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Tender Spec. No. DVVNL-MM/1565-2015 Page No.1 DAKSHINANCHAL VIDYUT VITRAN NIGAM LIMITED DAKSHINANCHAL VIDYUT VITRAN NIGAM LIMITED E-TENDERING E-TENDERING TENDER DOCUMENTS AGAINST TENDER SPECIFICATION NO. TENDER DOCUMENTS AGAINST TENDER SPECIFICATION NO. DVVNL- MM/1565-2015 FOR SUPPLY OF DVVNL- MM/1565-2015 FOR SUPPLY OF SMC LT DISTRIBUTION BOX (1-PHASE) FOR AERIAL BUNCHED CONDUCTOR SMC LT DISTRIBUTION BOX (1-PHASE) FOR AERIAL BUNCHED CONDUCTOR Due date of Opening: Due date of Opening: 21.11.2015 21.11.2015 Cost of Tender Documents Cost of Tender Documents Rs 5250.00 Rs 5250.00

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Page 1: DAKSHINANCHAL VIDYUT VITRAN NIGAM LIMITED · Web viewSuch revision/ amendment(s) shall be posted/uploaded on the e-procurement website and shall also be displayed on official website

Tender Spec. No. DVVNL-MM/1565-2015 Page No.1

DAKSHINANCHAL VIDYUT VITRAN NIGAM LIMITEDDAKSHINANCHAL VIDYUT VITRAN NIGAM LIMITED

E-TENDERINGE-TENDERING

TENDER DOCUMENTS AGAINST TENDER SPECIFICATION NO. TENDER DOCUMENTS AGAINST TENDER SPECIFICATION NO. DVVNL- MM/1565-2015 FOR SUPPLY OF DVVNL- MM/1565-2015 FOR SUPPLY OF

SMC LT DISTRIBUTION BOX (1-PHASE) FOR AERIAL BUNCHED CONDUCTORSMC LT DISTRIBUTION BOX (1-PHASE) FOR AERIAL BUNCHED CONDUCTOR

Due date of Opening: Due date of Opening: 21.11.201521.11.2015Cost of Tender Documents (including Cost of Tender Documents (including all taxes)all taxes) Rs 5250.00Rs 5250.00

Page 2: DAKSHINANCHAL VIDYUT VITRAN NIGAM LIMITED · Web viewSuch revision/ amendment(s) shall be posted/uploaded on the e-procurement website and shall also be displayed on official website

Tender Spec. No. DVVNL-MM/1565-2015 Page No.2

TENDER DOCUMENTSTENDER DOCUMENTS

I N D E XI N D E X

Sl. No.Sl. No. ParticularsParticulars

11 Front PageFront Page

22 Tender NoticeTender Notice

33 Instructions to tenderers Instructions to tenderers

44 Schedule 'A' to 'PSchedule 'A' to 'P 22 ''

55 General Requirements of SpecificationsGeneral Requirements of Specifications

66 Form 'B'Form 'B'

77 Form of AgreementForm of Agreement

88 Form of Guarantee Bond for 1% SecurityForm of Guarantee Bond for 1% Security

99 Form of Bank Guarantee (Earnest Money)Form of Bank Guarantee (Earnest Money)

1010 Special Instructions to TenderersSpecial Instructions to Tenderers

1111 Technical SpecificationTechnical Specification

1212 Guaranteed Technical Particulars (GTP), Drawing, etc.Guaranteed Technical Particulars (GTP), Drawing, etc.

1313 PricesPrices

1414 Quantity, Earnest Money details and desired deliveryQuantity, Earnest Money details and desired delivery

schedule schedule

1515 Price variation clauses (If applicable)Price variation clauses (If applicable)

Page 3: DAKSHINANCHAL VIDYUT VITRAN NIGAM LIMITED · Web viewSuch revision/ amendment(s) shall be posted/uploaded on the e-procurement website and shall also be displayed on official website

Tender Spec. No. DVVNL-MM/1565-2015 Page No.3

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fufonk;sa bySDVªkWfud Vs.Mfjax ds ek/;e ls m0iz0fufonk;sa bySDVªkWfud Vs.Mfjax ds ek/;e ls m0iz0 ‘kklu ds bZ&izksD;ksjeSaV iksVZy‘kklu ds bZ&izksD;ksjeSaV iksVZy https://etender.up.nic.inhttps://etender.up.nic.in ijij gh izkIr dh tk;asxhA gh izkIr dh tk;asxhA

ftu fufonknkrkvksa }kjk ok¡fNr fufonk ‘kqYd vFkokftu fufonknkrkvksa }kjk ok¡fNr fufonk ‘kqYd vFkok /kjksgj jkf’k tek ugha dh tkrh gSa] mudh fufonk dks/kjksgj jkf’k tek ugha dh tkrh gSa] mudh fufonk dks u rks [kksyk tk;sxk vkSj u gh ml ij fopkj fd;k tk;sxkA u rks [kksyk tk;sxk vkSj u gh ml ij fopkj fd;k tk;sxkA

Page 4: DAKSHINANCHAL VIDYUT VITRAN NIGAM LIMITED · Web viewSuch revision/ amendment(s) shall be posted/uploaded on the e-procurement website and shall also be displayed on official website

Tender Spec. No. DVVNL-MM/1565-2015 Page No.4

fufonk izi= lEcU/kh lHkh tkudkfj;k¡ fufonk izi= lEcU/kh lHkh tkudkfj;k¡ m0iz0 ‘kklu dsm0iz0 ‘kklu ds bZ&izksD;ksjeSaV iksVZybZ&izksD;ksjeSaV iksVZy https://etender.up.nic.inhttps://etender.up.nic.in ijij ,oa,oa fuxe dh osc lkbV fuxe dh osc lkbV www.dvvnl.orgwww.dvvnl.org ij miyC/k gS tgk¡ ls ij miyC/k gS tgk¡ ls MkmuyksM fd;k tk ldrk gSA MkmuyksM fd;k tk ldrk gSA

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"INSTRUCTIONS TO TENDERERS FOR "INSTRUCTIONS TO TENDERERS FOR E-TENDERINGE-TENDERING ""

1 . 11 . 1 Preparation of Preparation of e-tendere-tender : :

1 . 1 . 11 . 1 . 1 Before submission of the Before submission of the e-tender,e-tender, the tenderers are required to make the tenderers are required to make themselves fully conversant with the technical specification, drawing, specialthemselves fully conversant with the technical specification, drawing, special instructions to tenderers, instructions to tenderers, general requirement ofinstructions to tenderers, instructions to tenderers, general requirement of specification including Schedules and General conditions of Contract of formspecification including Schedules and General conditions of Contract of form "B" as may be applicable so that no ambiguity at a later date in this respect. "B" as may be applicable so that no ambiguity at a later date in this respect.

1 . 1 . 21 . 1 . 2 Any inconsistency or ambiguity in the offers made by the Tenderer shall beAny inconsistency or ambiguity in the offers made by the Tenderer shall be interpreted to the maximum advantage of DVVNL and dis-advantage to theinterpreted to the maximum advantage of DVVNL and dis-advantage to the Tenderer. The tenderer shall have no right to question the interpretation ofTenderer. The tenderer shall have no right to question the interpretation of the purchaser in all such cases and the same shall be binding on the tenderer.the purchaser in all such cases and the same shall be binding on the tenderer.

1 . 1 . 31 . 1 . 3 The tenderer should be prepared and submitted strictly in accordance with theThe tenderer should be prepared and submitted strictly in accordance with the instructions contained in these specifications. The tender shall be completedinstructions contained in these specifications. The tender shall be completed in all respect. Tender must be submitted in the manner specified on thein all respect. Tender must be submitted in the manner specified on the attached prescribed schedule and/or copies there of. To complete theattached prescribed schedule and/or copies there of. To complete the proposal, the tender must fill in the Tender form. Declaration, all schedulesproposal, the tender must fill in the Tender form. Declaration, all schedules and data sheet annexed with the specification item by item in accordanceand data sheet annexed with the specification item by item in accordance with the instructions and notes supplementary thereto. The interpolation,with the instructions and notes supplementary thereto. The interpolation, insertions, cuttings and corrections made in the tender offers should be dulyinsertions, cuttings and corrections made in the tender offers should be duly initialled by the tenderer.initialled by the tenderer.

1 . 1 . 41 . 1 . 4 Tenderer shall supply the data required annexed with the specification byTenderer shall supply the data required annexed with the specification by typing at appropriate places against each item to facilitate preparation oftyping at appropriate places against each item to facilitate preparation of comparative statements. These sheets must be properly signed by authorisedcomparative statements. These sheets must be properly signed by authorised

vf/kd tkudkjh gsrq d`i;k vf/kd tkudkjh gsrq d`i;k https://etender.up.nic.in https://etender.up.nic.in ,oa ,oa www.dvvnl.orgwww.dvvnl.org dks ykWx&bu djsaAdks ykWx&bu djsaA

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Tender Spec. No. DVVNL-MM/1565-2015 Page No.5

representative of the tenderer/ manufacturer testifying the data submitted.representative of the tenderer/ manufacturer testifying the data submitted. All schedules must be duly filled in and shall be enclosed with each copy ofAll schedules must be duly filled in and shall be enclosed with each copy of the tender. In case the tenderer does not supply any of the requiredthe tender. In case the tenderer does not supply any of the required information at the time of tender necessary loading may be made whileinformation at the time of tender necessary loading may be made while evaluating the prices of his offer without giving him any further opportunityevaluating the prices of his offer without giving him any further opportunity to supply or clarity the same. The tenderers are notified that in case theto supply or clarity the same. The tenderers are notified that in case the required informations are not furnished in the specified proforma/schedulesrequired informations are not furnished in the specified proforma/schedules attached with the specification, the purchaser shall not be responsible for anyattached with the specification, the purchaser shall not be responsible for any error in the evaluation of specification, the purchaser shall not beerror in the evaluation of specification, the purchaser shall not be responsible for any error in the evaluation of their tender on this account.responsible for any error in the evaluation of their tender on this account. Further, the failure to empty with this requirement may result in the rejectionFurther, the failure to empty with this requirement may result in the rejection of the tender at the discretion of the purchaser. of the tender at the discretion of the purchaser.

1 . 1 . 51 . 1 . 5 Purchaser may revise or amend these specifications and drawings etc. prior toPurchaser may revise or amend these specifications and drawings etc. prior to date notified for opening of tenders. Such revision/ amendment(s) shall bedate notified for opening of tenders. Such revision/ amendment(s) shall be posted/uploaded on the e-procurement website posted/uploaded on the e-procurement website http://etender.up.nic.inhttp://etender.up.nic.in and and shall also be displayed on official website of discom and new papers throughshall also be displayed on official website of discom and new papers through Corrigendum maintaining reasonable time schedule for preparation of tenderCorrigendum maintaining reasonable time schedule for preparation of tender by the tenderers and it shall also form an integral part of tender document. by the tenderers and it shall also form an integral part of tender document.

1 . 1 . 61 . 1 . 6 Any portion of the terms and conditions as laid down in these specificationsAny portion of the terms and conditions as laid down in these specifications which are not clear to the tender should be got clarified from the purchaserwhich are not clear to the tender should be got clarified from the purchaser before submission of the tender so that ambiguity/confusion arises at a laterbefore submission of the tender so that ambiguity/confusion arises at a later date in this respect. A set technical, descriptive and illustrative literaturedate in this respect. A set technical, descriptive and illustrative literature alongwith drawing must accompany each copy of the tender so that a clearalongwith drawing must accompany each copy of the tender so that a clear standing of the equipment offered is obtained. standing of the equipment offered is obtained.

1 . 1 . 71 . 1 . 7 Tenderer, if so desires, may authorise one representative for attending tenderTenderer, if so desires, may authorise one representative for attending tender opening on his behalf. In such instance, representative shall be required toopening on his behalf. In such instance, representative shall be required to submit the authorisation certificate with his signature duly attested by thesubmit the authorisation certificate with his signature duly attested by the person signing tender on behalf of the Tenderer. This certificate shall beperson signing tender on behalf of the Tenderer. This certificate shall be submitted to the authority opening the tender. In absence of such certificatesubmitted to the authority opening the tender. In absence of such certificate the representative shall not be allowed to participate in tender opening.the representative shall not be allowed to participate in tender opening.

1.2 Pre-qualifying conditions:Tenders meeting following conditions only will be considered.

1.2.11.2.1 Testing facilities:Testing facilities:The tenderers must have all necessary facilities at their works forThe tenderers must have all necessary facilities at their works for carrying out such routine and acceptance tests as prescribed in thecarrying out such routine and acceptance tests as prescribed in the relevant ISS and any other routine and acceptance test as specified inrelevant ISS and any other routine and acceptance test as specified in the specification. Documentary evidence of existence of such facilitiesthe specification. Documentary evidence of existence of such facilities will be filled alongwith the tender. will be filled alongwith the tender.

1.2.21.2.2 Type test:Type test:(a)(a) For Indigenous bids or fully imported bids:For Indigenous bids or fully imported bids:

The offered equipment must have been fully type tested as per relevantThe offered equipment must have been fully type tested as per relevant ISS &/or other specified international standards, Photocopy of suchISS &/or other specified international standards, Photocopy of such type test reports/certificates must be submitted along with tender bid.type test reports/certificates must be submitted along with tender bid. The type test certificates of photo type manufactured and tested byThe type test certificates of photo type manufactured and tested by foreign collaboration of the tenderer at their works shall not beforeign collaboration of the tenderer at their works shall not be acceptable for indigenously manufactured equipment.acceptable for indigenously manufactured equipment.

(b)(b) For Indigenous bids under valid foreign collaboration:For Indigenous bids under valid foreign collaboration:i .i . The offered indigenously manufactured or collaborator'sThe offered indigenously manufactured or collaborator's

manufactured equipment should have been type tested andmanufactured equipment should have been type tested and reports submitted with tender.reports submitted with tender.

i i .i i . The collaborator's equipment shall have three years operatingThe collaborator's equipment shall have three years operating experience under tropical climate. experience under tropical climate.

(c)(c) In case of equipments of all capacities the type test mentioned atIn case of equipments of all capacities the type test mentioned at 1.2.4(a) and (b) shall include the type test of equipment of higher1.2.4(a) and (b) shall include the type test of equipment of higher capacity than the offered ones. capacity than the offered ones.

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Tender Spec. No. DVVNL-MM/1565-2015 Page No.6

1.2.31.2.3 Date of Consideration:Date of Consideration:The above cited experience and manufactured quantities shall be counted asThe above cited experience and manufactured quantities shall be counted as on the date of opening of the tender.on the date of opening of the tender.All statements and claims should be duly supported by authenticated copiesAll statements and claims should be duly supported by authenticated copies of documents, without which the tender is liable to be rejected summarily. of documents, without which the tender is liable to be rejected summarily.

1.31.3 Submission of Tender:Submission of Tender:1.3.11.3.1 The tenderer submission module of e-procurement websiteThe tenderer submission module of e-procurement website

http://etender.up.nic.inhttp://etender.up.nic.in enables the bidder to submit the e-tenders online enables the bidder to submit the e-tenders online against this tender. Tender may be submitted only during the period and timeagainst this tender. Tender may be submitted only during the period and time stipulated in the tender. Tenders are advised to start the tender submissionstipulated in the tender. Tenders are advised to start the tender submission process well in advance so that they can submit their tenders in time. Theprocess well in advance so that they can submit their tenders in time. The tenders shall their tenders taking into account the server time displayed intenders shall their tenders taking into account the server time displayed in the e-procurement website. This server time is the time by which the tenderthe e-procurement website. This server time is the time by which the tender submission activity will be submission activity will be

allowed till the permissible time on the last date of submission stipulatedallowed till the permissible time on the last date of submission stipulated period. For delay in submission of tenders due to any reasons, shall beperiod. For delay in submission of tenders due to any reasons, shall be responsibility of the tenders.responsibility of the tenders.

1.3.2 E- Tenders ( PART-I and PART-II) must be submitted by the tenders at e-1.3.2 E- Tenders ( PART-I and PART-II) must be submitted by the tenders at e-procurement websiteprocurement website http://etender.up.nic.inhttp://etender.up.nic.in not later than on not later than on specified/notified date of opening of tender. (Part-I bid documentsspecified/notified date of opening of tender. (Part-I bid documents alongwith original Tender Fee and Earnest Money shall be submittedalongwith original Tender Fee and Earnest Money shall be submitted physically by the bidders in the office of Superintending Engineer(MM)physically by the bidders in the office of Superintending Engineer(MM) up to 12.00 Hrs on opening date of Tender).up to 12.00 Hrs on opening date of Tender).

1 . 3 . 11 . 3 . 1 TENDERS MUST NOTE IT CAREFULLY THAT FORM OFTENDERS MUST NOTE IT CAREFULLY THAT FORM OF DECLARATIONS, MEMORANDUM, FORM OF EXPERIENCE & ALLDECLARATIONS, MEMORANDUM, FORM OF EXPERIENCE & ALL SCHEDULES & CHECK LIST ETC.OF TENDER DOCUMENT ARE TOSCHEDULES & CHECK LIST ETC.OF TENDER DOCUMENT ARE TO BE DOWNLOADED BY THE TENDERS. AFTER FILLING THEM ANDBE DOWNLOADED BY THE TENDERS. AFTER FILLING THEM AND SIGNING MANUALLY ALL THESE PAGES, THEY SHOULD BESIGNING MANUALLY ALL THESE PAGES, THEY SHOULD BE UPLOADED. RATES SHOULD BE QUOTED IN PART-II (SCHEDULE-UPLOADED. RATES SHOULD BE QUOTED IN PART-II (SCHEDULE-P1 & P2). IF ANY CHANGE IS MADE BY THE TENDERER IN THEP1 & P2). IF ANY CHANGE IS MADE BY THE TENDERER IN THE TEXT OF THESE PAGES, THE CHANGES WILL BE DEEMED ASTEXT OF THESE PAGES, THE CHANGES WILL BE DEEMED AS NULL & VOID. THE TENDER DOCUMENTS SHOULD BE DIGITALLYNULL & VOID. THE TENDER DOCUMENTS SHOULD BE DIGITALLY SIGNED AT THE TIME OF UPLOADING BY A PERSON OR PERSONSSIGNED AT THE TIME OF UPLOADING BY A PERSON OR PERSONS DULLY AUTHORISED. A SCANNED COPY OF POWER OFDULLY AUTHORISED. A SCANNED COPY OF POWER OF ATTORNEY SHALL ACCOMPANY THE TENDER.ATTORNEY SHALL ACCOMPANY THE TENDER.

1.3.4 In case the date of opening of tender is declared a Public Holiday, the1.3.4 In case the date of opening of tender is declared a Public Holiday, the tenders shall be opened on the next working day.tenders shall be opened on the next working day.

1.3.51.3.5 TENDER BID PART-I (EARNEST MONEY, VALIDITY, TECHNICAL,TENDER BID PART-I (EARNEST MONEY, VALIDITY, TECHNICAL, COMMERCIAL & OTHER TERMS)COMMERCIAL & OTHER TERMS)

1.3.5.11.3.5.1 Tenderer is required to deposit earnest money as specified in the tenderTenderer is required to deposit earnest money as specified in the tender notice for full tendered quantity. In case any tenderer wishes to quote tonotice for full tendered quantity. In case any tenderer wishes to quote to lesser quantity, the amount of earnest money may be reduced proportionately.lesser quantity, the amount of earnest money may be reduced proportionately. In case any tenderer deposits earnest money of a lesser amount, his offerIn case any tenderer deposits earnest money of a lesser amount, his offer shall be considered for the proportionate quantity only unless specifiedshall be considered for the proportionate quantity only unless specified otherwise in the special instructions. otherwise in the special instructions. There shall be no exemption from earnest money, even if the tenderer isThere shall be no exemption from earnest money, even if the tenderer is registered with DGS & D, Store Purchase Section of U.P. Small Scaleregistered with DGS & D, Store Purchase Section of U.P. Small Scale

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Tender Spec. No. DVVNL-MM/1565-2015 Page No.7

Industries etc. The earnest money shall be accepted in any of the followingIndustries etc. The earnest money shall be accepted in any of the following forms only. forms only.

( a )( a ) FDR or CDR drawn/pledged in favour of Executive Engineer,FDR or CDR drawn/pledged in favour of Executive Engineer, (Administration), DVVNL, Agra, payable at Agra.(Administration), DVVNL, Agra, payable at Agra.

OROR

( b )( b ) Bank Guarantee executed in favour of Superintending EngineerBank Guarantee executed in favour of Superintending Engineer (MM) in the from of a scheduled bank(MM) in the from of a scheduled bank in India executed on a non- in India executed on a non-judicial stamp paper of requisite value (at present Rs.100/-), as per U.P.judicial stamp paper of requisite value (at present Rs.100/-), as per U.P. Stamps Act, STRICTLY on the specified proforma appended with FormStamps Act, STRICTLY on the specified proforma appended with Form 'B' (only applicable when amount of earnest money exceeds Rs.'B' (only applicable when amount of earnest money exceeds Rs. 25,000/-), the validity of bank guarantee would not be less than 27025,000/-), the validity of bank guarantee would not be less than 270 days from the date tender opening plus claim period of 6 months. Anydays from the date tender opening plus claim period of 6 months. Any deviation or addition/deletion from the text of the specified proforma ofdeviation or addition/deletion from the text of the specified proforma of a Bank Guarantee/Inadequate value of stamp paper shall render the banka Bank Guarantee/Inadequate value of stamp paper shall render the bank guarantee invalid for the purpose of opening of tender Bid Part-II.guarantee invalid for the purpose of opening of tender Bid Part-II.The scanned copy of the Earnest Money Deposit in PDF format must beThe scanned copy of the Earnest Money Deposit in PDF format must be submitted alongwith the tenders and the original Earnest Money shouldsubmitted alongwith the tenders and the original Earnest Money should be put in a sealed envelope. This envelope should also contain originalbe put in a sealed envelope. This envelope should also contain original Bank draft for tender document cost of any nationalized/scheduled bankBank draft for tender document cost of any nationalized/scheduled bank in India in name of Executive Engineer( Administration), DVVNL, Agrain India in name of Executive Engineer( Administration), DVVNL, Agra as cost of tender document. This envelope should reach the office ofas cost of tender document. This envelope should reach the office of the superintending engineer (MM) DVVNL, Agra latest by specified/the superintending engineer (MM) DVVNL, Agra latest by specified/ notified dateof opening of tender failing which the tenders will not benotified dateof opening of tender failing which the tenders will not be opened.opened.

1 . 3 . 5 . 21 . 3 . 5 . 2 Offer without proper earnest money and/or a letter confirming the validityOffer without proper earnest money and/or a letter confirming the validity for 90 days shall not be considered under any circumstances. The earnestfor 90 days shall not be considered under any circumstances. The earnest money shall be refunded after award is finalised. The earnest money ofmoney shall be refunded after award is finalised. The earnest money of successful tenderers shall however be retained till such time they depositsuccessful tenderers shall however be retained till such time they deposit security. security.

1.3.5.31.3.5.3 Besides earnest money and validity of offer, this Bid shall also contain allBesides earnest money and validity of offer, this Bid shall also contain all Technical, Commercial and other terms and conditions. The followingTechnical, Commercial and other terms and conditions. The following documents duly filled in, must also accompany the Tender Bid Part-I.documents duly filled in, must also accompany the Tender Bid Part-I.

1.1. Schedule ASchedule A :: Tender formTender form

2.2. Schedule BSchedule B :: Documents regarding pre-qualification detailsDocuments regarding pre-qualification details of the tenderer.of the tenderer.

3.3. Schedule CSchedule C :: DeclarationDeclaration

4.4. Schedule DSchedule D :: Proforma for joint undertaking byProforma for joint undertaking by collaborator/associate and the tenderer.collaborator/associate and the tenderer.

5.5. Schedule ESchedule E :: General particulars.General particulars.

6.6. Schedule FSchedule F :: List of drawings/literature enclosed with theList of drawings/literature enclosed with the tender.tender.

7.7. Schedule GSchedule G :: Schedule of deviations from technicalSchedule of deviations from technical specification. specification.

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8.8. Schedule HSchedule H :: Schedule of deviations from Instructions toSchedule of deviations from Instructions to Tenderer.Tenderer.

9.9. Schedule ISchedule I :: Schedule of deviations from "GeneralSchedule of deviations from "General requirement of Specification."requirement of Specification."

10.10. Schedule JSchedule J :: Schedule of deviations from "GeneralSchedule of deviations from "General Conditions of Contract Form 'B'."Conditions of Contract Form 'B'."

11.11. Schedule KSchedule K :: Schedule of quoted guaranteed delivery.Schedule of quoted guaranteed delivery.

12.12. Schedule LSchedule L :: Schedule of Reasonability of Rates.Schedule of Reasonability of Rates.

13.13. Schedule MSchedule M :: Statement giving details of proprietorship/Statement giving details of proprietorship/ partnership of tendering firm.partnership of tendering firm.

14.14. Schedule NSchedule N :: Schedule of Financial Capability.Schedule of Financial Capability.

15.15. Schedule OSchedule O :: Summary of Schedules.Summary of Schedules.

1 6 .1 6 . Schedule PSchedule P 11 :: Schedule of quantities & prices for mainSchedule of quantities & prices for main equipment.equipment.

1 7 .1 7 . Schedule PSchedule P 22 :: Financial incidence of deviations from technicalFinancial incidence of deviations from technical specification.specification.

18.18. Complete technical details, specification and literature/Drawing ofComplete technical details, specification and literature/Drawing of equipment offered.equipment offered.

19.19. Income tax clearance.Income tax clearance.

Note: Note: No price to be indicated in any form in any of the above schedules forNo price to be indicated in any form in any of the above schedules for any item in Tender Bid Part-I whatsoever.any item in Tender Bid Part-I whatsoever.

1 . 3 . 61 . 3 . 6 TENDER BID PART-II (PRICES):TENDER BID PART-II (PRICES):The following documents duly filled in ( in XLS Format) must be submittedThe following documents duly filled in ( in XLS Format) must be submitted in Bid Part-II.in Bid Part-II.Schedule PSchedule P 11 :: Schedule of quantities & prices of mainSchedule of quantities & prices of main

equipment.equipment.Schedule PSchedule P 22 :: Financial incidence of Technical deviations, ifFinancial incidence of Technical deviations, if

any.any.1 . 41 . 4 MODE OF SUBMITTING OF E-TENDERS:MODE OF SUBMITTING OF E-TENDERS:

The tenderers shall follow the instructions mentioned herein under forThe tenderers shall follow the instructions mentioned herein under for submission of their e-tenders:submission of their e-tenders:

1.4.11.4.1 For participating in tenders through the e-tendering system, it is necessaryFor participating in tenders through the e-tendering system, it is necessary for the tenders to be the registered users of the e-procurements websitefor the tenders to be the registered users of the e-procurements website http://etender.up.nic.inhttp://etender.up.nic.in . . For this, the tenderers have to registerFor this, the tenderers have to register themselves with UP Electronics Corporation Ltd., 10, Ashok Marg,themselves with UP Electronics Corporation Ltd., 10, Ashok Marg, Lucknow-226001 so as to get Digital Signature Certificate, valid user IDLucknow-226001 so as to get Digital Signature Certificate, valid user ID and Password on e-procurement website and Password on e-procurement website http://etender.up.nic.inhttp://etender.up.nic.in ..

