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TENDER DOCUMENTFORSUPPLY, INSTALLATION, TESTING ANDCOMMISSIONING AND TRIAL RUNOF60MT CAPACITY ELECTRONIC ROADWEIGHBRIDGEFORROIDA ‘C’ MINESTENDER NOTICE NO.IKIWL/CPL/9560 DT.14.03.2008IDCOL KALINGA IRON WORKS LTD.MATKAMBEDA – 758036BARBIL, KEONJHAR.March – 2008 COST Rs.- 2000/-


-1-TABLE OF CONTENTSSECTION SUBJECT PAGEI TENDER NOTICE 2II INSTRUCTIONS TO BIDDERS 3III GENERAL CONDITIONS OF CONTRACT 15IV SPECIAL CONDITIONS OF CONTRACT 27(ERECTION & COMMISSIONING)IV TERMS & CONDITION 41V TECHNICAL DATA SHEET 46VI BID PRICE 54VII BID FORM 57VIII QUALIFICATION APPLICATION 65IX TECHNICAL DEVIATION STATEMENT FORM 69X POINTS BIDDERS SHOULD BEAR IN MIND 70IKIWLSignature of Bidder


-2-THE IDCOL KALINGA IRON WORKS LTD.MATKAMBEDATENDER NOTICE No.IKIWL/CPL/9560 dt.14.03.08Sealed <strong>tender</strong>s are invited from Manufacturer or authorized Agents (where manufactureas a matter of policy is not quoting directly) <strong>for</strong> <strong>supply</strong>, <strong>installation</strong> & <strong>commissioning</strong>of 60MT electronic pit less road weigh bridge at our MINES ROIDA.C.For details visit our website of IDCOL (“http://www.idcorissa.com”).Interested eligible <strong>tender</strong>ers may purchase <strong>tender</strong> <strong>document</strong>s from the IKIWL,Matkambeda-758036 on payment of Rs.2000/- in cash or DD drawn in favour ofIKIWL payable on any national Bank preferably State Bank of India payable at Barbil.If <strong>document</strong>s are required to be sent by post additional Rs.250/- to be paid. Documentscan also be down loaded from the website <strong>and</strong> submitted in which case the <strong>tender</strong>er hasto pay the cost of <strong>tender</strong> paper along with the <strong>document</strong> at the submission in <strong>for</strong>m ofDD of Rs.2000/-.The <strong>tender</strong> papers will be available from 17.03.2008 to 06.05.2008 on all working daybetween 10 – 16 hours <strong>and</strong> will be received up to 16 hours on 06.05.2008. This will beopened on 06.05.2008 at 17 hours on presence of interested bidders.IKIWL reserves the right to accept or reject any or all the <strong>tender</strong>s or part thereofwithout assigning any reason.IKIWLSignature of Bidder


-3-SECTION – II1.0 GENERAL INFORMATIONIN STRUCTION TO BIDDERS1.1 NAME OF WORK: SUPPLY AND INSTALLATION OF ONE NO.60MT CAPACITY WEIGH BRIDGE HAVINGPLAT FORM SIZE 9X3 MTR. FORWEIGHMENT OF IRON ORE LUMPS.1.2 LOCATIONS AND AREAS - MINES – ROIDA ‘C’, BARBIL.1.3 Period of CompletionThe period of completion of work, including <strong>supply</strong> <strong>testing</strong>, <strong>commissioning</strong>,trial run <strong>for</strong> 30 days, <strong>and</strong> h<strong>and</strong>ing over, shall be three months from the dateof notification of award, which shall exclude the non-working periodsduring monsoon <strong>and</strong> festivals, <strong>and</strong> the period of commencement.1.4 IMPORTANT NOTE1. Period of completion of work is very important <strong>for</strong> this project the work hasto be carried out strictly as per the working programme.2. The work shall be carried out in the operating plant. The contractor has totake care that normal activities of the plant are not happened in any waydue to the works being done by the contractor.1.5 THE SCOPE OF WORK INCLUDESSupply, <strong>installation</strong>, <strong>testing</strong> & <strong>commissioning</strong> of electrical cables &conduits etc. as per the schedule of quantities given in the <strong>tender</strong>.2.0 Eligibility <strong>and</strong> Qualification requirements :-Supply, <strong>installation</strong>, <strong>testing</strong> & <strong>commissioning</strong> of electrical cables &conduits etc. as per schedule of quantities given in the <strong>tender</strong>.2.1 This invitation to bid is open to all eligible bidders.2.2 To be eligible <strong>for</strong> the award of the contract, bidders shall provide evidencesatisfactory to the IKIWL of their eligibility <strong>and</strong> of their capacity <strong>and</strong>adequacy of resources to carry out the contract effectively. Detailrequirements <strong>for</strong> this have been specified in clause 12 of the instruction tobidders.IKIWLSignature of Bidders


3.0 Price basis :3.1 For <strong>supply</strong> :The quoted price <strong>for</strong> the equipments shall be FOR destination basis, inclusive ofall taxes & duties, packing & <strong>for</strong>warding charges, transportation, insurance <strong>and</strong>other incidental charges, loading <strong>and</strong> unloading charges etc. as applicable. Thebidder shall however, provide a break-up of the price quoted.Bidders are required to give break up of unit rates & quantities of each & allitems to be supplied <strong>for</strong> the purpose of the contract.3.2 For erection/<strong>installation</strong>, <strong>testing</strong>, <strong>commissioning</strong>, trial run & h<strong>and</strong>ing over :Bidders shall submit separate rates <strong>for</strong> complete <strong>installation</strong>, <strong>testing</strong> <strong>and</strong><strong>commissioning</strong>, including satisfactory per<strong>for</strong>mance trial run <strong>for</strong> 30 days.Prices quoted should be on FOR destination basis, inclusive of all taxes &duties, packing & <strong>for</strong>warding charges, transportation, insurance <strong>and</strong> otherincidental charges, loading & unloading charges etc. as applicable. Thecontractor shall be responsible <strong>for</strong> <strong>supply</strong> of all sundries/ power/ fuel as may berequired <strong>for</strong> erection, <strong>testing</strong>, <strong>commissioning</strong> <strong>and</strong> per<strong>for</strong>mance trial run <strong>for</strong> 30days, including oil <strong>and</strong> lubricant. However, electrical/fuel charges during the 30days period of per<strong>for</strong>mance trial run shall be borne by IKIWL.The contractor shall have to create their own shortage space <strong>for</strong> all theequipments & materials <strong>and</strong> provide watch & ward <strong>for</strong> it. Insurance ofequipments materials during shortage, shifting, <strong>installation</strong> & <strong>testing</strong> shall becontractor’s responsibility.4.0 Cost of BiddingThe Bidder shall bear all cost associated with the preparation <strong>and</strong> submission ofits bid, <strong>and</strong> the IKIWL, hereinafter referred to as “THE IKIWL” will in no casebe responsible or liable <strong>for</strong> those cost, regardless of conduct or outcome of thebidding process.B. THE BIDDING DOCUMENT.5.0 CONTENT OF BIDDING DOCUMENTS5.1 The goods required, bidding procedures <strong>and</strong> contract terms are prescribed inbidding <strong>document</strong>s. In addition to the <strong>tender</strong> notice, the bidding <strong>document</strong>sincludes:a) Instruction to bidders;b) General Conditions of Contract;c) Special Conditions of Contract (<strong>for</strong> Erection works);d) Special Conditions of Contract (<strong>for</strong> Mechanical <strong>installation</strong>);e) Special Conditions of Contract (<strong>for</strong> electrical <strong>installation</strong>);f) Technical Specifications <strong>and</strong> schedule of quantities;g) Bid Form;h) Schedule of supp. In<strong>for</strong>mation;-4-IKIWLSignature of Bidders


5.1 The Bidder is expected to examine all instructions, <strong>for</strong>ms, terms <strong>and</strong> specifications,in the bidding <strong>document</strong>s. Failure to furnish all in<strong>for</strong>mation required by the bidding<strong>document</strong>s or submission of a bid not substantially responsive to the bidding<strong>document</strong>s in every respect will be at the bidder’s risk <strong>and</strong> may result in therejection of its bid.6.0 Clarification of Bidding DocumentsA prospective Bidder running any clarification of the Bidding Documents maynotify the IKIWL in writing or by FAX or at the IKIWL mailing address indicatedin this <strong>document</strong>. The IKIWL will respond in writing to any request <strong>for</strong> clarificationof the bidding Documents which it receives not later than 15 days prior to thedeadline <strong>for</strong> the submission of bids prescribed by the IKIWL. Written copies of theIKIWL response (including an explanation of the query without identify the sourceof inquiry) will be sent to all prospective Bidders which have received the biddingDocuments, <strong>and</strong> will be attached to the Bidding Documents sold subsequently.7.0 Amendment of Bidding Documents7.1 At any time prior to the deadline <strong>for</strong> submission of bids, the IKIWL may, <strong>for</strong> anyreason, whether at its own initiative or in response to a clarification requested byprospective Bidders, modify the Bidding Documents by amendment.7.2 The amendment will be notified in writing or by FAX or to all prospectiveBidders, which have received the Bidding Documents <strong>and</strong> will be bidding onthem. The amendment will be attached to the bidding <strong>document</strong>s soldsubsequently.7.3 In order to af<strong>for</strong>d prospective Bidders reasonable time in which to take theamendment into account in preparing their bids, the IKIWL may, at its discretion,extend the deadline <strong>for</strong> the submission of bids.C. PREPARATION OF BIDS.-5-8.0 DOCUMENTS COMPRISING THE BID8.1 The bid prepared by the bidder shall comprise the following components:a) The original bidding <strong>document</strong> as issued to the bidder, signed & sealed in eachpage by the bidder as token of having read, understood & accepted the content,therein.b) The bid <strong>for</strong>m <strong>and</strong> schedule of quantities, provided in the bidding <strong>document</strong>,completed in accordance with clauses 09 <strong>and</strong> 10.IKIWLSignature of Bidder


-6-c) Documentary evidence established in accordance with Clause 12 that bidder iseligible to bid <strong>and</strong> is qualified to per<strong>for</strong>m the contract if its bid is accepted.d) Documentary evidence is established in accordance with Clause 12 that thegoods <strong>and</strong> ancillary service to be supplied by the bidder con<strong>for</strong>m to the biddingDocuments.e) Income tax & sales Tax Clearance certificates valid till the end of bid validityperiod <strong>and</strong> copy of latest income tax return.f) Bid security (Earnest Money Deposit) furnished in accordance with clause 13.)9.0 Bid FormThe Bidder shall complete the bid Form <strong>and</strong> schedule quantities furnished in theBidding Documents, indicating <strong>for</strong> the goods to be supplied, a brief descriptionof the goods, quantity <strong>and</strong> prices.10.0 Bid Prices10.1 The shall indicate in the schedule of quantities, provided in this<strong>document</strong>, the unit price <strong>and</strong> total Bid prices of the goods it proposes to<strong>supply</strong> under the contract, on FOR destination basis, inclusive all taxes& duties, packing & <strong>for</strong>warding charges, transportation, insurance <strong>and</strong>other incidental charges, loading & unloading charges etc. as applicable.10.2 Bidders shall provide the break-up of their offered prices separatelyin the following manner.i. The price of the goods, quoted ex-factory, ex-showroom, ex- warehouse orof the self, as applicable, including all duties <strong>and</strong> sales <strong>and</strong> other taxesalready paid or payable:On the components <strong>and</strong> raw materials used in the manufacturer or assemblyof goods quoted ex-factory.OrThe price of the goods, quoted ex-factory, ex-showroom, ex-warehouse oroff-the-shelf, as applicable, including all duties <strong>and</strong> sales other taxesalready paid or payable on the imported goods of <strong>for</strong>eign origin quoted exshowroom,ex-warehouse or off-the-shelf.ii. Any excise duty, sales <strong>and</strong> other taxes applicable in India which will bepayable on the goods if this contract is awarded.iii. Charges <strong>for</strong> packing <strong>and</strong> <strong>for</strong>warding, inl<strong>and</strong> transportation, insurance<strong>and</strong> other costs incidental to delivery of the goods to their finaldestination; <strong>and</strong>iv. The cost of all incidental services required under the contract.IKIWLSignature of Bidder


-7-10.3 The bidder’s separation of price components in accordance with Para.10.2 above will be solely <strong>for</strong> the purpose of the facilitating thecomparison of bids by the IKIWL.11.0 Fixed pricePrice quoted by the Bidder shall be fixed during the Bidder’sper<strong>for</strong>mance of the contract <strong>and</strong> not subject to variation on any account.A bid submitted with an adjustable price basis <strong>for</strong> such goods <strong>and</strong>services will be treated as non-responsive <strong>and</strong> rejected, pursuant toclause 23.12.0 Documents Establishing Bidders’ Eligibility <strong>and</strong> QualificationsMANUFACTURER. National/international repute in electronic weighing field.. More than 10 years experience in manufacturing electronic weighingMachine having own facility to manufacture Load cells & weightIndicator etc.. Average Turn over should be more than 2 Crore during last three years(Copy of Balance sheet/P/L account should be enclosed). ISO 9001/ISO 14001 certification (copy of should be enclosed) if any.. Manufacturing License from legal Metrology authorities (copy shouldbe enclosed). Model approval certificate from the Govt. of India (copy should beenclosed). Own facility/Dealer in Orissa to provide after-sales-service havingrepairing license from L/M, Orissa (copy of repairing license shouldbe enclosed). More than 20 <strong>installation</strong>s of 60MT capacity electronic RoadWeighbridge in Orissa. (copies of orders along with completionCertificate should be enclosed.IKIWLSignature of Bidder


AUTHORISED DEALER-8-. Dealers of reputed manufacturers with specially authorized to quote againstthis <strong>tender</strong>.. Dealership & Repairing License from legal Metrology authorities. Govt. ofOrissa. Copies of License should be enclosed.. More than 10 years experience in <strong>supply</strong>, <strong>installation</strong> <strong>and</strong> repairing ofElectronic Road weighbridges/Rail way wagon weighbridge/in motion WB.. Successful completed <strong>supply</strong> & <strong>installation</strong> of minimum 10 nos of 60 MTCapacity Road Weighbridges in Govt. & PSU during last 5 years. (Copies o<strong>for</strong>der along with completion certificate should be enclosed.). Turn over should be more than 75 lakh <strong>for</strong> last three years. (Copy of balancesheet/P/L account should be enclosed). Solvency Certificate <strong>for</strong> 50 Lakh from any nationalized Bank.. VAT Registration Certificate. (Copy should be enclosed). Service Tax Registration Certificate. (Copy should be enclosed).13.C Bid Security (Earnest Money Deposit)13.1 Pursuant to clause 8, the Bidder shall furnish, as part of its bid, bid security of1% (one percent) of the total value.13.2 The bid security is required to protect the IKIWL against the risk of bidder’sconduct, which would warrant the security’s failure, pursuant to para.13.7.13.3 The bid security shall be in one of the following <strong>for</strong>ms:a) A Bank guarantee issued by a Nationalized Bank located in India in the <strong>for</strong>mprovided in the bidding Documents, <strong>and</strong> valid <strong>for</strong> 30 days beyond the validity ofthe bid, orb) A dem<strong>and</strong> draft in favour of IDCOL Kalinga Iron Works Ltd. Payable at Barbil.13.4 Any bid not secured in accordance with paras. 13.1 <strong>and</strong> 13.3 will be rejected bythe IKIWL as non-responsive.IKIWLSignature of Bidder


