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DAMODAR VALLEY CORPORATION

WORKS & PROCUREMENT


MANUAL
2016

(This document is meant for the exclusive tendering purpose and shall not be transferred, reproduced or
otherwise used for purposes other than that for which it is specifically issued)

Updated upto June 2017


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Works & Procurement Manual - 2016

Revision - 03 of the subject manual was uploaded to the DVC Portal on 19th August,
2016 and the same has thereafter undergone several changes through different office
memorandums. The present one being revision - 03 incorporating all OMs upto June, 2017.
The purpose of these revisions were to make the manual more usable and were based on
successive feedback received from different user departments.

As time progresses, more updates may be inevitable, and the Works & Procurement
Manual-2016 contains provisions and procedures for incorporation of such future changes.
Since changes become applicable from approved/published dates, users may kindly ensure
that they consult the latest revision of the manual as uploaded in the Portal time to time.

Date : 30th June, 2017 (Alok Raychaudhuri)


Executive Director (C & M)

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Fundamental Canons

1. Executive shall hold paramount the safety, health and welfare of the public and shall
strive to comply with the principles of sustainable development in the performance
of their professional duties.

2. Executive shall refrain from issuing public statements. If imperative, statements be


made only in an objective and truthful manner.

3. Executive shall build their professional reputation on the merit of their services and
shall not compete unfairly with others.

4. Executives shall act in professional matters avoiding any conflicts of interest.

5. Executive shall act in such a manner as to uphold and enhance the honour, integrity
and dignity of the organization and shall act with zero-tolerance for bribery, fraud and
corruption.

6. Executives shall continue their professional development throughout their careers


and shall provide opportunities for the professional development of juniors under their
supervision.

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CONTENT

Sl. No. Description Page No.

Section-I : General 1
1 Objectives 2
2 Power for modification and deviations 2
3 Interpretation/Clarification of works &
Procurement manual 3
Section-II : Estimate 5
1 Last purchase price/work order value 6
2 Other criteria 6
3 Check list for estimate 8
Section-III : Procedure for Indenting 9
1 Procedure for indenting 10
2 Mode of indenting 10
3 Processing of indent & placement of order 12
Section-IV : E-Tendering 13
1 Procurement/tendering procedure 14
2 Vendor registration for e-tendering 14
3 Processes for e-tendering 15
4 Security features 17
Section-V : Tender Methodology 19
1 Pre-qualification methodology (EOI) 20
2 Post-qualification methodology 22
3 Pre-enquiry/tendering activities 22
4 Selection of bidding process 23
a) Single stage bid with four envelopes 23
b) Single stage bidding with three envelopes 23
c) Single stage bidding with two envelopes 24
d) Single stage bidding with one envelope 24
5 Mode of tendering 24
a) Open tendering 25
b) Limited tendering 26
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c) Single tendering 27
d) Spot/committee purchase 27
e) Short tender notice 28
6 Award of contract on nomination basis 28
7 Source standardization procedure 30
8 Splitting of order between two or more agencies 32
9 Adoption procedure of vendors for purchase of medicine 33
10 Adoption procedure for purchase of medicine from
GMSD (Govt. Medical store depot) 33
11 On imports 34
12 PMC or AMC or PRC for works of Civil/Electrical/
Mechanical/C&I in respect of office equipment/
Computer/Printer/Photocopier etc. 36
13 Rate contract for procurement 37
14 Procedure for rate contract (work/services/procurement) 38
15 Common to both maintenance contract (works/services)
and rate contract (work/services/procurement) 40
Section-VI : Reverse e-auction 41
1 When to use reverse e-auction 42
2 Definition of key terms for reverse e-auction 44
3 Role of Service Provider 48
4 Reverse e-auction system and processes of
service provider 50
Section-VII : Qualifying Requirements 53
1 Qualifying requirements 54
a) For procurement 54
b) For works contract 54
c) For ARC 54
2 Financial capability 55
3 Technical capability 56
4 Process of QR 57
5 Formation of QR committee 59
6 Flow chart of process for preparation and approval of QR 66

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Section-VIII : Tender Documents 67


1 Tender documents 68
2 Letter of bid 68
3 Techno-commercial parameter sheet 68
4 Technical specification 69
5 Price bid 69
6 Integrity pact 70
7 Cost of tender documents 71
8 Earnest money deposit for tenders 72
9 Acceptance of bank guarantee submitted by the bidder
towards EMD/bid security/bid guarantee 73
10 Permanent earnest money deposit 75
11 Tender document selling (offline) for open tendering 75
12 Amendment of bidding documents 75
13 Payment terms 76
14 Liquidated damage 79
15 Risk purchase 81
Section-IX : Tender Opening & Evaluation Process 85
1 Invitation for bids 86
2 Pre-bid conference 86
3 Tender receipt 87
4 Tender opening 88
5 Receipt and opening of single stage bids 89
6 Procedure for processing the tenders received 90
7 Construction and approval of tender committee 91
8 Consideration of purchase/work/service order proposal 93
9 Scope of work of TC 94
10 Evaluation process (on line) 96
11 Evaluation process (off line) 98
12 Evaluation process (common to online/offline) 99
13 Verification of documents 102
14 Bid evaluation procedure (price part) 103

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15 Comparative statement preparation 106