1.4.21.4.2 In addition to the normal registration, the tenderer has to register with theirIn addition to the normal registration, the tenderer has to register with their Digital Signature Certificate (DSC) in the e-tendering system andDigital Signature Certificate (DSC) in the e-tendering system and subsequently he/she will be allowed to carry out his/her bid submissionsubsequently he/she will be allowed to carry out his/her bid submission activities. Registering the Digital Signature Certificate (DSC) is a one-activities. Registering the Digital Signature Certificate (DSC) is a one-time activity. Before proceeding to register their DSC, the bidder shalltime activity. Before proceeding to register their DSC, the bidder shall first log on to the e-tendering system using the user Login option on thefirst log on to the e-tendering system using the user Login option on the

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home page with the logging ID and Password with which they have beenhome page with the logging ID and Password with which they have been registered as per clause 1.4.1 above. registered as per clause 1.4.1 above. For successful registration of DSC on e-procurement website For successful registration of DSC on e-procurement website http://etender.up.nic.inhttp://etender.up.nic.in the tenderers must ensure that they possess class- the tenderers must ensure that they possess class-2/Class-3 DSC issued by any one of the following certifying authorities2/Class-3 DSC issued by any one of the following certifying authorities duly approved by controller of Certifying Authorities, Government ofduly approved by controller of Certifying Authorities, Government of India, such as Maha Nagar Telephones Nigam Ltd. (MTNL),New Delhi andIndia, such as Maha Nagar Telephones Nigam Ltd. (MTNL),New Delhi and Tata Consultancy Services (TCS) Mumbai as the e-procurement websiteTata Consultancy Services (TCS) Mumbai as the e-procurement website http://etender.up.nic.inhttp://etender.up.nic.in is presently accepting DSC’s issued by these is presently accepting DSC’s issued by these authorities only. The tenderers are also advised to register their DSC on e-authorities only. The tenderers are also advised to register their DSC on e-procurement website well in advance before tender submission period &procurement website well in advance before tender submission period & time so that they not face any problem while submitting their e-tender. Thetime so that they not face any problem while submitting their e-tender. The purchaser shall not be held responsible if the tenderers try to submit theirpurchaser shall not be held responsible if the tenderers try to submit their e-tenders at last moment of submission of tender, but could not submit duee-tenders at last moment of submission of tender, but could not submit due to DSC registration problem. to DSC registration problem.

1.4.31.4.3 The tenderers can search for active tenders through “Search ActiveThe tenderers can search for active tenders through “Search Active Tenders” link, select this tender and then move it to ‘My Tenders’ FolderTenders” link, select this tender and then move it to ‘My Tenders’ Folder using the option available in the Bid submission menu. After selecting andusing the option available in the Bid submission menu. After selecting and viewing this tender from “My Tender” folder, the tenderer can place theirviewing this tender from “My Tender” folder, the tenderer can place their tender by clicking “Pay offline” option available at the end of the viewtender by clicking “Pay offline” option available at the end of the view tender form. Before this, the bidder should download the tender documentstender form. Before this, the bidder should download the tender documents including Schedule-P1 (Price Schedule) and study them carefully. Theincluding Schedule-P1 (Price Schedule) and study them carefully. The bidder shall keep all the document & required pages of Tender Documentbidder shall keep all the document & required pages of Tender Document ready as per the requirements of tender documents, in the PDF formatready as per the requirements of tender documents, in the PDF format except the price Schedule-P1 (Price Schedule), which shall be in the XLSexcept the price Schedule-P1 (Price Schedule), which shall be in the XLS format (excel sheet).format (excel sheet).

1.4.41.4.4 After clicking the ‘Pay offline’ option, the bidder shall be redirected to theAfter clicking the ‘Pay offline’ option, the bidder shall be redirected to the relevant page of terms and conditions. The bidder shall read the Terms andrelevant page of terms and conditions. The bidder shall read the Terms and conditions before proceeding to fill in the Tender fee & EMD offlineconditions before proceeding to fill in the Tender fee & EMD offline payment details. After entering and saving the tender Fee and EMD details,payment details. After entering and saving the tender Fee and EMD details, the bidder shall click “Encrypt & Upload” option given in the offlinethe bidder shall click “Encrypt & Upload” option given in the offline payments details form so that “Bid Documents Preparation andpayments details form so that “Bid Documents Preparation and submission” window appears to upload the documents as required in thesubmission” window appears to upload the documents as required in the tender document. The details of the Demand Draft or any other acceptedtender document. The details of the Demand Draft or any other accepted instruments which is to be physically sent in the original before opening ofinstruments which is to be physically sent in the original before opening of technical bids, should tally with the details available in the scanned copytechnical bids, should tally with the details available in the scanned copy and the data entered during tender submission time otherwise the tenderand the data entered during tender submission time otherwise the tender submitted shall not be accepted. submitted shall not be accepted.

1.4.51.4.5 Next the bidder should upload PART-1 of tender Documents for fee detailsNext the bidder should upload PART-1 of tender Documents for fee details (Tender fee and EMD) & other details & PART-II for Schedule-P1 (Price(Tender fee and EMD) & other details & PART-II for Schedule-P1 (Price Schedule) as required in tender documents. Before uploading, the bidderSchedule) as required in tender documents. Before uploading, the bidder has to select the relevant Digital signature Certificate. They may behas to select the relevant Digital signature Certificate. They may be prompted to enter the digital signature Certificate. They may be promptedprompted to enter the digital signature Certificate. They may be prompted to enter the digital signature Certificate password, if necessary. Forto enter the digital signature Certificate password, if necessary. For uploading, the bidder should click “Browse” button against eachuploading, the bidder should click “Browse” button against each documents label in Technical and Financial schedule/Packets and thendocuments label in Technical and Financial schedule/Packets and then upload the relevant PDF/XLS files already prepared and stored in theupload the relevant PDF/XLS files already prepared and stored in the bidder’s computed. bidder’s computed.

1.4.61.4.6 The Bidder shall click “Encrypt” next for successfully encrypting andThe Bidder shall click “Encrypt” next for successfully encrypting and uploading of required documents. During the above process, the biduploading of required documents. During the above process, the bid documents are encrypted/locked electronically with the DSC’s of the Biddocuments are encrypted/locked electronically with the DSC’s of the Bid openers to ensure that the bid documents are protected, stored and openedopeners to ensure that the bid documents are protected, stored and opened by concerned bid openers only.by concerned bid openers only.

1.4.71.4.7 After successful submission of bid documents, a page giving the summaryAfter successful submission of bid documents, a page giving the summary of bid submission will be displayed that process of e-bid submission isof bid submission will be displayed that process of e-bid submission is completed. The bidder can take a printout of the summary using the “print”completed. The bidder can take a printout of the summary using the “print”

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option available in the window as an acknowledgement for futureoption available in the window as an acknowledgement for future reference. reference.

1.4.81.4.8 Purchase reserves the right to cancel any or all bids without assigning anyPurchase reserves the right to cancel any or all bids without assigning any reason. reason.

1.4.91.4.9 The tenderers are The tenderers are strongly advisedstrongly advised to undergo training regarding to undergo training regarding submitting of e-tenders at UP Electronic corporation Ltd., 10, Ashoksubmitting of e-tenders at UP Electronic corporation Ltd., 10, Ashok Marg, Lucknow-01 at any working day, which is free of cost. TheMarg, Lucknow-01 at any working day, which is free of cost. The training given to them regarding submitting of e-tenders is to betraining given to them regarding submitting of e-tenders is to be followed strictly while submitting e-tenders. Notwithstanding thefollowed strictly while submitting e-tenders. Notwithstanding the contents of clause 3.1 to 3.7 the training given by UP Electroniccontents of clause 3.1 to 3.7 the training given by UP Electronic Corporation Ltd., regarding submitting of e-tenders will be final. Corporation Ltd., regarding submitting of e-tenders will be final.

1.51.5 procedure for opening and processing of Tenders:procedure for opening and processing of Tenders:1.5.11.5.1 E-tenders will be opened in the presence of representatives who may like toE-tenders will be opened in the presence of representatives who may like to

attend the opening on specified/notified date of opening of tender in theattend the opening on specified/notified date of opening of tender in the office of Superintending Engineer (MM) DVVNL, Agra. If the Earnestoffice of Superintending Engineer (MM) DVVNL, Agra. If the Earnest Money Deposit (original) & Cost of Tender Document in shape of BankMoney Deposit (original) & Cost of Tender Document in shape of Bank Draft (original) are found correct then Part- I will be opened.Draft (original) are found correct then Part- I will be opened.Part-I of E-tenders (“Earnest Money” Validity &Part-I of E-tenders (“Earnest Money” Validity & Technical/Commercial/pre-qualifying conditions of the offer) shall beTechnical/Commercial/pre-qualifying conditions of the offer) shall be publicly opened first on the due date as specified/ notified in the presencepublicly opened first on the due date as specified/ notified in the presence of representatives who may like to attend the opening. Part-I of the tendersof representatives who may like to attend the opening. Part-I of the tenders accompanied with the required earnest money and validity shall beaccompanied with the required earnest money and validity shall be scrutinized and processed in this office to ensure whether the same arescrutinized and processed in this office to ensure whether the same are confirming to the technical requirements of the specification. Queries asconfirming to the technical requirements of the specification. Queries as raised by the purchase on the technical matters as may be necessary shallraised by the purchase on the technical matters as may be necessary shall be referred to the tenderers to give them a chance to clarity only technicalbe referred to the tenderers to give them a chance to clarity only technical details furnished or any wanting information, in order to ensure whetherdetails furnished or any wanting information, in order to ensure whether the technical specification. Such queries when raised from this officethe technical specification. Such queries when raised from this office should be replied in duplicate within the time stipulated from the date ofshould be replied in duplicate within the time stipulated from the date of dispatch of such letters from this office failing which tenders shall bedispatch of such letters from this office failing which tenders shall be finalized on the basis of information as may be available. It shall be,finalized on the basis of information as may be available. It shall be, therefore, in the best interest of the tenderers to given complete andtherefore, in the best interest of the tenderers to given complete and comprehensive technical pariticulars/description and details of thecomprehensive technical pariticulars/description and details of the equipment offered by them conforming to the technical requirement.equipment offered by them conforming to the technical requirement. However, in case it becomes necessary for the Tenderer to make anyHowever, in case it becomes necessary for the Tenderer to make any additions or subtractions in their original price as listed in part-II of theadditions or subtractions in their original price as listed in part-II of the tender on account of technical clarifications on deviation etc. against thetender on account of technical clarifications on deviation etc. against the queries raised by the purchaser to bring the equipment in the line with thequeries raised by the purchaser to bring the equipment in the line with the requirement of the specification the tenderers may revise their prices on e-requirement of the specification the tenderers may revise their prices on e-tenders portal only.tenders portal only.

1.5.21.5.2 The tenderers can resubmit their tenders as and when required till the deadThe tenderers can resubmit their tenders as and when required till the dead line for submission of tenders. The tender submitted earlier will beline for submission of tenders. The tender submitted earlier will be replaced by the new one. The earnest money details submitted by thereplaced by the new one. The earnest money details submitted by the tenderer earlier will be used for the revised tender and the new bidtenderer earlier will be used for the revised tender and the new bid summary generated after the successful submission of the revised tendersummary generated after the successful submission of the revised tender will be considered for evaluation purpose. For resubmission, the tenderswill be considered for evaluation purpose. For resubmission, the tenders shall first log in using their Login ID and Password and subsequently theirshall first log in using their Login ID and Password and subsequently their Digital Signature Certificate on e-procurement websiteDigital Signature Certificate on e-procurement website http:etender.up.nic.in. http:etender.up.nic.in. The tenderer should then select “My Bids “MyThe tenderer should then select “My Bids “My Bids” option in the Bid Submission menu. The page listing the tenderBids” option in the Bid Submission menu. The page listing the tender submitted by the tenderer will be displayed. Click “View to see the detailssubmitted by the tenderer will be displayed. Click “View to see the details of the tender to be submitted. After selecting the “Bid Resubmission optionof the tender to be submitted. After selecting the “Bid Resubmission option click “Encrypt & Upload” to upload the revised tender documentsclick “Encrypt & Upload” to upload the revised tender documents

1.5.31.5.3 After scrutiny of technical and commercial terms and conditions, the dateAfter scrutiny of technical and commercial terms and conditions, the date of opening of the price (Part-II of the Tender) shall be intimated later onof opening of the price (Part-II of the Tender) shall be intimated later on any shall be Publicly opened on the specified/ notified date in the presenceany shall be Publicly opened on the specified/ notified date in the presence of representatives who may like to attend the opening.of representatives who may like to attend the opening.

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1.5.41.5.4 Any action on the part of the tenderers to revise the price/prices and/orAny action on the part of the tenderers to revise the price/prices and/or change the structure of price(s) at his own instance after the opening of thechange the structure of price(s) at his own instance after the opening of the tender may result in reiection of the tender and/or debarring the tendererstender may result in reiection of the tender and/or debarring the tenderers from participation in purchase by the DVVNL, Agra for one year in thefrom participation in purchase by the DVVNL, Agra for one year in the first instance.first instance.In such cases, earnest money submitted in part-I shall also be forfeited. In such cases, earnest money submitted in part-I shall also be forfeited.

1.5.51.5.5 Tenderer shall ensure to put initials on each and every page of the tenderTenderer shall ensure to put initials on each and every page of the tender Last page of each document forming part of the tender shall bear fullLast page of each document forming part of the tender shall bear full signature under official seal fully disclosing the name, designation andsignature under official seal fully disclosing the name, designation and relationship with the firm of the signatory. In case of partnership concern,relationship with the firm of the signatory. In case of partnership concern, the tender may be signed by all the partners of the firm or by one of themthe tender may be signed by all the partners of the firm or by one of them holding power of attorneys (copy to be furnished along with the offer). Inholding power of attorneys (copy to be furnished along with the offer). In case of corporate/company tender may be signed either by the president orcase of corporate/company tender may be signed either by the president or secretary or any other person authorized to sign the tender in the legalsecretary or any other person authorized to sign the tender in the legal name of corporation/company (copy of such authority to be furnishedname of corporation/company (copy of such authority to be furnished along with the offer).along with the offer).

Besiders this the tenderer shall ensure to furnish the following information.Besiders this the tenderer shall ensure to furnish the following information.

( i )( i ) Name, designation, profession with postal addresses of all theName, designation, profession with postal addresses of all the partners/directors and other persons authorized to conduct business inpartners/directors and other persons authorized to conduct business in respect of this tender.respect of this tender.

( i i )( i i ) Postal address of the firm’s work, Regd. and Head Offices, Sales OfficePostal address of the firm’s work, Regd. and Head Offices, Sales Office and Local Offices etc.and Local Offices etc.

( i i i )( i i i ) Names and postal address of their authorized local representative/liaisonNames and postal address of their authorized local representative/liaison officers.officers.

1.41.4 Validity:Validity:The tenders shall be valid for a period of 90 Calendar days from the date ofThe tenders shall be valid for a period of 90 Calendar days from the date of opening. Tenders with lesser validity are liable to be rejected.opening. Tenders with lesser validity are liable to be rejected.

1.51.5 Price & Price Structure:Price & Price Structure:The tenderers are required to quote firm or variable prices without ceilingThe tenderers are required to quote firm or variable prices without ceiling limit on either sides as per schedule-“limit on either sides as per schedule-“ PricesPrices”.”.

1.5.11.5.1 The equipment shall be installed at different places under area of DVVNL,The equipment shall be installed at different places under area of DVVNL, Agra. Hence the Tender must quote unit F.O.R. destination prices of all theAgra. Hence the Tender must quote unit F.O.R. destination prices of all the items (alongwith ex-work price) for despatch to any Railway Station comesitems (alongwith ex-work price) for despatch to any Railway Station comes under Dakshinanchal Vidyut Vitran Nigam Limited. The unit F.O.R.under Dakshinanchal Vidyut Vitran Nigam Limited. The unit F.O.R. destination price shall comprise of the following components. destination price shall comprise of the following components.

(a)(a) Ex-works price,Ex-works price,

( b )( b ) Packing, forwarding, freight and insurance charges against all riskPacking, forwarding, freight and insurance charges against all risk including Insurance charges for 30 days storage after receipt ofincluding Insurance charges for 30 days storage after receipt of equipment at destination stores/substation against all risks. Theequipment at destination stores/substation against all risks. The tenderers must clearly specify these components individually beside thetenderers must clearly specify these components individually beside the F.O.R., destination prices. F.O.R., destination prices.

1.5.21.5.2 Taxes and Duties:Taxes and Duties:

The prices quoted be exclusive of all taxes duties octroi charges etc. onThe prices quoted be exclusive of all taxes duties octroi charges etc. on finished products which will be paid at actuals on production of relevantfinished products which will be paid at actuals on production of relevant original vouchers. Excise duty will be leviable on ex-works prices only.original vouchers. Excise duty will be leviable on ex-works prices only. However, the Tenderer must indicate the rate of various taxes/dutiesHowever, the Tenderer must indicate the rate of various taxes/duties leviable as on the date of tender opening in Schedule Pleviable as on the date of tender opening in Schedule P 11 : Form C/D for : Form C/D for

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those having their establishment outsides U.P. and form III 'D' for thosethose having their establishment outsides U.P. and form III 'D' for those having their establishment in U.P. will be obtained by the contractor fromhaving their establishment in U.P. will be obtained by the contractor from the concerned consignee. In no case form C/D or form III'D' shall bethe concerned consignee. In no case form C/D or form III'D' shall be demanded through Bank. Whenever Central Excise/Sales Tax and otherdemanded through Bank. Whenever Central Excise/Sales Tax and other statutory levies are not applicable, or the bidder is exempted at the time ofstatutory levies are not applicable, or the bidder is exempted at the time of tendering from payment of such duties/ levies, he should clearly indicatetendering from payment of such duties/ levies, he should clearly indicate whether he would charge the same or not at the time of supply. In thewhether he would charge the same or not at the time of supply. In the event of applicability at the time of supply (where there is possibility ofevent of applicability at the time of supply (where there is possibility of changing) he should specify the maximum rates which may becomechanging) he should specify the maximum rates which may become applicable based on the present tax structure at the time of tendering. applicable based on the present tax structure at the time of tendering.

Where firm(s) has/have quoted ambiguous or contradictory terms or haveWhere firm(s) has/have quoted ambiguous or contradictory terms or have not categorically committed regarding changing of the amount of Excisenot categorically committed regarding changing of the amount of Excise duty at the time of supply, their offer shall be loaded by the maximum rateduty at the time of supply, their offer shall be loaded by the maximum rate of Excise duty applicable to tendered item among all bidders.of Excise duty applicable to tendered item among all bidders.

1.5.31.5.3 Price Variation:Price Variation:

1 . 5 . 3 . 11 . 5 . 3 . 1 The tenderers are required to quote variable prices only without ceilingThe tenderers are required to quote variable prices only without ceiling limit on either side as per IEEMA/JPC/MMTC/SAIL/HZL etc. or relevantlimit on either side as per IEEMA/JPC/MMTC/SAIL/HZL etc. or relevant formula and base indices as given in Annexure 'A' unless specifiedformula and base indices as given in Annexure 'A' unless specified otherwise under "Special Instructions to Tenderers", as the price variationotherwise under "Special Instructions to Tenderers", as the price variation admissible as per the latest relevant price variation formulas, applicable foradmissible as per the latest relevant price variation formulas, applicable for the equipment (of the tendered capacity and rating). The ruling date ofthe equipment (of the tendered capacity and rating). The ruling date of basic prices of raw materials, published in IEEMA/JPC/MMTC/SAIL/HZLbasic prices of raw materials, published in IEEMA/JPC/MMTC/SAIL/HZL etc. circulars as applicable shall be the date as on first working day of theetc. circulars as applicable shall be the date as on first working day of the calendar month, one/two months prior to the date of tendering as the casecalendar month, one/two months prior to the date of tendering as the case may be. The date of tendering shall be taken as the notified date of openingmay be. The date of tendering shall be taken as the notified date of opening of the tender. The tenderer shall furnish the photocopy of the relevantof the tender. The tenderer shall furnish the photocopy of the relevant IEEMA/JPC/ MMTC/SAIL/HZL etc. circular of basic rate of raw materialIEEMA/JPC/ MMTC/SAIL/HZL etc. circular of basic rate of raw material as applicable alongwith tender Bid Part-II. In case there is noas applicable alongwith tender Bid Part-II. In case there is no IEEMA/JPC/MMTC/SAIL/HZL etc. price variation clause for the saidIEEMA/JPC/MMTC/SAIL/HZL etc. price variation clause for the said equipment, the price variation formula as given under Special Instructionsequipment, the price variation formula as given under Special Instructions to tenderers shall be applicable. No price variation formula other thanto tenderers shall be applicable. No price variation formula other than given in annexure 'A' shall be accepted under any circumstances.given in annexure 'A' shall be accepted under any circumstances.

Wherever the tenderer has been asked to quote firm price but he quotesWherever the tenderer has been asked to quote firm price but he quotes variables prices, his offer shall not be considered.variables prices, his offer shall not be considered.The ruling date of basic prices of raw materials for the prices variationThe ruling date of basic prices of raw materials for the prices variation purposes shall be same for all the offers. In case it is prior to the notifiedpurposes shall be same for all the offers. In case it is prior to the notified date, he quoted ex-works price shall be brought at par per relevant formula.date, he quoted ex-works price shall be brought at par per relevant formula. However, no loading shall be considered for the dates mentioned beyondHowever, no loading shall be considered for the dates mentioned beyond the notified date. the notified date.

1 . 5 . 3 . 21 . 5 . 3 . 2 The price variation shall be allowed on ex-works prices only for theThe price variation shall be allowed on ex-works prices only for the contract delivery period.contract delivery period.

1 . 5 . 3 . 31 . 5 . 3 . 3 The component of packing and forwarding, freight and insurance chargesThe component of packing and forwarding, freight and insurance charges shall remain firm in all respects throughout the currency of the contract.shall remain firm in all respects throughout the currency of the contract.

1 . 5 . 3 . 41 . 5 . 3 . 4 Tenderers shall quote FIRM prices only for the spare parts, type test,Tenderers shall quote FIRM prices only for the spare parts, type test, service charges for erection and commissioning of equipment. service charges for erection and commissioning of equipment.

1 . 5 . 3 . 51 . 5 . 3 . 5 Quoted prices should be based after accounting for benefit available, if anyQuoted prices should be based after accounting for benefit available, if any to manufacture/supplier under MODVAT SCHEME.to manufacture/supplier under MODVAT SCHEME.

1 . 5 . 3 . 61 . 5 . 3 . 6 Bank charges if any, for documents to be negotiated through Bank, shall beBank charges if any, for documents to be negotiated through Bank, shall be borne by the Tenderer.borne by the Tenderer.

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1.61.6 Evaluation of Tender:Evaluation of Tender:In comparing tenders and in making awards, the purchaser may considerIn comparing tenders and in making awards, the purchaser may consider such factors as compliance with specifications, relative quality andsuch factors as compliance with specifications, relative quality and adaptability of suppliers or services, experience record of integrity inadaptability of suppliers or services, experience record of integrity in dealing ability to furnish repairs and maintenance services, the time ofdealing ability to furnish repairs and maintenance services, the time of delivery, capability to perform and available facilities such as adequatedelivery, capability to perform and available facilities such as adequate shops, plant equipment, technical organisation etc.shops, plant equipment, technical organisation etc.

1.6.21.6.2 In case prices of some items are given in lump sum where unit prices areIn case prices of some items are given in lump sum where unit prices are required, purchaser reserves the right to evaluate unit prices on the basis ofrequired, purchaser reserves the right to evaluate unit prices on the basis of the quoted lump sum prices. the quoted lump sum prices.

1.6.31.6.3 In case, where a tenderer does not quote F.O.R. destination price asked for,In case, where a tenderer does not quote F.O.R. destination price asked for, their, quoted unit prices shall be loaded by appropriate additional factorstheir, quoted unit prices shall be loaded by appropriate additional factors on ex-works prices as below :on ex-works prices as below :(a)(a) Packing chargesPacking charges @ 0.75%@ 0.75%(b)(b) Forwarding chargesForwarding charges @ 0.25%@ 0.25%( c)( c ) Freight for 1Freight for 1 s ts t 500 kms. 500 kms. @ 2 %@ 2 %(d)(d) Freight for every next 250 kms.Freight for every next 250 kms. @ 0.5 % or part thereof@ 0.5 % or part thereof(For this purpose, distance shall be taken from suppliers work to Agra and(For this purpose, distance shall be taken from suppliers work to Agra and in case the distance is less than 500 km. loading shall be done for ain case the distance is less than 500 km. loading shall be done for a minimum distance of 500 km.)minimum distance of 500 km.)(e)(e) Transit InsuranceTransit Insurance @ 0.5%@ 0.5%(f)(f) Insurance for 30 days storageInsurance for 30 days storage @ 0.5%@ 0.5%However, while placing order on such firms (who have not quoted variousHowever, while placing order on such firms (who have not quoted various element of freight, insurance etc.), the order shall be awarded to them byelement of freight, insurance etc.), the order shall be awarded to them by taking minimum of the charges as quoted by other tenderers.taking minimum of the charges as quoted by other tenderers.Where a tenderer quotes only F.O.R. destination prices without breakup asWhere a tenderer quotes only F.O.R. destination prices without breakup as per Schedule "Pper Schedule "P 11 ", the required ex-work prices shall be computed by", the required ex-work prices shall be computed by deducting the minimum of the packing, forwarding, freight and insurancededucting the minimum of the packing, forwarding, freight and insurance rates quoted by other tenderers. However, while placing the order on suchrates quoted by other tenderers. However, while placing the order on such firms, the maximum of the packing and forwarding, freight and insurancefirms, the maximum of the packing and forwarding, freight and insurance (combined) quoted by other tenderers in the tender shall be provided in the(combined) quoted by other tenderers in the tender shall be provided in the purchase order and the ex-works prices for order shall be worked out frompurchase order and the ex-works prices for order shall be worked out from quoted F.O.R. destination price. quoted F.O.R. destination price.

1.6.41.6.4 If any bidder quotes payment terms, which amount to advance and/or paymentIf any bidder quotes payment terms, which amount to advance and/or payment which is in deviation from payment terms given in Form 'B' and generalwhich is in deviation from payment terms given in Form 'B' and general requirement of specification of this Bid document, the Bid shall be loadedrequirement of specification of this Bid document, the Bid shall be loaded @ 20% interest per annum on the amount and for annexed with period of@ 20% interest per annum on the amount and for annexed with period of advance payment involved.advance payment involved.In the case of tenderer(s) demanding payment in excess of 90% against R/RIn the case of tenderer(s) demanding payment in excess of 90% against R/R through Bank, admission as per the tender specification, loading at the ratethrough Bank, admission as per the tender specification, loading at the rate of 20% (twenty percent) per annum on the amount demanded in excess ofof 20% (twenty percent) per annum on the amount demanded in excess of 90% for a period of one month shall be done irrespective of the fact that90% for a period of one month shall be done irrespective of the fact that the tenderer has offered to submit a Bank Guarantee and irrespective of thethe tenderer has offered to submit a Bank Guarantee and irrespective of the quantum of the Bank Guarantee.quantum of the Bank Guarantee.

1.6.51.6.5 Any rebate/discount Linked with quantity, terms of payment, any otherAny rebate/discount Linked with quantity, terms of payment, any other conditions shall not be considered for the purpose of evaluation andconditions shall not be considered for the purpose of evaluation and comparison of such offer vis-a-vis others; However, the same may becomparison of such offer vis-a-vis others; However, the same may be availed while placing orders with such successful Tenderers where slabavailed while placing orders with such successful Tenderers where slab rates are quoted each slab will be treated as separate offer.rates are quoted each slab will be treated as separate offer.

1.6.61.6.6 If the tenderer fails to quote for any of the item(s) component(s) as asked forIf the tenderer fails to quote for any of the item(s) component(s) as asked for or confirms its supply free of cost, the highest prices as quoted by otheror confirms its supply free of cost, the highest prices as quoted by other tenderer(s) for the same, shall be added to arrive at F.O.R. destinationtenderer(s) for the same, shall be added to arrive at F.O.R. destination computed prices of such tenderer for comparison purposes only. computed prices of such tenderer for comparison purposes only.

