SECTION – I
NOTICE INVITING TENDER
TRIPURA STATE ELECTRICITY CORPORATION LIMITED
NOTICE INVITING COMPETITIVE BIDDING / TENDER FOR MAJOR REPAIRING OF 180 NOS. DISTRIBUTION TRANSFORMER (SINGLE PHASE / THREE PHASE) OF CAPACITY 10 KVA -02 NOS., 16 KVA -10NOS(6NOS.Al, 4nos. Cu), 25 KVA-60NOS. (CYLINDRICAL: 6 NOS. Al,CYLINDRICAL: 6
NOS.Cu & RECTANGULAR: 48 NOS.), 63 KVA (70NOS.), 100 KVA (30 NOS.), 200 KVA (04 NOS.), 315 KVA (03 NOS.) & 500 KVA (01 NOS.) 11/0.433 KV DISTRIBUTION TRANSFORMER COMPLETE WITH REPLACEMENT OF DAMAGE COMPONENT.
The Deputy General Manager, Electrical Division, Udaipur, Gomati, Tripura invites Two-Parts sealed tender on behalf of TSECL from the resourceful experienced Tripura State based Transformer manufacturing / repairing units having experience in similar nature of work.
Description of item
Estimated cost Earnest money
Last date of receiving Date of opening
Cost of Tender
Time of completion
Major repairing of
180nos. distribution transformer (single
26/05/2016 upto 1.30P.M
27/05/2016 upto 1.30P.M
Shall be decided by
phase / three phase) of
capacity 10 KVA -02
nos., 16 KVA-10nos.
(6nos, Al., 4nos, Cu),25
: 6 nos. Al,Cylindrical : 6
nos. Cu. &Rectangular
:48 nos.), 63 KVA (70
nos.), 100 KVA (30
nos.), 200 KVA (4 nos.),
315 KVA (03 nos.) &
500 KVA (01 nos.)
11/0.433 KV distribution
with replacement of
Two part tender consists of the following and shall be opened sequentially.
i) Pre-qualification & Techno-commercial bid
ii) Price bid
2.0 SCOPE OF WORK:
Major repairing of distribution transformers including supply of requisite damaged component, painting of transformers &testing (routing & acceptance test) as per direction of the engineering in-charge. Scope of work covered under this package shall include “To & Fro” transportation of transformer from BanduarWorkshop , Udaipur to tenderer’s workshop and back should be done by the Tenderer. Cost of inspection of transformer after opening the lid of transformer before repairing and after repairing by the inspecting officer,shall have to be borne by the Tenderer.
3.0 Scope of work given above is only indicative. The detailed scope has been described in the price bidding schedule attached with this bidding document.
4.0 QUALIFYING REQUIREMENTS FOR BIDDERS
The bidder must have experience in the similar nature of job and shall have to submit performance certificate of similar nature of work, failing which bid will be treated as informal.
5.0 PRE-QUALIFICATION, TECHNO-COMMERCIAL& PRICE BID
I. 1st Part (ThePre-qualification &Techno-Commercial bid): The Pre-qualification bid shall be consisting of the following documents in sealed envelope:-
a) Intending bidder(s) should download the “Bid-Document” and to be submitted / dropped within the scheduled date & time accompanying along with the cost of the tender document as well as Earnest Money Deposit (EMD) in the shape of Bank Demand Draft from any schedule bank guaranteed by Reserve Bank of India favouring TRIPURA STATE ELECTRICITY CORPORATION LIMITED payable at Udaipur along with the bid in the separate sealed envelope. The 1st part offer should refer only with the inscription “Pre-qualification & Techno- Commercial” in sealed envelope with the NIT No. and to be submitted within date specified and shall be opened in presence of duly authorized representative of intending bidder(s).
BID NOT ACCOMPANIED WITH REQUISITE BID EARNEST MONEY AND COST OF TENDER DOCUMENT IN A SEPARATESEALED ENVELOPE SHALL NOT BE ENTRTAINED AND SHALL BE RETURNED TO THE BIDDER WITHOUT BEING OPENED.
b) Containing Documentary Evidence of the Bidder fulfilling the Qualifying Requirements stipulated in the NIT / Bid Document. The document to be submitted shall include copies of the relevant work order / Award letters / Agreements etc. and corresponding completion certificates issued by the concerned clients. The Bidder shall also furnish copies of the audited balance sheet and Profit and Loss Accounts for the last financial years (w.r.t. the Bid Opening Date). The Bidder shall also submit sales tax clearance certificate and all such other documents deemed necessary in support of their meeting the stipulated qualifying requirement and its credentials.
c) Containing Bidders Technical Proposal along with their Commercial Terms, Payment Terms in conformity with the Bid Documents.
Non fulfillment of Pre- Qualification & Technical bid requirements shall be treated as non- responsive bid and shall be liable for rejection. No tender submitted or received through post after the schedule date and time will be entertained.
II. 2nd Part (Price bid): Only the successful Pre- Qualification & Techno-commercial bid shall be considered for participating in price bid. Similarlyprice bid should have the inscription “Price Bid” in sealed envelope with the NIT No.& date. The commercial bid shall be opened on prior information to all approved bidders in this segment.
6.0 The tender form can be seen and downloaded from the website d TSECL’s official website (URL: http://www.tsecl.nic.in/). All the proposals shall be separately sealed with the inscription of proposal (bid) along with tender reference. The offers containing all two (2-Part) proposalsshall be sealed in a big envelop with the NIT No. & date of opening scheduled and to besubmitted within date specified and shall be opened sequentially in presence of authorized representative of intending bidders.
7.0 The bidder shall bear all cost and expenses associated with submission of its bid including post bid discussions, technical & other presentation etc. and TSECL will in no case be responsible or liable for those cost, regardless of the contract or outcome of the bidding process.
8.0 The bidder shall furnish documentary evidence in support of qualifying requirements stipulated above along with their bid. Bid received without such documents shall be summarily rejected. Moreover, any instance of suspension of similar nature work even after stipulated date of completion in previous occasion without showing any satisfactory reason, the bid will be liable for rejection.
9.0 The bidder shall be required to deposit earnest money @ 2 % of the estimated cost put to tender subject to maximum of Rs.5.00 lacs in the shape of Demand Draft or Banker Cheque from any schedule Bank guaranteed by Reserve Bank of India favouring TRIPURA STATE ELECTRICITY CORPORATION LIMITED payable at Udaipur along with the bid in a separate sealed envelope. The earnest money deposited is adjustable with contract performance guaranty.
10.0 CONTRACT PERFORMANCE GUARANTEE
On award of work the successful bidder shall be required to furnish a contract performance guarantee@ 10% of the LOA value in the shape as detailed below:
a. 50% of Contract Performance Guarantee (CPG) in the shape of Bank Guarantee (BG) from any schedule Bank guaranteed by Reserve Bank of India favouring TRIPURA STATE ELECTRICITY CORPORATION LIMITED payable at Udaipur.
b. Balance 50% amount will be deducted from running bills on pro-rata basis or minimum 10% of the balance amount whichever is higher from each bill till full realization of Contract Performance Guarantee (CPG) & this deduction shall be completed before processing of final bill.
11.0 The bidding documents are not transferable and cost of bidding documents is not refundable under any circumstances.
12.0 The bidder should submit tender for each work in separate sealed envelope inscribing Name of the work along with NIT No. and date.
13.0 The Bidder should submit the following attested documents with the tender during the time of Dropping: -
a) PTCC/STCC of Current Validity
b) Copy of PAN Card
c) Copy of Trade License andFactory License
d) Audited Accounts
e) Supply Performance Certificate
14.0 Place of Dropping: - Tender will be received only at O/o the Deputy General Manager, Electrical Division, Udaipur up to 1.30PM of the notified schedule date. The pre-qualification bid shall be opened on the same day if possible; otherwise the pre-qualification bid shall be opened on the next working day or may be communicated with confirmation of the opening date.
15.0 TSECL will not be liable for any delay by post / courier in receiving any tender for the work. Tender received within the schedule date and time shall only be considered.
16.0 This bidding/tender process has been invited for finalization rates which shall be valid till 31.05.2017. But TSECL reserves the right to further extend the continuation of the approved rates of this tender process for at least another 6(six) months w.e.f. 31.05.2017.
17.0 The item rates as per schedule of this tender process shall be finalized on the basis of overall lowest price offered subject to compliance of “Pre-Qualification & Techno-commercial bid”.
18.0 Distribution Transformer plays an important role in providing reliable power supply to the consumers end. TSECL cannot depend only on any singular repairing agency for placing work order for execution of the quantity mentioned in this tender. Therefore this is mandatory that TSECL reserves the right to split the tender quantity among the participant bidders of this process subject to acceptance of the approved rates.
19.0 The successful bidders/approved bidders shall have to execute an agreement with the Deputy General Manager, Electrical Division, Udaipur, and be allowed running bill quarterly based on satisfactory performance with respect to terms & conditions / special terms & conditions after due verification and certification by the concerned Sr. Manager/Manager , TSECL.
20.0 The Agreement shall be valid up to the months for completion of delivery of the ordered quantity and shall be reckoned from the 7th Day of the issue of the work order. Deliveryschedule of repaired DT’S shall be finalized between TSECL& the approved bidders during placing of the LOA. Please note that time allowed for completion of the supply is the essence of this order/contract. If necessary it may extend be for further period at same Rate(s), Terms & Conditions as may be decided by the authority.
21.0 Taxes as applicable shall be deducted at source.
22.0 The bidder should quote rate(s) and amount both in figure & words respectively.
23.0 The successful bidder will have to enter in an agreement with TSECL.
24.0 The intending bidder must be willing to produce the break-up of prices if desired by the authority.
25.0 Address for communication.
The Deputy General Manager Electrical Division
Udaipur, Gomati, Tripura Ph.No. 0382122371
SECTION – II INSTRUCTION TO BIDDERS
1.0 GENERAL INSTRUCTIONS
The bidders are to satisfy themselves by actual site visit to the site of work as regards the prevailing condition of approaches, transportation facilities, availability of laborers and availability of materials etc. before submission of bid. No claim or excuse on this account will be entertained at any stage later on. All materials are to be supplied to Electrical Workshop ,Banduar, Udaipur including storing, stacking etc as required.
2.0 COST OF BIDDING
The Bidder shall bear all the costs and expenses associated with preparation and submission of its Bid including post-bid discussions, technical and other presentation etc. and the owner shall in no case be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process.
3.0 THE BIDDING DOCUMENT
3.1. CONTENTS OF BIDDING DOCUMENTS
The goods and services required, bidding procedures and contract terms are as prescribed in the Bidding Documents.
In addition to the Invitation for Bids, the Bidding Documents is a compilation of the following sections:
Section – I : Notice Inviting Tender Section – II : Instructions to Bidders
Section – III : General Terms & Conditions of Contract Section – IV : Special instruction to Bidder(s)
Section – V : Scope, condition of contract & General Clauses Section – VI : Price bidding schedule
3.2. UNDERSTANDING OF BIDDING DOCUMENTS
A prospective Bidder is expected to examine all instructions, forms, terms and specifications in the Bidding Documents and fully inform himself as to all the conditions and matters which may in any way affect the scope of work or the cost thereof. Failure to furnish all information required by the Bidding Documents or submission of a Bid not substantially responsive to the Bidding Documents in every respect shall be at the Bidder’s risk and may result in the rejection of its Bid.
4.0 CLARIFICATIONS ON BIDDING DOCUMENTS
4.1. If prospective Bidder finds discrepancies or omissions in the specifications and documents or is in doubt as to the true meaning of any part or requires any clarification on Bidding Documents should make the request / notify the tender inviting authority of TSECL in writing. The concerned authority of TSECL shall respond in writing to any request for such clarification of the Bidding Documents, which it receives not later than fifteen (15) days prior to the deadline for submission of bids stipulated in tender notice. Written copies of the response (including an explanation of the query but without identifying its source) shall be sent to all prospective bidders who purchased the tender document.
4.2. Verbal clarification and information given from any offices of TSECL or his employee(s) or his representative (s) shall not in any way be binding on TSECL.