16 Ranking statement 107
17 Reasonability of prices 107
18 Lack of competition 107
19 Post tender negotiations 108
20 Extension of validity of offers 109
21 Offers with shorter validity 110
22 Post tender revision/revised price bids/
Supplementary price bids 110
23 Tenders from agents of Indian manufacturers 110
24 Delivery period consideration 111
25 Checklist for TC to TAA 111
Section-X : Time Frame of Tendering 117
1 Estimated Time / Time Schedule 118
Section-XI : Order and Post Order Activities 127
1 Placement of PO/WO/SO 128
2 Agreement 128
3 Follow-up and payment process 128
4 Tolerance in PO quantity 130
5 Pre-dispatch inspection (PDI) receipt of material etc. 130
6 Checklist for Payment 131
7 Payment procedure 132
8 Publishing of summary on awards of contract/P.O. 133
Section-XII : Vendor Registration 135
Section-XIII : Performance Evaluation 163
Section-XIV : Vendor Removal 173
Section-XV : NIT Format 181
1 Invitation for bid 182
2 Scope of work 184
3 Qualifying requirement 184
4 Terms and conditions 186
5 S.D.B.G. cum Performance Guarantee 188

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6 Delivery required 188


7 Warranty clause 189
8 Clarification of bid documents 189
9 Amendment of bidding documents 190
10 Preparation of bids 190
Section-XVI : GCC 193
1 Definition 194
2 Reference 195
3 Specifications and drawings 195
4 Standards 195
5 Conditions for forfeiture of EMD 195
6 Discrepancies 196
7 Cost compensations for deviations 196
8 Inspection/checking/testing 197
9 Access to vendor’s premises 197
10 Transit insurance & removal and replacement
of rejected goods 197
11 Terms of payment 198
12 Additions/Alterations/Modifications 199
13 Delivery schedule / completion period 199
14 L.D. For delaying delivery/completion of works 200
15 S.D.B.G. 200
16 Patent rights 202
17 Force majeure 202
18 Cancellation/short closure 202
19 Owner supplied materials (OSM) 203
20 Recovery of excess consumption 203
21 Changes in constitution of business 204
22 Waiver 204
23 Compliance of regulations 204
24 Sub-letting & assignment 204
25 Vendors drawing & data 204

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26 Information provided by the purchaser/owner 205


27 Modifications 205
28 Guarantee/warranty 205
29 Demurrage / Wharfage 206
30 Grafts/commission 206
31 Governing law 206
32 Safety Clauses of O&M Contracts 207
33 Safety clauses for construction activities 211
34 Site works 219
a) Setting out/supervision/labour 219
b) Contractor’s equipment 220
c) Site regulations and safety 220
d) Opportunities for other contractors 220
e) Emergency work 221
f) Site clearance 221
g) Disposal of scrap 221
h) Watching and lighting 222
i) Work at night and on holidays 222
35 Settlement of disputes & arbitration 222
36 Optional terms and conditions of contract 223
a) Mobilization advance/advance 227
b) Payment through RTGS/NEFT 228
c) Selection sub-vendors 230
d) Mode of dispatch 231
e) Acceptance 232
f) Settlement of Disputes & Arbitration 232
g) Work Programme 234
h) Transfer of ownership 235
i) Changes in the facilities 236
j) Termination 238
k) Confidential information 243
l) Representatives 244

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Section-XVII : ANNEXURES 247


ANNEXURE-A Commercial terms & conditions 248
ANNEXURE-B Price bid 250
ANNEXURE-C Deviation schedule 252
ANNEXURE-D Cost of withdrawal of deviations 253
ANNEXURE-E Details of banker for making payment through RTGS/NEFT 254
ANNEXURE-F Purchase order format 255
ANNEXURE-G Certificate of OEM/OES/Proprietory/standardised articles 258
ANNEXURE-H Bid opening statement 260
ANNEXURE-I Release of earnest money deposit 262
ANNEXURE-J Request to indenting officer for no demand
certificate to release BG 263
ANNEXURE-K No demand certificate to release BG 264
ANNEXURE-L Release of security deposit - bank guarantee 265
ANNEXURE-M Bank guarantee verification check list 266
ANNEXURE-N Form of extension of bank guarantee 268
ANNEXURE-O Proforma of bank guarantee for advance 269
ANNEXURE-P Proforma of bank guarantee in lieu of earnest
money deposit 271
ANNEXURE-Q Proforma of bank guarantee for security
deposit-cum-performance guarantee 273
Indemnity bond 276
ANNEXURE-R Checklist to be sent by tender committee to TAA 278
ANNEXURE-S Materials despatch clearance certificate 280
ANNEXURE-T Inspection Report 281
ANNEXURE-U Summary sheet of proposal placed at TC (at HQ)
by field TC 282
ANNEXURE-V Agreement for AMC/ARC/Operational/TC/COC/
FC/BHC etc. 286
ANNEXURE-W List of commercial banks as per RBI
(source RBI website dt.08-06-2012) 295
ANNEXURE-X Proforma of BG for additional contract
performance guarantee 298
ANNEXURE-Y Proforma of integrity pact 300
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Closing of Contracts 307


ANNEXURE-I.1 Certificate of final amendment to the contract 310
ANNEXURE-I.2 Drawing receipt certificate 311
ANNEXURE-I.3 QA documents receipt certificate 312
ANNEXURE-I.4 O&M manual receipt certificate (where applicable) 313
ANNEXURE-I.5 Scope completion certificate 314
ANNEXURE-I.6 Liquidated damages for delay certificate 315
ANNEXURE-I.7 Shortfall in equipment performance certificate
(where applicable) 316
ANNEXURE-I.8 Material reconciliation certificate 317
ANNEXURE-I.9 Payment reconciliation certificate 318
ANNEXURE-I.10 Certificate regarding labour payments and statutory
requirements to be furnished by contractor 320
ANNEXURE-I.11 No demand certificate by contractor 321
ANNEXURE-I.12 Certificate for completion of warranty period 322
ANNEXURE-I.13 Certificate for return of BGS/ indemnity bonds etc. 323

