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T.N:NESCO/CAPEX/SUPPLY &INSTALLATION/15, DTD.21.01.13 Page 1 North Eastern Electricity Supply Company of Odisha Limited (NESCO) *********************************************** TENDER NOTICE NO. NESCO/ CAPEX/SUPPLY & INSTALLATION / 15 Dt..21.01.13 GROUP A: Turnkey work (Supply & Erection of Electrical items) GROUP B : Supply & Installation of Earthing for S/S , Capacitor Bank , PSC Pole & DTR Metering. GROUP C: Supply of 1Ph. Phase Energy Meter, HT & LT Accucheck DATE OF OPENING OF TENDER: 25.02.13 TIME OF OPENING OF TENDER: 3.30 PM PLACE: Corporate Office, NESCO, Januganj, Balasore 75601

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Page 1: North Eastern Electricity Supply Company of Odisha … · North Eastern Electricity Supply Company of Odisha ... IV TECHNICAL SPECIFICATIONS FOR GROUP-A ... North Eastern Electricity

T . N : N E S C O / C A P E X / S U P P L Y & I N S T A L L A T I O N / 1 5 , D T D . 2 1 . 0 1 . 1 3

Page 1

North Eastern Electricity Supply Company of Odisha

Limited (NESCO) ***********************************************

TENDER NOTICE NO.

NESCO/ CAPEX/SUPPLY & INSTALLATION

/ 15 Dt..21.01.13

GROUP A: Turnkey work (Supply & Erection

of Electrical items)

GROUP B : Supply & Installation of Earthing

for S/S , Capacitor Bank , PSC Pole

& DTR Metering.

GROUP C: Supply of 1Ph. Phase Energy Meter,

HT & LT Accucheck

DATE OF OPENING OF TENDER: 25.02.13

TIME OF OPENING OF TENDER: 3.30 PM

PLACE: Corporate Office, NESCO, Januganj,

Balasore – 75601

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NORTH EASTERN ELECTRICITY SUPPLY COMPANY OF ODISHA (NESCO)

CORPORATE OFFICE, JANUGANJ, BALASORE -756019 , PH. 06782 269864, FAX.06782 263259,

E mail: [email protected]

INDEX

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Page 2

SECTION NO DESCRIPTIO

N

PAGE NO

TENDER NOTICE 3-4

SECTION-I INVITATION FOR BIDS (IFB) 5-12

SECTION-II INSTRUCTION TO BIDDERS (ITB) 13-22

SECTION-III GENERAL TERMS & CONDITIONS OF CONTRACTS (GTCC) 23-50

SECTION - IV TECHNICAL SPECIFICATIONS FOR GROUP-A ( 1-342), GROUP-B (1-76)

& GROUP – C(1-67) (Refer separate file for each group)

51

SECTION-V ANNEXURES (Gr. A & Gr. B) 52

ANNEXURE-I BID PROPOSAL LETTER 53-58

ANNEXURE-II DECLARATION FORM 59 ANNEXURE-III PBG FORMAT 60-62 ANNEXURE-IV BANK GUARANTEE FOR ADVANCE PAYMENT 63-65 ANNEXURE-V POWER OF ATTORNEY FOR JOINT VENTURE 66-67

ANNEXURE-VI JOINT VENTURE AGREEMENT 68-73

ANNEXURE-VII (A&B) LETTER OF COMPLIANCE 74-79

ANNEXURE-VIII COMMERCIAL DEVIATIONS 80

ANNEXURE-IX TECHNICAL DEVIATIONS 81

ANNEXURE-X ADDITIONAL INFORMATION 82

ANNEXURE-XI BOUGHT OUT AND SUB CONTRACT 83

ANNEXURE-XII WORKS COMPLETION SCHEDULE 84

ANNEXURE-XIII CHECK LIST 85-86

ANNEXURE-XIV PROFORMA FOR INDEMENITY BOND 87-89

ANNEXURE-XV SELF DECLARATION FORM 90

ANNEXURE-XVI (A&B) PROFORMA FOR BG FOR EANEST BANK

GUARANTEE & EXTENTION THEREOFF

91-93

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North Eastern Electricity Supply Company of Odisha

Limited (NESCO)

TENDER NOTICE

Tender Notice No. NESCO/CAPEX/INSTALLATION/15 , Dated: 21.01.13

For and on behalf of North Eastern Electricity Supply Company of Orissa Ltd. (NESCO),

the undersigned invites sealed bids in duplicate on two part bidding system from qualified and

eligible bidders, having valid HT Electrical License for Turnkey works under Group-A & Group-B and

reputed manufacturers for Group C items under CAPEX Scheme , who comply with the terms and

conditions for the following works to be executed in the NESCO area in the State of Odisha .

The tender document will be available from this office during office hours on working days or from the

website of NESCO i.e www.nescoorissa.com on payment in shape of Bank Draft in favour of NESCO Ltd. ,

Balasore as per below scheduled.

Group

Item Sl.

No.

Item Description

Estimated

Cost

(Rs. in Cr.)

EMD Cost of Bid document

Group-A 1 Balasore Electrical Division

( Turnkey Package-I)

2.06

@1% of the total offered

price

Rs.15,000.00 + VAT@5%

( non -refundable)

2 Anandapur Electrical Division ( Turnkey Package-II)

6.54

3 Joda Electrical Division ( Turnkey Package-III)

3.60

4 Keonjhar Electrical Division

( Turnkey Package-IV)

3.20

Group - B 1 Supply & Installation of Earthing of Sub-station at different location 1.84

@1% of the total offered

price

Rs.10,000.00 + VAT@ 5%

( non -refundable)

2 Supply and Erection of 11 KV Capacitor Bank at different location 0.75

3 Supply & Installation of PSC pole against replacement at different location

i) 8m x200 Kg. PSC Pole 1.74

ii) 9m x300 KG PSC Poles 1.3

4. Supply & Installation of DTR metering

for 25 KVA Transformer & Below .

8.0

Group-C 1 Supply of Single Phase Energy Meter 21.2 @1% of

the total

offered

price

Rs.15,000.00

+ VAT@ 5%

( non -

refundable)

2 Supply of HT & LT Accucheck 1.95

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TIME SCHEDULES:-

1 Sale of Tender Documents: Dt.24.01.13 to Dt.21.02.13 up to 5.0 PM

2 Pre-Bid Discussion At 11.0 AM of 14.2.13 for Gr. A , Dt.15.2.13 for Gr.B & Dt. 16.2.13 for Gr.C

4 The Last Date & Time of receipt of Tenders Dt. 24.02.13 up to 5.0 PM

5 Date & Time for Opening of Tender

i)Techno- Commercial Bid

Dt.25.02.13 at 3.30 PM

ii) Price Bid 08.03.13 at 10.30AM (tentative)

NB : i) In the event the date of submission of tender is a holiday / Sunday the next immediate working day up to 2.0 PM may be considered. ii) In the event the date of opening is a holiday, the next working day shall be treated as the

date of opening

The intending bidders can also download the tender document from our website

www.nescoodisha.com. However the bidder has to furnish a Demand Draft drawn on any

Scheduled Bank in favour of “North Eastern Electricity Supply of Orissa Ltd” payable at

Bhubaneswar for the cost of the Tender Paper indicated above, along with his bid, failing of

which the bid will be rejected outright. In the event of any specified date for the sale, submission or

opening of bids being declared as holiday for NESCO, the bids will be sold / received / opened

up at the appointed time on the next working day. NESCO also reserves the right to accept or

reject any or all tenders without assigning any reason thereof, if the situation so warrants.

For detail Tender Specification & Terms and Conditions, please visit our website

www.nescoodisha.com

Dy. General Manager (Purchase & Store) NESCO, Balasore, Odisha

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SECTION – I

INVITATION FOR BIDS (IFB)

TENDER NOTICE NO: NESCO/CAPEX/ SUPPLY &

INSTALLATION/15

Date: 21.01.13

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GROUP A & B

North Eastern Electricity Supply Company of Odisha

Limited (NESCO)

1.0 NESCO invites sealed tenders from qualified and eligible bidders, having valid HT

Electrical License for Turnkey works under Group-A & Group-B with required license, either

in individual capacity or as part of a joint venture agreement / consortium for

carrying out various Electrical Installation works on „Turnkey‟ basis in the jurisdiction of

their respective licensed area . The bidder must fulfill all the qualification requirements

as specified in clause 2.0 stated below. The sealed envelopes shall be duly super scribed

as “TENDER NOTICE No: NESCO/CAPEX / SUPPLY & INSTALLATION / 15,

Dated 21.01.13 , Due date of opening 25.02.13 .

2.0 Bidders to be considered as eligible (to bid) should meet the following qualifications for

Group A & B :

(a) Bidder may quote for any one package or for multiple packages; however, bidder

must quote for the entire quantum of works specified under each such package(s).

(b) The bidder should have installed and commissioned the quantum of work as specified

with respect to qualifying criteria (Work experience)

(i) For construction/up-gradation of any no. of 33/11 KV Sub-Station(s), the bidder(s)

should have executed/up-graded at least one no. of 33/11 KV Sub-Station.

(Note: This is applicable only where the scope involves for construction/up-

gradation of 33/11 KV Sub-Station.)

(ii) For construction/up-gradation/renovation of 33 KV & 11 KV OH Lines taken

together, the bidder(s) should have executed/upgraded/renovated at least 50% of the 11

KV and higher voltage lines.

(Note: Where the scope of works for said line works together exceeds 150 Kms in

one package, the qualifying works experience shall be limited to 75 Km.)

(iii) For construction/up-gradation/renovation of 11/0.4 KV S/S, the bidder (s) should

have executed/upgraded/renovated at least 5 no. of 11/0.4 KV S/S and higher voltage S/S.

(iv) For construction/up-gradation of LT line, the bidder(s) should have executed/up- graded

at least 10 Kms of LT Lines or 5 Kms of HT Line.

v) The bidder should furnish the similar work experience for Supply & Installation of

Earthing of Sub-station, Capacitor Bank , replacement of damage pole by new PSC poles

and DTR metering.

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TABLE - A

PACKAGE WISE MINIMMUM QUALIFYING REQUIREMENTS - NESCO

Division

Construction of

New/Up-

gradation 33/11

Kv Sub-Station

in Nos.

Construction of

New/Up-

gradation/Renovati

on of 11 Kv Line or

higher Voltage in Km

LT Lines/AB

Cabling/Higher

Voltage Lines in

Km

Construction of

New/Up-gradation

of 11 Kv Sub-

Station in Nos.

Balasore Electrical

Division

0

38

10 Km. LT line or

5 Km. HT Line

5 No. 11/0.4 KV

S/S

Anandapur Electrical

Division 0 75

10 Km. LT line or 5

Km. HT Line

5 No. 11/0.4 KV

S/S

Joda Electrical

Division

0

54

10 Km. LT line or

5 Km. HT Line

5 No. 11/0.4 KV

S/S

Keonjhar Electrical

Division

0

48

10 Km. LT line or

5 Km. HT Line

5 No. 11/0.4 KV

S/S

“The bidder must have executed the quantum of work as mentioned in the Table A above during the

last three financial years preceding to the year of tender notification and should have successful

operation of minimum period of one year. Bidder must enclose copies of the relevant work orders

along with client certified copies of Final Invoices and/or Performance Certificates dully signed by

the competent authority of the client and/or Final Inspection certificate issued by Electrical

Inspector in proof of having executed the desired quantum of works during the last three financial

years.”

(c) If the bidder(s) participate in multiple packages, the qualifying requirement for work

experience shall be considered /evaluated independently/separately for each package.

However, the qualifying requirement for Turn Over shall be added together to

qualify the Turnover requirement for each package(s).

No bidder shall be awarded work order for more than Two (2) Packages

irrespective of nos. of packages for which he has submitted the bid.

(d) The minimum average Annual Turnover of the bidder in any best three financial years

out of last five financial years should not be less than 50% of the estimated value of all

the items quoted by the bidder(s).

(e) Bidder shall be financially sound and stable having liquid assets as stated in the

enclosed format and/or access to credit facility of not less than one fifth of estimated cost

of the package(s) for which he has submitted the bid.

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NB: 1) Only cash at bank / in hand & fixed deposit mentioned 3 in the audited

balance sheet of last FY shall be considered for accessing the Liquid Asset.

2) The average unutilized credit limit during the month prior to the month of

bidding shall be considered to access the credit facility.

(f) Two or more like minded contractor(s) and/or manufacturer(s) of electrical items,

which are under scope of supply of the contractor as per this tender specification, may

form a joint venture/ consortium agreement amongst themselves and apply against this

tender specification, provided they qualify the criteria. The sample format of joint venture

/ consortium agreement is enclosed at Section – V of this tender specification as

Annexure - VI.

NOTE: 1) Joint Venture/Consortium Partner shall be limiting to 04 (Four) Members.

2) One of the Members shall be a Electrical Contractor having valid HT License.

3) Work Order shall be issued in favour of the Lead Partner only

However, if the bidder is quoting against one or more package(s) in his individual

capacity, he cannot be a part of joint venture / consortium agreement to participate in

same package(s) as notified against this tender specification & vice versa.

(g) If the work experience of one partner is not meeting the entire qualifying criteria, the

work experience of the other partner (s) specified in the scope of work shall be added

for qualifying the bid in total.

Lead Partner shall have minimum 50% of Turn Over & 50% of work

experience and other partner(s) together shall have balance 50% Turn over &

Work experience.

(h) One of the partners shall be nominated as Lead Partner and the lead partner shall be

authorized to incur liabilities and receive instructions for and on behalf of all partners of

the joint venture / consortium and entire execution of the contract including receipt of

payments shall be done exclusively through the lead partner. This authorization shall be

evidenced by submitting by a Power of Attorney signed by legally authorized signatories

of all partners.

(i) All partners of joint venture / consortium shall be liable jointly and severally for the

execution of contract in accordance with the contract terms and a copy of the agreement

entered into by the joint venture / consortium partners having such a provision shall be

submitted with the Bid. A statement to this effect shall be included in the authorization

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mentioned as above as well as in the Bid form and in Contract form (in case of a

successful bid).

(J) a) In addition to above the bidder(s)/Lead Partner of the bidder(s) should submit

the following documents in part-I bid as qualifying terms.

i. Valid electrical (HT) license for electrical works.

ii. EPF registration

iii. PAN & TIN No.

b) The bidder(s)/Lead Partner of the bidder(s) shall have to furnish service tax

registration, ESI and Labor license within 45 days of receipt of the order.

(k) The bidders who have earlier failed to execute the work order(s) of NESCO shall not be

eligible to participate in this tender.

(l) NESCO reserves the right to waive minor deviation, if they do not materially affect the

capacity of the bidder to perform the contract.

3.0 Bids specification document can be obtained from the office of the undersigned on

payment of Rs. 15,000/- plus 5 % VAT (Total Rs. 15,750/-) for Group A & Rs.

10,000/- plus 5% VAT ( Total Rs. 10500/-) for Group B towards non-refundable cost of

bid documents through Bank DD drawn in favour of “North Eastern Electricity

Supply Company of Orissa Ltd.” payable at Balasore, during office hours

till 21.02.13 upto 5.0 PM .

GROUP C

4.0 For and on behalf of the NESCO, the undersigned invites bids under two part bidding system in sealed cover in duplicate duly superscribed with tender Notice no- NESCO/CAPEX/SUPPLY & INSTALLATION/15,Date: 21.01.13 from the reputed manufacturers only for design, manufacture, supply, testing, inspection, , transportation including guaranteed obligation for supply of Materials under Group C : Single Phase Energy Meter and HT & LT Accucheck .

4.1 Submission of the Bids:

4.11

The Bidders are required to submit a detailed and comprehensive bid, consisting of Technical and Commercial Proposal and conditions / schedule of non-compliance, if any. The submission of the Bids shall be in the manner specified in the instruction to Bidders. The due date of submission shall be 24.02.13 up-to 5.0 PM.

4.12 NESCO will not be responsible for any costs or expenses incurred by bidders in connection

with the preparation and delivery of bids.

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4.13 Tender will be summarily rejected if:

(i). Earnest Money deposit @ 1% (Two percent) of the Tender value is not deposited in

shape of Bank Draft in favor of North Eastern Electricity Supply Company of

Odisha Ltd., payable at Balasore. The EMD already submitted against previous

Tenders, if any, will not be adjusted towards Bid Security against this Tender.

(ii). The offer does not contain “FOR, Balasore store/ Jajpur Road store price indicating

break-up towards all taxes & duties”.

(iii). Complete Technical details are not enclosed.

(iv). Tender is received after due time due to any reason.

4.14 Qualification Criteria:-

The prospective bidder must qualify all of the following requirements to be eligible to

participate in the bidding.

a) The bidder must be a manufacturer of energy meters. The manufacturer must have

valid BIS certificate for manufacturing of meters.

b) The bidder should have have successfully carried out Type Test on similar type of

meter from any NABL Accredited Laboratory. The said Type Test report should not be

prior to 3 (Three) years prior to the last date of submission of the Technical bid.

c) Bidder must quote for at least 50% of the tender quantity.

d) The bid shall be accompanied by user‟s certificate from any Distribution Utility/

Reputed Private Organization/ State Govt./ Central Govt. or their undertaking(s) in

support of satisfactory performance of their above materials supplied earlier to them.

The bidder should enclose copies of purchase orders & performance

certificates from above users as proof of successful operation in field.

4.15 Bids specification document can be obtained from the office of the undersigned on

payment of Rs. 15,000/- plus 5 % VAT (Total Rs. 15,750/-) for Group C towards non-

refundable cost of bid documents through Bank DD drawn in favour of “North

Eastern Electricity Supply Company of Orissa Ltd.” payable at Balasore, during

office hours till 21.02.13 upto 5.0 PM.

4.16 Financial:

The minimum average annual turnover of the intending bidder should not be less than two

times of the estimated cost of the quantity offered by the bidder during best three financial

years out of immediate past 5 financial years.

Sl.

No.

Description of Materials Minimum Qualifying requirement for

100% Tender quantity (Rs. in Cr.) 1 Single Phase Meter (Optical port) 42.0 2 Supply of HT & LT Accucheck 4.0

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NB: Bidders offering multiple items must meet the sum of minimum turn over requirements

of above items as indicated above. Accordingly bidders must furnish self attested audited

Annual Accounts of past 3 best financial year / 5 years to establish their Turnover

requirement.

5.0 Project Completion Schedules & EMD :

Description Date

Issue of LOI / Purchase Order Within 30 days from the date of opening of price bid (tentative).

Supply completion Supply to be completed in a phased manner within 180 days

from the date of LOI or Purchase Order which ever is earlier.

Cost of Tender Paper

(Non-Refundable)

Rs. 15750.00 (Rupees fifteen thousand Seven hundred f i f t y only

including VAT@5%) for Gr.A & Gr.C and Rs. 10500 ( Rupees ten

thousand Five hundred only including VAT@5% ) in shape of

Account Payee demand draft issued in favour of the North Eastern

Electricity Supply Company of Odisha Ltd payable at

Balasore

Amount of E.M.D payable 1% of total offered price in Group wise in shape of account payee

demand draft / Bank Guarantee in favour of the “North Eastern

Electricity Supply Company of Odisha Ltd.