5.0 AMENDMENT TO BIDDING DOCUMENTS
5.1. At any time prior to the deadline for submission of bids, TSECL may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Bidder, modify the Bidding Documents by amendment (s).
5.2. The amendment shall be notified in writing or by Fax or Post or Email to all prospective Bidders, who have received the Bidding Documents at the address contained in the letter of request for issue of Bidding Documents from the Bidders. TSECL shall bear no responsibility or liability arising out of non-receipt of the same in time or otherwise.
5.3. In order to afford prospective bidders reasonable time to take the amendment into account in preparing their bids, TSECL may, at its discretion, extend the deadline for submission of bids.
5.4. Such amendments, clarifications, etc shall be binding on the bidders and shall be given due consideration by the bidders while they submit their bids and invariably enclose such documents as a part of the Bid.
6.0 PREPARATION OF BIDS
6.1. LANGUAGE OF BID
The Bid prepared by the Bidders and all correspondence and documents relating thereto, exchanged by the Bidder and TSECL, shall be written in English language, provided that any printed literature furnished by the bidder may be written in another language so long as accompanied by an English translation of its pertinent passages. Failure to comply with this may disqualify a bid. For purposes of interpretation of the bid, the English translation shall govern.
7.0 LOCAL CONDITIONS
7.1. It shall be imperative on each bidder to fully inform him of all local conditions and factors, which may have any effects on the execution of the contract covered under these documents and specifications. The Owner shall not entertain any request for clarification from bidders, regarding such local conditions.
7.2. It must be understood and agreed that such factors as above have properly been investigated and considered while submitting the proposals. No claim for financial adjustment to the Contract awarded under these specifications and documents shall be entertained by TSECL. Neither any change in the time schedule of the Contract nor any financial adjustments arising thereof shall be permitted by TSECL.
8.0 DOCUMENTS COMPRISING THE BID
The Bid shall be submitted in 2 (two) parts in separatesealed envelopes properly super scribing tender no., name of work and bid opening date as follows:
PART – I: PRE-QUALIFICATION & TECHNO-COMMERCIAL BID
1. Containing Bid earnest money in/c. cost of bid document in the shape of Demand Draft separately in favour of “TRIPURA STATE ELECTRICITY CORPORATION LIMITED” payable at Udaipur or on any public sector / scheduled Indian Bank payable at Udaipur as per the stipulations of the Bid Documents in a separate sealed envelope.
2. Containing Documentary Evidence of the Bidder fulfilling the Qualifying Requirements stipulated in the NIT/Bid Document. The document to be submitted shall include copies of the relevant work order / Award letters / Agreements etc. and corresponding completion certificates issued by the concerned clients. The Bidder shall also furnish copies of the audited balance sheet and Profit and Loss Accounts for the last three financial years (w. r. t. the Bid Opening Date) in support of their meeting the financial qualifying requirement. The Bidder shall also submit professional tax clearance certificate & sales tax clearance certificate and all such other
documents deemed necessary in support of their meeting the stipulated qualifying requirement and its credentials.
3. Containing Bidders Technical Proposal, drawings etc. along with his Commercial Terms, Payment Terms in conformity with the Bid Documents.
Part-II: Price Bid
The price schedule as per the format indicated in the Price Bidding Schedule. The price should be quoted both in figures and words. The downloaded tender document in clear print condition shall be signed by the tenderer / bidder on all pages must be enclosed with the commercial bid. All corrections to rates and items in the tender should be initialed by the tenderer / bidder. Every pages of the rate schedule be signed in full by the tenderer / bidder. The bidders / tenderers must quote their rates in the prescribed price bidding schedule in the bidding document.
The Bidder shall have to give a DECLARATION that he / they have gone through the details of the bidding document as per format appended.
9.0 SCOPE OF THE PROPOSAL
9.1 The approvedbidders to whom the LOA shall be placed, have to execute the work as per provision laid down in Clause: 2.0 of Section – I of this NIT. The following shall also be included:
i) Supply of Clamps, Nuts & Bolts etc. as required as per ISI standard.
ii) Packing and transportation of all equipments and materials from the Sub-Divisional Store to the Site.
iii) Transportation to site, storage, insurance & handling of all equipments and materials etc.
iv) Inspection of damaged transformer for assessment of repairing to be required in presence of the TSECL’s official, supply & weighing of all materials, repairing as per instruction of the engineer in-charge, testing of DT’s after repairing, transportation etc as per NIT.
9.2 Bids containing deviations from provisions relating to the following clauses shall be considered as non-responsive:
a) Price Basis and Payments: Clause 11.0 (Section – II)
b) Bid Guarantee:Clause 17.0(Section – II)
c) Contract Performance Guarantee:Clause 10.0(Section – I)
d) Liquidated Damages:Clause 13.0(Section – III)
e) Guarantee: Clause 14.0(Section – III)
f) Payment: Clause 30.0(Section – III)
The determination of a Bid’s responsiveness will be based on the contents of the Bid itself without recourse to extrinsic evidence.
9.3. Bids not covering the above entire Scope of Work shall be treated as incomplete and hence rejected.
10.0 BID PRICE
The Bidder shall quote unit rates in the appropriate schedule of the Bid Form.
11.0 PRICE BASIS AND PAYMENTS
11.1 The bidders shall quote in their proposal price for the entire Scope of Work covered under the Technical Specification as required in the Bid Proposal Sheets.
11.2. All price components shall not be subjected to any adjustment, whatsoever, during the execution of the contract.
11.3 Bidder shall indicate Bid prices in Indian Rupees only.
12.0 TAXES AND DUTIES
12.1. Prices to be quoted including all custom duties, excise duties, sales taxes (TVAT) on supply itemsand other levies payable by the bidders in respect of the transactions between the bidder and their vendors / sub-suppliers while procuring any components, sub-assemblies, raw materials and equipment shall be included in the bid price and no claim on this behalf shall be entertained by TSECL .The bid price shall also be inclusive of excise duty and central sales tax and other levies in respect of the transactions solely between TSECL and the bidder under the Contract. The local sale tax as applicable shall be clearly indicated which is reimbursable on production of document of actual payment.
12.2. As regards the Income Tax, surcharge on Income Tax and other corporate taxes, the Bidder shall be responsible for such payment to the concerned authorities.
12.3. Service tax, as applicable on services rendered shall be responsibility of the bidder. TSECL shall not bear any liability on this account.
13.0 TIME SCHEDULE
13.1. The basic consideration and the essence of the Contract shall be strict adherence to the time schedule for performing the specified works.
13.2. The requirement of completion schedule for the works is mentioned in clause – 14 (Section – I) of this document.
13.3. The completion schedule as stated in clause – 14 (Section – I) shall be one of the major factors in consideration of the Bids.
13.4 The owner reserves the right to request for a change in the work schedule during post-bid discussion with successful bidder.
13.5. The owner will provide a delivery schedule of the materials within the scope of supply by the owner on award of contract.
13.6 The successful Bidder shall be required to submit detailed BAR CHART on the basis of the delivery schedule provided by the owner and finalize the same with the owner, as per the requirement of completion schedule.
14.0 CONTRACT QUALITY ASSURANCE
14.1 The Bidder shall include in his proposal, the quality assurance program containing the overall quality management and procedures which he proposed to follow in the performance of the works during various phases, as detailed in relevant clause of the General Technical Conditions.
14.2 At the time of award of Contract, the detailed quality assurance program to be followed for the execution of the contract shall be mutually discussed and agreed to and such agreed program shall form part of the contract.
The bidder’s insurance liabilities pertaining to the Scope of Work is detailed out in clauses titled insurance in General Terms & Conditions of Contract and in Erection Conditions of Contract. Bidder’s attention is specifically invited to these clauses. The bid price shall include all the cost in pursuance of fulfilling all the insurance liabilities under the Contract.
16. BRAND NAMES
All the materials required for repairing as mentioned in the Price Bidding Schedule shall be supplied of reputed make for quality control and reliability.
17.0 BID GUARANTEE
17.1 The Bidder shall furnish, as part of its Bid, earnest money for an amount as specified in the Notice Inviting Tender (NIT) in the shape of demand draft only in favour of Tripura State Electricity Corporation Limited payable at SBI, Udaipur Branch, Udaipur, Gomati,Tripura.
17.2 The earnest money is required to protect TSECL against the risk of Bidder’s conduct, which would warrant the earnest money forfeiture pursuant to Para 17.7.
17.3 The earnest money shall be deposited in Indian rupees only.
17.4 Any bid not secured in accordance with para 17.1 and 17.3 above shall be rejected by TSECL as non-responsive.
17.5 The earnest money of the unsuccessful Bidders shall be discharged /returned as promptly as possible as but not later than 60 days after the expiration of the period of bid validity prescribed by the Owner.
17.6 The earnest money of the successful Bidder will be adjusted with the performance guarantee required to be furnished on award of contract as per clause 10.0 of Section – I.
17.7 The earnest money shall be forfeited:
a) If a Bidder withdraws its bid during the period of bid validity specified by the Bidder on the bid form; or
b) In case of a successful Bidder fails:
i. to sign the contract; or
ii. to furnish the performance guarantee.
17.8 No interest shall be payable by the owner on the above earnest money.
18. PERIOD OF VALIDITY OF BIDS
18.1 Bids shall remain valid for 180(one hundred and eighty) days after the date of bid opening prescribed by TSECL, unless otherwise specified in this document. A Bid valid for a shorter period shall be rejected by the owner as non-responsive.
18.2 In exceptional circumstances, the owner may solicit the Bidder’s consent to an extension of the period of Bid validity. The request and the response thereto shall be made in writing (including phone or fax). The Earnest money provided under clause 9.0 of Section – I shall also be retained upto the extended period. No interest shall be payable by the owner for retaining the earnest money upto the extended period. A Bidder may refuse the request without forfeiting the earnest money deposited by him. A Bidder granting the request shall not be required or permitted to modify his Bid.
SUBMISSION OF BIDS
19. FORMAT OF BID
19.1 The Bidder shall prepare two copies of the Bid, clearly marking the “Original Bid” and “Copy of Bid”. In the event of any discrepancy between them, the original shall prevail.
19.2 The “Original” and “Copy of Bid” shall be typed or written in indelible ink and shall be signed by the Bidder or a person or persons duly authorised by the bidder to sign the bidding document. The letter of authorisation shall be indicated by written power-of-attorney accompanying the Bid. All pages of the Bid, except for un-amended printed literature, shall be initialed by the person or persons signing the Bid.
19.3 The Bid shall be submitted in two parts as described in clause no. 8 of Section – II.
19.4 The bid shall contain the bid document purchased from the owner duly singed by the Bidder or persons authorised by the bidder in all pages which will form a part of agreement with the successful bidder.
19.5 The Bid shall contain no interlineations, erasures or overwriting except as necessary to correct errors made by the Bidder, in which case such corrections shall be initialed by the person or persons signing the Bid.
20. SIGNATURE OF BIDS
20.1 The Bid must contain the name, residence and place of business of the person or persons making the Bid and shall be signed and sealed by the Bidder with his usual signature. The names of all persons signing shall also be typed or printed below the signature.
20.2 Bid by a partnership must be furnished with full names of all partners and be signed with the partnership name, followed by the signature(s) and designation(s) of the authorized partner(s) or other authorised representative(s).
20.3 Bids by Corporation / Company must be signed with the legal name of the Corporation/Company by the President, Managing Director or by the Secretary or other person or persons authorised to Bid on behalf of such Corporation / Company in the matter.
20.4 A Bid by a person who affixes to his signature the word ‘President’, ‘Managing Director’, ‘Secretary’, ‘Agent’, or other designation without disclosing his principal shall be rejected.
20.5 Satisfactory evidence of authority of the person signing on behalf of the Bidder shall be furnished with the Bid.
20.6 The Bidder’s name stated on the proposal shall be exact legal name of the firm.
20.7 Bids not conforming to all the above requirements of para 19 above may be disqualified.
21. SEALING AND MARKING OF BIDS
21.1 The Bidders shall seal the “original” and “Copy of Bid” in an inner and an outer envelope, duly marking the envelopes as “Original” and “Copy”.
21.2 The inner and outer envelopes shall be:
a) Addressed to TSECL at the following address: Dy. General Manager
Electrical Division, Udaipur Udaipur, Gomati, Tripura
b) Bear (the NIT No., Name of work & date of opening).