-9-13.5 Unsuccessful bidder’s bid security will be discharged/returned as promptly aspossible but not later than 30 days after the expiration of the period of bidvalidity.13.6 The successful Bidder’s bid security will be discharged upon the biddersexecuting the agreement, pursuant to clause 32, <strong>and</strong> furnishing the per<strong>for</strong>mancesecurity, pursuant to clause 34.13.7 The bid security be <strong>for</strong>feited:a) If a bidder withdraws its bid during the period of bid validity specified by thebidder on the bid <strong>for</strong>m; orb) In the case of successful bidder, if the bidder fails;(i) To sign the contract in accordance with clause 31Or(ii) To furnish per<strong>for</strong>mance security in accordance with clause 3214.0 Period of validity of bids14.1 Bid shall remain valid <strong>for</strong> 90 days after the date of bid opening, stated in the coverpage/ <strong>tender</strong> notice. A bid valid <strong>for</strong> a shorter period may be rejected by theIKIWL as non-responsive.14.2 In exceptional circumstance, the IKIWL may solicit the bidders’ consent to anextension of the period of validity. The request <strong>and</strong> the responses thereto shall bemade in writing or by FAX. The bid security provided under clause-13 shall alsobe suitably extended. A bidder may refuse the request without <strong>for</strong>feiting its bidsecurity. A bidder granting the request will not be required nor permitted tomodify its bid.15.0 Format <strong>and</strong> signing of bid15.1 The original bid shall be typed or written in indelible ink <strong>and</strong> shall be signed bythe bidder or a person or person duly authorized to bind the bidder to contract.The later authorization shall be indicated by written power-of-attorneyaccompanying the bid. All pages of the bid, except <strong>for</strong> unamended printedliterature, shall be initialed by the person or persons signing the bid.15.2 The bid shall contain no interlineations, erasures or overwriting except asnecessary to correct errors made by the bidder, in which case correction shall beinitialed by the person or persons signing the bid.IKIWLSignature of Bidder


-10-D. Submission of bid16.0 Sealing <strong>and</strong> marking of bids16.1 The bidders shall seal all the bidding <strong>document</strong>s in the following manner.a) Original bidding <strong>document</strong> along with all relevant <strong>document</strong>s & drawing in oneenvelop super scribing the same on it.b) Price- Bid (page-54-58) in one envelope super scribing on it.c) Technical- Bid (page 46-53, Annexure 1-5) in one envelope super scribing on it<strong>and</strong> finally all in one envelope.16.2 The envelope shall:(a) Be addressed to the IKIWL as the following address:IDCOL Kalinga Iron Works Ltd., Matkambeda-758036. Dt. Keonjhar.(b) Bear the Tender Reference No. Name of work &Date of opening.© Indicate the name <strong>and</strong> address of the bidder.16.3 If the outer envelope is not sealed <strong>and</strong> marked as required by Para. 16.2, TheIKIWL will assume no responsibility <strong>for</strong> the bid’s misplacement or prematureopening. A bid opened prematurely <strong>for</strong> this cause will be rejected by the IKIWL.16.4 The bidders shall submit the “Eligibility <strong>and</strong> post-qualification application” alongwith the bid.17.0 Deadline <strong>for</strong> submission of bids17.1 Bid must be received by the IKIWL at the address specified in coverpage/ <strong>tender</strong> notice not later than the date <strong>and</strong> time specified <strong>for</strong> receiptof the bids as indicated in cover page/ <strong>tender</strong> notice.17.2 The IKIWL may, at its discretion, extended this deadline <strong>for</strong> thesubmission of bids by amending the bidding <strong>document</strong>s in accordancewith Para 7, above in which case all rights <strong>and</strong> obligations of the IKIWL<strong>and</strong> bidders previously subject to the deadline will thereafter be subjectto the deadline as extended.18. Late bidsBids received after the deadline <strong>for</strong> submission of bids will be rejectedor returned unopened to the bidder. IKIWL shall not bear anyresponsibility <strong>for</strong> late delivery of bids submitted by post.19. Modification <strong>and</strong> withdrawal of bids19.1 The bidder may modify or withdraw its bid after the bid’s submission,provided that written notice of the modification or withdrawal isreceived by the IKIWL prior to the deadline prescribed <strong>for</strong> submissionof bids.IKIWLSignature of Bidder


-11-19.2 The bidder’s modification or withdrawal notice shall be prepared, sealedmarked <strong>and</strong> submitted in accordance with the provisions of Para 16. Awithdrawal notice may also be sent by FAX but followed by a signedconfirmation copy, post marked not later than the deadline <strong>for</strong>submission of bids.19.3 No bid may be withdrawn in the interval between the deadline <strong>for</strong>submission of bids <strong>and</strong> the expiration of the period of bid validity.Withdrawal of a bid during this interval shall result in the bidder’s<strong>for</strong>feiture of its bid security.E. BID OPENING AND EVALUATION20.0 Opening of Bids by IKIWL.20.1 The IKIWL will open bids, in the presence of bidders’ representatives whochoose to attend, at the time <strong>and</strong> date specified in the <strong>tender</strong> notice, at the officeof the DIREDTOR(WORKS), IDCOL Kalinga Iron Works Ltd. Matkambeda-758036. The Bidders representatives who are present shall sign attendance sheetevidencing their presence during the bid opening.20.2 The Bidders’ name, bid prices, modifications, bid withdrawals <strong>and</strong> the presenceor absence of the requisite bid security <strong>and</strong> such other details as the IKIWL atits direction, may consider appropriate will be announced at the opening.21.0 Clarification of bids21.1 To assist in the examination, evaluation <strong>and</strong> comparison of bids the IKIWLmay, at its discretion ask the Bidders <strong>for</strong> a clarification of its bid. The request<strong>for</strong> clarification <strong>and</strong> response shall be in writing.22.0 Preliminary Examination22.1 The IKIWL will examine the bids to determine whether they are complete,whether any computational errors have been made, whether required sureties havebeen furnished, whether the <strong>document</strong>s have been properly signed, <strong>and</strong> whetherthe bids are generally in order.22.2 Arithmetical errors will be rectified on the following basis. If there is adiscrepancy between the unit price <strong>and</strong> total price that is obtained by multiplyingthe unit price <strong>and</strong> quantity, the unit price shall prevail. If there is discrepancybetween words <strong>and</strong> figures the amount in word will prevail. The total price shallbe corrected accordingly. If the bidder does not accept the correction of the errorsits bid will be rejected.22.3 Prior to the detailed evaluation, pursuant to Para 23, the IKIWL will determinethe substantial responsive of the bid to the bidding <strong>document</strong>s. For purpose ofthese clauses, a substantially responsive bid is one, which con<strong>for</strong>ms to all theterms <strong>and</strong> conditions of the bidding <strong>document</strong>s without material deviations. TheIKIWL determination of a bid’s responsiveness is to be based on the contents ofthe bid itself.IKIWLSignature of Bidder


-12-22.4 A bid determined as not substantially responsive will be rejected by the IKIWL.22.5 The IKIWL may waive any minor in<strong>for</strong>mality or non-con<strong>for</strong>mity or irregularity ina bid, which does not constitute a material deviation; provided such waiver, doesnot prejudice or affect the relative ranking of the Bidder.23.0 Evaluation <strong>and</strong> Comparison of Bids23.1 The IKIWL will evaluate <strong>and</strong> compare the bids previously determined to besubstantially responsive, pursuant to Para 22. However, bidders are allowed theoption to offer discounts. The discounts will be taken into account in theevaluation of bids so as to determine the bid offering the lowest evaluated cost <strong>for</strong>the IKIWL in deciding award.23.2 The comparison shall be on FOR site basis, (such price to include all costs as wellas duties <strong>and</strong> taxes paid or payable on components <strong>and</strong> raw material incorporatedor to be incorporated in the goods <strong>and</strong> excise duty payable on finished goodsoffered) as well as on the cost of <strong>installation</strong>, <strong>testing</strong>, <strong>commissioning</strong> &per<strong>for</strong>ming 30 days trial run.23.3 The IKIWL evaluation of a bid will take into account, in addition to the bid price<strong>and</strong> the cost of services including <strong>installation</strong>, <strong>testing</strong>, <strong>commissioning</strong>,per<strong>for</strong>mance trial run & h<strong>and</strong>ing over, the following factors.a) Cost of inl<strong>and</strong> transportation, insurance <strong>and</strong> other costs incidental to thedelivery of the goods to their final destination including excise duty.b) Delivery schedule offered in the bid;c) The cost of components, spare parts <strong>and</strong> services;The availability in India of spare parts <strong>and</strong> after sales services <strong>for</strong> theequipment offered in the bid;d) Deviation in payment schedule from that specified in the special conditions ofcontract;e) The quality <strong>and</strong> adaptability of the equipment offered.24.0 Contacting the IKIWL24.1 No Bidder shall contact the IKIWL on any matter relating to its bid, from thetime of bid, from the time of the bid opening to the time the contract is awarded,unless invited by the IKIWL <strong>for</strong> discussion/clarifications.24.2 Any ef<strong>for</strong>t by a bidder to influence the IKIWL in the IKIWL’S bid evaluation,bid comparison or contract award decisions shall result in the rejection of theBidder’s bid.F AWARD OF CONTRACT25.0 Post-qualification25.1 In the absence of pre-qualification, the IKIWL will determine to its satisfactionwhether the bidder selected as having submitted the lowest evaluated responsivebid is qualified to satisfactorily per<strong>for</strong>m the contract.IKIWLSignature of Bidder


-13-25.2 The determination will take into account the Bidder’s financial, technical <strong>and</strong>production capabilities. It will be based upon an examination of the<strong>document</strong>ary evidence of the bidder’s qualifications submitted by the bidder, aswell as such other in<strong>for</strong>mation as the IKIWL deems necessary <strong>and</strong> appropriateincluding details of experience <strong>and</strong> records of past per<strong>for</strong>mance. The IKIWLmay also inspect the works of the bidder to satisfy itself regarding the capabilityof bidder.25.3 An affirmative determination will be a requisite <strong>for</strong> award of the contract to theBidder. A negative determination will result in rejection of the Bidder’s bid, inwhich event; the IKIWL will proceed to the next lowest evaluated bid to make asimilar determination of that Bidder’s capabilities to per<strong>for</strong>m satisfactorily.26.0 AWARD CRITERIAThe IKIWL will consider award of contract to the successful bidder whose bidhave been determined to be substantially responsive <strong>and</strong> have been as the lowestevaluated bid, pursuant to Para 23 <strong>and</strong> 25 & who is determined to be qualifiedto satisfactorily per<strong>for</strong>m the contract.27.0 IKIWL’S RIGHT TO VARY QUANTITIES AT TIME OF AWARD.The IKIWL reserves the right at the time of award or per<strong>for</strong>mance of thecontract, to increase or decrease by up to 15% the quantity of goods <strong>and</strong>services specified in the schedule of the requirements without any change inunit price or other terms <strong>and</strong> conditions.28.0 IKIWL’S Right to Accept any Bid <strong>and</strong> to reject any or All Bids.The IKIWL reserves the right to accept or reject any bid, <strong>and</strong> to annual thebidding process <strong>and</strong> reject all bids at any time prior to award of contract,without thereby incurring any liability to the effected bidder or bidders or anyobligation to in<strong>for</strong>m the affected bidder or bidder of the grounds <strong>for</strong> theIKIWL’S action.29.0 Notification of Award29.1 Within the period of bid validity, the IKIWL will notify the successful bidder inwriting by registered letter or by fax, (to be confirmed in writing by registeredletter) that its bid has been accepted.29.2 The notification of award will constitute the <strong>for</strong>mation of the contract.29.3 Upon the successful bidder’s furnishing of per<strong>for</strong>mance security, the IKIWLwill promptly notify each unsuccessful bidder <strong>and</strong> will discharge its bidsecurity.IKIWLSignature of Bidder


-14-30.0 Signing of AgreementWithin 15 days of receipt of the notification of award, the successful biddershall prepare & sign the agreement, in the <strong>for</strong>mat provided in this bidding<strong>document</strong>, <strong>and</strong> send the same to the IKIWL along with a duplicate copy. Theoriginal contract <strong>for</strong>m shall be retained by the IKIWL, & a duplicate copy of thesame shall be sent to the contractor, after it has been signed <strong>and</strong> dated.31.0 Per<strong>for</strong>mance Security31.1 Within 15 days of receipt of the notification of awarded from the IKIWL thesuccessful bidder shall furnish the per<strong>for</strong>mance security deposit in accordancewith clause 6 of the general conditions of contract, either in the <strong>for</strong>m of Bankguarantee valid <strong>for</strong> 15 months from the expected date of completion of contract(as per the per<strong>for</strong>mance security <strong>for</strong>m provided in the bidding <strong>document</strong>) or inthe <strong>for</strong>m of dem<strong>and</strong> draft of required value in favour of IKIWL payable atBarbil.31.2 Failure of successful bidder to comply with the requirement of Para 30 or Parashall constitute sufficient grounds <strong>for</strong> the annulment of the award <strong>and</strong> <strong>for</strong>feitureof the bid security, in which event of the IKIWL may make the award to thenext lowest evaluated bidder or call <strong>for</strong> new bids.32.0 IMPORT LICENCENo import license shall be provided by the IKIWL <strong>for</strong> goods offered against thisbid.IKIWLSignature of Bidder


-15-SECTION III.GENERAL CONDITIONS OF CONTRACT1. Definition1.1 In this contract, the following terms shall be interpreted as indicated.(a)(b)“The contract” means the agreement entered into between the IKIWL <strong>and</strong> thecontractor, as recorded in the contract <strong>for</strong>m signed by the parties including thenotification of award, all attachments <strong>and</strong> appendices thereto <strong>and</strong> all <strong>document</strong>sincorporated by reference therein;“The contract price” means the price payable to the contractor under the contract<strong>for</strong> the full <strong>and</strong> proper per<strong>for</strong>mance of its contractual obligation;© “The goods means all of the equipment, machinery, <strong>and</strong>/or other materialswhich the contractor is required to <strong>supply</strong> to the IKIWL under the contract;(d)(e)“Services” means services ancillary to the <strong>supply</strong> of the goods, such astransportation <strong>and</strong> insurance, <strong>and</strong> any other incidental services, such as<strong>installation</strong>, <strong>testing</strong>, <strong>commissioning</strong>, per<strong>for</strong>mance trial run <strong>for</strong> 30 days,provision <strong>for</strong> technical assistance, training <strong>and</strong> other such obligations of thecontractor covered under the contract.“The IKIWL” means the organization purchasing the goods <strong>and</strong> services underthe contract i.e. IDCOL Kalinga Iron Works Ltd. Matkambeda.(f) “The contractor” means the individual(s) or firm(s) <strong>supply</strong>ing the goods underthis contract i.e. with which an agreement has been signed by the IKIWL <strong>for</strong><strong>supply</strong> of goods & services required elsewhere in this <strong>document</strong>.2. APPLICATIONThese general conditions shall apply to the extent that they are not supersededby provisions in other parts of the contract.3. STANDARDSThe goods supplied under this contract shall con<strong>for</strong>m to the st<strong>and</strong>ardsmentioned in the technical specifications, <strong>and</strong>, when no applicable st<strong>and</strong>ard ismentioned, to the Indian st<strong>and</strong>ards.Wherever reference is made in the contract to the respective st<strong>and</strong>ards <strong>and</strong>codes in accordance with which goods <strong>and</strong> materials are to be furnished, <strong>and</strong>work is to be per<strong>for</strong>med or tested, the provisions of the latest current edition orrevision of the relevant st<strong>and</strong>ards <strong>and</strong> codes in effect on the date of signing ofagreement shall apply, unless otherwise expressly set <strong>for</strong>th in the contract.IKIWLSignature of Bidder


4. Use of Contract <strong>and</strong> in<strong>for</strong>mation-16-4.1 The contractor shall not, without the IKIWL prior written consent, disclose thecontract, or any provision thereof, or any specification, plan, drawing, pattern,sample or in<strong>for</strong>mation furnished by or on behalf of the IKIWL in connectiontherewith, to any person other than a person employed by the contractor in theper<strong>for</strong>mance of the contract. Disclosure to any such employed person shall bemade in confidence <strong>and</strong> shall extend only so far as may be necessary <strong>for</strong>purpose of such per<strong>for</strong>mance.4.2 The contractor shall not, without the IKIWL’S prior written consent, make useof any <strong>document</strong> or in<strong>for</strong>mation enumerated in Para.4.1 except <strong>for</strong> purpose ofper<strong>for</strong>ming the contract.4.3 Any <strong>document</strong>, other than the contract itself, enumerated in Para 4.1 shallremain the property of the IKIWL <strong>and</strong> shall be returned (in all copies) to theIKIWL on completion of the contractor’s per<strong>for</strong>mance under the contract if sorequired by the IKIWL.5. PATENT RIGHTSThe contractor shall indemnify the IKIWL against all third-party claims ofinfringement of patent, trademark or industrial design rights arising from use ofthe goods/services or any part thereof in India.6.0 PERFORMANCE SECURITY6.1 Within 15 days of contractor’s receipt of notification of award of the contract,the contractor shall furnish per<strong>for</strong>mance security to the IKIWL in the<strong>document</strong> of 5% of the contract value, in accordance to clause 31 of theinstruction to bidders.6.2 The proceeds of the per<strong>for</strong>mance security shall be payable to the IKIWL ascompensation <strong>for</strong> any loss resulting from the contractor’s failure to complete itsobligations under the contract.6.3 The per<strong>for</strong>mance security shall be denominated in Indian rupees <strong>and</strong> shall be inthe following <strong>for</strong>ms:a) A Bank guarantee, issued by a Nationalized Bank in India, <strong>and</strong> in the <strong>for</strong>mprovided in the bidding <strong>document</strong>s.b) Dem<strong>and</strong> draft in favour of “IKIWL, Matkambeda” payable at Barbil.Such Bank guarantee shall be valid up to 6 months after the expiry of thewarranty/guarantee period.IKIWLSignature of Bidder