6.0 The tender documents can also be downloaded from any of the following websites

www.nescoodisha.com. In case tender papers are downloaded from these websites, then

the bidder has to enclose a Demand Draft, drawn on any Scheduled bank in favour of

“North Eastern Electricity Supply Company of Orissa Ltd. payable at Bhubaneswar,

covering the cost of bid documents as stated above in a separate envelope with suitable

superscription “Cost of Bid Documents: Tender Notice No.: …………………”. This

envelope should accompany the Bid Documents.

7.0 The Bids shall be submitted in complete shape separately in sealed

envelop for each Group and received in the office of the undersigned on all

office working days up to 5.0 PM of Date 24.02.13. In the event the date of opening is

a holiday, the next working day shall be treated as the date of opening

8.0 Part-I of the bid (Technical Bid) will be opened on Dated 25.02.13 at 3.30 PM as

indicated above, in the presence of the authorized representatives of the Bidders. Bidders

shall depute only one representative to attend pre bid meeting and tender opening if

theywish to be represented. The undersigned reserves the right to reject any or all

tenders if the situations so warrants.

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8.0 NESCO reserves the right to cancel, postpone, withdraw the invitation for Bids without

assigning any reason thereof and shall bear no liability whatsoever consequent upon such a

decision if the situation so warrants.

9.0 All correspondence with regard to the above shall be made to the following address:

CAPEX CELL

NESCO, Corporate Office, Januganj, Balasore-756019, ODISHA Ph. No.06782 269864 , Fax: 06782 263259

Email: [email protected]

Dy. General Mamager (P&S)

NESCO, Balasore , Odisha

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SECTION – II

INSTRUCTION TO BIDDERS (ITB)

TENDER NOTICE NO: NESCO/CAPEX/ SUPPLY &

INSTALLATION/15

Date: 21.01.13

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SECTION –II

INSTRUCTION TO BIDDERS (ITB)

1.1 NESCO hereinafter referred to as the “Owner” is desirous of execution various electrical

works through Turnkey for supply and installation of electrical items (Package I to IV) under

Group-A, Supply & Installation of Earthing of Sub-station, Capacitor Bank, PSC Poles,DTR

Metering under Group-B and procuring Single Phase Static Energy Meters with LCD Display

& Optical Port & HT & LT Accucheck under Group – C , to be installed under the CAPEX

Programme within their respective licensed area in the state of Orissa .

2. SCOPE OF WORK: 2.1 The scope shall include Design, Drawing, Construction , procurement , Manufacture, and

Shop Testing at works conforming to the Technical Specifications enclosed along with Packing, Forwarding, Freight and Insurance and Unloading and proper stacking at Purchaser‟s stores including guaranteed obligation of complete supply of materials in conformity to the technical specification enclosed herewith in Section – IV.

3. DISCLAIMER:

3.1 This Document includes statements, which reflect various assumptions, which may or may

not be correct. Each Bidder should conduct its own estimation and analysis and should check

the accuracy, reliability and completeness of the information in this Document and obtain

independent advice from appropriate sources in their own interest.

3.2 Neither Purchaser nor its employees will have any liability whatsoever to any Bidder or any

other person under the law or contract, the principles of restitution or unjust enrichment or

otherwise for any loss, expense or damage whatsoever which may arise from or be incurred or

suffered in connection with anything contained in this Document, any matter deemed to form

part of this Document, provision of Services and any other information supplied by or on

behalf of Purchaser or its employees, or otherwise arising in any way from the selection

process for the Supply / provision of Services for the Project.

3.3 Though adequate care has been taken while issuing the Bid document, the Bidder should

satisfy him self that documents are complete in all respects. Intimation of any discrepancy/

doubt shall be sent to the Purchaser address for speedy response. 3.4 This document and the information contained herein are Strictly Confidential and are for use

of only the person (s) to whom it is issued/ downloaded from the website. It may not be

copied or distributed by the recipient to third parties (other than in confidence to the

recipient‟s professional advisors).

4 COST OF BIDDING:

4.1 The Bidder shall bear all costs associated with the preparation and submission of its Bid and

Purchaser will in no case be responsible or liable for those costs.

5. BIDDING DOCUMENTS:

5.1 The Scope of Work, Bidding Procedures and Contract Terms are described in the Bidding

Documents. In addition to the covering Letter accompanying Bidding Documents, the

Bidding documents include: (a) Invitation of Bids (IFB) - Section –I

(b) Instruction to Bidders (ITB) - Section –II

(c) General Terms and Conditions of Contract (GTCC) - Section –III

(d) Technical Specification - Section –IV

(e) List of Annexure - Section –V

5.2 The Bidder is expected to examine the Bidding Documents, including all Instructions, Forms,

Terms and Specifications. Failure to furnish all information required in the Bidding

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documents or submission of a Bid not substantially responsive to the Bidding Documents in

every respect will / may result in the rejection of the Bid.

6. AMENDMENT OF BIDDING DOCUMENTS:

6.1 At any time prior to the deadline for submission of Bids, the Purchaser may, for any reason,

whether at its own initiative or in response to a clarification requested by a prospective

Bidder, modify the Bidding Documents by way of issuing an addendum.

6.2 The Amendment/ Addendum shall be part of the Bidding Documents, pursuant to Clause 6.1,

and it will be binding on the bidders.

6.3 In order to afford prospective Bidders reasonable time in which to take the amendment into

account in preparing of their Bids, the Purchaser may, at its discretion, extend the deadline

for the submission of Bids.

7. LANGUAGE OF BID:

The Bid, prepared by the Bidder, and all correspondence and documents relating to the Bid

exchanged by the Bidder and the Purchaser, shall be written in the English Language. Any

printed literature furnished by the Bidder may be written in another Language, provided that

the literature is accompanied by an English translation, in which case, for purposes of

interpretation of the Bid, the English translation shall govern.

8. DOCUMENTS COMPRISING THE BID:

8.1 The Bid prepared and submitted by the Bidder shall comprise of two parts i.e. Part-I

(Techno-Commercial Bid), & Part-II (Price Bid) for each group separately.

(A) The Part-I (Techno-Commercial Bid) must contain the following documents:

(a) Bid Document signed by the bidder in every page, all other Schedules / Formats enclosed

in the Bid-Document (i.e. Annexure-I, II, III, V, VI (A), VI (B), VII) duly filled in &

signed by the bidder with seal in a separate envelop superscribed as Techno Commercial

Bid. Bids containing information in formats other than our prescribed formats shall

not be acceptable and may make the bid non-responsive.

(b) Requisite Earnest Money Deposit (E.M.D) as per clause 5 of Section –I, IFB in a

separate envelop superscribed as “EMD” failing which the bid may be treated non-

responsive.

(i) Self attested copies of Purchase Orders executed in last 3 Years.

(ii) Self attested copies of Performance Certificates / Successful contract

completion Certificates from the buyers preferably from Electricity Distribution

Utilities / Government Organizations.

(iii) Satisfactory Inspection/Test Reports by any Electricity Distribution Utilities /

Government Organizations.

(iv) Copies of Profit & Loss Accounts & Audited Balance sheet indicating Turnover

for best 3 financial years out of last 5 financial years.

(c) Power of Attorney / Board resolution indicating that the person(s) signing the Bid have

the authority to sign the Bid and as such the Bid is binding upon the Bidder during the

full period of its validity, in accordance with clause 14.

(d) Requisite Cost of Tender Document as per clause 5 of Section –I, IFB in shape of

account payee Bank draft from a Nationalized/Scheduled Bank in favour of “The North

Eastern Electricity Supply Company of Odisha Ltd.” Payable at Balasore is to be

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enclosed along with the Bid, if the document is downloaded from our web-site.

Or else, the Original Copy of Money Receipt for the payment made towards the cost of

Tender Document is to be enclosed along with Bid, if the document is directly

purchased from our Cash Counter at our Regd. Office.

(B) Part-II (Price Bid) :

The Price Bid shall contain the price schedules as per the prescribed format enclosed as

(Annexure-V) duly filled in & signed by the bidder with seal.

(This shall be submitted in a double sealed envelop separately duly superscribed as

“Price Bid”)

9.0 SUBMISSION OF BID :

9.1 The Bidder shall complete and submit the Bid Document in duplicate enclosing all documents

at clause “8” above in two sealed envelops for Original & Duplicate separately, superscribing

the Tender Notice No……….., Date …, Date of Opening……… & Description of Material .

9.2

9.2.1

E.M.D:

The bidder shall submit E.M.D as a part of the bid in the prescribed manner for the amount

mentioned in Clause No.5 of Section –I.

9.2.2 The E.M.D is required to protect the Purchaser against the risk of bidder‟s conduct, which

would warrant the security‟s forfeiture.

9.2.3 The E.M.D shall be in the following form:

A/C payee demand draft in favour of North Eastern Electricity Supply Company of Odisha Ltd. issued by a Nationalized/Scheduled Bank payable at Balasore.

OR

Bank Guarantee in favour of “North Eastern Electricity Supply Company of Odisha

Ltd.” issued by a Nationalized/Scheduled bank encashable at local branch at

Balasore only. The BG shall be strictly as per the format enclosed at Section – V,

Annexure –VIII(A). The BG should be valid for 30 days beyond the bid validity period & NB: In case of any deficiency such as the ownership of the security bond (other than the

issuing bank), deviation from the approved format, absence of signature of witness etc.

found in the EMD Bank Guarantee, the same shall be liable for rejection upfront. The

bidder will not be given any chance to rectify the same.

9.2.4 Unsuccessful bidder‟s E.M.D shall be refunded back as promptly as possible, but not later

than thirty (30) days after the expiry of the period of bid validity. The successful bidder‟s

E.M.D shall be discharged upon furnishing of the performance security.

9.2.5 The E.M.D may be forfeited due to following reasons:

1) If the bidder withdraws bid during the period of bid validity specified by the bidder in the

bid form.

2) In case the successful bidder fails to sign the contract in specified time and / or fails to

submit the requisite performance Bank guarantee.

3) In case of failure to supply the materials / equipment during the contractual delivery

period.

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10.0 BID PRICE:

10.1 Bidders have to quote for the entire quantity of materials/equipment covered under this

specification strictly as per the enclosed format in Section –V. The total Bid Price shall also

cover all the Supplier‟s obligations mentioned in or reasonably to be inferred from the

Bidding Documents in respect of Design, Supply, testing, inspection, Transportation to

site/stores, all in accordance with the requirement of Tender Documents. The Bidder shall

complete the appropriate Price Schedules enclosed herein at Annexure – V, stating the

Unit Price for each item, all other livable taxes & duties separately and thereby arriving

at the total amount. Freight & Insurance per KM per MT for delivery at Balasore

Store/Jajpur Road Store/Site should be mentioned separately.

10.2 In case there is any increase in the number of units as compared to those mentioned in the

IFB, the Contract Price shall be subject to increase proportionately on pro-rata basis.

10.3 The Price offered shall be inclusive of all costs as well as Duties, Taxes and Levies paid or

payable during implementation of the contract. If the Bidder is exempted from Excise duties,

Concession in the Sales tax, levy of entry tax, same should be clearly mentioned supported

with documentary evidence.

10.4 Prices quoted by the Bidder shall be “Firm” and not subject to any price adjustment during

the performance of the Contract. A Bid submitted with variable Price or an adjustable

price clause shall be treated as non-responsive and rejected out rightly.

11. CONTRACT PRICE:

11.1 The Ex-Works Prices quoted for the Contract shall remain FIRM as per the above Parameters

and Purchaser shall not compensate Bidder for any variations. However any variation in the

taxes & duties within the schedule date of delivery shall be borne by the Purchaser, else the

same shall be borne by the bidder.

11.2 In case the Purchaser, revise the scope of woks, bidders shall be compensated based on the

Unit Rate (Ex-Works) agreed upon before Order placement or as per mutually acceptable

rates.

12. BID CURRENCIES:

12.1 Prices shall be quoted in Indian Rupees Only.

13. DOCUMENTS ESTABLISHING CONFORMITY TO THE BIDDING DOCUMENTS:

13.1 The bidder shall confirm by documentary evidence of the Good‟s conformity to the Bidding

Documents by submitting materials/equipment data sheets.

14. PERIOD OF VALIDITY OF BIDS:

14.1 Bids shall remain valid for 180 days from the date of opening of commercial Bids.

14.2 Notwithstanding Clause 14.1 above, the Purchaser may solicit the Bidder‟s consent to an

extension of the Period of Bid Validity. The request and the responses thereto shall be made

in writing or by Fax/ E-mail.

15. ALTERNATIVE BIDS:

15.1 Bidders shall submit Bids, which comply with the Tender Documents. Alternative bids shall

not be considered for evaluation.

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16. FORMAT AND SIGNING OF BID:

16.1

The original Bid Form and accompanying documents (as specified in Clause 9 ), clearly

marked “Original Bid”, plus one copy of the Techno-Commercial Proposal must be received

by the Purchaser at the date, time and place specified pursuant to Clauses 17 and 18.

The Price Bid in Original should be submitted in a separate sealed envelope marked as “Price

Bid”. In the event of any discrepancy between the original and the copies, the original shall

govern.

16.2 The original and the duplicate copy of the Bid shall be typed or written legibly and shall be

signed by the Bidder or a person or persons duly authorized to sign on behalf of the Bidder.

Such authorization shall be indicated by written Power-of-Attorney/ Board Resolution

accompanying the Bid.

16.3 The Bid shall contain no interlineations, erasures, overwriting except as necessary to correct

errors, made by the Bidder, in which case such corrections shall be initialed by the person or

persons signing the Bid.

17. SEALING AND MARKING OF BIDS:

17.1 Bid submission: One Original, One Copy of all the Bid Documents shall be sealed and

submitted to the Purchaser before the last date & time for submission of the bid.

17.2 The Bid proposal should be divided into two parts and should be submitted in two separate sealed envelopes, addressed to Purchaser. All the envelopes should bear the Name and

Address of the Bidder and marking is made for the Original and the duplicate copy. The

envelopes should be superscribed with the title of its contents, as follows:

i) TECHNO-COMMERCIAL BID ENVELOPE: Shall contain the Bid Security

(EMD), Cost of Tender Document, all supporting documents for qualifying

requirement of this tender, duly filled in formats Abstract of General Terms &

Conditions, Declaration Form, Technical Data Schedule, Technical & Commercial

Deviations formats, Un-quoted blank Price Schedule etc. enclosed at Annexure I, II,

IV, V, VI (A), VI (B), VII, at Section-V of this document.

ii) PRICE BID ENVELOPE: Shall contain the Price schedule duly filled in & signed

as per Annexure –V at Section-V of this document. (This shall be submitted in a

double sealed envelope separately.)

17.3

The inner and outer envelopes shall: a) Be addressed to the Purchaser at the following address:

Dy.General Manager (Purchase and Store), Corporate Office,NESCO: Januganj,

Balasore –756019,Odisha

Bear the Project name as: “Design, Manufacture, Testing, Inspection and Supply of Single

phase energy meter as per Schedule of Requirement in Section-I) – Tender Notice No.

NESCO/1PH. Meter/11 Dt. 25.10.12

In addition to the information required in sub clause (a) and (b) above, the outer envelope

shall indicate the name and address of the Bidder to enable the Bid to be returned unopened in

case it is declared “Late” pursuant to Clause 20.

17.4

The Bidders have the option of sending the Bids by Post/ Courier services or in person. Bids

submitted by Telex/Telegram/Fax will not be accepted. No request from any Bidder to the

Purchaser to collect the proposals from Airlines/ Cargo/Courier Agents etc. shall be

entertained by the Purchaser.

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18. DEADLINE FOR SUBMISSION OF BIDS:

18.1 The original Bid together with required copies, must be received by the Purchaser at the

address specified in Clause 17.3 not later than 13.30 Hrs. (IST) on/before the due date as

indicated in the invitation for bids.

18.2 The Purchaser may, at its discretion, extend the deadline for the submission of Bids by

amending the Bidding Documents, in which case all rights and obligations of the Purchaser

and Bidders previously subject to the deadline will thereafter be subject to the deadline as

extended.

19. ONE BID PER BIDDER:

19.1 Each Bidder shall submit only one Bid by himself. A Bidder, who submits more than one Bid

for the same item, will cause all those Bids to be rejected out rightly.

20. LATE BIDS:

20.1 Any Bid received by the Purchaser after the deadline for submission of Bids prescribed by the

Purchaser, pursuant to Clause 18, will be declared “Late” and will be rejected out rightly and

will be returned unopened to the Bidder.

21. MODIFICATION AND WITHDRAWAL OF BIDS:

21.1 The Bidder may modify or withdraw his Bid after the Bid‟s submission, provided that written

notice of the modification or withdrawal is received by the Purchaser prior to the deadline

prescribed for submission of Bids.

21.2 The Bidder‟s modification or withdrawal notice shall be prepared, sealed, marked and

dispatched in accordance with the provisions of Clause 17 & 18. A withdrawal notice may be

sent by fax but must be followed by an original signed confirmation copy.

21.3 No Bid can be modified subsequent to the deadline for submission of Bids.

21.4 No Bid can be withdrawn in the interval between the deadline for submission of Bids and the

expiry of the period of Bid validity specified by the Bidder on the Bid form as per clause 14.

22.0 EVALUATION OF BID:

22.1 PROCESS TO BE CONFIDENTIAL:

Information relating to the examination, clarification, evaluation and comparison of Bids and

recommendations for the award of a contract shall not be disclosed to Bidders or any other

persons not officially concerned with such process. Any effort by a Bidder to influence the

Purchaser‟s processing of Bids or award decisions may result in the rejection of the Bidder‟s

Bid.

23. CLARIFICATION OF BIDS:

To assist in the examination, evaluation and comparison of Bids, the Purchaser may, at its

discretion, ask the Bidder for a clarification of its Bid. All responses to requests for

clarification shall be in writing and no change in the price or substance of the Bid shall be

sought, offered or permitted.

24. PRELIMINARY EXAMINATION OF BIDS / RESPONSIVENESS:

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24.1 Purchaser will examine the Bids to determine whether they are complete, whether any computational error have been made , whether required sureties have been furnished, whether

the documents have been properly signed, and whether the Bids are generally in order.

24.2

Arithmetical errors will be rectified on the following basis. If there is a discrepancy between

the unit price and the total price per item that is obtained by multiplying the unit price and

quantity, the unit price shall prevail and the total price per item will be corrected. If there is a

discrepancy between the total amount and the sum of the total price per item, the sum of the

total price per item shall prevail and the Total Amount will be corrected.

24.3

Prior to the detailed evaluation, pursuant to Clause 25, the Purchaser will determine the

substantial responsiveness of each Bid to the Bidding Documents including production

capability and acceptable quality of the materials offered, pursuant to Clause 13. Substantially

responsive Bid is one, which conforms to all the terms and conditions of the Bidding

Documents without material deviation.

24.4

A Bid determined as not substantially responsive will be rejected by the Purchaser and will

not subsequently allowed to be made responsive by the Bidder by correction of the non –

conformity.

25

EVALUATION AND COMPARISON OF BIDS:

25.1

The evaluation of Bids shall be done basing on the delivered cost competitiveness basis for

each item separately.