The inner envelope shall indicate the name and address of the Bidder to enable the Bid to be returned unopened in case it is declared “late” or “rejected”.
21.3 If the outer envelope is not sealed and marked as required by para 21.2 (b), the owner shall assume no responsibility for the Bid’s misplacement or premature opening.
21.4 The earnest money must be submitted in a separate sealed envelope along with Techno- Commercial Bid.
22. DEADLINE FOR SUBMISSION OF BIDS
22.1 The Bidders have the option of sending the Bid by registered post or submitting the Bid in person. Bids submitted by telegram/fax shall not be accepted. No request from any Bidder to the owner to collect the Bid from airlines, cargo agents etc. shall be entertained.
22.2 Bids shall be received by the owner at the address specified under para 21.2 (a) of section - II, not later than the time & date mentioned in the Invitation to Bid.
22.3 The owner may, at its discretion, extend this deadline for the submission of Bids, in which case all rights and obligations of the owner and Bidders previously subject to the deadline shall thereafter be subject to the deadline as extended.
23. LATE BIDS
Any Bid received by the owner after the time & date fixed or extended for submission of Bids prescribed by TSECL, shall be rejected and/or returned unopened to the Bidder.
24. MODIFICATION AND WITHDRAWAL OF BIDS
24.1 The Bidder may modify or withdraw its Bid after the Bid’s submission provided that written notice of the modification or withdrawal is received by TSECL prior to the deadline prescribed for submission of Bids.
24.2 The Bidder’s modification or withdrawal notice shall be prepared, sealed, marked and dispatched in accordance with the provisions of clause 21 of section – II.
24.3 No Bid shall be modified / withdrawn in the interval between the deadline for submission of Bids and the expiration of the period of Bid validity specified by the Bidder on the Bid Form. Withdrawal/modification of a Bid during this interval shall result forfeiture of the earnest money deposited by the bidder.
25. INFORMATION REQUIRED WITH THE PROPOSAL
25.1 The Bids must clearly indicate the name of the manufacturer, the type of model of each principal item of equipment within their scope proposed to be furnished and erected. The Bid shall also contain drawings and descriptive materials indicating general dimensions, principles of operation, the extent of pre-assembly involved.
25.2 The above information shall be provided by the Bidder in the form of separate sheets, drawings, catalogues, etc. in five copies
25.3 Any bid not containing sufficient descriptive material to describe accurately the equipment proposed, shall be treated as incomplete and hence rejected. Such descriptive materials and drawings submitted by the Bidder shall be retained by the owner. Any major departure from these drawings and descriptive material submitted shall not be permitted during the execution of the Contract without specific written permission of the owner.
25.4 Oral statements made by the Bidder at any time regarding quality, quantity or arrangement of the equipment or any other matter shall not be considered.
26.5 Standard catalogue pages and other documents of the Bidder may be used in the Bid to provide additional information and data as deemed necessary by the Bidder.
25.6 In case the proposal information contradicts specification requirements; the specification requirements shall govern, unless otherwise brought out clearly in the technical / commercial deviation schedule.
BID OPENING AND EVALUATION
26. OPENING OF BIDS BY THE OWNER
26.1 First the cover containing Earnest money as per clause 1.0 of Section – I shall be opened and then documents of qualifying requirement as per clause 4.0 of Section – I shall be opened. Only those Bidders whose Bid contains Earnest money and documents of qualifying requirements as per the stipulations of Section – I shall be considered eligible for opening of Part – II of the Bid which shall also be opened on the same day. The Price
Bid (Part – II) of the eligible bidders on the basis of evaluation of part – I Bid shall be opened. The date of opening of the price Bid shall be notified in writing or by Fax to all qualified Bidders.
In case the above schedule date of opening of Bid is declared holiday by the State / Central Govt. the Bid will be opened on the following working day keeping time unaltered.
26.2.I The Bid and its all parts shall be opened in the presence of Bidders’ representatives (upto 2 persons) who choose to attend at the date and time for opening of bids indicated in the NIT or in case any extension has been given thereto, on the extended bid opening date & time notified to all the Bidders, who have purchased the Bidding Documents. The Bidders representatives who are present shall sign a register evidencing their attendance. No person /agent shall be allowed to be present during opening of Bid without valid authorization from the concerned bidder.
26.3 The Bidders names, bid prices, modifications, bid withdrawals and the presence or absence of the requisite earnest money and such other details as the owner, at its discretion, may consider appropriate shall be announced at the opening.
26.4 No electronic recording devices shall be permitted during bid opening.
27. CLARIFICATION OF BIDS
To assist in the examination, evaluation and comparison of Bids, TSECL may, at its discretion, ask the Bidder for a clarification of its Bid. The request for clarification and the response shall be in writing and no change in the price or substance of the Bid shall be sought, offered or permitted.
28. PRELIMINARY EXAMINATION
28.1 The owner shall examine the Bids to determine whether they are complete, whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed and whether the Bids are generally in order.
28.2 Arithmetical errors shall be rectified on the following basis:
If there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail and total price shall be corrected. If there is a discrepancy between words and figures, the amount in words shall prevail. If the Bidder does not accept the correction of the errors as above, his bid shall be rejected and the amount of earnest money shall be forfeited.
The Bidder shall ensure that the prices furnished by him are complete. In the case of not quoting of rates of any item (supply / erection) in the specified price schedules of the Bid Form, TSECL shall be entitled to consider the highest price of the tender for the purpose of evaluation and for the purpose of award of the Contract, use the lowest prices of the tender.
28.3 Prior to the detailed evaluation, the owner shall determine the substantial responsiveness of each Bid w.r.t. Bidding Documents. For purpose of these Clauses, a substantially responsive Bid is one which conforms to all the terms and conditions of the Bidding Documents without material deviations. A material deviation is one which affects in any way the prices, quality, quantity or delivery period of the equipment or which limits in any way the responsibilities or liabilities of the Bidder or any right of the owner as required in these specifications and documents. TSECL determination of a Bid’s responsiveness shall be based on the contents of the Bid itself without recourse to extrinsic evidence.
28.4 A Bid determined as not substantially responsive shall be rejected by the owner and may not subsequently be made responsive by the Bidder by correction of the non-conformity.
28.5 The owner may waive any minor non-conformity or irregularity in a Bid which does not constitute a material deviation, provided such waiver does not prejudice or affect the relative ranking of any Bidder.
29. DEFINITIONS AND MEANINGS
29.1 For the purpose of the evaluation and comparison of bids, the following meanings and definition shall apply: -
a. ‘Bid Price’ shall mean the base price quoted by each Bidder in his proposal for the complete scope of works.
b. “Cost Compensation for Deviations” shall mean the Rupee value of deviations from the Bidding Documents, as determined from the Bidder’s proposal.
c. “Evaluated Bid Price” shall be the summation of ‘Bid Price’ and ‘Cost Compensation for Deviations’.
29.2 Calculation of Cost Compensation for Deviations.
29.2.1 Deviations from the Bidding Documents in so far as practicable shall be converted to a Rupee value and added to the Bid Price to compensate for the deviation from the Bidding Documents while evaluating the Bids. In determining the Rupee value of the deviations, the owner shall use parameters consistent with those specified in the specifications and documents and/or other information as necessary and available to the owner.
30. COMPARISON OF BIDS
30.1 For comparison purposes all the evaluated bid prices shall be in Indian Rupee as under: -
The item rates as per schedule of this tender process shall be finalized on the basis of overall lowest price offered subject to compliance of “Pre-Qualification & Techno-commercial bid”.
Distribution Transformer plays an important role in providing reliable power supply to the consumers end. TSECL cannot depend only on any singular repairing agency for placing work order for execution of the quantity mentioned in this tender. Therefore this is mandatory that TSECL reserves the right to split the tender quantity among the participant bidders of this process subject to acceptance of the approved rates by authority competent.
30.2 Evaluated bid prices of all the bidders shall be compared among themselves to determine the lowest evaluated Bid and, as a result of this comparison, the TSECL shall place LOA/Work order as stated above of Clause 30.1.
31. CONTACTING THE OWNER
Bids shall be deemed to be under consideration immediately after they are opened and until such time official intimation of award/rejection is made by the owner to the Bidders. While the bids are under consideration, Bidders and/or their representatives or other interested parties are advised to refrain from contacting by any means, the Owner and/or his employees/representatives on matters relating to the bids under consideration. The owner, if necessary, shall obtain clarifications on the bids by requesting for such information from any or all the Bidders, either in writing or through personal contacts as may be necessary. Bidders shall not be permitted to change the substance of the bids after the bids have been opened.
AWARD OF CONTRACT
32. AWARD CRITERIA
32.1 The owner shall award the Contract to the successful Bidder whose bid has been determined to be substantially responsive and has been determined as technically acceptable and lowest evaluated Bid, provided further that the Bidder is determined to be qualified to perform the Contract satisfactorily. The owner shall be the sole judge in this regard.
32.2 Further, the owner reserves the right to award separate Contracts to two or more parties in line with the terms and conditions specified in the accompanying Technical Specifications.
33. OWNER’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS
The owner reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids at any time prior to award of contract, without thereby incurring any liability to the affected Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the grounds for such action.
34. NOTIFICATION OF AWARD
34.1 Prior to the expiration of the period of bid validity and extended validity period, if any, the owner shall notify the successful Bidder in writing by registered letter or by phone or FAX, to be confirmed in writing by registered letter, that his Bid has been accepted.
34.2 The Notification of Award/Letter of Award shall constitute the formation of the Contract.
34.3 Upon the successful Bidder’s furnishing of Contract Performance Guarantee pursuant to Clause
10.0 of section – I. the owner shall promptly notify each unsuccessful Bidder and will discharge its bid guarantee, pursuant to Clause 17 (Section – II).
35. SIGNING OF CONTRACT
35.1 At the same time as the owner notifies the successful Bidder that its bid has been accepted, the owner shall send the Bidder the detailed Letter of Award.
35.2 Within 15(fifteen) days of receipt of the detailed Letter of Award, the successful Bidder shall convey in writing unconditional acceptance of the Letter of Award and shall attend the respective office of TSECL for signing the contract agreement.
36. CONTRACT PERFORMANCE GUARANTEE
As a Contract Performance Security, the successful Bidder, to whom the work is awarded, shall be required to furnish a contract Performance Guarantee@ 10% of the LOA value in the shape as detailed below:
c. 50% of Contract Performance Guarantee (CPG) in the shape of Bank Guarantee (BG) from any schedule Bank guaranteed by Reserve Bank of India favouring TRIPURA STATE ELECTRICITY CORPORATION LIMITED payable at Udaipur.
d. Balance 50% amount will be deducted from running bills on pro-rata basis or minimum 10% of the balance amount whichever is higher from each bill till full realization of Contract Performance Guarantee (CPG) & this deduction shall be completed before processing of final bill.
The contract performance guarantee submitted in the shape of Bank guarantee shall be valid upto guarantee period as per clause – 14 of section – III.
36.2 The Performance Guarantee shall cover additionally the following guarantees to the owner:
a. The successful Bidder guarantees the successful and satisfactory operation of the equipment supplied and erected under the Contract, as per the specifications and documents.
b. The successful Bidder further guarantees that the equipment provided and installed by him shall be free from all defects in design, material and workmanship and shall upon written notice from the owner fully remedy free of expenses to TSECL such defects as developed under the normal use of the said equipment within the period of guarantee specified in the relevant clause of the General Terms and conditions.
36.3 The Contract Performance Guarantee is intended to secure the performance of the entire contract. However, it is not to be construed as limiting the damages under clause entitled “Equipment Performance Guarantee” in Technical Specifications and damages stipulated in other clauses in the Bidding Documents.
36.4 The Contract performance Guarantee submitted in the shape of demand draft shall be returned to the Contractor without any interest at the end of successful completion and commissioning of the work against a Bank Guarantee of equivalent amount from any Public Sector / scheduled Indian Bank valid upto the Guarantee period. The Bank Guarantee such deposited shall be discharged after expiry of Guarantee period.