ANNEXURE-1.1 Letter of bid 324


ANNEXURE-1.2 Proforma for affidavit to be submitted by the bidder 325
ANNEXURE-1.3 Technical parameter sheet 326
ANNEXURE-1.4 Price schedule of supply 327
ANNEXURE-1.5 Price schedule of works 328
ANNEXURE-1.6 Power of attorney (in case of JV/associates) 329
ANNEXURE-1.7 Power of attorney 331
ANNEXURE-Z1 Indent for procurement/ works 332
ANNEXURE-Z2 Nomination of tender evaluation committee members 334
ANNEXURE-Z3 Proposal for amendment to PO 335
ANNEXURE-Z4 Letter head 336
ANNEXURE-Z5 Amendment to PO 338
ANNEXURE-Z6 Pre-enquiry activities (by TIA) - check-list 339
ANNEXURE-Z7 Preparation of tender enquiries check list (by TIA) 340

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ANNEXURE-Z8 Consolidated check list to be sent by TC to TAA


along with final recommendation 341
ANNEXURE-Z9 Extension of due date of receipt of bids 343
ANNEXURE-Z10 Recommendation of tender committee (TC)
for approval of TAA 344
ANNEXURE-Z11 Office memorandum 348
Guidelines for implementation of public procurement
policy of GOI 351
Office Circular 373

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SECTION-I

GENERAL

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SECTION-I: GENERAL
I OBJECTIVES
1) To ensure procurement of equipment, materials, works and services of right quantity,
of right quality from right source at right price and at right place and time, keeping
transparency in tendering/contractual process.
2) To keep pace with the changed scenario under the dynamic market conditions, liberalized
economy, new technology/process/product for procurement.
3) To create competitive environment by providing opportunity to all qualified eligible
bidders to participate in the tendering process.
4) To bring out economy and efficiency in implementation of the purchase/ project/works
contract within given time schedule.
5) To maintain proper co-ordination amongst contractors/suppliers/service providers and
Indenting Departments.
6) To prepare vendors/agency profile as well as updating of vendor/agency list depending
upon the performance of the vendor and explore new entries in the requisite field.
7) To encourage the development of local vendors/agencies and domestic manufacturing
industries.
8) To explore import substitute without compromising quality and price.
9) All contracts for purchase of goods, execution of works and services entered into by
DVC are governed by the Sale of Goods Act, Indian Contract Act, Negotiable Instrument
Act, Information Technology Act, Common Goods Carrier Act, Excise Tax Act, Sales
Tax Act, Service Tax stipulations, Income Tax Act, Insurance Act etc.
10) The Purchase Order/Contract shall in all respect be deemed to be and shall be
constructed and shall operate as an Indian Contract as defined in the Indian Contract
Act 1872 and all payments there under shall be made in Rupees, unless otherwise
specified.
II POWER FOR MODIFICATION AND DEVIATIONS:
1) The procedures laid down in this manual are required to be followed. In case of additional
need for modification/ addition/ deletion of any of the clauses mentioned in this manual,
matter should be referred to Standing Committee on W&P manual constituted under
the chairmanship of CMM. C&M Department (HQ) will obtain approval of Chairman
with regard to minor modification/minor addition/ minor deletion as recommended by
standing committee after vetting of Finance. However, approval of Board will be obtained
before any major changes in W&P manual. The standing committee will meet every
three months to review the clauses of W& P manual to update it and a report is to be
submitted by C&M Department (HQ) to Board once in a year.

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2) In exceptional circumstances, if NIT document/Tender is to be finalised in deviation of


the provisions, clauses, terms & conditions of the Works & Procurement Manual, then
deviation are required to be approved by concerned Member if not specifically empowered
otherwise elsewhere in W&P Manual.
3) Further in case there is a deviation to CVC guidelines, the same is required to be
approved by the Chairman under intimation to Board in due course and information to
CVC & MOP.
4) In case of Tender Accepting Authority (TAA) is Board/ Chairman, approval of concerned
member shall be obtained for any related activities of tendering which are not specified
in W&P Manual. However, tender will be accepted by Chairman//Board as per stipulation
of DFP in this case.
5) All the relevant policies of GOI towards public procurement will be adopted in the Works
& Procurement Manual with the approval of Chairman time to time with intimation to
the Board.
III INTERPRETATION / CLARIFICATION OF WORKS & PROCUREMENT MANUAL:
Any executive seeking clarification/interpretation of the Works and Procurement Manual
will send mail furnishing, clause ref, page ref and the point on which clarification is
sought to Chief Materials Manager (CMM), DVC Head Quarters. CMM should reply
within 15 days of the receipt of the mail after obtaining approval from Member (Technical)
with vetting of Member (Finance) wherever required.