25.2

The evaluation of the Bids shall be a stage-wise procedure. The following stages are identified

for evaluation purposes:

In the first stage, the Bids would be subjected to a responsiveness check as detailed in the

clause 24. The Technical Proposals and the Commercial terms & conditions of the Bidders

would be evaluated and discussed as per clause 26 of this document.

Subsequently, the Financial Proposals along with Supplementary Financial Proposals, if any,

of Bidders with Techno-commercially Acceptable Bids submitted prior to final evaluation

shall be considered.

25.3

The Purchaser‟s evaluation of a Bid will take into account, in addition to the Bid price,

the following factors, in the manner and to the extent indicated in this Clause:

a) Delivery Schedule:

b) Deviations from Bidding Documents as mentioned in Non-Compliance Schedule.

c) Past performance and capability to execute the contract.

d) Inspection/Test reports

Bidders shall base their Bid price on the terms and conditions specified in the Bidding

Documents. The Cost of all quantifiable deviations and omissions from the specification,

terms and conditions, specified in Bidding Documents shall be evaluated. The Purchaser will

make his own assessment of the cost of any deviation for the purpose of ensuring fair

comparison of Bids.

26.0

AWARD OF CONTRACT:

In normal circumstances the Purchaser will generally award the Contract to the successful

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Bidder whose Bid has been determined to be the lowest evaluated responsive Bid, provided further that the Bidder has been determined to be qualified to perform the Contract

satisfactorily. The purchaser reserves the right to distribute the tender quantity among the

qualified bidders at the lowest price.

26.1 CONTACTING THE PURCHASER:

26.1.1 From the time between Bid opening to award of contract, if any Bidder wishes to contact the

Purchaser on any matter related to the Bid, he should do so in writing.

26.1.2 Any effort by a Bidder to influence the Purchaser and / or in the Purchaser‟s decisions in

respect of Bid evaluation, Bid comparison or Contract of Award, will result in the rejection of

the Bidder‟s Bid.

26.2 THE PURCHASER‟S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR

ALL BIDS OR TO RELAX ANY TERMS AND CONDITIONS:

26.2.1 The Purchaser reserves the right to accept or reject any Bid and to annul the Bidding process

and reject all Bids at any time prior to award of Contract, without thereby incurring any

liability to the affected Bidder or Bidders or any obligation to inform the affected Bidder or

Bidders regarding the grounds for the Purchaser‟s action.

26.2.2 In the interest of work, the Purchaser reserves the right to relax any terms and conditions

without affecting the quality & price of the equipments.

26.3 The Purchaser will award the Contract to the successful Bidder whose Bid has been

determined to be the lowest- evaluated responsive Bid, provided further that the Bidder has

been determined to be qualified to perform the Contract satisfactorily. The Purchaser at its

option/ discretion may split the total quantity to be supplied between two or more Techno-

Commercially responsive Bidders in case of the bid prices are same and early delivery is

required by the purchaser.

26.4 THE PURCHASER‟S RIGHT TO VARY QUANTITIES:

The Purchaser reserves the right to vary the quantity i.e. increase or decrease the number of

materials without any change in terms and conditions at the time of placing the orders or

during the execution of the Contract.

26.5 LETTER OF INTENT / NOTIFICATION OF AWARD:

26.5.1 The letter of intent / Notification of Award shall be issued to the successful Bidder(s) whose

bid(s) have been considered responsive, techno-commercially acceptable and evaluated to be

the Lowest (L1). The successful Bidder shall be required to furnish a letter of acceptance to it

within 5 days of issue of the letter of intent / Notification of Award by Purchaser.

27.0 PERFORMANCE SECURITY:

27.1 Within 15 days of the receipt of Notification of Award / Letter of Intent from the Purchaser,

the successful Bidder shall furnish the Performance Security in the form of Bank Guarantee

executed on non-judicial stamp paper worth Rs.100/- (Rupees One hundred only) issued by a

Public Sector Bank in favour of the Purchaser encashable at Balasore only for an amount of

10% (ten percent) of the Contract Price in accordance with the General Conditions of

Contract in the Performance Security Form provided in Section –V of Bidding Documents.

The Bank Guarantee shall be valid for a period not less than 90 days over and above the

guarantee period.

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28. CORRUPT OR FRAUDULENT PRACTICE:

28.1

The Purchaser requires that the Bidders observe the highest standard of ethics during the

procurement and execution of the Project. In pursuance of this policy, the Purchaser:

a)

Defines, for the purposes of this provision, the terms set forth below as follows:

(i) “Corrupt practice” means behavior on the part of officials in the public or private

sectors by which they improperly and unlawfully enrich themselves and/ or those

close to them, or induce others to do so, by misusing the position in which they are

placed, and it includes the offering, giving, receiving, or soliciting of anything of

value to influence the action of any such official in the procurement process or in

contract execution; and

(ii) “Fraudulent practice” means a misre1presentation of facts in order to influence a

procurement process or the execution of a contract to the detriment of the Purchaser,

and includes collusive practice amount Bidders (prior to or after Bid submission )

designed to establish Bid prices at artificial non-competitive levels and to deprive the

Purchaser of the benefits of free and open competition.

b)

Purchaser will reject a proposal for award if it determines that the Bidder recommended for

award has engaged in corrupt or fraudulent practice in competing for the contract in question.

c)

Purchaser will declare a firm ineligible, either indefinitely or for a stated period of time, to be

awarded an contract if he at any time determines that the firm is engaged in corrupt or

fraudulent practice in competing for, or in executing, the Contract.

28.2

Further more, Bidders shall be aware of the provision stated in the General Terms and

Conditions of Contract.

29.0. LITIGATION HISTORY:

The Bidder should provide accurate information on any litigation or arbitration resulting on

contracts completed or under execution by him over the last three (3) years. A consistent

history of awards involving litigation against the Bidder or any Partner of the joint

venture/Consortium may result in disqualification of Bid.

Dy. General Manager (Purchase & Store) NESCO, Balasore, Odisha

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SECTION – III

GENERAL CONDITIONS OF CONTRACT

(GCC)

TENDER NOTICE NO: NESCO/CAPEX/SUPPLY &

INSTALLATIN/ 15

Date: 21.01.13

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SECTION – III

GENERAL CONDITIONS OF CONTRACT (GCC)

GROUP- A AND GROUP -B

1.0 GENERAL: -

NESCO hereinafter referred to as the “Owner” is desirous of construction of various

System Improvement Works under the CAPEX Program, on „turnkey‟ basis in their

licensed area in the state of Odisha as described below:

(i) Construction of HVDS Systems

(ii) Construction of New 11 KV/ 33 KV HT Three Phase Line with AAA Conductor

(iii) Up-gradation of Conductor size of existing 11 KV / 33 KV HT Three Phase Line

(iv) Shifting of existing 11 KV/33 KV HT Three Phase Lines.

(v) Dismantling of existing LT Bare Conductors and Installation of AB Cable

(vi) Construction of new 33/11 KV Primary Substation.

(vii) Other related works (if any).

(viii) Up-gradation of transformer capacity and infrastructure development in existing

33/11 KV Primary Substations including erection, commissioning and installed

equipments.

(ix) Installation of Earthing for Sub-stations at different locations.

(x) Erection of 11 KV Capacitor Bank at different locations.

(xi) Erection of PSC poles against replacement of damage poles.

(xii) DTR metering from 25KVA transformer to above.

2.0 Scope of Work: - 2.01 The scope shall include supply and installation of all materials & equipments to complete

the works except the following materials/ equipments which shall be supplied by the

NESCO –

a) Power & Distribution (including Station) Transformers.

b) AAA Conductor

c) AB Cables & Accessories (Suspension clamp, Tension Clamp, Piercing

connector, neutral Connector, Eye Hook only)

d) 11 KV & 33 KV VCB, CT, PT & CR Panels

e) Transformer Distribution Boxes

2.02 The detailed scope of the work shall include;

i. Detailed survey of substation, line and preparation of SLD / BOQ to be done by the

bidder

ii. Complete manufacture, including shop testing & supply of materials from the

approved vendor (materials which are to be supplied by the bidder) on subsequent

approval of the owner.

iii. Providing Engineering drawing, data, operational manual, etc for the Owner‟s

approval;

iv. Packing and transportation from the manufacturer‟s works to the site.

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v. Receipt, storage, preservation and conservation of equipment at the site.

vi. Pre-assembly, if any, erection testing and commissioning of all the equipment;

vii. Reliability tests and performance and guarantee tests on completion of

commissioning;

viii. Loading, unloading and transportation as required.

ix. Erection of equipments in Sub-station including civil works.

x. Erection of lines of specified voltage.

xi. Testing, Commissioning of substations and lines / installations

xii. Storing before erection

xiii. Getting the substations & lines inspected by Electrical Inspector after completion of

work.

xiv. Transportation and transit insurance of all free issue materials to be supplied from

Owner‟s nearest stores to site and as well as all other required materials (under the

scope of supply by bidder) from supplier‟s premises to work site, construction of new

electrical / civil structures, etc.

xv. Dismantling of existing electrical structures and return of these dismantled items at the

Owner‟s stores, safe custody of the items and return of unused Owner‟s supplied

materials to the Owner‟s stores.

3.0 DEFINITION OF TERMS

(i) The „Contract ‟means the agreement entered into between the Owner and the

Contractor as per the Contract Agreement signed by the parties, including all

attachments and appendices there to and all documents incorporated by reference

therein.

(ii) „Owner‟ shall mean NESCO and shall include its legal representatives, successors

and assigns.

(iii) „Contractor‟ shall mean the Bidder whose bid will be accepted by the Owner for the

award of the Works and shall include such successful Bidder‟s legal representatives,

successors and permitted assigns.

(iv) „Sub-Contractor‟ shall mean the person named in the Contract for any part of the

works or any person to whom any part of the Contract has been sublet by the

contractor with the consent in writing of the Owner and will include the legal

representatives, successors and permitted assigns of such person.

(v) „Engineer in Charge‟ shall mean the officer appointed in writing by the Owner to act

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as Engineer from time to time for the purpose of the Contract.

(vi) „Specifications‟ shall mean the specifications and Bidding Document forming a part

of the Contract and such other schedules and drawings as may be mutually agreed

upon.

(vii) „Site‟ shall mean and include the land and other places on, into or through which the

works and the related facilities are to be erected or installed and any adjacent land,

paths, street or reservoir which may be allocated or used by the Owner or Contractor

in the performance of the Contract.

(viii) „Inspector‟ shall mean the Purchaser or any person nominated by the Owner from

time to time, to inspect the equipment; stores or Works under the Contract and/or the

duly authorized representative of the Owner.

(ix) „Notice of Award of Contract‟/ „Letter of Award‟ shall mean the official notice

issued by the Owner notifying the Contractor that his bid has been accepted.

(x) „Date of Contract‟ shall mean the date on which notice of Award of Contract/ Letter

of Award has been issued.

(xi) „Performance and Guarantee Tests‟, shall mean all operational checks and tests

required to determine and demonstrate capacity, efficiency, and operating

characteristics as specified in the Contract Documents.

(xii) The term „Final Acceptance‟/ „Taking Over‟ shall mean the Owner‟s written

acceptance of the works performed under the Contract, after successful

commissioning/ completion of Performance and Guarantee Tests, as specified in the

accompanying Technical Specifications or otherwise agreed in the contract.

(xiii) „Commercial Operation‟ shall mean the condition of operation in which the

complete equipment covered under the Contract is officially declared by the Owner to

be available for continuous operation at different loads up to and including rated

capacity. Such declaration by the Owner, however, shall not relieve or prejudice the

Contractor of any of his obligations under the Contract.

(xiv) Words imparting „Person‟ shall include firms, companies, corporations and

associations or bodies of individuals, whether incorporated or not.

(xv) Terms and expressions not herein defined shall have the same meaning as are

assigned to them in the Indian Sale of goods Act (1930), failing that in the Indian

Contract Act (1872) and failing that in the General Clauses Act (1897) including

amendments thereof, if any.

(xvi) In addition to the above the following definition shall also apply

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a) „All equipment and materials‟ to be supplied shall also mean „Goods‟

b) „Constructed‟ shall also mean erected and installed.

c) „Contract Performance Guarantee‟ shall also mean „Contract

Performance Security‟.

4.0 SUBMISSION OF TENDER: -

4.01 Sealed tenders in Two parts each in duplicate, each complete in all respects in the manner

hereinafter specified are to be submitted at CORPORATE OFFICE,

JANUGANJ, NESCO, BALASORE-756019 on or before the date and time specified in

the notice inviting the tenders. Bids shall be submitted as per format provided in

Section – III & IV. Each copy of the bids (original and duplicate) shall be submitted

in separate double sealed envelopes superscripted on each of the covers the tender

specification number and the due date of opening of the bids on the right hand top side of

the envelop. On the left top side original/ duplicate as is relevant shall be written.

4.02 The tenders are required to be submitted in Two Parts each in separate double sealed

covers for Group ( Gr.A/ Gr.B/ Gr.C ) separately.

Part - I: Superscribed as “Technical and commercial bid” shall contain EMD, Cost of

Bid Documents and Techno commercial documents.

Part - II, Superscribed as “Price Bid”. The Part - II should contain only Price bid.

4.03 Fax and Telegraphic tenders shall not be accepted.

4.04 Receipt of bids/ revised bids after the cut off time and date as specified in the Tender

specification shall not be permitted and such bids shall be rejected outright. The Owner

shall not be responsible for any delay in transit in post / courier etc. in this regard.

5.0 VALIDITY:-

The offer shall be valid for a period not less than 180 days from the date of bid opening.

6.0 PRICE: -

Bidders are required to quote firm price as per the prescribed format enclosed in

Section – III. The quoted price shall be firm and inclusive of all taxes, duties, freight &

insurance and other levies, if any. Owner shall not be liable to pay anything extra over

and above the quoted price.

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7.0 RECEIPT AND OPENING OF THE BID: -

7.01 Bids in duplicate as described under clause 4.0 shall be received in the office of the

Owner and shall be opened on the scheduled date and time. The Owner‟s authorized

representatives shall open bids in the presence of Bidders‟ representatives on the date and

time for opening of bids as specified in the Invitation to Bid or in case any extension has

been given thereto, on the extended bid opening date and time notified.

7.02 Maximum one representative for each bidder shall be allowed to witness the opening of

bids. The representative must produce suitable authorization in this regard to be eligible

to witness the bid opening on behalf of the bidder. Bidders‟ representatives who are

present shall sign in a register evidencing their attendance.

7.03 The Bidders‟ names, bid prices, modifications, bid withdrawals and the presence or

absence of the requisite bid guarantee and such other details as the Owner, at its

discretion, may consider appropriate will be announced at the opening. No electronic

recording devices will be permitted during bid opening.

7.04 Information relating to the examination, clarification, evaluation and comparison of Bids

and recommendations for the award of a contract shall not be disclosed to Bidders or any

other persons not officially concerned with such process. Any effort by a Bidder to

influence the Owner‟s processing of Bids or award decisions may result in the rejection

of the Bidder's Bid.

8.0 EVALUATION OF BIDS & AWARD OF CONTRACT:

8.01 To assist in the examination, evaluation and comparison of Bids, the Owner may, at its

discretion, ask the Bidder for a clarification of its Bid. All responses to requests for

clarification shall be in writing and no change in the price or substance of the Bid shall be

sought, offered or permitted.

8.02 Owner will examine the Bids to determine whether they are complete, whether any

computational errors have been made, whether required sureties have been furnished,

whether the documents have been properly signed, and whether the Bids are generally in

order.

8.03 Arithmetical errors will be rectified on the following basis. If there is a discrepancy

between the unit price and the total price per item that is obtained by multiplying the unit

price and quantity, the unit price shall prevail and the total price per item will be

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corrected. If there is a discrepancy between the Total Amount and the sum of the total

price per item, the sum of the total price per item shall prevail and the Total Amount will

be corrected.

8.04 Prior to the detailed evaluation, Owner will determine the substantial responsiveness of

each Bid to the Bidding Documents including production capability and acceptable

quality of the Goods offered. A substantially responsive Bid is one, which conforms to all

the terms and conditions of the Bidding Documents without material deviation.

8.05 The Owner‟s evaluation of a Bid will take into account, in addition to the Bid price, the

following factors, in the manner and to the extent indicated in this Clause:

(a) Work Schedule

(b) Deviations from Bidding Documents

8.06 The Owner will award the Contract to the successful Bidder whose Bid has been

determined to be the lowest - evaluated responsive Bid,, when the lowest bidders is not

ready and/or capable to undertake the entire work envisaged, then the Owner may explore

the possibility of the execution of works through other bidders if they are willing to

execute at L1 rate. Such exploration shall be carried out in a sequential order starting

with L2 bidder then with L3 bidder and so on.

8.07 In case of omission of any item in the price bid or the price for the item has not been

quoted by the firm, then zero cost shall be loaded to the bid and the contract shall be

awarded with zero cost that means the firm will have to bear the cost of that item entirely

as the item price shall be considered as inclusive anywhere in other items. The bidder

shall have to give an undertaking to the effect that prices for any item not quoted shall be

treated as free supply or to be done free of cost.

9.0 EARNEST MONEY DEPOSIT (EMD):-

9.01 The Tender must be accompanied by Earnest Money Deposit as described in the Tender

Notice in shape Demand Draft / Bank Guarantee issued by a Scheduled Bank (valid

for 30 days beyond the validity of bid) in favour of “North Eastern Electricity

Supply Company of Orissa Ltd.” payable at Balasore. Bids without EMD deposit will

be rejected out rightly. The Bank Guarantee for EMD shall be strictly as per the

format (Annexure – XVI) prescribed by the Owner. In case of any deficiency such

as the ownership of the security bond (other than the issuing bank), deviation from the

approved

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format, absence of signature of witness etc. found in the EMD Bank Guarantee, the same

shall be liable for rejection upfront. The bidder will not be given any chance to rectify the

same.

NB: 1) The validity of EMD BG shall be minimum for 30 days over and above the

validity of the tender (180 days) i.e., 210 days from the date of opening of the tender.

2) In case of Joint Venture / Consortium, EMD in shape of BG shall be provided by

the Lead Partner.

9.02 No adjustment of any previous deposit or any amount payable from Purchaser shall be

entertained for EMD. EMD amount so submitted shall not carry any interest payable to

the bidder.

9.03 The Earnest Money so deposited shall be forfeited:

(a) if the Bidder:

i) withdraws its bid during the period of bid validity specified by the Bidder in the

Bid Form; or

(b) in the case of a successful Bidder, if the Bidder fails:

(i) to sign the Contract, or

(ii) to furnish the required Contract Performance Bank Guarantee.

9.04 The EMD of unsuccessful bidders shall be returned within 30 days from the date of

finalization of the order.

10.0 OWNER‟S RIGHT TO VARY QUANTITIES AT TIME OF AWARD:

While placing orders and / or during execution of contract, Owner reserve the right to

increase or decrease the quantity of goods and services specified in the Schedule of

Requirement up to 20% of the tender quantity without any change in price or other terms

and conditions.

