Book 1 of 4
Haryana State Industrial & Infrastructure Development Corporation Limited
Design, Manufacture, Supply, Erection, Testing and Commissioning of 16/20 MVA,132/11 kV transformer and bay extension at IE Rai on turnkey basis
(BOOK-1 of 4)
Instruction to bidders
& Conditions of contract
(This document is property of HSIIDC & is meant for the exclusive purpose of bidding against this specification and shall not be transferred, reproduced or otherwise used for purposes other than that for which it is specifically issued.)
Invitation For Bid
Instructions to Bidder
General Conditions of Contract
Special Conditions of Contract
Formats for Bid Guarantee, Advance Payment Bank Guarantee, Contract Performance, Technical Bid, Price Bid, Equipment Performance Bank Guarantee, etc.
Qualification information formats 1.1 to 1.17.
Section - A PRESS NOTICE
Invitation for Bid
Bids are invited from firms/agencies for the following work on turnkey basis through online bids in the website http://hsiidc.etenders.in :
Name of Work :
Estimated value :
(Rs. in Lacs)
(Rs. in Lacs)
Cost of Bid Documents (Rs.)
Date and time for bid preparation to
From 17.01 Hrs.
Upto 17.00 Hrs.
bay extension at
IE Rai on
1. The DNIT and its documents can be downloaded from the HSIIDC website http://hsiidc.org or http://hsiidc.etenders.in after making the payment of Rs.15000/- online as cost of documents
2. Pre bid meeting will be held on 20.09.2013 at 11.30 Hrs. in the Office of SE (Elect.), HSIIDC, Vanijya Nikunj, Udyog Vihar, Phase-V, Gurgaon.
3. The eligibility criterion has been defined in the bid documents.
4. For further details and e-tendering schedule visit website http://hsiidc.org / http://hsiidc.etenders.in
Superintending Engineer (Elect.), HSIIDC, Udyog Vihar, Gurgaon Tel. 0124 – 2341573
INVITATION FOR BID
Invitation for Bid
Bids are invited from firms/agencies for the following work on turnkey basis through online bids in the website http://hsiidc.etenders.in :
Name of Work :
Estimated value : (Rs. in
Bid Security (Rs. in
Cost of Bid Documents (Rs.)
Date and time for bid preparation to Hash Submission.
From 17.01 Hrs.
Upto 17.00 Hrs.
at IE Rai on
1. Bidding Documents can be downloaded online from the Portal http://hsiidc.etenders.in by the Contractors registered on the Portal.
2. Pre bid meeting will be held on 20.09.2013 at 11.30 Hrs. in the Office of Superintending Engineer (Elect.)/HSIIDC, Udyog Vihar, Gurgaon to clarify the issues and to answer questions on any matter that may be raised at that stage as stated in Clause 7.4 of ‘Instructions to Bidders’ (ITB) of the bidding document.
3. The price bids are required to be submitted on single percentage basis above or below the total DNIT Cost of electrical supply & erection, civil & structural work at the spaces provided in figure as well as in words in Book 3 of 4. In any discrepancy, the writing in words will be applicable.
4. As the Bids that are to be submitted online are required to be encrypted and digitally signed, the Bidders are advised to obtain the same at the earliest. For obtaining Digital Certificate, the Bidders may contact the representative of Next Tenders, the service Providers of Electronic Tendering System.
5. The bidders can submit their tender documents (Online) as per dates mentioned in the key dates above:
Start Date & Time
Date & Time
Online Preparation Hash
Price Envelope, Technical
Technical and Financial Lock
Price Envelope, Technical
Re-encryption of Online Bids
Price Envelope, Technical Envelope
Manual Submission BS
Open BS & Technical / PQ
6. The Bidders can download the bidding documents from the Portal. www.hsiidc.org/hsiidc.etenders.in. Tender Document Fees Rs.15000/- has to be paid online during the Bid Preparation and Hash Submission stage and Bid Security has to be submitted in a separate sealed BS envelope. The desired Contractors shall have to pay the Tender Document Fees mentioned against the work at the time of Bid Preparation and Hash Submission stage. The Bid security will have to be in any one form as specified in the Bidding Document. The BS envelope has to reach the Office of Superintending Engineer (Elect.)/HSIIDC, Udyog Vihar, Phase-V, Vanijya Nikunj, Gurgaon on or before the date as mentioned in the above table. However, as the details of
the BS are required to be filled at the time of Bid Preparation and Hash Submission stage, the Bidders are required to keep the BS ready appropriately.
7. The tender shall be submitted by the tenderer in the following three separate envelopes online:
1. Bid security/earnest money - Envelope 'BS'
2. N.I.T. and Technical Bid - Envelope 'T1'
3. Tender in Form – A (Price Bid) - Envelope 'C1'
Note: Online Bidders are required to submit the physical BS in a physical BS Envelope - ‘BS’ and any other document related to Technical Bid which cannot be submitted online in a physical Technical Envelope - ‘T1’. Price Bids are to be submitted mandatorily online and shall not be accepted in any physical form.
Reference of the BS is to be mentioned online. Also, in case of Technical Bids, the list of documents being submitted physically is to be uploaded online.
Above envelopes, as applicable, shall be kept in a big outer envelope, which shall also be sealed. In the first instance, the Envelope - 'BS' of all the Bidders containing the Earnest Money shall be opened online and physically. If the Earnest Money is found proper, the Envelope 'T1' containing Technical Bid shall be opened in the presence of such contractors who choose to be present. The Financial Offer in Envelope 'C1' shall be opened online only if the Tenderers meet the qualification criteria of the Technical Bid document. The date of opening of Financial Bid shall be fixed at the time of opening of Technical Bid.
THE CONTRACTUAL AGENCIES WILL SUBMIT THE NECESSARY DOCUMENTS AS UNDER.
Envelope ‘BS’ – Bid Security Envelope
Physical BS Envelope – The Bid Security will have to be in any one of the forms
as specified in the Bidding Document.
Online BS Envelope – Reference details of the Earnest Money Deposit
instrument and scanned copy of the Bid Security.
Envelope ‘TI’ – Technical Bid Envelope
Online Technical Envelope – All the information and scanned copies of the
Documents/Certificates as required to be submitted as per the Tender and also, the list of such documents that cannot be submitted online, if any.
Physical Technical Envelope – All the Information and Documents /
Certificates as required to be submitted as per the Tender that cannot be submitted online, if any.
In case financial bid is submitted and technical bid, Bid Security is not submitted by any bidder, and then bidder would be debarred from further tendering in HSIIDC for a period of minimum 2 years.
Envelope ‘CI’ – Price Bid Envelope
Information related to Price Bid of the Tender to be submitted mandatorily online.
The envelope marked BS shall be submitted clearly marking the name of agency and name of work. In case, need for physical submission of TI arises, the same shall also be put with envelope marked BS. Both these Envelopes ‘BS’ and ‘TI’ shall be placed in another envelope of bigger size clearly marking the name of agency & name of work. In case, the Bidders have submitted all the information and documents / certificates required as a part of Technical Bid online, physical Envelope ‘TI’ shall not be required. Envelope ‘TI’ will be only opened if the Contractual Agency full fills conditions in Envelope ‘BS’.
The Contractual Agencies can submit their tender documents (physical and online) as per the dates mentioned in the Key Dates above
1) DNIT & qualifying criteria can be seen on any working day during office hours in office of the undersigned.
2) Conditional tenders will not be entertained & liable to be rejected.
3) In case of the day of opening of tenders happens to be holiday, the tenders will be opened on the next working day. The time and place of receipt of tenders and other conditions will remain unchanged.
4) The undersigned reserve the right to reject any tender or all the tenders without assigning any reason.
5) The tender without earnest money will not be opened.
6) The jurisdiction of court will be at Gurgaon.
7) The tender of the bidders who does not satisfy the qualification criteria in the bid documents are liable to be rejected, summarily without arising any reason and no claim whatsoever on this account will be considered.
8) The bid for the work shall remain open for acceptance during the bid validity period to be reckoned from the last date of ‘manual submission of (Technical) documents & BS. If any bidder / tenderer withdraws his bid / tender before the said period or makes any modifications in the terms and conditions of the bid, the said earnest money shall stand forfeited. Bids would require being valid for 120 days from the date of bid closing i.e. from last date of manual submission of (Technical) documents & BS. In case the last date of accept the tender happens to be a holiday, validity to accept tender will be next working day.
9) If the agency submitted financial bids through e-tendering but fails to submit either security or the technical bid or both, then the agency will be debarred from further e-tendering in HSIIDC for two years.
Superintending Engineer (Elect.), HSIIDC, Udyog Vihar, Gurgaon
A copy of above is forwarded to the following for information and wide publicity:
1. The General Manager (IA), HSIIDC, Panchkula.
2. All Branch In charges of HSIIDC
3 All approved Contractors of HSIIDC (Through Registered Post).
4. The Deputy Commissioner, Gurgaon.
5. Notice Board.
Section B - Instructions to Bidders
1. SCOPE OF BID
1.1. In connection with the Invitation for Bids indicated in the Bid Data Sheet (BDS), the HSIIDC, issues this Bidding Document for the procurement of plant and services as specified in Book-2 Technical Requirements. The name, identification, and number of lots (contracts) of the Domestic Competitive Bidding (DCB) are provided in the BDS.
1.2. Unless otherwise stated, throughout this Bidding Document definitions and interpretations shall be as prescribed in Section C of Book-1 (General Conditions of Contract).
2. SOURCES OF FUND
2.1. The project is being funded internally by Haryana State Industrial & Infrastructure Development Corporation Limited.
3. CORRUPT PRACTICES
3.1. The intent is to observe the highest standard of ethics during the procurement and execution of such contracts. In pursuance of this policy, the HSIIDC.
(a) Defines, for the purposes of this provision, the terms set forth below as follows:
I. "Corrupt practice” means the offering, giving, receiving, or soliciting, directly or indirectly, anything of value to influence improperly the actions of another party.
II. Fraudulent practice means any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation;
III. “Coercive practice” means impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party;
IV. “Collusive practice” means an arrangement between two or more parties designed to achieve an improper purpose, including influencing improperly the actions of another party;
(b) Will reject a proposal for award if it determines that the bidder recommended for award has, directly or through an agent, engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract; and
(c) Will sanction a party or its successor, including declaring ineligible, either indefinitely or for a stated period of time, to participate in HSIIDC-financed activities if it at any time determines that the firm has, directly or through an agent, engaged in corrupt, fraudulent, collusive, or coercive practices in competing for, or in executing, an HSIIDC- financed contract.
4. ELIGIBLE BIDDERS
4.1. A Bidder may be a private entity or a government-owned entity meeting the eligible qualifying criterion.
(a) No Joint Venture is allowed for participation in this Bid
(b) Bidder who meets the qualifying criterion as defined in SCC Clause No. 12.0 & 12.1. are only eligible for participation.
4.2. A Bidder may be considered to be in a conflict of interest with one or more parties in this bidding process if, including but not limited to:
(a) They have controlling partners in common; or
(b) They receive or have received any direct or indirect subsidy from any of them; or
(c) They have the same legal representative for purposes of this bid; or
(d) They have a relationship with each other, directly or through common third parties, that puts them in a position to have access to information about or influence on the bid of another Bidder, or influence the decisions of the HSIIDC regarding this bidding process; or
(e) A Bidder participates in more than one bid in this bidding process. Participation by a Bidder in more than one Bid will result in the disqualification of all Bids in which it is involved. However, this does
not limit the inclusion of the same subcontractor, not otherwise participating as a Bidder, in more than one bid; or
(f) A Bidder or any of its affiliates participated as a consultant in the preparation of the design or technical specifications of the plant and services that are the subject of the bid.
4.3. A firm that is under a declaration of ineligibility by the HSIIDC in accordance with ITB 3, or by the HSIIDC in accordance with ITB 21.7, at the date of the deadline for bid submission or thereafter, shall be
4.4. Bidders shall provide such evidence of their continued eligibility satisfactory to the HSIIDC, as the HSIIDC shall reasonably request.
4.5. In case a prequalification process has been conducted prior to the bidding process, this bidding is open only to prequalified Bidders.
5. ELIGIBLE PLANT AND SERVICES
5.1. For purposes of ITB above, “origin” means the place where the plant, or component parts thereof are mined, grown, produced or manufactured, and from which the services are provided. Plant components are produced when, through manufacturing, processing, or substantial or major assembling of components, a commercially recognized product results that is substantially different in its basic characteristics or in purpose or utility from its components.
B – Contents of Bidding Document
6. SECTIONS OF BIDDING DOCUMENT
6.1. The Bidding Document consists of four Books, Book 1, 2, 3 & 4 which include all the Sections indicated below, and should be read in conjunction with any Addenda issued in accordance with ITB 8.
BOOK-1 of 3 ITB & Conditions of Contract BOOK-2 of 3 Technical Requirements BOOK-3 of 3 Bill of Quantities
- Electrical (Book 3A)
- Civil (Book 3B)
6.2. The Invitation for Bids issued by the HSIIDC is not part of the Bidding Document.
6.3. The HSIIDC is not responsible for the completeness of the Bidding Document and its addenda, if they were not obtained directly from the source stated by the HSIIDC in the Invitation for Bids.
6.4. The Bidder is expected to examine all instructions, forms, terms, and specifications in the Bidding Document. Failure to furnish all information or documentation required by the Bidding Document may result in the rejection of the bid.
7. CLARIFICATION OF BIDDING DOCUMENT, SITE VISIT, PRE-BID MEETING
7.1. A prospective Bidder requiring any clarification of the Bidding Document shall contact the office address indicated in the BDS or raise his enquiries during the pre-bid meeting if provided for in accordance with ITB 7.4. The HSIIDC will respond to any request for clarification, provided that such request is received no later than twenty-one (21) days prior to the deadline for submission of `bids. The HSIIDC‘s response shall be in writing with copies to all Bidders who have acquired the Bidding Document in accordance with ITB 6.3, including a description of the inquiry but without identifying its source. Should the HSIIDC deem it necessary to amend the Bidding Document as a result of a request for clarification, it shall do so following the procedure under ITB 8 and ITB 23.2.
7.2. The Bidder is advised to visit and examine the site where the plant is to be installed and its surroundings and obtain for itself on its own responsibility all information that may be necessary for preparing the bid and entering into a contract for the provision of plant and services. The costs of visiting the site shall be at the Bidder‘s own expense.
7.3. The Bidder and any of its personnel or agents will be granted permission by the HSIIDC to enter upon its premises and lands for the purpose of such visit, but only upon the express condition that the Bidder, its personnel, and agents will release and indemnify the HSIIDC and its personnel and agents from and against all liability in respect thereof, and will be responsible for death or personal injury, loss of or damage to property, and any other loss, damage, costs, and expenses incurred as a result of the inspection.
7.4. The Bidder‘s designated representative is invited to attend a pre-bid meeting, if provided for in the BDS. The purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage.
7.5. The Bidder is requested, as far as possible, to submit any questions in writing, to reach the HSIIDC not later than one week before the pre-bid meeting.
7.6. Minutes of the pre-bid meeting, including the text of the questions raised, without identifying the source, and the responses given, together with any responses prepared after the meeting, will be transmitted promptly to all Bidders who have acquired the Bidding Document in accordance with ITB
6.3. Any modification to the Bidding Document that may become necessary as a result of the pre-bid meeting shall be made by the HSIIDC exclusively through the issue of an Addendum pursuant to ITB 8 and not through the minutes of the pre-bid meeting.
7.7. Nonattendance at the pre-bid meeting will not be a cause for disqualification of a Bidder.
8. AMENDMENT OF BIDDING DOCUMENT
8.1. At any time prior to the deadline for submission of bids, the HSIIDC may amend the Bidding Document by issuing addenda.
8.2. Any addendum issued shall be part of the Bidding Document and shall be communicated in writing to all who have obtained the Bidding Document from the HSIIDC in accordance with ITB 6.3.
8.3. To give prospective Bidders reasonable time in which to take an addendum into account in preparing their bids, the HSIIDC may, at its discretion, extend the deadline for the submission of bids, pursuant to ITB 23.2
C. PREPARATION OF BIDS
9. COST OF BIDDING
9.1. The Bidder shall bear all costs associated with the preparation and submission of its Bid, and the HSIIDC shall not be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process.
10. LANGUAGE OF BID
10.1. The Bid, as well as all correspondence and documents relating to the bid exchanged by the Bidder and the HSIIDC, shall be written in the English language.
11. DOCUMENTS COMPRISING THE BID
11.1. The Bid shall comprise three envelopes submitted simultaneously one for earnest money deposit, second called the Technical Bid containing the documents listed in ITB 11.3 and the third the Price Bid containing the documents listed in ITB 11.4, all three envelopes enclosed together in an outer single envelope.
11.2. Bids without EMD of required amount in prescribed forum will not be entertained for further opening process.
11.3. The Technical Bid submitted by the Bidder shall comprise the following:
a) Bid Security or Bid Securing Declaration, in accordance with ITB 21;
b) Letter of Technical Bid.
e) Documentary evidence in accordance with ITB 15 establishing the Bidder‘s eligibility and qualifications to perform the contract if its Bid is accepted. The information shall be supplied as per Qualification Information formats 1.1 to 1.11 given in section F of Book -1 of 4.
f) Technical Proposal in accordance with ITB 17. The information shall be supplied as per Qualification Information formats 1.12 to 1.15 given in section F of Book -1 of 4.
g) Documentary evidence establishing in accordance with ITB 16 that the plant and services offered by the Bidder conform to the Bidding Document. All the bidders are requested to fill in the GTPs as a part of this bid the bids that are found without GTPs or incomplete GTPs are liable to be rejected. However, the technical bids will not be evaluated
if the GTP’s of major equipments are not included. Bidders are requested to necessarily attach the complete GTP’s for the following items in the format described in Section –E of Book -2 of 4.
(1) Power Transformers 132/11 kV.
(2) Control & relay panels 132 kV and SCADA
(3) Circuit Breakers
(5) Current Transformers & Capacitor Banks
(6) Indoor Switchgear
h) Any other document required in the BDS.
i) Technical deviations statement, if any.
11.4. The Price Bid submitted by the Bidder shall comprise the following:
a. Letter of Price Bid;
b. Completed schedules as required, including Price Schedules (specified in BOQ), in accordance with ITB 18 and
12. LETTER OF BID AND SCHEDULES
12.1. The Letters of Technical Bid and Price Bid, and the Schedules, and all documents listed under ITB 11, shall be prepared using the relevant forms furnished in Bidding Forms. The forms must be completed without any alterations to the text, and no substitutes shall be accepted. All blank spaces shall be filled in with the information requested.
13. REVISION IN BIDS
14. DOCUMENTS ESTABLISHING THE ELIGIBILITY OF PLANTS AND SERVICES
14.1. To establish the eligibility of the plant and services in accordance with ITB Clause 5,
15. DOCUMENTS ESTABLISHING THE ELIGIBILITY AND QUALIFICATION OF THE BIDDER
15.1. To establish its eligibility and qualifications to perform the Contract in accordance with Special Conditions of Contract Clause 12.0 and 12.1.
16. DOCUMENTS ESTABLISHING CONFORMITY OF THE PLANT AND SERVICES
16.1. The documentary evidence of the conformity of the plant and services to the Bidding Document may be in the form of literature, drawings and data, and shall furnish:
(a) Detailed description of the essential technical and performance characteristics of the plant and services, including the functional guarantees of the proposed plant and services, in response to the Specification;
(b) A list giving full particulars, including available sources, of all spare parts, special tools, etc. necessary for the proper and continuing functioning of the plant for the period named in the BDS, following completion of plant and services in accordance with provisions of contract; and
(c) A commentary on the HSIIDC‘s Specification and adequate evidence demonstrating the substantial responsiveness of the plant and services to those specifications. Bidders shall note that standards for workmanship, materials and equipment designated by the HSIIDC in the Bidding Document are intended to be descriptive (establishing standards of quality and performance) only and not restrictive. The Bidder may substitute alternative standards, brand names and/or catalog numbers in its bid, provided that it demonstrates to the HSIIDC‘s satisfaction that the substitutions are substantially equivalent or superior to the standards designated in the Specification.
16.2. In order to facilitate evaluation of Technical Bids, deviations, if any, from the terms and conditions or Specification shall be listed as indicated in ITB 18.2.
17. TECHNICAL PROPOSAL, SUBCONTRACTORS
17.1. The Bidder shall furnish a Technical Proposal including a statement of work methods, equipment, personnel, and schedule in sufficient detail to demonstrate the adequacy of the Bidders ‘proposal to meet the work requirements and the completion time.
17.2. For major items of plant and services which the Bidder intends to purchase or subcontract, the Bidder shall give details of the name and
nationality of the proposed Subcontractors, including manufacturers, for each of those items. In addition, the Bidder shall include in its bid information establishing compliance with the requirements specified by the HSIIDC for these items. Bidders are free to list more than one Subcontractor against each item of the plant and services. Quoted rates and prices will be deemed to apply to whichever Subcontractor is appointed, and no adjustment of the rates and prices will be permitted.