-17-6.4 The per<strong>for</strong>mance security will be discharged by the IKIWL <strong>and</strong> returned to thecontractor not later than 90 days following the date of completion of thecontractor’s per<strong>for</strong>mance obligations, including any warranty/guaranteeobligations, under the contract.6.5 No interest shall be paid on the per<strong>for</strong>mance security deposit by the IKIWL.7. Inspection <strong>and</strong> Tests7.1 The IKIWL or its representative shall have the right to inspect <strong>and</strong>/or test thegoods to confirm their con<strong>for</strong>mity to the contract. The Technical Specificationshall specify what inspection <strong>and</strong> tests the IKIWL shall notify the contractor inwriting of the identity of any representatives, if retained <strong>for</strong> these purpose.7.2 The inspection of the goods shall be carried out to the check whether the goodsare in con<strong>for</strong>mity with the technical specifications <strong>and</strong> shall be in line with theinspection/test procedures laid down in the schedule of specifications <strong>and</strong> thecontract conditions.7.3 The inspections <strong>and</strong> tests may be conducted on the premises of the contractor orits subcontractor(s)/at point of delivery <strong>and</strong>/or at the good’s final destination.Where conducted on the premises of the contractor or its subcontractor(s)/ allreasonable facilities <strong>and</strong> assistance including access to drawing <strong>and</strong> productiondata, shall be furnished to the inspector at no charge to the IKIWL. In case ofany defect or deficiency notified by the IKIWL inspection authority, thecontractor will rectify <strong>and</strong> make good the same without delay <strong>and</strong> not proceedfurther processing of such items(s) of goods without obtaining approval fromthe inspection authority.7.4 Should any inspected or tested goods fail to con<strong>for</strong>m to the specifications/theIKIWL may reject them <strong>and</strong> the contractor shall either replace the rejectedgoods or make all alterations necessary to meet specification requirements freeof cost to the IKIWL.7.5 The IKIWL right to inspect, test <strong>and</strong>, where necessary, reject the goods after thegoods’ arrival at destination shall in no way be limited or waived by reason ofthe goods having previously been inspected, tested <strong>and</strong> passed by the IKIWL orits representative.7.6 Nothing in clause 7 shall in any way release the contractor from any warranty orother obligations under this contract.8. Packing <strong>and</strong> Marking8.1 The contractor shall provide such packing of the goods as is required to preventtheir damage or deterioration during transit to their final destination as indicatedin the contract. The packing shall be sufficient to withst<strong>and</strong>, without limitation,rough h<strong>and</strong>ing during transit <strong>and</strong> exposure to temperature, salt <strong>and</strong> precipitationduring transit <strong>and</strong> open storage. Packing case size <strong>and</strong> weights shall take intoconsideration, where appropriate, the remoteness of the goods’ final destination<strong>and</strong> absence of heavy h<strong>and</strong>ling facilities at all points in transit & destination.IKIWLSignature of bidder.


-18-8.2 The packing, marking <strong>and</strong> <strong>document</strong>s within <strong>and</strong> outside the packages shallcomply strictly with such special requirements as shall be expressly provided<strong>for</strong> in the contract, required by law, <strong>and</strong> subject to clause 18, in any subsequentinstructions ordered by the IKIWL.8.3 Each package shall be marked to indicate:a) Name of the contractorb) Details of items in the packagec) Name of the consigneed) Order numbere) Gross/net <strong>and</strong> tare weights of the itemf) Destination9. Delivery <strong>and</strong> <strong>document</strong>s9.1 Delivery of the goods shall be made by the contractor <strong>for</strong> destination, by Road.9.2 The following <strong>document</strong>s shall be provided by the contractor/supplier:Original three copies of :i. The contractor’s invoice showing order no. goods description, quantity, unitprice, total amount;ii. Delivery note/packing list/lorry receipt;iii. Manufacturer’s/contractor’s guarantee certificate;iv. Inspection certificate issued by the nominated inspection agency, <strong>and</strong> thecontractor’s factory inspection report;v. Insurance policy;vi. Excise gate pass/octroi receipts, wherever applicable, duly sealed indicatingpayments made; <strong>and</strong>vii. Any other <strong>document</strong> evidencing payment of statutory levies.Note: The nomenclature used <strong>for</strong> the item description in the invoice/s, packinglist/s <strong>and</strong> delivery note/s etc. should be identical to that used in the order. Thedispatch particulars including name of transporter, LR no. <strong>and</strong> date should alsobe mentioned in the invoice/s.10. Insurance :10.1 For Supply of equipments :The manufacturer shall have to arrange all transit risk insurance warehouse towarehouse basis, including strike clauses, <strong>for</strong> an amount equal to 110% of theFOR destination value of the goods, valid <strong>for</strong> a period of not less than 3 monthsafter the expected date of arrival of goods at destination.In the event of any damage to/loss of consignment in transit, it will be yourresponsibility to lodge necessary claims with the carriers/underwriters <strong>and</strong>pursue them till settlement. Since the insurance policy will be in our name, ifrequired we shall give you necessary authorization letter authorizing you tolodge <strong>and</strong> pursue claims on our behalf with the carriers/underwriters. Also youIKIWLSignature of Bidder


-19-shall have to make good the losses/damages occurred in transit by makingreplacement/payment to us in the instance <strong>and</strong> if the claims are settled by theunderwriters <strong>and</strong> any amounts are realized by us, the amounts thus realized insettlement of claims shall be reimbursed to you. In other words, the prima facieresponsibility rests on you <strong>for</strong> getting compensation of the damage/lossesincurred if any, due to all transit hazards.10.2 During shortage at site:The contractor shall arrange <strong>for</strong> insurance of all items stored/received at the siteincluding the items of <strong>supply</strong> covered under this contract & the contractor shallfurnish necessary details of such insurance to the IKIWL, on dem<strong>and</strong>. Anydefault on the part of the contractor due to which any item does not get coveredunder insurance; the consequential losses shall be arranged to the contractor.The contractor shall arrange <strong>for</strong> insurance of all the itemsbrought by him to site <strong>for</strong> use during the execution of the contract, till h<strong>and</strong>ingover of the complete job.11. TransportationThe contractor is required to deliver the goods FOR Destination, by road.Transport of the goods to the destination shall be arranged through a reputed<strong>and</strong> Bank approved transporter having local offices at destination <strong>and</strong> Barbil,<strong>and</strong> shall be paid <strong>for</strong> by the contractor.12. Incidental service12.1 The contractor is required to provide the following services:a) Per<strong>for</strong>mance of on-site assembly, <strong>installation</strong>, hooking-up to existing system,start-up, <strong>testing</strong>, <strong>commissioning</strong>, per<strong>for</strong>mance trial run <strong>for</strong> a period of 30days <strong>and</strong> h<strong>and</strong>ing over of the supplied goods;b) Furnishing of tools & tackles required <strong>for</strong> assembly <strong>and</strong> maintenance of thesupplied goods;c) Furnishing of a detailed operations <strong>and</strong> maintenance manual <strong>for</strong> eachappropriate unit of supplied goods;d) Operation, maintenance <strong>and</strong> repair of the supplied goods <strong>for</strong> period of 30days, provided that this service shall not relieve the contractor of anyWarranty obligations under this contract; <strong>and</strong>e) Conduct of training of the IKIWL personnel, on-site, in assembly, start-upoperation, maintenance <strong>and</strong> repair of the supplied goods, if required.IKIWLSignature of Bidder


-20-12.2 Prices charged by the contractor <strong>for</strong> the preceding incidental services are to beincluded in the price of the contract.13. Spare parts13.1 The contractor my be required to provide any or all of the following materials<strong>and</strong> notifications pertaining to spare parts manufactured or distributed by thecontractor.a) Such spare parts as the IKIWL may select to purchase from the contractor,provided that this selection shall not relieve the contractor of any warrantyobligation under the contract; <strong>and</strong>b) In the event of termination of production of the spare parts:i. Advance notification to the IKIWL of the pending termination, in sufficienttime to permit the IKIWL to procure its needed requirements; <strong>and</strong>ii. Following such termination, furnishing at no cost to the IKIWL, the blueprints, drawings <strong>and</strong> specifications of the spare parts, if <strong>and</strong> when requested.13.2 Contractor shall carry sufficient inventories to assure ex-stock <strong>supply</strong> ofconsumable spares such as gaskets, plugs, washers, bolts, etc. other spare parts <strong>and</strong>components shall be supplied as promptly as possible but in any case within sixmonths of placement of order.13.3 The obligation of contractor stated in Para 13.1 shall continue even after expiryof the contract.14. Warranty/Guarantee14.1 The contractor warrants that the goods supplied under the contract are new,unused, of the most recent or current models <strong>and</strong> incorporate all recentimprovements in design <strong>and</strong> materials unless provided otherwise in contract.The contractor further warrants that the goods supplied under this contract shallhave no defect arising from design, material of workmanship or from any act ormission of the contractor that may develop under normal use of the suppliedgoods in the conditions. The contractor also guarantees that the goods suppliedshall per<strong>for</strong>m satisfactorily as per the designed/rated/installed capacity asprovided <strong>for</strong> in the contract.14.2 This warranty/guarantee shall remain valid <strong>for</strong> 12 months after the goods, orany portion thereof as the case may be, have been delivered, commissioned &h<strong>and</strong>ed over to the IKIWL after the per<strong>for</strong>mance of 30 days trial run period.14.3 The IKIWL shall promptly notify the contractor in writing of any claims arisingunder this warranty.14.4 Upon receipt of such notice, the contractor shall, with all reasonable speed,repair or replace the defective goods or parts thereof, without costs to theIKIWL.14.5 If the contractor, having been notified, fails to remedy the defects(s) within aperiod of 30 days, the IKIWL may proceed to take such Remedial action as mayIKIWLSignature of Bidder


-21-be necessary, at the contractor’s risk <strong>and</strong> expense <strong>and</strong> without prejudice to anyother rights which the IKIWL may have against the contractor under thecontract .14.6 This warranty/guarantee shall not cover any damage/s resulting from normalwear <strong>and</strong> tear or improper h<strong>and</strong>ing by the IKIWL or the authorizedrepresentatives.15. Terms of Payment80% of the total order value shall be paid against receipt <strong>and</strong> acceptance ofmaterials at site. 10% of total order value & 100% <strong>commissioning</strong> charges shallbe paid against successful <strong>commissioning</strong> <strong>and</strong> stamping & verification at oursite. Balance 10% shall be released against submission of equal amount of Bankguarantee valid up to completion of guarantee period.16. Fixed pricesPrice charged by the contractor <strong>for</strong> goods delivered <strong>and</strong> services per<strong>for</strong>medunder the contract shall not; vary from the prices quoted by the contractor in itsbid.17. Change orders17.1 The IKIWL may, at any time by a written order given to the contractor,pursuant to clause 31, make changes within general scope of contract in any oneor more of the following:a) Drawing, designs or specifications, where goods to be furnished under thecontract are to be specifically manufactured <strong>for</strong> the IKIWL.b) The method of shipment of packing;c) The place of delivery; ord) The services to be provided by the contractor.17.2 If any such changes causes an increase or decrease in the cost of, or the timerequired <strong>for</strong>, the contractor’s per<strong>for</strong>mance of any part of the work under thecontract whether changed or not changed by the order, an equitable adjustmentshall be made in the contract price or delivery schedule, provided at such claimsby contractor are reasonable & to the satisfaction of the IKIWL. Any claims bythe contractor <strong>for</strong> adjustment under this clause must be asserted within30(thirty) days from the date of contactor’s receipt of the IKIWL change order.18. Contract AmendmentSubject to clause 17, no variation in or modification of the terms of the contractshall be made except by written amendment signed by the IKIWL.19. AssignmentThe contractor shall not assign, in whole or part, its obligation to per<strong>for</strong>m underthe contract, except with the IKIWL’S prior written consent.20. SubcontractsThe contractor shall notify the IKIWL in writing of all subcontracts awardedunder the contract if not already specified in his bid, such notification, in thisoriginal bid or later, shall not relieved the contractor from any liability orobligation under the contract.IKIWLSignature of Bidder


-22-21.0 Delays in the contractor’s per<strong>for</strong>mance21.1 Deliveries in the goods <strong>and</strong> per<strong>for</strong>mance of services shall be made by thecontractor in accordance with the time schedule specified by the IKIWL inSection-1 of the bidding <strong>document</strong>s.21.2 An unexcused delay by the contractor in per<strong>for</strong>mance of its delivery obligationsshall render the contractor liable to any or all of the following sections: -<strong>for</strong>feiture of its per<strong>for</strong>mance security, imposition of liquidated damages, <strong>and</strong>/ortermination of the contract <strong>for</strong> default.21.3 If any time during per<strong>for</strong>mance of the contract, the contractor or itssubcontractor(s) should encounter conditions impending timely delivery of thegoods <strong>and</strong> per<strong>for</strong>mance of services. The contractor shall promptly notified theIKIWL in writing of the fact of the delay, its likely duration <strong>and</strong> its cause(s). Assoon as practicable after receipt of contractor notice, the IKIWL evaluate thesituation <strong>and</strong> may at its discretion extend the contractor’s time <strong>for</strong> theper<strong>for</strong>mance, in which case the extension shall be notified to the contractor byamendment of the contract.22.0 Time <strong>for</strong> the completionSubject to any requirement in the contract as to completion of any section of theworks be<strong>for</strong>e completion of the whole, the whole of the works shall becompleted, within the time stated in section –I of the bidding <strong>document</strong>s or suchextended time as may be allowed under clause 23 hereof.23.0 Extension of Time of CompletionShould the amount of extra or additional work of any kind or any cause of delayreferred to in these conditions, or exceptional adverse climatic condition, orother special circumstances of any kind whatsoever which may occur, otherthan through a default of the contractor, be such as fairly to entitle thecontractor to an extension of time <strong>for</strong> the completion of the works. IKIWL shalldetermine the amount of such extension <strong>and</strong> shall notify the contractoraccordingly. Provided that the IKIWL is not bound to take in account any extraor additional works or other special circumstances unless the contractor haswithin thirty days after such work has been commenced, or such circumstanceshave arisen, or as soon thereafter as is practicable, submitted to the authority ofIKIWL full <strong>and</strong> detailed particulars of any extension of time to which he mayconsider himself entitled in order that submission may be investigated at thetime.IKIWLSignature of Bidder.