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SECTION-II

ESTIMATE

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SECTION-II : ESTIMATE
A) LAST PURCHASE PRICE/ WORK ORDER VALUE:-
To prepare the estimate of work/proposal, Last Purchase Price (LPP)/Last Work Order
may be considered on the following lines:
1) The last purchase price (LPP) / last work order value will be the price paid in the latest
contract of a similar work/magnitude, which is not more than three years old from the
date of tender estimate. When said similar item /work is not available, alternative
methodologies may be resorted to.
2) Where the firm holding the LPP / last work order value contract has defaulted, the fact
should be highlighted in the contract proposal/indent and the price paid against the
latest contract placed prior to the defaulting LPP / last work order value, where supplies
/ works have been completed, should be indicated but not more than 03 (three) years
old from the date of estimate.
3) Where the price indicated in the LPP / last work order value is subject to variation,
besides indicating the original price of the LPP / last work order value, the updated
price as computed in terms of the price variation clause, should also be indicated.
4) Where the supply/work order against the LPP / last work order value is yet to commence,
i.e., delivery / completion schedule is not yet due, it should be indicated in the contract
proposal, whether the contract holder is a past supplier/registered vendor/new vendor.
In case of a new vendor, the price paid against the previous contract as in the case of
(2) above should be indicated.
5) In the case of wholly imported stores, the comparison of the LPP should be made with
the net C.I.F. value in foreign currency only.
6) Indication of the percentage of increase over LPP/ last work order value should invariably
be given in the contract proposals/indents. For this purpose, a LPP / last work order
value register will be maintained by all contract handling departments as well as share
information among all the plants and HQ by sending copies of PO/WO for items/ works
common to them.
B) OTHER CRITERIA:
1) As the estimated rate/cost is a vital element in establishing the reasonableness of
prices, it is important that the same is worked out in a realistic and objective manner
on the basis of prevailing market rates, last purchase price / rate (not older than three
years), economic indices (In absence of related indices, inflation @ 6% p. a or part
thereof may be considered) for the raw material/labour (the same may be obtained
from Labour Bureau, Shimla, RBI, or other Govt. published bulletin), other input costs,
IEEMA formula, published data in paper/journals, wherever applicable and assessment
based on intrinsic value etc. To take care of annual inflation last purchase rate if older
than one year, @ 6% or change in related indices against basic material can be escalated
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per year. In case of preparation of estimate for AMC/ARC/one time job/procurement,


estimate should be based on minimum wages of Central govt. adopted by corporation
for deployment of different category of workers/supervisors etc. for the job and based
on prevalent market rate for category of workers/supervisors where said minimum
wages rates are not available.
2) For civil works, latest published schedule rate of CPWD, DSR along with cost index
(published by CPWD) thereon will be automatically adopted. Cut-off Date for latest
DSR will be the date as adopted by CPWD. Items related to civil works of power
plant/system reference of similar items of other organization like NTPC, PGCIL, BHEL
& Govt. PSU may be referred if such items are not available in DSR. However, Technical
Sanction accorded/ Estimated Cost Approved based on previous DSR prior to cut-off
date will remain unchanged for further course of tendering.
3) Budgetary offers (when other above said option such as LPP/Schedule rate is not
available) from the reputed manufacturers/agency for procurement/work/services may
also be considered as a basis of estimate. Multiple budgetary quotations is preferable
to be obtained (except PAC/OEM/OES/Single Source Items) and 90% of lowest
budgetary offer should be considered.

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C) CHECK LIST FOR ESTIMATE


Name of the Work/Item:
Sl No Basis of Estimate Documents Remarks
Submitted
1 Last Purchase Price
2 Prevailing Market Rate of major equipments /
items for the Package.
3 Last Contract Price vis-à-vis change in scope, if any.
3 Economic Indices for raw materials / labour / market
trend, Exchange Rate, Escalation, etc, if considered.
4 Civil Works:
a) CPWD-DSR along with Cost Index
b) PSUs/ Govt Schedule
c) Approved by Civil Engineering Department,
DVC (NSU items)
e) Based on market rate
5 Detailed BOQ with rate for the entire scope under
the Package.
6 Budgetary Offer Price from reputed manufacturer /
contractor (90% of the L1 offer).
7 Annual inflation rate, if considered.
8 Latest Awarded cost / rate for similar package of
other organisation / Agencies.
9 Any other cost data for the similar package -
10 Estimated Cost in Rupees.

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SECTION-III

PROCEDURE FOR INDENTING

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SECTION-III: PROCEDURE FOR INDENTING


I For the purpose of indenting materials planning is to be done on the basis of following
group:-
1) Stock Items (Automatic Recoupment items- AR)
2) Insurance Item (I)
3) Unit Replacement Item (UR)
4) Capital Item (P)
5) Other non-stock items (Not falling under any of the above referred category) (O)
6) Check list for Indent is attached as Annexure-Z
II MODE OF INDENTING
The indent as per prescribed format should be completed in all respect with the following
information.
1) Description of item should contain the detailed specifications which should include the
relevant IS/BS standard or any other acceptable standard drawing details etc. so that
calling of sample may be avoided as far as possible.
2) Quantities to be indented item wise shall depend on past consumption, anticipated
consumption in future, nature of the item including shelf life & classification of items
as above. Moreover the lead time is a major factor for deciding the quantity. Indent
should be raised at least one lead time in advance of the expected date of use and
depending on the market condition. In case of set, the definition of set to be furnished.
Further, the requirements should be clubbed as far as possible by Maintenance Planning
Cell (MPC) and in no case indent for the same item can be raised more than thrice in a year.
3) Estimated value of the indent should be as far as practicable. Basis of estimates should
be in line with Section II.
4) In case of works / service, proposal with scope of work/services to be placed to respective
C & M backed by estimated cost along with basis as well as all information wherever
available like last work order issued and its mode of tender, no. of techno-commercial
acceptable offers, accepted rate etc.
5) Indents for spares, consumables, capital plant & machinery and other assets should
be placed separately
6) Indent should enclose the following documents:
a) P.A.C./OEM/OES or Standardisation Certificate, wherever applicable (Annexure-G)
b) QAP/Inspection Procedures where pre-despatch inspection is involved.
c) Drawings, if any
d) Qualification requirement if any, in case of open tender.
e) Delivery period details and PDI requirement.
f) Detailed specification sheet, if any.
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7) Indent should be forwarded through system (EBA)//Format by the Plant Chief/Chief