36.5 The contract performance Guarantee shall be forfeited: -
a) If the contractor fails to start the work as per approved BAR CHART for reasons solely rest on him.
b) If the contractor left / suspends the work without prior written intimation to the owner’s Engineer in charge of the work stating the reasons for such suspension of work.
c) If the contractor left / suspends the work for reasons which are not acceptable to TSECL.
37. CORRUPT OR FRAUDULENTPRACTICES
The owner expects the bidders / suppliers / contractors to observe the highest standards of ethics during the procurement and execution of such contracts. In pursuance of this policy, TSECL
a. defines, for the purpose of this provision, the terms set forth below as follows;
i. “Corrupt practice” means offering, giving, receiving or soliciting of anything of value to influence the action of a official in the procurement process or in contract execution, and
ii. “Fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the owner, and includes collusive practice among bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the owner from the benefits of free and open competition.
b. Will reject a proposal for award if it determines the bidder recommended for award has engaged a corrupt or fraudulent practice in competing for the contract in question.
c. Will declare a firm ineligible, either indefinitely or for a stated period of time, if TSECL at any time determines that the firm has engaged in corrupt / fraudulent practices in competing for, or in executing the contract.
GENERAL TERMS & CONDITIONS OF CONTRACT
1.0 DEFINITION OF TERMS
1.1 ‘The Contract’ means the agreement entered into between Tripura State Electricity Corporation Limited and Contractor as per the Contract Agreement signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein.
1.2 ‘Owner’ shall mean TRIPURA STATE ELECTRICITY CORPORATION LIMITED (TSECL)
and shall include their legal representatives, successors and assigns.
1.3 ‘Contractor’ or ‘Manufacturer’ shall mean the Bidder whose bid shall be accepted by TSECL for award of the Works and shall include such successful Bidder’s legal representatives, successors and permitted assigns.
1.4 ‘Sub-contractor’ shall mean the person named in the Contract for any part of the Works or any person to whom any part of the Contract has been sublet by the Contractor with the consent in writing of the owner’s Engineer in charge of the work and shall include the legal representatives, successors and permitted assigns of such person.
1.5 ‘Consulting Engineer’/’Consultant’ shall mean Power Grid Corporation of India Ltd. or any firm or person duly appointed as such from time to time by TSECL ..
1.6 The terms ‘Equipment’, ‘Stores’ and ‘Materials’ shall mean and include equipment, stores and materials to be provided by the Contractor under the Contract.
1.7 ‘Works’ shall mean and include the furnishing of equipment, labour and services, as per the Specifications and complete erection, testing and putting into satisfactory operation including all transportation, handling, unloading and storage at the Site as defined in the Contract.
1.8 ‘Specifications’ shall mean the Specifications and Bidding Documents forming a part of the Contract and such other schedules and drawings as may be mutually agreed upon.
1.9 ‘Site’ shall mean and include the land and other places on, into or through which the works and the related facilities are to be erected or installed and any adjacent land, paths, street or reservoir which may be allocated or used by TSECL or Contractor in the performance of the Contract.
1.10 The term ‘Contract Price’ shall mean the item wise price / lump-sum price quoted by the Contractor in his bid with additions and/or deletions as may be agreed and incorporated in the Letter of Award, for the entire scope of the works.
1.11 The term ‘Equipment Portion’ of the Contract price shall mean the ex-works value of the equipment.
1.12 The term ‘Erection Portion’ of the Contract price shall mean the value of field activities of the works including erection, testing and putting into satisfactory operation including successful completion of performance and guarantee tests to be performed at Site by the Contractor including cost of insurances.
1.13 ‘Manufacturer’s Works’ or ‘Contractor’s Works’, shall mean the place of work used by the manufacturer, the Contractor, their collaborators/associate or sub-contractors for the performance of the Contract.
1.14 ‘Inspector’ shall mean TSECL or any person nominated by TSECL from time to time, to inspect the equipment; stores or Works under the Contract and/or the duly authorized representative of TSECL.
1.15 ‘Notification of Award of Contract’/Letter of Award’/Telex of Award’ shall mean the official notice issued by TSECL notifying the Contractor that his bid has been accepted.
1.16 ‘Date of Contract’ shall mean the date on which Notification of Award of Contract/Letter of Award/Telex of Award has been issued.
1.17 ‘Month’ shall mean the calendar month. ‘Day or ‘Days’, unless herein otherwise expressly defined, shall mean calendar day or days of 24 hours each.
A ‘Week’ shall mean continuous period of seven (7) days.
1.18 “Writing” shall include any manuscript, type written or printed statement, under or over signature and/or seal as the case may be.
1.19 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 importance are used, the approval, judgment, direction etc. is understood to be a function of TSECL.
1.20 “Test on Completion” shall mean such tests as prescribed in the Contract to be performed by the Contractor before the work is Taken Over by TSECL.
1.21 ‘Start Up’ shall mean the time period required to bring the equipment covered under the Contract from an inactive condition, when construction is essentially complete, to the state ready for trial operation. The startup period shall include preliminary inspection and checkout of equipment and supporting sub-system, initial operation of the complete equipment covered under the Contract to obtain necessary pre-trial operation data, perform calibration and corrective action, shut down, inspection and adjustment prior to the trial operation period.
1.22 “Initial Operation” shall mean the first integral operation of the complete equipment covered under the Contract with the sub-system and supporting equipment in service or available for service.
1.23 ‘Trial Operation’, Reliability Test’, ‘Trial Run’, ‘Completion Test’ shall mean the extended period of time after the start up period. During this trial operation period, the unit shall be operated over the full load range. The length of Trial Operation shall be as determined by the Engineer of TSECL unless otherwise specified elsewhere in the Contract.
1.24 ‘Performance and Guarantee Test’ shall mean all operational checks and tests required to determine and demonstrate capacity, efficiency and operating characteristics as specified in the Contract Documents.
1.25 The term ‘Final Acceptance/Taking Over’ shall mean written acceptance of the Works performed under the Contract by TSECL, after successful commissioning/completion of Performance and Guarantee Tests, as specified in the accompanying Technical Specification or otherwise agreed in the Contract.
1.26 ”Commercial Operation” shall mean the Conditions of Operation in which the complete equipment covered under Contract is officially declared by TSECL to be available for continuous operation at different loads upto and including rated capacity. Such declaration by TSECL, however, shall not relieve or prejudice the Contractor of any of his obligations under the Contract.
1.27 ‘Guarantee period’ / ’Maintenance Period’ shall mean the period during which the Contractor shall remain liable for repair or replacement of any defective part of the works performed under the contract.
1.28 ‘Latent Defects’ shall mean such defects caused by faulty designs, material or work man ship which cannot be detected during inspection, testing etc, based on the technology available for carrying out such tests.
1.29 ‘Drawings’, ‘Plans’ shall mean all:
a) Drawing furnished by TSECL as a basis for Bid Proposals.
b) Supplementary drawings furnished by TSECL to clarify and define in greater detail the intent of the Contract.
c) Drawings submitted by the Contractor with his Bid provided such drawings are acceptable to TSECL.
d) Drawings furnished by TSECL to the Contractor during the progress of the Work; and
e) Engineering data and drawings submitted by the Contractor during the progress of the Work provided such drawings are acceptable to the owner’s Engineer in charge of the work.
1.30 “Codes” shall mean the following including the latest amendments and / or replacement, if any:
a) A.S.M.E. Test Codes.
b) A.I.E.E. Test Codes.
c) American Society of Testing Materials Codes.
d) Standards of the Indian Standards Institutions.
e) I.E.E. standards.
f) I.E.C. standards.
g) Other Internationally approved standards and / or Rules and Regulations touching the subject matter of the Contract.
1.31 Words imparting ‘Person’ shall include firms, companies, corporation and association or bodies of individuals.
1.32 Terms and expressions not herein defined shall have the same meaning as are assigned to them in the Indian Sale of Goods Act (1930), failing that in the Indian Contact Act (1872) and failing that in the General Clauses Act (1897) including amendments thereof if any.
1.33 In addition to the above the following definitions shall also apply.
a) ‘All equipment and materials’ to be supplied shall also mean ‘Goods’.
b) ‘Constructed’ shall also mean ‘erected and installed’
c) ‘Contract Performance Guarantee shall also mean ‘Contact Performance Security’
These General Conditions shall apply to the extent that they are not superseded by provisions in other parts of the Contract.
The Goods supplied under this Contract shall conform to the standards mentioned in the Various Technical Specifications and when no applicable standard is mentioned; to the authoritative standard appropriate to the Goods and such standards shall be the latest issued by the concerned institution.
4.0 LANGUAGE AND MEASURES
All documents pertaining to the Contract including specification, Schedules, 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.
5.0 CONTRACT DOCUMENTS
The term “Contract Documents” shall mean and include the following which shall be deemed to form an integral part of the Contract:
a) Invitation of Bid including letter forwarding the Bidding Documents, Instructions to Bidders, General Terms and Conditions of Contract, Erection Conditions of Contract and all other documents included under the Special Conditions of Contract and various other sections.
b) Specifications of the equipment to be furnished and erected under the Contract as brought out in the accompanying Technical Specification.
c) Contractor’s Bid proposal and the documents attached there-to including the letter of clarifications thereto between the Contractor and TSECL prior to the Award of Contract.
d) All the materials, literature, data and information of any sort given by the Contractor along with his bid, subject to the approval of TSECL.
e) Letter of Award and any agreed variations of the conditions of the documents and special terms and conditions of contract if any.
6.0 USE OF THE CONTRACT DOCUMENTS AND INFORMATION
The 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 TSECL.
7.0 JURISDICTION OF CONTRACT
The laws applicable to the Contact shall be the laws in force in India. The Courts of
Agartala shall have exclusive jurisdiction in all matters arising under this Contract.
8.0 MANNER OF EXECUTION OF CONTRACT
8.1 The contractor should attend the concerned office of TSECL within 15(fifteen) days from the date of issue of the Letter of Award to the Contractor for signing the contract agreement.
8.2 The Contractor shall provide for signing of the Contract, Performance Guarantee, appropriate power of attorney and other requisite materials.
8.3 The Agreement shall be signed in two originals and the Contractor shall be provided with one signed original and the rest shall be retained by TSECL.
8.4 The Contractor shall provide free of cost to TSECL all the engineering data, drawings, and descriptive materials submitted with the Bid, in at least six (6) copies to form a part of the contract immediately after issue of Letter of Award.
8.5 Subsequent to signing of the Contract, the Contractor, at his own cost, shall provide TSECL with at least ten (10) true copies of Agreement and one soft copy including 6(six) hard copies of the approved drawings within fifteen (15) days after the signing of the Contract.
9.0 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 therein provided, shall in no way be construed to be a waiver of such provisions, rights or options or in anyway to affect the validity of the Contract. The exercise by either party of any of its rights herein shall not prejudice either party from exercising the same or any other right it may have under the Contract.
10.0 COMPLETION OF CONTRACT
Unless otherwise terminated under the provisions of any other relevant clause, this Contract shall be deemed to have been completed on the date stipulated in the NIT.
GUARANTEE & LIABILITIES
11.0 TIME – THE ESSENCE OF CONTRACT
11.1 The time of completion of the Contract as stipulated in the bidding document by TSECL without or with modifications, if any, and so incorporated in the Letter of Award, shall be deemed to be the essence of the Contract. The Contractor shall so organize his resources and perform his Work as to complete it not later than the date agreed to.
11.2 The Contractor shall submit a detailed BAR CHART / PERT NETWORK consisting of adequate number of activities covering various key phases of the Work such as procurement, shipment and field erection activities within fifteen (15) days of the date of Notice of Award of Contract. This Bar Chart shall also indicate the issue schedule of equipments/materials within the scope of the owner to be maintained and the interface facilities to be provided by TSECL and the dates by which such facilities are needed. The Contractor shall discuss with the owner’s Engineer in charge of the work for finalisation and approval of the Bar Chart by TSECL. The agreed Bar Chart shall form part of the contract documents. During the performance of the Contract, if in the opinion of the owner’s Engineer in charge of the work, proper progress is not maintained, suitable changes shall be made in the Contractor’s operations to ensure proper progress without any cost implication to TSECL. The interface facilities to be provided by TSECL in accordance with the agreed Bar Chart shall also be reviewed while reviewing the progress of the Contractor.