-23-24.0 Penalty <strong>for</strong> Delay24.1 If the contractor shall fail to achieve completion of the works within thespecified time, then the contractor shall pay to the IKIWL the sum at the rate of0.5%(half percent) of the total value of work done under the contract, as apenalty, <strong>for</strong> every week or part of the week which shall elapse, between the timeprescribed & the date of certified completion of the work. The IKIWL maywithout prejudice to any other method of recovery, deduct the amount of suchpenalty from any payment in its h<strong>and</strong>s, due or which may become due to thecontractor. The payment or deduction of such penalty shall not relieve thecontractor from obligations to complete the works, or from any other of hisobligations <strong>and</strong> liabilities under the contract.24.2 The aggregate maximum of the penalty <strong>for</strong> delay payable to the IKIWL underthis clause shall be subject to a maximum of 5% of the total value of work.24.3 The criteria <strong>for</strong> deriving the penalty <strong>for</strong> delay shall be the actual value of worksexecuted <strong>and</strong> the amended time of completion.24.4 Any incremental taxes <strong>and</strong> levies due to the delay in the per<strong>for</strong>mance of thecontract by the contractor shall be to the contractor’s account.25. Termination <strong>for</strong> default25.1 The IKIWL may, without prejudice to any other remedy <strong>for</strong> breach of contract,by written notice of default sent to the contractor, terminate the contract inwhole or in part,(a) If the contractor fails to delivery an or all the goods within the time period(s)specified in the contract, or any extension thereof granted by the IKIWLpursuant to clause 17,21 & 22;Or(b) If the contractor fails to per<strong>for</strong>m any other obligation(s) under the contract.25.2 In the event the IKIWL terminates the contract in whole or in part, pursuant toPara. 25.1, the IKIWL may procure, upon such terms <strong>and</strong> in such manner, as itdeems appropriate, goods similar to those undelivered, <strong>and</strong> the contractor shallbe liable to the IKIWL <strong>for</strong> any excess costs <strong>for</strong> such similar goods. However,the contractor shall continue per<strong>for</strong>mance of the contract to the extent notterminated.25.3 Consequent to such termination of contract, the IKIWL shall recover theadvance paid, if any, to the contractor along with interest @ 18% per annum.26. Force Majeure26.1 Not withst<strong>and</strong>ing the provisions of clauses hereof, the contractor shall not beliable <strong>for</strong> <strong>for</strong>feiture of its per<strong>for</strong>mance security, liquidated damages ortermination <strong>for</strong> default, if <strong>and</strong> to the extend that, its delay in per<strong>for</strong>mance or thefailure to per<strong>for</strong>m its obligation under the contract is the result of an event of<strong>for</strong>ce majeure.IKIWLSignature of Bidder


-24-26.2 For purposes of this clause, “<strong>for</strong>ce Majeure” means an event beyond the controlof contractor <strong>and</strong> not involving the contractor’ fault or negligence <strong>and</strong> not<strong>for</strong>eseeable. Such events may include, but are not restricted to, act of the IKIWLeither in the sovereign or contractual capacity, wars or revolutions fires, floods,epidemics, quarantine restrictions <strong>and</strong> freight embargoes.26.3 If a <strong>for</strong>ce majeure situation arises, the contractor shall notify the IKIWL inwriting of such condition, <strong>and</strong> the cause thereof, within 7 days. Unlessotherwise directed by the IKIWL in writing, the contractor shall continue toper<strong>for</strong>m its obligations under the contract as far as reasonable practical, <strong>and</strong>shall seek all reasonable alternative means <strong>for</strong> per<strong>for</strong>mance not prevented by the<strong>for</strong>ce of majeur event.27.0 Termination <strong>for</strong> insolvencyThe IKIWL may at any time terminate the contract by giving written notice tothe contractor, if:a) The contractor becomes bankrupt or otherwise insolvent,b) The contractor being a company is wound up voluntarily by the order of a courtreceiver, liquidator or manager appointed on behalf of the debenture holders orcircumstances shall have arisen which entitle the court or debenture holders toappoint a receiver, liquidator or a manager.Provided that such termination will not prejudice or effect any right of action orremedy which has accrued or will accrue thereafter to the IKIWL.28.0 Termination <strong>for</strong> Convenience28.1 The IKIWL may by written notice sent to the contractor, terminate thecontractor, in whole or in part, at any time <strong>for</strong> its convenience. The notice oftermination shall specify that termination is of the IKIWL convenience, theextent to which per<strong>for</strong>mance of work under the contract is terminated, <strong>and</strong> thedate upon which such termination becomes effective.28.2 The goods that are complete <strong>and</strong> ready <strong>for</strong> shipment within 30 days after thecontractor’s receipt of notice of termination shall be purchased by the IKIWL atthe contract terms <strong>and</strong> prices. For remaining goods, the IKIWL may select:a) To have any portion completed <strong>and</strong> delivered at the contract terms <strong>and</strong> prices;<strong>and</strong>/orb) To cancel the remainder <strong>and</strong> pay to the contractor an agreed amount <strong>for</strong>partially completed goods <strong>and</strong> <strong>for</strong> material <strong>and</strong> parts previously procured by thecontractor.IKIWLSignature of Bidder


-25-29.0 Settlement of Dispute29.1 If the contractor considers any work dem<strong>and</strong>ed of him to be outside therequirements of the contract, or considers any drawings, record or ruling of theengineer on any matter in connection with or arising out of the contract or thecarrying out of the work to be unacceptable, he shall promptly ask the authorityof IKIWL in written instruction or decision within a period of 15 days of suchrequest.29.2 Upon the receipt of the written instructions or decisions the contractor shallpromptly proceed without delay to comply with such instructions or decisions.29.3 If the authority of IKIWL fails to give his instructions or decisions in writingwithin a period of 15 days after being requested, or if the contractor isdissatisfied with the instructions <strong>and</strong> decisions, he shall appeal to the IKIWL,which shall af<strong>for</strong>d an opportunity to the contractor to be heard <strong>and</strong> to offerevidence in support of his appeal. The IKIWL shall give a decision within aperiod of 30 days after the contractor has given the said evidence in support ofhis appeal.29.4 If the contractor is dissatisfied with his decision, the contractor within a periodof 30 days from the receipt of decisions shall indicate his intension to refer thedispute to arbitration, failing which the said decision shall be final <strong>and</strong>conclusive.30.0 ArbitrationAll dispute of differences in respect of which the decision is not final <strong>and</strong>conclusive shall, on the initiative of either party, be referred <strong>for</strong> adjudication asper the Arbitration And Conciliation Act 1996.31.0 Applicable lawThe contract shall be interpreted in accordance with the laws of the union ofIndia.32. Notices32.1 Any notice given by one party to the other pursuant to the contract shall be sentin writing or by telegram/ fax/ <strong>and</strong> confirmed in writing to the address specified<strong>for</strong> the purpose in the special conditions of contract.32.2 A notice shall be effective when delivered or on the notice’s effective date,whichever is later.33.0 Taxes <strong>and</strong> DutiesThe contractor shall be entirely responsible <strong>for</strong> all taxes, duties, license fees etc.incurred until h<strong>and</strong>ing over of the contractor goods <strong>and</strong> services to the IKIWL.IKIWLSignature of Bidder


-26-All Government fees paid <strong>for</strong> inspections <strong>and</strong> approvals by statutory authoritiesshall be reimbursed by the IKIWL on production of copy of treasury challan <strong>for</strong>same. Services charges <strong>for</strong> depositing the Govt. fees or submission of requisite<strong>for</strong>ms with the statutory authorities shall be not being admissible.34.0 Right of use defective equipmentIf after h<strong>and</strong>ing over the equipments <strong>and</strong> within the guarantee <strong>and</strong> warrantyperiod, the operation or use of the equipment(s) proves to be unsatisfactory, theIKIWL shall have the right to continue to operate or use such equipment.Until rectification of defect errors or omissions by repair or partial or completereplacement is made, without interfering with the IKIWL operation.35.0 JurisdictionFor the settlement of any dispute arising out of the contract against this bid,only the courts of Barbil shall have jurisdiction.IKIWLSignature of Bidder


-27-SECTION-IVSPECIAL CONDITIONS OF CONTRACTERECTION AND COMMISSIONING1.0 Sufficiency of TenderThe contractor by bidding shall be deemed to have satisfied himself as to all theconditions <strong>and</strong> circumstances effecting the contract price, as to the possibility ofexecuting the work as shown as prescribed in the contract, as to the generalcircumstances at the site of the works, as to the general labour position at site,<strong>and</strong> to have determined the price accordingly.2.0 Programme of <strong>installation</strong> <strong>and</strong> <strong>commissioning</strong>Within 30 days of receipt of letter of acceptance of the bid, the contractor shallsubmit to the IKIWL <strong>for</strong> approval of comprehensive programme in the <strong>for</strong>m ofPERT Network/bar chart <strong>and</strong> any other <strong>for</strong>m as may be required by the IKIWLshowing the sequence of order in which the contractor proposes to carry out theworks including the design, manufacture, delivery to site, erection, hooking-up,<strong>commissioning</strong>, trial run & h<strong>and</strong>-over, thereof. After submission to <strong>and</strong>approval by the IKIWL of such programme, the contractor shall adhere to thesequence of order <strong>and</strong> method stated therein. The submission to <strong>and</strong> approval bythe IKIWL of such programme shall not relieve the contractor of any of hisduties or responsibilities under the contract. The programme approved by theIKIWL shall <strong>for</strong>m the basis of evaluating the pace of all works to be per<strong>for</strong>medby the contractor. The contractor shall update the PERT network every month,submit it to the IKIWL <strong>and</strong> shall in<strong>for</strong>m the IKIWL the progress on all theactivities failing on schedule <strong>for</strong> the next reporting date.3.0 Preparations of drawings <strong>for</strong> approvalThe contractor should visit the site to acquaint himself in respect of existing siteconditions <strong>and</strong> to know the details/in<strong>for</strong>mation required <strong>for</strong> underst<strong>and</strong>ing thenature <strong>and</strong> type of civil construction works involved in the project.The contractor shall submit to the IKIWL approval:a) Within the time given in the specification or in the programme, such drawing,samples, patterns, <strong>and</strong> models as may be called <strong>for</strong> therein, <strong>and</strong> in numberstherein required.b) During the progress of works <strong>and</strong> within such reasonable times as the IKIWLmay required such drawings of the general arrangement <strong>and</strong> detailed of theworks as the IKIWL may require.IKIWLSignature of Bidder


-28-The specifications/conditions concerning the submission of drawing by thecontractor are detailed as under:Within four weeks from the date of receipt of the order, contractor shall furnishall necessary drawings, in three sets, (as briefly described below) <strong>for</strong> approval,identifying each drawing by a serial number <strong>and</strong> descriptive title. The list givenbelow may be revised <strong>and</strong> extended if necessary, during the progress of workdepending on the nature of the contract also.The IKIWL shall signify his approval or disapproval of all drawings or suchdrawings that would affect progress of the contract as per agreed programmer.Brief list of drawings:i) Equipment drawings <strong>for</strong> fabricate items.ii) Electrical cable, conduit/cable lay out.iii) Other miscellaneous drawings as required <strong>for</strong> erection work.Drawing showing fabrication details, layouts <strong>and</strong> bill of materials submitted <strong>for</strong>approval shall be signed by responsible representative of contractor <strong>and</strong> shall beto any one of the following sizes in accordance with Indian st<strong>and</strong>ards: A0, A1,A2, A3, & A4.All drawings shall show the following particulars in the lower right h<strong>and</strong> cornerin addition to contractor’s name:i) Name of the IKIWLii) Project titleiii) Title of drawingiv) Scalev) Date of drawingvi) Drawing numbervii) Space <strong>for</strong> IKIWL drawing number.In addition to the in<strong>for</strong>mation provided on drawings, each drawing shall carry arevision number, date of revision <strong>and</strong> brief description of revision carried out.Whenever any revision is carried out, correspondingly revision number must beup-dated .All dimensions on drawings shall be in Metric Units.Drawings (three sets) submitted by the contractor <strong>for</strong> approval will be checked,reviewed by the IKIWL, <strong>and</strong> comments, if any, on the same will be conveyed tothe contractor. It is responsibility of the same contractor to incorporate correctlyall the comments conveyed by the IKIWL on the contractor’s drawing. Thedrawings, which are approved with comments, are to be resubmitted to theIKIWL <strong>for</strong> purpose of records. Such drawing will not be checked/ reviewedby the IKIWL to verify whether all the comments have incorporated by theIKIWLSignature of Bidder


-29-Contractor. If the contractor is unable to incorporate any comments in therevised drawings, contractor shall clearly state in his <strong>for</strong>warding letter such noncompliancealong with the valid reasons.Drawing prepared by the contractor <strong>and</strong> approved by the IKIWL shall beconsidered as a part of specification. However, the examination of the drawingof the drawing by the IKIWL shall not relieve the contractor of hisresponsibility <strong>for</strong> engineering design, workmanship, <strong>and</strong> quality of materials,warranty obligation <strong>and</strong> satisfactory per<strong>for</strong>mance of equipments, services &<strong>installation</strong> covered under the contract.If at any time be<strong>for</strong>e completion of the work, changes are made necessitatingrevision of approved drawings the contractor shall make such revisions, <strong>and</strong>proceed in the same routine as <strong>for</strong> the original approval.4.0 Operation <strong>and</strong> maintenance manual:The contractor shall furnish to the IKIWL be<strong>for</strong>e the works are taken over,operating <strong>and</strong> maintenance instruction together with drawing of the works arecompleted, in sufficient detail to enable the IKIWL to maintain, dismantle,reassemble <strong>and</strong> adjust all parts of the works, unless otherwise agreed, the workshall not be considered to be completed <strong>for</strong> the purposes of taking over untilsuch instruction <strong>and</strong> drawing have been supplied to the IKIWL.5.0 Contractor superintendence <strong>and</strong> development of erection team <strong>and</strong> conductof personnel:The contractor shall employ one or more competent representatives, whosename or names shall have previously been communicated in writing to theIKIWL by the contractor, to superintend the carrying out of the works on thesite. The said representative or if more than one shall be employed, then one ofsuch representatives shall be present on the site during all times, <strong>and</strong> any ordersor instructions which the IKIWL may give to the said representative of thecontractor shall be deemed to have given to the contractor.The said representative shall have full technical capacities <strong>and</strong> completeadministrative <strong>and</strong> financial power to expeditiously <strong>and</strong> efficiently execute thework under the contract.The contractor shall, execute the works with due care <strong>and</strong> diligence within thetime <strong>for</strong> completion <strong>and</strong> employ contractor’s team comprising qualified <strong>and</strong>experienced engineers together with adequate skilled, semi-skilled <strong>and</strong> unskilledworkmen in the site <strong>for</strong> carrying out the works. The contractor shall ensureadequate work <strong>for</strong>ce to keep the required pace at all times as per the schedule ofcompletion, the contractor shall also ensure availability of competent engineersduring <strong>commissioning</strong>/start up, trial runs, operation of the plant/equipment tillh<strong>and</strong>ing over of the plant.IKIWLSignature of Bidder


-30-The contractor shall furnish details of qualifications <strong>and</strong> experience of theirsenior supervisors <strong>and</strong> engineers assign to the work site, including theirexperience in supervising of erection <strong>and</strong> <strong>commissioning</strong> of plant <strong>and</strong>equipment of comparable capacity.When the contractor or his representative is not present on any part of the workwhere it may be desired to give directions in the event of emergencies, ordersmay be given by the IKIWL <strong>and</strong> shall be received <strong>and</strong> observed by thesupervisors or <strong>for</strong>eman who may have charge of the particular part of the workin reference to which orders are given. Any such instructions, direction ornotices given by the IKIWL shall be deemed to have been given to thecontractor.The contractor shall furnish to the IKIWL a <strong>for</strong>tnightly labour <strong>for</strong>ce reportshowing by the classifications the numbers of employee engaged in work. Thecontractors’ employment records shall include any reasonable in<strong>for</strong>mation asmay be required by the IKIWL. The contractor should also display necessaryin<strong>for</strong>mation as may be required by statutory regulations, <strong>and</strong> shall comply withall statutory obligations as required under the prevailing rules of the state &country.None of the contractor’s supervisors, engineers or labourers may be withdrawnfrom the work without notice to the IKIWL <strong>and</strong> further no such withdrawalsshall be made if in the opinion of the IKIWL, it will adversely affect therequired pace of progress <strong>and</strong>/or the successful completion of the work.The IKIWL shall be at liberty to object to any representative or person skilled,semi-skilled or unskilled worker employed by the contractor in execution of orotherwise about the works who shall in the opinion of the IKIWL, misconducthimself or be incompetent or negligent or unsuitable, <strong>and</strong> the contractor shallremove the person so objected to open receipt of notice in writing from theIKIWL <strong>and</strong> shall provide in that place a competent representative at contractor’sown expense within a reasonable time.In this execution of the works no persons other than the contractor, subcontractor<strong>and</strong> their employees shall be allowed on the site except by writtenpermission of IKIWL.6.0 IKIWL instructionsThe IKIWL may in his absolute direction, issue from time to time drawing <strong>and</strong>/or instructions, directions <strong>and</strong> clarifications which are collectively referred toas IKIWL’S instructions in regard to:Any additional drawing <strong>and</strong> clarifications to exhibit or illustrate details.Variation or modifications of the design, quality or quantity of work oradditions or omissions or substitution of any work.Any discrepancy in the drawings or between the schedule of quantities <strong>and</strong>/orspecifications.IKIWLSignature of Bidder