17.3. The Bidder shall be responsible for ensuring that any Subcontractor proposed complies with the requirements of ITB 4, and that any plant, or services to be provided by the Subcontractor comply with the requirements of ITB 5 and ITB 15.1
18. BID PRICES AND DISCOUNTS
18.1. Unless otherwise specified in the BDS and/or HSIIDC’s Requirements, bidders shall quote for the entire plant and services on a “single responsibility basis” such that the total bid price covers all the Contractor‘s obligations mentioned in or to be reasonably inferred from the bidding document in respect of the design, manufacture, including procurement and subcontracting (if any), delivery, construction, installation and completion of the plant. This includes all requirements under the Contractor‘s responsibilities for testing, pre-commissioning and commissioning of the plant and, where so required by the bidding document, the acquisition of all permits, approvals and licenses, etc.; the operation, maintenance and training services and such other items and services as may be specified in the Bidding Document, all in accordance with the requirements of the General Conditions. Items against which no price is entered by the Bidder will not be paid for by the HSIIDC when executed and shall be deemed to be covered by the prices for other items. Prices shall be quoted only on percentage basis both for civil and electrical works and the price breakup given in the DNIT will be treated as final. If any bidder submits item-wise price breakup other than mentioned in the bid that will not be considered.
18.2. Prices shall be quoted only on percentage basis, both for civil/ structural and electrical works and the price breakup given in the DNIIT will be treated as final. If any bidder submits item-wise price breakup other than mentioned in the bid that will not be considered.
18.3. Bidders are required to quote the price for the commercial, contractual and technical obligations outlined in the bidding document. The Bidder shall also provide the additional price if any, for withdrawal of the deviation.
18.4. Bidders shall give proper information regarding Price Schedule and Bill of Quantities.
18.5. The prices shall be either fixed or adjustable as specified in the BDS.
a) In the case of Fixed Price, prices quoted by the Bidder shall be fixed during the Bidder‘s performance of the contract and not subject to variation on any account. A bid submitted with an adjustable price quotation will be treated as non responsive and rejected.
b) In the case of Adjustable Price, prices quoted by the Bidder shall be subject to adjustment during performance of the contract to reflect changes in the cost elements such as labor, material, transport and contractor‘s equipment in accordance with the acceptable procedures. A bid submitted with a fixed price quotation will If so indicated in BDS 1.1, bids are being invited for individual lots (contracts) or for any combination of lots (packages). Bidders wishing to offer any price reduction (discount) for the award of more than one contract shall specify in their Letter of Price Bid the price reductions applicable to each package, or alternatively, to individual contracts within the package, and the manner in which the price reductions will apply.
18.6. If so indicated in BDS 1.1, bids are being invited for individual lots (contracts) or for any combination of lots (packages). Bidders wishing to offer any price reduction (discount) for the award of more than one contract shall specify in their Letter of Price Bid the price reductions applicable to each package, or alternatively, to individual contracts within the package, and the manner in which the price reductions will apply.
19. CURRENCIES OF BID AND PAYMENT
19.1 The currency (ies) of the bid shall be in Indian (Rupees).
19.2 Bidders shall indicate in the Schedule of Prices (specified in BOQ) and the Letter of Bid the portion of the bid price that corresponds to expenditures incurred in Indian Currency (Rupees).
20. PERIOD OF VALIDITY OF BIDS
20.1. Bids shall remain valid for the period of 120 days after the bid submission deadline date prescribed by the HSIIDC. A bid valid for a shorter period shall be rejected by the HSIIDC as non responsive.
20.2. In exceptional circumstances, prior to the expiration of the bid validity period, the HSIIDC may request Bidders to extend the period of validity of their bids. The request and the responses shall be made in writing. If a bid
security is requested in accordance with ITB 21, it shall also be extended for a corresponding period. A Bidder may refuse the request without forfeiting its bid security. A Bidder granting the request shall not be required or permitted to modify its bid.
21. BID SECURITY
21.1. Unless otherwise specified in the BDS, the Bidder shall furnish as part of its bid, in original form, bid security as specified in the BDS.
21.2. The bid security shall be in the shape demand draft or bank guarantee issued from a scheduled/nationalized bank, in favour of Haryana State Industrial Development Corporation Limited payable at Gurgaon.
21.3. If a bid security is specified, any bid not complying with ITB 21.1 and ITB 21.2, shall be rejected by the HSIIDC as non responsive.
21.4. If a bid security is specified pursuant to ITB 21.1, the bid security of the successful Bidder shall be returned as promptly as possible once the successful Bidder has signed the Contract and furnished the required performance security.
21.5. If a bid security is specified pursuant to ITB 21.1, the bid security of unsuccessful Bidders shall be returned as promptly as possible upon the successful Bidder‘s furnishing of the performance security pursuant to ITB 41.
21.6. The bid security may be forfeited:
(a) If a Bidder withdraws its bid during the period of bid validity specified by the Bidder on the Letter of the Bid Form, except as provided in ITB
(b) If the successful Bidder fails to:
(i) Sign the Contract in accordance with ITB 40;
(ii) Furnish a performance security in accordance with ITB 41.
21.7. If a bid securing declaration is executed in accordance with ITB 21.1, the HSIIDC will declare the Bidder ineligible to be awarded a contract by the HSIIDC for the period of time stated in the Form of Bid Securing Declaration.
D. SUBMISSION AND OPENING OF BIDS
22. Guidelines to e-tendering.
22.1 These conditions will overrule the conditions stated in the tender documents, wherever relevant and applicable.
22.2 Registration of Contractors on HSIIDC’s website http://hsiidc.etenders.in.
All the Contractors register with HSIIDC, intending to buy the tender document online are required to register for Electronic Tendering on the website- http://hsiidc.etenders.in order to participate in the tenders located using the Electronic System.
The Contractors registered with other Departments who are also eligible to participate in the Tenders process by HSIIDC, are also required to be registered on the Electronic Tendering System in GENERAL category.
For more details, please see the information in Registration Info link on the Home Page.
22.3 Obtaining a Digital Certificate:
The Bids required to be submitted online should be signed electronically with a Digital Certificate to establish the identity of the Bidder, bidding online. These Digital Certificates are issued by an approved Certifying Authority, authorized by the Controller of Certifying Authorities, Government of India.
A Digital Certificate is issued upon receipt of mandatory identity proofs and verification letters attested by the banker with whom the contractor maintains the account with. Only upon the receipt of the required documents, a Digital Certificate can be issued.
The registered contractors may obtain Class – II B Digital Certificates from any Certifying Authority or Sub-Certifying Authority authorised by the Controller of Certifying Authorities or may obtain information and application format and documents required to issue of digital certificate from:
1.a NexTender (India) Pvt. Ltd. Yuchit, Juhu Tara Road, Mumbai-400049
1.b NexTender (India) Pvt. Ltd. Old PWD (B&R) Haryana
Nirman Sadan Building (Basement) Plot No. 1, Dakshan Marg,
Sector-33A, Chandigarh – 160020
Email : email@example.com for Technical Assistance at Gurgaon :
Mr. Sanjay Kumar, Cell No. +91 8743042801 for Technical Assistance at Rohtak :
Mr. Kapil Ghai, Cell No. + 91 9255125260
2. The registered contractors may obtain the digital certificates from any other Certifying Authority of Sub-certifying Authority authorised by the Controller of Certifying Authorities., Government of India.
Bid for a particular Tender may be submitted only using the Digital Certificate, which is used to encrypt the data and sign the hash during the stage of Bid Preparation and Hash Submission. In case, during the process of a particular Tender, the Authorised User looses his / her Digital Certificate (i.e. due to virus attack, hardware problem, operating system problem); he / she may not be able to submit the Bid online. Hence, the Authorised User is advised to back up his / her Digital Certificate and keep the copies at safe place under proper security to be used in case of emergencies.
In case of online tendering, if the Digital Certificate issued to the Authorised User of a Firm is used for signing and submitting a Bid, it will be considered equivalent to a no-objection certificate / power of attorney to that User. A Firm has to authorize a specific Individual via an Authorisation Certificate / Letter signed by the majority of the Partners to use the Digital Certificate as per Indian Information Technology Act 2000. Unless the Digital Certificate is revoked, it will be assumed to represent adequate authority of the Authority User to bid on behalf of the Firm for the Tenders processed by the HSIIDC as per Information Technology Act 2000. The Digital Signature of this Authorized User will be binding on the Firm. It shall be the responsibility of Partners of the Firm to inform the Certifying Authority or Sub Certifying Authority, if the Authorized User changes, and apply for a fresh Digital Certificate and issue an Authorization Certificate for the new Authorised User. The procedure for application of a Digital Certificate will remain the same for the new Authorised User.
The same procedure holds true for the Authorized Users in a Private / Public Limited Company. In this case, the Authorisation Certificate will have to be signed by the Directors of the Company.
22.4 Opening of an Electronic Payment Account:
For purchasing the tender documents online, contractors are required to pay the tender document fees online using the electronic payments gateway service as mentioned in the Bid Documents.
Following modes of electronic payments are accepted on the electronic tendering system.
a) Credit Cards – Electronic Credit Card Transactions through the following Credit Card types are supported: Master Card / VISA / American Express / Diners Club International / JCB Cards / Citibank E- Cards.
b) Internet Banking– Electronic Internet Banking Transactions through Internet Banking Accounts of the following Banks are supported: HDFC Bank / Citi Bank / ICICI Bank / IDBI Bank / UTI Bank / Oriental Bank of Commerce – Global Trust Bank / Federal Bank / Centurion Bank of Punjab Limited / IndusInd Bank / Kotak Mahindra Bank / Punjab National Bank.
22.5 Set up of Machine
In order to operate on the electronic tender management system, a user’s machine is required to be setup. A help file on setting up of the system can be obtained from NexTender (India) Pvt. Ltd. Or downloaded from the home page of the website http://hsiidc.etenders.in
22.6 Online Viewing of Detailed Notice Inviting Tenders:
The Contractors can view the detailed Notice Inviting Tenders and the detailed Time Schedule (Key Dates) for all the packages processed by HSIIDC using the Electronic Tendering System on the http://hsiidc.etenders.in
22.7 Purchase of Tender Documents
a) Online Purchase/Download of Tender Document: The tender documents can only be downloaded from the electronic tendering website – “http://hsiidc.etenders.in in after logging in with a valid Username and Password or from HSIIDC website http://hsiidc.org It is to be noted that it is mandatory that the tender document is download from the electronic tendering website to be able to submit electronic bids. The payment of the Tender Document fee has to be made before preparation and submission of bid. The last date of the submission of Tender Document Fee is as indicated in Detailed Notice Inviting Bids.
22.8 Clarification of Bidding Documents and Pre-bid Meeting
22.9 In case online Query processing facility of online bidding is functional:
Prospective bidder should notify the Employer through the query processing facility available online set up to the date and time indicated in the Notice Inviting Tender. In Such case, the copies of the employer response will be displayed on line including a description of the enquiry, but without identifying its source.
Prospective bidders can participate in the pre-bid meeting using the Query processing facility available online.
Prospective bidders can use the Query processing facility available on-line to do so but not later than one week before the meeting.
Responses given will be displayed online without delay.
22.10 Submission of Bid Seal (Hash) of Online Bids:
Submission of Bids will be preceded by submission of the digitally signed Bid Seals (Hashes) as stated in the Tender Time Schedule (Key Dates) published in Detailed Notice Inviting Bids.
The information related to bids should be filled in or uploaded in the available templates under each envelope. After filing templates/uploading documents online, the hash of each envelope is required to be generated and digitally signed by a digital certificate of the person duly authorised to sign on behalf of the bidder.
22.11 Generation of Super Hash:
After the expiry of the time of submission of digitally signed Bid Seals (Hashes) by the Contractors, has lapsed, the bid round will be closed and a digitally signed Tender Super Hash will be generated by the authorised Official of HSIIDC. This is equivalent to sealing the Tender Box.
22.12 Submission of actual online Bids:
Contractors have to submit their encrypted Bids online and upload the relevant documents for which they generated the respective Hashes during the stage of Bid Preparation and Hash Submission after the generation of Super Hash within the date and time as stated in the Detailed Notice Inviting Bids (Key Dates). The Electronic Bids of only the
Contractors who have submitted their Bid Seals (Hashes) within the stipulated time, as per the Tender Time Schedule (Key Dates), will be accepted by the Electronic Tendering System. A Contractor who does not submit his Bid Seals (Hashes) within the stipulated time will not be allowed to submit his Bid.
Note: The bidder shall fill/upload the information related to bids in the available templates under two separate envelopes marked “TI” and “CI”. After filling templates/uploading documents online, the hash of each envelope is required to be generated and to be digitally signed. The documents that can not be submitted online should be submitted as in manual Bids in the relevant physical envelopes. The physical envelops should be submitted before the end time and date of the stage – ‘Re- encryption and Submission of Bid Data’ as indicated in the Notice Inviting Tenders. In case of online Bids, no information related to “Financial Bid” shall be accepted manually.
22.13 Submission of Cost of Bid Documents and Bid Security:
Contractor has to submit cost of bid document online for Rs. 15,000/- .
Bid Security in the form as prescribed in Clause 16 of Section – I (ITB) of bid document is to be delivered in a sealed envelope to the officer well in stipulated time as prescribed in list of important dates.
22.14 Opening of Electronic Bids:
Electronic bid of contractors, whose cost of bid document and bid security have been received before stipulated time, will only be opened.
The online bid data will be taken opened through the website http://hsiidc.etenders.in. The hashes of each bid will be matched with the hash generated and submitted during the state – “Bid preparation and Hash Submission’. In the event of a mismatch, the bid in question will be liable for a due process of verification by HSIIDC.
22.13 Key Dates:
The contractors are strictly advised to follow dates and times as indicated in the Detailed Notice Inviting Bids. The date and time as indicated in the top-right of the web-page is the system time and will be binding on all contractors. All online activities are time tracked and the system enforces time-locks that ensure that no activity or transactions can take place outside the start and end dates and time of the stage as defined in the Notice Inviting Tenders.
22.16. Online query system is not functional for this package.
22.17. In case there is any contradiction in tender process then instruction contained guidelines to e-tendering will prevail.
23. Deadline for Submission of the Bids
23.1 Complete Bids (including technical and financial) must be received by the Employer at the address specified above not later than the date indicated in appendix. In the event of the specified date for the submission of bids declared a holiday for the Employer, the Bids will be received upto the appointed time on the next working day.
23.2 The Employer may extend the deadline for submission of bids by issuing an amendment in accordance with Clause 10, in which case all rights and obligations of the Employer and the bidders previously subject to the original deadline will then be subject to the new deadline.
24. LATE BIDS
24.1 The HSIIDC shall not consider any bid that arrives after the deadline for submission of bids, in accordance with ITB 23 Any bid received by the HSIIDC after the deadline for submission of bids shall be declared late, rejected, and returned unopened to the Bidder.
25. BID OPENING
25.1 The HSIIDC shall conduct the opening of Technical Bids in the presence of Bidders` designated representatives who choose to attend, and at the address, date and time specified in the BDS. The Price Bids will remain unopened and will be held in custody of the HSIIDC until the specified time of their opening.
25.2 First, envelopes marked” WITHDRAWAL” shall be opened and read out and the envelope with the corresponding bid shall not be opened, but returned to the Bidder. No bid withdrawal shall be permitted unless the corresponding withdrawal notice contains a valid authorization to request the withdrawal and is read out at bid opening.
25.3 All other envelopes holding the Technical Bids shall be opened one at a time, and the following read out and recorded:
(a) The name of the Bidder;
(b) Whether there is a modification or substitution;
(c) The presence of a Bid Security, if required; and
(d) Any other details as the HSIIDC may consider appropriate.
Only Technical Bids and alternative Technical Bids read out and recorded at bid opening shall be considered for evaluation. No Bid shall be rejected at the opening of Technical Bids except for late bids, in accordance with ITB Sub-Clause 24.1.
25.1 The HSIIDC shall prepare a record of the opening of Technical Bids that shall include, as a minimum: the name of the Bidder and whether there is a withdrawal, substitution, or modification; and alternative proposals; and the presence or absence of a bid security or a bid securing declaration, if one was required. The Bidders’ representatives who are present shall be requested to sign the record. The omission of a Bidder‘s signature on the record shall not invalidate the contents and effect of the record.
25.2 At the end of the evaluation of the Technical Bids, the HSIIDC will invite bidders who have submitted substantially responsive Technical Bids and who have been determined as being qualified for award to attend the opening of the Price Bids. The date, time, and location of the opening of Price Bids will be advised in writing by the HSIIDC. Bidders shall be given reasonable notice of the opening of Price Bids.
25.3 The HSIIDC will notify Bidders in writing who have been rejected on the grounds of their Technical Bids being substantially non-responsive to the requirements of the Bidding Document. No bidding document will be returned.
25.4 The HSIIDC shall conduct the opening of Price Bids of all Bidders who submitted substantially responsive Technical Bids, in the presence of Bidders` representatives who choose to attend at the address, date and time specified by the HSIIDC. The Bidder‘s representatives who are present shall be requested to sign a register evidencing their attendance.
25.5 All envelopes containing Price Bids shall be opened one at a time and the following read out and recorded:
a) The name of the Bidder;
b) Whether there is a modification or substitution;
c) The Bid Prices, including any discounts and alternative offers; and
d) Any other details as the HSIIDC may consider appropriate.
Only Price Bids discounts, and alternative offers read out and recorded during the opening of Price Bids shall be considered for evaluation. No Bid shall be rejected at the opening of Price Bids.
25.6 The HSIIDC shall prepare a record of the opening of Price Bids that shall include, as a minimum: the name of the Bidder, the Bid Price (per lot if applicable), any discounts, and alternative offers. The Bidders’ representatives who are present shall be requested to sign the record. The omission of a Bidder‘s signature on the record shall not invalidate the contents and effect of the record.
E. EVALUATION AND COMPARISON OF BIDS
26.1 Information relating to the evaluation of bids and recommendation of contract award, shall not be disclosed to Bidders or any other persons not officially concerned with such process until information on Contract award is communicated to all Bidders.
26.2 Any attempt by a Bidder to influence the HSIIDC in the evaluation of the bids or Contract award decisions may result in the rejection of its bid.
26.3 Notwithstanding ITB 26.2, from the time of bid opening to the time of Contract award, if any Bidder wishes to contact the HSIIDC on any matter related to the bidding process, it should do so in writing.
27 CLARIFICATION OF BIDS
27.1 To assist in the examination, evaluation, and comparison of the Technical and Price Bids, and qualification of the Bidders, the HSIIDC may, at its discretion, ask any Bidder for a clarification of its bid. Any clarification submitted by a Bidder that is not in response to a request by the HSIIDC shall not be considered. The HSIIDC‘s request for clarification and the response shall be in writing. No change in the substance of the Technical Bid or prices in the Price Bid shall be sought, offered, or permitted, except to confirm the correction of arithmetic errors discovered by the HSIIDC in the evaluation of the bids, in accordance with ITB 34.
27.2 If a Bidder does not provide clarifications of its bid by the date and time set in the HSIIDC‘s request for clarification, its bid may be rejected.
28 DEVIATION, RESERVATION AND OMISSIONS
28.1 During the evaluation of bids, the following definitions apply:
(a) “Deviation” is a departure from the requirements specified in the Bidding Document;
(b) “Reservation” is the setting of limiting conditions or withholding from complete acceptance of the requirements specified in the Bidding Document and
(c) “Omission: is the failure to submit part or all the information or documentation required in the Bidding Document.
29 PRELIMINARY EXAMINATION OF TECHNICAL BIDS
29.1 The HSIIDC shall examine the Technical Bid to confirm that all documents and technical documentation requested in ITB Sub-Clause 11.2 have
been provided, and to determine the completeness of each document submitted. If any of these documents or information is missing, the Bid may be rejected.
29.2 The HSIIDC shall confirm that the following documents and information have been provided in the Technical Bid. If any of these documents or information is missing, the offer shall be rejected.
(a) Letter of Technical Bid;
(b) Written confirmation of authorization to commit the Bidder;
(c) Bid Security, if applicable; and
(d) Technical Proposal in accordance with ITB 17.
30 RESPONSIVENESS OF TECHNICAL BID
30.1 The HSIIDC‘s determination of a bid‘s responsiveness is to be based on the contents of the bid itself, as defined in ITB11.
30.2 A substantially responsive Technical Bid is one that meets the requirements of the Bidding Document without material deviation, reservation, or omission. A material deviation, reservation, or omission is one that,
(a) If accepted, would:
(1) Affect in any substantial way the scope, quality, or performance of the plant and services specified in the Contract; or
(2) Limit in any substantial way, inconsistent with the Bidding Document, the HSIIDC‘s rights or the Bidder‘s obligations under the proposed Contract; or
(b) If rectified, would unfairly affect the competitive position of other Bidders presenting substantially responsive bids.
30.3 The HSIIDC shall examine the technical aspects of the Bid submitted in accordance with ITB 17, Technical Proposal, in particular to confirm that all HSIIDC’s Requirements have been met without any material deviation or reservation.
30.4 If a bid is not substantially responsive to the requirements of the Bidding Document, it shall be rejected by the HSIIDC and may not subsequently be made responsive by correction of the material deviation, reservation, or omission.
31 NONMATERIAL NONCONFORMITIES
31.1 Provided that a Bid is substantially responsive, the HSIIDC may waive any nonconformity in the bid that do not constitute a material deviation, reservation or omission.