1.6.71.6.7 The price shall be compared inclusive of excise duty and Sales Tax/Trade TaxThe price shall be compared inclusive of excise duty and Sales Tax/Trade Tax and exclusive of Octroi.and exclusive of Octroi.

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1.6.81.6.8 Loading on any other account as may be deemed necessary in the opinion ofLoading on any other account as may be deemed necessary in the opinion of the purchaser to bring the various offers at par to each other for comparisonthe purchaser to bring the various offers at par to each other for comparison purposes, may be done at the discretion of the purchaser.purposes, may be done at the discretion of the purchaser.

1.71.7 Splitting of OrderSplitting of OrderThe purchaser reserves the right to split the order among various successfulThe purchaser reserves the right to split the order among various successful tenderers in any manner he chooses, without assigning any reasonstenderers in any manner he chooses, without assigning any reasons whatsoever.whatsoever.

1.81.8 Award of ContractAward of Contract1.8.11.8.1 The purchaser is not bound to accept the lowest or any tender and may rejectThe purchaser is not bound to accept the lowest or any tender and may reject

any or all the tenders, without assigning any reason. any or all the tenders, without assigning any reason. 1.8.21.8.2 The successful Tenderer, if required to do so, may have to enter into a contractThe successful Tenderer, if required to do so, may have to enter into a contract

agreement with the Purchaser as per General Conditions of form 'B' andagreement with the Purchaser as per General Conditions of form 'B' and other conditions attached with the tender specification. other conditions attached with the tender specification.

1 . 8 . 31 . 8 . 3 For signing the contract, a duly authorised representative of the successfulFor signing the contract, a duly authorised representative of the successful Tenderer shall be required to sign and accept the contract at Agra withinTenderer shall be required to sign and accept the contract at Agra within the time specified in the letter of intent, failing which it shall be consideredthe time specified in the letter of intent, failing which it shall be considered that he is not interested in accepting the offer and action as deemed fitthat he is not interested in accepting the offer and action as deemed fit shall be taken by purchaser without making any further correspondenceshall be taken by purchaser without making any further correspondence with successful tenderer. with successful tenderer.

1.91.9 Income Tax and Sales Tax Certificates:Income Tax and Sales Tax Certificates:The tenderer shall furnish with the Tender, Income tax and Sales tax/ TradeThe tenderer shall furnish with the Tender, Income tax and Sales tax/ Trade tax clearance certificate of current, as well as of the preceding year, formtax clearance certificate of current, as well as of the preceding year, form the competent authority. the competent authority. Alternatively the tenderer shall give valid reasons for his inability toAlternatively the tenderer shall give valid reasons for his inability to furnish such a certificate. The purchaser reserves the right to reject anyfurnish such a certificate. The purchaser reserves the right to reject any tender, if income tax/sales tax clearance certificates are not furnished ortender, if income tax/sales tax clearance certificates are not furnished or the reasons for the tenderer's inability to furnish such certificates, are notthe reasons for the tenderer's inability to furnish such certificates, are not given in the tender.given in the tender.

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1.101.10 Deviations:Deviations:The offer should be strictly in line with the conditions, specifications andThe offer should be strictly in line with the conditions, specifications and other requirements mentioned in this tender specification document. Noother requirements mentioned in this tender specification document. No deviations are permitted except under special circumstances. Should thedeviations are permitted except under special circumstances. Should the tenderers wish to depart from the general requirements of technicaltenderers wish to depart from the general requirements of technical specification. General conditions of contract form 'B' in any way, he mustspecification. General conditions of contract form 'B' in any way, he must draw specific attention to such departure (s). All such deviationsdraw specific attention to such departure (s). All such deviations specifically be filled up in relevant deviation schedule. If deviations arespecifically be filled up in relevant deviation schedule. If deviations are not specifically recorded in these schedules and submitted along with thenot specifically recorded in these schedules and submitted along with the tender documents, it will be presumed that there are no deviations and thistender documents, it will be presumed that there are no deviations and this interpretation will be binding upon the tenderer. Purchaser is, however,interpretation will be binding upon the tenderer. Purchaser is, however, not bound to accept all or any deviations as mentioned in such schedules.not bound to accept all or any deviations as mentioned in such schedules. Tenders are also advised not to enclose their own standard or printed termsTenders are also advised not to enclose their own standard or printed terms and conditions for sale etc. as the same shall not be considered.and conditions for sale etc. as the same shall not be considered.

1.111.11 Convassing:Convassing:No tenderer shall convass any Nigam's official or the engineer, with respectNo tenderer shall convass any Nigam's official or the engineer, with respect to his own or other tender. Contravention of this condition will result into his own or other tender. Contravention of this condition will result in rejection of the tender, this clause shall not be deemed to prevent therejection of the tender, this clause shall not be deemed to prevent the Tenderer, from supplying to the Engineer any further informationTenderer, from supplying to the Engineer any further information clarification asked for by the Engineer.clarification asked for by the Engineer.

1.121.12 Special Note:Special Note:It may very clearly be noted by all that no modification in price reductionIt may very clearly be noted by all that no modification in price reduction clause No. 27 of contract form 'B' shall be accepted i.e. broadly a priceclause No. 27 of contract form 'B' shall be accepted i.e. broadly a price reduction of reduction of 1/2%1/2% per week subject to a maximum of 10% shall be per week subject to a maximum of 10% shall be applicable. applicable.

1.131.13 Standards:Standards:1 . 1 3 . 11 . 1 3 . 1 Except as modified by this tender specification, all materials andExcept as modified by this tender specification, all materials and

equipment shall conform to the requirement of latest editions of relevantequipment shall conform to the requirement of latest editions of relevant ISS/IEC.ISS/IEC.

1 . 1 3 . 21 . 1 3 . 2 However, in the event of the tenderer offering equipment conforming toHowever, in the event of the tenderer offering equipment conforming to standards other than ISS/IEC standards, the salient point of comparisonstandards other than ISS/IEC standards, the salient point of comparison between the standards adopted and relevant ISS/IEC standards shall bebetween the standards adopted and relevant ISS/IEC standards shall be indicated clearly in the proposal.indicated clearly in the proposal.

1 . 1 3 . 31 . 1 3 . 3 Should the Tenderer wish to depart from the Provisions of theShould the Tenderer wish to depart from the Provisions of the Specifications, either on account of manufacturing practice or for any otherSpecifications, either on account of manufacturing practice or for any other reasons, he shall clearly mention the departure and submit completereasons, he shall clearly mention the departure and submit complete justification supported by information drawing etc. as will enable to thejustification supported by information drawing etc. as will enable to the suitability of equipment(s) offered.suitability of equipment(s) offered.

In the event of the tenderer's specification, drawing forms and tables etc.,In the event of the tenderer's specification, drawing forms and tables etc., being found to disagree with the requirement of this specifications at anybeing found to disagree with the requirement of this specifications at any stage, these specifications shall be binding unless the departure have beenstage, these specifications shall be binding unless the departure have been duly approved in writing by the Purchaser. duly approved in writing by the Purchaser.

1.141.14 Deviation from Specification:Deviation from Specification:This specification is mainly for the guidance of the Tenderer/This specification is mainly for the guidance of the Tenderer/ Manufacturers. These requirements of necessary include some specificManufacturers. These requirements of necessary include some specific elements of construction and materials but are not intended to precludeelements of construction and materials but are not intended to preclude ingenuity or design or improvement. ingenuity or design or improvement. If the Tenderer proposes any deviations from this specification, these willIf the Tenderer proposes any deviations from this specification, these will be considered provided, they are necessary to either improve the utility,be considered provided, they are necessary to either improve the utility, Performance and efficiency or to secure, overall economy. This will bePerformance and efficiency or to secure, overall economy. This will be clearly and explicitly explained in the tender. Such deviations shall also beclearly and explicitly explained in the tender. Such deviations shall also be brought out by clause in the prescribed schedule.brought out by clause in the prescribed schedule.

1.151.15 Variation in quantity of material/equipment:Variation in quantity of material/equipment:

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The requirement indicated in this specification can vary to the extent ofThe requirement indicated in this specification can vary to the extent of 50% on either side.50% on either side.

1.161.16 Delivery Schedule:Delivery Schedule:The delivery shall be quoted specifically and explicitly for each completeThe delivery shall be quoted specifically and explicitly for each complete item separately in Schedule 'K' and shall be guaranteed under priceitem separately in Schedule 'K' and shall be guaranteed under price reduction clause 27 of General conditions of Form 'B' annexed. reduction clause 27 of General conditions of Form 'B' annexed.

1.171.17 Erection Supervision:Erection Supervision:1 . 1 7 . 11 . 1 7 . 1 The tenderer shall quote for the services of an Erection Engineer who shallThe tenderer shall quote for the services of an Erection Engineer who shall

assume full Responsibility for the erection, testing and commissioning ofassume full Responsibility for the erection, testing and commissioning of the equipment offered. Skilled And unskilled labour and tools of Generalthe equipment offered. Skilled And unskilled labour and tools of General use would be provided by the Purchaser.use would be provided by the Purchaser.

1 . 1 7 . 21 . 1 7 . 2 The Tenderer shall submit a list of all special tools and instrumentsThe Tenderer shall submit a list of all special tools and instruments required for erection testing an commissioning and shall include the samerequired for erection testing an commissioning and shall include the same in the tender.in the tender.

1 . 1 7 . 31 . 1 7 . 3 The Tenderer shall indicate per item and per menses rates for the servicesThe Tenderer shall indicate per item and per menses rates for the services of the Erection, Engineer Tenderer shall also indicate the estimated timeof the Erection, Engineer Tenderer shall also indicate the estimated time for the erection, testing and commissioning to the equipment offered.for the erection, testing and commissioning to the equipment offered.

1.181.18 Drawings & Manuals:Drawings & Manuals:Along with tender, the Tenderer shall submit the following drawings:-Along with tender, the Tenderer shall submit the following drawings:-(a)(a) General arrangement drawings of the equipment offered.General arrangement drawings of the equipment offered.(b)(b) Detailed dimensional drawings and descriptive literature of all theDetailed dimensional drawings and descriptive literature of all the

components supplied.components supplied.(c)(c) Basic Electrical diagram.Basic Electrical diagram.

1.191.19 Spare Parts:Spare Parts:The Tender shall recommend a set of spare parts required for normalThe Tender shall recommend a set of spare parts required for normal maintenance of the equipment offered for a period of five years.maintenance of the equipment offered for a period of five years.

1.201.20 Foreign Exchange:Foreign Exchange:Tenderer offering equipment without involving any foreign exchange andTenderer offering equipment without involving any foreign exchange and commitment on the part of purchaser will be considered.commitment on the part of purchaser will be considered.

* * * * ** * * * *

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II. GENERAL REQUIREMENTS OF SPECIFICATIONII. GENERAL REQUIREMENTS OF SPECIFICATION

2.12.1 SCOPE:SCOPE:2 . 1 . 12 . 1 . 1 This specification covers design, manufacture, performance testingThis specification covers design, manufacture, performance testing

inspection, packing and delivery of equipments with accessories andinspection, packing and delivery of equipments with accessories and auxiliary equipment required for various destinations in U.P. The item andauxiliary equipment required for various destinations in U.P. The item and quantities required are as detailed in Technical Schedule P & Q.quantities required are as detailed in Technical Schedule P & Q.

2 . 1 . 22 . 1 . 2 The equipments shall be supplied complete with all fittings/ accessories,The equipments shall be supplied complete with all fittings/ accessories, apparatus and parts that are necessary of usual for their efficient operation.apparatus and parts that are necessary of usual for their efficient operation. Such parts shall be deemed to be within Contractor's scope whetherSuch parts shall be deemed to be within Contractor's scope whether specifically mentioned or not. Equipment in all respects shall incorporatespecifically mentioned or not. Equipment in all respects shall incorporate the highest quality of modern engineering design and workmanship.the highest quality of modern engineering design and workmanship.

2 . 1 . 32 . 1 . 3 The "General Conditions of Contract" Form 'B' copy of which are attachedThe "General Conditions of Contract" Form 'B' copy of which are attached hereto, form an integral part of this specification. The contractor shallhereto, form an integral part of this specification. The contractor shall supply all material and perform all work in strict accordance there with. Insupply all material and perform all work in strict accordance there with. In the event of conflict between the "General Conditions of Contract" Form 'B'the event of conflict between the "General Conditions of Contract" Form 'B' and General requirement of specification as given here, the latter shalland General requirement of specification as given here, the latter shall prevail.prevail.

2 . 1 . 42 . 1 . 4 The General requirement of specification comprise of this chapter andThe General requirement of specification comprise of this chapter and detailed technical specification. These are supplementary to each other anddetailed technical specification. These are supplementary to each other and are essential for complete interpretation of the Purchase's requirement. are essential for complete interpretation of the Purchase's requirement.

2.22.2 PROJECT DATA:PROJECT DATA:i.i. Location various sites under area of DVVNL.Location various sites under area of DVVNL.ii.ii. Altitude not exceeding 1000 meters.Altitude not exceeding 1000 meters.iii.iii. Climate conditions:Climate conditions:

a.a. Design maximum ambient air temperatureDesign maximum ambient air temperature 50 deg. C50 deg. Cb.b. Maximum daily average ambient temperatureMaximum daily average ambient temperature

in Shade in Shade 47.2 deg.C47.2 deg.C in Sun in Sun 65.5 deg.C65.5 deg.C

c.c. Minimum ambient air temperature in shadeMinimum ambient air temperature in shade (-) 5 deg.C(-) 5 deg.Cd.d. Relative humidityRelative humidity 100% max.100% max.

10% min.10% min.e.e. Wind loadWind load 195 kg/sqmm.195 kg/sqmm.f.f. Seismic levelSeismic level 0.33 g.0.33 g.g.g. Isokeraunic levelIsokeraunic level 5050h.h. Average annual rainfallAverage annual rainfall 1200 mm.1200 mm.i.i. Hot & humid tropical climate conductive to rush and fungs Hot & humid tropical climate conductive to rush and fungs growth. growth.

2.32.3 SYSTEM PARTICULARS:SYSTEM PARTICULARS:i.i. Rated system voltageRated system voltage 33KV. 11KV & 0.433 KV.33KV. 11KV & 0.433 KV.ii.ii. System frequencySystem frequency 50Hz this may vary by ±5%50Hz this may vary by ±5%iii.iii. Number of phasesNumber of phases ThreeThreeiv.iv. NeutralNeutral Effectively earthedEffectively earthedv.v. Auxiliary power supplyAuxiliary power supply

a. for lighting, fixtures spacea. for lighting, fixtures space 250V, 2 wire 50Hz. AC supply 250V, 2 wire 50Hz. AC supply heater & A.C. separated heater & A.C. separated with one point grounded.with one point grounded. coils coilsb. D.C. Alarm control and b. D.C. Alarm control and 24 Volts ungrounded DC sup from24 Volts ungrounded DC sup from

station vary as follows:station vary as follows:AC voltage will vary +10%AC voltage will vary +10% frequency by +5% and combinefrequency by +5% and combine voltage and frequency +10% DCvoltage and frequency +10% DC voltage, 24 volts to 2.5 volts.voltage, 24 volts to 2.5 volts.

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2.42.4 DRAWING AND MANUALS:DRAWING AND MANUALS:2 . 4 . 12 . 4 . 1 The contractor shall furnish four prints of each of the following to theThe contractor shall furnish four prints of each of the following to the

Engineer of the contract within four weeks of the date of order.Engineer of the contract within four weeks of the date of order.a. a. General arrangement drawing of the equipment offered.General arrangement drawing of the equipment offered.b. b. Detailed dimensional drawing and descriptive literature of all theDetailed dimensional drawing and descriptive literature of all the

component supplied.component supplied.c.c. Basic Electrical diagram.Basic Electrical diagram.In addition, the contractor shall also submit four prints to the EngineerIn addition, the contractor shall also submit four prints to the Engineer within 30 days of the date of the complete bill of material with each itemwithin 30 days of the date of the complete bill of material with each item unidentifiable in the detailed drawing with reference. This will also includeunidentifiable in the detailed drawing with reference. This will also include detailed packing list of the equipment.detailed packing list of the equipment.

2 . 4 . 22 . 4 . 2 The Engineer shall return to the Contractor one print of each drawing (a)The Engineer shall return to the Contractor one print of each drawing (a) stamped "Approved" or (b) marked up with comments.stamped "Approved" or (b) marked up with comments.In case of (a) no further resubmission of drawing is required for Engineer'sIn case of (a) no further resubmission of drawing is required for Engineer's approval. In case of (b), the Contractor shall correct his original drawing toapproval. In case of (b), the Contractor shall correct his original drawing to confirm to the comments made by the Engineer and resubmit in the sameconfirm to the comments made by the Engineer and resubmit in the same manner as stated above, within two weeks after the receipt of marked upmanner as stated above, within two weeks after the receipt of marked up print by him.print by him.

2 . 4 . 32 . 4 . 3 The Contractor on receipt of print stamped "Approved" shall furnish toThe Contractor on receipt of print stamped "Approved" shall furnish to Engineer of the contract, one direct reading reproducible of each drawingEngineer of the contract, one direct reading reproducible of each drawing and bill of material within two weeks of receipt of approved set.and bill of material within two weeks of receipt of approved set.

2.52.5 MANUALS:MANUALS:The contractor shall furnish three sets of bound copies of erectionThe contractor shall furnish three sets of bound copies of erection commissioning and operation, maintenance manual giving detailedcommissioning and operation, maintenance manual giving detailed instruction, procedures, and precautions for all the equipment supplied byinstruction, procedures, and precautions for all the equipment supplied by him to the Engineer. The manuals shall be specific to the equipment suppliedhim to the Engineer. The manuals shall be specific to the equipment supplied and not of general nature. One set of this manual shall also be packed withand not of general nature. One set of this manual shall also be packed with each set of equipment.each set of equipment.

2.62.6 RAW MATERIAL:RAW MATERIAL:The contractor shall be responsible for timely arrangement/ procurement ofThe contractor shall be responsible for timely arrangement/ procurement of all the raw materials required for the manufacture of all tendered items andall the raw materials required for the manufacture of all tendered items and shall furnish their test certificate to the purchaser. However depending on theshall furnish their test certificate to the purchaser. However depending on the policy of the Govt. of India, Purchaser may issue essentiality certificates forpolicy of the Govt. of India, Purchaser may issue essentiality certificates for arrangement of such raw materials through CEN, DOE, DGTD or other, whoarrangement of such raw materials through CEN, DOE, DGTD or other, who may allot the same of the Contractor at their discretion directly from any ofmay allot the same of the Contractor at their discretion directly from any of the producers of such raw material or other source but without any financialthe producers of such raw material or other source but without any financial liability to the affecting/linking the delivery of the equipment with theliability to the affecting/linking the delivery of the equipment with the availability of raw material against such certificate or recommendation.availability of raw material against such certificate or recommendation.

2.72.7 INSPECTION & TESTING:INSPECTION & TESTING:As per clause 14 of General Conditions of Contract Form 'B', the contractorAs per clause 14 of General Conditions of Contract Form 'B', the contractor shall give 15 days notice to the MD, DVVNL, Agra/ S.E. (Equator), DVVNL,shall give 15 days notice to the MD, DVVNL, Agra/ S.E. (Equator), DVVNL, Agra under intimation to Purchaser of every lot of material being ready dulyAgra under intimation to Purchaser of every lot of material being ready duly packed for dispatch alongwith routing test results of the material offered andpacked for dispatch alongwith routing test results of the material offered and details of dispatches made against last authorisation for dispatch in additiondetails of dispatches made against last authorisation for dispatch in addition to the test specified in the technical specification, the purchaser reserves theto the test specified in the technical specification, the purchaser reserves the right of carrying out at site such tests as he may decide upon. Suchright of carrying out at site such tests as he may decide upon. Such additional test will be carried out at the Purchaser's expenses.additional test will be carried out at the Purchaser's expenses.

The contractor shall also render necessary assistance to the InspectingThe contractor shall also render necessary assistance to the Inspecting Officer(s) in making random, sampling wherever considered necessary theOfficer(s) in making random, sampling wherever considered necessary the material shall be marked embossed or sealed by the inspection office aftermaterial shall be marked embossed or sealed by the inspection office after inspection has been carried out and the material approved for dispatch.inspection has been carried out and the material approved for dispatch.

The purchaser shall reserves the right to draw required number ofThe purchaser shall reserves the right to draw required number of samples of other Major items of raw materials. These samples shall,samples of other Major items of raw materials. These samples shall, however, be drawn and sealed in the presence of Contractor or his authorisedhowever, be drawn and sealed in the presence of Contractor or his authorised

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representative. The purchaser further reserves the right to get these samplesrepresentative. The purchaser further reserves the right to get these samples tested from any Government recognised Test House/ Laboratory ortested from any Government recognised Test House/ Laboratory or Government Test House/Laboratory.Government Test House/Laboratory.

The contractor shall record either of the following certificates on theThe contractor shall record either of the following certificates on the invoice/packing list (challan) as the case may be.invoice/packing list (challan) as the case may be.

Certified that the consignment (lot) of material supplied through thisCertified that the consignment (lot) of material supplied through this invoice/packing list (challan) has been inspected and tested byinvoice/packing list (challan) has been inspected and tested by representative(s) of MD, DVVNL, Agra/ S.E. (Equator), DVVNL, Agra andrepresentative(s) of MD, DVVNL, Agra/ S.E. (Equator), DVVNL, Agra and has been approved for dispatch. has been approved for dispatch.

ORORCertified that the inspection and treating of consignment (lot) ofCertified that the inspection and treating of consignment (lot) of

material supplied through this invoice/packing list (challan) has been waivedmaterial supplied through this invoice/packing list (challan) has been waived of by the Purchaser vide his letter No......... date .......of by the Purchaser vide his letter No......... date .......

It is further certified that materials have been tested and results haveIt is further certified that materials have been tested and results have been found to be within the values specified in the relevant ISS/Contract asbeen found to be within the values specified in the relevant ISS/Contract as per copies of Test Certificate enclosed.per copies of Test Certificate enclosed.

Not-with-standing the inspection carried out by the officer of DVVNL,Not-with-standing the inspection carried out by the officer of DVVNL, Agra in case of any short defective supply of material detected by theAgra in case of any short defective supply of material detected by the consignee, the contractor shall be liable to make good such shortage/rectifyconsignee, the contractor shall be liable to make good such shortage/rectify the defects. The consignment also be subject to joint inspection bythe defects. The consignment also be subject to joint inspection by Representative of the Contractor and the Purchaser in the Stores of DVVNLRepresentative of the Contractor and the Purchaser in the Stores of DVVNL in case of any dispute regarding quality and/or quantity of the materialin case of any dispute regarding quality and/or quantity of the material supplied. supplied.

In case, the material offered for inspection is not found ready when theIn case, the material offered for inspection is not found ready when the inspecting party reaches the works of contractor, the cost incurred by theinspecting party reaches the works of contractor, the cost incurred by the Board on this account will become payable by the contractor on demand byBoard on this account will become payable by the contractor on demand by Superintending Engineer (MM), DVVNL, Agra within 30 days.Superintending Engineer (MM), DVVNL, Agra within 30 days.

2.82.8 PRODUCTION SCHEDULE & PROGRESS REPORT:PRODUCTION SCHEDULE & PROGRESS REPORT:The contractor shall furnish detailed production schedule for all majorThe contractor shall furnish detailed production schedule for all major

components to be supplied. The schedule shall include dates of completioncomponents to be supplied. The schedule shall include dates of completion of :of :(a)(a) The Engineering workThe Engineering work(b)(b) Different phases of material procurement manufacturer & fabricationDifferent phases of material procurement manufacturer & fabrication(c)(c) DeliveryDelivery

A report on actual progress in percentage and date of completion ofA report on actual progress in percentage and date of completion of each of the above items shall be sent to the purchaser every mount, startingeach of the above items shall be sent to the purchaser every mount, starting two months from the date of letter of intent or date of purchase order.two months from the date of letter of intent or date of purchase order.

2.92.9 PACKING & DESPATCH OF EQUIPMENT:PACKING & DESPATCH OF EQUIPMENT:2 . 9 . 12 . 9 . 1 All equipment/material shall be suitably packed for transport carriage at siteAll equipment/material shall be suitably packed for transport carriage at site

and outdoor storage during transit. The contractor shall be responsible forand outdoor storage during transit. The contractor shall be responsible for any damage to the equipment during transit due to improper and inadequateany damage to the equipment during transit due to improper and inadequate packing. The case containing fragile or material easily prone to damage shallpacking. The case containing fragile or material easily prone to damage shall be very carefully packed and marked with appropriate caution symbols i.e.be very carefully packed and marked with appropriate caution symbols i.e. "FRAGILE", "HANDLE WITH CARE", USE NO HOOK etc. Packing of"FRAGILE", "HANDLE WITH CARE", USE NO HOOK etc. Packing of each package shall bear/packing list. Packing shall provide completeeach package shall bear/packing list. Packing shall provide complete protector from moisture. Termites and mechanical shock etc. Whereverprotector from moisture. Termites and mechanical shock etc. Wherever necessary, proper arrangements for attaching slings for listing shall benecessary, proper arrangements for attaching slings for listing shall be provided. All packages shall be clearly marked with gross weight, signprovided. All packages shall be clearly marked with gross weight, sign showing UP & DOWN" side of boxes, contents of each package, order no.showing UP & DOWN" side of boxes, contents of each package, order no. and date, name of plant/ equipment of which the material in package formsand date, name of plant/ equipment of which the material in package forms parts and any handling and up-packing instructions considered necessary.parts and any handling and up-packing instructions considered necessary. Any material found short inside the packing cases shall be supplied by theAny material found short inside the packing cases shall be supplied by the contractor without any cost. Contractor shall ascertain, prior to shipmentcontractor without any cost. Contractor shall ascertain, prior to shipment from concerned authorities, the transport limitations, like weight andfrom concerned authorities, the transport limitations, like weight and

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maximum allowable package size for transportation. All packing cases andmaximum allowable package size for transportation. All packing cases and packing material shall become the property of the PURCHASER.packing material shall become the property of the PURCHASER.

2 . 9 . 22 . 9 . 2 The equipment/ material shall be dispatched as per dispatch instructionThe equipment/ material shall be dispatched as per dispatch instruction issued by Superintending Engineer (MM), DVVNL, Agra. A telegraphicissued by Superintending Engineer (MM), DVVNL, Agra. A telegraphic intimation shall also be given to the consignee(s) immediately after theintimation shall also be given to the consignee(s) immediately after the dispatch of equipment mentioning the specification number, name ofdispatch of equipment mentioning the specification number, name of equipment, R/R No., date of dispatch, No. of packages, wagon number andequipment, R/R No., date of dispatch, No. of packages, wagon number and approximate weight of each package to enable him to take delivery & unloadapproximate weight of each package to enable him to take delivery & unload material in case dispatch documents are not received by him in time. material in case dispatch documents are not received by him in time.

2 . 9 . 32 . 9 . 3 Packing list containing details of equipment for verification at site shall alsoPacking list containing details of equipment for verification at site shall also be placed inside each package and shall correspond with the advice note andbe placed inside each package and shall correspond with the advice note and approved bill of material. One set of manual as required in 2.5.5 shall alsoapproved bill of material. One set of manual as required in 2.5.5 shall also be placed inside the package.be placed inside the package.

2 . 9 . 42 . 9 . 4 "Bill(s) dully pre-receipted in triplicate in accordance with approved terms"Bill(s) dully pre-receipted in triplicate in accordance with approved terms of payment and together will all necessary dispatch documents, shall be setof payment and together will all necessary dispatch documents, shall be set to consignee(s) under registered cover with additional copy of Engineer ofto consignee(s) under registered cover with additional copy of Engineer of the Contract as also to M.D., DVVNL, Agra. Supplier's code and item codethe Contract as also to M.D., DVVNL, Agra. Supplier's code and item code as prescribed shall be marked on every bill/invoice/challan.as prescribed shall be marked on every bill/invoice/challan.