11.0 INSPECTION AND TESTING:-

11.1 All the materials shall be inspected by the Owner or any authorized representative of the

Owner or jointly by the Owner/Owners Authorized Representatives with the Third Party

Inspection Evaluation Agency (TPIEA) engaged by the nodal agency (i.e. GRIDCO Ltd.)

for the Capex Programme as per relevant ISS at the Contractor‟s or its Sub-Vendors

manufacturing works. They shall give the advance notice in writing about the place of

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Inspection and or testing at least 15 days before the schedule date on which the materials

will be ready for Inspection & Testing.

11.2 The Engineer-in-charge shall be entitled at all reasonable times during manufacture /

installation to inspect examine and test the materials at the contractor‟s premises /

erection site about workmanship of the materials to be supplied under this contract. If the

said materials are being manufactured in other premises, the contractor shall provide

unhindered clearance, giving full rights to the purchaser to inspect, examine and test as if

the materials were being manufactured in his premises. Such inspection / examination

and testing shall not relieve the contractor of his obligations to execute the contract by

letter and spirit. The contractor shall give the purchaser advance notice in writing of the

Date and the Place at which the materials will be ready for testing. The inspecting officer

coordinating office for the entire work shall be the Owner‟s authorized representative.

12.0 COMPLETION AND COMPLETENESS OF THE EQUIPMENT:-

12.01 Time being the essence of the contract; the work shall be completed within 12 (twelve)

months from the date of issue of work order.

12.02 The work shall be treated as complete item wise when one item shall be complete in all

respects with all mountings, fixtures and standard accessories which are normally

supplied even though not specifically detailed in the specification. No extra payment

shall be payable for such mounting, fittings, fixtures and accessories which are needed

for safe operations of the equipment as required by applicable code of the country though

this might not have included in the contract.

12.03 All similar components and/or parts of similar equipment supplied shall be inter-

changeable with one another. Various equipments supplied under this contract shall be

subject to Owner‟s approval.

12.04 Purchaser however reserves the right to re-schedule the completion period, if required.

13.0 REJECTION OF MATERIALS: -

In the event of the materials supplied by the contractor and/or the installation works are

found to be defective in quality and the workmanship is poor or otherwise not in

conformity with the requirements of the contract specification as per section-IV

(Technical specification), Owner shall reject such materials / services and ask the

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contractor in writing to replace / rectify the defects. The contractor on receipt of such

notification shall rectify or replace the defective materials and/or re-install the work

already executed, free of cost to the Owner. If the contactor fails to do so the Purchaser

may at his option take the following actions which could be on concurrent basis.

A) Replace or rectify such defective materials and recover the extra cost so involved

plus 25% from the Contractor.

B) Terminate the contract for balance supply and erection with enforcement of

penalty as per contract.

C) Acquire the defective materials at reduced price considered acceptable under the

circumstances.

D) Forfeit the Contract Performance Bank Guarantee.

14.0 EXPERIENCE OF BIDDERS: -

The bidders are required to furnish information regarding their experience on the

following aspects as per format provided in Section – IV, Annexure VII (A) & (B):

i. Description of similar type of work with same or higher voltage level executed

during the last three years with the name(s) of the party(s) to whom / where

supplies / erection were made.

ii. The list of testing equipments/ facilities available to execute the contract covering

both OSM and supply by the Contractor himself. Also the area of access of the

Contractor through other agency must be indicated.

iii. Purchase / work orders details (P.O / W.O No. and date only) executed

(construction work) during the last three years along with Electrical inspection

report copies and copies of user‟s performance certificates.

Bids may not be considered if the past performance is found to be un-satisfactory.

15.0 DEVIATION FROM SPECIFICATION: -

The bidders are requested to study the specification and the attached drawings thoroughly

before tendering so that if they make any deviations, the same are prominently brought

on a separate sheet under the headings “Deviations” as per formats provided under

Section IV, Annexure – VIII & IX. All such deviations to the technical & commercial

terms of the specification shall be indicated in a separate list as indicated above. In

absence of such deviation schedule, it will be presumed that the bidder has accepted all

the conditions stipulated in the tender specification, not withstanding any deviations

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mentioned elsewhere in the Bid. However the acceptance of deviation is not binding on

the Owner.

16.0 CONTRACTOR TO INFORM HIMSELF FULLY: -

The contractor shall examine the instructions, general conditions of the contract,

specifications and the schedule of quantity and delivery to satisfy himself as to all the

terms and conditions and circumstances affecting the contract price. He shall quote prices

according to his own judgment and shall understand that no additional cost except as

quoted shall only be considered.

17.0 PATENT RIGHT: -

The contractor shall indemnify the Owner against all claims, actions, suits and

proceedings for the alleged infringement any patent design or copy right protected either

in country of origin or in India by the use of any equipment supplied by the contractor but

such indemnity shall not cover any use of the equipment other than for the purpose

indicated by or reasonable to be informed from the specification.

18.0 GUARANTEE PERIOD: -

18.01 The materials to be supplied by the contractor shall be guaranteed for satisfactory

operation against defects in design and workmanship for a period of 24 months from the

date of handing over the completed installations after commercial operation at required

voltage level.

18.02 The above guarantee certificate shall be furnished in triplicate to the Owner for his

approval. Any defects noticed during the above period should be rectified by the

Contractor free of cost to the Utility provided such defects are due to faulty design, bad

workmanship or bad materials used on receipt of written notice from the Owner. The

Contractor as notified by the Owner shall rectify any such defects within one month

failing which the Owner will set right the defects through other agency and recover the

cost so incurred either from any pending Invoices or Bank Guarantee.

19.0 PENALTY FOR DELAY IN COMPLETION OF CONTRACT: -

19.01 If the contractor fails to complete the works by the scheduled period or any extension

granted thereby, the contractor shall be liable for payment of penalty amounting to 0.5%

(half percent) of the contract price per week of un-finished works subject to the

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maximum of 5% (five percent) of the total contract price and subject to force majeure

conditions. After receipt of LOA, the Contractor shall sign a contract agreement with the

Owner within 15 days along with the detail work plan through PERT chart/BAR chart.

The penalty for liquidated damage as mentioned above will be levied if any deviation to

be schedule on any item of work due to the fault of the contractor is observed.

19.02 Penalty amount can be realized from the proceeds of the Contract Performance Bank

Guarantee, if the situation so warrants.

19.03 Extension of delivery period could be with / without levy of penalty with the discretion of

Owner.

20.0 RIGHT OF WAY:

Right of way issues, if any, arising during execution of the works shall have no liability

on the Owner. These issues shall be settled at the sole discretion of the Contractor. The

Owner shall however extend all possible help to the Contractor including discussion with

the local authorities for early resolution of these issues.

21.0 CONTRACTOR‟S DEFAULT: 21.01 If the Contractor neglects to execute the works with due diligence and expedition or

refuses or neglects to comply with any reasonable order given to him, in writing by the

Engineer in connection with the works or contravenes the provisions or the contract, the

Owner may give notice in writing to the Contractor to make good the failure, neglect or

contravention complained of. Should the Contractor fail to comply with the notice within

thirty (30) days from the date of serving the notice, the Owner shall be at liberty to

employ other workmen and forthwith execute such part of the works as the contractor

may have neglected to do or if the Owner thinks fit, without prejudice to any other right,

he may have under the Contract to take the work wholly or in part out of the Contractor‟s

hands and re-contract with any other person or persons to complete the works or any part

thereof and in that event the Owner shall have free use of all Contractor‟s equipment that

may have been at the time on the Site in connection with the works without being

responsible to the Contractor for fair wear and tear thereof and to the exclusion of any

right of the Contractor over the same, and the Owner shall be entitled to retain and apply

any balance which may otherwise be due on the Contract by him to the Contractor, or

such part thereof as may be necessary, to the payment of the cost of executing the said

part of works or of completing the works as the case may be. If the cost of completing of

works or executing part thereof as aforesaid shall exceed the balance due to the

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Contractor, the Contractor shall pay such excess. Such payment of excess amount shall

be independent of the liquidated damages for delay which the Contractor shall have to

pay if the completion of works is delayed.

21.02 In addition, such action by the Owner as aforesaid shall not relieve the Contractor of his

liability to pay liquidated damages for delay in completion of works.

21.03 Such action by the Owner as aforesaid the termination of the Contract under this clause

shall not entitle the Contractor to reduce the value of the Contract Performance Guarantee

nor the time thereof. The Contract Performance Guarantee shall be valid for the full value

and for the full period of the Contract including guarantee.

22.0 TERMINATION OF CONTRACT ON OWNER‟S INITIATIVE:

22.01 Owner reserves the right to terminate the Contract either in part or in full due to reasons

other than those mentioned under clause entitled „Contractor‟s Default‟. The Owner shall

in such an event give fifteen (15) days notice in writing to the Contractor of his decision

to do so.

22.02 The Contractor upon receipt of such notice shall discontinue the work on the date and to

the extent specified in the notice, make all reasonable efforts to obtain cancellation of all

orders and Contracts to the extent they related to the work terminated and terms

satisfactory or the Owner, stop all further sub-contracting or purchasing activity related to

the work terminated, and assist Owner in maintenance, protection, and disposition of the

works acquired under the Contract by the Purchaser. In the event of such a termination

the Contractor shall be paid compensation, equitable and reasonable, dictated by the

circumstance prevalent at the time of termination to be determined by the arbitrator

without stopping the work but to carry out the left over work to other agency.

22.03 If the Contractor is an individual or a proprietary concern and the individual or the

proprietor dies and if the Contractor is a partnership concern and one of the partners dies

then unless the Owner is satisfied that the legal representatives of the individual

Contractor or of the proprietor of the propriety concern and in the case of partnership, the

surviving partners, are capable of carrying out and in the case of partnership, the

surviving partners, are capable of carrying out and completing the Contract the Owner

shall be entitled to cancel the Contract as to its uncompleted part without being in any

way liable to payment of any compensation to the estate of deceased Contractor and /or

to the surviving partners of the Contractor‟s firm on account of the cancellation of the

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contract. The decision of the Owner that the legal representatives of the deceased

Contractor or surviving partners of the Contractor‟s firm cannot carry out and complete

the contract shall be final and binding on the parties. In the event of such cancellation the

Owner shall not hold the estate of the deceased Contractor and/ or the surviving partners

of the Contractor‟s firm liable to damages for not completing the Contract.

23.0 FORCE MAJEURE: -

The Contractor shall not be liable for any penalty for delay or for failure to perform the

contract for reasons of Force Majeure such as “acts of God, acts of the Public enemy, acts

of Govt., Fires, Flood, Epidemics, Quarantine restrictions, Strikes, Freight Embargos and

provided that the Contractor shall within ten (10) days from the beginning of such delay

notify the Owner in writing of the cause of delay. The Owner shall verify the facts and

grant extension as facts justify.

24.0 EXTENSION OF TIME: -

If the delivery of the equipments / materials is delayed due to reasons beyond the control

of the Contractor, the Contractor shall immediately inform within 3 days to the Owner in

writing of his claim for an extension of time. The Owner on receipt of such notice may

agree to extend the contract period as may be reasonable but without prejudice to other

terms & conditions of the contract.

25.0 SAFETY PRECAUTIONS:-

The agency shall observe all applicable regulations regarding safety at the Site. Any

compensation due on account of accident at site shall be to the contractor‟s account.

26.0 STORE:-

Storing of materials from supply to erection shall be arranged by the contractor at his

own cost. No compensation shall be made by the Owner for any damage or loss of

materials during storing, transit transportation and at the time of erection.

27.0 INSURANCE: -

Contractor shall arrange adequate Transit-cum-storage-cum-erection policy and shall

submit the copy of the same to the Owner. The policy shall initially remain valid for a

period of sixty days over & above of the contractual guarantee period and shall be

extended as required till handing over. Contractor shall be responsible for lodging of

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claim with the insurer as well as for all required follow up with the insurer for settlement

of claim in case of loss/damage/theft of material during transit/storage/erection till the

completed works is handed over to the Purchaser and is accepted by the authorized

representative of the Purchaser in writing.

Contractor shall also arrange adequate cover for his employees / labourers engaged in the

works as well as arrange third party insurance cover to indemnify any possible damages

to public at large not connected with the works process. Any claim(s) pertaining to this

shall be the responsibility of the Contractor.

The contractor shall undertake free replacement of the materials damaged or lost during

transit, which will be intimated by the Consignee within 30 days of receipt of the

materials at Owner‟s stores.

28.0 ENGINEER IN CHARGE:-

Concerned Divisional Head / authorized engineer of the Owner shall be the Engineer in

charge for the Project.

29.0 CONTRACT PERFORMANCE BANK GUARANTEE:-

29.01 Within 15 days of issue of the Work Order or Letter of Award, whichever is earlier, the

Contractor shall submit Contract Performance Bank Guarantee issued by a scheduled

Bank, in favour of NESCO Ltd. Balasore, covering 10% of the total value of the work

order,

29.02 The said Bank Guarantee shall be prepared in the prescribed proforma as attached in

Section V, Annexure - III. The Bank Guarantee furnished shall be executed on Non-

judicial Stamp paper worth of Rs 100/- (Rupees Hundred only), purchased in the name of

the issuing bank, as per the prevalent rules. The Bank Guarantee so provided shall be

en-cashable on the Balasore branch of the issuing Bank.

29.03 The Contract Performance Bank Guarantee shall remain valid for a period not less than

90 days over and above the guarantee period, basing on stipulated completion period in

the W.O. towards security and acceptance thereof, failing which the work orders (W.O)

will be liable for cancellation without any further notice with forfeiture of E.M.D.

29.04 No interest shall be allowed by the Owner on the above Performance Security Deposit.

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30.0 TERMS OF PAYMENT:

30.01 An advance of 10% (ten percent) of total lump sum contract price shall be paid as

Mobilization Advance, subject to the following.

(a) Submission of Invoice for payment of advance.

(b) Receipt and acceptance of unconditional irrevocable Contract Performance Bank

Guarantee in favour of Owner as mentioned in clause 29.01.

(c) Receipt and acceptance of unconditional and irrevocable Advance Payment Bank

Guarantee in favour of Owner for an amount equivalent to the amount of advance

as per the prescribed format as provided in Section V, Annexure - IV. The Bank

Guarantee so provided should be en-cashable on the Bhubaneswar branch of the

issuing Bank.

(d) Establishment of contract site office and certification by the engineer that

satisfactory mobilization for erection exists.

(e) All advance payment shall be interest bearing and recovery of advance along with

the interest component on the advance amount shall be as under:

i) All advance payment made shall be recovered proportionately from each running

bill of the contractor.

ii) The amount of interest to be recovered from a particular bill shall be calculated

@ 10% per annum on the value of advance corresponding to the percentage of

total progressive payment being released. The period for which the interest is to

be calculated shall be reckoned from the date of release of the advance payment

to the actual date of release of the said progressive payment or the expiry of the

stipulated time frame for release of such progressive payment. If any amount

payable under any interim bill is not sufficient to cover all deductions to be made

for interest on the advance payment and other sums deductible there from, the

balance outstanding shall be recovered from the next payments immediately

falling due.

30.02 80% (Eighty percent) of contract price on pro-rata basis along with taxes and duties shall

be paid progressively (after necessary advance adjustment with interest as applicable) for

each completed items of work certified by the Jr. Manager, Asst. Manager/SDO

concerned against each calendar month by first week of the succeeding months along

with utilization certificate. No payment shall be released if the accounts for utilization of

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materials unless follow with proper certification by the concerned Jr. Manager, Asst.

Manager/SDO within 30 days of submission of claim subject to certification by Owner‟s

Engineer-in-charge on the basis of check points involved in such items of work.

30.03 Balance 20% (twenty percent) of contract price shall be paid after completion of all

works, envisaged under this package including any additions and alterations, testing &

commissioning, return of dismantled materials/ un-used free supply material, taking over

certificate and entire stretch is fully ready for commercial operation. The payments shall

be subjected to clearance from electrical inspectorate.

Note: In case of joint venture/consortium Performance Bank Guarantee shall be provided

by the Lead Partner @ 10% and additional 1% by each JV Partner(s).

31.0 PAYING OFFICER: Owner shall notify the paying officer for the project.

32.0 OWNER‟S RIGHTS: -

The Owner reserves the right to accept any bid or reject any or all bids or cancel /

withdraw invitation of bid or to vary the quantity for placement of order without

assigning any reason to such decision. Such decision by the Owner shall bear no liability.

33.0 DISTINCT MARK ON EQUIPMENT AND MATERIALS:

All the equipments and materials required for the works shall have distinct mark of

Owner either by way of punching on metal part(s) and/or in built during casting and/or

painting as per common practice and/or as mutually agreed. This should be clearly visible

in day light in naked eye.

34.0 DISPUTE RESOLUTION AND JURISDICTION: -

(a) Any disputes arising out of this contract shall be referred to the MD, OPTCL who

shall decide the case as sole Arbitrator.

(b) For the purpose of dispute resolution, this agreement shall be governed by the

provision of Arbitration and Conciliation Act, 1996.

(c) All disputes shall be subjected to exclusive jurisdiction of the Courts at

Balasore and the writ jurisdiction of Hon‟ble High Court of Odisha at

Cuttack.

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35.0 TRANSFER AND SUB-LETTING

The Contractor shall not sublet, transfer, assign or otherwise part with the Contract or

any part thereof, either directly or indirectly, without prior written permission of the

Owner.

36.0 FREE ISSUE OF MATERIALS

36.01 Purchaser shall issue materials such as Transformer, VCB, Conductor, AB Cable &

Accessories (Suspension Clamp, Dead End Clamp, Eye Hook, Piercing Connector,

Neutral Connector), Transformer Distribution Boxes to the Contractor as per the works

schedule agreed at the time of award of works as stated in the scope of work. However,

this shall be subject to the actual progress of the work as certified by the Owner‟s

Engineer.

36.02 Before issue of the free issue materials the Contractor at its own cost shall arrange

suitable stores adjacent to the works site and shall offer the same for inspection to the

Owner‟s Engineer.

36.03 The contractor shall furnish Indemnity bond for an amount equivalent to the

estimated value of the free supply materials / dismantled materials returnable as

certified by Engineer in charge. The Contractor shall submit Indemnity Bond in the

prescribed format.

36.04 Subject to compliance of above clauses, the Contractor shall be permitted to draw the

materials from the designated stores of the Owner. The Contractor shall duly

acknowledge the materials along with copies of the notification to the Insurer regarding

such transit of material from designated stores of the Owner to the stores of the

Contractor.

36.05 After completion of the works all surplus materials shall be returned to the Purchaser‟s

stores. For any shortage with regard to materials supplied by the Purchaser, the Purchaser

shall be entitled to recover 125% of the purchase cost of such materials or present market

cost, whichever is higher, from the dues of the Contractor.

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37.0 SUBMITTALS REQUIRED AFTER AWARD OF CONTRACT

37.01 Within 30 days of the effective date of contract the contractor shall provide three copies

of an outline program of production, inspection, testing, delivery, survey, erection, pre-

commissioning and commissioning in chart form. Included in the program will be the

detailed schedule of drawing to be submitted.

37.04 The periodic progress report as required by the Owner shall be submitted by the

contractor as per the format prescribed by the Engineer in Charge.

38.0 DRAWINGS

Within 15 days of contract commencement the contractor shall submit, for approval by

the Engineer in Charge, a schedule of the drawings to be produced. The schedule shall

also provide a program of drawing submission, for approval by the Engineer in Charge.