31.2 Provided that a Bid is substantially responsive, the HSIIDC may request that the Bidder submit the necessary information or documentation, within a reasonable period of time, to rectify nonmaterial nonconformities in the Bid related to documentation requirements. Requesting information or documentation on such nonconformities shall not be related to any aspect of the Price Bid. Failure of the Bidder to comply with the request may result in the rejection of its Bid.
31.3 Provided that a Bid is substantially responsive, the HSIIDC shall rectify nonmaterial nonconformities related to the Bid Price. To this effect, the Bid Price shall be adjusted, for comparison purposes only, to reflect the price of a missing or non-conforming item or component.
32 DETAILED EVALUATION OF TECHNICAL BIDS
32.1 The HSIIDC will carry out a detailed technical evaluation of the bids not previously rejected as being substantially non-responsive, in order to determine whether the technical aspects are in compliance with the Bidding Document. In order to reach such a determination, the HSIIDC will examine and compare the technical aspects of the bids on the basis of the information supplied by the bidders, taking into account the following:
(a) Overall completeness and compliance with the HSIIDC’s Requirements; deviations from the HSIIDC’s Requirements; conformity of the plant and services offered with specified performance criteria; suitability of the plant and services offered in relation to the environmental and climatic conditions prevailing at the site; and quality, function and operation of any process control concept included in the bid. The bid that does not meet minimum acceptable standards of completeness, consistency and detail will be rejected for non-responsiveness;
(b) Type, quantity and long-term availability of mandatory and recommended spare parts and maintenance services; and
32.2 Where alternative technical solutions have been allowed in accordance with ITB 13, and offered by the Bidder, the HSIIDC will make a similar evaluation of the alternatives. Where alternatives have not been allowed but have been offered, they shall be ignored.
33 ELIGIBILITY QUALIFICATION OF THE BIDDER
33.1 The HSIIDC shall determine to its satisfaction during the evaluation of Technical Bids whether a Bidder meets the eligibility and qualifying criteria specified in SCC Clause 12.1.
33.2 The determination shall be based upon an examination of the documentary evidence of the Bidder‘s qualifications submitted by the Bidder, pursuant to ITB 15.
33.3 An affirmative determination shall be a prerequisite for the opening and evaluation of a Bidder‘s Price Bid. A negative determination shall result into the disqualification of the Bid, in which event the HSIIDC shall return the unopened Price Bid to the Bidder.
33.4 The participation of manufacturers and subcontractors should be confirmed with a letter of intent between the parties, as needed. Should a manufacturer or subcontractor be determined to be unacceptable, the Bid will not be rejected, but the Bidder will be required to substitute an acceptable manufacturer or subcontractor without any change to the bid price. Prior to signing the Contract, Contract Agreement shall be completed, listing the approved manufacturers or subcontractors for each item concerned.
34 CORRECTION OF ARITHMETICAL ERRORS
34.1 During the evaluation of Price Bids, the HSIIDC shall correct arithmetical errors on the following basis:
(a) Where there are errors between the total of the amounts given under the column for the price breakdown and the amount given under the Total Price, the former shall prevail and the latter will be corrected accordingly;
(b) If there is a discrepancy between words and figures, the amount in words shall prevail, unless the amount expressed in words is related to an arithmetical error, in which case the amount in figures shall prevail subject to (a) and (b) above.
(c) If the Bidder that submitted the lowest evaluated bid does not accept the correction of errors, its bid shall be disqualified and its bid security may be forfeited.
35 EVALUATION OF PRICE BIDS
35.1 The HSIIDC shall use the criteria and methodologies listed in this Clause. No other evaluation criteria or methodologies shall be permitted.
35.2 To evaluate a Price Bid, the HSIIDC shall consider the following:
(a) The bid price, excluding provisional sums and the provision, if any, for contingencies in the Price Schedules;
(b) Price adjustment for correction of arithmetical errors in accordance with ITB 34.1;
(c) Price adjustment due to discounts offered in accordance with ITB 18.5;
35.3 If Price Adjustment is allowed in accordance with 18.5 (b) the estimated effect of the price adjustment provisions of the Conditions of Contract, applied over the period of execution of the Contract, shall not be taken into account in bid evaluation
35.4 If this Bidding Document allows Bidders to quote separate prices for different lots (contracts), and the award to a single Bidder of multiple lots (contracts), the methodology to determine the lowest evaluated price of the lot (contract) combinations, including any discounts offered.
35.5 The bid shall be evaluated after loading price implications on account of transformer losses as per the capitalization formula provided in section-C Book 2 of 4. The guaranteed losses quoted by the bidders shall be referred for the purpose of arriving at the comparable prices as per the loss capitalization. The guaranteed values of the losses furnished by the bidder shall be subject to no tolerance. The bidder shall quote the losses for the power transformer in the technical bid and losses quoted will not be changed at any circumstances or allowed to be changed at any stage. The quoted losses shall be considered for cost evaluation.
35.6 If the bid, which results in the lowest Evaluated Bid Price, is seriously unbalanced or front loaded in the opinion of the HSIIDC, the HSIIDC may require the Bidder to produce detailed price analyses for any or all items of the Price Schedules (specified in BOQ), to demonstrate the internal consistency of those prices with the methods and time schedule proposed. After evaluation of the price analyses, taking into consideration the terms of payments, the HSIIDC may require that the amount of the performance security be increased at the expense of the Bidder to a level sufficient to protect the HSIIDC against financial loss in the event of default of the successful Bidder under the Contract.
36 COMPARISON OF BIDS
36.1 The HSIIDC shall compare all substantially responsive Bids to determine the lowest evaluated bid, in accordance with ITB clause no. 35.2 and 35.5.
37 HSIIDC’s RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS
37.1 The HSIIDC reserves the right to accept or reject any bid, and to cancel the bidding process and reject all bids at any time prior to contract award, without thereby incurring any liability to Bidders. In case of annulment, all bids submitted and specifically, bid securities, shall be promptly returned to the Bidders.
F. AWARD OF CONTRACT
38 AWARD CRITERIA
38.1 The HSIIDC shall award the Contract to the Bidder whose offer has been determined to be the lowest evaluated bid and is substantially responsive to the Bidding Document, provided further that the Bidder is determined to be eligible and qualified to perform the Contract satisfactorily.
38.2 The HSIIDC reserves the right to accept any of the deviations submitted in accordance with ITB 18.2 by the lowest evaluated bidder, at the price shown for the deviation in the bid.
39 NOTIFICATION OF AWARD
39.1 Prior to the expiration of the period of bid validity, the HSIIDC shall notify the successful Bidder, in writing, that its bid has been accepted. The notification letter shall specify the sum that the HSIIDC will pay the Contractor in consideration of the execution and completion of the plant and services.
39.3 Until a formal contract is prepared and executed, the notification of award shall constitute a binding Contract.
39.4 The HSIIDC shall promptly respond in writing to any unsuccessful Bidder who, after notification of award in accordance with ITB 39.1, requests in writing the grounds on which its bid was not selected.
40 SIGNING OF CONTRACT
40.1 Promptly after notification, the HSIIDC shall send the successful Bidder the Contract Agreement.
40.2 Within twenty-eight (28) days of receipt of the Contract Agreement, the successful Bidder shall sign, date, and return it to the HSIIDC.
41 PERFORMANCE SECURITY
41.1 Within twenty-eight (28) days of the receipt of notification of award from the HSIIDC, the successful Bidder shall furnish the performance security in accordance with the conditions of contract, subject to ITB 35.5, , in the form acceptable to the HSIIDC.
41.2 Failure of the successful Bidder to submit the above-mentioned Performance Security or sign the Contract shall constitute sufficient grounds for the annulment of the award and forfeiture of the bid security. In that event the HSIIDC may award the Contract to the next lowest evaluated Bidder whose offer is substantially responsive and is determined by the HSIIDC to be qualified to perform the Contract satisfactory.
BID DATA SHEET
The number of the Invitation for Bids is :
is: HARYANA STATE INDUSTRIAL & INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED
The name of the DCB is:
Design, Manufacture, Supply, Erection, Testing and Commissioning of 16/20MVA,132/11kV transformer and bay extension at IE Rai on turnkey basis
B. Bidding Documents
For clarification purposes only, the Employer‘s address is: Attention: Superintending Engineer ( Electrical)
Udyog Vihar, Phase- V Gurgaon- Haryana Telephone: 0124-2341573
Fax No: 0124-2341573
A Pre-Bid meeting will take place. The bidder or its official representative will be invited to attend a pre-bid meeting, which will take place at office of SE(E) HSIIDC Gurgaon.The date & time (not later than 21 days prior to Bid Submission date) will be intimated to all the Bidders by Fax/ Cable/ Telegram/ e-mail well in advance.
No site visit will be organized by the Employer.
C. Preparation of Bids
ITB 11.2 (i)
The Bidder shall submit with its Technical Bid the following additional documents:
1. Guaranteed and other Technical Particulars as required in Part-II Technical Requirements
2. Type Test Certificates
3. Manufacturer‘s Authorization.
The period following completion of plant and services in accordance
with provisions of contract shall be 5 (five) years.
Unless otherwise specifically indicated in the Part- II Technical
Requirements bidders shall quote for the entire plant and services on
“single responsibility basis‘.
The prices quoted by the Bidder shall be adjustable.
The prices shall be quoted in Indian Rupees.
The bid validity period shall be 120 (one hundred twenty) days.
The Bidder shall furnish a bid security in the amount of Rs 6.72
D. Submission and Opening of Bids
Bidders shall submit their bid online.
For bid submission purposes only, the Employer‘s address is Attention: Superintending Engineer ( Electrical)
Udyog Vihar, Phase- V Gurgaon- Haryana Telephone: 0124-2341573
Fax No: 0124-2341573
The deadline for bid submission is
Date: As per Schedule Time: As per Schedule
The bid opening of Technical Bids shall take place at Attention: Superintending Engineer ( Electrical) HSIIDC
Udyog Vihar, Phase- V Gurgaon- Haryana Telephone: 0124-2341573
Fax No: 0124-2341573
Date: As per Schedule Time: As per Schedule
Section C General Conditions of the Contract
1.0 SCOPE OF CONTRACT
1.1 The scope of the ‘Contract’ shall be the design, manufacture, pre delivery inspection, supply, storage at site and erection including testing and commissioning of the equipment in accordance with the specifications and documents and handing over of the complete installation after satisfactory commissioning.
1.2 Contractor will satisfy himself fully with the details of the works as defined in these bid documents and conditions, under which same is to be performed, and they may visit site to equip themselves with all the information required for the execution of the work.
1.3 Unless otherwise stated in the W.O., Scope shall also include a)supplies of such of the items required for due performance of the entire contract to HSIIDC’s satisfaction, b) unloading at site, storage, preservation, security and handling of items at work places till handing over. c) Obtaining statutory clearances like Electrical inspectorate, local bodies etc. in respect of execution & handing over of the works d) All risks comprehensive insurance for entire works for total contract value and till handing over.
1.4 The ‘General Conditions of Contract’ shall form a part of the Technical specifications (GTR) and other parts of bid documents.
2.0 CONTRACT DOCUMENTS
2.1 The term ‘Contract’ or ‘Contract Documents’ shall mean and include the following which shall be deemed to form an integral part of the ‘Contract’
(a) Invitation to Bid (ITB), Instructions to Bidders, Contract Agreement, General Conditions of Contract and all other documents.
(b) Specifications of the equipment to be furnished and erected under the ‘Contract’.
(c) VENDOR’s/ CONTRACTOR’s bid proposal including the letters of clarifications thereto between the VENDOR and CONTRACTOR along with his bid, subject to the approval of the OWNER/ PURCHASER or the ENGINEER.
(d) All the materials, literature, data and information of any sort given by the VENDOR/CONTRACTOR along with his bid, subject to the approval of the OWNER/PURCHASER or the ENGINEER.
(e) Any agreed variations to the conditions of the documents and specifications and special terms and conditions of ‘Contract’, if any.
2.2 The several documents forming the ‘Contract’ are to be taken as mutually explanatory of one another but in case of ambiguities or discrepancies the same shall be explained and adjusted by the ENGINEER., who shall thereupon issue to the VENDOR/ CONTRACTOR instructions directing in what manner the ‘Works’ are to be carried out. Provided always that if in the opinion of the ENGINEER. Compliance with any such instructions shall involve the VENDOR/ CONTRACTOR in any expense which, by reason of any such ambiguity or discrepancy the VENDOR/ CONTRACTOR did not and had reason not to anticipate, the ENGINEER shall certify and the OWNER/ PURCHASER shall pay such additional sum as may be reasonable to cover such expense. The Contractor, hence, shall carefully examine the document and satisfy himself of the scope & nature of work by seeking clarifications of any sort, before submitting the bid. In that event all works & materials required for satisfactory completion of this work shall be deemed to be included in the contract price. Materials of minor nature, not described in the documents of this bid, but necessary as per the engineering practices shall be the responsibility of the VENDOR/ CONTRACTOR.
2.3 The metric system of measurement shall be exclusively used under this ‘Contract'.
3.0 DEFINITION OF TERMS
3.1 ‘OWNER’/’PURCHASER’ shall mean the client on whose behalf the enquiry is issued by the ENGINEER and shall include the legal successor or permitted assigns of the Haryana State Infrastructure & Industrial Corporation Ltd (HSIIDC), referred hereunder as the OWNER/ PURCHASER.
3.2 ‘BIDDER’ shall mean the firm/party who quotes against an enquiry.
3.3 ‘VENDOR/ CONTRACTOR ’ shall mean the successful BIDDER whose bid has been accepted by the OWNER/PURCHASER and on whom the ‘Contract’ or ‘Purchase Order’ is placed by the OWNER/ PURCHASER and shall include the legal successor or permitted assigns of the contractor.
3.3 ‘MANUFACTURER’ refers to a person or firm who is the producer and furnisher of material or designer and fabricator of equipment to either the OWNER/ PURCHASER or the VENDOR/CONTRACTOR or both under the ‘Contract’.
3.4 ‘SUB-VENDOR/SUB-CONTRACTOR/SUB-FABRICATOR’ shall mean the person named in the ‘Contract’ undertaking a part of the work or any person to whom a part of the ‘Contract’ has been sublet with the consent in writing of the OWNER/ PURCHASER and shall include his heirs, legal representatives, successors and permitted assigns.
3.5 ‘ENGINEER’ shall mean an authorized and nominated representative appointed by the OWNER/PURCHASER for the ‘Project’ in order to perform the duties delegated by the OWNER/PURCHASER.
3.6 ‘OTHERS’ shall mean other successful BIDDERS whose bids have been accepted by the OWNER/PURCHASER and to whom the orders have been placed by the OWNER/PURCHASER and shall include their heirs, legal representatives, successors and permitted assigns.
3.7 ‘Plant’ or ‘Equipment’ and ‘Work’ or ‘Works’ shall mean respectively the goods to be supplied and/or services to be provided including those for Civil works by the VENDOR/CONTRACTOR/FABRICATOR under the ‘Purchase Order’ or ‘Contract’.
3.8 ‘Project’ shall mean the project specified in the ‘Invitation to bid’, Instructions to bidders and elsewhere in this document. Bid shall mean the proposal/document that the BIDDER submits in the requested and specified form in the ‘Specification’.
3.9 ‘Specification’ shall mean collectively all the terms and stipulations contained in those portions of the ‘Contract’ known as General Conditions of Contract, the Specifications and such Amendments, Revisions, Deletions or Additions, as may be made in the Agreement and all written Agreements made or to be made pertaining to the method and manner of performing the ‘Work’ or to the quantities and qualities of the materials to be furnished under this ‘Contract’.
3.10 ‘Site’ shall mean the actual place of the proposed project as detailed in the ‘Specification’ or any other place where work is to be executed under the ‘Contract’.
3.11 The term ‘Equipment Portion’ of the ‘Contract Price’ shall mean the ex- works value of the equipment.
3.12 The term ‘Erection Portion’ of the ‘Contract Price’ shall mean the value of field activities of the ‘Works’ including erection, testing and commissioning to be performed at ‘Site’ by the VENDOR/ CONTRACTOR.
3.13 ‘VENDOR’s/CONTRACTOR’s WORKS or MANUFACTURER’S WORKS’ shall mean and include the land and other places which are used by the VENDOR/ CONTRACTOR/ FABRICATOR or SUB- VENDOR/ SUB-CONTRACTOR/SUB-FABRICATOR for the manufacture of equipment or performing the ‘Works’.
3.14 ‘INSPECTOR’ shall mean the authorized representatives appointed by the OWNER/PURCHASER or the ENGINEER for purposes of inspection of materials/equipment/’Works’.
3.15 The ‘Notice of Award of Contract’/’Letter of Intent’ shall mean the official notice issued by the OWNER/PURCHASER notifying the VENDOR/CONTRACTOR that his proposal has been accepted and that the VENDOR/ CONTRACTOR shall be issued the Detailed Work Order or detailed Purchase order for execution of the work under the scope of this document. The notice of award can be in the shape of Letter of intent/ Letter of Award/ Detailed Purchase order.
3.16 ‘Date of Contract’ / ‘commencement of contract’ shall mean the calendar date on which OWNER/ PURCHASER has issued the Letter of Intent / Letter of Award / Detailed work to VENDOR/ / CONTRACTOR which ever is earlier.
3.17 ‘Month’ shall mean the calendar month.
3.18 ‘Writing’ shall include any manuscript, type-written or printed statement, under or over signature and/or seal at the case may be.
3.19 When the words ‘Approved’, ‘Subject to Approval’, ‘Satisfactory’, ‘Equal to’, ‘Proper’, ‘Requested’, ‘As Directed’, ‘Where Directed’, ‘When Directed’, ‘Determined by’, ‘Accepted’, ‘Permitted’ or words and phrases of like import are used, the approval, judgment, direction, etc. is understood to be a function of the OWNER/PURCHASER or the ENGINEER.
3.20 ‘Mechanical Completion’ shall be defined to be a state of readiness for ‘Preliminary Operation’ after due erection of all the materials and items of equipment covered under the scope of the ‘Contract’.
3.21 ‘Commissioning’ shall mean integrated activity covered under ‘Preliminary Operation’, ‘Initial Operation’, ‘Trial Operation’ and carrying out ‘Performance Tests’.
‘Preliminary Operation’ shall mean all activities undertaken, as part of ‘Commissioning’ after ‘Mechanical Completion’ upto commencement of ‘Initial Operation’ and include mechanical and electrical checkouts, calibration of instrument and protection devices, commissioning of sub- supporting systems and static chemical cleaning of the plant/system/equipment covered under the ‘Scope of Work’.
‘Initial Operation’ shall mean all operations undertaken as part of ‘Commissioning’ after completion of ‘Preliminary Operation’ upto commencement of ‘Trial Operation’. It shall be the first integral operation of the complete plant/ system/ equipment covered under the ‘Contract’ and shall include – equipment dry-out and operational chemical cleaning; no-load partial load/full load runs for mechanical/electrical try-out and gathering of operational data; calibration, setting and commissioning of control systems and shutdown inspection and adjustment after running trials of the plant/system/equipment covered under the ‘Contract’.
‘Trial Operation’ shall mean the integrated operation of the plant/system/ equipment covered under the ‘Contract’ for a specified period at specified load for providing trouble-free operation of the plant/system/equipment covered under the ‘Contract’.
‘Performance Tests’ shall mean such tests as are prescribed in the ‘Specification’, to be done by the CONTRACTOR before the plant is taken over under guarantee by the OWNER/PURCHASER to the satisfaction of the ENGINEER/PURCHASER
3.21 ‘Commercial Use’ shall mean that use of the equipment or work, which the ‘Contract’ contemplates or that for which equipment or work is commercially capable.
3.22 ‘Guarantee Period’ shall mean the period during which the ‘Plant’ or ‘Equipment’ shall give the same performance as guaranteed by the VENDOR/ CONTRACTOR in the Schedule of Guarantee as in the ‘Specification’.
3.23 ‘Drawings’ shall mean all :
(a) Drawings furnished by the OWNER/PURCHASER or the ENGINEER as a basis for proposals
(b) Supplementary drawings furnished by the OWNER/ PURCHASER or the ENGINEER to clarify and to define in greater detail the intent of the ‘Contract’.
(c) Drawings submitted by the VENDOR/CONTRACTOR with his proposal provided such drawings are acceptable to the OWNER/ PURCHASER or the ENGINEER.
(d) Drawings furnished by the OWNER/PURCHASER or the ENGINEER to the VENDOR/ CONTRACTOR during the progress of the work.
(e) Engineering data and drawings submitted by the VENDOR/ CONTRACTOR during the progress of the work provided such drawings are acceptable to the ENGINEER.
3.24 ‘Codes and Standards’ shall mean all the applicable codes and standards as indicated in the ‘Specification’ and shall include, but not limited to, the following:
(a) Indian Electricity Act, 1905 and Rules and regulations made thereunder.
(b) Indian Factory Act, 1948 and Rules and regulations made thereunder
(c) A.S.M.E. test codes
(d) A.I.R.E. test codes
(e) Relevant publications of Bureau of Indian Standards.
(f) Any other internationally approved standard and/or Rules and regulations relevant to the subject matter of the Contract.
3.25 ‘Contract Price’ shall mean, if there is a formal agreement, the price referred to in the agreement or if there is no formal agreement, the price agreed to be the value of the total work under the scope as covered in various sections of the bid document.