-31-Removal from the site of any material brought there by the contractor, whichare unacceptable to the IKIWL <strong>and</strong> the substitution of any other materialthereof, Removal <strong>and</strong>/or re-execution of any work erected by the contractor,which are unacceptable to the IKIWL.Dismissal from the work of any persons employed there upon who shall in theopinion of the IKIWL, misconduct himself, or be incompetent or negligent.Opening up <strong>for</strong> inspection of any work covered up.Amending <strong>and</strong> making good of any defects.7.0 Rights of the IKIWL7.1 Rights to direct works:The IKIWL shall have the right to direct the manner in which all works underthis contract shall be conducted, in so far as it may be necessary to secure thesafe <strong>and</strong> proper progress <strong>and</strong> specified quality of the works. All work shall bedone <strong>and</strong> all materials shall be furnished to the satisfaction <strong>and</strong> approval of theIKIWL.Whenever in the opinion of the IKWL, the contractor has made markeddepartures from the schedule of completion or when circumstances orrequirement <strong>for</strong>ce such a departure from the said schedule, the IKIWL, in orderto ensure compliance with the schedule, shall direct the order, pace <strong>and</strong> methodof conducting the work, which shall be adhered to by the contractor.If in the judgment of the IKIWL becomes necessary at any time to acceleratethe overall pace of the plant erection work, the contractor, when directed by theIKIWL, shall cease work at any particular point <strong>and</strong> transfer contractor’s nameto such other point or points <strong>and</strong> execute such works, as may be directed by theIKIWL <strong>and</strong> at the discretion of the IKIWL.7.2 Right to order modifications of methods <strong>and</strong> equipmentIf at any time the contractor’s methods, materials or equipment appear to theIKIWL to be unsafe, inefficient or inadequate <strong>for</strong> securing the safety ofworkmen or public, the quality of work or the rate of progress required, theIKIWL may direct the contractor to ensure safety, <strong>and</strong> increase their efficiency<strong>and</strong> adequacy <strong>and</strong> the contractor shall promptly comply with such directives. Ifat any time the contractor’s working <strong>for</strong>ce <strong>and</strong> equipment are inadequate in theopinion of the IKIWL, <strong>for</strong> securing the necessary progress as stipulated, thecontractor shall if so directed, increase the working <strong>for</strong>ce <strong>and</strong> equipment to suchan extent as to give reasonable assurance of compliance with the schedule ofcompletion. The absence of such dem<strong>and</strong>s from the IKIWL shall not relieve thecontractor of the contractor’s obligations to secure the quality, the safeconducting of the work <strong>and</strong> the rate of the progress required by the contract.The contractor alone shall be <strong>and</strong> remain liable <strong>and</strong> responsible <strong>for</strong> the safety,efficiency <strong>and</strong> adequacy of contractor’s methods, materials, working <strong>for</strong>ce <strong>and</strong>equipments, irrespective of whether or not the contractor makes any changes asa result of any order or orders received from the IKIWL.IKIWLSignature of Bidder


-32-7.3 Right to inspect the workThe IKIWL representative shall be given full assistance in the <strong>for</strong>m of thenecessary tools, instruments, equipment <strong>and</strong> qualified operations to facilitateinspection.The IKIWL reserves the right to call <strong>for</strong> the original test certificates <strong>for</strong> allmaterials used in the erection work.In the event of IKIWL’S inspection reveals poor quality of work/materials, theIKIWL shall be at liberty to specify additional inspection procedures if required,to ascertain Contractor’s compliance with the specifications of erection work.Even though inspection is carried out by the IKIWL or their representatives,such inspection shall not, however, relieve the contractor of any or allresponsibilities as per the contract, nor prejudice any claim, right or privilegewhich the IKIWL may have because of the use of defective or unsatisfactorymaterials or bad workmanship.8.0 Contractor’s functionsThe contractor shall provide everything necessary <strong>for</strong> proper execution of theworks, according to the drawings, schedule of quantities <strong>and</strong> specificationstaken together whether the same may or may not be particularly shown ordescribed therein, provided that the same can reasonably be inferred there from<strong>and</strong> if the contractor finds any discrepancy therein, he shall immediately referthe same to the IKIWL whose decision shall be final <strong>and</strong> biding on thecontractor.The contractor shall proceed with the work to be per<strong>for</strong>med under this contractin the best <strong>and</strong> workman like manner by engaging qualified <strong>and</strong> efficientworkers <strong>and</strong> finish the work in strict con<strong>for</strong>mance with the drawings <strong>and</strong>specifications <strong>and</strong> any changes/modifications thereof made by the IKIWL.The work shall be carried out as approved by the IKIWL or his authorizedrepresentative/s from time to time, keeping in view the overall schedule ofcompletion of the project. The Contractor’s job schedule must not disturb orinterfere with IKIWL’s or the other Contractor’s schedules of day-to-day work.The IKIWL will provide all reasonable assistance <strong>for</strong> carrying out the jobs.Night work will be permitted only with prior approval of the IKIWL. TheIKIWL may also direct the Contractor to operate extra shifts over <strong>and</strong> abovenormal day shift to ensure completion of contract as per schedule. Adequatelighting wherever required should be provided by the Contractor at no extracost. The Contractor should employ qualified electricians <strong>and</strong> wiremen <strong>for</strong> thesefacilities. In case of Contractor’s failure to provide these facilities <strong>and</strong>personnel, the IKIWL has the right to arrange such facilities <strong>and</strong> personnel <strong>and</strong>to change the cost thereof to the Contractor, on actual cost basis.IKIWLSignature of Bidder.


-33-8.1 Third Party InsuranceBe<strong>for</strong>e commencing the execution of the works the Contractor, but withoutlimiting his obligations <strong>and</strong> responsibilities, shall insure against his liability <strong>for</strong>any material or physical damage, loss or injury which may occur to anyproperty, including that of the IKIWL, or to any person, including anyemployee of the IKIWL or by arising out of the execution of works or in thecarrying out of the Contract.The Contractor shall produce to the Engineer/IKIWL the policy or policies ofinsurance <strong>and</strong> the receipts <strong>for</strong> payment of the current premiums, as <strong>and</strong> whenrequired.The terms shall include a provision whereby, in the event of any claim inrespect of which the Contractor would be entitled to receive indemnity underthe policy being brought or made against the IKIWL, the insurer will indemnifythe IKIWL against such claims <strong>and</strong> any costs, charges <strong>and</strong> expenses in respectthereof.Such insurance shall be <strong>for</strong> an amount not less than Rs.1,00,000/- peroccurrence, with the number of occurrences unlimited.8.2 Compensation <strong>for</strong> accidents or injuryThe IKIWL shall not be liable <strong>for</strong> or in respect of any damages or compensationpayable at law in respect or in consequence of any accident or injury to anyworkman or other person in the employment of the Contractor or any subcontractor,save <strong>and</strong> except an accident or injury resulting <strong>for</strong>m any act ordefault of the IKIWL, his agents, or servants. The Contractor shall indemnify<strong>and</strong> keep indemnified the IKIWL against all such damages <strong>and</strong> compensation,save <strong>and</strong> except as a<strong>for</strong>esaid <strong>and</strong> against all claims, proceedings, costs, charges<strong>and</strong> expenses whatsoever in respect thereof or in relation thereto.The Contractor shall insure against such liability with an insurer approved bythe IKIWL, which approval shall not be unreasonably withheld, <strong>and</strong> shallcontinue such insurance during the whole of the time that any persons areemployed by him on the works shall, on dem<strong>and</strong>, produce to the IKIWL orIKIWL’s representative such policy of insurance <strong>and</strong> the receipt <strong>for</strong> payment ofthe current premium. Provided always that, in respect of any persons employedby any sub-contractor, the contractor’s obligations to insure as a<strong>for</strong>esaid underthis sub-clause shall be satisfied if the sub-Contractor shall have insured againstthe liability in respect of such persons in such manner that the IKIWL isindemnified under the policy, but the Contractor shall require such sub-Contractor to produce the IKIWL or IKIWL’s representative, on dem<strong>and</strong>, suchpolicy of insurance <strong>and</strong> the receipt <strong>for</strong> the payment of the current premium.8.3 Duties of contractor Vis-à-vis other contractorWhenever proper execution of the work under the contract depends on the jobscarried out by some other Contractor, in such cases the Contractor shouldinspect all such erection <strong>and</strong> <strong>installation</strong> jobs <strong>and</strong> report to the IKIWL regardingIKIWLSignature of Bidder.


-34-any defects or discrepancies. The Contractor’s failure to do so shall constitute asacceptance of the other contractor’s <strong>installation</strong>/jobs as fit <strong>and</strong> proper <strong>for</strong>reception of contractor works.The contractor should also report any discrepancy between the executedwork <strong>and</strong> the drawings.The contractor also extend all necessary help/co-operation to othercontractor’s working at the site in the interest of the work.8.4 VARIATIONS8.4.1 The IKIWL shall make any variation of the <strong>for</strong>m, quality or quantity of theworks or any part thereof that may, in his opinion, be necessary <strong>and</strong> <strong>for</strong> thepurpose, or if <strong>for</strong> any other reason it shall, in his opinion be desirable, he shallhave power to order the contractor to do <strong>and</strong> the contractor shall do any of thefollowing:a) Increase or decrease the quantity of any work included in the contract.b) Omit any such work.c) Change the character or quality or kind of such any work.d) Change the levels, lines, position <strong>and</strong> dimensions of any part of the works, <strong>and</strong>e) Execute additional work of any kind necessary <strong>for</strong> the completion of the works.And no such variation shall in any way vitiate or invalidate the contract, but thevalue, if any, of all such variations shall be taken into account in ascertainingthe amount of the contract price.8.4.2 No such variations shall be made by the contractor without an order in writingof the IKIWL. Provided that no order in writing shall be required <strong>for</strong> increase ordecrease in the quality of any work where such increase or decrease is not resultof an order given under this clause, but is the result of the quantities exceedingor being less than those stated in the contract/bill of quantities. Provided alsothat if <strong>for</strong> any reason the IKIWL shall consider it desirable to given any suchorder verbally, the contract shall comply such order <strong>and</strong> any confirmation inwriting of such verbal order given by the IKIWL, whether be<strong>for</strong>e or after thecarrying out of the order, shall be deemed to be an order in writing within themeaning of this clause. Provided further that if the contractor shall within 7 dayconfirm in writing to the IKIWL <strong>and</strong> such con<strong>for</strong>mation shall not becontradicted in writing by the IKIWL within 14 days, it shall be deemed to bean order in writing by the IKIWL.8.4.3 All extra additional work done or work omitted by order of the IKIWL shall bevalued at the rates <strong>and</strong> price set out in the contract if in the opinion of theIKIWLSignature of Bidder


-35-IKIWL, the same shall be applicable. If the contract does not contain any rate orprices applicable to the extra or additional work then suitable rates or price shallbe agreed upon between the IKIWL shall fix such rates or price as shall, in hisopinion, be reasonable <strong>and</strong> proper.8.4.4 Provided that if the nature or amount of any omission or addition relative to thenature or amount of the whole of the works or to any part thereof shall be suchthat, in the opinion of the IKIWL, the rate or price contained in the contract <strong>for</strong>any items of the works is, by reason of such omission or addition, renderedunreasonable or inapplicable, then a suitable rate or price shall be agreed uponbetween the IKIWL <strong>and</strong> the contractor. In the event of disagreement IKIWLshall fix such other rate or price as shall, in his opinion be reasonable <strong>and</strong> properhaving regard to the circumstances.Provided also that no increase or decrease under sub-clause 8.4.1 of thisclause or variation of rate or price under sub-clause 8.4.2 of this clause shall bemade unless, as soon after the rate of the order as is practicable <strong>and</strong>, in case ofextra or additional work, be<strong>for</strong>e the commencement of the work or as soonthereafter as is practicable, notice shall have been given in writing:a) By the contractor to the IKIWL of his intention to claim extra payment or avaried rate or price.Orb) By the IKIWL the contractor of his intention to vary a rate or price.8.4.5 If on certified completion of the whole of the works, it shall be found that areduction or increase greater than 15% of the sum named in the Letter ofAcceptance result from the aggregate effect of all Variation Orders but not <strong>for</strong>any other cause, the amount of contract price shall be adjusted by such sum asmay be agreed between the contractor <strong>and</strong> the IKIWL or failing agreement,fixed by the IKIWL having the regard to all material <strong>and</strong> relevant factors,including the contractor’s site <strong>and</strong> general overhead costs of contract.8.4.6 The contractor shall send to the IKIWL’s representative once in every month anaccount given particulars, as full <strong>and</strong> detailed as possible, of all claims <strong>for</strong> anyadditional payment to which the contractor may consider himself entitled <strong>and</strong> ofall extra or additional work ordered by the IKIWL which he has executedduring the preceding month.No final or interim claim <strong>for</strong> payment <strong>for</strong> any such work or expense willConsidered which has not been included in such particulars. Provided alwaysthat the IKIWL shall be entitled to authorize payment to be made <strong>for</strong> any suchwork or expense, not withst<strong>and</strong>ing the contractor’s failure to comply with thiscondition, if the contractor has, at the earliest practicable opportunity, notifiedthe IKIWL in writing that he intends to make a claim <strong>for</strong> such work.Note : This clause shall not be applicable <strong>for</strong> complete turn-key jobs.IKIWLSignature of Bidder


-36-8.5 Duties of the Contractor Vis-à-vis the IKIWLThe equipment <strong>and</strong> the items, if any, to be supplied by IKIWL <strong>for</strong> erection,<strong>testing</strong> <strong>and</strong> <strong>commissioning</strong> by the contractor, shall be as listed in the contract.The contractor shall keep a cheque on deliveries of all such equipmentcovered in the scope of erection, <strong>testing</strong> <strong>and</strong> <strong>commissioning</strong> work <strong>and</strong> shalladvise the IKIWL well in advance regarding possible hold-up in contractor’swork due to likely delay in delivery of such equipment/components to enablehim to take remedial actions.8.6 Preparation of foundation surfaces etc. <strong>for</strong> erection of equipments :Contractor shall carry out final adjustments of foundations, leveling <strong>and</strong>dressing of foundation surfaces, bedding <strong>and</strong> grouting of anchor bolts, bedplates etc, required <strong>for</strong> seating of equipment in proper position. The contractorshall responsible <strong>for</strong> the reference lines <strong>and</strong> proper alignment of the equipment.However, all minor civil works which <strong>for</strong>m <strong>and</strong> inseparable part of <strong>installation</strong><strong>and</strong> erection job like digging trenches <strong>for</strong> laying of cables, conduits <strong>and</strong>underground pipes, making cut-outs in walls, floors <strong>and</strong> ceilings <strong>for</strong> pipe lines,adjustment, leveling, dressing <strong>and</strong> grouting of foundations, grouting of supportsare to be carried out: by the contractor at no extra cost. The necessaryrefilling/repairs of these cutouts, pockets <strong>and</strong> trenches shall be done by thecontractor: The contractor should arrange <strong>for</strong> laying the supports, cut-outs,grouting of bolts, etc, when the civil works are in progress, so as to avoidrefilling/repair works. The damages occurring to civil <strong>and</strong> other works are to bemade good by the contractor at Contractor’s own cost.9.0 Supply of tools, tackles <strong>and</strong> materialsThe contractor shall, at his own expense, provide all the necessary equipment,tools <strong>and</strong> tackles, haulage power, consumables, lubricants <strong>and</strong> sundriesnecessary <strong>for</strong> effective execution <strong>and</strong> completion of the works during erection,<strong>testing</strong>, <strong>commissioning</strong> & trial run.10.0 Protection of plantThe IKIWL shall not be responsible or held liable <strong>for</strong> any damage to person orproperty consequent upon the use, misuse or failure of any erection tools <strong>and</strong>equipment used by the contractor or any his sub-contractor’s even though suchtools <strong>and</strong> equipments may be furnished, rented or loaned to the contractor orany of his sub-contractors. The acceptance <strong>and</strong> /or use of any such tools <strong>and</strong>equipment by the contractor or his sub-contractor shall be construed to meanthat the contractor accepts all responsibility <strong>for</strong> <strong>and</strong> agrees to indemnify <strong>and</strong>save the IKIWL from any <strong>and</strong> all claims <strong>for</strong> said damages resulting from thesaid use, misuse or failure of such tools <strong>and</strong> equipments.The contractor or his sub-contractor shall be responsible during theworks, <strong>for</strong> protection of work, which has been completed by other contractors.Necessary care must be taken to see that the contractor’s men cause no damageto the same during the course of execution of the work.IKIWLSignature of Bidder