All drawings and design should be submitted to Engineer-In-Charge within the period

specified above.

39.0 APPROVAL PROCEDURE OF SUB VENDORS & DRAWINGS OF BOUGHT

OUT MATERIALS

39.01 The contractor shall submit all drawings, documents and type test reports, QAP, Name of

Sub vendor, samples (as applicable) etc, to the engineer in charge within 15 days of

award of LOA for approval. If modifications to be made if such are deemed necessary,

the contractor has to resubmit them for approval without delaying the initial deliveries or

completion of the contract work.

39.02 Three copies of all drawings, GTP, QAP shall be submitted for approval and three copies

for any subsequent revision.

39.03 If the drawings will be as per the technical specifications, the competent authority of the

Purchaser will return the drawings & documents to the contractor marked with

“Approved” stamp.

40.0 TAKING OVER

40.1 Upon successful completion of all the tests to be performed at site on equipment /

materials supplied, erected and commissioned by the contractor, the supply engineer shall

issue to the contractor a taking over certificate as a proof of the final acceptance of the

equipment / materials on a written request within 10 days of commercial operation. Such

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certificate shall not be un-reasonably withheld nor will the engineer delay the issuance

thereof on account of minor omission or defects, which do not affect the commercial

operation and / or cause any serious to the equipment/material. The conditional

Takingover Certificate can be issued if any minor omission or defects pointed by the

Engineer- in-Charge/Supervising Officer/Electrical Inspector. The Contractor should

rectify those defects within a month of conditional T.O.C failing which Owner will

rectify those by replacing those materials or engaging other agencies. The amount so

involved will be fully recovered from the Contractor‟s bill. Such certificate shall,

however, not relieve the contractor of any of his obligations which otherwise survive by

the terms & conditions of the contract after issuance of such certificate.

40.2 For the satisfaction of Owner about quality, the Owner shall have unreserved right for

arrangement of testing of equipment/ materials and the complete system independently

by self or any other agency chosen by the Owner. The contractor is expected to agree and

extend necessary help during such test if necessary.

41.0 LATENT DEFECT WARRANTY

41.1 The period of latent defect warranty in terms of this bidding documents, shall be limited

to five (05) years from the date of completion of Guarantee period.

42.0 EMBOSSING / PUNCHING / CASTING / PAINTING

42.1 The all equipments and materials supplied /erected under the CAPEX Programme shall

bear distinct mark of “Name of the Purchaser, GoO, CAPEX Programme, PO Order No.

& Date” by a way of embossing / punching / casting / painting etc. This should be clearly

visible to naked eye.

43.0 INDEMNIFY

43. The Contractor, its successor and assignee shall indemnify the Owner, its successor and

assignee from all current & future liabilities that may arise out of Turn Key Contract(s) entered

into between the Owner & the Contractor under this CAPEX Programme. The Owner in term

shall indemnify the GoO & GRIDCO.

Dy. General Manager(P&S)

NESCO, Balasore

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SECTION – III

GENERAL CONDITIONS OF CONTRACT (GCC)

GROUP- C

1.0 GENERAL INSTRUCTIONS:

1.01

All the Bids shall be prepared and submitted in accordance with these instructions.

1.02 Bidder shall bear all costs associated with the preparation and delivery of its Bid, and the Purchaser will

in no case shall be responsible or liable for these costs. 1.03 The Bid should be submitted by the Bidder in whose name the bid document has been issued and under

no circumstances it shall be transferred / sold to the other party. 1.04 The Purchaser reserves the right to request for any additional information and also reserves the right to

reject the proposal of any Bidder, if in the opinion of the Purchaser, the data in support of Tender

requirement is incomplete. 1.05 The Bidder is expected to examine all instructions, forms, terms & conditions and specifications in the

Bid Documents. Failure to furnish all information required in the Bid Documents or Submission of a Bid

not substantially responsive to the Bid Documents in every respect may result in rejection of the Bid.

However, the Purchaser‟s decision in regard to the responsiveness and rejection of bids shall be final and binding without any obligation, financial or otherwise, on the Purchaser.

2.0 DEFINITION OF TERMS:

2.01

NESCO shall mean the “Purchaser” on whose behalf this bid enquiry is issued by its authorized

representative / officers.

2.02

“Bidder” shall mean the firm who quotes against this bid document issued by the Purchaser. “Contractor /

Seller” shall mean the successful Bidder(s) whose bid has been accepted by the Purchaser and shall

include his heirs, legal representatives, successors and permitted assigns.

2.03 “Site” shall mean the Electricity Distribution Area of the Purchaser.

2.04 “Specification” shall mean collectively all the terms and stipulations contained in those portions of this bid document known as Instruction to Bidder, Bid form and other forms as per Section –V, General

Conditions of Contract, Specifications and the Amendments, Revisions, Deletions or Additions, as may

be made by the Purchaser from time to time.

2.05 “Letter of Intent” shall mean the official notice issued by the Purchaser notifying the Contractor that his

proposal has been accepted and it shall include amendments thereto, if any, issued by the Purchaser. The

“Letter of Intent” issued by the Purchaser shall be binding on the “Contractor”. The date of detailed

Purchase Order shall be taken as the effective date of the commencement of contract.

2.06 “Month” shall mean the calendar month and “Day” shall mean the calendar day.

2.07 “Codes and Standards” shall mean all the applicable codes and standards as indicated in the Technical

Specification.

2.08 “Offer Sheet” shall mean Bidder‟s firm offer submitted to Purchaser in accordance with the specification.

2.09 “Contract” shall mean the “Detailed Purchase Order” issued by the Purchaser.

2.10

“Contract Price” shall mean the Price referred to in the “Detailed Purchase Order”.

2.11 “Contract Period” shall mean the period during which the “Contract” shall be executed as agreed between

the Contractor and the Purchaser in the Contract inclusive of extended contract period for reasons beyond

the control of the Contractor and / or Purchaser due to force majeure.

2.12 “Goods/Materials” shall mean all items to be supplied under Purchase Order whether raw materials,

processes materials, equipment, fabricated Materials, drawings or other documents etc. as applicable.

2.13 “Store” shall mean the Purchaser‟s Store as given in the tender document.

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2.14 “Project / Unit” shall mean supply of Materials as per enclosed technical specification.

3.0 CONTRACT DOCUMENTS & PRIORITY:

3.01

Contract Documents: The Specification, terms and conditions of the contract shall consist solely of these

Tender conditions and offer sheet.

3.02 Priority: Should there be any discrepancy between any terms hereto and any term of the offer sheet, the

terms of this tender document shall prevail.

4.0 SCOPE OF WORK:

4.01 The “Scope of Work” shall be on the basis of Bidder‟s responsibility, completely covering the

obligations, responsibility and workmanship, provided in this Bid Enquiry whether implicit or explicit.

4.02

The Purchaser reserves the right to vary the quantity i.e increase or decrease, at the time of placing order or

during project execution.

4.03 All relevant drawings, data and instruction manuals and other necessary inputs shall be under the scope of

contract.

5.0 GENERAL REQUIREMENTS:

5.01 The seller shall supply, deliver best quality Goods/Materials/Equipments & conduct the testing at their

works of highest standards.

6.0 The seller shall be responsible & shall comply with the provisions of all statutory acts i.e Electricity Act

2003, Indian Electricity Rules 1956, Income Tax Act-1961 etc.

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7.0 INSPECTION & TESTING:

i) The Purchaser‟s representative shall be entitled at all reasonable times during manufacture to

inspect examine and test on the Contractor‟s premises the materials and workman-ship of all

equipment to be supplied under this contract and if part of the said equipment is being

manufactured else where in any Sub-Contractor‟s premises, the Contractor shall obtain for the

Purchaser‟s representative, permission to inspect, examine and test as if the equipment were

being manufactured on the Contractor‟s premises. Such inspection, examination and testing shall not

release the Contractor from his obligations under the contract.

ii) The Contractor shall give to the Purchaser adequate time/ notice (minimum of two weeks time) in

writing for inspection of materials indicating the place at which the equipment is ready for testing

and inspection and shall also furnish the Routine Test Certificates and Packing List along with

offer for inspection to the Purchaser indicating the quantity which can be delivered in full truck

load / Mini truck load to facilitate issue of dispatch instruction.

iii) Where the contract provides for test on the Premises of the Contractor or of any of his Sub-

Contractors, the Contractor shall provide such assistance, labour, materials, electricity, fuel and

instruments as may be required or as may be reasonably demanded by the Purchaser‟s

representative to carryout such tests efficiently. The Contractor is required to produce Shop

Routine Test Certificates before offering their materials for inspection.

iv) After completion of the tests as indicated above, the Purchaser‟s representative shall forward the test

results to the Purchaser. If the test results confirm to the specific standard, the Purchaser shall

approve the test results and communicate the same to the Contractor in writing. The Contractor

shall provide atleast three copies of the test certificates to the Purchaser.

v) The Purchaser has the right to have the test carried out at his own cost by an independent agency

whenever there is a dispute regarding the quality of supply.

vi) The Purchaser at its discretion may re-test the Materials/Equipment at its own laboratory or

laboratory of his choice for reconfirmation of the test results, particularly no load losses, load

losses and percentage impedance, etc.

vii) Besides the above, the Third Party Independent Evaluation Agency (TPIEA) engaged by GRIDCO

shall have right to conduct the Pre & post dispatch inspection (as explain above) of the Equipment/

Materials procured by the purchaser jointly along with the representative of

purchaser/independently by the TPIEA as the case may be

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8.0 TRAINING FACILITIES :

The Contractor shall provide all possible facilities for training of Purchaser‟s Technical personnel, when

deputed by the Purchaser for acquiring first hand knowledge in assembly of the equipment and for it‟s

proper operation and maintenance in service. 9.0 REJECTION OF MATERIALS:

In the event, any of the materials / equipment supplied by the Contractor is found defective due to faulty

design, bad workmanship, bad materials used or otherwise not in conformity with the requirements of the

Specification, the Purchaser shall either reject the materials / equipment or ask the Contractor in writing

to rectify the same. The Contractor on receipt of such notification shall either rectify or replace the

defective materials/equipment free of cost to the Purchaser. If the Contractor fails to do so, the Purchaser

may :-

a)

b)

c)

At its option replace or rectify such defective materials/equipment and recover the extra costs so involved

from the Contractor plus (15%) fifteen percent and / or.

Terminate the contract for balance work / supplies with enforcement of penalty Clause as per contract for

the un-delivered materials and with forfeiture of Performance Guarantee/ Composite Bank Guarantee.

Acquire the defective equipment / materials at reduced price considered equitable under the

circumstances.

10.0

EXPERIENCE OF BIDDERS :

10.1

The bidder(s) should furnish information regarding experience particularly on the following points :

i) Name of the manufacturer :

ii) Standing of the firm for manufacture of equipment/material quoted :

iii) Description of materials/equipment supplied during the last 3 (three) years with the name (s) of

the party (s) to whom supplies were made.

iv) Testing facilities at manufacturer‟s work with copies of calibrated certificates of the major testing

equipment.

v) If the manufacturer is having collaboration with other firm(s), details regarding the same:

vi) A list of Purchase orders, executed during the last three years along with user‟s certificate and

copies of Purchase orders. 10.2 Bids may not be considered if the past manufacturing experience is found to be un-satisfactory as

mentioned under clause -6 of the IFB

11.0

LANGUAGE AND MEASURES :

All documents pertaining to the contract including Specifications, Schedule, Notice, Correspondence,

Operating & Maintenance instructions, Drawings or any other writing shall be written in English

language. The metric system of measurement shall be used exclusively in this contract.

12.0

DEVIATION FROM SPECIFICATION :

It is in the interest of the Bidders to study the Specification, drawing etc. specified in the tender document

thoroughly before tendering so that, if any deviations are made by the Bidders, the same are prominently

brought out on a separate sheet in the Technical & Commercial Deviation Formats enclosed at Annexure VI (A) & VI (B) in this document. Deviation mentioned in any other format or any other part of the offer

document shall not be considered as a deviation & in such case it will be presumed that the bidder has

accepted all the conditions, stipulated in the tender Specification, notwithstanding any exemptions

mentioned therein.

13.0

PRICE BASIS:

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13.01(a) Bidder shall quote “FIRM” price.

The breakup of prices shall indicate all types of Taxes, Duties and other Levies of whatsoever nature

indicated separately and clearly, Packing & forwarding, transportation to site/store(extra) including

transit insurances and entry tax etc. Exemption from any duties/taxes, if any, shall be supported with

relevant documentary evidence.

(b) The above Prices shall also include loading at factory site & unloading at Purchaser‟s site/stores. Price

evaluation will be based on total landing cost, taking into account all taxes and duties.

(c) CST / VAT clearance certificate, Copy of PAN card, latest IT Return, Exise Duty Registration Certificate

should be attached.

14.0 TERMS OF PAYMENT:

100% value of each consignment will be paid within 45 days of receipt of materials in good conditions at

stores/ desired destination and verification there of subject to approval of the Guarantee certificates &

Test Certificates and submission & acceptance of Performance Bank Guarantee equivalent to 10 % of

Total Contract Price on non-judicial stamp paper worth Rs.100in the prescribed format from a Public

Sector Bank encashable at Balasore only.

Or else an equivalent amount of 10 % of the Total Contract Price shall be deducted from the

invoice of the first consignment & the same shall be refunded after submission and approval of the

required Performance Bank Guarantee or expiry of Guarantee Period whichever is earlier.

15.0 PRICE VALIDITY:

15.01 All bids submitted shall remain valid, firm and subject to unconditional acceptance by Purchaser for 180

days post bid date. For award of Contract, the prices shall remain valid and firm till contract completion.

16.0 GUARANTEE:

16.01 The bidder shall guarantee for satisfactory performance of the equipments/materials for a

minimum period of 60 months from the date of Commissioning or 66 months from the date of

receipt of last consignment whichever is earlier. In the event of any defect in the equipment/ materials

arising out of faulty design, inferior quality of raw material used or bad workmanship within the

guarantee period, the Seller shall guarantee to replace/ repair to the satisfaction of the Purchaser the

defective equipments free of cost. Should however, the manufacturer fails to do so within a reasonable

time, the Purchaser reserves the right to recover the amount from the seller either from the bills pending

or may recover from the Performance Guarantee submitted by the firm. Seller shall give a Performance

Bank Guarantee in favour of the Purchaser for 10% of the order value valid for 90 days over and

above the guarantee obligation.

16.02 If during the defect liability period any services performed found to be defective, these shall be promptly

rectified by seller at its own cost (including the cost of dismantling and reinstallation) on the instruction

of Purchaser.

17.0 RELEASE:

The seller‟s Performance Bank Guarantees / Assignable Bank Guarantee will be released without interest

within thirty (30) days from the last date up to which the Performance Bank Guarantee has to be kept

valid (as defined in Clause 16.01).

18.0 TECHNICAL INFORMATION / DATA:

The Purchaser and the Contractor, to the extent of their respective rights permitting to do so, shall

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exchange such technical information and data as is reasonably required by each party to perform its

obligations and responsibilities. The Purchaser and the Contractor agree to keep each other in confidence

and to use the same degree of care as he uses with respect to his own proprietary data to prevent its

disclosure to third parties of all technical and confidential information. The technical information,

drawings, records and other document shall not be copied, transferred, traced or divulged and / or

disclosed to third party in full / part nor misused in any other form. This technical information, drawing

etc. shall be returned to the Purchaser with all approved copies and duplicates. In the event of any breach

of this Contract, the Contractor shall indemnify the Purchaser against any loss, cost of damages of claim

by any party in respect of such breach.

19.0 EFFECTIVE DATE OF COMMENCEMENT OF CONTRACT :

19.01 The date of the issue of the detailed Purchase Order shall be treated as the effective date of the

commencement of Contract.

20.0 The bidder shall quote the basic price as well as all taxes & duties as per the enclosed format for bid

prices.

21.0 PENALTY:

21.01 As time is the essence of contract, the materials should be supplied strictly as per supply schedule as

stipulated in Purchase order failing to which order to be treated as cancelled & contract performance

Bank Guarantee will be invoked.

21.02 The total amount of penalty for delay under the contract will be subject to a maximum of five percent

(5%) of the contract price.

21.03 The Purchaser may, without prejudice to any method of recovery, deduct the amount for such damages

from any amount due or which may become due to the seller or from the Performance Bank Guarantee or

file a claim against the seller.

22. VALIDITY OF THE ORDER:

The Order is valid up to schedule date of delivery, unless otherwise extended by the Competent

Authority. The Order shall stand cancelled automatically beyond the validity period without any

correspondences and liabilities to the purchaser.

23. PACKING :

The materials / equipments shall be packed by the seller suitably as per the standard procedure for safe

transport to the site / store. The cases shall be clearly marked showing distinctly the name and address of the consignee. In case of special instructions, such as “this end up”, “fragile”, “handles with care” etc.,

the same shall be clearly displayed on the cases.

24.0 COMMISSIONING SPARES:

The seller shall replace, free of cost, any spares which may be found defective by the buyer during

commissioning.

25.0 DISPUTE RESOLUTION & JURISDICTION OF CONTRACT:

25.1 Any dispute arising out of this contract shall be referred to the MD, NESCO who shall decide the case as

sole arbitrator.

25.2 For the purpose of dispute resolution, this agreement shall be governed by the provision of Arbitration &

Conciliation Act, 1996.

25.3 All disputes shall be subject to exclusive jurisdiction of the Court at Balasore and Writ jurisdiction of

Hon‟ble High Court of Odisha at Cuttack.

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26.0 EVENTS OF DEFAULT:

26.1 Events of Default. Each of the following events or occurrences shall constitute an event of default (“Event of Default”) under the Contract :

(a) Seller fails or refuses to pay any amount due under the Contracts.

(b) Seller fails or refuses to deliver Commodities conforming to his Bid document/ specifications, or fails

to deliver Commodities and, or execute the works assigned to them within the period specified in P.O or

any extension thereof.

(c) Seller becomes insolvent or unable to pay its debts when due, or commits any act of bankruptcy, such

as filing any petition in any bankruptcy, winding-up or reorganization proceeding, or acknowledges in

writing its insolvency or inability to pay its debts; or the Seller‟s creditors file any petition relating to

bankruptcy of Seller;

(d) Seller otherwise fails or refuses to perform or observe any term or condition of the Contract and such

failure is not remediable or, if remediable, continues for a period of 30 days after receipt by the Seller of

notice of such failure from Purchaser.

27.0 CONSEQUENCES OF DEFAULT:

(a) If an Event of Default occurs and would be continuing, Purchaser may forthwith terminate the

Contract by written notice.

In the Event of Default, Purchaser may, without prejudice to any other right granted to it by law, or

the Contract, take any or all of the following actions;

i)

ii)

present for payment, to the relevant bank the Contract Performance Bank Guarantee;

Recover any losses and / or additional expenses, Purchaser may incur as a result of

S eller‟s default.

28.0 FORCE MAJEURE:

28.01 The term “Force Majeure” as employed herein include, acts of God or force of nature, landslide,

earthquake, flood, fire, lightning, explosion, major storm (hurricane, typhoon, cyclone etc. ) or major

storm warning, tidal wave, shipwreck and perils of navigation, act of war (declared or undeclared ) or

public enemy, strike (excluding employee strikes, lockouts or other industrial disputes or action solely

among employee of Contractor or its subcontractors ) act or omission of Sovereign States or those

purporting to represent Sovereign States, blockade, embargo, quarantine, public disorder, sabotage,

accident or similar events beyond the control of the parties or either of them.