3.26 ‘Contract Period’ / ‘Completion period” shall mean the period during which the ‘Contract’ shall be executed as agreed between the VENDOR/CONTRACTOR/ FABRICATOR and the OWNER/PURCHASER in the ‘Contract’.
3.27 ‘Engineer’s Instructions’ shall mean any drawings and/or instructions, oral and/or in writing, details, direction and explanations issued by the ENGINEER or the OWNER/PURCHASER from time to time during the ‘Contract Period’.
3.28 ‘Notice in Writing’ or ‘Written Notice’ shall mean a notice in written, typed or printed characters sent (unless delivered personally or otherwise proved to have been received) by registered post to the last known private or business address or registered office of the addressee and shall be deemed to have been received when in the ordinary course of post it would have been delivered.
3.29 ‘Virtual Completion’ shall mean that all work is completed as directed and the ‘Site’ is cleared to the satisfaction of the OWNER/PURCHASER or the ENGINEER.
3.30 Words importing the singular only shall also include the plural and vice- versa where the context so requires.
3.31 Words importing Person shall include firms, companies, corporations and associations or body of individuals, whether incorporated or not.
3.32 Terms and expressions not herein defined shall have the same meaning as are assigned to them in the Indian Sale of Goods Act (1930), Indian Contract Act (1972) and General Clauses Act (1987).
4.0 VENDOR/CONTRACTOR TO INFORM HIMSELF FULLY
The VENDOR/CONTRACTOR shall be deemed to have carefully examined all Contract Documents to his entire satisfaction. If he shall have any doubt as to the meaning of any portion of the Contract / bid Documents, he shall, before accepting / signing the ‘Contract’ set forth the particulars thereof, and submit them to the OWNER/ PURCHASER in writing, in order that such doubt may be removed. The OWNER/ PURCHASER will provide such clarifications as may be necessary in writing to the VENDOR/CONTRACTOR. Any information otherwise obtained from the OWNER/ PURCHASER or the ENGINEER shall not in any way relieve the VENDOR/ CONTRACTOR of his responsibility to fulfill his obligations under the ‘Contract’.
5.0 MANNER OF EXECUTION OF CONTRACT
5.1 The OWNER/PURCHASER after the acceptance of the ‘Letter of Intent’ by the VENDOR/ CONTRACTOR will issue a detailed Work order / purchase order to the VENDOR/ CONTRACTOR.
5.2 A copy of this detailed Work order/ Purchase order shall be signed by Vendor/ Contractor & returned to Purchase as Token of Acceptance of the Prices and terms & conditions.
6.0 EFFECT AND JURISDICTION OF CONTRACT
6.1 The ‘Contract’ shall be considered as having come into force from the date of issue by the OWNER/PURCHASER of the ‘Notice of Award of Contract’/ ‘Letter of Intent’ to the VENDOR/CONTRACTOR.
6.2 The laws applicable to this ‘Contract’ shall be the laws in force in India. The Courts of Chandigarh shall have exclusive jurisdiction in all matters arising under this ‘Contract’.
7.0 ASSIGNMENT AND SUBLETTING OF CONTRACT
7.1 The VENDOR/CONTRACTOR shall not assign the ‘Contract’ or any part thereof or any benefit or interest therein or thereunder (otherwise than by a charge in favor of the VENDOR’s/ CONTRACTOR’s/ Bankers of any monies due or to become due under this ‘Contract’) without the prior written consent of the OWNER/PURCHASER.
7.2 The VENDOR/CONTRACTOR shall not sublet the whole of the ‘Contract’. Except where otherwise provided by the Contract, the VENDOR/ CONTRACTOR shall not sublet any part of the ‘Contract; without the prior written consent of the ENGINEER or the OWNER/ PURCHASER, which shall not be unreasonably withheld and such consent if given, shall not relieve the VENDOR/ CONTRACTOR, from any liability or obligation under the ‘Contract’ and he shall be responsible for the acts, defaults and neglects of any SUB-VENDOR/ SUB- CONTRACTOR, his agents, servants or workmen as fully as if they were the acts, defaults or neglects of the VENDOR/CONTRACTOR, his agents, servants, or workmen.
8.0 PATENT RIGHTS AND ROYALTIES
8.1 Royalties and fees for patents covering materials, articles, apparatus, devices, equipment or processes used in the ‘Works’ shall be deemed to have been included in the ‘Contract Price’. The VENDOR/ CONTRACTOR shall satisfy all demands that may be made at any time for such royalties or fees and he alone shall be liable for any damages or claims for patent infringements and shall keep the OWNER/ PURCHASER, indemnified in that regard. The VENDOR/ CONTRACTOR shall, at his own cost and expense, defend all suits or proceedings that may be instituted for alleged infringement of any patents involved in the ‘Works’, and in case of an award of damages, the
VENDOR/ CONTRACTOR shall pay for such award. In the event of any suit or other proceedings instituted against the OWNER/ PURCHASER, the same shall be defended at the cost and expense of the VENDOR/ CONTRACTOR who shall also satisfy/comply any decree, order or award made against OWNER/ PURCHASER. But it shall be understood that no such machine, plant, work, material or thing has been used by the OWNER/ PURCHASER for any purpose or any manner other than that for which they have been furnished and installed by the VENDOR/ CONTRACTOR and specified under these specifications. Final payment to the VENDOR/ CONTRACTOR by the OWNER/ PURCHASER will not be made while any such suit or claim remains unsettled. In the event any apparatus or equipment or any part thereof furnished by the VENDOR/ CONTRACTOR is in such suit or proceedings held to constitute infringement, and its use is enjoined, the VENDOR/ CONTRACTOR, shall at his option, and at his own expense, either procure for the OWNER/ PURCHASER the right to continue use of said apparatus, equipment or part thereof, replace it with non-infringing apparatus or equipment or modify it, so it becomes non-infringing.
8.2 The VENDOR/ CONTRACTOR shall indemnify and keep indemnified the OWNER, his successors or assignees for and against any and all claims, suits, damages losses, actions, demands, costs, charges, royalties and expenses arising from or for infringement, real or claimed, copy-rights or other protected rights, if any, designs, plans, device, machine, diagrams, drawings or in respect of the material supplied by the VENDOR/ CONTRACTOR or any of the construction methods or processes followed by the VENDOR/ CONTRACTOR for the construction of the constructed portion of the ‘Project’, or for the operation of the constructed portion of the ‘Project’, are found to have infringed any such rights.
8.3 In the event of any claim being made or action being made or action being brought against the OWNER/PURCHASER in respect of any of the matters referred to in Clause 8.2 above, the VENDOR/ CONTRACTOR shall promptly be notified and he shall, at his own expenses, conduct all negotiations for the settlement of the same and any litigation that may arise therefrom.
9.0 TIME-THE ESSENCE OF CONTRACT
9.1 The time and the date of completion of the ‘Works’ as stipulated in the VENDOR’s/ CONTRACTOR’s Letter of Intent / Work Order and accepted by the OWNER/PURCHASER shall be deemed to be the essence of the ‘Contract’. The VENDOR/CONTRACTOR shall so organize his resources and perform his work as to complete it not later than the date agreed to. The time for completion of the ‘Works’
contracted for, shall be reckoned from the date of issue of the ‘Letter of Intent’ to the VENDOR/CONTRACTOR.
9.2 The CONTRACTOR shall submit a preliminary PERT network/ bar chart along with his offer. The detailed PERT network/bar chart shall be submitted within the time frame agreed consisting of adequate number of activities covering various key phases of work also clearly indicating the completion period for various groups of activities. This network shall also indicate the interface facilities to be provided by the Owner and the dates by which such facilities are needed. The Contractor shall discuss the network so submitted with one Owner and the agreed network which may be in the form as submitted or in revised form in line with the outcome of discussions shall form part of the Contract. During the performance of the contract, if in the opinion of the Engineer proper progress is not maintained, suitable changes shall be made in the Contractor’s operations to ensure proper progress.
9.3 The above PERT network shall be reviewed and periodic review reports shall be submitted by the CONTRACTOR as directed by the ENGINEER.
10.0 VALIDITY OF THE CONTRACT
The Contract shall become binding between both parties from the date of issue of LOI / Letter of Award/ Detailed purchase order, whichever is earlier and shall remain in full force until the CONTRACTOR has fulfilled his obligations, under the Contract and until the issuance of Final Acceptance Certificate by the ENGINEER.
11.0 CONTRACT PRICE
The prices quoted by the VENDOR/CONTRACTOR in his bid with additions and deletions as may be agreed / accepted in the Detailed Purchase order ,for the entire scope of the works in each contract covered under the ‘ Specification’ and documents shall be treated as the ‘Contract Price’ for each contract.
12.0 PERFORMANCE GUARANTEE
The Contractor shall comply with the performance and other special guarantees as stipulated in the Contract Documents, Special Conditions (part D) clause no.6.
13.0 DEDUCTIONS FROM CONTRACT PRICE
All costs, damages or expenses with the OWNER/PURCHASER may have paid for which under the ‘Contract’ the VENDOR/ CONTRACTOR is liable, will be claimed by the OWNER/ PURCHASER. All such claims shall be billed by the OWNER/ PURCHASER to the VENDOR/ CONTRACTOR regularly as and when they fall due. Such bills shall be supported by appropriate and certified vouchers or explanations, to enable the VENDOR/ CONTRACTOR to properly identify such claims. Such claims shall be paid by the VENDOR/ CONTRACTOR within fifteen (15) days of the receipt of the corresponding bills and if not paid by the VENDOR/ CONTRACTOR within said period, the OWNER/ PURCHASER may then deduct the amount, from any monies due or becoming due by him to the VENDOR/ CONTRACTOR under the ‘Contract’ or may be recovered by the actions of law or otherwise, if the VENDOR/ CONTRACTOR fails to satisfy the OWNER/ PURCHASER of such claims.
14.0 CONTRACT PRICE & PRICE ADJUSTMENT ON ACCOUNT OF ESCALATION
PRICES FOR ELECTRICAL WORKS
The works covered under this bid shall be on percentage Basis for Electrical Works as defined in the Scope of works to be filled in by the bidder.
BIDDERS shall quote FIRM prices & prices shall remain “Firm “till contract completion. These prices shall not be subject to any price variable clause & no component of price will be entitled to price variation except for Power Transformer. The price escalation shall be allowed as per IEEMA price variation. The base date shall be last date of the month prior to the month of bidding if the bid submission date is after 15th day of the month, otherwise last date of the month, two months prior to the month of bid submission.(Example : if the bid submission date is 16th March, then base date will be one month prior
i.e. 28th February. If date of submission of bid is 15th March, then base date is 31st January.)
The bidders are requested to quote for all the Sections. The price for the Section shall be FIRM during the entire contract period and extension if any. The bidders, who are not quoting for all the Sections, will be considered as Non- Responsive.
PRICES FOR CIVIL WORKS
For civil works, the rates shall be based on percentage over, above or under the deduced rates as indicated in the schedule of quantities & rates. The prices of civil works have been arrived on the basis of HSR with latest prevailing premium. The Bidders shall fill in the rates by way of percentage above or below over these prices and also arrive at overall percentage in case the percentages quoted are not same for each item. The procedure shall apply to individual section of work.
All Prices shall be FOR Destination inclusive of all applicable taxes, duties and Govt. Levies.
The prices for all civil works shall also remain FIRM till the completion of work, however, price adjustment on account of price variation as per clause No. 71, of GCC “Price adjustment- Civil Works” shall be applicable for cement & steel in case of civil works.
(The price variation for cement & reinforcement steel shall as per the terms of memo no 1540-1615 /W1 dated 22/3/2011 issued by Engineer in Charge, PWD (B&R), Govt; of Haryana)
THE FOR SITE PRICE SHALL BE INCLUDE IN THE FOLLOWING:
(a) Design, manufacture, Pre Dispatch inspection at manufacturer’s works, Packing & Forwarding, marking all transport costs incurred until placing all material, equipment, spare parts and tools.
(b) Patent rights, trademarks, name of other protected rights, royalties and all other similar fees.
(c) All Insurances relating to transportation, erection & commissioning, Costs for any loss and/or damage until the material and equipment have been delivered to site.
(d) Provision of clean on-board bills of landing.
(d) Certificates of origin, or any other documents issued in the State/Country of shipment.
(e) Freight from port of embarkation till port of destination.
(f) Unloading ship at port of destination till placing on dock at port of destination.
(i) Dock dues and port charges, custom duties, permits, contributions, clearance goods through customs, off-loading, supervision of off- loading, local transport and all incidental expenses.
(j) Transportation to site, unloading at site, storage at site, handling from site storage to the point of final erection, installation and construction.
(k) Checking and verifying all shipments received against shipping documents, issuing receiving and damage reports.
(l) Costs of all Bonds as required by the Contract Agreement.
(m) Complete insurances, comprising marine insurance from warehouse to warehouse, insurance of plant, workman’s compensation insurance, third party public liability and property damage insurance, CONTRACTOR’s all risks insurances including during erection & erection insurances, Indemnify to the OWNER’s and ENGINEER’s officials, etc.
15.0 PACKING, FORWARDING AND SHIPMENT
VENDOR/CONTRACTOR shall note that inland transportation should be done only by road.
15.1 VENDOR/CONTRACTORS, shall after proper painting, pack and crate all equipment in such a manner as to protect them from deterioration and damage during road transportation to the ‘Site’ and storage at the ‘Site’ till the time of erection. The VENDORS/ CONTRACTOR shall be held responsible for all damages due to improper packing.
15.2 The VENDORS/CONTRACTORS shall notify the OWNER/ PURCHASER or the insurers nominated by him, the complete details of the proposed shipments including the value of each shipment and other related date
15 days in advance of such shipments. The VENDORS/ CONTRACTORS shall notify the OWNER/ PURCHASER of the date of each shipment form his works, and the expected date of arrival at the ‘Site’ for the information of the OWNER/ PURCHASER.
15.3 The VENDOR/CONTRACTOR shall also give all shipping information concerning the weight, size and content of each packing including any other information the OWNER/PURCHASER may require.
All Bills/ Invoices shall be in the name of ‘Superintending Engineer(Elect.), HSIIDC, Gurgaon or any other official as authorized by HSIIDC from time to time, complete with all required documents like Material Inspection reports, Dispatch clearance certificate , joint measurement sheets duly verified and recorded in the measurement book, packing list etc. and shall be submitted in triplicate. Bills/ invoices shall mention supplier’s ‘Sales Tax Registration Number ‘
The documents shall be sent to the OWNER/ PURCHASER well in advance from the date of shipment, to enable the OWNER/PURCHASER to make progressive payments to the VENDOR/CONTRACTOR., as per the terms of payment
16.0 DEMURRAGE, WHARFAGE, ETC.
All demurrage, wharf age and other expenses incurred due to delayed clearance of material or any other reason shall be to the account of the VENDOR/ CONTRACTOR.
17.1 The VENDOR/ CONTRACTOR shall arrange, secure and maintain insurance as may be necessary and for all such amounts to protect his interests and the interests of the OWNER/ PURCHASER against all risks as detailed herein. The form and the limit of such insurance, as defined herein together with the under-writer thereof in each case shall be acceptable to the OWNER/ PURCHASER. However, irrespective of such acceptance, the responsibility to maintain insurance at all times during the period of ‘Contract’ shall be that of the VENDOR/ CONTRACTOR alone. The VENDOR’s/ CONTRACTOR’s failure in this regard shall not relieve him of any of his contractual responsibilities and obligations.
17.2 Any loss or damage to the equipment during handling, transporting, storage and erection, till such time the plant is taken over by the OWNER/ PURCHASER, shall be to the account of the VENDOR/ CONTRACTOR. The VENDOR/ CONTRACTOR shall be responsible for preferring of all claims and make good for the damage or loss by way of repairs and/or replacement of the portion of the ‘Works’ damaged or lost. The transfer of title shall not in any way relieve the VENDOR/ CONTRACTOR of the above responsibilities during the period of the ‘Contract’. The VENDOR/ CONTRACTOR shall provide the OWNER/PURCHASER with a copy of all insurance policies and documents taken out by him in pursuance of the ‘Contract’. Such copies of documents shall be submitted to the OWNER/ PURCHASER immediately after such insurance coverage. The VENDOR/
CONTRACTOR shall also inform the OWNER/ PURCHASER in writing at least sixty (60) days in advance, regarding the expiry, cancellation and/or change in any of such documents and ensure revalidation/renewal, etc. as may be necessary well in time.
17.3 The risks that are to be covered under the insurance shall include, but not be limited to, the loss or damage in transit, theft, pilferage, riot, Electrical commotion, weather conditions, accidents of all kinds, fire, war risks (during ocean transportation only), etc. The scope of such insurance shall cover the entire value of the ‘Works’ from time to time. CONTRACTOR shall be responsible to suitably insure his entire work-force & manpower (meeting requirements under workmen compensation Act), Tools and plant, third party liability at the project site or any other such risks during execution of works, till the works are handed over to Owner/Purchaser.
17.4 All costs on account of insurance liabilities covered under the ‘Contract’ will be on VENDOR’s/ CONTRACTOR’s account and will be included in ‘Contract Price’. However, the OWNER/ PURCHASER may from time to time, during the pendency of the ‘Contract’, ask the VENDOR/ CONTRACTOR in writing to limit the insurance coverage risks and in such a case, the parties to the ‘Contract’ will agree for a mutual settlement, in reduction in ‘Contract Price’ to the extent of reduced premium amounts.
17.5 The OWNER/ PURCHASER has the option to arrange for transit insurance from the VENDOR’s/ CONTRACTOR’s works upto ‘Site’ and for erection insurance under an overall transit-cum-erection insurance policy. The VENDOR/ CONTRACTOR shall, however, be responsible to notify the OWNER/ PURCHSER or the insurers nominated by the OWNER/ PURCHASER the complete details of the proposed shipment including the value of each consignment and other relevant data fifteen
(15) days in advance of such shipments to enable the OWNER/ PURCHASER or the insurers to arrange for issuance of the insurance of the insurance policy.
17.6 All risks insurance for the entire project value plus costs of all free issue items shall be taken by the contractor till handing over, in consultation with HSIIDC, and where HSIIDC will be Co-insured and extend the same from time to time, if works so demands. Contractor shall arrange expeditious replacements/ repairs of lost/ damaged items/works without waiting for settlement of claims from the underwriters.
18.0 LIABILITY FOR ACCIDENTS AND DAMAGES
Under the ‘Contract’, the VENDOR/ CONTRACTOR shall be responsible for loss or damage to the plant until the plant is taken over in accordance
with clause entitled ‘Taking Over’. This should cover all damages to the PURCHASER's property (like transmission towers, transmission lines, etc) and private property irrespective of whether it lies beneath the line, away from the line, above ground or underground.
19.0 PENALTY FOR DELAY IN COMPLETION
19.1 The VENDOR/CONTRACTOR agrees that the work shall be commenced and carried on at such points, and in the order of preference and at such times and seasons as may be directed by the OWNER/PURCHASER or the ENGINEER in accordance with the schedule for the completion of work as outlined in the ‘Contract’. The VENDOR/ CONTRACTOR declares that he has familiarized himself with the ‘Site’ and rights of way, with all the local conditions, and with all the circumstances which may or are likely to affect the performance and completion of the work and that he has allowed for such conditions in the preparation of this schedule. The progress of work shall be checked at regular intervals and the percentage progress achieved shall be commensurate with the time elapsed after the award of ‘Contract’.
19.2 However, it is not incumbent upon the OWNER/PURCHASER or the ENGINEER to notify the VENDOR/ CONTRACTOR when to begin, to cease or resume work, not to give early notice of the rejection of faulty work, nor in any way to superintend so as to relieve the VENDOR/ CONTRACTOR or responsibility or of any consequence of neglect or carelessness by him or his subordinates.
19.3 No necessity for an extension of time is anticipated, but if untoward or extraordinary circumstances should arise beyond the control of the VENDOR/ CONTRACTOR, which in the opinion of the OWNER/ PURCHASER or the ENGINEER should entitle the VENDOR/ CONTRACTOR to a reasonable extension of time, such extension may be granted but shall not operate to relieve the VENDOR/ CONTRACTOR of any of his obligations.
19.4 The VENDOR/CONTRACTOR shall promptly notify the OWNER/ PURCHASER any event or conditions which might delay the completion of erection work in accordance with the approved schedule and the steps being taken to remedy such situation.
19.5 If the VENDOR/ CONTRACTOR is delayed at any time in the commencement or during the progress of the work by any act, delay or neglect of the OWNER/ PURCHASER or his employees, or by any other contractor utilized by the OWNER/ PURCHASER or by changes ordered in the work by the OWNER/ PURCHASER or the ENGINEER, or by Force Majeure, the time of completion shall be extended by a
reasonable period as may be mutually agreed, upon application from the VENDOR/ CONTRACTOR at the time of such special circumstances occurring and not towards the end of the ‘Contract Period’.
19.6 The OWNER/ PURCHASER or the ENGINEER shall have the right to require the discontinuance of the ‘Works’ in whole or in part, for such time as may be necessary, should the condition of the weather or flood or other contingencies make it desirable to do so in order that the ‘Works’ shall be well and properly executed. Extension of time shall be granted to the VENDOR/ CONTRACTOR for discontinuance of ‘Work’ so required, and the VENDOR/ CONTRACTOR shall not claim for compensation or damage in relation thereto. No compensation on this account shall be admissible.