-37-All other works completed or in progress as well as machinery <strong>and</strong> equipmentthat are liable to be damaged by the Contractor’s work shall be protected by theContractor <strong>and</strong> protection shall remain <strong>and</strong> be maintained until its removal isdirected by the IKIWL.The Contractor shall effectively protect from the effects of weather <strong>and</strong> fromdamages or defacement <strong>and</strong> shall cover appropriately, wherever required, all theworks <strong>for</strong> their complete protection.The contractor shall carry out the work without damage to any work <strong>and</strong>property adjacent to the area of Contractor’s work to whomsoever it may belong<strong>and</strong> without interference with the operation of existing machines or equipment.Adequate lighting, guarding <strong>and</strong> watching at end near all the storage,h<strong>and</strong>ling, fabrication, reassembly <strong>and</strong> erection sites <strong>for</strong> properly carrying out thework <strong>and</strong> <strong>for</strong> safety <strong>and</strong> security shall be provided by the Contractor at his cost.The Contractor should adequately light the work area during night time also.The Contractor should also engaged adequate electricians/wiremen, helper etc.to carry out <strong>and</strong> maintain these lighting facilities. If the Contractor fails in thisregard, the IKIWL may provide lighting facilities as he may deem necessary<strong>and</strong> charge the const thereof to the Contractor.The Contractor shall take full responsibility <strong>for</strong> the care of the works or anysection or portions thereof until the date stated in the taking over certificateissued in respect thereof <strong>and</strong> in case any damage or loss shall happen to anyportion of the works not taken over as a<strong>for</strong>esaid, from any cause whatsoever,the same shall be made good by <strong>and</strong> at the sole cost of the Contractor <strong>and</strong> to thesatisfaction of the IKIWL. The Contractor shall also be liable <strong>for</strong> any loss of ordamage to the works occasioned by the Contractor or his sub-contractor in thecourse of any operations carried out by the Contractor or his sub-contractors <strong>for</strong>the purpose of completing any outst<strong>and</strong>ing work or complying with theContractor’s obligations.11. Unloading, transportation <strong>and</strong> inspectionThe Contractor shall be required to unload all the materials/equipment from thecarriers. The Contractor shall plan in advance, based on the in<strong>for</strong>mationreceived from the IKIWL, Contractor’s requirement of various tools, tackles,jacks, cranes, sleepers etc. required to unload the material/equipment promptly<strong>and</strong> efficiently. The Contractor shall ensure that adequate <strong>and</strong> all measurednecessary to avoid any damage whatsoever to the equipment at the time ofunloading are taken.Any demurrage/detention charges incurred due to the delay in unloading thematerial/equipment <strong>and</strong> releasing the carriers shall be charged to theContractor’s account.IKIWLSignature of Bidder.


-38-The Contractor shall be responsible <strong>for</strong> the reception <strong>and</strong> safe storage on site ofall plant <strong>and</strong> equipment delivered or h<strong>and</strong>led over to the Contractor, <strong>for</strong> thepurposes of the contract.The Contractor shall safely transport/shift the unloaded materials/equipment tothe storage area <strong>and</strong>/or the place of work, as the case may be.The materials/equipment would be carefully unpacked by the opening thewooden cases/other modes of packing as the case may be.In case of equipments/materials to be supplied by the IKIWL, all thematerials/equipments received from IKIWL prior to arrival of the Contractor atsite, shall be h<strong>and</strong>ed over to the contractor who shall, thereupon, inspect thesame & furnish the receipt to IKIWL.Detailed inventory of various items shall be prepared clearly listing theshortages, breakages/damages after checking the contents with respect to theContractor’s packing list, IKIWL’s order <strong>and</strong> approved drawings. Thecontractor shall also check every equipment <strong>for</strong> any shortage/shortcoming thatmay create difficulty at the time of <strong>installation</strong>, <strong>commissioning</strong> & trial run.All the in<strong>for</strong>mation <strong>and</strong> observations by the Contractor shall be furnished in the<strong>for</strong>m of ‘INSPECTION REPORT’ to the IKIWL with specificmention/suggestions which in the opinion of the Contractor should be given dueconsideration <strong>and</strong> immediate necessary actions, to enable the IKIWL to arrangerepair or replacement well in time <strong>and</strong> avoid delays due to non-availability ofequipment <strong>and</strong> parts at the time of their actual need.The protection, safety <strong>and</strong> security of the materials shall be the responsibility ofthe contractor, until those are h<strong>and</strong>ed over to the IKIWL after erection,<strong>commissioning</strong> <strong>and</strong> <strong>testing</strong> <strong>and</strong> per<strong>for</strong>mance trial run as per the terms of theContract.12.0 Storage of equipment.The Contractor shall be responsible <strong>for</strong> the proper storage <strong>and</strong> maintenance ofall materials/equipment under the Contractor’s custody. The Contractor shalltake all required steps to carry out frequent inspection of equipment/materialsstored as well as erected equipment until the same are taken over by the IKIWL.The following procedure shall apply <strong>for</strong> the same.The Contractor’s inspector shall check stored <strong>and</strong> installed equipment/materialsto observe signs of corrosion, damage to protective coating to parts, open endsin pipes, vessels <strong>and</strong> equipment, insulation resistance of electrical equipmentetc. The Contractor shall immediately arrange a coat of protective paintingwhenever required. A record of all observations made on equipment, defectsnoticed shall be promptly communicated to the IKIWL <strong>and</strong> IKIWL’s advicetaken regarding the repairs/rectifications. The Contractor shall there upon carryout such repairs/rectifications at his own cost. In case the Contractor is notcompetent to carry out such repairs/rectifications, the IKIWL reserves the rightto get this done by other competent agencies at the Contractor’s responsibility<strong>and</strong> risk <strong>and</strong> the entire cost <strong>for</strong> the same shall be recovered from theContractor’s bills.IKIWLSignature of Bidder.


-39-The Contractor’s inspector shall also inspect <strong>and</strong> provide lubrication to theassembled equipment. The shafts of such equipment shall be periodicallyrotated to prevent rusting as well as to check freeness of the same.The inspector shall check <strong>for</strong> any signs of moisture or rusting in any equipment.If the <strong>commissioning</strong> of equipment is delayed after <strong>installation</strong> of theequipment, the contractor shall carry out all protective measures suggested bythe IKIWL during such period.Adequate security measure shall be taken by the contractor to prevent theft <strong>and</strong>loss of materials under the contractor custody. The contractor shall carry outperiodical inventory checks of materials stored <strong>and</strong> installed by the contractor<strong>and</strong> any loss noticed shall be immediately reported to the IKIWL. A properrecord of these inventories shall be maintained by the contractor. The contractorshould not sell, assign, <strong>and</strong> mortgage, hypothecate or remove equipment ormaterials, which has been installed or stored at the site under contractor’scustody without the written consent of the IKIWL.Suitable grease recommended <strong>for</strong> the protection of surface againstrusting (refined from petroleum oil with lancline minimum (70 DEG.CENT)<strong>and</strong> water in traces) shall be applied over all equipment as required once inevery three months. Quality of grease is to be proved by IKIWL.All equipment shall be stored inside a closed shed or in the opendepending upon whether they are of indoor or outdoor design. Adequate storagearea, as required, shall be made available by the contractor, within the sitepremises.All the necessary items/goods required <strong>for</strong> protection as described aboveshall be arranged by the contractor <strong>and</strong> such cost shall be included in thecontract price.13.0 ApprovalsThe contractor shall obtain the necessary approvals of Factories, ElectricalInspectorate, Legal Metrology dept. <strong>and</strong> any other state/local authorities, as maybe statutorily required or as may be directed by IKIWL, <strong>and</strong> the cost ofobtaining such approvals shall be included by IKIWL, <strong>and</strong> the cost of obtainingsuch approvals may be included in the contract price.All the necessary details, drawings, submission of application <strong>and</strong>pro<strong>for</strong>mas will be furnished by the contractor to the IKIWL <strong>for</strong>verification/signature, <strong>and</strong> shall there<strong>for</strong>e be submitted to the appropriateauthorities <strong>for</strong> approval.The contractor on behalf of IKIWL shall submit the necessaryapplication duly filled-in, together with the prescribed fees to the appropriateauthorities. However, all the actual statutory fees paid by the contractor shall bereimbursed by IKIWL upon production of receipt .The contractor shall alsomake all necessary arrangements <strong>for</strong> inspection of works by the statutoryauthorities, as when required. Cost of all such inspection shall be included in thecontractor price.IKIWLSignature of bidder


-40-Whenever necessary or required, the contractor shall furnish the necessary test<strong>and</strong>/or inspection certificates etc. from the appropriate authorities as per IBR,IER <strong>and</strong> other statutory regulations <strong>and</strong> the cost of obtaining these certificatesshall be included in the contract price.In case of capacity enhancement of existing plants, the contractor shallarrange <strong>for</strong> <strong>and</strong> obtain necessary approvals, as stated herein, <strong>for</strong> the entireexp<strong>and</strong>ed plant, either in phases or in whole as the case may be & the cost ofobtaining such approvals shall be included in the contract price.Any modification or changes required or advised by the appropriateauthorities during the course of inspection <strong>and</strong>/or the contract at his own costshall carry out approval.14.0 Review <strong>and</strong> Co-ordination of Erection WorkThe contractor shall depute senior <strong>and</strong> competent personnel to attend the site coordinationmeetings that would generally be held at the site every month. Thecontractor shall take necessary action to implement decision arrived at suchmeetings <strong>and</strong> shall also update the erection schedule accordingly.IKIWLSignature of Bidder


1. Scope of <strong>supply</strong>-41-SECTION-IVSPECIAL CONDITIONS OF CONTRACTTERMS & CONDITIONSThe Bidder shall include detailed design <strong>and</strong> specification, schedule of delivery,erection & <strong>commissioning</strong> of 60 MT electronic road weighing bridge with PC,software (customized as per the requirements), printer <strong>and</strong> different elements ofprice as per technical specification mentioned in the <strong>tender</strong>. The <strong>tender</strong> shallcarefully study the <strong>tender</strong> <strong>document</strong> <strong>and</strong> shall certify himself of the suitability ofthe equipment, <strong>and</strong> shall take full responsibility <strong>for</strong> the efficient operation,guarantee <strong>and</strong> after sales- service of specified per<strong>for</strong>mance parameter of theequipment offered. Bidder should inspect the site <strong>and</strong> shall satisfy himself of thesite conditions <strong>and</strong> shall collect any other in<strong>for</strong>mation, which he may requirebe<strong>for</strong>e submitting the <strong>tender</strong>. Claims <strong>and</strong> objections due to ignorance of the siteconditions will not be considered after submission of <strong>tender</strong>. The offer shall be<strong>for</strong> equipment according to <strong>tender</strong> specifications (annexure-1 to 5 ) should beduly filled in <strong>and</strong> in case any deviation should be clearly mentioned otherwiseliable <strong>for</strong> rejection.The <strong>tender</strong> shall furnish an items-wise list of spare parts <strong>and</strong> consumablesseparately <strong>for</strong> one year Warranty period <strong>for</strong> normal working of the equipmentThe operation, maintenance <strong>and</strong> spare part manuals are also to be madeavailable with the equipment. Spare parts not manufactured directly by thesuccessful <strong>tender</strong> shall be properly identified <strong>and</strong> description/catalogue etc. maybe given with sufficient details to enable IKIWL to procure space directly fromthe manufacturer, if required. The <strong>tender</strong> shall include in its scope of <strong>supply</strong> aset of drawings, special tools & tackles, if any required <strong>and</strong> manual <strong>for</strong> futurerepair maintenance of equipment.2. Scope of assemble <strong>and</strong> <strong>commissioning</strong>.The <strong>commissioning</strong> of the equipment shall be done by the successfully bidder<strong>and</strong> shall interalia including <strong>testing</strong> <strong>and</strong> proving the guaranteed contractper<strong>for</strong>mance of the equipment. The equipment will be commissioned within 30days from date of last shipment of equipment. Crew shall be trained in operation<strong>and</strong> maintenance of equipment offered. Commissioning of the equipment to thesatisfaction of IKIWL will be sole responsibility of the successful <strong>tender</strong>er. The<strong>tender</strong>er shall provide competent <strong>commissioning</strong> engineers to insure the same.IKIWLSignature of Bidder


-42-3. Time schedule <strong>for</strong> Delivery & CommissioningDelivery should be within 3(Three) month to site <strong>and</strong> <strong>commissioning</strong> shall bedone within 30 days. The bidder should quote the earliest practical deliveryperiod within three months to the site from the date of placement of order. Thesuccessful <strong>tender</strong> shall be responsible <strong>for</strong> coordinated delivery of the equipment<strong>and</strong> shall ensure deliveries in sequence as required at site <strong>for</strong> <strong>commissioning</strong>.4. TransportationThe successful <strong>tender</strong>er shall deliver the equipment at IKIWL site. Subsequenttransportation <strong>and</strong> h<strong>and</strong>ling right from stage of drawing from stores <strong>and</strong> takingto site including, assembly/erection <strong>and</strong> <strong>commissioning</strong> would also be theresponsibility of the successful bidder. Be<strong>for</strong>e delivery the equipment, the<strong>tender</strong>er should get confirmation about the delivery site from the store/sitepersonnel.5. PricePrice shall be indicated separately <strong>for</strong> each category of items(<strong>supply</strong> &<strong>installation</strong>) including rate of sales Tax/VAT/Service Tax as applicable as perannexure 6 & 7 enclosed with the <strong>tender</strong> <strong>document</strong>s.6. TrainingTraining <strong>for</strong> operation <strong>and</strong> maintenance of the equipments shall be imparted bythe successful <strong>tender</strong>er to 2(two) of operating/maintenance personnel of IKIWL<strong>for</strong> a total period of 2(two) weeks at site. Training cost shall be born by thesupplier. The list of operation & maintenance personnel earmarked <strong>for</strong> trainingshall be provided by IKIWL <strong>and</strong> training schedule shall be drawn up jointly.Further, a schedule of long-term training required <strong>for</strong> propermaintenance <strong>and</strong> upkeep of the equipment shall be provided by the <strong>tender</strong>erseparately <strong>for</strong> our consideration.7. Drawing Documents <strong>and</strong> ManualsShall be supplied by the successful <strong>tender</strong>er in 2(two) copies of equipmentspecification manual, operation manual, maintenance manuals. All the<strong>document</strong>s are to be in the English language.8. Tools <strong>for</strong> repair <strong>and</strong> maintenanceThe special tools required <strong>for</strong> repair <strong>and</strong> maintenance of the equipment shall besupplied free of cost.IKIWLsignature of Bidder