Force Majeure shall not include occurrences as follows :

1. Late delivery of materials caused by congestion of Seller‟s facilities or elsewhere, and oversold

condition of the market, inefficiencies, or similar occurrences.

2. Late performance by Seller and / or Sub-Seller caused by unavailability of raw materials,

supervisors or labour, inefficiencies of similar occurrences.

3. Mechanical breakdown of any item of Seller‟s or its Sub-Seller‟s equipment, plant or machinery.

4. Delays due to ordinary storm or inclement weather or

5. Non-conformance by Sub-Seller.

Unless the delay arises out of a Force Majeure occurrence and is beyond both Seller‟s and Sub-Seller‟s or

Seller‟s control and an alternate acceptable source of services, equipment or material is unavailable.

Additionally, Force Majeure shall not include financial distress of Seller or any Sub-Seller.

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28.02 In the event of either party being rendered unable by Force Majeure to perform any obligation required to

be performed by them under the Contract, the relative obligation of the party affected by such Force

Majeure shall be suspended for the period during which such cause lasts. Time for performance of the

relative obligation suspended by Force Majeure shall then stand extended by the period for which the

cause lasts.

28.03

Upon the occurrence of any Force Majeure event, the party so affected in the discharge of its obligation

shall promptly, but no later than seven (7) days give written notice of such even to the other party. The

affected party shall make every reasonable effort to remove or remedy the cause of such Force majeure or

mitigate its effect as quickly as possible. If such occurrence results in the suspension of all or part of the

work for a continuous period of more than 10(ten) days, the parties shall meet and determine the

measures to be taken.

28.04

Any delay or failure in performance by either party hereto shall not give rise to any claims for damages or

loss of anticipated profits if and to the extent, such delay or failure is caused by Force Majeure.

29

EMBOSSING / PUNCHING / CASTING 29.1

The all equipments and materials supplied shall bear distinct mark of “NESCO”, PO Order No. & Date” Serial No. by a way of embossing / punching / casting etc. This should be clearly visible to

naked eye.

30.0 30.01 30.02

THE LAWS AND JURISDICTION OF CONTRACT: The laws applicable to this Contract shall be the Laws in force in India. All disputes arising in connection with the present Contract shall be settled amicably by mutual consultation failing

which shall be finally settled as per the rules of Arbitration and Conciliation Act, 1996 at the discretion of Purchaser. The jurisdiction of arbitration shall be at Balasore, Orissa, India.

31.0

INDEMNIFY

31.01

The Vendor, its successor and assignee shall indemnify the Purchaser, its successor and assignee from all

current & future liabilities that may arise out of purchase contract(s) entered into between the vendor &

the Purchaser.

Dy. General Manager (Purchase & Store)

NESCO, Balasore, Odisha

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SECTION –IV

SECTION –IV

TECHINICAL SPECIFICATIONS

( Refer separate file for Gr.A ,

Gr.B & Gr.C )

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SECTION - V

ANNEXURE

Group A & B

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BID PROPOSAL LETTER

Electrical Installation of Works under NESCO

ANNEXURE – I

Bidder‟s Name and Address:

(in case of JV/Consortium, Name of JV/Consortium)

Bid Proposal Reference:

Person to be contacted:

Designation:

Telephone No. : E-mail: Fax No. :

To,

CAPEX CELL

Corporate Office, NESCO,

Januganj, Balasore-19

Dear Sir,

We the undersigned bidder have read and examined the detailed specification and bidding

documents for execution of various electrical installations works and do herewith submit our

bid for the following packages:

Sl.

No.

Name of the

Owner

Name of the

Package

Estimated Cost

(Rs. in Cr.)

We declare the following:

1.0 PRICES AND VALIDITY:

1.01 All the prices and price components stated in our bid proposal are firm and not subject

to any price adjustment, in line with the bidding documents. All the prices and other

terms and conditions of this proposal are valid for a period of 180 days from the date of

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opening of the bids. We further declare that prices stated in our proposal are in

accordance with “Instructions to Bidders” of bidding documents.

1.02 We do hereby confirm that our bid prices as quoted in attached Schedules include all

import duties and levies including license fees lawfully payable by us on imported items

and other taxes, duties and levies applicable on bought – out components, materials,

equipment and other items and confirm that any such taxes, duties and levies

additionally payable shall be to our account.

1.03 We confirm that the Sales tax on Works Contract, Turnover Tax or any other similar

taxes under the Sales Tax Act, as applicable, are included in our quoted bid price and

there shall not be any liability on this account to the Purchasers. We understand that

Owner shall, deduct such taxes at source as per the rules and issue TDS Certificate to

us.

1.04 We confirm that, in our Bid Price, we have considered service tax in line with lawful

prevalent practice.

1.05 Price components of various items are indicated in the B.O.Q. for the respective works.

1.06 We further declare that while quoting the price, the due credit under MODVAT scheme,

re-christened as CENVAT scheme, as per relevant Government policies wherever

applicable, have been taken into account.

1.07 We, having studied the bidding document in three volumes relating to taxes & duties

and hereby, declare that if any income tax, charge on income tax or any other corporate

tax is attracted under the law, we agree to pay the same.

1.08 We are aware that the Price schedules do not generally give a full description of the

supplies to be made and work to be performed under each item and we shall be deemed

to have read the Technical Specifications and other bidding documents and drawings to

ascertain the full scope of work included in each item while filling in the related and

prices. We agree that the entered rates and prices shall be deemed to include the full

scope as aforesaid, including overheads and profits.

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1.09 We understand that in the price schedule, if there is discrepancy between the unit price

and total price, the same shall be corrected as per relevant provisions.

1.10 We declare that prices for items left blank in the schedules will be deemed to have been

included in other items. The TOTAL for each schedule and the TOTAL of Grand

summary shall be deemed to be the total price for executing the facilities and sections

thereof in complete accordance with the contract, whether or not each item has been

priced.

2.0 CONSTRUCTION OF THE CONTRACT

2.01 We declare that we are making the offer on the basis of indivisible supply-cum-

Erection contract on a single source responsibility basis.

3.0 BID SECURITY (EMD)

We are enclosing Bank Draft / Bank Guarantee No. dtd. amounting to

Rs.--------------------- (Rupees only) issued by

Bank ---------------------------branch, payable on Balasore towards Bid Security

against our above Bid. The Bid Security amount has been computed by adding the

Estimated Cost of the package no.s ------------------- for which we are submitting our

bid.

4.0 EQUIPMENT PERFORMANCE GURANTEE

We declare that the ratings and performance figures of the equipment to be furnished

and erected by us are guaranteed. The Guaranteed particulars of different equipments

are enclosed along with our bid.

5.0 BID PRICING

We further declare that the prices stated in our proposal are in accordance with your

„Instruction of Bidders of Conditions of Contract, Volume-1 of the bid documents.

6.0 PRICE ADJUSTMENT

We declare that all the prices and price components stated in our offer are on FIRM

price basis.

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7.0 QUALIFICATION

We confirm having submitted the Qualification Data in original plus one copy, as

required by you under clause 6.0 „Invitation for Bids‟. Further we have filled in the

information for qualification requirements. In case you require any further

information in this regard, we agree to furnished the same in time .

8.0 DEVIATIONS

8.01 We declare that the contract shall be executed strictly in accordance with the

specifications and documents except for the variations and deviations all of which

have been detailed out exhaustively in the following schedules, irrespective of

whatever has been stated to the contrary anywhere else in our proposal.

a) Commercial Deviations Schedule

b) Cost of withdrawal of Deviations on Critical

c) Technical Deviation Schedule

8.02 We confirm that specified stipulation of following critical clauses is acceptable to us

and no deviations/exceptions are taken on any account whatsoever in the following

clauses:

(a) Payment Terms :

(b) Bid Guarantee :

(c) Contract Performance Guarantee :

(d) Liquidated Damages for delay :

(e) Prices and Price Adjustment :

(f) Guarantee / Warrantees :

8.03 Further, we agree that the additional conditions, deviations, if any, found in our bid

proposal documents other than those stated in attached Deviation Schedules, save that

pertaining to any rebates offered, shall not be given effect to.

9.0 ADDITIONAL INFORMATION

We have included with this proposal additional information listed. We further confirm

that such additional information does not imply any additional deviation beyond those

covered in appropriate schedules and in case of any contradiction between these

additional information and other provisions of Bid, the latter prevail.

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10.0 GURANTEE DECLARATION

We guarantee that the equipment offered shall meet the rating and performance

requirements stipulated in this specification. The Guarantee Declaration which shall

attract levy of liquidated damages for non-performance is indicated in the relevant

schedule.

11.0 BOUGHT-OUT AND SUB-CONTRACTED ITEM

We are furnishing herewith at appropriate Schedule, the detail of all major item of

supply amounting to more than 10% of our Bid Price, which were propose subletting

giving detail of the name of sub-contractor/sub-vendor and quantity for each item.

12.0 WORK SCHEDULE

If this proposal is accepted by you, we agree to submit engineering data, provide

services and complete the entire work from time to time, in accordance with schedule

indicated in the proposal. We fully understand that the time schedule stipulated in this

proposal is the essence of the contract, if awarded. The completion schedule of the

various major key phases of the work is indicated in the designated schedule.

13.0 CONTRACT PERFORMANCE GUARANTEE

We further agree that if our Bid is accepted we shall provide an irrevocable Bank

guarantee towards Contract Performance Guarantee, of value equivalent to ten percent

(10%) of the Contract Price initially valid up to the end of ninety (90) days after the end

of the contract warranty period in the form of Bank Guarantee in your favour within 15

(fifteen) days from the date of „Notice of Award of Contract‟ and enter into a formal

agreement with you immediately thereafter.

14.0 CHECK LIST

We have included a check list duly filled in Schedule. We understand that only this

check list, commercial and technical deviation will be read out during the part-I bid

opening before the bidders present.

(For Joint Venture/consortium only) We, the Partners of joint venture/ consortium

submitting their Bid, do agree and confirm that in case of Award of the Contract on the

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joint venture, we shall be jointly and severally responsible for the execution of the

contract in accordance with contract terms and conditions.

We, hereby declare that only the persons or firms interested in this proposal as

principals are named herein and that no other persons or firms other that those

mentioned herein have any interest in this proposal or in the contract to be entered into

if we are awarded the contract, and that this proposal is made without any connection

with any other person, firm or party likewise submitting a proposal and that this

proposal is in all respect for and in good faith, without collusion or fraud.

Dated this ………………………..day of ………………………………20…..

Thanking you,

Yours faithfully,

(Signature of the Authorized Signatory)

Name ……………………………

Designation ……………………………..

Seal of the company………..

(To be signed by lead partner in case of Joint Venture) Signature of other partner

(s) in case of Joint Venture)

Name …………………

Designation …………………..

Date : ………………………….

Place :

(Written power of Attorney of all signatories of the bid to commit the Bidder must be

enclosed with the Bid. In case of joint venture, the written Power of Attorney of all

signatories from respective partners must be enclosed with the Bid. .

*** Applicable case of a Bid from Joint Venture of Firms. Further, the Bid must be

signed by each partner of the Joint venture.

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ANNEXURE – II

To,

CAPEX CELL

DECLARATION FORM

Corporate Office,

NESCO, Januganj,

Balasore-19

Sir,

Having examined the above specifications together with the Tender terms and conditions

referred to therein

1 – I / We the undersigned do hereby offer to execute the contract covered there on in complete

shape in all respects as per the rules entered in the attached contract schedule of prices in the

tender.

2 – I / We do hereby under take to have executed the contract within the time specified in the

tender.

3 – I / We do hereby guarantee the technical particulars given in the tender supported with

necessary reports from concerned authorities.

4 – I / We do hereby certify to have purchased a copy of the tender specifications by remitting

Cash / Demand draft & this has been duly acknowledged by you in your letter

No…………Dt…………

5 – I / We do hereby agree to furnish the composite Bank Guarantee in the manner specified /

acceptable by NESCO (as the case may be) & for the sum as applicable to me / us as per clause

No.13 of Annexure -V of this specification within fifteen days of issue of Letter of intent /

Work Order , in the event of Work order being decided in my / us favour , failing which I / We

clearly understand that the said LOI / W.O. shall be liable to be withdrawn by the Owner.

Signed this…………….Day of……………………20…

Yours faithfully

(Signature of Bidder with Seal of Company)

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ANNEXURE – III

PROFORMA FOR CONTRACT PERFORMANCE BANK GUARANTEE

(To be executed on Rs. 100/- Non-judicial Stamp Paper purchased in the name of the BG

Issuing Bank)

This Guarantee Bond is executed this day of

by us,

Bank at

P.O. P.S. Dist State

Whereas North Eastern Electricity Supply Company of Odisha Ltd.(NESCO) ,Corporate Office,

Januganj, Balasore – 756019, Odisha registered under the Company Act 1956 (here in after

called “Owner”) has placed Work Order No. Dt. (hereinafter called

“Agreement”) with M/s

(hereinafter called

“the Contractor”) for supply and installation of (description of the works)

and whereas Owner has agreed (1) to exempt the Contractor from making payment of security

deposit, (2) to release 100% payment of the cost of materials as per the said agreement and (3)

to exempt from performance guarantee on furnishing by the Contractor to Owner a composite

Bank Guarantee of the value of 10% (ten percent) of the Contract price of the said Agreement.

1. Now, therefore, in consideration of Owner having agreed (1) to exempt the Contractor

for making payment of security deposit, (2) to release 100% payment to the Contractor and (3)

to exempt from furnishing performance guarantee in terms of the said Agreement as aforesaid,

we the

Bank, Address (code No.

) (hereinafter referred to as “the Bank”) do hereby undertake to pay to the Owner an

amount not exceeding Rs. (Rupees )

only against any loss or damage caused to or suffered by the Owner by reason of any breach by

the said Contractor(s) of any of the terms or conditions contained in the said Agreement.

2. We, the Bank do hereby undertake to pay the amounts due

and payable under the guarantee without any demur, merely on a demand from Owner stating

that the amount claimed is due by way of loss or damage caused to or suffered by Owner by

reason of any breach by the said Contractor(s) of any of the terms or conditions contained in

the said Agreement or by the reason of any breach by the said Contractor‟s failure to perform

the said Agreement. Any such demand made on the Bank shall be conclusive as regards the

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amount due and payable by the Bank under this Guarantee. However, our liability under this

guarantee shall be restricted to an amount not exceeding Rs. (Rupees

) only.

3. We, the Bank also undertake to pay to Owner any money

so demanded not withstanding any dispute or dispute raised by the Contractor(s) in any suit or

proceeding instituted/ pending before any court or Tribunal relating thereto our liability under

this Agreement being absolute and irrevocable. The payment so made by us under this bond

shall be valid discharge of our liability for payment there under and the Contractor(s) shall have

no claim against us for making such payment.

4. We, the Bank further agree that the guarantee herein

contain shall remain in full force and effect during the period that would be taken for the

performance of the said Agreement and it shall continue to remain in force endorsable till all

the dues of Owner under by virtue of the said Agreement have been fully paid and its claim

satisfied or discharged or till Purchaser certifies that the terms and conditions of the said

Agreement have been fully and properly carried out by the said Contractor(s) and accordingly

discharge this guarantee and will not be revoked by us during the validity of the guarantee

period.

Unless a demand or claim under this guarantee is made on us or with our

Bhubaneswar branch at (Name, address of the Bhubaneswar branch and

code No.) in writing on or before (date) we shall be discharged from

all liability under this guarantee thereafter.

5. We, the Bank further agree that Owner shall have the

fullest liberty without our consent and without affecting in any manner our 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) and we shall not be relieved from our liability by reason

of any such variation or extension being granted to the said Contractor(s) or for any

forbearance act or omission on part of Owner or any indulgence by Owner to the said

Contractor(s) or by any such matter or thing whatsoever which under the law relating to

sureties would but for this provisions have effect of so relieving us.

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6. The Guarantee will not be discharged due to change in the name, style and constitution

of the Bank and or Contractor(s).

7. We, the Bank lastly undertake not to revoke this

Guarantee during its currency except with the previous consent of the Owner in writing.

Dated the day of Two thousand .

Not withstanding anything contained herein above.

Our liability under this Bank Guarantee shall not exceed Rs. (Rupees

) only.

The Bank Guarantee shall be valid up to only.

Our ………………………. branch at Bhubaneswar (Name & Address of the Bhubaneswar

branch) is liable to pay the guaranteed amount depending on the filing of claim and any part

thereof under this Bank Guarantee only and only if you serve upon us at our Bhubaneswar

branch a written claim or demand and received by us at our Bhubaneswar branch on or before

Dt. otherwise bank shall be discharged of all liabilities under this guarantee

thereafter.

For

N.B.:

(1) Name of the Contractor:

(2) No. & date of the Work order/ agreement:

(3) Amount of W.O:

(4) Name of Work:

(5) Name of the Bank:

(6) Amount of the Bank Guarantee:

(Indicate the name of the Bank)

(7) Name, Address and Code No. of the Bhubaneswar Branch of the Issuing Bank:

(8) Validity period or date up to which the agreement is valid:

(9) Signature of the Constituent Authority of the Bank with seal:

(10) Name & addresses of the Witnesses with signature:

(11) The Bank Guarantee shall be accepted only after getting confirmation from the

issuing Branch & from main branch/specified branch at Bhubaneswar of issuing Bank.

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ANNEXURE – IV

PROFORMA OF BANK GUARANTEE FOR ADVANCE PAYMENT

(To be stamped in accordance with Stamp Act)

(To be executed on Rs. 100/- Non-judicial Stamp Paper purchased in the name of the BG

Issuing Bank)

Ref............................ Bank Guarantee No.................

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

To,

The Managing Director,

NESCO, Balasore

Dear Sir,

In consideration of Whereas North Eastern Electricity Supply Company of Odisha Ltd. (NESCO)

(hereinafter referred to as the „Owner‟, which expression shall, unless repugnant to the context

or meaning thereof include its successors, administrators and assigns) having awarded to

M/s.................. (hereinafter referred to as the "Contractor” which expression shall unless

repugnant to the context or meaning thereof, include its successors, administrators, executors

and assigns), a Contract by issue of Owner‟s Letter of Award No.................. dated ...................

and the same having been acknowledged by the Contractor, resulting in a Contract bearing

No....................... dated .................. valued at ...................... for

.................................................................. (Scope of work)................................... (Hereinafter

called the 'Contract‟) and the Owner having agreed to make an advance payment to the

Contractor for performance of the above Contract amounting................................. (in words

and figures ) as an advance against Bank Guarantee to be furnished by the Contractor.