2 . 9 . 52 . 9 . 5 Any demurrage and wharfage or other charges payable due to non-Any demurrage and wharfage or other charges payable due to non-implementation of any of the above instructions shall be to Contractor'simplementation of any of the above instructions shall be to Contractor's account.account.

2.102.10 REJECTION:REJECTION:2 . 1 0 . 12 . 1 0 . 1 Purchaser reserves the right to reject any equipment if during the tests atPurchaser reserves the right to reject any equipment if during the tests at

works or at site, the test values achieved, do not comply with the respectiveworks or at site, the test values achieved, do not comply with the respective standards, specifications and exceed the tolerable limits.standards, specifications and exceed the tolerable limits.

2 . 1 0 . 22 . 1 0 . 2 Contract shall replace rejected equipment with new equipment complyingContract shall replace rejected equipment with new equipment complying with the guaranteed values as promptly as possible and at no extra cost to thewith the guaranteed values as promptly as possible and at no extra cost to the Purchaser, Purchaser reserves the right to retain any rejected equipment andPurchaser, Purchaser reserves the right to retain any rejected equipment and take it into service until the contractor supplies the new equipment.take it into service until the contractor supplies the new equipment.

2 . 1 0 . 32 . 1 0 . 3 Rejection of any equipment will not held as a valid reason for delay in timelyRejection of any equipment will not held as a valid reason for delay in timely completion of the work. completion of the work.

2.112.11 DESPATCH INSTRUCTIONS:DESPATCH INSTRUCTIONS:2 . 1 1 . 12 . 1 1 . 1 Detailed dispatch instruction shall be issued by the Superintending EngineerDetailed dispatch instruction shall be issued by the Superintending Engineer

(MM), DVVNL, Agra for the quantities authorised for dispatch who however(MM), DVVNL, Agra for the quantities authorised for dispatch who however reserves the right to amend the dispatch instructions at any time before thereserves the right to amend the dispatch instructions at any time before the actual dispatch of the material. It may be noted that no material is to beactual dispatch of the material. It may be noted that no material is to be dispatched without satisfactory testing-inspection and clearance by thedispatched without satisfactory testing-inspection and clearance by the representative of M.D., DVVNL, Agra.representative of M.D., DVVNL, Agra.

2 . 1 1 . 22 . 1 1 . 2 Telegraphic intimation shall be sent to consignee immediately after theTelegraphic intimation shall be sent to consignee immediately after the goods are booked and following documents shall be sent by the contractor togoods are booked and following documents shall be sent by the contractor to the bankers and additional copy of each shall also be sent directly to thethe bankers and additional copy of each shall also be sent directly to the purchaser and to the Consignee by registered mail on the same day:purchaser and to the Consignee by registered mail on the same day:(a)(a) Evidence of dispatch i.e. Railway receipt.Evidence of dispatch i.e. Railway receipt.(b)(b) Packing list (3 copies)Packing list (3 copies)(c)(c) Invoice (3 copies)Invoice (3 copies)(d)(d) Test certificates (3 copies)Test certificates (3 copies)

2 . 1 1 . 32 . 1 1 . 3 In case of transport by Road, the controller shall deliver theIn case of transport by Road, the controller shall deliver the material/equipment to the consignee at the specific place of delivery with thematerial/equipment to the consignee at the specific place of delivery with the following documents and one additional copy of each sent directly to thefollowing documents and one additional copy of each sent directly to the Purchaser:Purchaser:(a)(a) Delivery Challan (2 copies)Delivery Challan (2 copies)(b)(b) Invoice (2 copies)Invoice (2 copies)(c)(c) Test certificate (2 copies)Test certificate (2 copies)

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2 . 1 1 . 42 . 1 1 . 4 A statement of dispatches shall be sent by the contractor on the first day ofA statement of dispatches shall be sent by the contractor on the first day of every month of dispatches made by him during preceding month in theevery month of dispatches made by him during preceding month in the following proforma :following proforma :

Dl.No. & DateDl.No. & Date Name of theName of the consigneeconsignee

Name ofName of materialmaterial

QuantityQuantity

AllottedAllotted DispatchedDispatched11 22 33 44 55

GR/R/R No. &GR/R/R No. & DateDate

Bill No. & DateBill No. & Date AmountAmount RemarksRemarks

66 77 88 99

2.122.12 INSURANCE:INSURANCE:2 . 1 2 . 12 . 1 2 . 1 The contractor shall arrange, secure & maintain insurance as may beThe contractor shall arrange, secure & maintain insurance as may be

necessary to protect his own interest and the interests of the Purchaser,necessary to protect his own interest and the interests of the Purchaser, against all risks that are to be covered under the insurance shall include, butagainst all risks that are to be covered under the insurance shall include, but not be limited to the loss or damage in transit, theft, pilferage/riot, civilnot be limited to the loss or damage in transit, theft, pilferage/riot, civil commotion, weather conditions, accidents of all kinds, fire, war risks duringcommotion, weather conditions, accidents of all kinds, fire, war risks during ocean transportation only etc.ocean transportation only etc.

2 . 1 2 . 22 . 1 2 . 2 Insurance is to be taken for the F.O.R. destination value of the equipment forInsurance is to be taken for the F.O.R. destination value of the equipment for transit from the manufacturer's warehouse to the Purchaser's warehouse plustransit from the manufacturer's warehouse to the Purchaser's warehouse plus 30 days storage thereafter.30 days storage thereafter.

2 . 1 2 . 32 . 1 2 . 3 All damages and shortage of the equipment after its delivery to destinationAll damages and shortage of the equipment after its delivery to destination railway station and transportation to stores and storage there shall be notifiedrailway station and transportation to stores and storage there shall be notified by the Consignee by registered post to contractor or his authorisedby the Consignee by registered post to contractor or his authorised representative, within 30 days for making goods the damage or loss by wayrepresentative, within 30 days for making goods the damage or loss by way of replacement or the equipment damage or lost.of replacement or the equipment damage or lost.

2 . 1 2 . 42 . 1 2 . 4 The contractor shall take up the matter with insuranceThe contractor shall take up the matter with insurance company forcompany for finalisation of claims, and Purchaser shall provide required information. Allfinalisation of claims, and Purchaser shall provide required information. All further action in connection with making and setting of claims, if any, willfurther action in connection with making and setting of claims, if any, will be carried out by the contractor for which no extra payment will be made.be carried out by the contractor for which no extra payment will be made.The contractor shall be responsible to make goods the damage or loss by wayThe contractor shall be responsible to make goods the damage or loss by way of repairs and/or replacement of equipment free of cost irrespective of theof repairs and/or replacement of equipment free of cost irrespective of the fact whether claims is accepted by the Insurance Company or not, withoutfact whether claims is accepted by the Insurance Company or not, without waiting for claims settlement.waiting for claims settlement.

2 . 1 2 . 52 . 1 2 . 5 The scope of such insurance shall cover the entire value of the contract fromThe scope of such insurance shall cover the entire value of the contract from time to time.time to time.

2.132.13 TERMS OF PAYMENT:TERMS OF PAYMENT:2 . 1 3 . 12 . 1 3 . 1 The terms of payment shall be as per Clause 21 of Form 'B'.The terms of payment shall be as per Clause 21 of Form 'B'.2 . 1 3 . 22 . 1 3 . 2 "For equipment to be dispatched by Road transport the payment will be made"For equipment to be dispatched by Road transport the payment will be made

after the receipt of goods at site". For equipment dispatched by the railafter the receipt of goods at site". For equipment dispatched by the rail contractor can claim 90% of the contracted value of the equipmentcontractor can claim 90% of the contracted value of the equipment (including price variation, if any) together with 100% of excise duty, sales(including price variation, if any) together with 100% of excise duty, sales tax against R/R through bank of consignee choice provided that ;tax against R/R through bank of consignee choice provided that ;(a)(a) The contractor submits a certificate alongwith invoice to the effect thatThe contractor submits a certificate alongwith invoice to the effect that

the material detailed in the said advice not has actually been dispatchedthe material detailed in the said advice not has actually been dispatched under the Railway receipt and the value of the material so dispatched isunder the Railway receipt and the value of the material so dispatched is not less than the amount entered in the invoice.not less than the amount entered in the invoice.

(b)(b) The bank commission shall be borne by the contractor.The bank commission shall be borne by the contractor.(c)(c) The contractor shall be responsible for timely intimation to the consigneeThe contractor shall be responsible for timely intimation to the consignee

about R/R etc. and in the event of his lapse, the demurrage/wharfageabout R/R etc. and in the event of his lapse, the demurrage/wharfage shall be the responsibility of contractor.shall be the responsibility of contractor.

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2.142.14 DELIVERY:DELIVERY:2 . 1 4 . 12 . 1 4 . 1 The commencement of delivery period shall be counted from the date ofThe commencement of delivery period shall be counted from the date of

issue of letter of intent or date of signing of detailed order, as the case mayissue of letter of intent or date of signing of detailed order, as the case may be. be.

2 . 1 4 . 22 . 1 4 . 2 Date of R/R shall be deemed to be the date of delivery of dispatch by rail,Date of R/R shall be deemed to be the date of delivery of dispatch by rail, the date of receipt of material in Purchaser's store shall be deemed to be thethe date of receipt of material in Purchaser's store shall be deemed to be the date of delivery for dispatch by road, in the case of supply of Steel Tubulardate of delivery for dispatch by road, in the case of supply of Steel Tubular Poles by M.D., DVVNL, Agra shall be deemed to be the date of deliveryPoles by M.D., DVVNL, Agra shall be deemed to be the date of delivery provided the payment of Excise duty for the poles authorised for dispatchprovided the payment of Excise duty for the poles authorised for dispatch shall be deposited by the supplier, within 15 days from the date of issue ofshall be deposited by the supplier, within 15 days from the date of issue of dispatch authorisation, failing which actual date of depositing of excise dutydispatch authorisation, failing which actual date of depositing of excise duty shall be treated as the date of delivery. shall be treated as the date of delivery.

2 . 1 4 . 32 . 1 4 . 3 The delivery should be affected in serviceable lots/sets of equipment. InThe delivery should be affected in serviceable lots/sets of equipment. In case of part dispatch the delivery shall be deemed to have been effectedcase of part dispatch the delivery shall be deemed to have been effected when last component part of the equipment of serviceable lot/set has beenwhen last component part of the equipment of serviceable lot/set has been delivered.delivered.

2.152.15 SECURITY:SECURITY:The contractor shall deposit security as required under Clause '3' of theThe contractor shall deposit security as required under Clause '3' of the "General Conditions of the Contract Form 'B' @ 1% (one percent) of the"General Conditions of the Contract Form 'B' @ 1% (one percent) of the F.O.R. destination price of material in the form of FDR/CDR or Govt.F.O.R. destination price of material in the form of FDR/CDR or Govt. interest bearing security duly pledged in favour of the Executive Engineer,interest bearing security duly pledged in favour of the Executive Engineer, (Administration), DVVNL, Agra or guarantee bond from a scheduled bank of(Administration), DVVNL, Agra or guarantee bond from a scheduled bank of India duly executed on non-judicial stamp paper of requisite value (atIndia duly executed on non-judicial stamp paper of requisite value (at present Rs. 100/-) in the enclosed proforma.present Rs. 100/-) in the enclosed proforma.

The above security shall be sent within 30 days of the award of contract.The above security shall be sent within 30 days of the award of contract. The validity of the security deposit in any of the above form shall be for aThe validity of the security deposit in any of the above form shall be for a period of 18 months from the date of receipt of last lot of material with aperiod of 18 months from the date of receipt of last lot of material with a claim period of six months thereafter. In case the supplies are delayedclaim period of six months thereafter. In case the supplies are delayed beyond the delivery schedule mentioned in the order, the contractor shallbeyond the delivery schedule mentioned in the order, the contractor shall extend the validity of the security deposit so as to cover a period of 18extend the validity of the security deposit so as to cover a period of 18 months from the day by which the anticipates to complete the supplies,months from the day by which the anticipates to complete the supplies, failing which the purchaser shall have the right to encash the Bank Guaranteefailing which the purchaser shall have the right to encash the Bank Guarantee without making any reference to him. This order is liable to be cancelled ifwithout making any reference to him. This order is liable to be cancelled if security is not deposited within the time specified and in that event earnestsecurity is not deposited within the time specified and in that event earnest money shall be forfeited. The contractor shall not commence the supply ofmoney shall be forfeited. The contractor shall not commence the supply of material till such time he deposits security as above and intimation regardingmaterial till such time he deposits security as above and intimation regarding receipt and correctness of the same is received by him in writing from thereceipt and correctness of the same is received by him in writing from the Engineer of Contract.Engineer of Contract.

The security will be released to the Contractor after expiry of theThe security will be released to the Contractor after expiry of the maintenance period and settlement of all the claims of the consignees againstmaintenance period and settlement of all the claims of the consignees against the contract. the contract.

2.162.16 TRAINING OF ENGINEERS:TRAINING OF ENGINEERS:2 . 1 6 . 12 . 1 6 . 1 The Purchaser may depute his engineer for a period as mutually agreed, atThe Purchaser may depute his engineer for a period as mutually agreed, at

the manufacturer's works for the purpose of familiarization with equipmentthe manufacturer's works for the purpose of familiarization with equipment and techniques covered under the specification, including training inand techniques covered under the specification, including training in commissioning, operation, maintenance and trouble shooting aspect etc. Thecommissioning, operation, maintenance and trouble shooting aspect etc. The contractor shall provide the necessary training facilities free of cost to thecontractor shall provide the necessary training facilities free of cost to the purchaser and also indicate/suggest training programme etc. In case, thispurchaser and also indicate/suggest training programme etc. In case, this training course is being run regularly by the manufacturer or his principles,training course is being run regularly by the manufacturer or his principles, this may be indicated in the tender along with details or training, duration,this may be indicated in the tender along with details or training, duration, scheduled date, course content etc. The traveling expenses from U.P. to theirscheduled date, course content etc. The traveling expenses from U.P. to their place of training and back, and maintenance of the deputed trainees shall beplace of training and back, and maintenance of the deputed trainees shall be borne by the purchaser.borne by the purchaser.

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2 . 1 6 . 22 . 1 6 . 2 The contractor shall depute his Senior Engineer/Specialists to the TrainingThe contractor shall depute his Senior Engineer/Specialists to the Training Institute/Staff Colleges of the purchaser for training familiarization courseInstitute/Staff Colleges of the purchaser for training familiarization course when requested by the purchaser.when requested by the purchaser.

2.172.17 JUDICIAL JURISDICTION:JUDICIAL JURISDICTION:All the disputes arising out of and touching or relating to subject matter ofAll the disputes arising out of and touching or relating to subject matter of agreement/contract shall be subject to jurisdiction of local courts of Agraagreement/contract shall be subject to jurisdiction of local courts of Agra and High Court of Judicature at Allahabad only. and High Court of Judicature at Allahabad only.

2.182.18 ARBITRATION CLAUSE 31 OF FORM 'B'ARBITRATION CLAUSE 31 OF FORM 'B'The following is deemed to be added at the end of the part-1 in theThe following is deemed to be added at the end of the part-1 in the Arbitration Clause 31 of Form B.Arbitration Clause 31 of Form B."In case of refusal/neglect by such nominee M.D., DVVNL, Agra may"In case of refusal/neglect by such nominee M.D., DVVNL, Agra may nominate person in his place."nominate person in his place."

******************************

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SCHEDULE 'A'SCHEDULE 'A'TENDER FORMTENDER FORM

Tender Specification No.: DVVNL- .............Tender Specification No.: DVVNL- .............From:From:

To:To:Superintending Engineer (MM)Superintending Engineer (MM)Dakshinanchal Vidyut Vitran Nigam Limited,Dakshinanchal Vidyut Vitran Nigam Limited,Urja Bhawan, 220 KV Sub-Station, Sikandra Urja Bhawan, 220 KV Sub-Station, Sikandra Agra (U.P.)Agra (U.P.)

Sir,Sir,With reference to your invitation to tender for the above I/We hereby offer toWith reference to your invitation to tender for the above I/We hereby offer to

the DVVNL the items in the schedule of prices and delivery annexed or such portionthe DVVNL the items in the schedule of prices and delivery annexed or such portion thereof as you determine in strict accordance with the annexed conditions of contractthereof as you determine in strict accordance with the annexed conditions of contract Form 'B' specifications and Schedules of Rates to the satisfaction of the purchaser orForm 'B' specifications and Schedules of Rates to the satisfaction of the purchaser or in default thereof to forfeit and pay to DVVNL the sum of money mentioned in thein default thereof to forfeit and pay to DVVNL the sum of money mentioned in the said conditions. said conditions.

The rates quoted are inclusive prorata and in full satisfaction of all claims.The rates quoted are inclusive prorata and in full satisfaction of all claims.I/We agree to abide this tender for the period of 90 days from the date of fixedI/We agree to abide this tender for the period of 90 days from the date of fixed

for opening of the same.for opening of the same.A sum of Rs. ………………………. A sum of Rs. ………………………. in the form of ……………in the form of ……………in favour of "Executive Engineer, (Administration), DVVNL, Agra (U.P.)" isin favour of "Executive Engineer, (Administration), DVVNL, Agra (U.P.)" is

enclosed with Part I of the offer as earnest money. enclosed with Part I of the offer as earnest money.

I/We hereby undertake and agree to execute a contract in accordance with theI/We hereby undertake and agree to execute a contract in accordance with the conditions of the contract. conditions of the contract.

Encls.: As above.Encls.: As above.Yours faithfully,Yours faithfully,

Date Day of 20Date Day of 20

WitnessWitness (Signature of the tenderer in full)(Signature of the tenderer in full)

(Name and Signature)(Name and Signature) NameName

AddressAddress SealSeal

OccupationOccupation

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Tender Spec. No. DVVNL-MM/1565-2015 Page No.25

SCHEDULE 'B'SCHEDULE 'B'

Tender Specification No.: DVVNL- ..............Tender Specification No.: DVVNL- .............. for supply of ................................... for supply of ...................................

(Name of equipment)(Name of equipment)

PRE-QUALIFICATION DETAILS OF THE TENDERPRE-QUALIFICATION DETAILS OF THE TENDER

1. Manufacturer (a) For manufacturer, registration with

Industries Deptt., permitting manufactureris to be enclosed.

2. Operational ExperienceThe following details are to be furnished ONLY inrespect of tendered item(s) for last five financial years.(a) Sl.No.(b) Complete postal address including

designation of the authority placing order(c) Order No. and date(d) Quantity ordered(e) Period of supply(f) Station where the equipment installed and

the period from which in actual service.(g) Period of trouble free service.

3.3. Manufacturing ExperienceManufacturing ExperienceThe following details are to be furnishedThe following details are to be furnishedONLY in respect of Tendered item(s)ONLY in respect of Tendered item(s)

Sl.No. Complete Postal Address Quantity Quantity manufacturedSl.No. Complete Postal Address Quantity Quantity manufactured including designation including designation ordered ordered during last five years during last five years1 2 3 41 2 3 4

2010-20112010-20112011-20122011-20122012-20132012-20132013-20142013-20142014-20152014-2015Upto date of Upto date of Tender openingTender opening

*In case the quantity manufactured is less than the qualifying figures, previous years may*In case the quantity manufactured is less than the qualifying figures, previous years may also be included.also be included.

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Tender Spec. No. DVVNL-MM/1565-2015 Page No.26

4. Testing Facilities:

S.S.N.N. Name of testsName of tests

Details ofDetails of testingtesting

equipmentequipment requiredrequired

Range uptoRange upto which testwhich test

can becan be performedperformed

Place ofPlace of testingtesting

11 22 33 44 5511 ROUTINEROUTINE

(a)(a)

(b)(b)

(c)(c)

22 ACCEPTANCEACCEPTANCE

(a)(a)

(b)(b)

(c)(c)

33 TYPETYPE

(a)(a)

(b)(b)

(c)(c)

Note: (i) Note: (i) In case facility of test not available at works, place where such testsIn case facility of test not available at works, place where such tests would be carried out, is specified.would be carried out, is specified.

(ii)(ii) The Tenderer is required to give the details of testing facilities availableThe Tenderer is required to give the details of testing facilities available in works. Against Column 2, he is to essentially mention the name ofin works. Against Column 2, he is to essentially mention the name of tests and correspondingly in Column 3 he is to specify the instrumentstests and correspondingly in Column 3 he is to specify the instruments which will be employed to perform that test.which will be employed to perform that test.

5.5. Type Testing of ProductsType Testing of ProductsIt is required that a xerox copy of complete type test report of the product isIt is required that a xerox copy of complete type test report of the product is enclosed with part-I of the tender documents, failing which it will be presumedenclosed with part-I of the tender documents, failing which it will be presumed that the product is not type tested.that the product is not type tested.

Note:Note: Type test should have been carried at only within five years from the date ofType test should have been carried at only within five years from the date of tender opening (part-I), from any of the laboratories/test houses mentioned intender opening (part-I), from any of the laboratories/test houses mentioned in technical specification.technical specification.

Company SealCompany Seal SignatureSignature

Name Name

DesignationDesignation

DateDate

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Tender Spec. No. DVVNL-MM/1565-2015 Page No.27

SCHEDULE 'C'SCHEDULE 'C'DECLARATIONDECLARATION

(To be executed on a non-judicial stamp paper of Rs. 100/-(To be executed on a non-judicial stamp paper of Rs. 100/-with a revenue stamp of Rs. 1/- affixed)with a revenue stamp of Rs. 1/- affixed)

Tender invited byTender invited by Superintending Engineer (MM)Superintending Engineer (MM)Dakshinanchal Vidyut Vitran Nigam Limited,Dakshinanchal Vidyut Vitran Nigam Limited,Urja Bhawan, 220 KV Sub-Station, Sikandra Urja Bhawan, 220 KV Sub-Station, Sikandra Agra (U.P.)Agra (U.P.)

Tender for ................................. ......................Tender for ................................. ......................Name of Tenderer .......................... .....................Name of Tenderer .......................... .....................Specification No. and date of opening ......................Specification No. and date of opening ......................

In consideration of the Dakshinanchal Vidyut Vitran Nigam Limited havingIn consideration of the Dakshinanchal Vidyut Vitran Nigam Limited having treated the Tender to be an eligible person whose tender may be considered thetreated the Tender to be an eligible person whose tender may be considered the Tenderer hereby agrees to the condition that the proposal in response to the aboveTenderer hereby agrees to the condition that the proposal in response to the above invitation shall not be withdrawn within 90 days (or any extension thereof) from theinvitation shall not be withdrawn within 90 days (or any extension thereof) from the date of opening of the tender, also to the condition that if hereafter the Tenderer doesdate of opening of the tender, also to the condition that if hereafter the Tenderer does withdrawn his proposal within the said period, the Earnest Money deposited by himwithdrawn his proposal within the said period, the Earnest Money deposited by him may be forfeited to the Dakshinanchal Vidyut Vitran Nigam Limited, Agra and at themay be forfeited to the Dakshinanchal Vidyut Vitran Nigam Limited, Agra and at the discretion of the Purchaser, the Purchaser may debar the Tenderer from tendering fordiscretion of the Purchaser, the Purchaser may debar the Tenderer from tendering for a minimum period of one year, reckoned from the date of opening of the tender.a minimum period of one year, reckoned from the date of opening of the tender.

Signed this day of Signed this day of

Place Place Signed bySigned by

State title (whetherState title (whetherProprietor/Partner)Proprietor/Partner)

WitnessWitness Name of the firmName of the firm

Address of the firmAddress of the firm

SignatureSignature Seal of the firmSeal of the firm

NameName

AddressAddress

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Tender Spec. No. DVVNL-MM/1565-2015 Page No.28

SCHEDULE 'D'SCHEDULE 'D'PROFORMA FOR JOINT UNDERTAKING BY THE COLLABORATION/PROFORMA FOR JOINT UNDERTAKING BY THE COLLABORATION/

ASSOCIATE AND THE TENDERERASSOCIATE AND THE TENDERER

(To be stamped in accordance with U.P. State Act)(To be stamped in accordance with U.P. State Act)To:To:

Superintending Engineer (MM)Superintending Engineer (MM)Dakshinanchal Vidyut Vitran Nigam Limited,Dakshinanchal Vidyut Vitran Nigam Limited,Urja Bhawan, 220 KV Sub-Station, Sikandra Urja Bhawan, 220 KV Sub-Station, Sikandra Agra (U.P.)Agra (U.P.)

Dear Sir,Dear Sir,(In terms of "Instructions to Tenderer" in the specification(In terms of "Instructions to Tenderer" in the specification

no. ......... ............................ for the design manufacture, testing, delivery, erectionno. ......... ............................ for the design manufacture, testing, delivery, erection and commissioning (as specified),and commissioning (as specified), of ...................................................... ................................................................of ...................................................... ................................................................ (Name of the equipment).(Name of the equipment).

It is a condition that the Tenderer as well as their collaborator/ associate shallIt is a condition that the Tenderer as well as their collaborator/ associate shall jointly and severally undertake the responsibility for the successful performance ofjointly and severally undertake the responsibility for the successful performance of the Contract (hereinafter referred to as Contract) which is qualified for the award onthe Contract (hereinafter referred to as Contract) which is qualified for the award on the basis of the expertise of collaborator/associate).the basis of the expertise of collaborator/associate).

We ..................................................... having our registered officeWe ..................................................... having our registered office at ..................... (hereinafter referred to as a Collaborator/Associate) which in turnat ..................... (hereinafter referred to as a Collaborator/Associate) which in turn shall include our successor, administration recuter and assign andshall include our successor, administration recuter and assign and we ............................ having our registered office at ............. (hereinafter called aswe ............................ having our registered office at ............. (hereinafter called as Tenderer or Contractor) are held jointly and severally liable and bound uptoTenderer or Contractor) are held jointly and severally liable and bound upto Dakshinanchal Vidyut Vitran Nigam Limited (hereinafter referred to as Purchaser)Dakshinanchal Vidyut Vitran Nigam Limited (hereinafter referred to as Purchaser) which expression shall include its successor, administrator and assigns, for thewhich expression shall include its successor, administrator and assigns, for the successful performance of the Contract, including the overall responsibility for thesuccessful performance of the Contract, including the overall responsibility for the design, manufacture, rating delivery performance etc. of .......................... (Name ofdesign, manufacture, rating delivery performance etc. of .......................... (Name of the equipment), in accordance with Contract.the equipment), in accordance with Contract.

The Collaborator/Associate hereby agree to depute their technical experts fromThe Collaborator/Associate hereby agree to depute their technical experts from time to time Contractor's works/project site as mutually agreed upon between thetime to time Contractor's works/project site as mutually agreed upon between the Purchaser and the Contractor in order to discharge the Contractor's obligations asPurchaser and the Contractor in order to discharge the Contractor's obligations as stipulated in contract. The Tenderer and the Collaborator/Associate hereby agreestipulated in contract. The Tenderer and the Collaborator/Associate hereby agree that this undertaking shall be irrevocable and it shall form an integral part of thethat this undertaking shall be irrevocable and it shall form an integral part of the Contract.Contract.

In witness thereof the Collaborator/Associate and the Tenderer have throughIn witness thereof the Collaborator/Associate and the Tenderer have through their authorised representative, set their hands and seal on this .......................... daytheir authorised representative, set their hands and seal on this .......................... day of ....................... 20.........of ....................... 20.........