Engineers to the Chief Materials Manager, C&M Deptt. Kolkata, where it is required to
be processed by the C&M Department (HQ).
8) Proposal for procurement/works/services should be forwarded by concerned user's
section to the appropriate authority as per Delegation of Financial Power (DFP) for
obtaining administrative approval to undertake the proposed procurement/ works/services
prior to allocation of budget and floating of enquiry by C &M Department. No separate
financial sanction order is required to be issued. However, budget provision may be
ensured by respective C&M Department/Technical cell in consultation with user section
before floating of enquiry.
However enquiry for Capital Procurement having lead time beyond approved budgetary
period may be floated with the approval of TAA with the concurrence of Headquarter
Finance (Budget)
9) In case of administrative approval authority being Board/ Chairman, administrative
approval to be obtained from the concerned Member where investment proposal is
already approved by Board / Chairman.
10) Indent should be placed well in advance considering the average lead-time for finalization
of contract so that material/ works/ service is available when it is required.
11) Justification of procurement along with the quantity to be procured should be given
based on back up sheet for last 3 years. If it is more than the moving average, the
reason for the same should be recorded along with utilization programme and to be
approved by one step superior of Tender accepting authority (TAA) before floating of
enquiry. If TAA is CE and above, no such approval of superior is required.
12) In case of item to be procured as new or for new project, Utilization programme should
be clearly indicated.
13) Back-up sheet furnished by store officers should be enclosed with the indent. The back-
up sheet should contain the details of consumption during the last three financial years,
consumption during the current financial year, moving average & present stock, pending
indent, pending ordered quantity, quantity to be ordered, rate as per last Purchase/Work
Order, Reference No. and the name of the last supplier. If the last P.O/WO had been
issued from Indenters end, copy of the same to be enclosed with the indent while
forwarding the same to HQ for initiating purchase action.
14) Wherever applicable, PAC/OEM or source standardization certificate for procurement
issued by the competent authority (CE/Sr. CE/HOD) in the prescribed format as given
in this manual (Annexure-G) should be enclosed with the indent in original.
For works and services, approval of not below the rank of CE/Project Head shall be
obtained with proper justification duly recorded.
15) First time procurement for replacement of any item, already in use should not be termed
as "New Item". It should only be stated as "First Time Procurement" and justification
for the same should be recorded.
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16) Those items, which have never been used, will be termed as "New Items". Justification
for such procurement should be elaborately recorded. The same is also to be approved
by one step superior of Tender accepting authority (TAA) before floating of enquiry. If
TAA is CE and above, no approval of superior is required.
17) Indent for items requiring import should be raised separately. (ii) Importation will only
be resorted to when there is no effective Indigenous substitute. However, this clause
is not applicable for import under Contract finalised through International Competitive
Bidding (ICB) route.
18) Proposal for procurement of improved or new version over the existing one should be
properly justified along with cost benefit analysis or obsolesce certificate as applicable
from concerned Executive Director/PCE/CE&HOP to be obtained prior to enquiry. For
items related to computer and associate accessories certification from IT department
shall be obtained.
III PROCESSING OF INDENT & PLACEMENT OF ORDER
1) All Indents for procurement of materials including medicine and proposal for works/services
above Rs. 1 lakh should be sent to respective Contracts & Materials department for
processing and placement of order, after obtaining the approval of the competent authority
as per concerned DFP. No other Department will issue/place order to any Party. Final
NIT/Tender Document should be sent to user section for comment, if any, before floating
of enquiry/NIT by Contracts & Materials department. All post tendering correspondence
with the Vendors/ Contractors will be made by the respective Contracts & Materials
(C&M) department only till execution of the contract agreement. During contract execution/
implementation stage, correspondence with the Vendors/ Contractors will be made by
the respective indenter (user section)/C&M officials as the case may be.
2) Before registration of indent, purchase section shall scrutinize the indents with regard
to various points e.g. completeness of specification, realistic delivery period, proprietary
article/standardisation certificate, approval of competent authority or any other deficiencies
in the drawing etc. requiring clarification in the absence of which procurement action
cannot be initiated by the purchase section. Quality plan should be enclosed with the
indent by FQA wherever pre-despatch inspection is required.
3) However, if indent is complete in all respect, respective C&M Department will constitute
QR committee.
4) For all meetings of QR Committee & Tender Committee, convener of the committee
will be from the respective C&M department. The file & documents shall be placed at
the time of meeting and circulation of file shall be avoided.
5) However, user section/indenter may continue with the tendering for procurement/
work/services with the approval of Member Concerned till the same is taken over by
the C&M Department and in this situation said user section/indenter will act as C & M
department.
6) However, the Direct Demanding Officers (DDO) as mentioned in Rate Contract (RC)
shall issue supply order directly to the vendor as per terms & conditions of RC after
ensuring fund provision and keeping supply order quantity within his demand placed
before RC Issuing Authority i.e. HQ(C&M).