11.3 Based on the agreed Bar Chart fortnightly reports shall be submitted by the Contractor as directed by the owner’s Engineer in charge of the work.
11.4 Subsequent to the finalization of the Bar Chart, the Contractor shall make available to the owner’s Engineer in charge of work a detailed procurement programme of equipments/materials in line with the agreed Contract Bar Chart. Such procurement programme shall be reviewed, updated and submitted to the owner’s Engineer in charge of the work once in every month thereafter.
11.5 The above Bar Charts/procurement programme shall be compatible with TSECL computer environment and furnished to TSECL on such media as may be desired by the owner.
12.0 EFFECTIVENESS OF CONTRACT
The Contract shall be considered as having come into force from the date of the Notification of Award, unless otherwise provided in the Notification of Award.
13.0 LIQUIDATED DAMAGES
13.1 For Equipment/material Portion & Erection portion
13.1.1 If the Contractor fails to successfully complete the commissioning within the time fixed under the Contract, the Contractor shall pay to TSECL as liquidated damages and not as penalty a sum specified for each specified period of delays as below.
13.1.2 Equipment and materials will be deemed to have been delivered only when all its components, parts are also delivered. If certain components are not delivered in time, the equipment and materials will be considered as delayed until such time the missing parts are also delivered.
13.1.3 The total amount of liquidated damages for delay under the Contract will be subject to maximum of 5% of the Contract price for maximum 120 days delay exceeding stipulated completion period, beyond that imposition of percentage of LD lies at the discretion of TSECL.
14.1 The Contractor shall warrant that the equipment/materials supplied by them are new, unused and in accordance with the contract documents and free from defects in material and workmanship for a period of twelve (12) calendar months commencing immediately upon the satisfactory commissioning. The Contractor’s liability shall be limited to the replacement of any defective parts in the equipment/materials supplied by them under normal use and arising solely from faulty design, materials and/or workmanship provided always that such defective parts are repairable at the site and are not in the meantime essential in the commercial use of the equipment. Such replaced/defective parts shall be returned to the Contractor unless otherwise arranged. No repairs or replacement shall normally be carried out by owner’s Engineer in charge of the work when the equipment is under the supervision of the Contractor’s supervisory engineer.
14.2 In the event of any emergency, where in the judgment of the owner’s Engineer in Charge of work, delay would cause serious loss or damages, repairs or adjustment may be made by him or a third party chosen by him without advance notice to the Contractor and the cost of such work shall be paid by the Contractor. In the event such action is taken by the owner’s Engineer in Charge of work, the Contractor shall be notified promptly and he shall assist wherever possible in making necessary corrections. This shall not relieve the Contractor of his liabilities under the terms and conditions of the Contract.
14.3 If it becomes necessary for the Contractor to replace or renew any defective portions of the Works, the provision of this clause shall apply to portion of the Works so replaced or renewed until the expiry of twelve (12) calendar months from the date of such replacement or renewal. If any defects are not remedied within a reasonable time, the owner’s Engineer in Charge of work may proceed to do the work at the Contractor’s risk and cost, but without prejudice to any other rights which the owner may have against the Contractor in respect of such defects.
14.4 The repaired or new parts shall be furnished and erected free of cost by the Contractor. If any repair is carried out on his behalf at the site, the Contractor shall bear the cost of such repairs.
14.5 The cost of any special or general overhaul rendered necessary during the maintenance period due to defects in the equipment or defective work carried out by the Contractor shall be borne by the Contractor.
14.6 The acceptance of the equipment by the owner’s Engineer in Charge of work shall in no way relieve the Contractor of his obligation under this clause.
14.7 In the case of those defective parts, which are not repairable at site but are essential for the commercial operation of the equipment, the Contractor and the Owner’s Engineer in Charge of work shall mutually agree to a program of replacement or renewal, which shall minimize interruption to the maximum extent in the operation of the equipment.
15.0 TAXES, PERMITS & LICENCES
The Contractor shall be liable and pay all taxes, duties, levies lawfully assessed against the owner or the Contractor in pursuance of the Contract.
16.0 REPLACEMENT OF DEFECTIVE PARTS AND MATERIALS
16.1 If during the performance of the Contract, owner’s Engineer in charge of the work shall decide and inform in writing to the Contractor that the Contractor has manufactured any equipment, material or part of equipment unsound and imperfect or has furnished any equipment inferior to the quality specified, the 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 works and furnish fresh equipment/materials upto the standards of the specifications. In case, the Contractor fails to do so, the Owner’s Engineer in charge of the work may on giving the Contractor seven (7) days notice in writing of his intentions to do so, proceed to remove the portion of the works so complained of and at the cost of the Contractor perform all such work or furnish all such equipment/materials.
16.2 The Contractor’s full and extreme liability under this clause shall be satisfied by the payment to the owner of the extra cost, of such replacement procured including erection as provided for in the Contract, such extra cost being the ascertained difference between the price paid by the owner for such replacements and the Contract Price by portion for such defective equipment/materials/works and repayments of any sum paid by the owner to the Contractor in respect of such defective equipment/material. Should the owner not so replace the defective equipment/materials, the Contractor’s extreme liability under this clause shall be limited to repayment of all sums paid by the owner under the Contract for such defective equipment/materials
17.0 DEFENCE OF SUITS
If any action in court is brought against the owner for the failure, omission or neglect on the part of the Contractor to perform any acts, matters, or things under the Contract, or for damage or injury caused by the alleged omission or negligence on the part of the Contractor, his agents, representatives or his Sub-Contractors, or in connection with any claim based on lawful demands of Sub-Contractors, workmen, suppliers or employees, the Contractor shall in all such cases indemnify and keep the owner , from all losses, damages, expenses or decrees arising of such action.
18.0 LIMITATION OF LIABILITIES
The final payment by the owner in pursuance of the Contract shall mean the release of the Contractor from all his liabilities under the Contract. Such final payment shall be made only at the end of the Guarantee/Warranty Period, and till such time all the contractual liabilities and responsibilities of the Contractor, shall prevail. All other payments made under the Contract shall be treated as on-account payments.
19.0 POWER TO VARY OR OMIT WORK
19.1 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 Contractor except as directed in writing by owner’s Engineer in charge of the work, but he shall have full powers subject to the provisions hereinafter contained, from time to time during the execution of the Contract, by notice in writing to instruct the Contractor to make such variation without prejudice to the Contract. The 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 Contractor, if carried out, prevent him from fulfilling any of his obligations or guarantees under the Contract, he shall notify the owner’s Engineer in charge of the work thereof in writing and the owner’s Engineer in charge of the work shall decide forthwith
whether or not, the same shall be carried out and if the owner confirm his instructions, the 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 deduced from the Contract Price as the case may be.
19.2 In the event of the owner requiring any variation, a reasonable and proper notice shall be given to the Contractor to enable him to work his arrangement accordingly, and in cases 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 Contractor.
19.3 In any case in which the Contractor has received instructions from the owner’s Engineer in charge of the work as to the requirement of carrying out the alterations or additional or substituted work which either then or later on, shall in the opinion of the Contractor, involve a claim for additional payment, the 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’s Engineer in charge of the work to that effect. But the Owner’s Engineer in charge of the work 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’s Engineer in charge of the work.
19.4 If any variation in the Works results in reduction of Contract Price, the parties shall agree, in writing, to the extent of any change in the price, before the Contractor proceeds with the change.
19.5 In all the above cases, in the event of a disagreement as to the reasonableness of the said sum, the decision of owner’s Engineer in charge of the work shall prevail.
19.6 Notwithstanding anything stated above in this clause, owner’s Engineer in charge of the work shall have the full power to instruct the Contractor, in writing, during the execution of the Contract to vary the quantities of the items or groups of items in accordance with the provisions of clause entitled ‘Change of Quantity in Section – III’. The Contractor shall carry out such variations and be bound by the same conditions as though the said variations occurred in the Contract Documents.
20.0 ASSIGNMENT AND SUB-LETTING OF CONTRACT
20.1 The Contractor may, after informing owner’s Engineer in charge of the work and getting his written approval, assign or sub-let the Contract or any part thereof other than supply of main equipments and any part of the plant for which makes are identified in the Contract. Suppliers of the equipment not identified in the Contract or any change in the identified suppliers shall be subjected to approval by the owner’s Engineer in charge of the work. The experience list of equipment vendors under consideration by the Contractor for this Contract shall be furnished to the owner’s Engineer in charge of the work for approval, prior to procurement of all such items/equipment. Such assignment/sub-letting shall not relieve the Contractor of any obligation, duty or responsibility under the Contract. Any assignment as above, without prior written approval of the owner’s Engineer in charge of the work, shall be void.
20.2 For components/equipment procured by the Contractor for the purposes of the Contract, after obtaining the written approval of the owner, the Contractor’s purchase specifications and enquiries shall call for quality plan to be submitted by the suppliers along with their proposals. The quality plans called for from the Vendors shall set out, during the various stages of manufacture and installation, the quality practices and procedures followed by the Vendors quality control organization, the relevant reference document/standard used, acceptance level, inspection documentation raised, etc. Such quality plans of the successful vendors shall be discussed and finalized in consultation with the owner’s Engineer in charge of the work and shall form part of the purchase order/contract between the Contractor and the Vendor. Within three weeks of the release of the purchase orders/contracts for such
bought out items/components, a copy of the same without price details but together with detailed purchase specifications, quality plans and delivery conditions shall be furnished to the owner’s Engineer in charge of the work by the Contractor.
21.0 CHANGE OF QUANTITY
21.1 During the execution of the Contract, TSECL reserves the right to increase or decrease the quantities of items under the Contract but without any change in unit price or other terms & conditions. Such variations shall not be subjected to any limitation for the individual items but the total variations in all such items including items not covered under the Contract shall be limited to ±25%.
21.2 The Contract price shall accordingly be adjusted based on the unit rates available in the Contract for the change in quantities as above. In case, the unit rates are not available in the contract, the same shall be worked out as below: -
i) If the rates for the additional, altered or substituted work are specified in the contract, the contractor is bound to carry the additional, altered or substituted work at the same rates as are specified in the contract.
ii) If the rates for the additional, altered or substituted work are not specifically provided in the contract, the rates will be derived from a similar class of work as are specified in the contract
iii) If the rates for the additional, altered or substituted work includes any work for which no rate is specified in the contract / cannot be derived from the similar class of work in the contract, then such work shall be carried out at the rates which will be determined on the basis of current schedule of rate of TSECL above minus / plus the percentage which the total contract amount bears to the estimated cost put to tender. Provided always if the rate for particular part or parts of the item is not available in the schedule of rates, the rate of such part or parts will be determined by the owner on the basis of the prevailing market rate when the work was done.
iv) If the rates for the additional, altered or substituted work cannot be determined in the manner specified in sub-clause i, ii & iii above, then the contractor shall within 7(Seven) days of receipt of order to carry out the order, inform the owner’s Engineer in charge of the work of rate which it is his intention to charge for such class of work, supported by analysis of rate or rates claimed, and the owner shall determine the rate or rates claimed with mutual settlement with the contractor.
v) The deviation limit referred to above is the net effect (algebraically sum) of all additions and deductions ordered.
vi) Time for the completion for the work shall be extended in the proportion that the altered, additional or substituted work bears to the original contract of the work and the certificate of the owner’s Engineer in charge of the work shall be conclusive for approval of the time extension by TSECL.
vii)The contractor shall submit to owner’s Engineer-in-charge of the work the time extension application as per format attached at ANNEXURE –II.
22.0 PAKCING, FORWARDING AND SHIPMENT
22.1 The Contractor, wherever applicable, shall after proper painting, pack and crate all equipment in such a manner as to protect them from deterioration and damage during rail and road transportation to the site and storage at the site till the time of erection. The Contractor shall be held responsible for all damages due to improper package.
22.2 The Contractor shall notify the owner’s Engineer in charge of the work of the date of each shipment from manufacturer’s works, and the expected date of arrival at the site.
22.3 The Contractor shall also give all shipping information concerning the weight, size and content of each packing including any other information the owner’s Engineer in charge of the work may require.