WITNESS-IWITNESS-I COLLABORATOR/ASSOCIATECOLLABORATOR/ASSOCIATE

SignatureSignature

NameName

(Official Address (Official Address

DesignationDesignation

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Tender Spec. No. DVVNL-MM/1565-2015 Page No.29

SealSeal

WITNESS-IIWITNESS-II TENDERERTENDERER

SignatureSignature

NameName

(Official Address(Official Address

DesignationDesignation

SealSeal

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Tender Spec. No. DVVNL-MM/1565-2015 Page No.30

SCHEDULE 'E'SCHEDULE 'E'Tender Specification No.: DVVNL- .............Tender Specification No.: DVVNL- .............

SCHEDULE OF GENERAL PARTICULARSSCHEDULE OF GENERAL PARTICULARS

1.1. Name of the TendererName of the Tenderera.a. Registered Office AddressRegistered Office Addressb.b. Head Office AddressHead Office Addressc.c. Postal Address of TendererPostal Address of Tendererd.d. Telegraphic addressTelegraphic address

2. Name and address of manufacturer3. Works

a. Location with full postal addressb. Total space occupied in sq. meters

(approximate within 15%)c. Constructed area in sq. meters

(approximate within 5%)

4.4. Name and address of local representativeName and address of local representativeand his telephone number and his telephone number

5.5. Name and address of the officer of the Name and address of the officer of the Tenderer/manufacturer to whom all Tenderer/manufacturer to whom all reference shall be made for expenditurereference shall be made for expenditurecoordination.coordination.

6.6. Whether the Tenderer is sole proprietor/Whether the Tenderer is sole proprietor/partnership concern/private ltd. partnership concern/private ltd. company/ public undertakingcompany/ public undertaking

7.7. Name of foreign collaborator, if anyName of foreign collaborator, if any8.8. Whether the designs are their own or Whether the designs are their own or

obtained from other source. If fromobtained from other source. If fromother sources, the same may be other sources, the same may be indicated.indicated.

9.9. The name, designation, qualification andThe name, designation, qualification andexperience of engineers employed by theexperience of engineers employed by theTenderer in design, development and Tenderer in design, development and manufacturing the quoted equipment.manufacturing the quoted equipment.

10.10. Authorised capital of the company.Authorised capital of the company.

11.11. Total annual turnover of the firm duringTotal annual turnover of the firm duringlast five financial yearslast five financial years 2010-20112010-2011

2011-20122011-20122012-20132012-20132013-20142013-20142014-20152014-2015

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Tender Spec. No. DVVNL-MM/1565-2015 Page No.31

1 2 .1 2 . Actual production per year of the equipmentActual production per year of the equipment 2010-20112010-2011quoted during last five financial years givingquoted during last five financial years giving 2011-20122011-2012quantity and bill value rounded off to firstquantity and bill value rounded off to first 2012-20132012-2013decimal place in Rs. lacs excluding Centraldecimal place in Rs. lacs excluding Central 2013-20142013-2014Excise.Excise. 2014-20152014-2015

13.13. Manufacturing capacity per month of the Manufacturing capacity per month of the quoted equipment item wise.quoted equipment item wise.

14.14. State the name and designation of your State the name and designation of your relative(s) if any, working in U.P. Powerrelative(s) if any, working in U.P. PowerCorporation/DVVNL.Corporation/DVVNL.

15.15. 1% security deposit in terms of clause 3 of1% security deposit in terms of clause 3 ofForm 'B' is to be deposited within 30 daysForm 'B' is to be deposited within 30 daysof placement of order. Whether or not of placement of order. Whether or not willing to deposit. If no, state reasons.willing to deposit. If no, state reasons.

16.16. Whether certificate for satisfactory per-Whether certificate for satisfactory per- Enclosed/not enclosedEnclosed/not enclosedformance of offered equipment enclosed formance of offered equipment enclosed or not. If yes give the designation of the or not. If yes give the designation of the officer issuing certificate and the quantityofficer issuing certificate and the quantityto which if refers.to which if refers.

17.17. (a)(a) Whether quoted ex-work prices are Whether quoted ex-work prices are firm/variablefirm/variable

(b)(b) In case of variable price, have youIn case of variable price, have younoted –noted –(i) (i) That prices variables as per That prices variables as per Yes/NoYes/No

IEEMA/Specified formulaIEEMA/Specified formulaenclosed without any ceiling onenclosed without any ceiling oneither side.either side.

(ii)(ii) Have you mentioned base Have you mentioned base Yes/NoYes/Noprices indicating prevailing as prices indicating prevailing as on the first day of one monthon the first day of one monthbefore tender opening.before tender opening.

18.18. Whether ex-works prices quoted or notWhether ex-works prices quoted or not Yes/noYes/no

19.19. Whether packing, forwarding, freight andWhether packing, forwarding, freight and Yes/No Yes/No insurance cover (for transit plus 30 daysinsurance cover (for transit plus 30 daysstorage thereafter) has been quotedstorage thereafter) has been quotedbesides ex-works prices (All these chargesbesides ex-works prices (All these chargesare to be excluded).are to be excluded).

20.20. Whether the quoted prices are alsoWhether the quoted prices are also Yes/NoYes/Noapplicable for any reduced quantity applicable for any reduced quantity order.order.

21.21. Terms of payment as mentioned in Terms of payment as mentioned in Yes/NoYes/Norelevant clause are acceptable or not.relevant clause are acceptable or not.

22.22. Give Sales Tax Registration No.Give Sales Tax Registration No.(i) Central(i) Central(ii) State(ii) State

23.23. Income Tax clearance certificate of Income Tax clearance certificate of Yes/NoYes/Nocurrent and preceding year enclosedcurrent and preceding year enclosedor not.or not.

24.24. Whether the tenderer is agreeable toWhether the tenderer is agreeable tosupply the equipment in case of the supply the equipment in case of the deviations stipulated by him are notdeviations stipulated by him are notacceptable to the purchaser.acceptable to the purchaser.

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Tender Spec. No. DVVNL-MM/1565-2015 Page No.32

25.25. Give two references (Name, designationGive two references (Name, designationand complete postal address) who canand complete postal address) who cancertify tenderers financial status and certify tenderers financial status and capability to undertake such supply capability to undertake such supply orders. One of the references should be orders. One of the references should be of nay scheduled nationalized bank in of nay scheduled nationalized bank in India.India.

26.26. Have you submitted a sealed sample(s)Have you submitted a sealed sample(s)required in the specification (non- required in the specification (non- returnable) and delivered the same to returnable) and delivered the same to the office of M.D., Dakshinanchal Vidyut the office of M.D., Dakshinanchal Vidyut Vitran Nigam Limited, Agra (U.P.).Vitran Nigam Limited, Agra (U.P.).

27.27. Have you offered any discount.Have you offered any discount.

Seal of the CompanySeal of the Company Full SignatureFull Signature

Name Name

DesignationDesignation

DateDate

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Tender Spec. No. DVVNL-MM/1565-2015 Page No.33

SCHEDULE 'F'SCHEDULE 'F'Tender Specification No.: DVVNL- ...............Tender Specification No.: DVVNL- ...............

LIST OF DRAWINGS AND LITERATURE ENCLOSED WITH LIST OF DRAWINGS AND LITERATURE ENCLOSED WITH THE TENDERTHE TENDER

Sl. No. Sl. No. Drawing/literature No.Drawing/literature No. TitleTitle 1 1 2 2 3 3

Seal of the CompanySeal of the Company SignatureSignature

Name Name

DesignationDesignation

DateDate

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Tender Spec. No. DVVNL-MM/1565-2015 Page No.34

SCHEDULE 'G'SCHEDULE 'G'Tender Specification No.: DVVNL- ..............Tender Specification No.: DVVNL- ..............

DEVIATION FROM "TECHNICAL SPECIFICATION"DEVIATION FROM "TECHNICAL SPECIFICATION"

(All deviations from the "Technical Specification" shall be filled in clause(All deviations from the "Technical Specification" shall be filled in clause by clause in this schedule. Compliance with the specifications will be taken asby clause in this schedule. Compliance with the specifications will be taken as granted if the deviations are not specifically mentioned in this schedule. In casegranted if the deviations are not specifically mentioned in this schedule. In case there are no deviation(s) the "NIL" information should be furnished.) there are no deviation(s) the "NIL" information should be furnished.)

Sl. No. Sl. No. Page No.Page No. Clause No. and stipulation Clause No. and stipulation DeviationDeviationDVVNL's SpecificationDVVNL's Specification

1 1 2 2 3 3 4 4

The Tenderer hereby certified that the above mentioned are the onlyThe Tenderer hereby certified that the above mentioned are the only deviations from the "Technical Specification".deviations from the "Technical Specification".

Seal of the CompanySeal of the Company Full SignatureFull Signature

Name Name

DesignationDesignation

DateDate

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Tender Spec. No. DVVNL-MM/1565-2015 Page No.35

SCHEDULE 'H'SCHEDULE 'H'Tender Specification No.: DVVNL- ..............Tender Specification No.: DVVNL- ..............

DEVIATION FROM "INSTRUCTIONS TO TENDERERS"DEVIATION FROM "INSTRUCTIONS TO TENDERERS"

(All deviations from the "Instructions to Tenderer" shall be filled in clause(All deviations from the "Instructions to Tenderer" shall be filled in clause by clause in this schedule. Compliance with the specifications will be taken asby clause in this schedule. Compliance with the specifications will be taken as granted if the deviations are not specifically mentioned in this schedule. In casegranted if the deviations are not specifically mentioned in this schedule. In case there are no deviation(s) the "NIL" information should be furnished.) there are no deviation(s) the "NIL" information should be furnished.)

Sl. No. Sl. No. Page No.Page No. Clause No. and stipulation Clause No. and stipulation DeviationDeviationDVVNL's SpecificationDVVNL's Specification

1 1 2 2 3 3 4 4

The Tenderer hereby certified that the above mentioned are the onlyThe Tenderer hereby certified that the above mentioned are the only deviations from the "Technical Specification".deviations from the "Technical Specification".

Seal of the CompanySeal of the Company Full SignatureFull Signature

Name Name

DesignationDesignation

DateDate

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Tender Spec. No. DVVNL-MM/1565-2015 Page No.36

SCHEDULE 'I'SCHEDULE 'I'Tender Specification No.: DVVNL- ...............Tender Specification No.: DVVNL- ...............

DEVIATION FROM "GENERAL REQUIREMENTS OF SPECIFICATION"DEVIATION FROM "GENERAL REQUIREMENTS OF SPECIFICATION"

(All deviations from the "General Requirements of Specification" shall be(All deviations from the "General Requirements of Specification" shall be filled in clause by clause in this schedule. Compliance with the specifications willfilled in clause by clause in this schedule. Compliance with the specifications will be taken as granted if the deviations are not specifically mentioned in this schedule.be taken as granted if the deviations are not specifically mentioned in this schedule. In case there are no deviation(s) the "NIL" information should be furnished.)In case there are no deviation(s) the "NIL" information should be furnished.)

Sl. No. Sl. No. Page No.Page No. Clause No. and stipulation Clause No. and stipulation DeviationDeviationDVVNL's SpecificationDVVNL's Specification

1 1 2 2 3 3 4 4

The Tenderer hereby certified that the above mentioned are the onlyThe Tenderer hereby certified that the above mentioned are the only deviations from the "General Requirements of Specification".deviations from the "General Requirements of Specification".

Seal of the CompanySeal of the Company Full SignatureFull Signature

Name Name

DesignationDesignation

DateDate

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Tender Spec. No. DVVNL-MM/1565-2015 Page No.37

SCHEDULE 'J'SCHEDULE 'J'Tender Specification No.: DVVNL- ..............Tender Specification No.: DVVNL- ..............

"DEVIATION FROM "GENERAL CONDITION OF CONTRACT FORM-B""DEVIATION FROM "GENERAL CONDITION OF CONTRACT FORM-B"

(All deviations from the "General Conditions of Contract Form-B" shall be(All deviations from the "General Conditions of Contract Form-B" shall be filled in clause by clause in this schedule. Compliance with the specifications willfilled in clause by clause in this schedule. Compliance with the specifications will be taken as granted if the deviations are not specifically mentioned in this schedule.be taken as granted if the deviations are not specifically mentioned in this schedule. In case there are no deviation(s) the "NIL" information should be furnished.) In case there are no deviation(s) the "NIL" information should be furnished.)

Sl. No. Sl. No. Page No.Page No. Clause No. and stipulation Clause No. and stipulation DeviationDeviationDVVNL's SpecificationDVVNL's Specification

1 1 2 2 3 3 4 4

The Tenderer hereby certified that the above mentioned are the onlyThe Tenderer hereby certified that the above mentioned are the only deviations from the "General Conditions of Contract Form-B".deviations from the "General Conditions of Contract Form-B".

Seal of the CompanySeal of the Company Full SignatureFull Signature

Name Name

DesignationDesignation

DateDate

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Tender Spec. No. DVVNL-MM/1565-2015 Page No.38

SCHEDULE 'K'SCHEDULE 'K'Tender Specification No.: DVVNL- ...............Tender Specification No.: DVVNL- ...............

SCHEDULE OF QUOTED GUARANTEED DELIVERYSCHEDULE OF QUOTED GUARANTEED DELIVERY

(Guaranteed delivery period will be reckoned from the date of issue of letter(Guaranteed delivery period will be reckoned from the date of issue of letter of intend or date of signing of detailed order as the case may be)of intend or date of signing of detailed order as the case may be)

(For transport by rail, the of R/R and for transport by road, the date of receipt(For transport by rail, the of R/R and for transport by road, the date of receipt of material at Purchaser's warehouse shall be considered as the date of delivery)of material at Purchaser's warehouse shall be considered as the date of delivery)

Sl.No.Sl.No. ItemItem Offered Qty.Offered Qty. Delivery period (In monthsDelivery period (In months starting completion withstarting completion with

monthly rate)monthly rate)11 22 33 44

Seal of the CompanySeal of the Company Full SignatureFull Signature

Name Name

DesignationDesignation

DateDate

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Tender Spec. No. DVVNL-MM/1565-2015 Page No.39

SCHEDULE 'L'SCHEDULE 'L'Tender Specification No.: DVVNL- .................Tender Specification No.: DVVNL- .................

CERTIFICATE OF REASONABILITY OF RATESCERTIFICATE OF REASONABILITY OF RATES

From,From,

To, To, Superintending Engineer (MM)Superintending Engineer (MM)Dakshinanchal Vidyut Vitran Nigam Limited,Dakshinanchal Vidyut Vitran Nigam Limited,Urja Bhawan, 220 KV Sub-Station, Sikandra Urja Bhawan, 220 KV Sub-Station, Sikandra Agra (U.P.)Agra (U.P.)

Sir,Sir,

With reference to your invitation of tender I/We hereby certify that – With reference to your invitation of tender I/We hereby certify that –

1-1- Our quoted rates are lowest, for the item mentioned, in comparison of allOur quoted rates are lowest, for the item mentioned, in comparison of all

the rates quoted by us during last one year. the rates quoted by us during last one year.

OR/ANDOR/AND

2-2- Our quoted rates are -------% higher from our lowest rates during lastOur quoted rates are -------% higher from our lowest rates during last

one/three years the reasons of which are given in the enclosed annexure.one/three years the reasons of which are given in the enclosed annexure.

Yours faithfully,Yours faithfully,

Encls: As above.Encls: As above.

Date:Date: (Signature of tenderer in full)(Signature of tenderer in full)

Witness:Witness: Name & Signature)Name & Signature)

Address:Address: Name:Name:

Occupation:Occupation: Seal:Seal:

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Tender Spec. No. DVVNL-MM/1565-2015 Page No.40

SCHEDULE 'M'SCHEDULE 'M'

Tender Specification No.: DVVNL- ...............Tender Specification No.: DVVNL- ...............

STATEMENT GIVING DETAILS OF PROPRIETOR/PARTNER/BRSTATEMENT GIVING DETAILS OF PROPRIETOR/PARTNER/BRDIRECTOR/EXECUTIVE/PRESIDENT/SECRETARY OF DIRECTOR/EXECUTIVE/PRESIDENT/SECRETARY OF

TENDERING FIRMTENDERING FIRM

Tender invited by Tender invited by :: Superintending Engineer (MM), DVVNL, AgraSuperintending Engineer (MM), DVVNL, AgraSpecification No.Specification No. :: ........................................................................Tender for (item)Tender for (item) :: ........................................................................Due for opening onDue for opening on :: ........................................................................

Sl.Sl.No.No.

Full NameFull Name Desig-Desig-nationnation

Full AddressFull Address Tele-Tele-phone No.phone No.

FullFull SpecimenSpecimen signaturesignature

RelationshipRelationship with firm'swith firm's proprietorproprietor

PermanentPermanent home addresshome address

OfficialOfficial

11 22 33 44 55 66 77 88

I.I. FOR PERSONS SIGNING TENDERS:FOR PERSONS SIGNING TENDERS:

1.1.

2.2.

3.3.

II.II. PROPRIETOR:PROPRIETOR:

1.1.

2.2.

3.3.

III.III. PARTNERS:PARTNERS:

1.1.

2.2.

3.3.

11 22 33 44 55 66 77 88

IV.IV. DIRECTORS:DIRECTORS:

1.1.

2.2.

3.3.

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Tender Spec. No. DVVNL-MM/1565-2015 Page No.41

V.V. EXECUTIVES:EXECUTIVES:

1.1.

2.2.

3.3.

VI.VI. PRESIDENT/SECRETARY (AS THE CASE MAY BE):PRESIDENT/SECRETARY (AS THE CASE MAY BE):

1.1.

2.2.

NOTE: NOTE: In each case the person who has signed the tender documents must encloseIn each case the person who has signed the tender documents must enclose the attested photocopies of power of attorney for signing the tender (To bethe attested photocopies of power of attorney for signing the tender (To be marked as Schedule S)marked as Schedule S)

Full Signature of TendererFull Signature of Tenderer

Full Name of TendererFull Name of Tenderer

DesignationDesignation

AddressAddress

Firm's SealFirm's Seal

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SCHEDULE 'N'SCHEDULE 'N'Tender Specification No.: DVVNL- ..............Tender Specification No.: DVVNL- ..............

CERTIFICATE OF FINANCIAL CAPABILITYCERTIFICATE OF FINANCIAL CAPABILITY(To be provided by nationalized Bank/Bank of repute)(To be provided by nationalized Bank/Bank of repute)

From,From,

To, To, Superintending Engineer (MM)Superintending Engineer (MM)Dakshinanchal Vidyut Vitran Nigam Limited,Dakshinanchal Vidyut Vitran Nigam Limited,Urja Bhawan, 220 KV Sub-Station, Sikandra Urja Bhawan, 220 KV Sub-Station, Sikandra Agra (U.P.)Agra (U.P.)

Sir,Sir,

We hereby certify that the tendererWe hereby certify that the tenderer

M/s. .................................... ..................................................... has the financialM/s. .................................... ..................................................... has the financial

capability to execute the order up to the value of Rs. ............. Lacs during the periodcapability to execute the order up to the value of Rs. ............. Lacs during the period

of 3/6 months as per their bank account with us. of 3/6 months as per their bank account with us.

Yours faithfully,Yours faithfully,

Dated: .............Dated: .............

Signature ...................................Signature ...................................

Name .........................................Name .........................................

Designation ................................Designation ................................

Name of Bank .............................Name of Bank .............................

Branch .......................................Branch .......................................

City ............................................City ............................................

State ..........................................State ..........................................

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Tender Spec. No. DVVNL-MM/1565-2015 Page No.43

SCHEDULE 'O'SCHEDULE 'O'Tender Specification No.: DVVNL- ...........Tender Specification No.: DVVNL- ...........

SUMMARYSUMMARY

Sl.Sl. No.No. ParticularsParticulars ScheduleSchedule

11 22 33 4411 Earnest MoneyEarnest Money 'A''A'22 Validity on stamp paper or notValidity on stamp paper or not 'C''C'33 Name of ManufacturerName of Manufacturer 'B''B'44 Manufacturer/AccreditedManufacturer/Accredited

representative/Collaboratorrepresentative/Collaborator'B''B'

(a) Registration Certificate of(a) Registration Certificate of manufacturer enclosed or notmanufacturer enclosed or not(b) Schedule 'D' on stamp paper(b) Schedule 'D' on stamp paper enclosed or notenclosed or not

'D''D'

55 Operation Experience Operation Experience 'B''B'(a) Qty. ordered(a) Qty. ordered(b) Period of supply(b) Period of supply

66 Manufacturing Experience Manufacturing Experience 'B''B'(a) Qty. manufactured(a) Qty. manufactured(b) Period (b) Period

77 Details of Testing Facilities installedDetails of Testing Facilities installed 'B''B'(a) Routine Test(a) Routine Test(b) Acceptance Test(b) Acceptance Test(c) Type Test(c) Type Test(d) Place of Testing if Test Facility(d) Place of Testing if Test Facility

not installednot installed88 Type Test Certificate Type Test Certificate

submitted or notsubmitted or not'B''B'

99 Performance Experience Performance Experience 'E''E'(a) Qty. (a) Qty. (b) Period (b) Period

1010 GuaranteeGuarantee Form B/Form B/ Tech. Spec.Tech. Spec.

1111 Size of Manufacturing FacilitiesSize of Manufacturing Facilities 'E''E'(a) Total Space(a) Total Space(b) Constructed Area(b) Constructed Area

1212 Name of CollaboratorName of Collaborator(Indian/Foreign)(Indian/Foreign)

'E''E'

1313 Type of FirmType of Firm 'E''E'1414 Authorised Capital of the companyAuthorised Capital of the company 'E''E'1515 Total Turnover of the firm during lastTotal Turnover of the firm during last

five yearsfive years'E''E'

1616 Actual production of Tender itemActual production of Tender item during last five yearsduring last five years

'E''E'

1717 Manufacturing capacity per month ofManufacturing capacity per month of the quoted equipmentthe quoted equipment

'E''E'

1818 Whether agreed to deposit 1%Whether agreed to deposit 1% securitysecurity

'E''E'

1919 Whether price are firm or variable Whether price are firm or variable 'E''E'2020 Whether Ex-works prices quoted orWhether Ex-works prices quoted or

notnot'E''E'

2121 Whether Transit & Insurance chargesWhether Transit & Insurance charges quoted or notquoted or not

'E''E'

2222 Whether insurance provided or not Whether insurance provided or not 'E''E'2323 Whether price are applicable forWhether price are applicable for

reduced quantities or notreduced quantities or not'E''E'

2424 Our terms of payment acceptable orOur terms of payment acceptable or notnot

'E''E'

2525 Sales Tax RegistrationSales Tax Registration 'E''E'(a) UPST No. (a) UPST No. (b) CST No.(b) CST No.

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(c) STCC of year(c) STCC of year2626 ITCC (year)ITCC (year) 'E''E'2727 Agreed to supply or not if deviationAgreed to supply or not if deviation

are not acceptable to purchaser are not acceptable to purchaser 'E''E'

2828 (a) Sample submitted or not (a) Sample submitted or not 'E''E'(b) Sample acceptable or not (b) Sample acceptable or not

2929 Rebate/D is count Rebate/D is count 'E''E'3030 Drawing & Literature enclosed or notDrawing & Literature enclosed or not 'F''F'3131 Deviation from TechnicalDeviation from Technical

SpecificationSpecification'G''G'

3232 Deviation from instructions toDeviation from instructions to tenderertenderer

'H''H'

3333 Deviation from General RequirementDeviation from General Requirement of Spec.of Spec.

'I ''I '

3434 Deviation from General Conditions ofDeviation from General Conditions of Form 'B'Form 'B'

'J ''J '

3535 Whether quoted for full quantities Whether quoted for full quantities 'K''K'3636 Delivery Period Delivery Period 'K''K'3737 Name of Proprietor/ Partners/Name of Proprietor/ Partners/

Managing Director/ President/Managing Director/ President/ Secretary/ Chairman etc. Secretary/ Chairman etc.

'M''M'

3838 Name of authorised signatoryName of authorised signatory 'M''M'3939 Authorization letter from ownerAuthorization letter from owner

enclosed or notenclosed or not'M''M'

4040 Additional documents enclosedAdditional documents enclosed4141 Documentary evidence of financialDocumentary evidence of financial

capability provided or notcapability provided or not'N''N'

4242 Certificate of reasonability providedCertificate of reasonability provided or notor not

'L''L'

Seal of Company Seal of Company Signature .................................Signature .................................

Name .......................................Name .......................................

Designation ..............................Designation ..............................

Date ........................................Date ........................................

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SCHEDULE 'PSCHEDULE 'P11 ''Tender Specification No.: DVVNL- .............Tender Specification No.: DVVNL- .............

SCHEDULE OF PRICES SCHEDULE OF PRICES (to be submitted in Bid Part-II)

Sl.Sl.No.No.

ParticularsParticulars of itemof item

Qty.Qty.offeredoffered

Unit quoted pricesUnit quoted prices (in Rs.)(in Rs.) Total UnitTotal Unit

prices forprices for deliverydelivery F.O.R.F.O.R.

destinationdestination (Rs.)(Rs.)

(Excluding(Excluding Taxes &Taxes &

E.D.)E.D.)

Are the ex-Are the ex-works pricesworks prices

variablevariable with outwith out

ceil ing limitceil ing limit

Ruling dateRuling date of basicof basic

priceprice IEEMA/IEEMA/ MMTCMMTC SAILSAIL

/CACMAI/CACMAI

Taxes and DutiesTaxes and Duties chargeable duringchargeable during

currency of the contractcurrency of the contract

Ex-worksEx-works

Packing,Packing, forwardingforwarding & transit-& transit-

cum 30 dayscum 30 days storagestorage

insuranceinsurance chargescharges

ExciseExcise DutyDuty (%)(%)

SalesSales Tax (%)Tax (%)

Any otherAny other tax (%)tax (%)

11 22 33 44 55 66 77 88 99 1010 1111

1.1. PRICES TO BE QUOTED ONLINE ON E-TENDER PORTAL ONLY.PRICES TO BE QUOTED ONLINE ON E-TENDER PORTAL ONLY.

Note: Taxes & Duties must be mentioned clearly and specifically.Note: Taxes & Duties must be mentioned clearly and specifically.

Seal of the CompanySeal of the Company Full SignatureFull Signature

Name Name

DesignationDesignation

DateDate

Note: If tenderer are asked to quote variable prices (As per ‘Price’ schedule) thenNote: If tenderer are asked to quote variable prices (As per ‘Price’ schedule) then only ex-works prices shall be variable in both plus and minus as per formulaonly ex-works prices shall be variable in both plus and minus as per formula given in the specification. The component of packing, forwarding, freight,given in the specification. The component of packing, forwarding, freight, transit plus 30 days storage cover shall be "firm" in all respect during currencytransit plus 30 days storage cover shall be "firm" in all respect during currency of contract.of contract.

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SCHEDULE 'PSCHEDULE 'P22 ''

Tender Specification No.: DVVNL- .............Tender Specification No.: DVVNL- .............

FINANCIAL INCIDENCE OF DEVIATIONS FROM TECHNICALFINANCIAL INCIDENCE OF DEVIATIONS FROM TECHNICAL SPECIFICATIONSPECIFICATION

In case the tenderer is not agreed to the standard clause then theIn case the tenderer is not agreed to the standard clause then the specification then they may indicate the amount by which the tender price willspecification then they may indicate the amount by which the tender price will thereby be increased or decreased.thereby be increased or decreased.

Sl.No.Sl.No. Page No.Page No. Clause No. & StipulationClause No. & Stipulation of DVVNL's Specn.of DVVNL's Specn.