19.7 The time stipulated in the ‘Contract’ for the execution and completion of the ‘Works’ shall be deemed to be the essence of the ‘Contract’. In the event the VENDOR/ CONTRACTOR fails to execute, complete and deliver the ‘Works’ within the time specified in the ‘Contract’, then the VENDOR/ CONTRACTOR shall pay penalty to the OWNER/ PURCHASER. The OWNER/ PURCHASER may, without prejudice to any method of recovery, deduct the amount for such damages from any amount due or which may become due to the VENDOR/CONTRACTOR. In the event of extension of time being granted by the OWNER/ PURCHASER or the ENGINEER in writing for completion of the ‘Works’ stated in Clauses 19.3,19.5 & 19.6, this penalty clause will be applicable after the expiry of such extension period.
19.8 If the VENDOR/CONTRACTOR fails to perform the ‘Contract’ within the time fixed for this work as defined in the bid document, the VENDOR/ CONTRACTOR shall pay to the OWNER/ PURCHASER as penalty as per terms & conditions defined in Special Conditions of Contract Clause No. 8.0
20.0 VENDOR’S/CONTRACTOR’S DEFAULT
20.1 If the VENDOR/ CONTRACTOR shall neglect to execute the ‘Works’ with due diligence and expedition or shall refuse or neglect to comply with any reasonable orders given to him, in writing, by the OWNER/PURCHASER in connection with the ‘Works’ or shall contravene the provisions of the ‘Contract’, the OWNER/ PURCHASER may give notice in writing to the VENDOR/ CONTRACTOR to make good the failure, neglect or contravention complained of. Should the VENDOR/ CONTRACTOR fail to comply with the notice within thirty (30) days from the date of service thereof,
then and in such case the OWNER/ PURCHASER shall be at liberty to employ other workmen and forthwith execute such part of the ‘Works’ as the VENDOR/ CONTRACTOR may have neglected to do or if the OWNER/ PURCHASER shall think fit it shall be lawful for him, without prejudice to any other right he may have under the ‘Contract’, to take the ‘Works’ wholly or in part out of the VENDOR’s/ CONTRACTOR’s hands and recontract with any other person or persons, complete the ‘Works’ or any part thereof and in that event the OWNER/PURCHASER shall have free use of all VENDOR’s/CONTRACTOR’s equipment that may have been at the time on the ‘Site’ in connection with the ‘Works’ without being responsible to the VENDOR/ CONTRACTOR for fair wear and tear thereof and to the exclusion of any right of the VENDOR/ CONTRACTOR, over the same, and the OWNER/ PURCHASER shall be entitled to retain and apply any balance which may otherwise due on the ‘Contract’ by him to the VENDOR/ CONTRACTOR, or such part thereof as may be necessary, to the payment of the cost of executing the said part of the ‘Works’ or of completing the ‘Works’ as the case may be. If the cost of completing the ‘Works’ or executing a part thereof as aforesaid shall exceed the balance due to the VENDOR/ CONTRACTOR, the VENDOR/ CONTRACTOR shall pay such excess. Such payment of excess amount shall be independent of the liquidated damages for delay which the VENDOR/ CONTRACTOR shall have to pay if the completion of ‘Works’ is delayed.
In addition, such action of the OWNER/ PURCHASER as aforesaid shall not relieve the VENDOR/ CONTRACTOR of his liability to pay penalty for delay in completion of ‘Works’, as defined in ‘Completion of ‘Works’, as defined in Clause 19.0
20.2 The termination of the ‘Contract’ under this clause shall not entitle the VENDOR/ CONTRACTOR to reduce the value of the Performance Guarantee nor the time thereof. The Performance Guarantee shall be valid for the full value of the full period as originally stipulated in the ‘Contract’.
21.0 OUTBREAK OF WAR
If during the currency of the ‘Contract’ there shall be an outbreak of war, whether declared or not, in any part of the World, which whether financially or otherwise materially affect the execution of the ‘Works’ the VENDOR/ CONTRACTOR shall unless and until the ‘Contract’ is terminated under the provisions in this clause continue to use his best endeavor to complete the execution of the ‘Work’, provided always that the OWNER/ PURCHASER shall be entitled, at any time after such outbreak of war to terminate the ‘Contract’ by giving notice in
writing to the VENDOR/ CONTRACTOR, and upon such notice being given the ‘Contract’ shall save as to the rights of the parties under this clause and to the operation of clauses titled ‘Settlement of Dispute’ and ‘Arbitration’ hereof, be terminated but without prejudice to the rights of either party in respect of any antecedent breach thereof.
If the ‘Contract’ shall be terminated under the provisions of the above clause, the VENDOR/ CONTRACTOR shall with all reasonable diligence remove from the ‘Site’ all the VENDOR’s/ CONTRACTOR’s equipment and shall give similar facilities to his SUB-VENDORS/ SUB- CONTRACTORS to do so.
22.0 PAYMENT IF CONTRACT TERMINATED
If the ‘Contract’ shall be terminated as aforesaid, the VENDOR/ CONTRACTOR shall be paid by the OWNER/ PURCHASER (insofar as such amounts or items shall not have already been covered by payments on account made to the VENDOR/ CONTRACTOR) for all work executed and accepted by the OWNER/ PURCHASER prior to the date of termination at the rates and prices provided in the ‘Contract’ and in addition:
(a) The amount payable in respect of any preliminary items, so far as the work or service comprised therein has been carried out or performed and an appropriate portion as certified by the OWNER/PURCHASER of any such items of the work or service comprised which has been partially carried out or performed
(b) Any other expenses which the VENDOR/ CONTRACTOR has expended for performing the ‘Works’ under the ‘Contract’ subject to being duly certified by the OWNER/ PURCHASER based on documentary evidence for having incurred such expenses.
22.1 In the event of any dispute in regard to the price of the ‘Works’ and portion of the payment to be made to the VENDOR/ CONTRACTOR, the decision of the OWNER/ PURCHASER shall be final.
22.2 The VENDOR/ CONTRACTOR will be further required to transfer the title and provide the OWNER/ PURCHASER with the following, in the manner and as directed by the OWNER/ PURCHASER.
(a) any completed ‘Works’
(b) such partially completed ‘Works’ including drawings, information and contract rights as the VENDOR/ CONTRACTOR has specifically performed, produced or acquired for the performance of the ‘Contract’.
23.0 FORCE MAJEURE
Refer Clause 9.0 of Special Conditions of Contract.
24.0 TERMINATION OF CONTRACT BY THE OWNER/PURCHASER
24.1 The OWNER/PURCHASER may terminate the ‘Contract’ after giving seven (7) days notice if any of the following occur:
24.2 If the VENDOR/CONTRACTOR (being an individual or a firm) commits any ‘Act of Insolvency’, or shall be adjudged an insolvent, or shall make an assignment or composition for the greater part in number of amount of his creditors, or shall enter into a Deed of Assignment with his creditors, or being an Incorporated Company shall have an order made against him or pass an effective Resolution for winding up either compulsorily or subject to the supervision of the Court or voluntarily, or if the Official Assignee of the VENDOR/ CONTRACTOR shall repudiate the ‘Contract’, or if the Official Assigner or the Liquidator in any such winding up shall be unable, within seven days after notice to him requiring him to do so, to show, to the reasonable satisfaction of the OWNER/ PURCHASER or the ENGINEE that he is able to carry out and fulfill the ‘‘Contract’ and if required by the OWNER/ PURCHASER or the ENGINEER/ to give security thereof if the VENDOR/ CONTRACTOR (whether an individual firm or incorporated company) shall suffer execution to be issued, or if the VENDOR/ CONTRACTOR shall suffer any payment under the ‘Contract’ to be attached to by or on behalf of any of creditors of the VENDOR/ CONTRACTOR or if the VENDOR/ CONTRACTOR shall assign or sublet the ‘Contract’ without obtaining the consent in writing of the OWNER/ PURCHASER or the ENGINEER or if the VENDOR/ CONTRACTOR shall charge or encumber this ‘Contract’ for any payments due or which may become due to the VENDOR/ CONTRACTOR thereunder, or if the ENGINEER shall certify in writing to the OWNER/ PURCHASER that, in his opinion, of the VENDOR/CONTRACTOR.
24.3 Has abandoned the ‘Contract’, or
24.4 Has failed to commence the ‘Work’, or has, without any lawful excuse under these conditions, suspended the progress of the ‘Works’ for
seven (7) days after receiving from the ENGINEER written notice to proceed, or
24.5 Has failed to proceed with the ‘Works’ with such due diligence and failed to make such due progress as would enable the ‘Works’ to be completed within the time agreed upon, or
24.6 Has failed to remove materials from the ‘Site’ or to pull down and replace ‘Works’ within seven (7) days after receiving from the OWNER/ PURCHASER or the ENGINEER/ written notice that the said materials or work were condemned and rejected by the ENGINEER under these conditions, or
24.7 Has neglected or failed persistently to observe and perform all or any of the acts, matters or things by this ‘Contract’ to be observed and performed by the VENDOR/ CONTRACTOR for seven (7) days after written notice shall have been given to the VENDOR/ CONTRACTOR requiring the VENDOR/ CONTRACTOR to observe or perform the same, or
24.8 The OWNER/PURCHASER shall also release all bonds guarantee at its disposal except in cases where the total amount of payment made to the VENDOR/CONTRACTOR exceeds the final amount due to him in which case the VENDOR/CONTRACTOR shall refund the excess amount within sixty (60) days after termination and the OWNER/PURCHASER thereafter shall release all bonds and guarantees.
i. Should the VENDOR/CONTRACTOR fail to refund the amounts received in excess within the said period such amounts shall be deducted from the bonds or guarantees provided.
24.9 On termination of the ‘Contract’ for any cause the VENDOR/ CONTRACTOR shall see to the orderly suspension and termination of operations, with due consideration to the interests of the OWNER/ PURCHASER with respect to completion, safeguarding or storing of equipment produced for the performance of the ‘Contract’ and the salvage and resale thereof.
25.0 NO WAIVER OF RIGHTS
Neither the inspection by the OWNER/PURCHASER or the ENGINEER or any of their officials, employees, or agents nor any order by the OWNER/ PURCHASER or the ENGINEER for payment of money or any payment for or acceptance of, the whole or any part of the ‘Works’ by the OWNER/ PURCHASER or the ENGINEER, nor any
extension of time, nor any possession taken by the OWNER/ PURCHASER, shall operate as a waiver of any provision of the ‘Contract’, or of any power herein reserved to the OWNER/ PURCHASER or any right to damages herein provided, nor shall any waiver of any breach in the ‘Contract’ be held to be a waiver of any other or subsequent breach
26.0 CERTIFICATE NOT TO AFFECT RIGHT OF OWNER / PURCHASER AND LIABILITY OF VENDOR/CONTRACTOR
No interim payment certificate of the OWNER/PURCHASER or the ENGINEER, nor any sum paid on account by the OWNER/PURCHASER, nor any extension of time for execution of the ‘Works’ granted by the OWNER/PURCHASER or the ENGINEER shall affect or prejudice the rights of the OWNER/PURCHASER against the VENDOR/CONTRACTOR or relieve the VENDOR/CONTRACTOR of his obligations for the due performance of the ‘Contract’ or be interpreted as approval of the ‘Works’ done or of the equipment furnished and no certificate shall create liability in the OWNER/PURCHASER to pay for alterations, amendments, variations or additional ‘Works’ not ordered, in writing, by the OWNER/PURCHASER or the ENGINEER or discharge the liability of the VENDOR/CONTRACTOR for the payment of damages whether due, ascertained, or certified or not or any sum against the payment of which he is bound to indemnify the OWNER/PURCHASER nor shall any such certificate nor the acceptance by him of any such payment on account or otherwise affect or prejudice the rights of the VENDOR/CONTRACTOR against the OWNER/ PURCHASER.
27.0 SETTLEMENT OF DISPUTES
27.1 Any disputes or differences including those considered as such by only one of the parties arising out of or in connection with the ‘Contract’ shall be to the extent possible settled amicably between the parties.
27.2 If amicable settlement cannot be reached then all disputed issues shall be settled by arbitration as provided in Clause 28.0 below.
Refer Clause 10.0 of Special Conditions of Contract, Section D part 1
29.0 GRAFTS AND COMMISSIONS, ETC.
Any graft, commission, gift or advantage given, promised or offered by or on behalf of the VENDOR/CONTRACTOR or his partner, agent,
officers, director, employee or servant or any one on his or their behalf in relation to the obtaining or to the execution of this or any other contract with the OWNER/PURCHASER, shall, in addition to any criminal liability which may it incur, subject the VENDOR/ CONTRACTOR to the cancellation of this and all other contracts and also to payment of any loss or damage to the OWNER/PURCHASER resulting from any cancellation. The OWNER/PURCHASER shall then be entitled to deduct the amounts so payable from any moneys otherwise due to the VENDOR/ CONTRACTOR under the ‘Contract’.
30.0 LANGUAGE AND MEASURES
All documents pertaining to the ‘Contract’ including specifications, schedule, notices, correspondence, operating and maintenance instructions, drawings or any other writing shall be written in English language. The metric system of measurement shall be used exclusively in the ‘Contract’.
31.0 RELEASE OF INFORMATION
The VENDOR/CONTRACTOR shall not communicate or use in advertising, publicity, sales releases or in any other medium, photographs or other reproduction of the ‘Works’ under this ‘Contract’ or descriptions of the ‘Site’, dimensions, quantity, quality or other information, concerning the ‘Works’ unless prior written permission has been obtained from the OWNER/PURCHASER.
32.0 COMPLETION OF CONTRACT
Unless otherwise terminated under the provisions of any other relevant clause, this ‘Contract’ shall be deemed to have been completed at the expiration of the ‘Guarantee Period’ as provided for under the Clause entitled ‘Guarantee’., clause 41.0
33.0 ENFORCEMENT OF TERMS
The failure of either party to enforce at any time any of the provisions of this ‘Contract’ or any rights in respect thereto or to exercise any option herein provided, shall in no way be construed to be a waiver of such provisions, rights or options or in any way to affect the validity of the ‘Contract’. The exercise by either party of any of its rights herein shall not preclude or prejudice either party from exercising the same or any other right it may have hereunder.
34.0 OWNER’S/PURCHASER’S OR ENGINEER’S DECISION
34.1 In respect of all matters which are left to the decision of the OWNER/ PURCHASER or the ENGINEER including the granting or with-holding of the certificates, the OWNER/PURCHASER or the ENGINEER shall, if required to do so by the VENDOR/CONTRACTOR, give in writing a decision thereon
34.2 If in the opinion of the VENDOR/CONTRACTOR, a decision made by the OWNER/PURCHASER or the ENGINEER is not in accordance with the meaning and intent of the ‘Contract’, the VENDOR/CONTRACTOR may file with the OWNER/PURCHASER or the ENGINEER within Seven (7) days after receipt of the decision, a written objection to the decision. Failure to file an objection within the allotted time will be considered as acceptance of the OWNER’s/ PURCHASER’s or the ENGINEER’s decision and the decision shall become final and binding.
34.3 The OWNER’s/PURCHASER’s or the ENGINEER’s decision and the filing of the written objection thereto shall be a condition precedent to the right to request arbitration. It is the intent of the agreement that there shall be no delays in the execution of the ‘Works’ and the decision of the OWNER/ PURCHASER or the ENGINEER as required shall be promptly observed.
35.0 CO-OPERATION WITH OTHER VENDORS/CONTRACTORS
The VENDOR/CONTRACTOR shall agree to co-operate with the OWNER’s/ PURCHASER’s other VENDORS/ CONTRACTORS and
freely exchange with them such technical information as is necessary to obtain the most efficient and economical design and to avoid unnecessary duplication of efforts. The OWNER/ PURCHASER and the ENGINEER shall be provided with three (3) copies of all correspondence addressed by the VENDOR/ CONTRACTOR to other SUB-VENDORS/ SUB-CONTRACTOR in respect of such exchange of technical information.
36.0 TRAINING OF OWNER’S/PURCHASER’S PERSONNEL
36.1 The VENDOR/CONTRACTOR shall undertake to train, free of cost, engineering personnel selected and sent by the OWNER/ PURCHASER at the works of the VENDOR/ CONTRACTOR. The period and the nature of training for the individual personnel shall be agreed upon mutually between the VENDOR/ CONTRACTOR and the OWNER/ PURCHASER.
36.2 All travelling and living expenses for the engineering personnel to be trained during the total period of training will be borne by the OWNER/PURCHASER. These engineering personnel while undergoing training shall be responsible to the VENDOR/CONTRACTOR for discipline.
36.3 In the event of the OWNER/PURCHASER, for any reason failing to avail of the training facilities, he shall not be entitled for any rebate whatsoever on this account.
36.4 BIDDER shall make positive arrangement for the training of OWNER’s/ PURCHASER’s personnel in Manufacturers/ Collaborator’s Works. BIDDER shall furnish details and place of training, the plans to provide for OWNER’s/ PURCHASER’s personnel.
37.0 SUSPENSION OF WORK
37.1 The OWNER/PURCHASER reserves the right to suspend and reinstate execution of the whole or any part of the ‘Works’ without invalidating the provisions of the ‘Contract’. Orders for suspension or reinstatement of the ‘Works’ will be issued by the OWNER/ PURCHASER to the VENDOR/ CONTRACTOR in writing. The time for completion of the ‘Works’ will be extended for a period equal to duration of the suspension.
37.2 Any necessary and demonstrable costs incurred by the VENDOR/ CONTRACTOR as a result of such suspension of the ‘Works’ will be paid by the OWNER/PURCHASER provided such costs are substantiated to the satisfaction of the OWNER/PURCHASER or the ENGINEER. The OWNER/PURCHASER shall not be responsible for any liabilities if suspension or delay is due to some default on the part of the VENDOR/CONTRACTOR or his SUB-VENDOR/SUB- CONTRACTOR.
38.0 POWER TO VARY OR OMIT WORK
38.1 No alterations, amendments, omissions, suspensions or variations of the ‘Works’ (hereinafter referred to as ‘Variation’) under the ‘Contract’ as detailed in the Contract Documents, shall be made by the VENDOR/CONTRACTOR except as directed in writing by the OWNER/PURCHASER or the ENGINEER but the OWNER/PURCHASER or the ENGINEER shall have full power, subject to the provision hereinafter contained from time to time during the execution of the ‘Contract’, by notice in writing to instruct the VENDOR/CONTRACTOR to make such variation without prejudice to the ‘Contract’. The VENDOR/CONTRACTOR shall carry out such
variation and be bound by the same conditions as far as applicable as though the said variations occurred in the ‘Contract’ documents. If any suggested variations would, in the opinion of the VENDOR/CONTRACTOR, if carried out, prevent him from fulfilling any of his obligations or guarantees under the ‘Contract’ he shall notify the OWNER/PURCHASER or ENGINEER thereof in writing and the OWNER/PURCHASER or the ENGINEER shall decide forthwith whether or not, the same shall be carried out, and if the OWNER/PURCHASER or the ENGINEER confirms his instructions, the VENDOR’s/CONTRACTOR’s obligations and guarantees shall be modified to such an extent as may be mutually agreed. Any agreed difference in cost occasioned by any such variation shall be added to or deducted from the ‘Contract Price’ as the case may be.
38.2 In the event of the OWNER/PURCHASER or the ENGINEER requiring any variation, such reasonable and proper notice shall be given to the VENDOR/CONTRACTOR to enable him to work his arrangements accordingly, and in case where goods or materials are already prepared or any design, drawings or pattern made or work done requires to be altered, a reasonable and agreed sum in respect thereof shall be paid to the VENDOR/CONTRACTOR.
38.3 In any case in which the VENDOR/CONTRACTOR has received instructions from the OWNER/PURCHASER or the ENGINEER as to the requirement of carrying out the altered or additional substituted work which either then or later on, will in the opinion of the VENDOR/CONTRACTOR, involve a claim for additional payments, the VENDOR/CONTRACTOR shall immediately, and in no case later than thirty (30) days after receipt of the instructions aforesaid and before carrying out the instructions, advise the OWNER/PURCHASER or the ENGINEER to that effect. But the OWNER/ PURCHASER or the ENGINEER shall not become liable for the payment of any charges in respect of any such variations, unless the instructions for the performance of the same shall be confirmed in writing, by the OWNER/ PURCHASERE or the ENGINEER.
38.4 If any variation in the ‘Works’, results in reduction of ‘Contract Price’, the parties shall agree, in writing, so to the extent of any change in the price, before the VENDOR/CONTRACTOR proceeds with the change.
38.5 EXTENT OF VARIATION ( CIVIL & ELECTRICAL WORKS)
Quoted rates for all items shall be FIRM, fixed and binding on the contractor irrespective of any variation of quantities of individual items stated therein. The quantity variation may be ±25% of the works.