22.4 The Contractor shall prepare detailed packing list of all packages and containers, bundles and loose materials forming each and every consignment dispatch to Site.
The Contractor shall further be responsible for making all necessary arrangements for loading, unloading and other handling, right from manufacturer’s works up to the Site and also till the equipment is erected, tested and commissioned. He shall be solely responsible for proper storage and safe custody of all equipment.
23.0 CO-OPERATION WITH OTHER CONTRACTORS AND CONSULTING ENGINEERS
The Contractor shall agree to cooperate with the TSECL’s Consulting Engineers 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’s Engineer in charge of the work shall be provided with three copies of all correspondence addressed by the Contractor to the consulting Engineers of TSECL in respect of such exchange of technical information.
24.0 NO WAIVER OF RIGHTS
Neither the inspection by TSECL nor any order by TSECL for payment of money or any payment for or acceptance of, the whole or any part of the Works by the owner’s Engineer in charge of the work, nor any extension of time, nor any possession taken by the owner’s Engineer in charge of the work shall operate as a waiver of any provision of the Contract, or of any power herein reserved to TSECL 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.
25.0 CERTIFICATE NOT TO AFFECT RIGHT OF THE OWNER AND LIABILITY OF CONTRACTOR.
No interim payment certificate of the owner’s Engineer in charge of the work, nor any sum paid on account by TSECL, nor any extension of time for execution of the Works granted by TSECL shall affect or prejudice the rights of TSECL against the Contractor or relieve the Contractor of his obligation for the due performance of the Contractor, or be interpreted as approval of the Works done or of the equipment furnished and no certificate shall create liability for TSECL to pay for alterations, amendments, variations or additional works not ordered, in writing, by the owner’s Engineer in charge of the work or discharge the liability of the 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 TSECL, nor shall any such certificate nor the acceptance by him of any sum paid on account or otherwise affect or prejudice the rights of TSECL against the Contractor.
26.0 INSPECTION AND TESTING OF EQUIPMENTS / MATERIALS
26.1 All equipments / materials shall be dispatched by the contractor only after issuance of Materials Inspection Clearance Certificate (MICC) by the inspecting officer / team of TSECL unless otherwise waived by TSECL during execution of the contract in special circumstances.
26.2 After manufacturing or at the stage of dispatch of equipments / materials the contractor shall give intimation to the owner’s Engineer in charge of the work for conducting inspection of equipments / materials at manufacture’s works or at recognised testing laboratories to be arranged by the contractor. The intimation shall be made at least 15(fifteen) days before the equipments / materials become ready for dispatch.
26.3. Testing of equipments / materials as specified above shall be conducted at the risk and cost of the contractor. The contractor shall also bear the to and fro travelling and lodging charges of the inspecting officer / team of TSECL.
27.0 PROGRESS REPORTS AND PHOTOGRAPHS
During the various stages of the Work in the pursuance of the Contract, the Contractor shall at his own cost submit periodic progress reports as may be reasonably required by the owner’s Engineer in charge of the work with such materials as, charts, Bar Charts, photographs, test certificates, etc. Such progress reports shall be in the form and size as may be required by the owner’s Engineer in charge of the work and shall be submitted in at least three (3) copies.
28.0 TAKING OVER
Upon successful completion of erection and commission of all equipments and materials up to the satisfaction of owner’s Engineer in charge of the work, a Taking over Certificate as a proof of the completion of the work will be issued by the owner. Such certificate shall not unreasonably be withheld.
CONTRACT SECURITY AND PAYMENTS
29.0 CONTRACT PERFORMANCE GUARANTEE
The Contractor shall furnish contract performance guarantee as specified in clause 10.0 of Section – I for the proper fulfillment of the Contract within fifteen (15) days of “Notice of Award of Contract.”
30.1 The payment to the Contractor for the performance of the Works under the Contract will be made by TSECL as per the guidelines and conditions specified hereinafter. All payment made during the Contract shall be on account payments only. The final payment will be made on completion of all Works and on completion of warranty / guaranty period including fulfillment by the Contractor of all his liabilities under the Contract.
30.2 Currency of Payment
All payments under the Contract shall be in Indian Rupees only.
30.3Due Dates for Payments
TSECL will make progressive payment as and when the payment is due as per the terms of payment set forth as herein after.
31. Mode of Payment
31.1 Payment due on supply / erection of Equipment & materials / services shall be made by the owner’s Engineer in charge of the work through account payee Banker cheque.
31.2 TERMS OF PAYMENT
Payment shall be made after satisfactorily completion of the job / job(s) either partly or fully
31.2.2 Transportation & Insurance
Transportation upto the work site of all equipments and materials supplied by the contractor or issued by the owner and insurance charges shall be borne by the contractor and the owner in no way shall be liable for the transportation and insurance charges.
31.2.3 Contract Variation
The terms of payments for Contract variations in terms of clause 19.0 and Sub-clause 21 (if any) of this Section shall be the same as provided in clause 31.2 of this section.
32. EXTENSION OF TIME
32.1 The owner may consider granting of time extension for completion of the work if it is felt absolutely essential for the grounds arising out as per clause – 21 and clause – 39 of this section or otherwise the time extension shall be granted on fulfillment of following conditions by the Contractor:-
a) The contractor must apply to the owner’s Engineer-In-charge in writing for extension of time so required justifying the necessity as per pro-forma attached at ANNEXURE – II.
b) Such application must state the grounds which hindered the contractor in the execution of the work within the time as stipulated in the contract document.
c) Such application must be made within 30 days of the date on which such hindrance had arisen.
d) The owner’s Engineer-in-charge must be of the opinion that the grounds shown for the extension of time are reasonable and without extension of such time completion of the work is practically impossible.
32.2 The owner’s Engineer-In-Charge will have full powers, but the orders on the application Of the Contractor accepted by the appropriate authorities of TSECL Shall be issued by him only after written approval from the concerned authority..
32.3 The opinion of the Engineer-in-charge, whether the grounds shown for the time extension are or are not reasonable, is final. If the owner’s Engineer-in-charge is of the opinion that the grounds shown by the supplier/ contractor are not reasonable and declines to grant extension to time, the supplier/contractor will be intimated accordingly.
33.0 DEDUCTION FROM CONTRACT PRICE
All costs, damages or expenses which the owner may have paid, for which under the Contract, the Contractor is liable, will be deducted from the progressive bill of the contractor.
34.0 TRANSFER OF THE TITLE
34.1 This Transfer of Title of equipments / materials shall not be constructed to mean the acceptance and the consequent “Taking Over” of equipment and materials. The Contractor shall continue to be responsible for the quality and performance of such equipment and materials and for their compliance with the specifications until “Taking Over” and the fulfillment of guarantee provisions of this Contract.
34.2 This Transfer of Title shall not relieve the Contractor from the responsibility for all risks of loss or damage to the equipment and materials as specified under the clause entitled “Insurance” of this Section.
35.1 The Contractor at his cost shall arrange, secure and maintain all insurance as may be pertinent to the Works and obligatory in terms of law to protect his interest and interests of TSECL against all perils detailed herein. The form and the limit of such insurance as defined herein together with the under-writer in each case shall be acceptable to TSECL. However, irrespective of such acceptance, the responsibility to maintain adequate insurance coverage at all times during the period of Contract shall be of the Contractor alone. The Contractor’s failure in this regard shall not relieve him of any of his contractual responsibilities and obligations. The insurance covers to be taken by the Contractor shall be in a joint name of TSECL and the Contractor. The Contractor shall, however, be authorized to deal directly with Insurance Company or Companies and shall be responsible in regard to maintenance of all insurance covers. Further the insurance should be in freely convertible currency.
35.2 Any loss or damage to the equipment during handling, transportation, storage, erection, putting into satisfactory operation and all activities to be performed till the successful completion of commissioning of the equipment shall be to the account of the Contractor. The Contractor shall be responsible for preference of all claims and make good the
damages or loss by way of repairs and/or replacement of the equipment /material, damaged or lost. The transfer of title shall not in any way relieve the Contractor of the above responsibilities during the period of Contract. The Contractor shall provide TSECL with copy of all insurance policies and documents taken out by him in pursuance of the Contract. Such copies of documents shall be submitted to TSECL immediately after such insurance coverage. The Contractor shall also inform TSECL 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.
35.3 The perils required to be covered under the insurance shall include, but not be limited to fire and allied risks, miscellaneous accidents (erection risks) workman compensation risks, loss or damage in transit, theft, pilferage, riot, strikes, social unrest and malicious damages, civil commotion, weather conditions, accidents of all kinds, etc. The scope of such insurance shall be adequate to cover the replacement/reinstatement cost of the equipment for all risks upto and including delivery of goods and other costs till the equipment is delivered at Site. The insurance policies to be taken should be on replacement value basis. Notwithstanding the extent of insurance cover and the amount of claim available from the underwriters, the Contractor shall be liable to make good the full replacement/rectification value of all equipment/materials and to ensure their availability as per project requirements.
35.4 All costs on account of insurance liabilities covered under the Contract will be to Contractor’s account and will be included in Contract Price, However, TSECL may from time to time, during the pendency of the Contract, ask the 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, for reduction in Contract price to the extent of reduced premium amount. The Contractor, while arranging the insurance shall ensure to obtain all discounts on premium, which may be available for higher volume or for reason of financing arrangement of the project.
36.0 LIABILITY FOR ACCIDENTS AND DAMAGES
Under the Contract, the Contractor shall be responsible for loss or damage to the equipment until the successful completion of commissioning as defined else-where in the Bidding Documents.
37.0 DELAYS BY THE OWNER OR HIS AUTHORISED AGENTS
In case the Contractor’s performance is delayed due to any act on the part of the owner or his authorized agents, then the Contractor shall be given due extension of time for the completion of the Works, to the extent of such act on the part of the owner has caused delay in the Contractor’s performance of the Contract.
Regarding reasonableness or otherwise of the extension of time, the decision of the TSECL shall be final.
38.0 DEMURRAGE, WARFARE, ETC.
All demurrage, warfare and other expenses incurred due to delayed clearance of the material or any other reason shall be to the account of the Contractor.
39.0 FORCE MAJEURE
39.1 Force majeure is herein defined as any cause which is beyond the control of the Contractor or TSECL as the case may be, which they could not foresee or with a reasonable amount of diligence could not have foreseen and which substantially affects the performance of the Contract, such as:
a. Natural phenomena, including but not limited to floods, droughts, earthquakes and epidemics;
b. Acts of any Government including but not limited to war, declared or undeclared, quarantines, and embargoes.
Provided the contractor shall within fifteen (15) days from the occurrence of such a cause notify the owner in writing of such causes, acceptance of which will be given by the owner after verification.
39.2 The Contractor or TSECL shall not be liable for delays in performing his obligations resulting from any force-majeure cause as referred to and /or defined above.
The date of completion will, subject to hereinafter provided, be extended by a reasonable time. In such case the contractor shall submit to owner’s Engineer-in-charge of the work the time extension application as per format attached at ANNEXURE –II.
40.0 SUSPENSION OF WORK
TSECL 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 TSECL to the Contractor in writing. The time for completion of the works will be extended for a period equal duration of the suspension.
41.0 CONTRACTOR‘S DEFAULT
41.1 If the Contractor shall neglect to execute the Works with due diligence and expertise or shall refuse or neglect to comply with any reasonable order given to him in the Contract by the owner’s Engineer in charge of the work in connection with the works or shall contravene the provisions of the Contract, the owner may give notice in writing to the Contractor to make good the failure, neglect or contravention complained ofshould the Contractor fail to comply with the notice within thirty (30) days from the date of serving the notice, then and in such case the owner shall be at liberty to employ other workmen and forthwith execute such part of the Works as the Contractor, may have neglected to do or if the owner shall think fit, without prejudice to any other right he may have under the Contract to take the work wholly or in part out of the Contractor’s hands and re-contract with any other person or persons to complete the works or any part thereof and in that event the owner shall have free use of all Contractor’s equipment that may have been at the time on the Site in connection with the works without being responsible to the Contractor for fair wear and tear thereof and to the exclusion of any right of the Contractor over the same, and the owner shall be entitled to retain and apply any balance which may otherwise be due on the Contract by him to the Contractor, or such part there of as may be necessary, to the payment of the cost of executing the said part of the Work or of completing the Works as the case may be. If the cost of completing of Works or executing a part there of as a foresaid shall exceed the balance due to the Contractor, the Contractor shall pay such excess. Such payment of excess amount shall be independent of the liquidated damages for delay, which the Contractor shall have to pay if the completion of Works is delayed.