DeviationDeviation PricePrice incidenceincidence

(increased/(increased/ decreased)decreased)

Seal of the CompanySeal of the Company Full SignatureFull Signature

Name Name

DesignationDesignation

DateDate

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FORM 'B' FORM 'B'General Conditions for the supply of Plant and Machinery for Works pertainingGeneral Conditions for the supply of Plant and Machinery for Works pertaining

to the Dakshinanchal Vidyut Vitran Nigam Limited, Agrato the Dakshinanchal Vidyut Vitran Nigam Limited, Agra

1. 1. In construction these General Conditions and the annexedIn construction these General Conditions and the annexed specification the following words shall have the meanings hereinspecification the following words shall have the meanings herein assigned to them unless there is anything in the subject or contextassigned to them unless there is anything in the subject or context inconsistent with such construction:inconsistent with such construction:

The "Purchaser shall mean the Dakshinanchal Vidyut VitranThe "Purchaser shall mean the Dakshinanchal Vidyut Vitran Nigam Limited and shall include his successors and assigns.Nigam Limited and shall include his successors and assigns.

The "Contractor" shall mean the Tenderer whose tender shall beThe "Contractor" shall mean the Tenderer whose tender shall be accepted by the purchaser and shall include such Tenderer's heirs, legalaccepted by the purchaser and shall include such Tenderer's heirs, legal representatives, successors and assigns.representatives, successors and assigns.

The "Sub-contractor" shall mean the person named in theThe "Sub-contractor" shall mean the person named in the contract for any part of the work or any person to whom any part of thecontract for any part of the work or any person to whom any part of the Contract has been sublet with the consent in writing of the Engineer andContract has been sublet with the consent in writing of the Engineer and the heirs, legal representative, successors and assigns of such person. the heirs, legal representative, successors and assigns of such person.

The "Engineer" shall mean the officer placing the order for workThe "Engineer" shall mean the officer placing the order for work with the contractor and such other officers as may be duly authorisedwith the contractor and such other officers as may be duly authorised and appointed in writing by the Purchaser to act as Engineer for theand appointed in writing by the Purchaser to act as Engineer for the purposes of the contract and in case where no such officer has been sopurposes of the contract and in case where no such officer has been so appointed, the Purchaser or his duly authorised representative.appointed, the Purchaser or his duly authorised representative.

"Plant" shall mean the plant and materials to be provided by the"Plant" shall mean the plant and materials to be provided by the Contractor under the contract.Contractor under the contract.

The "Contract" shall mean and include the General Conditions,The "Contract" shall mean and include the General Conditions, Specifications, Schedules, Drawings. Form of Tender, Covering letter,Specifications, Schedules, Drawings. Form of Tender, Covering letter, Schedule of prices or the final General conditions, specifications andSchedule of prices or the final General conditions, specifications and Drawings and the Agreement to be entered into under Clause 3 of theseDrawings and the Agreement to be entered into under Clause 3 of these "General conditions"."General conditions".

The "Specification" shall mean the Specification annexed toThe "Specification" shall mean the Specification annexed to these "General conditions" and the schedule thereto (if any).these "General conditions" and the schedule thereto (if any).

The "Site" shall mean the site of the proposed work as detailedThe "Site" shall mean the site of the proposed work as detailed in the Specification or any other place in Uttar Pradesh where work isin the Specification or any other place in Uttar Pradesh where work is to be executed under Contract.to be executed under Contract.

"Month" shall mean calender month."Month" shall mean calender month."Writing" include any 'manuscript' typewritten or printed"Writing" include any 'manuscript' typewritten or printed

statement under or over signature or seal, as the case may be. statement under or over signature or seal, as the case may be. Words importing person shall include Firms, Companies,Words importing person shall include Firms, Companies,

Corporations and other bodies whether incorporated or not. Corporations and other bodies whether incorporated or not. Words importing the singular any shall also include the pluralWords importing the singular any shall also include the plural

and vice versa the context requires.and vice versa the context requires.

Definition of Definition of terms.terms.

2.2. The contractor shall be deemed to have carefully examined theThe contractor shall be deemed to have carefully examined the General Conditions, Specifications, Schedules and Drawings. If heGeneral Conditions, Specifications, Schedules and Drawings. If he shall have may doubt as to the meaning of any portion of these Generalshall have may doubt as to the meaning of any portion of these General Conditions or of the Specifications he shall before signing the Contract,Conditions or of the Specifications he shall before signing the Contract, set forth the particulars thereof and submit them to the Engineer, inset forth the particulars thereof and submit them to the Engineer, in order that such doubt may be removed.order that such doubt may be removed.

Contractor to Contractor to inform inform himself fullyhimself fully

3.3. A formal agreement shall, if required by the Purchaser, beA formal agreement shall, if required by the Purchaser, be entered into between the Purchaser and the Contractor for the properentered into between the Purchaser and the Contractor for the proper fulfillment of the Contract. Further if, required by the Purchaser, thefulfillment of the Contract. Further if, required by the Purchaser, the Contractor shall deposit with the Purchaser as a security for the due andContractor shall deposit with the Purchaser as a security for the due and faithful performance of the contract such sum not being less than onefaithful performance of the contract such sum not being less than one percent of the total value of the Contract as may be fixed by thepercent of the total value of the Contract as may be fixed by the Purchaser either in cash or any other form approved by the Purchaser.Purchaser either in cash or any other form approved by the Purchaser. The security deposit shall be refunded to the Contract on the deliveryThe security deposit shall be refunded to the Contract on the delivery and check of the plant at the site of the work. and check of the plant at the site of the work.

The charges in respect of vetting and execution of the contractThe charges in respect of vetting and execution of the contract

ContractContractSecuritySecurity

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document shall be borne by the Contractor. The contractor shall bedocument shall be borne by the Contractor. The contractor shall be furnished with an executed stamped counter part of the agreement. furnished with an executed stamped counter part of the agreement.

After the tender has been accepted by the Purchaser all orders orAfter the tender has been accepted by the Purchaser all orders or instructions to the Contractor shall, except as herein otherwise providedinstructions to the Contractor shall, except as herein otherwise provided be given by the Engineer on behalf of the purchaser.be given by the Engineer on behalf of the purchaser.4.4. The Contractor shall submit, in duplicate, to the Engineer for hisThe Contractor shall submit, in duplicate, to the Engineer for his approval drawing of the General Arrangement of the plant to beapproval drawing of the General Arrangement of the plant to be provided and such detailed drawing, other than shop drawings, as mayprovided and such detailed drawing, other than shop drawings, as may be reasonably necessary.be reasonably necessary.

Within fourteen days of the receipt of such drawings theWithin fourteen days of the receipt of such drawings the Engineer shall signify his approval or otherwise of the same, and in theEngineer shall signify his approval or otherwise of the same, and in the event of disapproving the drawings, the Contractor shall submit furtherevent of disapproving the drawings, the Contractor shall submit further drawing for approval.drawing for approval.

Within a reasonable period of the notification by the Engineer toWithin a reasonable period of the notification by the Engineer to the Contractor of his approval of such drawings, three sets in ink onthe Contractor of his approval of such drawings, three sets in ink on tracing cloth or ferrogallic prints mounted on cloth of the drawings astracing cloth or ferrogallic prints mounted on cloth of the drawings as approved shall be supplied to him by the Contractor and be signed byapproved shall be supplied to him by the Contractor and be signed by him and the Contractor, respectively and be thereafter deemed to be thehim and the Contractor, respectively and be thereafter deemed to be the "Contract Drawing:."Contract Drawing:.

These drawings when so signed shall become the property of theThese drawings when so signed shall become the property of the Purchaser and be deposited with the Engineer, and shall not be departedPurchaser and be deposited with the Engineer, and shall not be departed from any way whatsoever except by the written permission of thefrom any way whatsoever except by the written permission of the Engineer as hereinafter provided.Engineer as hereinafter provided.

In the event of the Contractor desiring and to process a signedIn the event of the Contractor desiring and to process a signed set of drawing, he shall supply four sets instead of three sets and in thisset of drawing, he shall supply four sets instead of three sets and in this case the Engineer shall sign the fourth set and return the same to thecase the Engineer shall sign the fourth set and return the same to the contractor. contractor.

The Contractor if required by the Engineer, shall supply inThe Contractor if required by the Engineer, shall supply in addition copies of any drawing other than shop drawing which mayaddition copies of any drawing other than shop drawing which may reasonably by required for the purpose of the Contractor and make areasonably by required for the purpose of the Contractor and make a reasonable charge for such copies.reasonable charge for such copies.

The Engineer or his authorised representatives, whose name shallThe Engineer or his authorised representatives, whose name shall have previously been communicated in writing to the Contractor, shallhave previously been communicated in writing to the Contractor, shall have the right, at all reasonable times, to inspect, at factory of thehave the right, at all reasonable times, to inspect, at factory of the Contractor, drawing of any portion of the plant. Contractor, drawing of any portion of the plant.

ContractContract drawingdrawing

5.5. The Contractor shall be responsible for and shall pay for anyThe Contractor shall be responsible for and shall pay for any alterations or the plant due to any discrepancies, errors or omissions inalterations or the plant due to any discrepancies, errors or omissions in the drawings and other particulars, supplied by him, whether suchthe drawings and other particulars, supplied by him, whether such drawing of particulars have been approved by the Engineer if not,drawing of particulars have been approved by the Engineer if not, provided that if such discrepancies, errors or omissions are due toprovided that if such discrepancies, errors or omissions are due to inaccurate information of particulars furnished the Contractor by theinaccurate information of particulars furnished the Contractor by the Engineer any alternations in the plant necessitated by reason of suchEngineer any alternations in the plant necessitated by reason of such inaccurate information of particulars shall be paid for by the purchaser.inaccurate information of particulars shall be paid for by the purchaser.

If any dimensions figured upon the drawings or a plan differIf any dimensions figured upon the drawings or a plan differ from those obtained by scaling the drawing of plant, the dimensions asfrom those obtained by scaling the drawing of plant, the dimensions as figured upon the drawing or plan shall be taken as correct. figured upon the drawing or plan shall be taken as correct.

Mistakes in Mistakes in drawingdrawing

6.6. The Contractor shall not without consent in writing of theThe Contractor shall not without consent in writing of the Engineer or Purchaser which shall not be unreasonably with held, assignEngineer or Purchaser which shall not be unreasonably with held, assign or subject this Contract, or any substantial part thereof other than foror subject this Contract, or any substantial part thereof other than for raw materials, for minor details, or for any part of the plant, of whichraw materials, for minor details, or for any part of the plant, of which the makers are named in the Contract provided that any such consentthe makers are named in the Contract provided that any such consent shall not relieve the contractor from any obligation, duty orshall not relieve the contractor from any obligation, duty or responsibility under the Contract.responsibility under the Contract.

Subletting ofSubletting of contractcontract

7.7. In the event of any claim or demand being made or action beingIn the event of any claim or demand being made or action being brought against the Purchaser for infringement or alleged infringementbrought against the Purchaser for infringement or alleged infringement or later patent, in respect of any machine, plant or things used oror later patent, in respect of any machine, plant or things used or supplied by the Contractor under this contract or in respect of anysupplied by the Contractor under this contract or in respect of any method of using or working by the purchaser of such machine, plant, ormethod of using or working by the purchaser of such machine, plant, or thing, the Contractor will indemnify the Purchaser against such claim orthing, the Contractor will indemnify the Purchaser against such claim or demand and all costs and expenses arising from or incurred by reason ofdemand and all costs and expenses arising from or incurred by reason of such claim or demand provided that the Purchaser shall notify thesuch claim or demand provided that the Purchaser shall notify the

Patent rightsPatent rights

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Contractor immediately and claim is made and that the Contractor shallContractor immediately and claim is made and that the Contractor shall be at liberty, if he so desires, with the assistance of the Purchaser. Ifbe at liberty, if he so desires, with the assistance of the Purchaser. If required but at all the Contractor's own expense, to conduct allrequired but at all the Contractor's own expense, to conduct all negotiation for the settlement of the same of any litigation that maynegotiation for the settlement of the same of any litigation that may arise there from and provided that no such machine, plant, or thing shallarise there from and provided that no such machine, plant, or thing shall be used by the purchaser of any purpose or in any manner other thanbe used by the purchaser of any purpose or in any manner other than that or which they have been supplied by the Contractor and specifiedthat or which they have been supplied by the Contractor and specified under this contract. under this contract. 8.8. The plant shall be manufactured and constructed in the best andThe plant shall be manufactured and constructed in the best and most substantial and most workmanlike manner and with materials ofmost substantial and most workmanlike manner and with materials of the best or of approved qualities for their respective uses. the best or of approved qualities for their respective uses.

Quality of Quality of materialmaterial

9.9. The Contractor shall be responsible for security protecting andThe Contractor shall be responsible for security protecting and packing the plant so as to avoid damage under normal conditions ofpacking the plant so as to avoid damage under normal conditions of transport. transport.

PackingPacking

10.10. The cost of delivering the whole of the material F.O.R. at theThe cost of delivering the whole of the material F.O.R. at the Railway stations specified shall be borne by the Contractor.Railway stations specified shall be borne by the Contractor.

The import Licence fee for the import of equipment orThe import Licence fee for the import of equipment or component parts of raw materials, if required shall be paid by thecomponent parts of raw materials, if required shall be paid by the Contractor even when the import Licence may have to be taken in theContractor even when the import Licence may have to be taken in the name of the Purchaser.name of the Purchaser.

Delivery and Delivery and imported imported licence feelicence fee

11.11. No alterations, amendments, omissions, additions, suspensions,No alterations, amendments, omissions, additions, suspensions, or variations of the plant (hereinafter referred to as "Variation") underor variations of the plant (hereinafter referred to as "Variation") under the Contract as shown by the contract drawings or the Specificationsthe Contract as shown by the contract drawings or the Specifications shall be made by the Contractor except as directed in writing by theshall be made by the Contractor except as directed in writing by the Engineer but the Engineer shall have full power, subject to theEngineer but the Engineer shall have full power, subject to the provision hereinafter contained, from time to time during the executionprovision hereinafter contained, from time to time during the execution of the Contract by notice in writing to instruct the Contractor to makeof the Contract by notice in writing to instruct the Contractor to make such variations without prejudice to the Contract, and the Contractorsuch variations without prejudice to the Contract, and the Contractor shall make such variations, and be bound by the same conditions, as farshall make such variations, and be bound by the same conditions, as far as applicable, as though the said variations occurred in theas applicable, as though the said variations occurred in the specification. If any suggested variations would, in the opinion of thespecification. If any suggested variations would, in the opinion of the Contractor, if carried out, prevent him from fulfilling any of hisContractor, if carried out, prevent him from fulfilling any of his obligations or guarantee under the contract, he shall notify thatobligations or guarantee under the contract, he shall notify that Engineer there of in writing, and the Engineer shall decide forthwithEngineer there of in writing, and the Engineer shall decide forthwith whether or not the same shall be carried out, and if the Engineerwhether or not the same shall be carried out, and if the Engineer confirms his instructions, the Contractor's obligations and guaranteeconfirms his instructions, the Contractor's obligations and guarantee shall be modified to such an extent as may be justified. The differenceshall be modified to such an extent as may be justified. The difference of cost, if any, occasioned by any such variations shall be added t, orof cost, if any, occasioned by any such variations shall be added t, or deducted from, the contract-price as the case may require. The amountdeducted from, the contract-price as the case may require. The amount of such deference, if any, shall be ascertained and determined inof such deference, if any, shall be ascertained and determined in accordance with the rates specified in the Schedules of Prices, so far asaccordance with the rates specified in the Schedules of Prices, so far as the same may be applicable and where the rates are not contained in thethe same may be applicable and where the rates are not contained in the said Schedules, or are not applicable they shall be settled by thesaid Schedules, or are not applicable they shall be settled by the Engineer and Contractor jointly, as far as possible, before suchEngineer and Contractor jointly, as far as possible, before such variations are carried out provided that that the Purchaser shall notvariations are carried out provided that that the Purchaser shall not become liable for the payment of any charge in respect of any suchbecome liable for the payment of any charge in respect of any such variations, unless, the instructions for the performance of the same shallvariations, unless, the instructions for the performance of the same shall have been given in writing by the Engineer.have been given in writing by the Engineer.

In the even of the Engineer requiring any variations, suchIn the even of the Engineer requiring any variations, such reasonable and proper notice shall be given to the Contractor as willreasonable and proper notice shall be given to the Contractor as will enable him to make his arrangement accordingly, and in cases whereenable him to make his arrangement accordingly, and in cases where goods or materials have already been prepared, or any design, drawingsgoods or materials have already been prepared, or any design, drawings or patterns have been made or work done that required to be altered, theor patterns have been made or work done that required to be altered, the Engineer shall allow such compensation in respect there of as he shallEngineer shall allow such compensation in respect there of as he shall consider reasonable.consider reasonable.

Provided that no such variations shall, except with the consent inProvided that no such variations shall, except with the consent in writing of the Contractor, be such as will involve an increase orwriting of the Contractor, be such as will involve an increase or decrease of the total price payable under the contract by more than 10decrease of the total price payable under the contract by more than 10 percent thereof.percent thereof.

In every case in which the Contractor shall receive instructionsIn every case in which the Contractor shall receive instructions from the Engineer for carrying out any work which either then or later,from the Engineer for carrying out any work which either then or later,

Power to vary Power to vary or omit workor omit work

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will in opinion of the Contractor, involve a claim for additionalwill in opinion of the Contractor, involve a claim for additional payment, the Contractor shall as soon as reasonably possible after thepayment, the Contractor shall as soon as reasonably possible after the receipt of such instructions inform the Engineer of such claim forreceipt of such instructions inform the Engineer of such claim for additional payment. additional payment. 12.12. If the Contractor shall neglect to manufacturer or supply theIf the Contractor shall neglect to manufacturer or supply the plant with due diligence and expedition or shall refuse or neglect toplant with due diligence and expedition or shall refuse or neglect to comply with any reasonable orders given to him in writing by thecomply with any reasonable orders given to him in writing by the Engineer in connection with the manufacturer or supply, or shallEngineer in connection with the manufacturer or supply, or shall contravene any provision of the Contract, the Purchaser may give sevencontravene any provision of the Contract, the Purchaser may give seven day's notice in writing to the Contractor to make good the failure,day's notice in writing to the Contractor to make good the failure, neglect or contravention complained of any if the contractor shall fail toneglect or contravention complained of any if the contractor shall fail to comply with the notice within a reasonable time from the date ofcomply with the notice within a reasonable time from the date of service thereof in the case of a failure, neglect or contravention capableservice thereof in the case of a failure, neglect or contravention capable of being made good within that time then and in such case if theof being made good within that time then and in such case if the Purchaser shall think fit, it shall be lawful for him to take thePurchaser shall think fit, it shall be lawful for him to take the manufacturer or supply of plant wholly or in part out of the Contractor'smanufacturer or supply of plant wholly or in part out of the Contractor's hand and give it to another person on contract at the reasonable pricehand and give it to another person on contract at the reasonable price and the purchaser shall be entitled to retain and apply any balanceand the purchaser shall be entitled to retain and apply any balance which may be otherwise due on the Contract by him to the Contractor orwhich may be otherwise due on the Contract by him to the Contractor or such part thereof as may be necessary, to the payment of the cost ofsuch part thereof as may be necessary, to the payment of the cost of manufacture or supply of such plant as aforesaid.manufacture or supply of such plant as aforesaid.

NegligenceNegligence

13.13. If the Contractor shall die or commit any act of Bankruptcy, orIf the Contractor shall die or commit any act of Bankruptcy, or being a corporation commence to be a wound up except forbeing a corporation commence to be a wound up except for reconstruction purpose of carry on its business under a receiver, thereconstruction purpose of carry on its business under a receiver, the executors, successors, or other representative in law of the estate of theexecutors, successors, or other representative in law of the estate of the Contractor of any such receiver, liquidator or any person in whom theContractor of any such receiver, liquidator or any person in whom the contract may become vested shall forthwith give notice thereof incontract may become vested shall forthwith give notice thereof in writing to the purchaser and shall for one month during which he shallwriting to the purchaser and shall for one month during which he shall take reasonable steps to prevent stoppages of the manufacturer of plant,take reasonable steps to prevent stoppages of the manufacturer of plant, have the option of carrying out the contract subject to his or theirhave the option of carrying out the contract subject to his or their providing such guarantee as may be required by the Purchaser, but notproviding such guarantee as may be required by the Purchaser, but not exceeding the value of the plant, for the time being remainingexceeding the value of the plant, for the time being remaining unexecuted. In the event of stoppage of the manufacturer of the plantunexecuted. In the event of stoppage of the manufacturer of the plant the period of the option under this clause shall be fourteen days only,the period of the option under this clause shall be fourteen days only, provided that, should the above option not be exercised, the contractprovided that, should the above option not be exercised, the contract may be determined by the Purchaser by notice in writing to themay be determined by the Purchaser by notice in writing to the Contractor, and the Purchaser may exercise the same power which heContractor, and the Purchaser may exercise the same power which he could exercise and will have the same rights which he would have undercould exercise and will have the same rights which he would have under the last preceding clause if work had been taken out of the Contractor'sthe last preceding clause if work had been taken out of the Contractor's hand under that clause.hand under that clause.

Deaths,Deaths, BankruptcyBankruptcy etc.etc.

14.14. The Engineer, and his duly authorised representative shall haveThe Engineer, and his duly authorised representative shall have at all reasonable times access to the Contractors premises and shallat all reasonable times access to the Contractors premises and shall have the power at all reasonable time to inspect and examine thehave the power at all reasonable time to inspect and examine the materials and workmanship of the plant during its manufacture there,materials and workmanship of the plant during its manufacture there, and if part of the plant is being manufactured on other premises, theand if part of the plant is being manufactured on other premises, the Contractor shall obtain for he Engineer and for his duly authorisedContractor shall obtain for he Engineer and for his duly authorised representatives permission to inspect it as if the plant manufactured onrepresentatives permission to inspect it as if the plant manufactured on the Contractor's premises.the Contractor's premises.

The Engineer shall, on giving seven day's notice in writing to theThe Engineer shall, on giving seven day's notice in writing to the Contractor setting out any grounds of objections which he may have inContractor setting out any grounds of objections which he may have in respect of the work, be at liberty to reject all or any plant orrespect of the work, be at liberty to reject all or any plant or workmanship connected with such work which, in his opinion, are notworkmanship connected with such work which, in his opinion, are not in accordance with the Contract, or are in his opinion, defective for anyin accordance with the Contract, or are in his opinion, defective for any reason whatsoever; Provided that, if such notice be not sent to thereason whatsoever; Provided that, if such notice be not sent to the Contractor within reasonable time after the grounds upon which suchContractor within reasonable time after the grounds upon which such notice is based have come to the knowledge of the Engineer, he shallnotice is based have come to the knowledge of the Engineer, he shall not be entitled to reject the said plant or workmanship on such grounds.not be entitled to reject the said plant or workmanship on such grounds. Unless specifically provided otherwise all tests shall be madeUnless specifically provided otherwise all tests shall be made Contractor's works before shipment.Contractor's works before shipment.

The Contractor shall, if required, give the Engineer notice of anyThe Contractor shall, if required, give the Engineer notice of any material being ready for testing, and the Engineer, or his saidmaterial being ready for testing, and the Engineer, or his said

Inspection &Inspection & testingtesting

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representative, if so desired, shall on giving twenty four hours previousrepresentative, if so desired, shall on giving twenty four hours previous notice in writing to the Contractor attend at the Contractor's premisesnotice in writing to the Contractor attend at the Contractor's premises within seven days of the date of which the material is notified as beingwithin seven days of the date of which the material is notified as being ready, failing which visit the Contractor may proceed with the test,ready, failing which visit the Contractor may proceed with the test, which shall be deemed to have been made in Engineer's presence, andwhich shall be deemed to have been made in Engineer's presence, and he shall forthwith forward to the Engineer due certified copies of thehe shall forthwith forward to the Engineer due certified copies of the tests in duplicate. tests in duplicate.

In all cases where the Contractor provides for tests, whether atIn all cases where the Contractor provides for tests, whether at the premises of the Contractor or of any subcontractor, the Contractor,the premises of the Contractor or of any subcontractor, the Contractor, except where otherwise specified, shall provide, free of charge, suchexcept where otherwise specified, shall provide, free of charge, such labour, materials, electricity, fuel, water stores, apparatus andlabour, materials, electricity, fuel, water stores, apparatus and instruments as may reasonably be demanded to carryout efficiently suchinstruments as may reasonably be demanded to carryout efficiently such test of the plant in accordance with the Contract and shall give facilitiestest of the plant in accordance with the Contract and shall give facilities to the Engineer or to his authorised representative to accomplish suchto the Engineer or to his authorised representative to accomplish such testing.testing.

If special tests other than those specified in the Contract areIf special tests other than those specified in the Contract are required they shall be paid for by the Purchaser as variations, underrequired they shall be paid for by the Purchaser as variations, under clause 1.1.clause 1.1.

When the tests have been satisfactorily completed at theWhen the tests have been satisfactorily completed at the Contractor's work the Engineer shall issue a certificate to that effect.Contractor's work the Engineer shall issue a certificate to that effect.

In all cases where the Contractor provides for test on the site, theIn all cases where the Contractor provides for test on the site, the Purchaser, except otherwise specified, shall provide, free of charge,Purchaser, except otherwise specified, shall provide, free of charge, such labour, materials, electricity, fuel, water, stores apparatus andsuch labour, materials, electricity, fuel, water, stores apparatus and instruments as may be requisite from time to time and as mayinstruments as may be requisite from time to time and as may reasonably by demanded efficiently to carry out such test of the plant orreasonably by demanded efficiently to carry out such test of the plant or workmanship in accordance with the Contract. In the cases ofworkmanship in accordance with the Contract. In the cases of Contractor requiring electricity for test on site such electricity shall beContractor requiring electricity for test on site such electricity shall be supplied to contractor in the most convenient form available.supplied to contractor in the most convenient form available.

Test at Test at contractor's contractor's premisespremises

Test on siteTest on site

15.15. The plant or material shall not be forwarded until shippingThe plant or material shall not be forwarded until shipping dispatch instructions shall have given to the Contractor.dispatch instructions shall have given to the Contractor.

Notification of delivery or dispatch in regard to each and everyNotification of delivery or dispatch in regard to each and every consignment shall be made to the Purchaser immediately after dispatchconsignment shall be made to the Purchaser immediately after dispatch or delivery. The supplier shall further supply to the consignee a pricedor delivery. The supplier shall further supply to the consignee a priced invoice and packing accounts of all stores delivered or dispatched byinvoice and packing accounts of all stores delivered or dispatched by him. All packages, containers, bundles and loose materials forminghim. All packages, containers, bundles and loose materials forming part of each and every consignment shall be described in fully in thepart of each and every consignment shall be described in fully in the packing account, and full details of the contents of packages andpacking account, and full details of the contents of packages and quantity of materials shall be given to enable the consignee to check thequantity of materials shall be given to enable the consignee to check the stores on arrival at destination. stores on arrival at destination.

Delivery of Delivery of plantplant

16.16. The manufacture and supply of plant shall carry out under theThe manufacture and supply of plant shall carry out under the direction and to the reasonable satisfaction of the Engineer.direction and to the reasonable satisfaction of the Engineer.

Engineer'sEngineer's supervisionsupervision

17.17. In respect of all matters which are left to the decision ofIn respect of all matters which are left to the decision of Engineer, including the granting or with holing of certificates, theEngineer, including the granting or with holing of certificates, the Engineer shall, if required so to do by the contractor, give in writingEngineer shall, if required so to do by the contractor, give in writing the decision thereon, and his reasons for such decision. If the decisionthe decision thereon, and his reasons for such decision. If the decision is not accepted by the Contractor, the matter shall, at the request of theis not accepted by the Contractor, the matter shall, at the request of the Contractor, be referred to arbitration under provision of arbitrationContractor, be referred to arbitration under provision of arbitration hereinafter contained, but subject to the right or reference tohereinafter contained, but subject to the right or reference to arbitration. Such decisions shall be final and binding on the contractor.arbitration. Such decisions shall be final and binding on the contractor.