39.0 ALTERATIONS, ADDITIONS AND OMISSIONS
The Engineer-in-Charge shall have power:
i. to make alteration in, omissions from, additions to or substitutions for the original specifications, drawings, designs and instructions that may appear to him to be necessary or advisable during the progress of the work and
ii. to omit a part of the works in case of non availability of a site or for any other reasons and the contractor shall be bound to carry out the works in accordance with any instructions to him in writing signed by the Engineer-in-Charge and such alterations, omissions, additions or substituted work which the contractor may be directed to do in the manner specified above on the same conditions in all respects including price on which he agreed to do the main work except as hereafter provided.
iii. The contractor shall be bound to carry out in accordance any instructions, which may be given to him in writing by the Engineer- in-Charge and such alterations, omission, additions and substitutions shall not invalidate the contract.
iv. The time for completion of work shall in the event of any deviations resulting in additional cost over the tendered value sum being ordered, be extended, if requested by the contractor, the proportion, which the additional cost of the altered, 'additional or substituted work, bears to the original tendered value.
b) VALUATIONS OF VARIATIONS (FOR ALL WORKS)
Rate for such altered, additional or substituted work shall be determined by the Engineer-in-Charge as follows:
i. If the rate for which altered, additional or substituted item or work is specified in the bill of quantities, the contractor shall carry out the altered, additional or substituted items at the same rate. In the case of composite tenders when two or more bills of quantities may form part of the contract the applicable rate shall be taken from the bill of quantities of that particular part in which the deviation is involved, failing that at lowest applicable rate for the same item of work in the other bill of quantities.
ii. If the rates of such item is provided in Haryana Schedule of rates 1988,same shall be adopted with permissible ceiling premium as applicable on that chapter as on November, 2011 plus %age (above or. below) on that particular chapter quoted by agency.
iii. If the rate for any altered, additional or substituted item of work cannot be determined in the manner specified in sub paras (a) (b) &
(c) above, the contractor shall within 15 days of the date of receipt of the order to carryout the said work, inform the Engineer-in- Charge of the rate which he proposes to claim for such item of work, supported by analysis of the rate claimed and the Engineer- in-Charge shall within three months thereafter, after giving due consideration to the rates claimed by the contractor, determine the rate on the basis of market rate(s). In the event of the contractor failing to inform the Engineer-in-Charge within the stipulated period of time, the rate which he proposes to claim the rate for such item shall be determined by the Engineer-in-Charge on the basis of rate analysis plus 10% for profit and overhead. The rates for analysis shall be based on Haryana Schedule Rate (HSR) plus ceiling premium as applicable on that chapter as on November, 2011 plus
%age (above or below) on that particular chapter quoted by agency.
40.0 PROCEDURE FOR CLAIMS
a) Notice to claims
Notwithstanding any other provision of the contract, if the contractor intends to claim any additional payment pursuant to any clause of these conditions or otherwise he shall give notice of his intention to the Engineer-in-Charge, within 14 days after the event giving rise to the claim has first arisen.
b) Contemporary Records
Upon the happening of the event referred to in sub clause 11.1, the contractor shall keep such contemporary records as may reasonably be necessary to support any claim he may subsequently wish to make. Without necessary admitting the employer's liability, the Engineer-in-Charge shall on receipt of a notice under sub clause 11.1, inspect such contemporary records and may instruct the contractor to keep any further contemporary records as are reasonable and may be material to the claims of which notice has been given. The contractor shall permit the Engineer-in-Charge to inspect all the records kept pursuant to this
sub clause and shall supply him with copies thereof as and when the Engineer-in-Charge so instructs.
c) Substantiation of Claims
Within 14 days, or such other reasonable time as may be agreed to by the engineer-in-Charge of giving notice under sub clause 11.1, the contractor shall send to the Engineer-in-Charge an account giving detailed particulars of the amount claimed and the grounds upon which then claim is based. Where the event giving rise to the claim has a continuing effect, such account shall be considered to be an interim account and the contractor shall, at such intervals as the Engineer-in-Charge may reasonably require, send further interim accounts giving the accumulated amount of the claim and any further grounds upon which it is based. In cases where interim accounts are sent to the Engineer-in-Charge, the contractor shall send a final account within 14 days of the end of the effect resulting from the event. The contractor shall, if required by the Engineer-in- Charge to do so, send copy of all accounts to the Engineer-in- Charge pursuant to this sub clause.
d) Failure to Comply
If the contractor fails to comply with any of the provisions of this clause in respect of any claim which he seeks to make, his entitlement to payment in respect thereof shall not exceed such amount as the Engineer-in-Charge or any arbitrators appointed pursuant to sub clause 19.3 assessing the claims, considers to be verified by the contemporary records (whether or not such records were brought to the Engineer-in-Charge's notice).
e) Payment of claims
The contractor shall be entitled to have included in any interim payment. certified by the Engineer-in-Charge pursuant to clause
15.0 such amount in respect of any claim as the Engineer-in- Charge, may consider due to the contractor provided that the contractor has supplied sufficient particulars to enable the Engineer-in-Charge to determine the amount due. If such particulars are insufficient to substantiate the whole of the claim, the contractor shall be entitled to payment in respect of such part of the claim as such particulars may substantiate to the satisfaction of the Engineer-in- Charge. The Engineer-in-Charge shall notify the contractor of any determination made under this sub clause.
41.1 The VENDOR/CONTRACTOR shall guarantee that the equipment will be new and in accordance with the Contract Documents and be free from defects in material and workmanship for a period of twelve (12) calendar months commencing immediately upon taking over after ‘Performance Tests’ by the OWNER/PURCHASER. The VENDOR’s/ CONTRACTOR’s liability shall be limited to the replacement of any defective parts in the equipment of his own manufacture or those of his SUB-VENDOR/ SUB-CONTRACTORS, under normal use and arising solely from faulty design, materials and/or workmanship provided always that such defective parts are not repairable at the ‘Site’ and are not in the meantime essential in the ‘Commercial Use’ of the plant. Such replaced defective parts shall be returned to the VENDOR/ CONTRACTOR unless otherwise arranged. No repairs or replacement shall normally be carried out by the OWNER/PURCHASER or the ENGINEER when the plant is under ‘Commissioning’ under the supervision of the VENDOR’s/ CONTRACTOR’s supervisory engineers or during ‘Guarantee Period’.
41.2 In the event of an emergency where, in the judgment of the OWNER/ PURCHASER or the ENGINEER, delay would cause serious loss or damage, repairs or adjustments may be made by the OWNER/PURCHASER or the ENGINEER or a third party chosen by the OWNER/PURCHASER or the ENGINEER, without advance notice to the VENDOR/ CONTRACTOR and the cost of such work shall be paid by the VENDOR/ CONTRACTOR, or by the Surety. In the event such action is taken by the OWNER/ PURCHASER or the ENGINEER, the VENDOR/CONTRACTOR will be notified promptly and he shall assist wherever possible in making the necessary corrections. This shall not extinguish the VENDOR’s/CONTRACTOR’s liability under the terms and conditions of the ‘Contract’.
41.3 If it becomes necessary for the VENDOR/CONTRACTOR to replace or renew any defective portions of the plant under this clause, the provisions of this clause shall apply to the portions of the plant so replaced or renewed until the expiration of twelve (12) months from the date of such replacement or renewal. If any defects be not remedied within a reasonable time, the OWNER/PURCHASER or the ENGINEER may proceed to do the work at the VENDOR’s/CONTRACTOR’s risk and costs, but without prejudice to any other rights which the OWNER/PURCHASER may have against the VENDOR/CONTRACTOR in respect of such defects.
41.4 The repaired or new parts will be furnished and erected free of cost at ‘Site’ by the VENDOR/CONTRACTOR. If any repair is carried out on
his behalf at the ‘Site’, the VENDOR/CONTRACTOR shall bear the cost of such repair.
41.5 The cost of any special or general overhaul rendered necessary during the guarantee period due to defects in the plant or defective work carried out by the VENDOR/CONTRACTOR, the same shall be borne by the VENDOR/CONTRACTOR.
41.6 The acceptance of the equipment by the OWNER/PURCHASER or the ENGINEER shall in no way relieve the VENDOR/ CONTRACTOR of his obligation under this clause.
41.7 In the case of those defective parts which are not repairable at ‘Site’ but are essential for the ‘Commercial Use’ of the equipment, the VENDOR/ CONTRACTOR and the OWNER/PURCHASER or the ENGINEER shall mutually agree to a program of replacement or renewal which will minimize interruption to the maximum extent, in the operation of the equipment.
41.8 At the end of the ‘Guarantee Period’, the VENDOR’s/ CONTRACTOR’s liability ceases except for latent defects. In respect of goods supplied by the SUB- VENDORS/ SUB-CONTRACTORS to the VENDOR/CONTRACTOR where a longer guarantee (more than 12 months) is provided by such SUB-VENDORS/ SUB-CONTACTOR, the OWNER/ PURCHASER shall be entitled to the benefit of such longer guarantees.
41.9 During the ‘Guarantee Period’, the VENDOR/CONTRACTOR shall provide, if required by the OWNER/PURCHASER, the services of operation engineers to advise the OWNER/PURCHASER for such periods and in such number, as may be mutually agreed upon. The VENDOR/CONTRACTOR operation engineers shall also train the OWNER’s/PURCHASER’s personnel, act as a liaison between the OWNER/ PURCHASER and the VENDOR/CONTRACTOR, assist the OWNER/PURCHASER in ordering and obtaining spare parts, generally monitoring operation and maintenance and trouble shooting and supervising repair work under guarantee.
41.10 The provisions contained in this clause will not be applicable,
(a) If the OWNER/PURCHASER has not operated the equipment according to generally approved industrial practices and in accordance with the conditions of operation specified and in accordance with operating manuals, if any
(b) In cases of normal wear and tear of the parts to be specially mentioned by the VENDOR/CONTRACTOR in the offer.
41.11 The provisions of this clause including the cost of shipment shall be implemented at the VENDOR’s/CONTRACTOR’s expense.
41.12 The VENDOR/CONTRACTOR shall prove, the guaranteed performance of the equipment in the ‘Performance Tests’ as per clause 59, 60 and 69– INSPECTION, TESTS AND MATERIALS. Should he be unable to do so in the first instance, he shall be given an opportunity to rectify the defects and the ‘Performance Tests’ shall be repeated within the specified time. Should the performance of the equipment be still not be upto guarantees, the OWNER/PURCHASER shall recover as penalty from the VENDOR/ CONTRACTOR amounts as specified in the ‘Specification’ for the performance deficiencies. The OWNER/ PURCHASER also reserves the right to reject the equipment, should the performance deficiencies be beyond a margin specified in the ‘Specification’ should he decide to do so.
41.13 If the VENDOR/CONTRACTOR is a licensee of a qualified manufacturer, the licensor shall be jointly responsible for the design, manufacture and supply of the equipment and shall be required to countersign the guarantees submitted by the VENDOR/ CONTRACTOR. While the financial guarantees shall be provided by the VENDOR/ CONTRACTOR, the responsibility for rectification/modification of the equipment supplied to meet the requirements of the ‘Specification’ shall also be that of the licensor.
42.0 REPLACEMENT OF PARTS AND MATERIALS DEFECTIVE/DAMAGED /LOST DURING TRANSIT
If during the progress of the ‘Works’ the OWNER/PURCHASER or the ENTINEER shall decide and inform in writing to the VENDOR/ CONTRACTOR, that the VENDOR/CONTRACTOR has manufactured any plant or part of the plant unsound or imperfect or has furnished any plant inferior than the quality specified, the VENDOR/CONTRACTOR on receiving details of such defects or deficiencies shall at his own expense, within seven (7) days of his receiving the notice, or otherwise, within such time as may be reasonably necessary for making it good proceed to alter, reconstruct or remove such work and furnish fresh equipment upto the standards of the specifications. Diversion of regular working personnel for such work shall not be permissible and no delay or slow progress should be caused due to execution of such works. The CONTACTOR shall not be entitled for extension of contract period for carrying out such work. In case the VENDOR/CONTRACTOR fails to do so, the OWNER/PURCHASER or the ENGINEER may on giving
the VENDOR/ CONTRACTOR seven (7) days’ notice in writing of his intentions to do so, proceed to remove the portion or the ‘Work’ so complained of and at the cost of the VENDOR/CONTRACTOR perform all such work or furnish all such equipment provided that nothing in this clause shall be deemed to deprive the OWNER/PURCHASER of or affect any rights under the ‘Contract’ which the OWNER/PURCHASER, may otherwise have in respect of such defects and deficiencies.
43.0 DEFENCE OF SUITS
If any action in court is brought against the OWNER/PURCHASER or the ENGINEER or an officer or agent of the OWNER/PURCHASER for the failure, omission or neglect on the part of the VENDOR/CONTRACTOR to perform any acts, matters, covenants or things under the ‘Contract’ or for damage or injury caused by the alleged omission or negligence on the part of the VENDOR/CONTRACTOR, his agents, representatives or his SUB- VENDOR/SUB-CONTRACTOR; or in connection with any claim based on lawful demands of SUB-VENDORS/SUB-CONTRACTORS, workmen, suppliers or employees, the VENDOR/CONTRACTOR shall in all such cases indemnify and keep the OWNER/PURCHASER and the ENGINEER and/or his representative harmless from all losses, damage, expenses or decrees arising out of such action.
The OWNER/PURCHASER shall have full power and right at his discretion to defend or compromise any suit or pay claim or demand brought or made against him as aforesaid whether pending or threatened, as he may consider necessary or desirable and shall be entitled to recover from the VENDOR/CONTRACTOR all sums of money including the amount of damages and compensation and all legal costs, charges and expenses in connection with any compromise or award which shall not be called into question by the CONTRACTOR and shall be final and binding upon him.
44.0 TAXES, PERMITS & LICENCES
The VENDOR/CONTRACTOR shall be liable to pay all Indian / non- Indian taxes, duties and levies lawfully assessed against the OWNER/ PURCHASER or the VENDOR/ CONTRACTOR in pursuant of the ‘Contract’. The VENDOR/ CONTRACTOR shall be responsible for and pay all Indian duties, levies and taxes lawfully assessed against the VENDOR/ CONTRACTOR only. The VENDOR/ CONTRACTOR shall
be solely responsible for all taxes that may be levied on the VENDOR’s/ CONTRACTOR’s profits or on the earnings of any of his employees or personnel engaged by him and shall hold the OWNER/ PURCHASER
indemnified and harmless against any claims that may be made against the OWNER/PURCHASER in this behalf.
45.0 PROGRESS REPORTS AND PHOTOGRAPHS
45.1 During execution of the Contract/Manufacture, the VENDOR/ CONTRACTOR shall furnish Fortnightly progress reports to the OWNER/ PURCHASER or the ENGINEER in a format as specified by the OWNER/ PURCHASER or the ENGINEER, indicating the progress achieved during the month and total progress upto the month as against scheduled and anticipated completion date in respect of key phases or work or manufacture and shipment such as release of drawings for fabrication, procurement of raw material, fabrication, inspection, testing and shipment. If called for by the OWNER/ PURCHASER or the ENGINEER, the VENDOR/ CONTRACTOR shall also furnish to the OWNER/ PURCHASER or the ENGINEER resource data in a specified format and frequency. The VENDOR/ CONTRACTOR shall also furnish any other information, in order to ascertain progress, if called for by the ENGINEER.
45.2 After Site work/erection has commenced, the VENDOR/ CONTRACTOR is to take a series of progress photographs at Site as instructed by the ENGINEER. Each photograph of three (3) prints, is to be of 165 Mm x 216 mm plate and is to be given to the ENGINEER for distribution. An additional set of four (4) prints of each of the progress photographs of size not exceeding 165 mm x 216 mm shall be submitted each month to the ENGINEER.
45.3 The orientation of number of views shall be predetermined with the approval of the ENGINEER and progress photographs shall be taken as per the accepted orientation of views as far as possible.
46.0 TERMS OF PAYMENT
Refer Clause 4.0 of Special Conditions of Contract
The technical information, drawings, specifications and other related documents forming part of the enquiry or ‘Contract’ are property of the OWNER/ PURCHASER and shall not be used for any other purpose, except for execution of the ‘Contract’. All rights, including rights in the event of grant of a patent and registration of designs are reserved. The technical information, drawings, specifications, records and other documents shall not be copied, transcribed, traced or reproduced in any other form or otherwise in whole and/or duplicated, modified, divulged
and/or disclosed to a third party nor misused in any other form whatsoever, without the OWNER’s/PURCHASER’s previous consent in writing, except to the extent required for the execution of this ‘Contract’. This technical information, drawings, specifications and other related documents shall be returned to the OWNER/PURCHASER with all approved copies and duplicates, if any, immediately after they have been used for the agreed purpose.
In the event of any breach of this provision, the VENDOR/ CONTRACTOR shall indemnify the OWNER/ PURCHASER from any loss, cost or damage or any other claim whatsoever from any parties claiming from or through them in respect of such breach.
48.0 LIMIT OF CONTRACT
Equipment furnished shall be complete in every respect with all mountings, fittings, fixtures and standard accessories normally provided with such equipment and/or needed for erection, completion and safe operation of the equipment as required by applicable codes though they may not have been specifically detailed in the respective specifications, unless included in the list of exclusions. All similar standard components/parts of similar standard equipment provided, shall be inter- changeable with one another.
49.0 ENGINEERING DATA
The furnishing of engineering data by the VENDOR/CONTRACTOR shall be in accordance with the schedule as specified in the ‘Specification’. The review of these data by the ENGINEER will cover only general conformance of the data to the specifications and documents interfaces with the equipment provided under ‘Specification’, external connections and of the dimensions which might affect plant layout. This review by the ENGINEER may not indicate a thorough review of all dimensions, quantities and details of the equipment, materials, any devices or items indicated or the accuracy of the information submitted. This review and/or approval by the ENGINEER shall not be construed by the VENDOR/CONTRACTOR, as limiting any of his responsibilities and liabilities for mistakes and deviations from the requirements, specified under these specifications and documents.
All engineering data submitted by the VENDOR/CONTRACTOR after final process including review and approval by the ENGINEER shall form part of the Contract Documents and the entire ‘Works’ covered under these specifications shall be performed in strict conformity unless otherwise expressly requested by the ENGINEER in writing.
50.0 DRAWINGS & DOCUMENTS
50.1 All drawings submitted by the VENDOR/CONTRACTOR including those submitted at the time of Bid shall be in sufficient detail to indicate the type, size, arrangement, weight of each component, breakdown for packing and shipment, fixing arrangements required, the dimensions required for installation and any other information specifically requested.
50.2 Within one week from the date of receipt of the Order, the VENDOR/ CONTRACTOR shall submit copies of the list of all drawings he proposes to submit for approval identifying each by a serial number and descriptive title and giving the expected data of submission. This list shall be reviewed and extended, as necessary, during the progress of work. The schedule of drawings shall be prepared as per the priority of work so as to ensure smooth execution of the project & timely completion. Purchaser has the power to ask for submission of drawings in a sequence which Owner/Purchaser understands shall be useful for timely completion of the projects & also fulfills the Owner Priorities.
50.3 The VENDOR/CONTRACTOR shall submit to the ENGINEER for approval Drawings & Documents in the Following fashion:
a) Commencement of submissions of Drawings & Documents within 15 days from the date of issue of LOI / Work order
b) The drawings shall be approved/ commented/ rejected by the Owner/Purchaser depending upon the merit of the document within 15 days thereof.
c) The Vendor/ Contractor shall resubmit the revised documents / drawings within next 7 days & the same cycle as defined shall be observed.
d) The number of copies as specified in the specifications shall be supplied.
50.4 The ENGINEER shall have the right at all reasonable times to inspect at the factory of the VENDOR/CONTRACTOR all drawings.
50.5 The VENDOR/CONTRACTOR shall not be relieved of his obligations under the ‘Contract’ including but not limited to his Guarantee obligations stated herein, by incorporating the ENGINEER’s design and fabrication comments.
50.6 Any expenses resulting from an error or omission in or from delay in delivery of the drawings and information shall be borne by the VENDOR/ CONTRACTOR.
50.7 After the award of the Contract, the VENDOR/CONTRACTOR shall submit, as per the distribution schedule to be intimated to the Vendor by Purchaser copies of design, calculations, material specifications and detailed drawings as called for in the Equipment specification for the OWNER/ PURCHASER or the ENGINEER’s review. The VENDOR/CONTRACTOR must satisfy the OWNER/PURCHASER or the ENGINEER as to the validity of his design with reference to the requirements of Statutory Code Authorities.
50.8 Drawing submitted for approval shall be signed by responsible representatives of the VENDOR/CONTRACTOR and shall be to any one of the following sizes in accordance with Indian Standards:
A0, A1, A2, A3 or A4.
50.9 The Contractor shall submit all initial documents in 6 copies, final documents in 10 copies along with one soft copy, and ‘as built’ documents in 10 copies along with 1 soft copy in AutoCAD on CD Drives & 1 reproducible. The soft copy and reproducible shall be submitted to the Central Library/Archives of the Owner
50.10 All drawings shall show the following particulars in the lower right hand corner in addition to the VENDOR’s/CONTRACTOR’s name.
a) Name of the PURCHASER
b) Project Title
c) Purchaser Order No./Contract Number
d) Title of Drawing
f) Date of Drawing
g) VENDOR’s/CONTRACTOR’s Drawing Number
h) Space for the ENGINEER’s drawing number.
50.11 In addition to the information provided on drawings, each drawing shall carry a revision number, date of revision and brief details of revisions carried out. Wherever any revision is carried out, correspondingly revision number must be updated.
