by thecontractor along with the Technical Bid offer.To be furnished by the contractor with Techno-Commercial offer.Pre-qualification criteria given in Section-I. of Tender specification No. IS-1-03-2010 will apply. Tender Documents to be referred and all the mandatoryinformation have to be provided to get approval of end customer forconsideration of the bid.18.019.0Tools &Tackles,Instruments,Materialhandlingequipment,Power & WaterrequirementRejection ofOfferBy the contractor (To be listed in the offer)BHEL reserves the right to reject the offer, in case past performance of thebidder in any of BHEL’s previous contract is found not satisfactory.20.0 Credentials ofthe firmTo be enclosed along with the offer. Refer Section I of Tender specificationNo.IS-1-03-2010.Page | 3

COMMERCIAL TERMS & CONDITIONS OF TENDEREnquiry No.& Date: 88/13/6012/SNSProject: Electrical Operation and Maintenance of 40 MLD STP,CMWSSB, Nesapakkam, Chennai21.0Receiptunloading,Storage andtransportationof materialfrom storage tolocation ofinstallation.By bidder. Necessary manpower, tools, material handling equipment etc forcarrying out these activities will be made available at site by the bidder.Electrical Equipments and accessories needed for O & M activity shall besupplied by BHEL. (Eg: Motors, Fans, Instruments etc Spares of MWM GasEngine and Dual Fuel Generator (DFG) including cooling tower, Radiatorsetc). Receipt, Unloading, Storing and transportation from temporary storageto location of installation shall be in the scope of bidder. (Within Sitepremises)22.0 Consumables theplantAll consumables required for O & M activity shall be included in the bidder’sscope.23.0 Labor license By the bidder. Bidder should have valid license to work in TAMILNADUstate, if not the same should be produced within one month on award of thecontract.24.0 Reverse Auction BHEL reserves the right to go for Reverse Auction instead of opening thesubmitted sealed Price bid, which will be decided after technical evaluation.In case the reverse auction could not be completed due to any reasons, BHELreserves the right to open the sealed price bids in public and finalize theplacement of order accordingly. Non acceptance of this clause by the vendorwill lead to rejection of offer.25.0 Other works inscope ofcontractor26.0 Condition foropening thepricebid/ReverseAuction,27.0 All other terms1) All material handling equipments like cranes, fork lifters, tripods etcrequired for the completion of the work. 2) Providing of tarpaulins &covering materials as required for protection of materials at temporary storageplace.Vendor shall register with BHEL-ISG before price bid opening/ReverseAuction. You have to download the sub-contractor Registration form fromBHEL website.(http://www.bhel.com/vendor_registration /vendor.php). Fordetails contact;080-22184079Y)As per our tender enquiry & GCC(Mr. PHILOMEN BENEDICT& conditions28.0 Exclusions (1) Major maintenance of MWM Gas Engine like E40, E50, E60 & E 70are excluded from the scope of bidder. However, man powerassistance for the Major/Minor maintenance and break downactivities shall be in the scope of bidder.(2) Major maintenance of 02 No of DFGs are excluded from the scope ofbidder. However, man power assistance for the Major/Minormaintenance and break down activities shall be in the scope ofbidder.(3) Supply of Electrical, Electronics/devices/components and accessoriesrequired for O & M is not in the scope of bidderand will be providedby BHEL.Page | 4

COMMERCIAL TERMS & CONDITIONS OF TENDEREnquiry No.& Date: 88/13/6012/SNSProject: Electrical Operation and Maintenance of 40 MLD STP,CMWSSB, Nesapakkam, ChennaiSignature of the Contractor with seal & Date.Note: All the above columns are to be filled up by the contractors. Deviations will not be accepted byBHEL. No Prices to be filled up in this format. All Prices are to be filled up only in the enclosed price bid.Tenders are to be submitted in two parts. Part – A : Technical & Commercial bid and Part – B : Price Bid.Page | 5