Engineer'sEngineer's decisionsdecisions

18.18. The Contractor shall be responsible for loss, damage ofThe Contractor shall be responsible for loss, damage of depreciation to goods upto the delivery at site.depreciation to goods upto the delivery at site.

Liability for Liability for accidents and accidents and damagedamage

19.19. If during the progress of manufacture or supply of plant, theIf during the progress of manufacture or supply of plant, the Engineer decide and notify in writing to the Contractor that theEngineer decide and notify in writing to the Contractor that the Contractor manufactured any plant or part of unsound or imperfect, orContractor manufactured any plant or part of unsound or imperfect, or has supplied and plant inferior in quality to that specified, thehas supplied and plant inferior in quality to that specified, the contractor on receiving the details of such defects of deficiency shall, atcontractor on receiving the details of such defects of deficiency shall, at his own expenses, within such time as may be reasonably necessary forhis own expenses, within such time as may be reasonably necessary for the purpose proceed to alter, reconstruct or remove such plant or part ofthe purpose proceed to alter, reconstruct or remove such plant or part of plant, supply fresh material upto the standard of specification and inplant, supply fresh material upto the standard of specification and in case the Contractor shall fail to do so the Purchaser may, or giving thecase the Contractor shall fail to do so the Purchaser may, or giving the

Replacement Replacement of defective of defective plant or plant or material material deductiondeduction

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Contractor seven day's notice in writing of his intention, so to doContractor seven day's notice in writing of his intention, so to do proceed to alter, reconstruct or remove such plant or part of plant ofproceed to alter, reconstruct or remove such plant or part of plant of supply of such materials at the Contractor's cost provided that nothingsupply of such materials at the Contractor's cost provided that nothing in this clause shall be deemed to deprive the purchaser of or affect anyin this clause shall be deemed to deprive the purchaser of or affect any right under the contract which he may otherwise have in respect of suchright under the contract which he may otherwise have in respect of such defects or deficiencies. defects or deficiencies. 20.20. All costs, damages or expenses, which the Purchaser may haveAll costs, damages or expenses, which the Purchaser may have paid, for which under the contract, the Contractor is liable, may bepaid, for which under the contract, the Contractor is liable, may be deducted by the Purchaser from any moneys due or which may becomededucted by the Purchaser from any moneys due or which may become due by him to the Contractor under this Contract, or may be recovereddue by him to the Contractor under this Contract, or may be recovered by suit or otherwise from the Contractor.by suit or otherwise from the Contractor.

Any sum of money due and payable to the contractor (includingAny sum of money due and payable to the contractor (including security, deposit returnable to him) under this contract may besecurity, deposit returnable to him) under this contract may be appropriated by the Purchaser and set off against any claim of theappropriated by the Purchaser and set off against any claim of the Purchaser for the payment of a sum of money arising out of or underPurchaser for the payment of a sum of money arising out of or under any other contract made by the Contractor with the Purchaser. any other contract made by the Contractor with the Purchaser.

From contractFrom contract priceprice

21. (1) Subject to any deduction which the Purchaser may be authorised21. (1) Subject to any deduction which the Purchaser may be authorised to make under the contract, or subject to any addition or deductionto make under the contract, or subject to any addition or deduction provided for under clauses 11, the Contractor shall, on the certificate ofprovided for under clauses 11, the Contractor shall, on the certificate of the Engineer be entitled to payment as follows:the Engineer be entitled to payment as follows:(a)(a) Ninety percent of the FOR contract value of the plant alongwithNinety percent of the FOR contract value of the plant alongwith 100% sales tax and Excise duty as applicable on finished100% sales tax and Excise duty as applicable on finished material/equipment shall be made through bank, intimated by thematerial/equipment shall be made through bank, intimated by the Purchaser in Rs. or receipt by the Purchaser of the Contractor's invoicePurchaser in Rs. or receipt by the Purchaser of the Contractor's invoice giving the number and date of the railway receipt covering the dispatchgiving the number and date of the railway receipt covering the dispatch of the plant from the Indian Port and of the advice note giving caseof the plant from the Indian Port and of the advice note giving case number and contents, together with a certificate by the Contractor to thenumber and contents, together with a certificate by the Contractor to the effect advice note has actually been that the plant detailed in the saideffect advice note has actually been that the plant detailed in the said dispatched under the said railway receipt and that the Contract value ofdispatched under the said railway receipt and that the Contract value of the said plant so dispatched is not less than the amount entered in thethe said plant so dispatched is not less than the amount entered in the invoice. invoice. (b)(b) Ten percent of the FOR contract value on presentation of theTen percent of the FOR contract value on presentation of the contractor's invoice when each commercially useable section of thecontractor's invoice when each commercially useable section of the plant is complete and the last portion of such section has beenplant is complete and the last portion of such section has been dispatched and the whole material has been delivered at the place fixeddispatched and the whole material has been delivered at the place fixed for delivery and checked at the site of the work, within one month orfor delivery and checked at the site of the work, within one month or such delivery, whichever is earlier. such delivery, whichever is earlier.

Provided that each of the payments under this clause shall be dueProvided that each of the payments under this clause shall be due on the last of the month in which the invoice for the amount dueon the last of the month in which the invoice for the amount due together with the necessary documents is received by the purchaser,together with the necessary documents is received by the purchaser, provided also that the Purchaser shall not be bounded to make anyprovided also that the Purchaser shall not be bounded to make any payment under sub-clause (a) unless the amount of such paymentpayment under sub-clause (a) unless the amount of such payment represent at least 8 percent of the total contract value of the plant. represent at least 8 percent of the total contract value of the plant. (2)(2) If at the time at which the last installment becomes payable thereIf at the time at which the last installment becomes payable there are minor defects in the plant which are to of such importance as toare minor defects in the plant which are to of such importance as to affect the full commercial use of the plant, then the Purchaser shall beaffect the full commercial use of the plant, then the Purchaser shall be entitled to retain such part of the installments as represents the cost ofentitled to retain such part of the installments as represents the cost of making good such minor defects, and any sum so retained shall, subjectmaking good such minor defects, and any sum so retained shall, subject to the provisions of clause 30, become due upon such minor defectsto the provisions of clause 30, become due upon such minor defects being made good. being made good. (3)(3) If the Purchaser desires that the plant or any portion should notIf the Purchaser desires that the plant or any portion should not be dispatched by the Contractor when it is due for dispatch, thebe dispatched by the Contractor when it is due for dispatch, the Contractor shall store such plant or portion at his works and beContractor shall store such plant or portion at his works and be responsible for all risk. For such storage the Purchaser shall pay theresponsible for all risk. For such storage the Purchaser shall pay the Contractor at a rate to be mutually agreed upon between the parties, butContractor at a rate to be mutually agreed upon between the parties, but no exceeding 5s (five shillings) per ton per week payable quarterly plusno exceeding 5s (five shillings) per ton per week payable quarterly plus interest at percent per annum above the current rate of the State Bank ofinterest at percent per annum above the current rate of the State Bank of India, on 80 percent of the contract value of the plant or portion thereofIndia, on 80 percent of the contract value of the plant or portion thereof so stored, for the period from the date on which the said plant orso stored, for the period from the date on which the said plant or portion become due and is ready for shipment upto the date on which itportion become due and is ready for shipment upto the date on which it is actually shipped.is actually shipped.

Terms of Terms of paymentpayment

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22.22. In any case where the contract price includes a provisional sumIn any case where the contract price includes a provisional sum to be provided by the contractor for meeting the expenses of extra workto be provided by the contractor for meeting the expenses of extra work or for work to be done or materials to be supplied by the sub-contractor,or for work to be done or materials to be supplied by the sub-contractor, such sum shall be expended or used either wholly or in part, or be notsuch sum shall be expended or used either wholly or in part, or be not used at the discretion of the Engineer, and entirely as he may decideused at the discretion of the Engineer, and entirely as he may decide and direct. If no part or only a part there of be used, then the whole orand direct. If no part or only a part there of be used, then the whole or the part used, as the case may be, shall be deducted from the contractthe part used, as the case may be, shall be deducted from the contract price. If the sum used is more than such provisional sum the Contractorprice. If the sum used is more than such provisional sum the Contractor shall pay the excess. In the case of materials supplied or work done byshall pay the excess. In the case of materials supplied or work done by a sub-contractor, the total of the net sum paid to the sub-contractor ona sub-contractor, the total of the net sum paid to the sub-contractor on account of such materials or works and a sum equal to 10% of such netaccount of such materials or works and a sum equal to 10% of such net sum allowed as Contractor's profit shall be deemed to be the sum used.sum allowed as Contractor's profit shall be deemed to be the sum used. None of the works or articles to which such sum of money refers shallNone of the works or articles to which such sum of money refers shall be done or purchased without the written order of the Engineer. Thebe done or purchased without the written order of the Engineer. The Contractor shall allow the sub-contractors every facility for the supplyContractor shall allow the sub-contractors every facility for the supply of materials or execution of their several works simultaneously with hisof materials or execution of their several works simultaneously with his own, and shall within fourteen days after the Engineer has requestedown, and shall within fourteen days after the Engineer has requested him in writing so to do, pay the dues of such sub-contractors on accounthim in writing so to do, pay the dues of such sub-contractors on account of such materials or work; PROVIDED ALWAYS that the contractorof such materials or work; PROVIDED ALWAYS that the contractor shall have no responsibility with regards to such works or articlesshall have no responsibility with regards to such works or articles unless he shall have previously approved the sub-contractor and or theunless he shall have previously approved the sub-contractor and or the material or plant to be supplied. material or plant to be supplied. 23(1)23(1) Every application to Engineer for a certificate must beEvery application to Engineer for a certificate must be accompanied by a detailed invoice (in duplicate) setting fourth in theaccompanied by a detailed invoice (in duplicate) setting fourth in the order of the Schedule of price, particulars of the plant supplied and theorder of the Schedule of price, particulars of the plant supplied and the certificates as to such plant as is the reasonable opinion of thecertificates as to such plant as is the reasonable opinion of the Engineer, in accordance with the Contract shall be issued withinEngineer, in accordance with the Contract shall be issued within fourteen days of the application for the same.fourteen days of the application for the same.(2)(2) The Engineer may, be any certificates make any correction orThe Engineer may, be any certificates make any correction or modification in any previous certificate which shall have been issued bymodification in any previous certificate which shall have been issued by him and payments shall be required and adjusted accordingly.him and payments shall be required and adjusted accordingly.

Certificates ofCertificates of EngineerEngineer

24.24. No certificate of Engineer on account nor any sum paid onNo certificate of Engineer on account nor any sum paid on account by the Purchaser, nor any extension of time granted underaccount by the Purchaser, nor any extension of time granted under clause 26 shall affect or prejudice the rights of the Purchaser, against.clause 26 shall affect or prejudice the rights of the Purchaser, against. The Contractor either under this agreement or under the law, or relieveThe Contractor either under this agreement or under the law, or relieve the Contractor of his obligations for the due performance of thethe Contractor of his obligations for the due performance of the contract, or be interpreted as approval of the plant manufactured orcontract, or be interpreted as approval of the plant manufactured or supplied, and no certificate of the Engineer shall create liability on thesupplied, and no certificate of the Engineer shall create liability on the Purchaser to pay for any alteration, amendments, variations or additionsPurchaser to pay for any alteration, amendments, variations or additions not ordered in writing by the Engineer or absolve the Contractor of hisnot ordered in writing by the Engineer or absolve the Contractor of his liability for the payment of damages whether due, as contained orliability for the payment of damages whether due, as contained or certified or not or of any sum against the payment of which he is boundcertified or not or of any sum against the payment of which he is bound to indemnify the Purchaser, nor shall any such certificates nor theto indemnify the Purchaser, nor shall any such certificates nor the acceptance by him of any sum, paid on account of otherwise affect oracceptance by him of any sum, paid on account of otherwise affect or prejudice the rights of the Contractor against the Purchaser, eitherprejudice the rights of the Contractor against the Purchaser, either under this agreement or under the law. under this agreement or under the law.

Certificate Certificate not to effect not to effect rights of the rights of the purchaser of purchaser of contractorcontractor

25.25. The Purchaser shall pay to the Contractor all reasonableThe Purchaser shall pay to the Contractor all reasonable expenses, incurred by the Contractor by reason of suspension of theexpenses, incurred by the Contractor by reason of suspension of the manufacture of plant or delay in shipment by order in writing of themanufacture of plant or delay in shipment by order in writing of the purchaser or the Engineer. Unless such suspension or delay shall bepurchaser or the Engineer. Unless such suspension or delay shall be due to some default on the part of the Contractor of sub-contractor. due to some default on the part of the Contractor of sub-contractor.

Supervision ofSupervision of worksworks

26.26. The time given to the Contractor for dispatch or delivery shall beThe time given to the Contractor for dispatch or delivery shall be reckoned from the date of receipt by the Contractor of the orderreckoned from the date of receipt by the Contractor of the order together with all necessary information and drawings, to enable thetogether with all necessary information and drawings, to enable the work to be put in hand. work to be put in hand.

In all cases in which progress shall be delayed by strikes,In all cases in which progress shall be delayed by strikes, lockouts, fire, accidents defective materials, delays in approval oflockouts, fire, accidents defective materials, delays in approval of drawings or any cause whatsoever beyond the reasonable control of thedrawings or any cause whatsoever beyond the reasonable control of the Contractor, and whether such delays or impediment shall occur beforeContractor, and whether such delays or impediment shall occur before or after the time or extended time, for dispatch or delivery, a reasonableor after the time or extended time, for dispatch or delivery, a reasonable extension of time shall be granted. extension of time shall be granted.

Extension of Extension of time of time of completioncompletion

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27.27. If the Contractor shall fail in the due performance of hisIf the Contractor shall fail in the due performance of his Contract within the time fixed by the Contractor any extension thereof,Contract within the time fixed by the Contractor any extension thereof, the Contractor agrees to accept the reduction of the Contract price bythe Contractor agrees to accept the reduction of the Contract price by half percent per week reckoned on the contract value of such portionhalf percent per week reckoned on the contract value of such portion only of the plant as cannot in consequence of the delay be usedonly of the plant as cannot in consequence of the delay be used commercially and efficiently during each week between the appointedcommercially and efficiently during each week between the appointed and extended time, as the case may be and the actual time of acceptanceand extended time, as the case may be and the actual time of acceptance under clause 29, and such reduction shall be full satisfaction of theunder clause 29, and such reduction shall be full satisfaction of the Contractor's liability for delay but shall not in any case exceed 10% ofContractor's liability for delay but shall not in any case exceed 10% of the Contract value of such portion of the plant.the Contract value of such portion of the plant.

PricePrice reductionreduction clauseclause

28.28. If the completed plant of any portion thereof, before it is takenIf the completed plant of any portion thereof, before it is taken over under clause 29, be found to bed effective or fails to fulfill theover under clause 29, be found to bed effective or fails to fulfill the requirement of the contract, the Engineer shall give the Contractorrequirement of the contract, the Engineer shall give the Contractor notice setting forth particulars of such defects or failure, and thenotice setting forth particulars of such defects or failure, and the Contractor shall forth with make the defective plant good, or alter theContractor shall forth with make the defective plant good, or alter the same to make it comply with the requirements of Contract. If thesame to make it comply with the requirements of Contract. If the Contractor fails to do so within a reasonable time, the Purchaser mayContractor fails to do so within a reasonable time, the Purchaser may reject and replace, at the cost of contractor, the whole or any portion ofreject and replace, at the cost of contractor, the whole or any portion of the plant as the case may be, which is defective or fails to fulfill thethe plant as the case may be, which is defective or fails to fulfill the requirement of the Contract, such replacement shall be carried out byrequirement of the Contract, such replacement shall be carried out by the Purchaser within a reasonable time, and at a reasonable price andthe Purchaser within a reasonable time, and at a reasonable price and where possible to same specification and under competitive conditions.where possible to same specification and under competitive conditions. In case of such replacement by the Purchaser, the Contractor shall beIn case of such replacement by the Purchaser, the Contractor shall be liable to pay to the Purchaser the extra cost, if any, of such replacementliable to pay to the Purchaser the extra cost, if any, of such replacement delivered and or erected as provided for in the original contract, suchdelivered and or erected as provided for in the original contract, such extra cost being the ascertained difference between the price paid by theextra cost being the ascertained difference between the price paid by the Purchaser, under the provisions above-mentioned, for such replacementPurchaser, under the provisions above-mentioned, for such replacement and the contract price for plant, so replaced and also to repay any sumand the contract price for plant, so replaced and also to repay any sum paid by the purchaser to the Contractor in respect of such defectivepaid by the purchaser to the Contractor in respect of such defective plant. If the purchaser does not so replace the rejected plant within aplant. If the purchaser does not so replace the rejected plant within a reasonable time, the Contractor shall be liable only to repay of thereasonable time, the Contractor shall be liable only to repay of the purchaser all moneys paid by the Purchaser to him in respect of suchpurchaser all moneys paid by the Purchaser to him in respect of such plant. plant.

In the event of such rejection the Purchaser shall be entitled toIn the event of such rejection the Purchaser shall be entitled to use of the plant in a reasonable and proper manner for a time reasonablyuse of the plant in a reasonable and proper manner for a time reasonably of sufficient to enable him to obtain other replacement plant. Duringof sufficient to enable him to obtain other replacement plant. During the period the rejected plant is used commercially, the Contractor shallthe period the rejected plant is used commercially, the Contractor shall be entitled to a reasonable sum as payment for such use. be entitled to a reasonable sum as payment for such use.

Rejection of Rejection of defective defective plantplant

29.29. Where the specification calls for performance test beforeWhere the specification calls for performance test before shipment and these have been successfully carried out, the plant shallshipment and these have been successfully carried out, the plant shall be accepted and taken over and the Engineer shall notify the Contractorbe accepted and taken over and the Engineer shall notify the Contractor to that effect. When the specification calls for tests on site the plantto that effect. When the specification calls for tests on site the plant shall be taken over immediately after such tests have been satisfactorilyshall be taken over immediately after such tests have been satisfactorily carried out and the Engineer shall notify the contractor to that effect.carried out and the Engineer shall notify the contractor to that effect.

Such notification shall not be unreasonably withheld, nor shallSuch notification shall not be unreasonably withheld, nor shall the Engineer delay giving such notification on account of minorthe Engineer delay giving such notification on account of minor omissions which does not necessarily delay shipment nor affect theomissions which does not necessarily delay shipment nor affect the commercial use of plant without any serious risk. PROVIDEDcommercial use of plant without any serious risk. PROVIDED ALWAYS that the Contractor undertakes to make good such omissionsALWAYS that the Contractor undertakes to make good such omissions and defects at the earliest possible moment.and defects at the earliest possible moment.

Taking overTaking over

30.30. For a period of 12 (twelve) or calender months commencingFor a period of 12 (twelve) or calender months commencing immediately upon the setting to work of the plant or on 18 months fromimmediately upon the setting to work of the plant or on 18 months from the date of receipt of equipment by the purchaser at site whichever isthe date of receipt of equipment by the purchaser at site whichever is earlier called the "Maintenance Period", the Contractor shall remainearlier called the "Maintenance Period", the Contractor shall remain liable to replace any defective parts that may develop in plants of hisliable to replace any defective parts that may develop in plants of his manufacture or those office of his sub-contractors approved undermanufacture or those office of his sub-contractors approved under clause 6, under conditions provided for by the Contractor under properclause 6, under conditions provided for by the Contractor under proper use and arising, solely from faulty design, materials or workmanship,use and arising, solely from faulty design, materials or workmanship, PROVIDED ALWAYS the such defective parts as are not repairable atPROVIDED ALWAYS the such defective parts as are not repairable at site and are not essential in the meantime to the maintenance insite and are not essential in the meantime to the maintenance in commercial due of the plant are promptly returned to the Contractors'commercial due of the plant are promptly returned to the Contractors'

MaintenanceMaintenance

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work at the expense of the Contractor unless otherwise arranged.work at the expense of the Contractor unless otherwise arranged.If it becomes necessary for the contractor to replace or renewIf it becomes necessary for the contractor to replace or renew

any defective part of the plant under this clause, the provisions of theany defective part of the plant under this clause, the provisions of the first paragraph of his clause shall apply to the parts of the plant, sofirst paragraph of his clause shall apply to the parts of the plant, so replaced or renewed until the expiration of six months from the date ofreplaced or renewed until the expiration of six months from the date of such replacement of renewal or until the end of the above mentionedsuch replacement of renewal or until the end of the above mentioned period of 12 months, whichever may be later.period of 12 months, whichever may be later.

If any defect be not remedied with a reasonable time, theIf any defect be not remedied with a reasonable time, the purchaser may proceed to do the work at the Contractor's risk andpurchaser may proceed to do the work at the Contractor's risk and expense, but without prejudice to any other rights which the Purchaserexpense, but without prejudice to any other rights which the Purchaser may have against the Contractor in respect of such defects.may have against the Contractor in respect of such defects.

The repaired or new parts will be delivered in accordance withThe repaired or new parts will be delivered in accordance with clause 10. The Contractor shall bear reasonable cost of minor repairclause 10. The Contractor shall bear reasonable cost of minor repair carried out on his behalf at site.carried out on his behalf at site.

At the end of maintenance period, the contractor's liabilitiesAt the end of maintenance period, the contractor's liabilities shall cease. In respect of goods not covered by first paragraph of thisshall cease. In respect of goods not covered by first paragraph of this clause, the Purchaser shall be entitled to the benefit of any guaranteeclause, the Purchaser shall be entitled to the benefit of any guarantee given to the contractor by the original supplier or manufacturer of suchgiven to the contractor by the original supplier or manufacturer of such goods. goods. 31.31. If any dispute, difference of controversy shall at any time ariseIf any dispute, difference of controversy shall at any time arise between the contractor on the one hand and the DVVNL and thebetween the contractor on the one hand and the DVVNL and the Engineer of the contract or the other hand the contract, or as to the trueEngineer of the contract or the other hand the contract, or as to the true construction, meaning and intent or any part of condition of, or paymentconstruction, meaning and intent or any part of condition of, or payment for the same, or as to the true intent, meaning interpretation,for the same, or as to the true intent, meaning interpretation, construction of effect of the clauses of the contract, specifications orconstruction of effect of the clauses of the contract, specifications or drawings or any of them, or as to any thing to be done committed ordrawings or any of them, or as to any thing to be done committed or suffered in pursuance of the contract or specifications, or as to thesuffered in pursuance of the contract or specifications, or as to the mode of carrying the contract into effect, or as to the breach or allegedmode of carrying the contract into effect, or as to the breach or alleged breach, or as to obviating or compensating for the commission of anybreach, or as to obviating or compensating for the commission of any such breach, or as to any other matter of thing, whatsoever connectedsuch breach, or as to any other matter of thing, whatsoever connected with or arising out of the contract, and whether before or during thewith or arising out of the contract, and whether before or during the progress or after the completion of the contract, such questionprogress or after the completion of the contract, such question difference or dispute shall be referred for adjudication to the M.D.,difference or dispute shall be referred for adjudication to the M.D., DVVNL, Agra or to any other person nominated by him in this behalfDVVNL, Agra or to any other person nominated by him in this behalf and his decision in writing shall be final, binding and conclusive. Thisand his decision in writing shall be final, binding and conclusive. This submission shall be deemed to be a submission to arbitration within thesubmission shall be deemed to be a submission to arbitration within the meaning of the Indian Arbitration Act, 1940 or statutory modificationmeaning of the Indian Arbitration Act, 1940 or statutory modification thereof. The Arbitrator may from time to time with consent of thethereof. The Arbitrator may from time to time with consent of the parties enlarge the time for making and publishing the award. parties enlarge the time for making and publishing the award.

Upon every or any such reference, the costs of, an incidental to,Upon every or any such reference, the costs of, an incidental to, the reference and awards respectively shall be in the discretion of thethe reference and awards respectively shall be in the discretion of the arbitrator, who shall be competent to determine the amount thereof orarbitrator, who shall be competent to determine the amount thereof or direct the same to betaxed as between solicitor and client or as betweendirect the same to betaxed as between solicitor and client or as between Parties and to direct by whom and to whom manner the same shall beParties and to direct by whom and to whom manner the same shall be borne and paid. borne and paid.

Work under the contract shall, if reasonable possible, continueWork under the contract shall, if reasonable possible, continue during the arbitration proceedings and no payments due to payable byduring the arbitration proceedings and no payments due to payable by the Corporation shall be with held on account of such proceedings. Inthe Corporation shall be with held on account of such proceedings. In case of refusal/neglect by such nominee, M.D., DVVNL may nominatecase of refusal/neglect by such nominee, M.D., DVVNL may nominate another person in his place. another person in his place.

Any action taken or proceedings initiated on any of the terms ofAny action taken or proceedings initiated on any of the terms of this agreement shall be only in the court of competent jurisdiction underthis agreement shall be only in the court of competent jurisdiction under the High Court of Judicature, Allahabad.the High Court of Judicature, Allahabad.

ArbitrationArbitration

32.32. The Contractor shall in all respect be construed and operate as aThe Contractor shall in all respect be construed and operate as a Contract as defined in the Indian Contract Act, 1872, and all paymentsContract as defined in the Indian Contract Act, 1872, and all payments there under shall be made in rupees unless otherwise specified. there under shall be made in rupees unless otherwise specified.

ConstructionConstruction of contractof contract

33.33. The marginal note to any clause of this Contract shall not affectThe marginal note to any clause of this Contract shall not affect or control the construction of such clause. or control the construction of such clause.

MarginalMarginal notesnotes

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FORM OF AGREEMENT FORM OF AGREEMENT(REFERRED TO IN CLAUSE 3)(REFERRED TO IN CLAUSE 3)

THIS AGREEMENT made on day of 200 BETWEEN THIS AGREEMENT made on day of 200 BETWEEN hereinafter referred to as "The Contractor" of hereinafter referred to as "The Contractor" of the one part and Dakshinanchal Vidyut Vitran Nigam Limited, Agra hereinafterthe one part and Dakshinanchal Vidyut Vitran Nigam Limited, Agra hereinafter called as "Purchaser" of the other part.called as "Purchaser" of the other part.

WHEREAS the Purchaser is about to erect and maintainWHEREAS the Purchaser is about to erect and maintain the ........... ............................... (Hereinafter called the "the work") and for thethe ........... ............................... (Hereinafter called the "the work") and for the purpose requires the plants and machinery mentioned and specified in certainpurpose requires the plants and machinery mentioned and specified in certain General Conditions; Schedule, Drawing, Form of Tender, Covering Letter andGeneral Conditions; Schedule, Drawing, Form of Tender, Covering Letter and Schedule of Prices which, for the purpose of identification, has been signedSchedule of Prices which, for the purpose of identification, has been signed by ...................................................................................... ..................................by ...................................................................................... ......................................... on behalf of the Contractor and (the Engineer of the Purchaser) on behalf of the....... on behalf of the Contractor and (the Engineer of the Purchaser) on behalf of the Purchaser all of which are deemed to form part of this Contractor as through asPurchaser all of which are deemed to form part of this Contractor as through as separately set out herein and are included in the expression 'Contract wheneverseparately set out herein and are included in the expression 'Contract whenever herein used.herein used.

AND WHEREAS the Purchaser accepted the Tender of the Contract for theAND WHEREAS the Purchaser accepted the Tender of the Contract for the supply and delivery of the said Plant and Machinery for the sum ofsupply and delivery of the said Plant and Machinery for the sum of Rs. ............................... upon the terms and subject to the conditions hereinafterRs. ............................... upon the terms and subject to the conditions hereinafter mentioned.mentioned.