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SECTION-IV

E- TENDERING

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SECTION-IV: E-TENDERING
I PROCUREMENT/TENDERING PROCEDURE:
E- Procurement/E-Tendering:-
1) E-procurement/ e-tendering is carrying out the traditional tendering process in an
electronic form using the internet. DVC has implemented the procurement/works/service
activities through e-tendering in line with Central Vigilance Commission (CVC) guidelines.
2) DVC has engaged a Service Provider for implementation as well as to carry on day to
day activities of e-tendering in respect of all sorts of tendering i.e., OTE, & LTE whose
estimated value will be equal to or greater than Rs. Two (02) lakhs for all cases.
However, threshold value may be relaxed up to Rs. Five (05) lacs considering the
nature of work/supply/services at the discretion of TAA with proper justification.
3) In case of non-conventional item like Bamboo, cow dung, other material/work of
horticulture/fisheries etc., where e-tender may not be feasible, offline system will continue
till infrastructure of online is available for such item(s).
4) However, Concerned Member is empowered to grant exemption from e-procurement
only in exceptional circumstances after recording justification beyond the above stipulated
limit.
5) Digital Signature Certificate (DSC) is required to be provided for all officers concerned
for the tenders to be floated for e-procurement. Number and name of executives for
DSCs shall be finalized by the head at concerned project.
6) Service Provider shall provide Class-III DSC having signing or signing & encryption
certificate as per requirement of DVC on chargeable basis. DVC may obtain Digital
Signature from any other sources also.
7) To log in the website of service Provider, the authorised persons shall be given user
ID and Password by the System Administrator of Service Provider.
8) System audit is to be done as per statutory requirement.
9) For getting login ID and Password, name of authorised executive shall be given by
DVC coordinator of the respective locations to Service Provider on their e-mail ID who
shall provide the ID and system generated password.

II VENDOR REGISTRATION FOR E-TENDERING


1) Registration Procedure:
a) To participate in the tender, the vendors have to register with the Service Provider/DVC.
b) Registration fee as applicable along with Service Tax will be paid by Vendor/Contractor/
Agency to DVC.
c) Service Provider Fee as applicable will be borne by the bidder/tenderer.
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d) The contact details of C&M and service provider shall be clearly mentioned in the NIT
documents.
e) The Registration shall be completed within four (4) days otherwise the matter shall be
brought to the notice of CMM/ ED(C&M)
2) Digital Signature Certificate
a) To participate in the tender, vendors should have a Digital Signature certificate (DSC)
having both signing & encryption certificate as it shall be required during uploading the
bids.
b) The fees for obtaining DSC are to be borne by vendors/contractors.
c) In case the bidder loses his DSC because of any problem (virus attack, misplacement
etc.), DVC shall not be held responsible. The bidders shall take necessary initiatives
for issue of new DSC and further registration etc. otherwise the bidder may not be able
to submit his bid online.
III PROCESSES FOR E-TENDERING
1) Tender will be floated on-line indicating all the salient details such as description of
items, indent value, delivery period, bid validity period, date of pre-bid meeting (if
applicable), start date and last date & time of submission of bid, period for seeking
clarifications online by the bidder, date and time of opening of Techno-commercial bid
etc. by uploading Notice Inviting Tender (NIT) and Terms & Conditions of supply/works/
service contract.
2) After creation of tender a unique Tender Id is automatically generated by the system.
3) The Tender can be downloaded by any prospective bidder from the website free of cost
and cost of tender documents to be submitted at the time of bid submission/uploading.
4) In order to submit the Bid, the bidders have to get themselves registered with the portal
and should possess valid Digital Signature Certificate. The Registration of the Bidders
on the portal will be on-line and one time activity. The system will assign a unique user
ID for each Bidder which will be valid for 01 (one) year.
5) The bidder will have to accept the Commercial and General Terms & Conditions of the
NIT/ Tender Document except which are spelt out in deviation sheet and cost thereof
along with on-line undertaking in support of the authenticity of the declarations regarding
the facts, figures, information and documents furnished by the Bidder on-line. No
conditional bid shall be accepted except as stipulated somewhere in this Manual with
regard to discount in Price offered by bidder.
6) In the undertaking given by the bidder on-line, there will be provision for forfeiture of
EMD and/or banning for participating in future tenders in DVC wherever applicable, if
any information given by the bidder on-line is found to be false at any stage which
changes the eligibility status of the bidder.