41.2 In addition, such action by the owner as aforesaid shall not relieve the Contractor of his liability to pay liquidated damages for delay in completion of Works as defined in clause
13.0 of this Section.
Such action by the owner as aforesaid, the termination of the Contract under this clause shall neither entitle the Contractor to reduce the value of the Contract Performance Guarantee nor the time thereof. The Contract Performance Guarantee shall be valid for the full value and for the full period of the Contract including guarantee period.
42.0 TERMINATION OF CONTRACT ON OWNER’S INITIATIVE
42.1 The owner reserves the right to terminate the Contract either in part or in full due to reasons stipulated in the clause entitled “Contractor’s Default.” The owner shall in such an event give fifteen (15) days notice in writing to the Contractor of his decision to do so.
42.2 The Contractor upon receipt of such notice shall discontinue the work on the date and to the extent specified in the notice.
42.3 If the Contractor is an individual or a proprietary concern and the individual or the proprietor dies and if the Contractor is a partnership concern and one of the partners dies then unless the owner is satisfied that the legal representatives of the individual contractor or of the proprietor of propriety concern and in the case of partnership, the surviving partners, are capable of carrying out and completing the Contract, the owner shall be entitled to cancel the Contract as to its uncompleted part without being in any way liable to payment of any compensation to the estate of deceased Contractor and/or to the surviving partners of the Contractor’s firm on account of the cancellation of the Contract. The decision of the owner that the legal representatives of the deceased Contractor or surviving partners of the Contractor’s firm cannot carry out and complete the Contract shall be final and binding on the parties.
RESOLUTION OF DISPUTES
43.0 SETTLEMENT OF DISPUTES
43.1 Any dispute(s) or difference (s) arising out of or in connection with the Contract shall, to the extent possible, be settled amicably between the parties.
43.2 If any dispute or difference of any kind whatsoever shall arise between the owner’s Engineer in charge of the work and the Contractor, arising out of the Contract for the performance of the Works whether during the progress of the Works or after its completion or whether before or after the termination, abandonment or breach of the Contract, it shall, in the first place, be referred to and settled by the Additional General Manager of the concerned circle /General Manager of TSECL as the case may be , who, within a period of thirty (30) days after being requested by either party to do so, shall give written notice of his decision to both the parties.
43.3 In the event the Contractor being dissatisfied with any such decision, the matters in dispute shall be referred to arbitration as hereinafter provided.
44.1 All disputes or differences in respect of which the decision, if any, of the appropriate authority of TSECL has not become final or binding as aforesaid shall be settled by arbitration in the manner hereinafter provided.
44.1.1 The arbitration shall be conducted by an arbitrator, to be nominated by TSECL and he will be the sole arbitrator to conduct the arbitration.
44.1.2 The arbitration shall be conducted in accordance with the provisions of the Indian Arbitration & Reconciliation Act, 1996 or any statutory modification thereof. The venue of arbitration shall be at Agartala.
44.2 The arbitrators may, from time to time with the consent of all the parties enlarge the time for making the award.
44.3 The arbitrator shall have full powers to review and/or revise any, decision, opinion, direction, certification or valuation of the Engineer in accordance with the Contract,and neither party shall be limited in the proceedings before such arbitrators to the condense or arguments out before the Engineer for the purpose of obtaining the said decision.
44.4 During settlement of disputes and arbitration proceedings, both parties shall be obliged to carry out their respective obligations under the Contract
45.0 RECONCILIATION OF ACCOUNTS
The Contractor shall prepare and submit every month, a statement covering payments claimed and the payments received vis-à-vis the works executed, for reconciliation of accounts with the owner’s Engineer in charge of the work. The Contractor shall also prepare and submit a detailed account of Materials received from TSECL and utilized by him for reconciliation purpose.
SECTION – IV
Special Instructions to Bidder(s)
1. The Bidder(s), before submitting of Bid(s), are advised to invariably visit the status of the work and satisfy himself/themselves about physical volume of works to be carried out, acquaint himself / themselves with the environment, take into consideration details of all minor & majorTechnicalrequirements so as to ensure successful completion of the work with ease & comfort on award.
2. Package shall be supplied by the owner free of cost in phase depending on performance of successful bidder in respect of supply of other items as specified in the bidding schedule.
3. All materials are to be supplied by the successful Bidder, where necessary, as per sample available with the Workshop Sub-Division.
4. Test Certificate with Guarantee Card is to be submitted at the time of delivery wherever applicable.
5. ± 25% quantity variation may be there if necessary.
SECTION – V
SCOPE, CONDITION OF CONTRACT & GENERAL CLAUSE
a. SCOPE OF WORK:-
To & fro transportation of transformer from Work Shop Sub-Division to tenderer work shop and back should be borne by successful tenderer. Cost of Inspection of Transformer by a group of Officer of TSECL after opening of lid of Transformer before repairing and after repairing of Transformer should be borne by Tenderer. Major repairing of Transformer including supply of all requisite damaged component and two coats of painting of transformer by approved quality paint.
b. DETAILS INSTRUCTIONS TO THE TENDERER:-
Dy. General Manager reserve the right to reject or accept any or all tender in whole or in part and will not be bound to accept the lowest without assigning any reason what-so-ever for rejection of any tender or all tenders.
i. It is responsibility of the tenderer to procure tools and plants and machineries required for the due performance of work.
ii. Tender rate should be quoted inclusive of all taxes and other charges and must be filled in schedule attached.
iii. The successful tender shall be responsible for the complete and satisfactory execution of the works.
iv. The tenderer should furnish details of his past work of this nature of job.
v. The tenderer should have to supply materials strictly as per specification confirming to latest
vi. Addition of any item if required afterwards or as required under statutory provision of I.S.S. should have to be supplied by the tenderer at an extra cost to be decided mutually.
vii. All works shall confirm with the rule in force under the Indian Electricity Rules.
viii. Programme Chart:-
Within 15 days of placing the order, the tenderer shall submit a detail programme of the work through BAR-CHART.
ix. Department`s Supervision:-
All the works shall be carried out under the direction and to reasonable satisfaction of the Department.
x. Withholding payment:-
TSECL may withhold any payment for supply, erection claimed by the Contractor, which in the opinion of the department is necessary to protect the deptts from any loss on account of:-
a. Defective work not remedied or guarantees not met.
b. Claim file against the contractor.
c. Failure by the contractor to make due payment for materials or labour employed by him.
d. Inadequate progress of work when the ground for withholding payments are removed, payments of amount due to the contractor shall be made by the Department without delay and without any interest what so ever.
xi. The total amount of liquidated damages for delay under the Contract will be subject to maximum of 5% of the Contract price for maximum 120 days delay exceeding stipulated completion period, beyond that imposition of percentage of LD lies at the discretion of TSECL.
xii. 2% of the estimated cost as earnest money in the form of Demand Draft / Banker Cheque drawn from any nationalized bank or any scheduled Bank in favour of the Tripura State Electricity Corporation Limited has to be deposited along with the tender, otherwise the tender will be liable to rejection.
xiii. The lowest bidder shall submit Contract Performance Guarantee as per clause 10.0 of Section – Iafter issuance of LOA.
xiv. Guarantee / Warrantee should be as per clause 14 of section – III.
xv. Repaired transformer should be transported to the Work shop Sub-Division by the successful bidder at his own cost & risk.
xvi. Defective distribution transformers are to be lifted within 15 days from the date of issuance of LOA. Defective transformer will be issued to the successful tenderer in 4(four) spells. After completion of one lot repairing, next lot of damaged transformer will be handed over.
xvii. No bid shall be modified/ withdrawn in the interval between the dead line for submission of bids and the expiration of the period of bid validity specified by the bidder on the Bid Form. Withdrawn/modification of a bid during this interval shall result forfeiture of the earnest money deposited by the bidder.
xviii. The undersigned reserves the right to accept or reject any or all quotation including lowest one without assigning any reason what so ever.
SPECIAL TERMS AND CONDITIONS
1. Following test has to be carried out in presence of the Officer in charge of the works:-
a. Insulation Resistance Test:
b. Turn Ratio test.
c. High Voltage test..
d. Winding Resistance test.
e. vector group
f. S.C.C test at impedance voltage.
g. Dielectric strength of Transformer oil
2. Test certificate along with Guarantee card is to be submitted at the time of delivery after complete repairing/ servicing.
3. The successful tenderer has to provide at least 12(twelve) months guarantee from the date of receipt of materials that in the event of defect/mal-function/damage of the repaired transformer after putting into Service, the same shall be repaired at free of cost. Moreover if any failure due todefect/mal-function/damage of the repaired transformers takes place during the guarantee period than all “To & Fro carrying, loading & unloading charges for repairing shall also be chargeable on the bidder(s) account.
4. The damage part of the transformer should be returned back to the Department.
5. Works is of turn-key nature. Any materials required to complete the job, even not mentioned in the schedule of supply items, has to be supplied in the interest of completing the job at rate mutually agreed upon.
6. Successful tenderer has to concluded & sign an agreement as per form of TSECL.
7. Rate shall be quoted inclusive of all taxes and duties and to & fro transportation of transformer from banduarWorkshop, Udaipur to tenderer workshop and back. Break up of claimed taxes and duties have to be shown separately. Applicable statutory taxes & duties shall be deducted at source. Evaluation of bid shall be done on loading of all taxes and duties against quoted price of the intending bidders.
8. Quoted rate shall be FIRM.
9. Price offer/Rate validity should be at least for 180 days.
10. Joint inspection shall be conducted before taking up the job.
11. Before quoting rate, tenderer may inspect the Transformer taking permission of the Sr. Manager/ ManagerBanduar Workshop, Udaipur..
12. Payment shall be made against R/A bill after complete repairing/service and testing of Transformer.
13. Plus, minus 25% quantity variation of work (If required) have to be carried out by the contractor at an agreement rate.
14. Unserviceable Aluminium / Copper coil(HT/LT) and other scraped material which will be available in the damage transformer should be assessed and made tocut pieces by cutter in the presence of TSECL’s representative and stored properly until completion of work for verification by the Engineer-In-Charge as and when necessary.
15. In case any re-insulation of the LT coil (Al/Cu) is required, the damaged insulation must be erased in presence of the TSECL’s representative before commencement of re-insulation.
16. TSECL has every right to split up the work to the various repairing agency of Tripura.
17. Old re-usable winding (HT/LT) is to be used after proper re-bobining as per direction of engineer in charge.
18. Old transformer oil if supplied by the department to be used for repair transformer by the contractor after proper filtration etc. without any extra cost/charge.
19. High voltage test to be carried out on repaired transformer up to 28 KV on H.T. side & 2KV on
20. Re-insulation of the wire (HV & LV) wire shall be made by machine.
21. The bidder/firm must have experienced appointee Engineer who will conduct the testing of transformer in presence of TSECL Inspector during inspection. The details of Engineer must be Submit with the Tender document.
22. Extend of damage & item to be repaired/ replaced shall be determined joint through inspection of failed units by contractor and TSECL engineer-in-charge.
ANNEXURE – I
PROFORMA OF BANK GUARANTEE FOR CONTRACT PERFORMANCE
(To be stamped in accordance with stamp Act)
Ref. …………………… Bank Guarantee No. ……………
Deputy General Manager,
Testing & Communication Division, 79 Tilla, Agartala-799006.
In consideration of Tripura State Electricity Corporation Limited (hereinafter referred to as the ‘Owner’, which expression shall unless repugnant to the contest or meaning there of include its successors, administrators and assigns) having awarded to M/s with its registered/Head office at
…………………………….(hereinafter referred to as ‘Contractor’ which expression shall unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns), a Contract by issued of Owner’s Letter of Award No……………………..dated………………….and the same having been acknowledged by the Contractor, resulting in a Contract bearing No. dated
………………….valued at ……………for …………………(scope of contract) and the Contactor having agreed to provide a Contract Performance Guarantee for the faithful performance of the entire Contract equivalent to …………………………being .(%) per cent) of the said value of the Contract to the Owner.