50.12 All dimensions on drawings shall be metric units, unless otherwise specified.
50.13 The OWNER/PURCHASER or the ENGINEER will return to the VENDOR/CONTRACTOR (a) one print stamped ‘Approved’ or (b) one print stamped ‘approved with comments as noted’, or (c) one print marked with comments. In the case of (a) no further submission of the drawings is required. In the case of (b) the VENDOR/ CONTRACTOR shall correct his original drawing to conform with comments of the OWNER/PURCHASER or the ENGINEER and furnish the corrected drawings to the OWNER/PURCHASER or the ENGINEER for the purpose of records. In the case of (c) the VENDOR/ CONTRACTOR shall correct his original drawing to conform with comments and corrections of the OWNER/PURCHASER or the ENGINEER and resubmit the drawings to the PURCHASER/ ENGINEER within one (1) week after receipt of the marked-up print for approval. When the VENDOR/ CONTRACTOR resubmit the drawing, he should incorporate ENGINEER’s drawing number which corresponds to the VENDOR’s/ CONTRACTOR’s drawing number in the respective drawing. The ENGINEER’s drawing number shall be used thereafter for all purposes of reference.
50.14 Drawing submitted by the VENDOR/CONTRACTOR for approval will be checked / reviewed by the OWNER/PURCHASER or the ENGINEER and comments, if any, on the same will be conveyed to the VENDOR/ CONTRACTOR. It is the responsibility of the VENDOR/ CONTRACTOR to incorporate correctly all the comments conveyed by the OWNER/ PURCHASER or the ENGINEER on the VENDOR’s/CONTRACTOR’s drawings. The drawings which are approved with comments are to be resubmitted to the OWNER/ PURCHASER or the ENGINEER for purpose of records. Such drawings will not be checked / reviewed by the OWNER/ PURCHASER or the ENGINEER to verify whether all the comments have been incorporated by the VENDOR/ CONTRACTOR. If the VENDOR/ CONTRACTOR is unable to incorporate certain comments in his drawings he shall clearly state in his forwarding letter such non-compliance along with valid reasons.
50.15 Any work performed or material ordered by the VENDOR/ CONTRACTOR prior to receipt of drawings stamped ‘Approved with comments as noted’ by the OWNER/PURCHASER or the ENGINEER shall be at the risk of the VENDOR/CONTRACTOR. After print of any drawing has been returned ‘Approved’, the VENDOR/ CONTRACTOR may release all parts covered by the drawing, for production.
50.16 Reproducible, and/or soft copies where called for in the distribution schedule, shall be submitted after the approval of drawings. The
reproducible should be of quality not poorer than a Kilburn reproducible tracing film or equivalent capable of producing clear and legible prints. ‘Sepia’ or similar process reproducible shall not be accepted. Soft copies should be on floppy discs or compact discs (CDs).
50.17 Upon completion of the installation, the VENDOR/CONTRACTOR shall furnish a complete set of drawings on Kilburn reproducible tracing film or equivalent or as called for in the distribution schedule, or other parts of the specification. The VENDOR/ CONTRACTOR shall make in a neat and accurate manner, a complete record of all changes and revisions to the original design, as installed in the completed work. These drawings shall be submitted to the OWNER/ PURCHASER or the ENGINEER for records, these become the property of the OWNER/ PURCHASER.
50.18 Drawings prepared by the VENDOR/CONTRACTOR and approved by the OWNER/PURCHASER or the ENGINEER shall be considered as a part of the specification. However, examination and approval of the drawings by the OWNER/PURCHASER or the ENGINEER shall not relieve the VENDOR/ CONTRACTOR of his responsibility for engineering, design, workmanship and materials, under the Contract.
50.19 If, at any time before the completion of the work, changes are made necessitating revision of approved drawings, the VENDOR/ CONTRACTOR shall make such revision and proceed in the same routine as for the original approval.
51.0 INSTRUCTION MANUALS
51.1 Instruction Manual shall be written in English language unless otherwise specified.
51.2 The VENDOR/CONTRACTOR shall submit to the ENGINEER preliminary instruction manuals for all the Equipment, covered by the ‘Contract’ within one hundred and eighty (180) days or as otherwise specified from the date of his acceptance of the Letter of Intent. The final instruction manuals complete in all respects shall be submitted by the VENDOR/CONTRACTOR before thirty (30) days of the first shipment of the Equipment. The instruction manuals shall contain full details and drawings of all the Equipment furnished, the erection procedures, testing procedures and operation and maintenance procedures of the Equipment. These instruction manuals shall be submitted as per distribution schedule of the Specification.
51.3 If after the commissioning and initial operation of the Plant, the instruction manuals require any modifications/additions/changes, the same shall be incorporated and the updated final instruction manuals shall be
submitted by the VENDOR/ CONTRACTOR to the OWNER/ PURCHASER as per distribution schedule in the Specification.
51.4 The Operating and Maintenance Instructions together with drawings (other than shop drawings) of the Equipment as completed, shall be in sufficient detail to enable the OWNER/PURCHASER to maintain, dismantle, reassemble and adjust all parts of the Equipment. They shall give a step by step procedure for all operations likely to be carried out during the life of the Plant/Equipment including erection, commissioning, testing, operation, maintenance, dismantling and repair. Each manual shall also include a complete set of approved drawings together with performance/ rating curves of the Equipment and test certificates wherever applicable. The ‘Contract’ shall not be considered to be completed for purposes of taking over until such instructions and drawings have been supplied to the OWNER/PURCHASER.
51.5 A separate section of the manuals shall be devoted to each size/type of Equipment and shall contain a detailed description of construction and operation, together with all relevant pamphlets, drawings and a list of parts with procedure for ordering spares. Maintenance instructions shall include charts showing lubrication, checking, testing and replacement procedures to be carried out daily, weekly, monthly and at longer intervals to ensure trouble-free operation. Where applicable, fault location charts shall be included to facilitate finding the cause of mal- operation or breakdown. A collection of the MANUFACTURER’s standard leaflets will not be accepted, to mean compliance of this clause. The manuals shall be specifically compiled for the concerned project
52.0 MISTAKES IN DRAWINGS
The VENDOR/CONTRACTOR shall be responsible for any discrepancies, errors, or omissions in the drawings and other particulars supplied by him, whether such drawings and particulars have been approved by the ENGINEER or not, provided that such discrepancies, errors, or omissions be not due to inaccurate information or particulars furnished in writing to the VENDOR/ CONTRACTOR by the OWNER/ PURCHASER or the ENGINEER. The OWNER/ PURCHASER shall be responsible for drawings and information supplied in writing by the OWNER/ PURCHASER or the ENGINEER and for the details of special work specified by either of them. The OWNER/ PURCHASER shall pay any extra cost reasonably incurred by the VENDOR/ CONTRACTOR due to any alterations of the supply necessitated by reason of inaccurate information so supplied to the VENDOR/ CONTRACTOR.
53.0 FIRST FILL OF OILS, LUBRICANTS, ETC.
All the first fill of oils, lubricants and essential chemicals, etc. which will be required to commission the equipment covered under the scope of the ‘Specification’ shall be furnished by the VENDOR/ CONTRACTOR unless specifically excluded under the exclusions in these specifications and documents.
54.0 MANUFACTURING SCHEDULE
The VENDOR/CONTRACTOR shall submit to the ENGINEER his manufacture and delivery schedules for all equipment within Fifteen (15) days from the date of acceptance of the ‘Letter of Intent’. Such schedules shall be in line with the detailed network for all phases of the work of the VENDOR/CONTRACTOR. Such schedules shall be reviewed, up-dated and submitted to the ENGINEER once every two months thereafter by the VENDOR/ CONTRACTOR.
55.0 REFERENCE STANDARDS
The codes, and/or standards referred to in the ‘Specification’ shall govern, in all the cases wherever such references are made. In case of conflict between such codes and/or standards and the Specifications, the letter shall govern. Such codes and/or standards referred to shall mean the latest revisions, amendments/charges adopted and published by the relevant agencies. In case of any further conflict in the matter, the same shall be referred to the ENGINEER whose decision shall be final and binding.
Other internationally acceptable standards which ensure equal or higher performance than those specified shall also be accepted.
56.0 DESIGN IMPROVEMENTS
The ENGINEER or the VENDOR/CONTRACTOR may propose changes in the ‘Specification’ of the equipment or quality thereof and if the parties agree upon any such changes the ‘Specification’ shall be modified accordingly.
If any such agreed upon change, is such that it affects the price and schedule of completion, the parties shall agree in writing as to the extent of any change in the price and/or schedule of completion before the VENDOR/CONTRACTOR proceeds with the change. Following such agreement the provision thereof shall be deemed to have been amended accordingly.
57.0 QUALITY ASSURANCE PROGRAM
To ensure that the equipment and services under the scope of this ‘Contract’ whether manufactured or performed with the VENDOR’s/ CONTRACTOR’s works or at his SUB-VENDOR’s/ SUB- CONTRACTOR’s premises or at the OWNER’s/ PURCHASER’s ‘Site’ or at any other place of work are in accordance with the ‘Specification’, the VENDOR/ CONTRACTOR shall adopt suitable quality assurance program to control such activities at all points, necessary. Such program shall be outlined by the VENDOR/ CONTRACTOR and shall be finally accepted by the ENGINEER after discussions. A quality assurance program of the VENDOR/CONTRACTOR shall generally cover the following:
(a) His organization structure for the management and implementation of the proposed quality assurance program.
(b) Documentation Control System
(c) The procedure for purchase of materials, parts, components and selection of SUB-VENDOR’s/SUB-CONTRACTOR’s services including vendor analysis, source inspection, incoming raw-material inspection, verification of materials purchased, etc.
(d) System for shop manufacturing and site erection controls including process controls and fabrication and assembly controls.
(e) Control of non-conforming items and system for corrective actions
(f) inspection and test procedure both for manufacture and field activities
(g) control of calibration and testing of measuring and testing equipment
(h) system for indication and appraisal of inspection status
(i) system for quality audits
(j) system for handling storage and delivery and
(k) system for maintenance of records
58.0 ENGINEER’S SUPERVISION
The work shall be performed under the direction and supervision of the ENGINEER. The scope of the duties of the ENGINEER pursuant to the ‘Contract’ will include but not limited to the following:
(a) Interpretation of all the terms and conditions of these documents and specifications
(b) Review and interpretation of all the VENDOR’s drawings, engineering data, etc.
(c) Witness or authorize his representative to witness tests and trials at the MANUFACTURER’s works or at any place where work is performed under the ‘Contract’
(d) Inspect, accept or reject any equipment, material and work under the ‘Contract’
(e) Issue certificate of acceptance and/or progressive payment and final payment certificates
(f) Review and suggest modifications and improvements in completion schedules from time to time and
(g) Supervise the quality assurance program implementation at all stages of the works.
59.0 INSPECTION General
59.1 The Equipment covered by this Contract shall be subjected to inspection and testing. The VENDOR/CONTRACTOR shall provide all services to establish and maintain quality of workmanship in his Work and that of his SUB-VENDORS/SUB-CONTRACTOR to ensure the mechanical accuracy of components, compliance with drawings, identification and acceptability of the materials, parts and Equipment.
59.2 The ENGINEER and/or his duly authorized representative shall have at all reasonable times access to the VENDOR’s/ CONTRACTOR’s premises or Works and shall have the power, at all reasonable times to inspect and examine the materials and workmanship during manufacture and if part of the equipment is being manufactured or assembled on other
premises or Works, the VENDOR/CONTRACTOR shall obtain for the ENGINEER and for his duly authorized representative, permission to inspect as if the Equipment were manufactured or assembled on the VENDOR’s/ CONTRACTOR’s own premises or Works.
59.3 The minimum inspection requirements for all Components/Equipment shall conform to the design and fabrication requirements as defined in the referenced Codes and Standards. The type of inspection shall be prescribed or agreed upon by the OWNER/PURCHASER, and shall include, if applicable, inspection procedures prescribed by Codes and Regulations recognized by the Government Authority having jurisdiction over the installed goods.
59.4 Approval or passing of any such inspection by the OWNER/ PURCHASER or his authorized representative shall not, however, prejudice the right of the OWNER/PURCHASER to reject the equipment if it does not comply with the Specification when erected or give complete satisfaction in service.
59.5 The VENDOR/CONTRACTOR shall give the ENGINEER/INSPECTOR fifteen (15) days written notice of any material being ready for testing. Such tests shall be to the VENDOR’s/ CONTRACTOR’s account except for the expenses of the INSPECTOR. The ENGINEER/INSPECTOR unless the inspection of the tests is virtually waived, shall attend such tests within fifteen (15) days of the date on which the Equipment is notified as being ready for test/ inspection failing which, the VENDOR/CONTRACTOR may proceed with the test which shall be deemed to have been made in the INSPECTOR’s presence and he shall forthwith forward to the INSPECTOR duly certified copies of tests.
59.6 In case , due to reasons, not to be notified or intimated to the Vendor / Contractor, Purchaser is unable to attend or conduct an inspection at the premises as defined above, Purchaser will intimate the vendor about such occurrence and in that case the Vendor/ contractor shall depute his representative, who is qualified enough to do so, for conducting such inspection at the manufacturers works as per the guidelines & submit the inspection report for the Purchasers Review & acceptance .The Clearance shall be issued only after the review of such report by the Purchaser.
59.7 The ENGINEER or INSPECTOR shall within fifteen (15) days from the date of inspection as defined herein give notice in writing to the VENDOR/CONTRACTOR of any objection to any drawings and, all or any Equipment and Workmanship which in his opinion is not in accordance with the ‘Contract’. The VENDOR/ CONTRACTOR shall give due consideration to such objections and shall either make the
modifications that may be necessary to meet the said objections or shall confirm in writing to the ENGINEER / INSPECTOR giving reasons therein that no modifications are necessary to comply with the ‘Contract’.
59.8 When the factory tests have been completed at the VENDOR’s/ CONTRACTOR’s or SUB-VENDOR’s/SUB-CONTRACTOR’s Works, the ENGINEER/INSPECTOR shall issue a certificate to this effect which fifteen (15) days after completion of tests, but if the tests are not witnessed by the ENGINEER/INSPECTOR, the certificate shall be issued within fifteen (15) days of the receipt of the VENDOR’s/CONTRACTOR’s test certificate by the ENGIEER/ INSPECTOR. Failure of the ENGINEER/ INSPECTOR to issue such a certificate shall not prevent the VENDOR/ CONTRACTOR from proceeding with the Work. The completion of these tests or the issue of the certificates shall not bind the OWNER/PURCHASER to accept the Equipment should it, on further tests after erection, be found not to comply with the ‘Contract’.
59.9 In all cases where the ‘Contract’ provides for tests whether at the premises or Works of the VENDOR/CONTRACTOR or of any SUB- VENDOR/ SUB-CONTRACTOR, the VENDOR/CONTRACTOR, except where otherwise specified shall provide free of charge such items as labour, materials, electricity, fuel, water, stores, apparatus and instruments as may be reasonably demanded by the ENGINEER// INSPECTOR or is authorized representative to carry out effectively, such tests of the Equipment in accordance with the ‘Contract’ and shall give facilities to the ENGINEER/INSPECTOR or to his authorized representative to accomplish testing.
59.10 The inspection by the ENGINEER/ or his representative and issue of Inspection Certificates thereon shall in no way limit the liabilities and responsibilities of the VENDOR/CONTRACTOR in respect of the agreed quality assurance program forming a part of the ‘Contract’.
59.11 In the case of stage inspection, the VENDOR/CONTRACTOR shall proceed from one stage to another only after the component is inspected by the OWNER/PURCHASER or his representative and permission given to proceed further. The same procedure shall be adopted for any rectification/repairs suggested by the OWNER/PURCHASER or the ENGINEER/or his representative.
59.12 The OWNER/PURCHASER or the ENGINEER shall have the right to inspect any machinery, material, structures, Equipment or workmanship furnished or used by the VENDOR/CONTRACTOR and may reject any which is defective or unsuitable for the use and purpose intended, or
which is not in accordance with the intent of the Contract. The VENDOR/CONTRACTOR, upon demand by the OWNER/PURCHASER or the ENGINEER, shall remedy or replace at the VENDOR’s/CONTRACTOR’s expense such defective or unsuitable items of the Plant, or the OWNER/PURCHASER or the ENGINEER may, at the expense of the VENDOR/CONTRACTOR (on the basis of cost plus 15% overhead expenditure to cover the Owner’s cost), remedy or replace such defective or unsuitable items of the Plant.
59.13 The OWNER/PURCHASER or the ENGINEER shall at all working hours have access to all parts of the VENDOR’s/ CONTRACTOR’s and his SUB-VENDOR’s/SUB-CONTRACTOR’s factory where the items of the Plant are being prepared, and shall be provided with all reasonable inspection facilities by the VENDOR/ CONTRACTOR. The inspection facilities shall include all necessary tools, instruments, equipment and qualified operators to facilitate inspection. A set of latest prints of the relevant approved drawings shall be made available by the VENDOR/CONTRACTOR to the OWNER/ PURCHASER or the ENGINEER’s INSPECTOR for reference during inspection.
59.14 None of the equipment to be furnished or used in connection with the Contract shall be dispatched until shop inspection, satisfactory to the OWNER/PURCHASER or the ENGINEER has been made. However, such shop inspection shall not relieve the VENDOR/ CONTRACTOR of his responsibility for furnishing equipment conforming to the requirements of the Contract nor prejudice any claim, right or privilege which the OWNER/PURCHASER or the ENGINEER may have because of the use of defective or unsatisfactory items of the Plant. Should the OWNER/PURCHASER or the ENGINEER waive the right to inspect any item of the equipment, such waiver shall not relieve the VENDOR/ CONTRACTOR in any way from his obligation under the Contract. In the event of the OWNER/PURCHASER on the ENGINEER’s inspection revealing poor quality of goods, the OWNER/PURCHASER or the ENGINEER shall be at liberty to specify additional inspection procedures, if required, to ascertain the VENDOR’s/CONTRACTOR’s compliance with the Equipment Specifications.
59.15 Material Tests
i. In the event of the OWNER/PURCHASER or the ENGINEER being supplied with the particulars of tests which have been carried out for the VENDOR/CONTRACTOR by the suppliers of material, he may, at his own discretion, accept the same as proper evidence of compliance with the requirements of appropriate specifications for the materials.
ii. The VENDOR/CONTRACTOR is to provide test pieces as required by the ENGINEER to enable him to determine the quality of material supplied under this Contract. If any test piece fails to comply with the requirements, the ENGINEER may reject the whole material represented by the test piece.
iii. All materials used in the construction of equipment and items covered by this Contract shall also be subjected to one or more of the following non-destructive tests (NDT) – visual, dye penetrant, magnetic particle, ultrasonic or radiographic. Salvaging of material due to unacceptable defect is to be attempted by the VENDOR/ CONTRACTOR only after getting specific concurrence from the OWNER/ PURCHASER or the ENGINEER and according to the approved procedures.
iv. Unless otherwise specified, NDT tests shall be witnessed by the OWNER/ PURCHASER or the ENGINEER.
59.16 Third Party Quality Inspection for Power Transformers
The HSIIDC / such his duly authorized representative and an outside inspection agency as CPRI, ERDA , RITES or any other government approved agency in addition to HSIIDC shall have at all reasonable times free access to the Contractor's/Sub-Vendors premises or works and shall have the power at all reasonable times to inspect and examine the materials and workmanship of the works during its manufacture or erection if part of the works is being manufactured or assembled at other premises or works, the Contractor shall obtain for the Engineer and for his duly authorized representative permission to inspect as if the works were manufactured or assembled on the Contractor's own premises or works. Inspection may be made at any stage of manufacture dispatch or at site at the option of the HSIIDC and the Power Transformers if found unsatisfactory due to bad workmanship or quality, material is liable to be rejected. The inspection fees to outside agency will be made by HSIIDC
Fabrication/inspection procedures shall be in accordance with codes specified or any other approved equal.
60.0 TESTS AT MANUFACTURER’S WORKS
The tests at Works shall include electrical, mechanical and hydraulic tests in accordance with the appropriate clauses of Statutory Regulation, relevant codes and standards and in addition any test called for by the OWNER/ PURCHASER or the ENGNEER to ensure that the equipment being supplied fulfills the requirements of the Specification. The VENDOR/ CONTRACTOR shall carry out all the shop tests and inspections specified under individual items in addition to those normally carried out by him. For equipment not covered by any code or specifically mentioned in this Specification, the tests are to be agreed with the ENGINEER.
60.2 Test Certificates
Test Certificates including test records, performance curves and certificates shall be supplied according to the Distribution Schedule. All the tests shall be carried out in accordance with the provisions of this ‘Contract’.
All test certificates must be endorsed with sufficient information to identify the material or Equipment to which the certificates refer and must carry in the top right hand corner the identification of the OWNER/ PURCHASER and the ‘Contract’.
60.3 Cost of Tests
The cost of making any test shall be borne by the Contractor if such test is clearly intended by or provided for in the Specifications and required under relevant IS / code before acceptance of the equipment / Material.
All the equipment shall be suitably protected, coated, covered or boxed and crated to prevent damage or deterioration during transit, handling and storage at ‘Site’ till the time of erection. While packing all the materials, the limitations from the point of view of availability of railway wagon sizes in India should be taken account of. The VENDOR/ CONTRACTOR shall be responsible for any loss or damage during transportation, handling and storage due to improper packing.