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7) The bidder may seek clarification on-line within the specified period. His identity will
not be disclosed by the system. The department will clarify as far as possible the
relevant queries of bidders. The clarifications given by department will be visible to all
the bidders intending to participate in that tender. The clarifications may be asked from
the next day of e-publication of tender. The last date for seeking clarification will be up
to be 7 (seven) days before the last date of submission of bid and the last date of giving
clarification on-line will be up to 5 (five) days before the last date of bid submission.
This clarification clause may be adopted where no pre-bid meeting is stipulated in
NIT/IFB/ Tender Document. The Creator/Service Provider of Tender will apprise the
Publisher regarding the sought clarifications on a regular basis and will submit a report
to the Publisher on the end date of seeking clarification regarding unanswered sought
clarifications of the bidders. This will be mandatory for the Creator/ Service Provider
and the final compliance report will be placed in file. The Tender Inviting Authority will
be responsible for giving the clarifications on-line within the prescribed time frame.
8) Corrigendum should be issued only in exceptional cases with the due approval of TIA.
However, corrigendum to NIT will be possible on-line with respect to extension of date
(uploading & submission date). However, the extension of date for an event will be
possible only before the expiry of earlier specified date and time for that particular
event. Preponement of date for any event is not permitted unless otherwise specified
elsewhere. The scanned copy of corrigendum notice is to be uploaded on the e-
Procurement Portal. The corrigendum notice should be hosted on the websites where
the original NIT has been hosted.
9) The bidder will submit Techno commercial Bid and Price bid online. However, the bidder
will have an option for submitting/depositing cost of tender document and EMD in off-
line mode other than electronic mode in the specified form/format as mentioned in
NIT/Tender Document either in person or by post which must be received in the office
of tender inviting authority on any working day after e-publication of NIT and upto last
date & time of submission of bid.
10) DVC shall not be responsible for any postal delay in receipt of cost of tender document
and EMD. In case the cost of tender document, EMD and other document as specified
in NIT/Bid Document are not received within the aforesaid period, the bid will not be
opened or outrightly rejected. The bidder will furnish all the information as sought on-
line regarding cost of tender document and EMD besides submission of Hard Copy as
stipulated above will be mandatory in all OTE cases. In case of exemption of EMD
applicable for any bidder, the scanned copy of document in support of exemption will
have to be uploaded by the bidder besides submission of Hard Copy before opening
the tender as stipulated above. (Documentary evidence means document like valid
registration certificate from appropriate government authority giving details such as
quantum of exemption, bid threshold value, validity, stores etc.). After opening of Part
I (cost of tender document, Integrity Certificate as applicable & EMD), the Tender
Opening Committee will validate the receipt of said documents based on the information

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furnished by the bidders online and their submitted instruments and the scanned copy
of document in support of exemption of EMD, if any. If the information furnished by
bidder online are in agreement with the submitted instruments then the bidder will be
evaluated as eligible for next step. The qualification in Techno commercial bid will be
subject to the receipt and acceptance of the above stipulated documents.
11) The bidder/s will also submit an affidavit (original) on a non-judicial stamp paper of
Rs.10 regarding genuineness of the information furnished by him/them online and
authenticity of the documents being produced by him/them. Bidders will not be required
to upload scanned copy of any document or to submit hard copy of any document for
the techno-commercial evaluation process except the scanned copy of Letter of Bid,
affidavit as mentioned above, cost of tender document, EMD, document in support of
exemption of EMD (if applicable), Integrity Pact Certificate (wherever applicable), excel
sheet for technical / techno-commercial evaluation besides submission of Hard Copy
of cost of document, Integrity Pact Certificate (wherever applicable) and EMD before
opening the tender. The information furnished by the bidders on-line along with on-line
undertaking with Digital Signature Certificate in support of the authenticity of the facts,
figures, information and documents furnished by them online will be accepted for the
Techno- commercial evaluation of the bids.
12) The bidder will download the Letter of Bid, Techno- commercial Evaluation Sheet and
the Price bid from the e-Procurement portal and upload these subsequently during
uploading/submission of bid as stipulated in bid document.
13) It will be the bidder's responsibility to check the status of their Bid online at least once
daily, after the opening of Techno-commercial bid till opening of the Price-bid. No
separate communication will be made to the bidder in this regard and this will be
specifically mentioned in the NIT.
14) The system will preserve the details of Techno Commercial bid and Price bid in the
archives for auditing purposes and the same can be accessed with special authorization.
15) Any tender hosted on the e-Procurement site must be logically concluded i.e. either
Award of work is issued or the tender is cancelled.
IV) Security Features
The security features incorporated in the application ensures that all activities are
logged, no unauthorised person has access to data, all sensitive data is encrypted and
system can be restored in minimal possible time in case of a disaster or system crash.

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SECTION-V

TENDER METHODOLOGY

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SECTION-V: TENDER METHODOLOGY:-