We,................................................................................................................. (Name of the Bank)

having its Head Office at .............................. (hereinafter referred to as the „Bank‟, which

expression shall, unless repugnant to the context or meaning thereof , include its successors,

administrators, executors and assigns ) do hereby guarantee and undertake to pay the Owner,

immediately on demand any or, all monies payable by the Contractor to the extent of

..................................... as aforesaid at any time up to ........ @ ............... without any demur,

reservation, contest, recourse or protest and / or without any reference to the Contractor. Any

such demand made by the Owner on the Bank shall be conclusive and binding notwithstanding

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any difference between the Purchaser and the Contractor or any dispute pending before any

Court, Tribunal, Arbitrator or any other authority. We agree that the guarantee herein contained

shall be irrevocable and shall continue to be enforceable till the Owner discharges this guarantee.

The Owner shall have the fullest liberty without affecting in any way the liability of the Bank

under this guarantee, from time to time to vary the advance or to extend the time for

performance of the Contract by the Contractor. The Owner shall have the fullest liberty without

affecting this guarantee, to postpone from time to time the exercise of any powers vested in

them or of any right which they might have against the Contractor, and to exercise the same at

any time in any manner, and either to enforce or to forbear to enforce any covenants, contained

or implied, in the Contract between the Owner and the Contractor or any other course or remedy

or security available to the Owner. The Bank shall not be released of its obligations under these

presents by an exercise by the Owner of its liberty with reference to the matters aforesaid or any

of them or by reason of any other act or forbearance or other acts of omission or commission on

the part of the Owner or any other indulgence shown by the Owner or by another matter or thing,

whatsoever, which under law would, but for this provision have the effect of relieving the

Bank.

Bank also agrees that the Owner at its option shall be entitled to enforce this Guarantee against

the Bank as a principal debtor, in the first instance without proceeding against the Contractor

and notwithstanding any security or other guarantee that the Owner may have in relation to the

Contractor'‟ liabilities.

Notwithstanding anything contained hereinabove our liability under this guarantee is limited to

.................. and it shall remain in force up to and including ...........@ ........... and shall be

extended from time to time for such period (not exceeding one year ), as may be desired by

M/s. ........................ on whose behalf this guarantee has been given.

The Guarantee will not be discharged due to change in the name, style and constitution of the

Bank and or Contractor(s).

All other contentions in B.G will safe guard the interest of Owner.

We, the Bank lastly undertake not to revoke this Guarantee

during its currency except with the previous consent of Owner in writing.

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Dated the day of Two thousand .

Notwithstanding anything contained herein above.

Our liability under this Bank Guarantee shall not exceed Rs. (Rupees

) only.

The Bank Guarantee shall be valid up to only.

Our ………………………. branch at Bhubaneswar (Name & Address of the Bhubaneswar

branch) is liable to pay the guaranteed amount depending on the filing of claim and any part

thereof under this Bank Guarantee only and only if you serve upon us at our Bhubaneswar

branch a written claim or demand and received by us at our Bhubaneswar branch on or before

Dt. otherwise bank shall be discharged of all liabilities under this guarantee

thereafter.

For

(indicate the name of the Bank )

Dated this .............. Day of .........20......... at .........................................

WITNESS

........................................................ ...............................................................................

(Signature) (Signature)

......................................................... ...............................................................................

(Name) (Name)

.......................................................... ...............................................................................

(Official Address) (Designation with Bank Stamp)

Attorney as per

Power of Attorney No...................

Dated ...........................................

@ This date shall be ninety (90) days after the schedule date of completion of the

Contract.

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ANNEXURE – V

FORM OF POWER OF ATTORNEY FOR JOINT VENTURE

(On Non –Judicial Stamp Paper of Appropriate value

to be Purchased in the Name of Joint Venture)

KNOW ALL MEN BY THESE PRESENTS THAT WE, the Members whose details are given

hereunder…………………………….. have formed a joint Venture/Consortium and having our

Registered Office (s)/Head Office (s) at ……………………………….(hereinafter called the

„Joint Venture/Consortium‟ which expression shall unless repugnant to the context or meaning

thereof, include its successors, administrators and assigns) do hereby constitute, nominate and

appoint M/s……………………………………………. a company/Electrical Contractor

incorporated under the laws of …………..and having its Registered/Head Office at

…………….as our duly constituted lawful Attorney (hereinafter called “Attorney” (hereinafter

called Lead Member) to exercise all or any of the powers for and on behalf of the joint

venture/Consortium in regard to Tender Notice No…………….. for construction of

……………. (name of the package) of NESCO (hereinafter called the “Owner”) for which bids

have been invited by the Owner, to undertake the following acts :

(i) To submit proposal, participate and negotiate in respect of the aforesaid Bid –

Specification of the Owner on behalf of the “Joint Venture / Consortium”.

(ii) To negotiate with Owner the terms and conditions for award of the contract pursuant to

the aforesaid Bid and to sign the contract with the Owner for and on behalf of the “Joint

Venture / Consortium”.

(iii) To do any other act or submit any document related to the above.

(iv) To receive, accept and execute the contract for and on behalf of the “Joint Venture /

Consortium”.

(v) To submit the Contract performance security in the form of an unconditional

irrecoverable Bank Guarantee in the prescribed format and as per terms of the contract.

It is clearly understood that the Lead Member shall ensure performance of the contracts(s) and

if one or more Member fail to perform their respective portion of the contracts(s), the same

shall be deemed to be a default by all the Members.

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It is expressly understood that this power of Attorney shall remain valid, binding and

irrevocable till completion of the Defect of liability period in terms of the contract.

The Joint Venture / Consortium hereby agrees and undertakes to ratify and confirm all the

whatsoever the said Lead Member quotes in the bid, negotiates and signs the Contract with the

Owner and / or proposes to act on behalf of the Joint Venture / Consortium by virtue of this

Power of Attorney and the same shall bind the Joint Venture / Consortium as if done by itself.

IN WITNESS THEREOF the Members Constituting the Joint Venture / Consortium as

aforesaid have executed these presents on this ………… day of …….. under the Common Seal

(s) of their Companies

for and on behalf of

the members of Joint Ventures/Consortium

…………………………………

…………………………………

…………………………………

The Seal of the above Partners of the Joint Venture / Consortium:

The Seal has been affixed there unto in the presence of:

WITNESS

1. Signature …………………………………

Name …………………………………

Designation …………………………………

Occupation …………………………………

2. Signature …………………………………...

Name ……………………………………….

Designation …………………………………

Occupation …………………………………

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ANNEXURE – VI

FORM OF JOINT VENTURE/ CONSORTIUM AGREEMENT

(To be executed on non-judicial stamp paper of appropriate value to be purchased in the name

of executants or as required by the Jurisdiction in which executed)

THIS Joint Venture/Consortium Agreement executed on this ……….. day of …………… Two

thousand …………………… by:

M/s. …………….…………….a company/Partnership Firm/Sole Proprietorship Organization

incorporated under the …………….……………. Act/Laws and having its Registered

Office/Head Office at ……………. …………….……………. ……………. (hereinafter called

the "Lead Member/First Member" which expression shall include its successors),and

M/s. …………….…………….a company/Partnership Firm/Sole Proprietorship Organization

incorporated under the …………….……………. Act/Laws and having its Registered

Office/Head Office at ……………. …………….……………. ……………. (hereinafter called

the " Second Member" which expression shall include its successors),and

M/s. …………….…………….a company/Partnership Firm/Sole Proprietorship Organization

incorporated under the …………….……………. Act/Laws and having its Registered

Office/Head Office at ……………. …………….……………. ……………. (hereinafter called

the "Third Member" which expression shall include its successors),and

M/s. …………….…………….a company/Partnership Firm/Sole Proprietorship Organization

incorporated under the …………….……………. Act/Laws and having its Registered

Office/Head Office at ……………. …………….……………. ……………. (hereinafter called

the "Fourth Member" which expression shall include its successors).

The Lead Member/First Member, Second Member, the Third Member and the Fourth Member

shall collectively hereinafter be called as the “Joint venture/Consortium Members” for the

purpose of submitting a bid proposal to North Eastern Electricity Supply Company of Orissa

Ltd. (hereinafter referred to as NESCO) being a company incorporated under the Companies

Act. 1956 having its. Corporate Office at Januganj,Balasore-19 (hereinafter called the

“Owner”) in response to the invitation of bids (hereinafter called as “Tender Notice

No…………….” Document) dated…………….. for supply, erection, Testing &

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Commissioning as per the scope of work ……………….(hereinafter called as “the

Transaction”)

WHEREAS Clause-2 of the Invitation for Bids (IFB), stipulates that two or more bidder(s) may

form a joint venture/Consortium among them and apply against this tender specification,

provided they fulfill the following eligible criteria;

1. They should have legally valid Consortium agreement as per the prescribed format for

the purpose of participation in the bidding process. The total no of a Consortium shall

be limited to four members.

2. One of the Joint Venture/Consortium members should be a Electrical Contractor having

valid HT License.

3. Consortium as a whole shall meet the qualifying norms specified in the tender, they

participate.

4. The lead member of the Consortium should meet at least 50% of the qualifying norms

in respect to the work experience & Turn Over requirement.

5. Besides the lead member, other member(s) of the Consortium together shall meet the

balance 50% of the qualifying norms in respect to the work experience & Turn Over

requirement.

6. All the Consortium member(s) shall authorize the lead partner by submitting a power of

Attorney as per the prescribed format duly signed by the authorized signatories. The

lead partner shall be authorized to receive instructions for and on behalf of all partners

of the Consortium and entire execution of the contract.

7. The Consortium and its members shall be jointly and severally responsible and be held

liable for the purpose of guaranteed obligation and any other matter as required under

the contract.

8. Any member of the Consortium member(s) shall not be eligible either in an individual

capacity or part of any other Consortium to participate in the tender, where the said

Consortium participates.

9. Work Order(s) will be placed to lead members of the Consortium.

10. In addition to the above the Lead Member of the bidder(s) should submit the following

documents in part-I bid as qualifying terms.

i. Valid electrical (HT) license for Electrical Works.

ii. PAN & TIN No.

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iii. EPF registration.

11. The Lead Member of the Bidder(s) shall have to furnish service tax registration, ESI

and Labour license within 45 days of receipt of the order.

12. The prescribed format for Power of Attorney (Annexure-V) is provided in the tender

specification as enclosures.

AND WHEREAS the members of the Joint Venture/Consortium together shall strictly comply the

eligible criteria of the Clause-2 of the Invitation for Bids (IFB).

AND WHEREAS bid has been proposed to be submitted to the Owner by Lead Member based on this

Joint Venture/Consortium agreement all the members, signed by all the members.

NOW THIS INDENTURE WITNESSETH AS UNDER:

In consideration of the above premises, in the event of the selection of Joint Venture/Consortium as

successful bidder, all the parties to this Joint Venture/Consortium Agreement do hereby agree abide

themselves as follows:

1. M/s ……………………………. Shall act as Lead Member for and on behalf of Joint

Venture/Consortium Members. The said Joint Venture/Consortium members further declare and

confirm that they shall jointly and severally be bound and shall be fully responsible to the Owner

for supply, erection, Testing & commissioning as per the scope of work and successful

performance of the works, obligations under the same by the Lead Member are as follows:

i) Despite any breach by the Lead Member or other Member(s) of the Joint Venture/Consortium

agreement, the Member(s) do hereby agree and undertake to ensure full and effectual and

successful performance of the contract with the Owner and to carry out all the obligations and

responsibilities under the said Contract in accordance with the requirements of the Contract.

ii) If the Owner suffers any loss or damage on account of any breach in the Contract or any

shortfall in the performance of the equipment in meeting the performance guaranteed as per the

specification in terms of the Contract, the Members (s) of these presents undertake to promptly

make good such loss or damages caused to the Owner, on its demand without any demur. It.

shall not be necessary or obligatory for the Owner to proceed against Lead Member to these

presents before proceeding against or dealing with the other Members(s). The obligation of

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each of the member is absolute and not independent of the Joint Venture/Consortium or any

member.

iii) The financial liability of the Members of this Joint Venture/Consortium agreement to the

Owner, with respect to any of the claims arising out of the performance of non- performance of

the obligations set forth in the said Joint Venture/Consortium agreement, read in conjunction

with the relevant conditions of the Contract shall, however, not be limited in any way so as to

restrict or limit the liabilities of any of the Partners of the Joint Venture/Consortium agreement.

The liability of each Member is absolute and not severable.

iv) It is expressly understood and agreed between the Members to this Joint Venture/Consortium

agreement that the responsibilities inter se amongst the Members shall not in any way be a

limitation of joint and several responsibilities and liabilities of the Members to the Owner. It is

clearly understood that the Lead member shall ensure performance under the agreements and if

one or more Joint venture/Consortium Member(s) fail to perform its/their respective obligations

under the agreement(s), the same shall be deemed to be a default by all the Joint

venture/Consortium Members. It will be open for the Owner to take any steps, punitive and

corrective action including the termination of contract in case of such default also.

v) This Joint Venture agreement shall be construed and interpreted in accordance with the laws of

India and the courts of Odisha shall have the exclusive jurisdiction within Bhubaneswar in all

matters arising there under.

vi) In case of an award of a Contract, all the Members to the Joint Venture/Consortium agreement

do hereby agree that Lead Partner shall furnish Performance Bank Guarantee for value of 10%

of the Contract Price and additional 1% by the other Joint Venture/Consortium Member in the

form of an unconditional irrecoverable Bank Guarantee in the prescribed format and as per

terms of the contract.

vii) It is further agreed that the Joint Venture/Consortium agreement shall be irrevocable and shall

form an integral part of the Contract, and shall continue to be enforceable till the Owner

discharges the same. It shall be effective from the date first mentioned above for all purposes

and intents.

viii) Capitalized terms used but not defined herein shall have same meaning as assigned to them in

the Tender Documents and/or the agreements.

ix) In case of any dispute amongst the members of the Joint Venture/Consortium, Owner shall not

be in any way liable and also the Consortium members shall not be absolved from the

contractual obligation in any manner.

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Designation…………….…………….… …………….…………….………….

3. Common Seal of …………….……

has been affixed in my/our presence

For Fourth Member

pursuant to the Board of Director's (Signature of authorized

IN WITNESS WHEREOF the Members to the Joint Venture/Consortium agreement have through their

authorized representatives executed these presents and affixed Common Seals of their companies, on

the day, month and year first mentioned above.

1. Common Seal …………….……of For Lead Member/First Member

has been affixed in my/our presence

pursuant to the Board of Director's

resolution dt.------------ (Signature of authorized representative)

Name... …………….…………….

Signature.. ………….……………. Designation …….…………….

Name …………….…………….…………… Common Seal of the company

Designation…………….…………….…. …………….…………….…………….

2. Common Seal of …………….…… For Second Member

has been affixed in my/our presence

pursuant to the Board of Director's

(Signature of authorized

resolution dated representative)

Name... …………….…………….

Signature.. ………….……………. Designation ……….…………….

Name …………….…………….…………… Common Seal of the company

Designation…………….…………….… …………….…………….………….

2. Common Seal of …………….…… For Third Member

has been affixed in my/our presence

pursuant to the Board of Director's (Signature of authorized

resolution dated representative)

Name... …………….…………….

Signature.. ………….……………. Designation ……….…………….

Name …………….…………….…………… Common Seal of the company

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resolution dated representative)

Name... …………….…………….

Signature.. ………….……………. Designation ……….…………….

Name …………….…………….…………… Common Seal of the company

Designation…………….…………….… …………….…………….………….

WITNESSES:

1.…………….…………….…………. 2.…………….…………….………….

(Signature) (Signature)

Name …………..…………….…… Name …………….…………….…

(Official address) (Official address)

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ANNEXURE – VII (A)

LETTER OF COMPLIANCE OF QUALIFYING REQUIREMENT

(In case of Bidder being a Single Firm)

To

CAPEX CELL

Corporate Office , NESCO,

Januganj,Balasore-756019

Dear Sirs,

I/We ……………. (Name of Bidder) are submitting the bid as a single firm. In support of our

meeting the Qualifying requirements (QR) for bidders, stipulated in this tender specification,

we furnish herewith the details/documents etc. as follows.

Table – A: Previous Works Experience:

Package

Quoted

for

Description

of Proposed

Works

Tender

Qty

Qty Installed & Commissioned

Sl.

No.

FY

Name

of

Client

WO Ref

Qty

Installed

Documents

provided in

proof of having

executed the

works during

the relevant

FY.

Table – B: Average Annual Turnover:

Package Quoted for

Estimated

Cost of the

Package

(Rs. in Lakh)

Annual Turnover Data

(Rs. in Lakh)

Financial Year

Turnover

(Rs. in Lakh)

Last Three Year preceding to

the year of tender

Total Estimated Cost of

the packages quoted for

Average Turnover

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Table – C: Access to Credit Facility:

Package Quoted for

Estimated Cost

of the Package

(Rs. in Lakh)

Liquid Assets as on

31.03.2012

Credit Facility

Description

(Rs. in

Lakh) Description

(Rs. in

Lakh)

Cash in

Hand

Cash

Credit

Cash at

Bank

LC

Total Estimated Cost

of the packages quoted for

Fixed

Deposits

Others (Pl

Specify)

One fifth of the total

Estimated Cost as

above.

Total

Liquid

Assets

Total

Credit

Facility

Note: Continuation sheets, of like size and format, may be used as per Bidder‟s requirements and

annexed to this Schedule.

I/We declare that we are fulfilling the qualifying requirements as per clause no. 2.0 of Section –

I, Invitation for Bids (IFB).

For & on behalf of ………… (Name of the Bidder).

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ANNEXURE – VII (B)

LETTER OF COMPLIANCE OF QUALIFYING REQUIREMENT

(In case of Bidder being a Joint Venture / Consortium Firm)

To

CAPEX CELL

Corporate Office,

NESCO,Januganj,

Balasore-19

Dear Sirs,

I/We ……………. (Name of Bidder) are submitting the bid as a single firm. In support of our

meeting the Qualifying requirements (QR) for bidders, stipulated in this tender specification,

we furnish herewith the details/documents etc. as follows.

Name of the members of the JV / Consortium

1.

2.

3.

Table – A: Previous Works Experience: Name of the Member (any one member only)

Package

Quoted

for

Description

of Proposed

Works

Tender

Qty

Qty Installed & Commissioned

Sl.

No.

FY

Name

of

Client

WO Ref

Qty

Installed

Documents

provided in

proof of

having

executed the

works during

the relevant

FY.

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Table – B: Average Annual Turnover: (All the members of JV/Consortium taken

together)

Package Quoted

for

Estima

ted

Cost of

the

Packag

e

(Rs. in

Lakh)

Annual Turnover

(Rs. in Lakh)

Annual Turnover

(Rs. in Lakh)

Total Annual

Turnover

(Rs. in Lakh)

Name of

Member

1

Name of

Member

2

Name of

Member

2

Financial

Year

Turnov

er

(Rs. in

Lakh)

Financial

Year

Turno

ver

(Rs. in

Lakh)

Financial

Year

Turn

over

(Rs.

in

Lakh

)

FY 2009 -10 FY 2009 -10 FY 2009 -10

FY 2010 - 11 FY 2010 - 11 FY 2010 - 11

FY 2011 - 12 FY 2011 - 12 FY 2011 - 12

Total Total Total

Total Estimated

Cost of the

packages quoted

for

Average

Turnover

Table – C: Access to Credit Facility: (All the members of JV/Consortium taken together)

Package Quoted for

Estimated Cost

of the Package

(Rs. in Lakh)

Liquid Assets as on

31.03.2012

Credit Facility

Member 1 Member 1

Description

(Rs. in

Lakh) Description

(Rs. in

Lakh)

Cash in

Hand

Cash

Credit

Cash at

Bank

LC

Fixed

Deposits

Others (Pl

Specify)

Total

Liquid

Assets

Total

Credit

Facility

Liquid Assets as on

31.03.2012

Credit Facility

Member 2 Member 2

Description

(Rs. in

Lakh) Description

(Rs. in

Lakh)

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Cash in

Hand

Cash

Credit

Cash at

Bank

LC

Fixed

Deposits

Others (Pl

Specify)

Total

Liquid

Assets

Total

Credit

Facility

Liquid Assets as on

31.03.2012

Credit Facility

Total for

JV

2

Total for

JV

2

Description

(Rs. in

Lakh) Description

(Rs. in

Lakh)

Cash in

Hand

Cash

Credit

Cash at

Bank

LC

Total Estimated Cost of

the packages quoted for

Fixed

Deposits

Others (Pl

Specify)

One fifth of the total

Estimated Cost as above.