We, (Name & Address) having its Head Office
at… (hereinafter referred to as the ‘Bank’, which expression shall, unless repugnant to
the context or meaning thereof, include its successors, administrators , executors and assigns) do hereby guarantee and undertake to pay the Owner, on demand any all monies payable by he Contractor to he extent of …………………………………………………………………..as aforesaid at any time up to…………………………**………………………………(days/month/year) without any demur, reservation, contest, recourse or protest and/or without any reference to the Contractor.
Any such demand made by the Owner on the bank shall be conclusive and binding notwithstanding any difference between the Owner and the Contractor or any dispute pending before any Court, Tribunal, Arbitrator or any other authority. The Bank undertakes not to revoke this guarantee during its currency without previous consent of the Owner and further agrees that the guarantee herein contained shall continue to be enforceable till the Owner discharges this guarantee.
The Owner shall have the fullest liberty without affecting in any way the liability of the Bank under the guarantee, from time to time to extend the time for performance or the Contract by the
Contractor. The Owner shall have the fullest liberty, without affecting this guarantee, to postpone from time to time the exercise of any powers vested in them or of any right which they might have against the Contractor, and to exercise the same at any time in any manner, and either to enforce or to for bear to enforce any covenants, contained or implied, in the Contact between the Owner and the Contractor or any other course or remedy or security available to the Owner. The Bank shall not be released to its obligations under these presents by any exercise by the Owner of its liberty with reference to the matters aforesaid or any of them or by reason of any other act of omission or commission on the part of the Owner or any other indulgences shown by the Owner or by any other matter or thing what so ever which under law would, but for this provision have the effect of relieving the Bank.
The bank also agrees that the Owner at its option shall be entitled to enforce this guarantee against the Bank as a principal debtor, in the first instance without proceeding against the Contractor and not withstanding any security or other guarantee the Owner may have in relation to the Contactor’s liabilities.
Notwithstanding anything contained herein above our liability under this guarantee is restricted to
………..and it shall remain in force upto and including and shall be extended from time to time
for such period (not exceeding one year), as may be desired M/s on whose behalf this guarantee
has been given.
Dated this ………………. day of …………………200…………………. At ……………
…………………………………… …………………………………… (Signature)
…………………………………… …………………………………… (Name)
…………………………………… …………………………………… (Official Address)
Attorney as per Power
Of Attorney No. …………………………….
ANNEXURE – II
APPLICATION FOR EXTENSION OF TIME
(Part – I)
1. Name of Contractor
2. Name of work (as given in the contract)
3. Agreement of
4. Estimate amount put to tender
5. Date of Commencement of work
6. Period allowed for completion of work (as per agreement)
7. Date of completion stipulated in the agreement
8. Period for which extension of time has been given previously if any
a) 1st extension vide No.
b) 2nd extension vide No.
c) 3rd extension vide No.
d) 4th extension vide No.
9. Period for which extension have been previously given (Copies of the previous application should be attached).
10. Hindrances on account of which extension is applied for with date on which hindrances occurred.
Nature of hindrances
Date of occurrence
Period of which hindrances is likely to last
Extension of time applied for by the contractor
Overlapping period, if any, giving reference to items which
Period for which extension is applied for.
Remarks as to why the hindrances occurred and justification for
extension of time
11. Total period for which extension is now applied for on account of hindrances mentioned above.
12. Extension of time required for extra work: - Months. days.
13. Detailed for extra work and the amount involved: - 14.
a) Total value of extra work: -
b) Proportionate period of extension of time based on estimated amount put to tender on account of extra work: -
15. Total extension of time required for 11 & 12: -
Signature of Contractor
APPLICATION FOR EXTENSION OF TIME
(Part – II)
(To be filled in by TSECL)
1. Date of receipt of application from contractor for the work of
in the Sub-Divisional .
2. Acknowledgement issued by the Sr. Manager, vide his No.
3. Recommendation of Sr. Manager, in – charge of the Sub-Division is to whether the reasons given by the Contractor are correct and what extension, if any, recommended by him, if he does not recommended the extension, reasons for rejection should be given
Dated ………………….. Signature of the Sr. Manager in-charge of Sub-Division.
APPLICATION FOR EXTENSION OF TIME (Part – III)
(To be filled in by TSECL)
1. Date of receipt in the Divisional office:
2. Report of DGM, in-charge of the Division regarding hindrances mentioned by the contractor
Nature of hindrances
Date of occurrence
Period for which hindrances is likely to last
Extension of time applied for by the contractor
Overlapping period, if any, giving reference to items which overlap
Net extension applied for
Remarks as to why the hindrances occurred and justification for
3. Recommendation / Approval of the DGM, in-charge of the Division: -
(The present progress of work should be stated and whether the work is likely to be completed by the date upto which extension is applied for, if extension of time is not recommended, what compensation is proposed to be levied under clause 13 of section - III.
Signature of DGM
4. Recommendation / Approval of the AGM, in-charge of the Circle: -
Signature of AGM
5. Recommendation / Approval of the GM (Technical): -
Signature of GM (Technical)
6. Recommendation / Approval of the CMD: -
Signature of CMD
I/We hereby declare that I/We have personally gone through the Bid- Document containing general terms and conditions incorporated in the Notice Inviting Competitive Bidding for the works /supply and I/We do agree to abide by all the rules and regulation of TSECL, Agartala, Tripura.
SIGNATURER OF THE TENDERER/BIDDER
SECTION – VI
PRICE BIDDING SCHEDULE
The qualified Bidder(s)/Contractor(s) should duly fill up the schedule of item(s) format. The rate and amount are to be written both in figures and words in such a way that interpolation is not possible. In case of figures, the word Rs. should be written before the figure and paise at the end(viz. Rs.250.50 p). In case of rate or amount in words, the ‘Rupees’ should precede and the ‘only’ should be written at the end (viz. Rupees Two hundred fifty and Paise fifty only).
(Rate & amount in Rs.)
Description of items
Re-winding and re-insulation of LV coil with double coated paper insulation: -
a) 10 KVA (Al) [4.00 Kg X 2]
b) 16 KVA (Al) [6.50 Kg X 8]
c) 16 KVA (Cu) [6.50 Kg X 4]
d) 25 KVA Cylindrical (Al) [3.00 Kg X 12]
e) 25 KVA Cylindrical (Cu) [6.00 Kg X 12]
f) 25 KVA (Al) Rectangular Core [3.00 Kg X 96]
g) 63 KVA (AL) [4.50 Kg X 140]
h) 100 KVA (Al) [9.00 Kg X 60]
i) 200 KVA (Al) [14.00 Kg X 8]
j) 315 KVA (Cu) [38.00 Kg X 7]
k) 500 KVA (Cu) [45.00 Kg X 2]
Providing of new LV coil: -
a) 10 KVA (Al) [4.00 Kg X 2]
b) 16 KVA (Al) [6.50 Kg X 4]
c) 16 KVA (Cu) [6.50 Kg X 4]
d) 25 KVA Cylindrical (Al) [3.00 Kg X 6]
(Rate & amount in Rs.)
Description of items
e) 25 KVA Cylindrical (Cu) [6.00 Kg X 6]
f) 25 KVA (Al) Rectangular Core [3.00 Kg X 48]
g) 63 KVA (AL) [4.50 Kg X 70]
h) 100 KVA (Al) [9.00 Kg X 30]
i) 200 KVA (Al) [14.00 Kg X 4]
j) 315 KVA (Cu) [38.00 Kg X 2]
k) 500 KVA (Cu) [45.00 Kg X 1]
Providing new HV coil: -
a) 10 KVA (Al) [2.50 Kg X 8]
b) 16 KVA (Al) [3.50 Kg X 24]
c) 16 KVA (Cu) [3.50 Kg X 16]
d) 25 KVA Cylindrical (Al) [5.00 Kg X 36]
e) 25 KVA Cylindrical (Cu) [8.50 Kg X 36]
f) 25 KVA (Al) Rectangular Core [2.00 Kg X 576]
g) 63 KVA (AL) [3.80 Kg X 600]
h) 100 KVA (Al) [5.00 Kg X 300]
i) 200 KVA (Al) [6.00 Kg X 36]
j) 315 KVA (Cu) [15.00 Kg X 28]
k) 500 KVA (Cu) [18.00 Kg X 10]
Re-winding & re-insulation with double coated paper insulation of HV coil: -
a) 25 KVA Cylindrical core (Al) [4.00 Kg X 00]
(Rate & amount in Rs.)
Description of items
b) 25 KVA (Al) Rectangular Core [2.00 Kg X 0]
c) 63 KVA (AL) [3.80 Kg X 240]
d) 100 KVA (Al) [5.00 Kg X 60]
e) 200 KVA (Al) [6.00 Kg X 12]
f) 315 KVA (Cu) [15.00 Kg X 8]
g) 500 KVA (Cu) [18.00 Kg X 2]
Supply of the following including fixing etc. as
a) LV Bushing complete (10 KVA to 100 KVA)
b) LV brass stud complete (10 KVA to 100 KVA)
c) LV Bushing complete (200 KVA to 315KVA)
d) LV brass stud complete (200 KVA to 315 KVA)
e) LV Bushing complete (for 500 KVA)
f) LV brass stud complete (for 500 KVA)
g) 11 KV bushing (10 KVA to 100 KVA)
h) HV brass stud complete (10 KVA to 100 KVA)
i) Silica gel Breather (10 KVA to 100 KVA)
j) Silica gel Breather (200 KVA to 315 KVA)
k) Silica gel Breather (500 KVA)
l) Gasket and insulation materials
m) Nuts and Bolts
(Rate & amount in Rs.)
Description of items
Major repairing of transformer including dismantling of core and coils, re-assembling & boxing-up after repairing or replacement of core
& coils, repairing of tank including gas welding of bottom drain pipe etc. (inner side) as required.
a) 10 KVA
b) 16 KVA
c) 25 KVA (Cylindrical)
d) 25 KVA (Rectangular)
e) 63 KVA
f) 100 KVA
g) 200 KVA
h) 315 KVA
i) 500 KVA
Providing painting and varnishing of transformer including supply of paint etc. as required.
a) 10 KVA
b) 16 KVA
c) 25 KVA (Cylindrical)
d) 25 KVA (Rectangular)
e) 63 KVA
f) 100 KVA
g) 200 KVA
h) 315 KVA
i) 500 KVA
Scrap materials (HV / LV)
a) Cost of old scrap Aluminium coils to be retained by repairer (owner will not take back old scraps)
b) Cost of old scrap Cpper coils to be retained by repairer (owner will not take back old scraps)
Cost of scrap materials
Grand total after deduction of cost of scrap
SIGNATURER OF THE TENDERER/BIDDER(with seal)
NIT No. DGM/ ED/ 16-17/1 Dated 10-05-2016
Name of work: - Major repairing of 180nos. distribution transformer (single phase / three phase) of capacity 10 KVA -02 nos., 16 KVA-10nos. (6nos, Al., 4nos, Cu),25 KVA-60nos, (Cylindrical : 6 nos. Al,Cylindrical : 6 nos. Cu. &Rectangular :48 nos.), 63 KVA (70 nos.), 100 KVA (30 nos.), 200 KVA (4 nos.), 315 KVA (03 nos.) & 500 KVA (01 nos.) 11/0.433 KV distribution transformer complete with replacement of damage component.
Estimated Cost :- Rs. 3627153.00
Earnest Money :- Rs.72543.00 Cost of bidding document :- Rs.2000.00
Last Date of Selling :- Rs. 26/05/2016 upto 1.30P.M Last Date of Receiving :-27/05/2016upto 1.30P.M Completion Period :-Shall be decided by TSECL.
Certified that this D.N.I.T. contains 46(Forty Six) pages excluding cover pages.
Deputy General Manager Electrical Division, Udaipur
(Er. Ananda Sarkar) Udaipur Gomati Tripura
This bidding document issued to……………………………………………………………………………
Deputy General Manager Electrical Division, Udaipur
(Er. Ananda Sarkar)
Udaipur Gomati Tripura