NOW THESE PRESENT WITNESS and the parties hereto hereby agree andNOW THESE PRESENT WITNESS and the parties hereto hereby agree and declare as follows, that is to say, in consideration of the payments to be made to thedeclare as follows, that is to say, in consideration of the payments to be made to the Contractor by the Purchaser as hereinafter mentioned 'the Contractor' shall and willContractor by the Purchaser as hereinafter mentioned 'the Contractor' shall and will duly provide the said Plant and Machinery for the said works on the terms andduly provide the said Plant and Machinery for the said works on the terms and conditions mentioned in the Contract.conditions mentioned in the Contract.

AND in consideration of the due provisions of the said Plant and Machinery byAND in consideration of the due provisions of the said Plant and Machinery by Contract and due performance of his part of the Contract, the Purchaser that he, theContract and due performance of his part of the Contract, the Purchaser that he, the Purchaser, his successor or assigns will pay to the Contractor the said sum ofPurchaser, his successor or assigns will pay to the Contractor the said sum of Rs. ......................... or such other sums as may become payable to the ContractorRs. ......................... or such other sums as may become payable to the Contractor under provisions of this Contract, and such payments to be made at such time and inunder provisions of this Contract, and such payments to be made at such time and in such manner as is provided by this Contract.such manner as is provided by this Contract.

IN WITNESS WHEREOF the parties, hereto have signed this Deed hereunderIN WITNESS WHEREOF the parties, hereto have signed this Deed hereunder on the dates respectively mentioned against the signature of each.on the dates respectively mentioned against the signature of each.

SignedSigned Signed Signed (for and behalf of the Purchaser)(for and behalf of the Purchaser) ContractorContractor

(Date)(Date)byby (Date) (Date) in the presence of in the presence of in the presence of in the presence of and of and of

and ofand of

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FORM OF GUARANTEE BOND FOR 1% SECURITYFORM OF GUARANTEE BOND FOR 1% SECURITY(To be used approved Scheduled Bank)(To be used approved Scheduled Bank)

1.1. In consideration of the Dakshinanchal Vidyut Vitran Nigam Limited,In consideration of the Dakshinanchal Vidyut Vitran Nigam Limited, Agra (hereinafter called 'the Corporation') having agreed toAgra (hereinafter called 'the Corporation') having agreed to exempt .......................................... (hereinafter called 'the contractors') from theexempt .......................................... (hereinafter called 'the contractors') from the demand under the terms and conditions of an Agreement dated .........................demand under the terms and conditions of an Agreement dated ......................... made between ...................................................made between ................................................... and .................................................................... for thereinafter called "the saidand .................................................................... for thereinafter called "the said agreement") of the security deposit for the due fulfillment by the said contractor(s)agreement") of the security deposit for the due fulfillment by the said contractor(s) of the terms and conditions in the said agreement, on production of a Bank Guaranteeof the terms and conditions in the said agreement, on production of a Bank Guarantee for Rs. .............................for Rs. ............................. (Rupees ................................................................................................ only)(Rupees ................................................................................................ only) we ................................................. Bank Ltd., (hereinafter referred to as "thewe ................................................. Bank Ltd., (hereinafter referred to as "the Bank") do hereby undertake to pay to the Corporation an amount not exceedingBank") do hereby undertake to pay to the Corporation an amount not exceeding Rs. ........................... against any loss or damage caused to or suffered or would beRs. ........................... against any loss or damage caused to or suffered or would be caused to or suffered by the corporation by the reason of any breach by saidcaused to or suffered by the corporation by the reason of any breach by said Contractor(s) of any of the terms and conditions contained in the said agreement. Contractor(s) of any of the terms and conditions contained in the said agreement.

2.2. We ................................................... Bank Ltd., do hereby undertakeWe ................................................... Bank Ltd., do hereby undertake to pay the amount due and payable under this guarantee without any demur, merelyto pay the amount due and payable under this guarantee without any demur, merely on demand from the Corporation stating that the amount claimed is due by way ofon demand from the Corporation stating that the amount claimed is due by way of loss or damage caused or would be caused to or suffered by the Corporation byloss or damage caused or would be caused to or suffered by the Corporation by reason of any breach by the said Contractor of any of the terms and conditionsreason of any breach by the said Contractor of any of the terms and conditions contained in the said Agreement or by reason of the Contractor failure to perform thecontained in the said Agreement or by reason of the Contractor failure to perform the said agreement. Any such demand made on the Bank shall be conclusive as regardssaid agreement. Any such demand made on the Bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee. However, our liabilitythe amount due and payable by the Bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding tounder this guarantee shall be restricted to an amount not exceeding to Rs. ...............................................Rs. ...............................................

3.3. We ................................... Bank Ltd., further agree that the guaranteeWe ................................... Bank Ltd., further agree that the guarantee herein contained shall remain in full force, effect during the period that would beherein contained shall remain in full force, effect during the period that would be taken for the performance of the said agreement, and that it shall continue to betaken for the performance of the said agreement, and that it shall continue to be enforceable till all the dues of the corporation under or by virtue of the saidenforceable till all the dues of the corporation under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till theAgreement have been fully paid and its claims satisfied or discharged or till the Corporation or their only Authorised Officer certified that the terms and conditionsCorporation or their only Authorised Officer certified that the terms and conditions of the said agreement have been full and properly carried out by the saidof the said agreement have been full and properly carried out by the said contractor(s) and accordingly discharges the Guarantee. contractor(s) and accordingly discharges the Guarantee.

4.4. We, ...................................... Bank Ltd., further agree with theWe, ...................................... Bank Ltd., further agree with the Corporation shall have the fullest liberty without our consent and without effectingCorporation shall have the fullest liberty without our consent and without effecting any manner of obligations hereunder to vary any of the terms and conditions of theany manner of obligations hereunder to vary any of the terms and conditions of the said agreement or to extend time of performance by the said contractor(s) from timesaid agreement or to extend time of performance by the said contractor(s) from time to time or to postpone for any time or from time to time any of the powersto time or to postpone for any time or from time to time any of the powers exercisable by the Corporation the said contractor(s) and to forbear or enforce any ofexercisable by the Corporation the said contractor(s) and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relievedthe terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation, on extension, or extension beingfrom our liability by reason of any such variation, on extension, or extension being granted to the said contractors(s) or for and for bearance act or commission on thegranted to the said contractors(s) or for and for bearance act or commission on the part of the Corporation or any indulgence by the Corporation to the said contractor(s)part of the Corporation or any indulgence by the Corporation to the said contractor(s) or by any such matter or thing whatsoever which, under the law relating to sureties,or by any such matter or thing whatsoever which, under the law relating to sureties, would but for this provision have effect or so relating us. would but for this provision have effect or so relating us.

5.5. We, ............................... Bank Ltd., lastly undertake not revoke thisWe, ............................... Bank Ltd., lastly undertake not revoke this guarantee during its currency except with the previous consent of the Corporation inguarantee during its currency except with the previous consent of the Corporation in writing. writing.

6.6. Not withstanding anything contained above, the liability of theNot withstanding anything contained above, the liability of the guarantee hereunder is restricted to the said sum of Rs. ................... and thisguarantee hereunder is restricted to the said sum of Rs. ................... and this guarantee shall expire on the ...................... day of .................... 200....... unless aguarantee shall expire on the ...................... day of .................... 200....... unless a claim under the guarantee is filed with the guarantee or within 6 months of such date,claim under the guarantee is filed with the guarantee or within 6 months of such date, all claims shall lapse and the guarantor shall be discharged from the guarantee.all claims shall lapse and the guarantor shall be discharged from the guarantee.

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7.7. We, .................................. (Name of Bank) lastly undertake to pay toWe, .................................. (Name of Bank) lastly undertake to pay to the Corporation any money so demanded not withstanding any dispute or disputesthe Corporation any money so demanded not withstanding any dispute or disputes raised by the contractor(s)/supplier(s) is any suit or proceeding, pending before anyraised by the contractor(s)/supplier(s) is any suit or proceeding, pending before any court or Tribunal relating to arbitration there to or liability under this present beingcourt or Tribunal relating to arbitration there to or liability under this present being absolute and un-equivocal. The payment so made by us under this Bond shall beabsolute and un-equivocal. The payment so made by us under this Bond shall be valid discharge or out liability for payment there under and thevalid discharge or out liability for payment there under and the contractor(s)/supplier(s) shall no claim against us for making such payment.contractor(s)/supplier(s) shall no claim against us for making such payment.

Date ............... days of .................. 20....................Date ............... days of .................. 20....................

for .............................. Bank Ltd.for .............................. Bank Ltd.

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FORM OF BANK GUARANTEEFORM OF BANK GUARANTEE((For depositing Earnest money in case the amount of for deposit exceeds Rs. 5,000/-For depositing Earnest money in case the amount of for deposit exceeds Rs. 5,000/- Bank guarantee should be on a non-judicial Stamp Paper of Rs. 100/- as per presentBank guarantee should be on a non-judicial Stamp Paper of Rs. 100/- as per present Act and should be checked by the Tenderer at the time of issuing to the bankAct and should be checked by the Tenderer at the time of issuing to the bank guarantee for any charge in the stamp value)guarantee for any charge in the stamp value)

To,To,Superintending Engineer (MM)Superintending Engineer (MM)Dakshinanchal Vidyut Vitran Nigam Limited,Dakshinanchal Vidyut Vitran Nigam Limited,Urja Bhawan, 220 KV Sub-Station, Sikandra Urja Bhawan, 220 KV Sub-Station, Sikandra Agra.Agra.

Sir,Sir,WHEREAS, M/s. ........................................................................ a companyWHEREAS, M/s. ........................................................................ a company

incorporated under the Indian Companies Act, its registered officeincorporated under the Indian Companies Act, its registered office at ..................................................................................../a firm registered underat ..................................................................................../a firm registered under the Indian Partnership Act and having its business officethe Indian Partnership Act and having its business office at ..................................................... son of ......................................... resident ofat ..................................................... son of ......................................... resident of ................................................................................ carrying on business under the................................................................................ carrying on business under the firm's name and style of M/s. ................................firm's name and style of M/s. ................................ at .........................................................................................................at ......................................................................................................... Shri .................................................. son of ......................................... resident ofShri .................................................. son of ......................................... resident of ......................................... at ............... Shri ........................ son......................................... at ............... Shri ........................ son of ..................................... resident of ............................................ partnersof ..................................... resident of ............................................ partners carrying on business under the firm's name and style ofcarrying on business under the firm's name and style of M/s. ................................................................. at ................. which isM/s. ................................................................. at ................. which is unregistered partnership (hereinafter "the Tenderer") has/have in response to yourunregistered partnership (hereinafter "the Tenderer") has/have in response to your Tender Notice .................................................. against SpecificationTender Notice .................................................. against Specification Number .......................... for ............................................. offered to supplyNumber .......................... for ............................................. offered to supply and/or execute the works as contained in The Tenderer's Letterand/or execute the works as contained in The Tenderer's Letter No. ..............................................................................................No. ..............................................................................................

AND WHEREAS the Tenderer is required to furnish you a Bank Guarantee forAND WHEREAS the Tenderer is required to furnish you a Bank Guarantee for the sum of Rs.................................................. as Earnest Money against thethe sum of Rs.................................................. as Earnest Money against the Tenderer's offer as aforesaid.Tenderer's offer as aforesaid.

AND WHEREAS we ....................................................................... (NameAND WHEREAS we ....................................................................... (Name of the Bank), have at the request of the Tenderer agree to give you Guarantee asof the Bank), have at the request of the Tenderer agree to give you Guarantee as hereinafter contained:hereinafter contained:

NEW THEREFORE, in consideration of the promise we, the undersigned,NEW THEREFORE, in consideration of the promise we, the undersigned, hereby covenant that the aforesaid Tender of the Tenderer shall remain open forhereby covenant that the aforesaid Tender of the Tenderer shall remain open for acceptance by you during the period of validity as mentioned in the Tender or anyacceptance by you during the period of validity as mentioned in the Tender or any extension therefore as you and the Tenderer may subsequently agree and if theextension therefore as you and the Tenderer may subsequently agree and if the Tenderer shall for any reason back out, whether expressly or impliedly, from his saidTenderer shall for any reason back out, whether expressly or impliedly, from his said Tender during the period of its validity or any extension there of as aforesaid, weTender during the period of its validity or any extension there of as aforesaid, we hereby Guarantee to you the payment of the sum of Rs. ................................... onhereby Guarantee to you the payment of the sum of Rs. ................................... on demand, notwithstanding the existence of any dispute between thedemand, notwithstanding the existence of any dispute between the DAKSHINANCHAL VIDYUT VITRAN NIGAM LIMITED and the Tenderer in thisDAKSHINANCHAL VIDYUT VITRAN NIGAM LIMITED and the Tenderer in this regard AND we hereby further agree as follows:regard AND we hereby further agree as follows:

( a)( a ) That you may without affecting this guarantee grant time or other indulgenceThat you may without affecting this guarantee grant time or other indulgence to or negotiate further with the Tenderer in regard to the conditions containedto or negotiate further with the Tenderer in regard to the conditions contained in the said Tender and hereby modify these conditions or add there conditionsin the said Tender and hereby modify these conditions or add there conditions or add thereto any further conditions as may be mutually agreed upon betweenor add thereto any further conditions as may be mutually agreed upon between you and Tenderer.you and Tenderer.

(b)(b) That the Guarantee herein before contained shall not be affected by any chargeThat the Guarantee herein before contained shall not be affected by any charge in the constitution of our Bank or in the constitution of the Tenderer.in the constitution of our Bank or in the constitution of the Tenderer.

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( c )( c ) That any account settled between you and the Tenderer shall be conclusiveThat any account settled between you and the Tenderer shall be conclusive evidence against us of the amount due hereunder and shall not be questionedevidence against us of the amount due hereunder and shall not be questioned by us. by us.

( d )( d ) That this Guarantee commences from the date here of and shall remain in forceThat this Guarantee commences from the date here of and shall remain in force till the Tenderer, if his Tender is accepted by you furnishes the security astill the Tenderer, if his Tender is accepted by you furnishes the security as required under the said Specifications and executes a formal Agreement asrequired under the said Specifications and executes a formal Agreement as therein provided or till four months after the period of validity or the extendedtherein provided or till four months after the period of validity or the extended period of validity, as the case may be, of the Tender whichever is earlier. period of validity, as the case may be, of the Tender whichever is earlier.

( e )( e ) Not withstanding any thing contained above the liability of the GuarantorNot withstanding any thing contained above the liability of the Guarantor hereunder is registered to the said sum ofhereunder is registered to the said sum of Rs. ................ ........................................... and this Guarantee shall expireRs. ................ ........................................... and this Guarantee shall expire on the day of ................................................. 200..... unless a claim underon the day of ................................................. 200..... unless a claim under the Guarantee is filed with the Guarantee within six months of such date allthe Guarantee is filed with the Guarantee within six months of such date all claims shall lapse and the Guarantor shall be discharged from the Guarantee.claims shall lapse and the Guarantor shall be discharged from the Guarantee.

(f)(f) That the expressions "the Tenderer" and "the Bank", the Dakshinanchal VidyutThat the expressions "the Tenderer" and "the Bank", the Dakshinanchal Vidyut Vitran Nigam Limited herein used shall, unless such interpretation isVitran Nigam Limited herein used shall, unless such interpretation is repugnant to the subject or context, include their respective successors andrepugnant to the subject or context, include their respective successors and assigns. assigns.

Yours faithfully,Yours faithfully,

Note: The bank guarantee should be exactly in this proforma without making anyNote: The bank guarantee should be exactly in this proforma without making any change or deletion. change or deletion.

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Tender Spec. No. DVVNL-MM/1565-2015 Page No.61

TECHNICAL SPECIFICATIONS FOR 1 PHASE L.T. DISTRIBUTION BOX FOR AERIAL BUNCHED CABLE

1 SCOPE:-

a) The Specification covers the design, manufacture and testing of Molded Distribution Box to provide service connection to LT Line Consumers through over head ABC line.

b) The LT Distribution Box should be suitable for Outdoor use and will be installed at the poles.

c) The Distribution box should be anti corrosive, dust proof , rust proof, shock proof, vermin proof, U.V. stabilized and flame retardant property. Base door or other joint should not bend or soften on heating so as to ensure tamper proof construction.

d) The Distribution box should not melt at high temperature. .

e) The body of box should be single piece moulded without any construction joint. Door will also single piece moulded in one door or double door construction as per specific requirement.

2 MATERIAL OF DISTRIBUTION BOX:

a) Material of construction of distribution Box shall be THERMOSETTING PLASTIC i.e. Glass Fiber Reinforced Polyester Sheet Moulding Compound (SMC) as per IS: 13410-1992 and confirming to the requirements of this specification/GTP.

b) Material of box should withstand temperature rise, hot spot temperature and occasional arcing bas box.

c) All other MS part should be anti corrosive treated.

3 CONSTRUCTION:

a) Distribution box shall comprise of SMC moulded base and SMC moulded door of in single piece moulded construction without fabrication joints.

b) Concealed hinges should fix the base and cover, with hardware from inside in such a manner that it can’t be manipulated from outside.

c) The door in closed position should be overlapped on base such that direct entry of screwdriver, tool or rod is not possible.

d) Wall mounting holes should be made. e) Provision of wire seal should be made. f) Cable entry holes should be provided PVC Plug. g) Earthing bolt shall be provided as shown in drawing. h) All the corners of the meter box should be round. i) The box should have sealing as well as pad locking arrangement.

4 DESIGN: a) The Distribution Box shall have 1 Phase & 1 neutral Bus bar of Aluminium of size 25x6x235 mm long. The Bus bars shall be provided with colour coding for identification. Each Bus bar shall be provided with facility of cable termination as under:- (i) Incoming : 1 No lead for each bus bar, thus 2 polymeric gland of 25 mm dia at bottom. (ii) Outgoing : Six leads per phase, thus 6 nos. 10 mm dia holes with rubber grommets i.e. 3 hole on each Side wall with rubber covers.c) To facilitate easy working on termination on bus bar, the arrangement for termination of each lead

should be have 6 mm dia holes duly fitted with M 6 x 20 screw, 1 custom designed /Aluminum palm washer, 1 washer, 1 spring washer and 1fly nut as shown in drawing.

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Tender Spec. No. DVVNL-MM/1565-2015 Page No.62

c) The individual Al. Bus bar shall be mounted on SMC Step mounting arrangement on each side. The maintained between Bus bar to side wall and 50 mm from top and bottom of Box wall. This clearance will provided adequate space for working as well as bending of wires. Also there should be minimum clearance of 40 mm between bus bars so as to take care of clearance and creepage distance requirements in line with IS:13947.

d) The dimension of box shall be 390 x 225 x 140 mm. Thickness of box shall be 3 mm. 5 COLOUR :

The coloour of Box should be of Off White such that it does not absorb heat of Solar Radiation Reprocessible plastic and of dark colour will not be acceptable.

6 MARKING: Each Box shall be legible marked as under “DVVNL PROPERTY” 1. Manufacturer’s name 2. Danger Logo

7 DRAWING: Refer to enclosed drawing (Annex-I)8 GUARANTEED TECHNICAL PARTICULARS: Given in the enclosed Annex-II.9 TESTING One sample selected from first lot should be tested at Govt. approved independent test house for

compliance of performance parameters as given in GTP including Material identification to be carried out by CIPET/IR Spectrometry. The test report should be submitted to purchaser before completion or order. Inspection of each lot, sampling plans for test: 1 nos. selected randomly from Lot for testing at works.

Sr. No. Test requirement of Meter Box Reference Standards

(a) Marking IS: 14772 (b) Dimensions and construction -D0- (c) Heat Deflection Temperature (Min. 1500 C) IS:13411/ISO 75-III (d) Spirit Burner Test (Self Extinguishing) IS:4249 (e) Melting Point (Does Not Melt Test up to 2500C) IS:13360 part 6 Sec 10, 1992

Section 1 method ‘A’ Capillary Tube Method

10 SPECIFIC REQUIREMENT:

Thickness of SMC Box - 3 mm (Min) Dimension - 390(H)x225(W)x140(D) mm. No. of doors - Single door hinged type

*****

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Tender Spec. No. DVVNL-MM/1565-2015 Page No.63

PRE QUALIFYING CONDITIONS FOR TENDERS

1. Manufacturer : The tenderes shall themselves be manufactures of SMC LT Distribution Box.

2. Turnover Requirment :

The bidder should have a minimum average annual turnover of Rs. Ten Crore for best three years out of last five financial years. The audited balance sheet/CA's certificate shall be enclosed in support of above, failing which the bid shall not be considered.

3. Operational Experience:

Offered equipment should have given three years proven trouble free operational service in tropical climate prevailing in India.

4. Manufacturing experience:

The tenderes must have experience of supplying 30% of tendered quantity to Government/government undertaking/power utilities companies directly failing which their offer part-II (price bid) may not be considered for opening.

5. The copy of Purchase Orders & Performance Certificates are to be enclosed with offer in support of manufacturing & supply experience otherwise offer may not be considered.

6. Testing Facilites :

The tenderer must have all necessary facilities at their works for carrying out such routine and acceptance tests as prescribed in the relevant ISS and any other routine and acceptance test as specified in the specification. documentary evidence of existence of such facilities will be filed along with the tender.

7. Type Test: For indigenous bids or fully imported bids : The offered equipment i.e. SMC Single Phase LT Distribution Box must have been fully type tested as per relevant ISS and/or any other specified international standards during the last 5-year period to be reckoned from the date of opening of tender. Photocopy of such type test reports/certificates must be submitted along with tender bid. The type test certificates of proto type manufactured and tested by foreign collaborators of the tenderer at their works shall not be acceptable for indigenously manufactured equipment.

For indigenous bids under valid foreign collaboration.

The offered indigenously manufactured or collaborators manufactured equipment should have been type tested and report submitted with the tender.

The collaborator's equipment shall be three years' operating experience under tropical climate.

IMPORTANT :

The tenderers shall submit one sample along with the tender mandatory. A copy of test certificates of all tests viz. Type tests routine tests and acceptance tests performed for those samples shall also be submitted along with the sample. Tender Bid-Part-II (Price Bid) of only those tenderers shall be opened whose samples shall be found in accordance with the technical specifications.

NOTE: This above mentioned PQR shall prevail over PQR mentioned elsewhere in any place in these tender documents. All instruction and terms and conditions of instruction to tenderers and Form B other than mentioned above shall remain unchanged.

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Tender Spec. No. DVVNL-MM/1565-2015 Page No.64

GUARANTEED TECHNICAL PARTICULARS FOR SINGLE PHASE L.T. DISTRIBUTION BOX

Sl.No. Particular Detailed Particulars Offered1. Material Thermosetting Plastic Thermosetting Plastic2. Grade of Material SMC IS: 13410 SMC IS: 134103. Thickness of Box 3 mm 3 mm4. Properties of Material of Construction of Boxa) Heat Deflection Temp. (Ref

Standard IS: 13411/ISO 75-III)150 0 C (Minimum) 150 0 C (Minimum)

b) Exposure to flame(Ref. Standard IS: 4249)

Self Extinguishing Self Extinguishing

c) Melting Point (Test up to 2500 C) IS: 13360 part 6 Sec 10, 1992 Section 1 method ‘A’ Capillary Tube Method

Does Not Melt Does Not Melt

d) Temper Proof Box could not be tempered thru Hot Soldering Iron

Box could not be tempered thru Hot Soldering Iron

5. Dimensions of Box Refer Drawing Refer Drawing

a) Height 390 mm 390 mmb) Width 225 mm 225 mmc) Depth 140 mm 140 mm6 Earthing Arrangementa) No of earth bolts 1 Nos. 1 Nos.b) Material of earthing bolt MSZP MSZPc) Dia. & length of bolts M6 X 25 M6 X 257. Sealing Arrangement 02 No. on door 02 No. on door8. Facility of locking Hole for locking

arrangementHole for locking arrangement

9. Colour of box Off white Off white10 Cable Entry and Exit Arrangementa) Incoming Ø 25 PVC gland at bottom

2 NosØ 25 PVC gland at bottom 2 Nos

b) Outgoing Ø 10 holes with rubber grommet 6 nos. (3 Nos. on each side)

Ø 10 holes with rubber grommet 6 nos. (3 Nos. on each side)

11 Bus Barsa) Bus Bars MoC Aluminum Aluminumb) Phase & Neutral Bus bar Size 25 x 6 mm, 235 mm long

(P.N)25 x 6 mm, 235 mm long (P.N)

c) No. of connection on each Bus Bar O/G 6 Nos. service connection I/C: 1 no.

O/G 6 Nos. service connection I/C: 1 no.

d) Connection arrangement As per drawing As per drawing12 Clearancesa) Bus Bar & Box wall Min 50 mm on sides wall

and 50 mm from Top and Bottom

Min 50 mm on sides wall and 50 mm from Top and Bottom

b) Between Bus Bars Min 40 mm Min 40 mm13 Bus Bar Mounting arrangementa) Arrangement Stepped mounting Stepped mounting

b) Bus Bar mounting SMC Step mounting SMC Step mounting

14 Pole Mounting ArrangementBack strips for pole/wall structure mounting

25 X 3 mm, Zinc passiated MS flats with hole for 12 mm dia bolts.

25 X 3 mm, Zinc passiated MS flats with hole for 12 mm dia bolts.

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Tender Spec. No. DVVNL-MM/1565-2015 Page No.65

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Tender Spec. No. DVVNL-MM/1565-2015 Page No.66

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Tender Spec. No. DVVNL-MM/1565-2015 Page No.67

PRICES

Before filing the schedule of prices in Schedule 'P' the tenderers are required to refer to terms and conditions given hereinafter:

l.0l The tenderers are to quote FIRM prices of the material in rupees F.O.R.

destination railway station rate including transit insurance plus 30 days

thereafter with packing forwarding and freight are to be given separately.

Breakup of F.O.R. price into ex-works and packing charges and freight,

forwarding and insurance required in the schedule should be given. The

prevailing rate excise duty and central/state sales tax on the finished product

must be clearly stated.

l.02 The tenderers shall quote prices exclusive of excise duty in case the same

are quoted inclusive of excise duty the element of excise duty included

should be specified clearly.

l.03 No variation on account of variation in transport charges or raw material

from Supplier/Works/Depots to supplier works or price of other materials

required in the manufacture, or taxes and duties on intermediate products or

railway freight or packing and forwarding charges or wages exhalation and

other incidents if any, shall be entertained. Tenderers stipulating variation on

any of the above ground or any such sort of stipulation may be summarily

rejected.

*****

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Tender Spec. No. DVVNL-MM/1565-2015 Page No.68

QUANTITY, EARNEST MONEY & DESIRED DILIVERY SCHEDULE

1.01 The part-I of tender bid shall contain the Earnest Money.

1.02 The Bidders must be manufacturer of tendered item otherwise their offer will not be considered.

1.03 The tenderers must submit offer for minimum 20% of tendered quantity otherwise their offer will not be accepted. Tenderers will submit Earnest Money in proportionate to their offered quantity. The Earnest Money for the full tendered quantity shall be as under:-

Sl. No. Item Quantity

(Nos.)Amount(In Rs.)

Desired Delivery Schedule for full tendered quantity

1.

SMC LT Distribution Box for Aerial Bunched

Conductor(ABC) (1-Phase)

8550 64125-00

Within four months from issue of LOI/PO on monthly pro-rata basis.

The details must be given in the tender Bid-I (Earnest Money) clearly regarding quantities offered and earnest money being furnished.

1.04 The validity of Bank Guarantee towards Earnest Money shall in any case, not be less than the period of 270 days from the date of Opening of tender with a claim period of six months thereafter, as per Clause ‘d’ and ‘e’ Bank Guarantee Performa enclosed otherwise tender shall be treated as without valid Earnest Money .

If may be noted that if Earnest Money offered is not valid as per provision, Tender Bid Part-II shall not be opened.

DVVNL Bank Details are as under:-Name of Bank : Bank of BarodaName of Branch : Lawers Colony, Agra Account No. : 22390200000177IFSC Code : BARBOLAWERS

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