Total

Liquid

Assets

Total

Credit

Facility

Note: Continuation sheets, of like size and format, may be used as per Bidder‟s requirements

and annexed to this Schedule.

I/We declare that we are fulfilling the qualifying requirements as per clause no. 2.0 of Section –

I, Invitation for Bids (IFB).

For & on behalf of ………… (Name of the

Bidder). (All members of JV / Consortium should

sign).

Details of qualification and experience of key personnel proposed for carrying out the works

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Sl.

No

Name of

Personnel

Degree/

Diplom

a

Bra

nch

Year of

Passing

Past Experience

Fro

m

To

Name of

Employ

er

Position

Held

Responsibiliti

es/ Relevant

experience

Date: (Signature) …………………..

Place: (Printed Name) ……………….

(Designation) …………………..

(Common Seal) …………………

Note: 1. Continuation sheets, of like size and format, may be used as per Bidder‟s

requirements and annexed to this Schedule.

2. In case of Joint Venture, separate sheet for each partner of Joint Venture

should be used.

Details for sub-contracting elements amounting to more than 10% of bid price

Sl.

No

Item Description

Qty. proposed to be bought-out/

Sub- contracted

Source of Supply

1.

2.

3.

4.

Date: (Signature) …………………..

Place: (Printed Name) ……………….

(Designation) …………………..

(Common Seal) …………………

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ANNEXURE – VIII

DETAILS OF COMMERCIAL DEVIATIONS

Bidder‟s Name & Address

To

CAPEX CELL

Corporate Office, NESCO,

Januganj, Balasore-19

Dear Sirs,

Sub: Commercial Deviation for Construction of Name of the project.

The following are the Commercial Deviations and variations from and exceptions to the

specifications and documents for the subject Project. These deviations and variations are

exhaustive. Except for these deviations, the entire work shall be performed as per your

specifications and documents

Volume/Clause

Ref./Page

No.

As specified in the

Specification

Commercial deviation and variation

to the specification

Date: (Signature) …………………..

Place: (Printed Name) ……………….

(Designation) …………………..

(Common Seal) …………………

Note: 1. Continuation sheets, of like size and format, may be used as per Bidder‟s

requirements and annexed to this Schedule.

2. This will be read out during opening of Part-I Bid.

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ANNEXURE – IX

DETAILS TECHNICAL DEVIATIONS

Bidder‟s Name & Address

To

CAPEX CELL

Corporate Office, NESCO,

Januganj, Balasore-19

Dear Sirs,

Sub: Technical Deviation for Construction of ………………. (Name of the Project)

The following are the Technical Deviations and variations from and exceptions to the

specifications and documents for the subject package. These deviations and variations are

exhaustive. Except for these deviations, the entire work shall be performed as per your

specifications and documents

Volume/Clause

Ref./Page No.

As specified in the

Specification / Relevant

ISS

Technical deviation and

variation to the

specification

Date: (Signature) …………………..

Place: (Printed Name) ……………….

(Designation) …………………..

(Common Seal) …………………

Note: 1. Continuation sheets, of like size and format, may be used as per Bidder‟s

requirements and annexed to this Schedule.

2. The deviations and variations, if any, shall be brought out separately for each of the

equipment.

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ANNEXURE – X

ADDITIONAL INFORMATION

Bidder‟s Name & Address

To

CAPEX CELL

Corporate Office, NESCO,

Januganj, Balasore-19

Dear Sirs,

We have enclosed with our proposal the following additional information for the subject,

package.

Sl. No Brief description of Information Ref.& Page No.

Date: (Signature) …………………..

Place: (Printed Name) ……………….

(Designation) …………………..

(Common Seal) …………………

Note: Continuation sheets, of like size and format, may be used as per Bidder‟s requirements

and annexed to this Schedule.

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ANNEXURE – XI

BOUGHT OUT & SUB CONTRACTED ITEMS

Bidder‟s Name & Address

To

CAPEX CELL

Corporate Office, NESCO,

Januganj, Balasore-19

Dear Sirs,

We hereby furnish the details of the items/sub-assemblies amounting to more than 10% of our

bid price, we propose to buy for the purpose of subject package

Sl. No Item description Qty. Proposed Source of Supply

Be bought/

Sub-contracted

1. …………………… ………………………….. …………………………..

2. ……………………. ……………………………. …………………………..

3. …………………….. ……………………………. ……………………………

4…………………….. ……………………………. …………………………….

5. ……………………. …………………………….. …………………………….

6. …………………… …………………………….. …………………………….

7. …………………… …………………………….. …………………………….

Date:

(Signature) …………………..

Place: ( Printed Name) ……………….

(Designation) …………………..

(Common Seal)

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ANNEXURE – XII

WORK COMPLETION SCHEDULE

Bidder‟s Name & Address

To

CAPEX CELL

Corporate Office,

NESCO, Januganj,

Balasore-19

Dear Sirs,

We hereby declare that the following Work Completion Schedule shall be followed by us for

the purpose of subject package

Sl. No Description of Work Period in Months( from the date of LOA)

1 Completion of detailed engineering

2 Procurement of raw materials

3 Establishment of site office

4 Erection

(a) Commencement

(b) Completion

5 Testing & Pre-commissioning

(a) Commencement

(b) Completion

6 Commissioning

Date: (Signature) …………………..

Place: (Printed Name) ………………. (Designation) ………………….. (Common

Seal) ………………..

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ANNEXURE – XIII

CHECK LIST

Bidder‟s Name & Address:

To

CAPEX CELL

Corporate Office,

NESCO, Januganj,

Balasore-19

Dear Sir,

N.B.:- The contents of this schedule will be read out during opening of Part-I Bid.

Signature of Bidder Date & Seal:

N.B:-

Sl.

No.

Item Description Status of the

Submission

of data

Remarks

1 2 3

1. Bid Guarantee Yes /No If yes please give details No, amount,

validity & date of issue.

2. Qualifying Data Yes /No

3. Commercial Deviation Yes /No

4. Technical Deviation Yes /No

5. Cost of withdrawn of

deviations

Yes /No

6. Bid validity Yes /No If yes state here the period.

7. Period of completion Yes/No If, yes please state here the period of

completion.

8. Additional information

offered by bidder

State here briefly

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1. The bid guarantee one original and one copy shall be furnished in two separate

sealed envelope appropriately superscribed thereon.

2. All Schedules pertaining to prices (originals) shall be furnished in a sealed envelope

duly superscribed thereon. Similarly one set of copies of such schedules shall be

given in a separate sealed envelope (these are not to be opened during opening of

Part –I ).

3. All other schedules, one set original and another copy shall be submitted in two

separate sealed envelope (these are to be opened during Part –I bid opening )

Date: (Signature) …………………..

Place: (Printed Name) ……………….

(Designation) …………………..

(Common Seal) ………………..

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ANNEXURE – XIV Page 1 of 3

PROFORMA OF INDEMNITY BOND TO BE EXECUTED BY THE CONTRACTOR FOR

THE EQUIPMENT/MATERIAL HANDED OVER BY NESCO FOR PERFORMANCE OF ITS

CONTRACT

(Entire Equipment consignment in one lot) (On non-Judicial stamp paper of appropriate Value)

INDEMNITY BOND

THIS INDEMNITY BOND is made this ............. day of ...........20.............. by.................... a Company

registered under the Companies Act, 1956/ Partnership Firm / Proprietary Concern having its

Registered Office at .........................(hereinafter called as „Contractor‟ or “Obligor” which expression

shall include its successors and permitted assigns ) in favour of North Eastern Electricity Supply

Company of Orissa Ltd.(NESCO) ,Corporate Office, Januganj, Balasore –756019, Odisha

registered under the Company Act 1956 (here in after called “Owner”)”Which expression shall

include its successors and assigns ) :

WHEREAS Owner has awarded to the Contractor a Contract for ............... vide its Letter of Award /

Contract No.................... dated.................... and its Amendment No. .................. and Amendment

No.................. (applicable when amendments have been issued) hereinafter called the “Contract”) in

terms of which Owner is required to handover various equipment to the Contractor for execution of

the Contract.

And WHERAS by virtue of Clause No............. of the said Contract, the Contractor is required to

executive an Indemnity Bond in favour of Owner for the Equipment/Material handed over to it by

Owner for the purpose of performance of the Contract / Erection portion of the Contract (hereinafter

called the “Equipment”)

NOW THEREFORE, This Indemnity Bond witnessth as follows: 1. That in consideration of various equipment as mentioned in the Contract, valued at Rs... ................

(Rupees .....................) handed over to the Contractor for the purpose of performance of the

Contract, the Contractor hereby undertakes to indemnify and shall keep Owner indemnified, for the

full value of the Equipment. The Contractor hereby acknowledges receipt of the Equipment as per

dispatch title documents handed over to the Contractor duly endorsed in their favour and detailed in

the Schedule appended hereto. It is expressly understood by the Contractor that handing over of the

dispatch title documents in respect of the said Equipment duly endorsed by Owner in favour of the

Contractor shall be construed as handing over of the Equipment purported to be covered by such title

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documents and the Contractor shall hold such Equipment is trust as a Trustee for and on behalf of

Owner.

2. That the Contractor is obliged and shall remain absolutely responsible for the safe transit / protection

and custody of the Equipment at Owner project Site against all risks, whatsoever, till the Equipment

are duly used / erected in accordance with the terms of the Contract and the Plant / Package duly

erected and commissioned in accordance with the terms of the Contract, is taken over by Owner.

The Contractor undertakes to keep Owner harmless against any loss or damage that may be caused

to the Equipment.

3. The Contractor undertakes that the Equipment shall be used exclusively for the performance /

execution of the Contract strictly in accordance with its terms and conditions and no part of the

equipment shall be utilized for any other work or purpose whatsoever. It is clearly understood by the

Contractor that non-observance of the obligations under this Indemnity Bond by the Contractor shall

inter-alia constitute a criminal breach of trust on the part of the Contractor for all intents and purpose

including legal / penal consequences .

4. That NESCO (as the case may be) is and shall remain the exclusive Owner of the Equipment free

from all encumbrances, charges or liens of any kind, whatsoever. The Equipment shall at all times

be open to inspection and checking by Engineer in Charge / Engineer or other employees/agents

authorized by him in this regard. Further, Owner shall always be free at all times to take possession

of the Equipment in whatever form the Equipment may be, if in its opinion the Equipment are likely

to be endangered, misutilised or converted to uses other than those specified in the Contract, by

any acts of omission or commission on the part of the Contractor binds himself and undertakes to

comply with the direction of demand of Owner to return the Equipment without any demur or

reservation.

5. That this indemnity Bond is irrevocable. If at any time any loss or damage occurs to the Equipment

or the same or any part thereof is misutilised in any manner whatsoever, then the Contractor hereby

agrees that the decision of the Engineer-in-Charge/Engineer of Owner as to assessment of loss or

damage to the Equipment shall be final and binding on the Contractor. The Contractor binds itself

and undertakes to replace the lost and/or damaged Equipment at its own cost and/or shall pay the

amount of loss of Owner without demur, reservation or protest. This is without prejudice to any

other right or remedy that may be available to Owner against the Contractor under the Contract

and under this Indemnity Bond.

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6. NOW THE CONDITION of this Bond is that if the Contractor shall duly and punctually comply with

terms and conditions of this Bond to the satisfaction of Owner, THEN, the above Bond shall be void,

but otherwise, it shall remain in full force and virtue.

IN WITNESS WHEREOF, the Contractor has hereunto set its hand through its authorized representative under the

common seal of the Company, the day, month and year first above mentioned.

SCHEDULE

Particulars of the

Equipment handed over

Quantity Particulars of Dispatch Title Documents

Value of the Equipment

Signature of Attorney (authorised representative as a

token of receipt RR / GR / No. / Date of Bill of Lading

Carrier

For an on behalf of M/s..............................................

WITNESS

1. 1. Signature ...................................... Signature .....................................

2. Name ........................................... Name ..........................................

3. Address........................................ Designation ................................

Authorised representative *

2. 1. Signature .....................................

2. Name ..........................................(Common Seal in case of Company)

3. Address .......................................

* Indemnity Bonds are to be executed by the authorised person and (i) in case of Contracting

Company under common seal of the Company or (ii) having the Power of Attorney issued under

common seal of the company with authority to execute Indemnity Bonds, (iii) In case of (ii), the

original Power of Attorney if it is specifically for this Contract or a Photostat copy of the Power of

Attorney if it is General Power of Attorney and such documents should be attached to Indemnity

Bond.

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ANNEXURE-XV

SELF DECLARATION FORM

Name of the Purchaser: -------------------------

Sir,

Tender Notice No: ----------------------------- 1. I / we, the undersigned do hereby declare that, I / we have never ever been blacklisted and

/ or there were no debarring actions against us for any default in supply of material /

equipments or in the performance of the contract entrusted to us in any of the Electricity

Utilities of India.

2. In the event of any such information pertaining to the aforesaid matter found at any

given point of time either during the course of the contract or at the bidding stage, my

bid/contract shall be liable for truncation / cancellation / termination without any notice at

the sole discretion of the purchaser.

Place- Date-

Yours faithfully,

Signature of the bidder With seal

(This form shall be duly filled-up and signed by the bidder & submitted along with the original copy of the Bid.)

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ANNEXURE – XVI (A)

PROFORMA FOR BANK GUARANTEE FOR EARNEST MONEY DEPOSIT

(ON NON-JUDICIAL STAMP PAPER OF Rs.100/-)

Ref Date Bank Guarantee No:

In accordance with invitation to Tender Notice No.--------- Dated ------------- of North Eastern

Electricity Supply Company of Orissa Ltd. [herein after referred to as the NESCO] for the execution of

(name of package)

M/s Address

wish/wished to participate in the said

tender and as the Bank Guarantee for the sum of Rs.

[Rupees Valid for a period of ………… days (in

words) is required to be submitted by the Bidder.

1.We the [Indicate the Name of the Bank]

[Hereinafter referred to as „the Bank‟] at the request of M/S

[Herein after referred to as

supplier (s)] do hereby unequivocally and unconditionally guarantee and undertake to pay during the

above said period, on written request by NESCO an amount not exceeding Rs. to

the NESCO, without any reservation. The guarantee would remain valid up to 4.00 PM of

[date] and if any further extension to this is required, the same will be extended

on receiving instructions from M/s on whose behalf

this guarantee has been issued.

2. We the [Indicate the name of the bank] do hereby

further undertake to pay the amounts due and payable under this guarantee without any demur, merely

on a demand from the NESCO stating that the amount claimed is due by way of loss or damage caused

to or would be caused to or suffered by the NESCO by reason of any breach by the said supplier [s] of

any of the terms or conditions or failure to perform the said Bid. 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 liability under this guarantee shall be restricted to an amount not exceeding

Rs. (in wards)

3. We, the Bank undertake to pay the NESCO any money so demanded not

withstanding any dispute or disputes so raised by the supplier [s] in any suit or proceeding

instituted/pending before any Court or Tribunal relating thereto, our liability under this agreement being

absolute and unequivocal. The payment so made by us under this bond shall be a valid discharge of our

liability for payment there under and the supplier(s) shall have no claim against us for making such

payment.

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4. We, the Bank [Indicate the name of the bank] or our local branch at Bhubaneswar further

agree that the guarantee herein contain shall remain in full force and effect during the aforesaid period of --

------------ days and it shall continue to be so enforceable till all the dues of the NESCO under by virtue of

the said Bid have been fully paid and its claims satisfied or discharged or till NESCO certifies that the

terms and conditions of the said Bid have been fully and properly carried out by the said Supplier [s] and

accordingly discharges this guarantee. Unless a demand or claim under this guarantee is made on us in

writing on or before the (date) we shall be discharged from all liability under this

guarantee thereafter.

5. We, the Bank [Indicate the name of the bank] or our local branch at Bhubaneswar further

agree that the NESCO shall have the fullest liberty without our consent and without affecting in any

manner our obligations here under to vary any of the terms and conditions of the said Bid or to extend time

of performance by the said Supplier [s] from time to time or to postpone for any time or from time to time

any of the powers exercisable by the NESCO against the said supplier [s] and to forbear or enforce any of

the terms and conditions relating to the said bid and we shall not be relieved from our liability by reason of

any such variation, postponement or extension being granted to the said Supplier [s] or for any forbearance

act or omission on the part of the NESCO or any indulgence by the NESCO to the said Supplier[s] or by

any such matter or thing whatsoever which under the law relating to sureties would but for this provision,

have effect of so relieving us.

6. This guarantee will not be discharged due to the change in the name, style and constitution of the Bank

or the supplier [s].

7. We, the _Bank or our local branch at Bhubaneswar lastly undertake not revoke this

Guarantee during its currency except with the previous consent of the NESCO in writing.

8. We, the Bank further agree that this guarantee shall also be invokable at

our place of business at Bhubaneswar [Indicate address & Branch code of local branch at

Bhubaneswar] in the State of Orissa.

Dated Day of 2012.

Witness ((Signature, names & address) For [Indicate the name of Bank]

1. Power of Attorney No. 2 Date:

SEAL OF BANK

Note: The non-judicial stamp paper of worth Rs.100/- shall be purchased in the name of the

bank, which has issued the bank guarantee.

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ANNEXURE- XVI (B)

FORM OF EXTENSION OF BANK GUARANTEE (ON NON-JUDICIAL STAMP PAPER OF Rs.100/-)

Ref. No.

Dated:

NESCO Ltd.,

Corporate Office,

Januganj, Balasore-19

Dear Sirs,

Sub: Extension of Bank Guarantee No. for Rs. favouring yourselves

expiring

on account of M/s.

in respect of contract

No. dated (hereinafter called original bank guarantee).

At the request of M/s. we bank Branch office at having its

head office at do hereby extend our liability under the above mentioned guarantee No.

Dated for a further period of

Years/months from to

expire on except as provided above, all other terms and conditions of the original bank

guarantee No. _dated shall remain unaltered and binding.

Please treat this as an integral part of the original guarantee to which it would be attached.

Yours faithfully,

For

Manager/Agent/Accountant

Power of Attorney No.

Date:

SEAL OF BANK

Note: The non-judicial stamp paper of worth Rs.100/- shall be purchased in the name of the bank,

which has issued the bank guarantee.

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