61.0 PRESERVATIVE SHOP COATING
62.1 All exposed metallic surfaces subject to corrosion shall be protected by shop application of suitable coatings. All surfaces which will not be easily accessible after the shop assembly, shall before hand be treated and protected for the life of the equipment. All surfaces shall be thoroughly cleaned of all mill scale, oxide and other coatings and prepared in the shop. The surfaces that are to be finish painted after installation or require corrosion protection until installation shall be shop painted with at least two coats of primer. Electrical equipment shall be shop finished with one or more coats of primer and two coats of high grade resistance enamel. The finished colours shall be as per MANUFACTURER’s standard to be selected and specified by the ENGINEER at a later date.
62.2 Shop primer for all steel surfaces which will be exposed to operating temperature below 95 ºC shall be selected by the VENDOR/ CONTRACTOR, after obtaining specific approval of the ENGINEER regarding quality of primer proposed to be applied. Special high temperature primer shall be used on surfaces exposed to temperatures higher than 95 ºC and such primers shall also be subject to the approval of the ENGINEER.
62.3 All other steel surfaces which are not to be painted shall be coated with suitable dust preventive compound subject to the approval of the ENGINEER.
62.0 PROTECTIVE GUARDS
Suitable guards shall be provided for protection of personnel on all exposed rotating and/or moving machine parts. All such guards with necessary spares and accessories shall be designed for easy installation and removal for maintenance purposes.
63.0 DESIGN CO-ORDINATION
The VENDOR/CONTRACTOR shall be responsible for the selection and design of appropriate equipment to provide the best coordinated performance of the entire system. These basic design requirements are detailed out in the ‘Specification’. The design of various components, sub-assemblies and assemblies shall be so done, so that it facilitates easy field assembly and maintenance.
64.0 CO-ORDINATION MEETINGS
The VENDOR/CONTRACTOR will be called upon to attend design co- ordination meetings with the ENGINEER, other VENDORS/ CONTRACTORS and the ENGINEERS during the period of ‘Contract’. The VENDOR/ CONTRACTOR shall attend such meetings as and when required and fully cooperate with such persons and agencies involved during those discussions.
Co-ordination meetings between the ENGINEER/ PURCHASER and the CONTRACTOR shall be held at frequent intervals to keep a close watch on the progress of work, removal of any bottlenecks in implementation, final program for inspection of works and witnessing of tests.
65.0 TOOLS AND TACKLES
The VENDOR/CONTRACTOR shall supply with the equipment one specified set of all special tools and tackles for the erection, assembly, dis-assembly and maintenance of the equipment. However, these tools and tackles shall be separately packed and brought on to ‘Site” and delivered to the PURCHASER. They will not be issued to the CONTRACTOR for the project work.
66.0 TAKING OVER
Upon successful completion of all the tests to be performed at ‘Site’ on equipment furnished and erected by the VENDOR/ CONTRACTOR, the OWNER/ PURCHASER shall issue to the VENDOR/ CONTRACTOR a taking over certificate as a proof of the final acceptance of the equipment. Such certificate shall not unreasonably be withheld nor will the OWNER/PURCHASER delay the issuance thereof, on account of minor omissions or defects which do not affect the ‘Commercial Use’ and/or cause any serious risk to the equipment. However, besides the specified conditions governing the period under guarantee, additional conditions may be imposed and agreed to between the OWNER/ PURCHASER and the VENDOR/ CONTRACTOR depending on the outcome of the ‘Performance Tests’. Such certificate shall not relieve the VENDOR/ CONTRACTOR of any of his obligations which otherwise survive, by the ‘General Conditions of Contract’ after issuance of such certificate.
67.0 GENERAL OBLIGATIONS
a) Underground Works
During excavation if any underground services are noticed and the same is needed to be removed/ relocated, the cost of removal/relocation shall be determined by the Engineer-in-Charge and reimbursed to the contractor after getting approval of the employer.
b) Workmen Compensation Act, 1923
The act provides for compensation in case of injury by accident arising out of land during the course of employment.
c) Payment of Gratuity Act, 1972
Gratuity is payable to the employee under the Act on satisfaction of certain conditions on separation if an employee has completed 5 years of service or more or on death at the rate of 15days wages for every completed year of service. The act is applicable to all establishments employing 10 or more employees.
d) Employees P.F and Miscellaneous Provision Act, 1952
The Act provides for monthly contributions by the employer plus worker @ 10% or 8.33%
The benefits payable under the act are:
i). Pension or family pension on retirement or death as the case may be.
ii). Deposit linked insurance on the death in harness of the worker.
iii). Payment of P.F accumulation on retirement/death etc.
e) Maternity Benefit Act, 1951
The Act provides for leave and some other benefits to women employees in case of Confinement or miscarriage etc.
f) Contract Labour (Regulation and Abolition) Act, 1970
The Act provides for certain welfare measures to be provided by the contractor to contract labour and in case the contractor fails to provide , the same are required to be provided by the principal Employer by Law. The Principal Employer is required to take a
license from the designated officer. The Act is applicable to the establishment or contractor of principal Employer if the employer employs 20 or more contract labour.
g) Minimum Wages Act, 1948.
The employer is supposed to pay not less than the Minimum Wages fixed by appropriate Government as per provision of the Act if the employment is a scheduled Employment.
h) Payment of wages Act,1936
It lays down as to by what date the wages are to be paid, when it will be paid, and what deductions can be made from the wages of the workers.
i) Equal Remuneration Act, 1979
The Act provides for payment of equal wages for work of equal nature to Male and Female workers and for not making discrimination against female employees in the matters of transfers, training and promotions etc.
j) Payment of Bonus Act, 1965
The Act is applicable to all establishments employing 20 or more workmen. The Act provides for payment of annual bonus subject to a minimum of 8.33% of the wages and maximum of 20% of wages to employees drawing Rs.3500 P.M. or less. The bonus to be paid to employees getting Rs.2500-P.M. or above upto Rs.3500- P.M. shall be worked out by taking wages as Rs.2500- per month only. The Act does not apply to certain establishment. The newly setup establishments are exempted for five years in certain circumstances. Some of the State Governments have reduced the employment size from 20 to 10 for the purpose of applicability of The Act. Updated amendments of act shall apply completely
k) Industrial Disputes Act, 1947
The Act lays down the machinery and procedure for resolution of industrial dispute, in what situations a strike or lockout becomes illegal and what are the requirements for laying off or retrenching the employees or closing down the establishment
l) Industrial Employment (Standing Orders) Act, 1946
It is applicable to all establishments employing 100 or more workmen employment size reduced by some of the states and Central Government to 50). The act provides for laying down rules governing the conditions of employment by the employer on matters provided in the Act and get the same certified by the designated authority.
m) Trade Unions Act, 1926
The Act lays down the procedure for registration of trade unions of workmen and employers. The trade unions registered under the Act have been given certain immunities from civil and criminal liabilities.
n) Child Labour (Prohibition & Regulation) Act, 1986
The Act prohibits employment of children below 14 years of age in certain occupations and processes and provides for regulation of employment of children in all other occupations and process, employment of child labour is prohibited in building and Construction Industry.
o) Inter – State Migrant Workmen’s (Regulation of Employment & Condition of Service) Act, 1979
The Act is applicable to an establishment which employs 5 or more inter state migrant workmen through an intermediary (who has recruited workmen in one state for employment in the establishment in another state). The inter state migrant workmen in an establishment to which this act becomes applicable are required to be provided certain facilities such as housing, medical aid, traveling expenses from home upto the establishment and back etc.
p) The building and other Construction Workers (Regulation of Employment and Condition of Service) Act, 1996 and the Cess Act, 1996
All establishments who carry on any building or other construction work and employ 10 or more workers are covered under this Act. All such establishments are required to pay cess at the rate not exceeding 2% of the cost of construction as may be notified by the Government. The employer of the establishment is required to provide safety measures at the building or construction work and other welfare measures, such as Canteens, First Aid Facilities, Ambulance, Housing accommodation for workers etc. The employer to whom the Act applies has to obtain a registration
certificate from the Registering officer appointed by the Government.
However the contractor shall follow all the various acts with latest amendments.
68.0 MATERIALS, PLANT AND WORKMANSHIP - CIVIL WORKS
a) Quality of Materials, plant and workmanship
All materials, plant and workmanship shall be:
I. of the respective kind described in the contract and in accordance with the Engineer-in-Charge's instructions and
II. Subjected from time to time to such tests as the Engineer-in- charge may require at the place of manufacturer, fabrication or preparation or on the site or at such other places as may be specified in the contract as decided by the Engineer-in-Charge.
The contractor shall provide such assistance labour electricity, fuels, stores, tools and tackles apparatus and instruments as are normally required for examining, measuring and testing any materials or plant and shall supply samples or materials before incorporation in the works for testing as may be selected and required by the Engineer-in-Charge.
b) Field test laboratory
i. The contractual agency will maintain a fully fledged field laboratory, where all equipments to conduct tests for quality control of materials works executed shall be kept, so that all field tests of all the components of this contract can be carried out without any hindrance.
Proper records of all tests shall be maintained. Copies of all tests conducted in field laboratory shall be given to Engineer-in- Charge. The staff of employer will have access to this laboratory and will have power to conduct supervise field tests of various any item in their presence. The total cost of establishing maintenance and conducting field tests shall be borne by the contractor.
ii. Cost of samples
All samples shall be prepared and supplied by the contractor at his own cost.
c) Testing from outside laboratory.
i. The employer reserve its right to get material/ works tested from some reputed outside field laboratory such as Shrirarn Test House, IlT Delhi or NlT Kurukshetra also and agency will have no objections for same whatsoever. However, the cost of making such test samples and its transportation to such tests laboratory etc. shall be 'borne by contractor. However, the fees of laboratory for such tests shall be paid by employer.
ii. HSllDC reserves its right to get any material tested from outside reputed test house as referred above for testing, to ensure quality of all material. Bijt in case of failure of any lot of material, all the work executed with that lot of material shall be rejected.
iii. Sampling of work in progress shall be carried out by representative of Engineer-in-Charge, and shall be got tested from reputed test house as referred above for quality control. But in case of failure of any sample, cost. of testing charges shall be recovered from agency with a fine of Rs.l0,000/- per sample in addition to rectification of defective work, to the entire satisfaction of Engineer-in-Charge as defined in the Haryana PWD specification/NIT/BOQ/Specification Bid Document.
d) Inspection facilities
The Engineer-in-Charge and any person authorized by him shall at all reasonable times have access to the site and to all workshop and places where materials or plant are being manufactured fabricated or prepared for the works and the contractor shall afford every facility for and every assistance in obtaining the right to such access.
e) Inspection and Testing
The Engineer-in-Charge shall be entitled during manufacture fabrication or preparation of inspection and test the materials and plant to be supplied under the contract. If materials or plant are being manufactured, fabricated or prepared in workshop of places other than those of the contactor, the contractor shall obtain permission for the Engineer-in-Charge to carry out such inspection and testing in those workshops or places, such inspection or testing
shall not release the contractor from any obligations under the contract.
f) Dates for inspection and testing.
The contractor shall agree with the Engineer-in-Charge on the time and place for the inspection of testing of any materials or plant as provided in the contract. The Engineer-in-Charge shall give the contractor not less than 24 hours notice of his intention to carry out the inspection or to attend the tests. If the Engineer-in-Charge, or his duly authorized representative does not attend on the date agreed, the contractor may unless otherwise instructed by the Engineer-in-Charge proceed with the tests, which shall be deemed to have been made in the presence of the Engineer-in-Charge
If at the time and place agreed inspection and testing of equipment & materials, the materials or plant are not ready for inspection or testing or if as a result of inspection or testing referred to in this clause the Engineer-in-Charge determines that the materials or plant are defective or otherwise not in accordance with the contract he may reject the materials or plant and shall notify the contractor thereof immediately. The notice shall state the Engineer-in- Charge's objection with reasons. The contractor shall then promptly make good the defect or ensure that rejected materials or plant comply with the contract. If the Engineer-in-Charge so requests the test of rejected materials or plant shall be made or repeated under the same terms and condition with the employer and the contractor be determined by the Engineer-in-Charge and shall be recoverable from the contractor by the employer and may be deducted from any monies due or to become due to the contractor and the Engineer- in-Charge shall notify the contractor accordingly.
69.0 MEASUREMENTS – CIVIL WORKS
a) Measurements of work executed
The contractor shall, without extra charges, provide all assistance with every appliance, labour and other things necessary for measurements and recording levels .Except where any general or detailed description of the work expressly shows to the contrary, measurements shall be taken in accordance with the procedure set forth in the specifications notwithstanding any provisions in the relevant Indian Standard Method of Measurement or any general or
local custom. In the case of items which are not covered by specifications, measurement shall be taken accordance with the relevant standard method of measurement issued by the Bureau of Indian Standards-and If for any item no such standard is available then a mutually agreed method shall be followed. The contractor shall give not less than seven days notice to the Engineer-in- Charge or his authorized representatives in charge of work before covering up or otherwise placing beyond the reach of measurement any work in order that the same may be measured and correct dimensions thereof be taken before the same is covered up or placed beyond the reach of measurement and shall not cover up and place beyond the reach of measurement any work without consent in writing of the Engineer-in-Charge or his authorized representative in charge of the work who shall within the aforesaid period of seven days inspect the work, and if any work shall be covered up or placed beyond the reach of measurement without such notice having been given or he Engineer-in-Charge consent not being obtained in writing, the same shall be uncovered at the contractor's expense, or in default thereof no payment or allowance shall be made for such work o r a e materials with which the same was executed.
Engineer-in-Charge or his authorized representative may cause either themselves or through another officer of the HSIIDC to check the measurements recorded jointly or otherwise as aforesaid and all provisions stipulated herein above shall be applicable to such checking of measurement or levels.
It is also a term of this contract that recording of measurement of any item of work in the measurement book and/or its payment of the interim, on account or final bill shall not be considered as conclusive evidence as to the sufficiency of any work or material to which it relates nor shall it relieve the contractor from liabilities from any over measurement or defects noticed till completion of the Defects Liabilities Period.
b) Monthly Payments
The said statement shall be approved or amended by the Engineer- in- Charge in such a way that in his opinion, it reflects the amount due to the contractor in accordance with the contract, after deduction, of any sums which may have become due and payable by the contactor to the Employer. In case where there is difference of opinion as to the value of any item the Engineer-in-Charge's view shall prevail. Within the 7th day of the month following the receipt of the monthly statement, the Engineer-in-Charge shall determine the
outstanding amounts due to the contractor and shall issue to the contractor a certificate called "interim Payment Certificate" certifying the amount due to the contractor. However, the Engineer-in-Charge may recommend advance payment against on account bills when there is likely to be delay in authorizing payments for some special reasons which should be recorded
70.0 Local Taxation
The price bid by the contractor shall include all custom duties, excise duties, VAT, service tax, import duties, business taxes, income and other taxes that may be levied in accordance to the laws and regulations in being as of date 28 days prior to the closing date for submission of bid in the employer's country on the contractor's equipment, plant, materials and supplies (permanent, temporary and consumable) acquired for the purpose of the contract and on the services performed under the contract. Nothing in the contract shall relieve the contractor from his responsibility to pay that may be levied in the employer's country on profits made by him in respect of the contract. Cess @ 1% of total cost of construction of project from the payment of contractor under Sec-3 of the building & other construction work welfare Cess Act-1996 & registration of establishment under section-7 of building & other construction works. (Regulation of employment and condition of service tax Act-1996) shall be deducted from all running and final bills or as revised by the state Govt. from time to time.
71.0 PRICE VARIATION CLAUSE FOR CEMENT & STEEL REINFORCEMENT BARS
If after submission of tender, the price of cement and / or steel reinforcement bars incorporated in the works (not being a material supplied from the Engineer-In-Charge’s store) increase (s) beyond the price (s) prevailing at the time of the last stipulated date for receipt of tenders (including extensions, if any) for the work, then the amount of the contract shall accordingly be varied and provided further that any such increase shall not be payable if such increase has become operative after the stipulated date of completion of work in question.
If after the submission of the tender, the prices of cement and /or steel reinforcement bars incorporated in the works ( not being a material supplied from the Engineer-In-Charge’s stores ) is decreased, HSIIDC shall in respect of the materials incorporated in the works (( not being a material supplied from the Engineer-In-Charge’s stores) be entitled to deduct from the dues of the contractor such amount as shall be equivalent to the difference between the prices of the cement and /or steel reinforcement bars as prevailed at the time of the last stipulated
date for the receipt of tenders including extensions, if any for the work and the prices of these materials on the coming into force of such base price of cement and / or steel reinforcement bars as stipulated in the tender documents.
It is further clarified that the decrease in the prices of cement & steel shall be deducted from the dues of the contractor if such decrease has become operative after the stipulated date of completion of work in question and increase shall not be payable if such increase has become operative after the stipulated date of completion of work in question.
The increase / decrease in prices shall be determined by the All India Wholesale Price Indices for cement and Steel (bars and rods) as published by the Economic Advisor to Government of India, Ministry of Commerce and Industry and base price for cement and /or steel reinforcement bars issued under authority of Engineer-In-Charge, as valid on last stipulated date of receipt of tender, including extension if any and for the period under consideration.
The amount of the contract shall accordingly be carried for cement and / or steel reinforcement bars and will be worked out as per the formula given below:-
a) Adjustment for component of ‘Cement’ Vc = Pc x Qc x CI – CIo
Variation in cement cost i.e. increase or decrease in the amount in rupees to be paid or recovered.
Base price of cement as issued under authority of Engineer-In-Charge,
Valid at the time of the last stipulated date of receipt of tender, including extension if any.
Qc = Quantity of cement used in the works since previous bill.
CIo = All India Monthly Wholesale Price Index for Grey Cement as published by the Economic Advisor to Govt. of India, Ministry of Industry and Commerce as valid on the last stipulated date of receipt of tenders including extensions, if any.
CI = All India Monthly Wholesale Price Index for Grey Cement for period under consideration as published by Economic Advisor to Government of India, Ministry of Industry and Commerce.
b) Adjustment for component of ‘ Steel Reinforcement bars’ Vs = Ps x Qs x SI-SIo
Vs = Variation in cost of steel reinforcement bars i.e. increase or decrease in the amount in rupees to be paid or recovered.
Ps = Base price of steel reinforcement bars, as issued under authority of Engineer-In-Charge, at the time of the last stipulated date of receipt of tender, including extension if any.
Qs = Quantity of Steel Reinforcement bars paid either by way of secured advance or used in the works since previous bill (whichever is earlier)
SIo = All India Monthly Wholesale Price Index for Rebars for the period Under consideration as published by the Economic Advisor to Govt. of India, Ministry of Industry and Commerce as valid on the last stipulated date of receipt Of tenders including extension, if any.
SI = ALL India Wholesale Price Index for Rebars for the period Under consideration as published by the Economic Advisor to Government. of India, Ministry of Industry and Commerce.
All India Wholesale Price Indices for Grey Cement and Rebars as Published by the Economic Advisor to Government of India, Ministry of Commerce and industry, which is available on Website http//eaindustrty.nic.in.
The base price of cement and steel for operation of above clause is as under:
Base Price (In Rs.)
Cement OPC i.e. Pc
5,000/- per MT
Fe-500, Earth Quake Resistant TMT Steel
Reinforcement Bars i.e. Ps
47,000/- per MT
i. All correspondence from the VENDOR/ CONTRACTOR to the OWNER/ PURCHASER shall be as per the ‘Documents Distribution Schedule”.
ii. Any notice to the VENDOR/CONTRACTOR under the terms of the ‘Contract’ shall be served by Purchaser/ Owner, in writing at Vendor’s principal place of business.
Any notice to the OWNER/PURCHASER shall be served at the OWNER’s/CONTRACTOR’s principal office in the same manner
Section D Special Conditions of Contract
The following clauses shall be read in conjunction with General Conditions of Contract (GCC) as well as Technical Specification to the extent applicable. In case of any discrepancies between the stipulations in these documents, the General Conditions of Contract shall stand superseded by Special Conditions of Contract.
1.0 SCOPE OF WORK
The Scope of work shall be as specified in the Technical Requirements Book 2 and Book 3A, 3B (Electrical & Civil) for Rai. Bidders are requested to understand the complete scope of work for the completeness of the project as per the scope bought out under this bid document. Bidders can seek clarifications on any part of the scope before understanding the bid.
2.0 PRICES & RATES:
The Prices/rates are inclusive of materials, to the extent required for completion of works and are “FIRM” without any escalation whatsoever. These are valid till actual completion of entire work and taking over of the works by the Owner, (except for items where variation is allowed as per IEEMA clause no.14 GCC)
The Prices/ rates are inclusive of all Taxes, duties, particularly WCT & Sales Tax, Service tax etc. wherever applicable, and same shall remain valid irrespective of quantum of changes in quantities of various items.
It is also being made clear that the rates to be quoted by the bidders shall be inclusive of total service tax liability for this work. The service tax liability of the HSIIDC, as per applicable law, in respect of this work shall be borne by the bidder, notwithstanding the fact that part of Service Tax liability is also to be borne by the bidder itself. The deduction in respect of Service Tax liability part of HSIIDC will be made from running bills as well as final bill of the bidder. This deduction will be applicable if the bidder is not a Company under the Companies Act, 1956 as in case of a Company, 100% service tax liability is to be borne by the Company itself.
The order value is based on the quantity, unit rates and values quoted and shall be subject to adjustment based on actual quantities supplied, executed at site and certified by the Owner’s Engineer-in-charge.
The quantities for Electrical & Civil Works are indicated in the schedule of quantities & rates for both the works.