-43-9. Stamping & VerificationThe weighbridge has to be stamped <strong>and</strong> verified by the state Department ofLegal Metrology, prior to be being put into use by the successful <strong>tender</strong>er. Thesuccessful <strong>tender</strong>er shall arrange to calibrate, test <strong>and</strong> present the weighbridge tothe Weights <strong>and</strong> Measures Department <strong>for</strong> necessary stamping & verification.Test weight <strong>and</strong> manpower required <strong>for</strong> the stamping purpose will be providedby the <strong>tender</strong>er. Necessary stamping fees <strong>for</strong> the purpose of stamping of the saidweighbridge, the <strong>tender</strong>er on behalf of IKIWL shall submit the necessaryapplication duly filled-in, together with the prescribed fees to the appropriateauthorities. However, all the actual statutory fees paid by the contractor shall bereimbursed by IKIWL upon production of receipt. The contractor shall alsomake all necessary arrangements <strong>for</strong> inspection of the works by the statutoryauthorities, as <strong>and</strong> when required. Cost of all such inspections shall be includedin the contract price.10. Statutory VariationThe ex-factory price of the equipment shall be firm. The various taxes. Duties<strong>and</strong> levies included in the offer should be shown separately. However, duringthe currency of contract, if any fresh taxes, duties or levies have been imposedon <strong>supply</strong> of the plant <strong>and</strong> equipment <strong>and</strong> erection, such variation in the tax,duty or levy, if payable by purchaser, shall be paid by the IKIWL. For thispurpose the successful <strong>tender</strong>er shall provide necessary <strong>document</strong>ary tax arisingout of variation shall be restricted to the contract <strong>and</strong> cannot extend to the subcontracted<strong>supply</strong> received by the contractor. Increase in taxes, duties <strong>and</strong> leviesbeyond stipulated delivery period will be borne by the successful <strong>tender</strong>er.11. Per<strong>for</strong>mance Guarantee WarrantyThe successful bidder shall guarantee against defect arising out ofworkmanship, design, materials <strong>and</strong> per<strong>for</strong>mance to ensure satisfactoryper<strong>for</strong>mance requirements indicated in the <strong>tender</strong> <strong>document</strong>. In this respect, theoffer shall include in clear detail the per<strong>for</strong>mance guarantee at 95% availabilityof equipment offered during the guarantee period. Warranty period shall be 1year from the date of <strong>commissioning</strong>. In the event of any inadequacy/defect/error/ fault resulting in a fall in the per<strong>for</strong>mance of the equipment, thesuccessful <strong>tender</strong>er shall, rectify the same, including <strong>supply</strong> of the spares free ofcost. The successful bidder shall commit in writing, availability of spares <strong>and</strong>consumables <strong>for</strong> normal operation of equipments <strong>for</strong> 10 years, after successful<strong>commissioning</strong> of the equipment.IKIWLSignature of Bidder


-44-13. Erection <strong>and</strong> <strong>commissioning</strong>To be carried out by the successful <strong>tender</strong>er within 30 days of receipt ofequipment at site. IKIWL shall give intimation towards receipt of materials atsite on the date of receipt of equipment.14. TaxesThe successful <strong>tender</strong>er shall pay all taxes, duties, charges or levies that may beassessed or imposed on them by the Government of India. The <strong>tender</strong>er shallclearly furnish the details of the taxes <strong>and</strong> duties presently payable. In come taxshall be deducted as per the prevailing rules.15. Legal CapacityThe <strong>tender</strong>er shall satisfy IKIWL that he is competent <strong>and</strong> authorized to submit<strong>tender</strong> <strong>and</strong>/ or to enter into a legally binding contract with IKIWL. To thiseffect, any person signing the <strong>tender</strong> shall render relevant <strong>document</strong>aryevidence or Power of Attorney, that his signature on the <strong>tender</strong> submitted byhim is legally binding upon himself <strong>and</strong> the bidder. A person signing the <strong>tender</strong>or any <strong>document</strong> <strong>for</strong>ming part of the contract on behalf of another shall bedeemed to warrant that he has authority to bind such other <strong>and</strong> if it is discoveredthat any time that the person so signing had no authority to do so, IKIWL maywithout prejudice to other civil <strong>and</strong> criminal remedies, cancel to contract <strong>and</strong>hold the signatory liable <strong>for</strong> all cost <strong>and</strong> damages.16. Liquidated Damages <strong>for</strong> shortfall in per<strong>for</strong>manceIKIWL shall also have the right of outright rejection of equipment <strong>and</strong> recoverthe total contract price <strong>and</strong> interest accrued thereon from the successful<strong>tender</strong>er, should availability of the equipment goes below 90%.Any shortfall in the stipulated availability will attract Liquidated Damages of1% of equipment value <strong>for</strong> every 2% shortfall or part thereof of percentageavailability the liquidated damages <strong>for</strong> short fall is subject to a ceiling of 5%.17. Liquidated Damages not by way of penalty <strong>for</strong> delay in delivery completionIf the successful <strong>tender</strong>er fails to deliver any part of the equipment <strong>and</strong> completethe erection <strong>and</strong> <strong>commissioning</strong> within the time stipulated or fulfill hisobligation in time under the contract, - he shall be liable to pay to IKIWLliquidated damages <strong>for</strong> such delay, by way of penalty, a sum of equivalent to1% of the total contract value per month of delay or part there<strong>for</strong>e subject amaximum limit of 5% of total contract value including taxes <strong>and</strong> duties asadjusted <strong>for</strong> variation, if any. Such Liquidated Damages shall be recovered fromthe bill of the successful bidder.IKIWLSignature of Bidder


-45-18. WarrantyShall be <strong>for</strong> a period of 1 year from the date of issue of Final Acceptance TestCertificate. The successful <strong>tender</strong>er will st<strong>and</strong> guarantee <strong>for</strong> materials suppliedfrom the date of issue of <strong>commissioning</strong> Letter against adequacy in design.Defective materials, error in detailing work, faulty workmanship, etc. In theevent of any inadequacy/defect/error/ fault occurring during warranty period,the same shall be rectified by the successful <strong>tender</strong>er at his cost. The successfulbidder shall be responsible <strong>for</strong> the per<strong>for</strong>mance of the complete machinesupplied including any non-OEM component/ assembly. If any downtime ofmachine is suspected due to any defect in non-OEM components/assembly, itshall be the sole responsibility of the successful <strong>tender</strong>er to rectify the defect<strong>and</strong> restore the machine to operation.19. Civil FoundationDesign <strong>for</strong> civil foundation <strong>for</strong> mounting Load cells & Horizontal Constrainers<strong>and</strong> suitable Ramp on both sides of the plat<strong>for</strong>m with slope <strong>and</strong> approach Roadup to Ramp, required size shall be provided by the bidder.However, The civil work will be done by IKIWL as per design <strong>and</strong> drawingprovided by the bidder along with the required control room of the weighbridge.The successful bidder will submitte the design <strong>and</strong> drawing, within 15 daysfrom the date of issue of order.IKIWLSignature of Bidder


-46-Annexure-1SECTION-VTECHNICAL DATA SHEET60MT CAPACITY FULLY ELECTRONIC PITLESS TYPE ROAD WEIGHBRIDGETO BE SUBMITTED BY BIDDER DULY FILLED IN ALONG WITH TENDERSl.No Description Requirement In casedeviationmentiondetails01 FOUNDATION Design <strong>for</strong> civil foundation <strong>and</strong> supportingstructure shall consists of four rein<strong>for</strong>cedconcrete pedestal to accommodate anchoring<strong>and</strong> mounting 4 nos. Compression Load cells<strong>and</strong> 4 pairs Horizontal Constrainers to sustainup to full capacity with 50% overload <strong>and</strong>necessary earth pit.(Civil foundation shall bedone by IKIWL)02 MECHANICALPLATFORM03 HORIZONTALCONSTRAINERSPre-fabricated, Pit-less type, Size9mx3Mtr.(60MT) made out of ISMB 500 asMain Guarder with stiffeners, ISMB 250 assections & ISMB 200 as subsections of qualitycon<strong>for</strong>ming to IS 2062 grade A 10mm thickMS deck plate, suitable <strong>for</strong> use up to fullcapacity with 25% overload protection. 20mmthick foundation plate with M 20 foundationbolt Total weight of the plat<strong>for</strong>m should not beless than 6.5MT.Suitable Constraining arrangements/Stop portshould be provided with the mechanicalstructure to arrest horizontal <strong>for</strong>ces transmittedto Load cells of type.04 LOADCELL 4 nos. Compression type Load cells to beprovided with 20MT each with in builtLightening protection <strong>and</strong> hermetically sealedto IP 68 (test certificate to be enclosed), 6 wiretechnology <strong>for</strong> minimizing error con<strong>for</strong>ming toall other specifications mentioned in the <strong>tender</strong>.Test certificate to be provided.05. HORIZONTALCONSTRAINERSSuitable Constraining arrangements(Horizontal Constrainers) to arrest horizontal<strong>for</strong>ces up to 200 kN.06. JUNCTION BOX Die cast aluminum housing, with IP 69 sealing& in built surge <strong>and</strong> Lightening protectionIKIWLSignature of Bidder


-47-Sl.No. Description Requirement In case deviationmention details07 WEIGHINGTERMINAL08 PC &PRINTERAluminum housing with splash proof frontpanel IP 65, bright green/red 12 mm high, 7segment, Vacuum Fluorescent/ LED displaywith dimension sign & status display,software calibration .Latest configuration, Duel core 3.2 GHz,256MB RAM, 80 GB HDD, 17” color TFTMonitor, DVD Combo drive, Key boardmouse, Inverter/AVR/Stabilizer.09 SOFTWARE Suitable st<strong>and</strong>ard Weigh bridge softwarecompatible with Window’s XP or higherversion <strong>and</strong> provision <strong>for</strong> modification asper requirement.10 GUARANTEE 12 months from the date of <strong>commissioning</strong>including Load cell failure againstLightening.11 AFTER-SALES-SEVICEService set up with repairing license fromL/M authoritiesIKIWLSignature of Bidder


-48-DETAILS TECHNICAL SPECIFICATIONSAnnexure-2TECHNICALSPECIFICATIONSTYPEMaximum CapacityLOADCELLSREQUIRED BY PROVIDED BYIKIWLTENDERERStr. Gauge barcompression type20 MTDEVIATION/REMARKNo. of Load cells 04Housing MaterialsStainless SteelAccuracy ClassRated Out Put0.015% ofcapacity1m V/VInput Impedance1080-+ 10 OhmsOutput Impedance1010-+ 10 OhmsUsable AmbientTemperatureMaximum UsableLoad withoutElectrical-40 to +95degree C200% of capacityIKIWLSignature of Bidder


DamageTechnicalSpecificationsDestructive Load-49-Required by IKIWL Provided byTenderer500% of CapacityDeviation/RemarksProtection ClassCableResistant againsthigh VoltageLightningProtectionHysteresisNon- LinearityRepeatabilityIP696core, techniquelength- as perrequireAcc to DIN EN61000-45In built


-50-Annexure-3TechnicalSpecificationsCapacity towithst<strong>and</strong>horizontal <strong>for</strong>cesQty to be providedwith WeighbridgeProtectionTemperature rangeMaximum VerticalmovementDimensionWeightHORIZONTAL CONSTRAINERSRequired by IKIWL Provided byTendererUp to 200kN4 pairs/8 nos.Dust & dirtprotected-40 to 90 degree-+7.5mm280X140X70 mm10 Kg per pair>= 88KgDeviation/RemarksWEIGHBRIDGE INTERFACING SOFTWAREAs per the requirement <strong>for</strong> print out <strong>for</strong>mat, Customer name, truck number. Materialname, in/out time, daily, weekly, monthly, customer, truck & material wise report &LAN connectivity. All date <strong>and</strong> time should be taken from the system of Fraud proof(All weight should be taken from Weighing Terminal) taking Gross, Tare, Net weight.IKIWLSignature of Bidder


TechnicalSpecificationMain SupplyLoad cell SupplyMeasuring RangeAnalog FitterLinearityWeight DisplayCalibrationHousing-51-WEIGHING TERMINALRequired by IKIWL Provided byTenderer220/240VAC,50/60 Hz12VDC or 20VDCselectable( shortcircuit proof)Total range-36mV,Minimum span2-4mv, Measuringvoltageimpendence- > 10MOhmsActive Butter worthlow pass fitter, cutoff frequency-2Hz


TechnicalSpecificationTrouble shootingCommunicationProtocol-52-Required by IKIWL Provided by TenderError code messagegeneration with selftestShould have facility<strong>for</strong> RS 232, 485,Current Loop,Analogue Out put,parallel printer &memory extensionDeviation/ RemarksIKIWLSignature of Bidder


TypeSpeedHard DiskDriveRAMMonitorI/O InterfaceOthersMake-53-PERSONAL COMPUTERDesk TopDual core 4,2.9 GHz ormore (latest available)80GB256MB17” color Monitor(TFT)Parallel with D type 25 pinconnector, PS2 (One), USBKey board & mouse, SerialportDVD Combo Drive/1.44floppy Drive, Key BoardMouse, 56 KBPS modem10/100 Mbps, RJ 45 portwith LAN support, Preloaded operating Window’sXP etc.IBM/Compaq/HCLAnnexure-51. Electrical : The IKIWL shall provide Electrical power out let of 220V-+10%having good earthing provision <strong>for</strong> working of the equipment. However,supplier has to comply to the followings specifications.1.a) Supply of one suitable capacity online, since wave, Harmony freeuninterruptible power <strong>supply</strong> <strong>for</strong> 6 hours backup Inverter reputed make to runthe electronic equipment along with P.C, printer one 40v Tube light <strong>and</strong> are 65vfan.1.b) All the cables are to be laid with suitable protection line & passing of cablethrough GI pipes <strong>and</strong> flexible Conduit.TypeColumnPRINTER (Wipro make)Dot Matrix (24 Pin),Wipro make80 Column29.0 Special noteBidders are requested to visit the project site <strong>for</strong> assessment of quantum of workbe<strong>for</strong>e quoting. This is complete turnkey job <strong>and</strong> accordingly all itemsnecessary to give the rated/designed output are included in scope of work eventhrough it is not specified in the details.IKIWLSignature of Bidder


-54-PRICE - BID1.(Supply of 60 MT electronic Road Weighbridge)Sl.No. Description Unit Qty Rate(Rs.)Amount(Rs.)RateofsalesTax/VATB) Electronic Road Weighbridge consists of followings01. Pit less design,Mechanicalplat<strong>for</strong>m of size9.0X3.0m withgrouting plate <strong>for</strong>load cell &HorizontalConstrainers,Mountingbrackets suitable<strong>for</strong> use in 60 MTcapacityelectronic RoadWeighbridgecomplete asrequired as perspecification02. HorizontalConstrainerscompleteasrequired as perspecifications03. Electronic Kitconsists of 4 Nos.Load cells,Mounting Kit,WeighingTerminal,Junction Box &extension CableaspersoecificationsSet 01Pair 04Set 01AmountofTaxTotalamount(including tax)IKIWLSignature of Bidder


SlNo.-55-Description Unit Qty Rate(Rs.)04. 5 KVA Inverter(line interactive)with suitablesealedmaintenance freeBattery <strong>for</strong> 6hours back up asperspecifications05. 80 columns DotMatrix Printer asperspecificationsWIPRO/EPSONSet 01Set 01Amount(Rs.)Rate ofSalesTax/VAATMake.(B.) PC & WEIBRIDGE INTERFACING SOFTWARE01. Dual Core 4.2.9GHz, 80 GBHDD, 256MBRAM, 17”TFT ColorMonitor, Keyboard & mouseetc. as required02. St<strong>and</strong>ardWeighbridgeInterfacingsoftware withnecessarymodification asper requirement03. Packing<strong>for</strong>warding &transportationcharges up to<strong>installation</strong> siteSet 01No. 01No 01Amountof TaxTotalamount(includingtax)Rupees (……………………………………………………………..) Total Rs.IKIWLSignature of Bidder


-56-SlNo.3. INSTALLATIONDescription Unit Qty Rate(Rs.)01. Super vision ofCivilfoundation,<strong>installation</strong> of allequipment,<strong>testing</strong> by L/Mauthorities <strong>and</strong><strong>commissioning</strong>of theWeighbridgeNo. 01Amount(Rs.)Rate ofsalesTax/VATAmountof TaxTotalAmount(includingtax)Rupees (………………………………………………………………..) Total Rs………IKIWLSignature of Bidder


-57-Section VIIFORM OF BIDBidders are required to fill up all the blank spaces in this <strong>for</strong>m of Bid:Name <strong>and</strong> address of IKIWL:IDCOL KALINGA IRON WORKS LTD.MATKAMBEDA-758036, DT.KEONJHAR(ORISSA)Description of works :SUPPLY, INSTALLATION, TESTING,COMMISSIONING AND TRIAL RUN OF 60MT CAPACITY ONE NO. ROAD WEIGHBRIDGE HAVING PLAT FORM SIZE 9X3MTR. FOR WEIGHMENT AT ROIDA-CMINES.Dear Sir,1.0 Having examined the bidding <strong>document</strong>s including conditions of contract,Specification, schedule of quantities <strong>and</strong> drawing included in or referred to inthe bidding <strong>document</strong>s including Addenda Nos._______________________,Receipt of which is hereby duly acknowledged, <strong>for</strong> the execution of abovementioned works, we, the undersigned offer to <strong>supply</strong> <strong>and</strong> deliver goods <strong>and</strong>services including <strong>installation</strong> & <strong>commissioning</strong> as detailed in the priceschedule, <strong>and</strong> maintain whole of the said works, in con<strong>for</strong>mity with the saidconditions of Contract, specifications <strong>and</strong> schedule of quantities <strong>for</strong> the sum ofRs._______________ (Rupees______________________only) or such othersum as may be ascertained in accordance with the schedule of prices attachedherewith <strong>and</strong> made part of this bid <strong>and</strong> the said technical specifications,drawings <strong>and</strong> conditions.2.0 We, undertake, if our bid is accepted to commence the works within 15 days ofreceipt of the notification of award, <strong>and</strong> to complete <strong>and</strong> deliver the whole of theabove said works comprised in the contract within _______________* dayscalculated from the day of the receipt of the Notification of award.IKIWLSignature of Bidder


-58-3.0 If our bid is accepted we will furnish a security in the <strong>for</strong>m of the bankguarantee (as per the <strong>for</strong>mat provided in this bidding <strong>document</strong>) to be jointly<strong>and</strong> severally bound us <strong>for</strong> the due per<strong>for</strong>mance of the contract, in amount of05% of the above named sum in accordance with the conditions of contract.4.0 We agree to abide by this bid <strong>for</strong> the period of 90 days from the date of bidopening, <strong>and</strong> it shall remain binding upon us <strong>and</strong> may be accepted at any timebe<strong>for</strong>e the expiry of that period.5.0 Unless <strong>and</strong> until an agreement is prepared <strong>and</strong> executed, this bid, together withyour written acceptance thereof, shall constitute a bidding contract between us.6.0 We underst<strong>and</strong> that you are not bound to accept the lowest or any bid you mayreceive.Dated this_______ day of______________20Signature_____________________In the capacity of_______________Duly authorized to sign the bid <strong>for</strong> <strong>and</strong> on behalf of_______________________(In capital letters)No. of days should be in confirmation to the period of completion given inclause 1.3 of section –I- Instructions to bidders.IKIWLSignature of Bidder


-59-APPENDIX TO THE FORM OF BIDCondition of ContractClause No.Amount of per<strong>for</strong>mance Security 06 5% ofContract valuea) Bank draftb) Bank guaranteeMinimum amount of third party insurancePeriod <strong>for</strong> commencement, from the dateOf receipt of letter of intent3 monthsRate of penalty <strong>for</strong> delay 24 0.5% of the contractValue/week or partThereof.Maximum limit of penalty 24 5%Period of maintenance(Defect liability period)Time within which the paymentWould be made after the certificate <strong>for</strong>Receipt of Goods/completion ofWork is made.12 months from thedate of completion of workAnd acceptance byEngineer-in-charge30 daysDated this________day of_______20__________Signature in the CapacityOf________duly authorized toSign the bid <strong>for</strong> <strong>and</strong> on behalf of_____________(In capital letter)IKIWLSignature of Bidder


-60-11. List if any, of bidders rate contract with the following organization.____________________________________________________________Organization Yes/No If yes, date contract finalized____________________________________________________________a. Directorate General ofSupplies & Disposal,Government of India.b. Central Equipment StoresPurchase organization <strong>for</strong>State Government.______________________________________________________________12. Describe quality control Organization, if any <strong>and</strong> give the organizationchart.a) Are goods offered subject to batch test r<strong>and</strong>om sampling or full 100%?Test <strong>for</strong> quality?b) Are tests carried out by factory employees or by a separate <strong>testing</strong> agency?c) Are independent quality control organization checks made <strong>and</strong>Certificates issued?13. Income tax clearanceFollowing <strong>document</strong>s with regard to income tax clearance should be submittedalong with application.a) Details of Income tax registrationb) Last Income tax clearance certificate.IKIWLSignature of Bidder


-61-Schedule-IICAPABILITY STATEMENT OF PERSONNEL EQUIPMENT PLANT AND LASTPERFORMANCE1. Name <strong>and</strong> address of bidder: Phone:2. Classification (1) ManufacturerCircle what isApplication(2) authorized agent(3) Dealer(4) Others, please specify3. Plant a) Locationb) Description, type & size of buildingc) Is property on lease or free hold? If on lease indicate date of expiry in eachCase.4. Type of equipment manufactured <strong>and</strong> supplied during last 2 years.Name of Capacity/ Nos. Project to which No.Of Size manufactured Supplies are ordersEquip. Made on h<strong>and</strong>5. Type of equipments supplied during last 2 years other than those covered under 4above.Name of. Capacity Name of Total Nos. Projects No.ofSize manufacturer supplied in supplied to which onEquipt. & Model. & Country of in supplies H<strong>and</strong>Origin India are madeIKIWLSignature of Bidder


-62-6. Plant Facilities sq. Meter Remarka) Space available <strong>for</strong> manufacturer __________________b) Space available <strong>for</strong> the shortage __________________c) Space available <strong>for</strong> inspection __________________items offeredd) Space available <strong>for</strong> shortage items offered___________________e) Are building fire resistant ? Yes/Nof) Are premises approved by municipal Fire protection?___________________________h) Are power <strong>and</strong> fuel <strong>supply</strong> adequate to meetproduction requirement?_______________________i) Are adequate transport facilities available?_______________________j) Are safety measures adequate <strong>for</strong> per<strong>for</strong>manceof proposed contract?___________________________k) Are adequate material h<strong>and</strong>ling equipment available?________________________7. Details of <strong>testing</strong> facilities available :a) List <strong>testing</strong> equipment availableb) Give details of test, which can be carried out on items offered.c) Details of <strong>testing</strong> organizations available.IKIWLSignature of Bidder


-63-8. Personnel/Organization:Give organization chart <strong>for</strong> following, indicating clearly the no. of employees at variouslevels:1. Production2. Marking3. Service4. Spare parts5. Administrative9. Nearest Service center to buyer:Location___________________ Phone No.____________________10. Details of Organization at Service Centera) No. of skilled employees _______________________b) No. of unskilled employees _______________________c) No. of engineering employees _______________________d) No. of administrative employees _______________________e) List of special repair/workshop ________________________facilities availablef) The storage space available <strong>for</strong>Spare parts___________________ Sqmg) Value of minimum stock of sharesavailable at all the service centersin respective currencies ____________________h) List of the models/types by number of equipment serviced by the center in the2 years:11. Name of two buyers to whom similar equipment are supplied in the past <strong>and</strong> towhom reference may be made by the IKIWL regarding the bidder’s technical <strong>and</strong>delivery ability:1)_______________________________________IKIWLSignature of Bidder


-64-2) _____________________________________________12. List of components usually subcontracted_____________________________________________________________13. Schedule <strong>for</strong> furnishing technical data <strong>and</strong> certified drawings after receipt o<strong>for</strong>ders. ____________________________________________________14. Workload as percentage of total capacity <strong>for</strong> the current <strong>and</strong> <strong>for</strong>th coming financialyear on quarterly basis __________________________________________15. Number of weeks required to prepare a bid proposal _______________________IKIWLSignature of Bidder


-65-SECTION VIIIQUALIFICATION APPLICATIONAll the bidders who are interested in submitting this bids against this <strong>tender</strong> <strong>for</strong>the items must submit the qualification application along with the in<strong>for</strong>mationin the following <strong>for</strong>mats together with the relevant <strong>document</strong>ation.SCHEDULE-IFINANCIAL BISINESS AND TECHNICAL CAPABILITYName <strong>and</strong> address of the bidder :Telephone No. :1. Latest balance sheet filed with __________________________________On_______________________(Attach a copy)2. Latest profit <strong>and</strong> loss statement from____________ to________________filled with________on_____________)Attach a copy)3. Financial position (in the respective currency)A) CashB) Current assetsC) Current liabilitiesD) Working capitalE) Net worth4. Total liabilities:a) Current ratio : Current assets to current liabilities.b) Acid ratio test: cash temporary investment held in lieu of cash <strong>and</strong> currentreceivable to current liabilities.c) Total liability to net worth.5. Net sales (in the respective currency)a) Current periodb) During the last financial yearc) During the year be<strong>for</strong>e last financial year6. Net profit be<strong>for</strong>e taxa) Current periodb) During the last financial yearc) During the year be<strong>for</strong>e last financial yearThe profit <strong>and</strong> loss statements have been certified through__________________ By_________________________IKIWLSignature of Bidder


-66-7. Bidders Financial arrangements (check appropriate item)a) Own resourcesb) Bank creditsc) Other specify8. Certificate of financial soundness from bankers of bidders9. SalesCategory Value of current orders to Value of anticipated salesBe executed in respective <strong>for</strong> next financial year inCurrencyrespective currencyA) Govt. DepartmentB) Commercial10. Licensed capacity to manufacture :Description Size Licensed No. of units Manufactured SecondOf equip. Cap. Capacity current year last year last yearIKIWLSignature of Bidder


-67-SECTION –XI (1)MANUFACTURER’S AUTHORIZATION FORMNo._____________________________ Dated______________________To,IDCOL Kalinga Iron Works Ltd.Matkambeda-758036Dt. Keonjhar (Orissa)Dear Sir,Sub: Tender Ref. No.______________________________________We_______________________________________________________ an established<strong>and</strong> reputable manufacturers of_______________________________________________________having factories at__________________________<strong>and</strong>_________________________________do herebyauthorizeM/s._______________________________________________________________(Name<strong>and</strong> address of agents) to bid, negotiate <strong>and</strong> conclude the contract with you againstTender notice No.________________________ <strong>for</strong> the above goods manufactured byus.No company or firm or individual other than M/s.______________________________located at____________________________ are authorized to bid, negotiate <strong>and</strong>conclude the contract in regard to this business against this specific Tender Notice.We hereby extend our full guarantee <strong>and</strong> warranty as per the General conditions ofcontract <strong>for</strong> the goods offered <strong>for</strong> <strong>supply</strong> against this Tender notice by the above firm.Yours faithfully(Name)For <strong>and</strong> on behalf of M/s.(Name of Manufacturers)Note: This letter of authority should bee on the letterhead of the manufacturingconcern <strong>and</strong> should be signed by a person competent <strong>and</strong> having the power ofattorney to bind the manufacturer.IKIWLSignature of Bidder


-68-SECTION-XI(2)MANUFACTURER’S AUTHORIZATION FORM(Please see Clause 14.3 of instructions to bidders)No._____________________________Dated__________________________ToIDCOL Kalinga Iron Works Ltd.Matkambeda-758036Dt. Keonjhar (Orissa)Dear Sir,Sub: Tender Ref.No.____________________________________________We________________________________________________________________anestablished <strong>and</strong> reputable Manufacturers of_______________________having factories at_________________________________<strong>and</strong>________________________________do hereby authorize M/s___________________________________________________(Name <strong>and</strong> address ofagents) to bid negotiate <strong>and</strong> conclude the contract with you against bid no.____________________________ <strong>for</strong> the above goods manufactured by us.No company or firm or individual other than M/s______________________________Are authorized to bid, negotiate <strong>and</strong> conclude the contract in regard to this businessagainst this specific IFB.We hereby extend our full guarantee <strong>and</strong> warranty as per Clause 81 of the generalconditions of contract <strong>for</strong> the goods offered <strong>for</strong> <strong>supply</strong> against this invitation <strong>for</strong> bid bythe above firm.Yours faithfully,(NAME)For <strong>and</strong> on behalf of M/s.(Name of manufacturers)Note : This letter of authority should be on the letterhead of the manufacturing concern<strong>and</strong> should be signed by a person competent <strong>and</strong> having the power of attorney to bindthe manufacturer.IKIWLSignature of Bidder


-69-SECTION - XIITECHNICAL DEVIATION STATEMENT FORMThe following are the particulars of deviations from the requirements of the <strong>tender</strong>specifications.CAUSE DEVIATION REMARKS(Including justification)Dated-Note:Signature <strong>and</strong> seal of theManufacturer/Bidder(1) Where there is no deviation, the statement should be returned dulysigned with an endorsement indicating “No Deviation”.(2) The technical specification furnished in the bidding <strong>document</strong> shallprevail over those of any other <strong>document</strong> <strong>for</strong>ming a part of our bid,except only to the extent of deviations furnished in the statement.IKIWLSignature of Bidder.


-70-SECTION - XIIIPOINT BIDDERS SHOULD BEAR IN MINDI. BIDS CONTAINING DEVIATIONS FROM BIDDING DOCUMENT TERMSAND OTHER CONDITIONS MAY BE REJECTED.II.BIDS NOT ACCOMPANIED BY BID SECURITY (EARNEST MONEYDEPOSIT) SHALL BE SUMMARILY REJECTED.III. NON-COMPLIANCE WITH EVEN A MONOR TECHNICALREQUIREMENT SHOULD BE SPECIFICALLY STATED BY THEBIDDERSIV.BIDDERS SHOULD FURNISH THEIR COMPLETE ADDRESS FOR THEPURPOSE OF FURTHER CIORRESPONDENCE PERTAINING TOBIDDING DOCUMENT.V. CORRECTIONS IN THE BID SHOULD BE NOTED OVER ANDINITIALED AT THE PLACE OF CORRECTIONS.VI.VII.NEGLIGENCE OF THE BIDDER IN PREPARING THE BID CONFERS NORIGHT TO WITHDRAW THE BID AFTER IT WAS OPENED.SPECIFICATIONS, CONDITIONS, SCHEDULES AND DRAWINGS OFBIDDING DOCUMENT CONSTITUTE AND INTEGRAL PART OF THEBID.VIII. ALL THE BIDS ALONGWITH ENCLOSURES,DRAWINGS ANDTECHNICAL LITERATURE SHOULD BE IN ENGLISH ONLY.IX.BIDDING DOCUMENT SHALL BE GOVERNED AND INTGERPRETEDACCORDING TO THE SYSTEM AND COMPONENTS UNDER TROPICALCONDITIONS.X. ALL THE BIDDERS SHOULD SUBMIT QUYALIFICATIONAPPLICATION IN THE GIVEN FORMATS WITH REQUIREDDOCUMENTATION.XI.BIDS SHOULD BE KEPT VALID FOR ACCEPTANCE FOR A PERIOD OF90 DAYS FROM THE DAY BIDS ARE OPENED.XII. THE BIDDING DOCUMENT SHALL BE GOVERNED ANDINTERPRETED ACCORDING TO THE LAWS OF THE UNION OF INDIA.IKIWLSignature of Bidder.


-71-XIII.ALL BIDDERS ARE URGED TO SUBMIT PROMPTLY WRITTENREQUESTS ON MATTERS WHERE CLARIFICATIONS OR ADDITIONALINFORMATION ARE DESIRED, NOT LATER THAN SEVEN DAYSBEFORE BIDS ARE DUE TO OPENING. NO EXTENSION IN DUE DATEOF SUBMISSION OF BIDS WILL BE ALLOWED ON THIS GROUND.XIV. ALL THE BIDDERS SHOULD QUOTE FOR THE ITEMS AS PER THESPECIFICATIONS AND DETAILS GIVEN IN THIS BIDDINGDOCUMENT ONLY. IN CASE, ALTERNATIVE DESIGNS ETC. ARE TOBE OFFERED BY THE BIDDERS, THEY MAY DO SO BUT THISSHOULD BE STATED SEPARATELY IN THE OFFER.IDCOL KALINGAIRON WORKS LTD RESERVES ITS RIGHT TO ACCEPT OR REJECTSUCH ALTERNATIVE OFFERS, WITHOUT ASSIGNING ANY REASONSTHEREOF TO THE BIDDERS.XV. THE BIDDERS WHO QUOTE FOR SUPERVISION ANDCOMMISSIONING OF ANY EQUIPMENT SHOULD ALSO INDICATETHE PRICES IN THE BID SEPARATELY. THE SUPERVISION OFCOMMISSIONING WOULD INCLUDE CHECKING THE INSTALLATIONAND COMMISSIONING THE PALNT TO GIVE THE RATED OUTPUT.XVI. MANAGING DIRECTOR, IDCOL KALINGA IRON WORKS LTD.RESERVES THE RIGHT TO ACCEPT OR REJECT ANY OR ALL BIDSWITHOUT ANY EXPLANATION TO BIDDERS.IKIWLSignature of Bidder

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