Identification of qualified bidders can be done through following methodology:
a) Pre-qualification methodology (EOI) and
b) Post-qualification methodology.
a) Pre-qualification methodology (EOI):
i. Expression of Interest (EOI) may be resorted to in case of packages for specialized,
expensive or technically complex contract, where details scope of work, appropriate
financial involvement, modality and level of deployment of resources, specification of
equipment/works/services and execution period to be required cannot be finalized/firmed
up due to lack of internal expertise.
ii. EOI to be invited through press advertisement and may be issued covering of following
areas:-
1. Nature of work to be executed with specifying the objective of work.
2. Desired timeframe which may be allowed to complete the work with commensurate
mobilisation of men/machineries/materials.
3. Expected investment, if any.
4. Evaluation process for short listing of vendors.
5. Other information which may affect the schedule of work during execution, if any.
iii. The methodology of finalising QR/Evaluation Criteria or Process will remain same as
applicable for tendering purpose stipulated in this Manual. Interested applicants should
offer their views on methodology with available latest technical data for execution of
such work along with the following documents:
1) Experience and performance certificate within the last 7 yrs. for similar work. In case,
subject work falls within an area of rapid changes in technology, experience and
performance certificate of similar works within the 2 yrs., if decided by QR approving
authority.
2) Available manpower/machineries/materials with the Agency to execute such work.
3) Last 3 yrs. Audited Annual Accounts.
iv. EOI will be issued to prepare a panel of Agency who are capable to accomplish the
desired work. In such cases, two stage tendering process is to be done. During the first
stage of tendering, acceptable technical solutions can be evaluated after calling for the
EOI from the leading experienced and knowledgeable manufacturers /suppliers in the
field of the proposed procurement. The broad objectives, constraints etc. could be
published while calling for EOI. On receipt of the EOI, technical discussion/ presentations
may be held with the short listed manufacturers/suppliers, who are prima facie considered
technically and financial capable of supplying the material or executing the proposed
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work. Proper record of discussions/ presentations and the process of decision making
should be kept. Once the technical specification and applicants are finalised, the second
stage of tendering could consist for techno commercial bids among the short listed
applicants of first stage as per the usual tendering system. The second stage shall be
considered as open tender so far as DFP is concerned.
v. Final selection at this stage would depend upon the quoted financial bids and the
evaluation matrix decided upon.
vi. Based on the technical discussion/ presentation with the expected bidders individually
or jointly, the scope and specification of work, level of deployment of resources to be
finalized and qualified bidders to be short listed based on the evaluation criteria/process
already notified in EOI and based on the available financial documents by an appropriate
QR committee based on the expected investment decision as per stipulation of QR
committee. However, considering the technical complexity of work, TAA may include
any outside expert on the subject area in the QR committee.
vii. Also for participation against EOI, the bidder shall not be required to furnish EMD/Bid
security, but EMD/Bid security in appropriate form to be asked at the time of issuance
of NIT/Tender Documents (Second stage).
viii. Illustrative Parameters to be kept as instruction to EOI bidder(s)/Applicants:
1) The bidder(s) shall bear all cost associated with the preparation and submission of its
EOI and DVC, will in no case be responsible or liable for reimbursement of any cost
to conclude the process.
2) At any time before the submission of EOI, DVC may for any reason what so ever carry
out amendments to this EOI documents at its own initiative or in response to a clarification
requested by the bidder(s). The amendment will be made available in DVC website
and will be binding on them. DVC may at its discretion extend the dead line for the
submission of proposals.
3) The bidder(s) will come up with the best suggestions on application of latest technologies
in the related fields and will offer solutions in integrating such technologies for reliable,
efficient and smooth completion of the work.
4) The bidder(s) will provide all necessary support and assistance in firming up of
specifications/ requirements as per DVC requirement.
5) DVC will process to short list the qualified applicants during the process of EOI on the
basis of QR. The bidder found prima facie QR qualified only will be called for Technical
Presentation. Minimum aspects of Technical presentation is to be specified in EOI bid
document and bidder failing to present said minimum Technical presentation will be
considered nonresponsive by DVC and will not be considered for shortlisting.
6) During course of evaluation of bid(s), bidder(s) will be invited to make a presentation
as stated above at a date & time notified by DVC. The purpose of such presentation
would be to allow the applicant to present their technical competency/solution, approach
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and methodology & quality of professional proposed and other key points for reliable,
efficient and smooth completion of the work. All these presentations are to be done
without any financial implication to DVC. Scope of work will be freezed by DVC based
on the presentation by different bidder(s) and accordingly the technical specification
will be finalized which will be basis for Bid document for Technical/Financial bids among
shortlisted EOI Applicants. There might be some variation in estimated cost (expected
investment) out of the above exercise and same would be included in final bid document.
Only eligible shortlisted applicants would be called for Technical/Financial bids.
7) The bidder(s) that are incomplete in any respect or those that are not consistent with
the requirements as specified in this document or those that do not adhere to formats,
wherever specified may be considered non responsive and may be liable for rejection
and no further correspondence will be entertained from such bidder(s).
8) A firm/company is eligible to be part of only one offer, either individually or as a part
of a consortium with associates.
9) Any additional instructions/information may be added. The EOI bid shall be valid for
six months from the date of opening of the bid. The above mentioned period of six
months may however be extended with the consent of the bidder(s).
b) Post-qualification methodology:
i. In case of Post Qualification Methodology, as detailed in previous paras, the QR for
bidders for a specific package shall be brought out explicitly in the bidding documents
and may also be spelt out clearly in the NIT/Tender Document published on Website.
ii. The intending bidders must furnish the information in support of fulfilment of qualifying
requirement, as fixed for the tender along with their offer, failing which their offer will
not be considered. This is also to be clearly spelt out in NIT/Tender Documents.
II PRE-ENQUIRY/TENDERING ACTIVITIES:
Pre-enquiry/tendering activities would only start after the receipt of indent / proposal
of work, complete in all respects. The following steps are to be taken or settled before
tendering:-
i. On receipt of the approved indent/ proposal, the Dealing officer will scrutinize the details
of the indent and if it is found that there is any deficiency, in the proposal, he will send
back to the indenter to set right of any deficiency .
ii. Creation of a file with the Indent/proposal documents.
iii. Approval for selecting the mode of tendering, in case of departure from normal procedure,
by TAA. In case of TAA is Board/ Chairman, approval of concerned member shall be
obtained.
iv. Finalizing the qualifying requirement for the indent if required by the appropriate QR
committee.

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v. The cost of tender documents & Earnest Money will be firmed up based on the estimated
cost.
vi. After approval of TIA, prepare the Tender Document sets.
vii. Finalising the enquiry/ tender details for limited tender, single tender etc. as well as for
advertisement in Newspaper and Website in case of open tendering as per stipulation
of W&P Manual and put up to TIA for approval.
III SELECTION OF BIDDING PROCESS:
Single Stage Bidding:-
The single Stage Bidding, in general, to be adopted for all types of tendering and may
be done in the following way:
1) Single Stage Bidding with 4 envelopes.
2) Single Stage Bidding with 3 envelopes.
3) Single Stage Bidding with 2 envelopes.
4) Single Stage Bidding with 1 envelope.
These are elaborated as below:-
1) Single Stage Bid with 4 (four) envelopes
The tender document consisting of separate four (4) sealed envelopes is to be submitted/
uploaded as per the detail indicated below.
Envelope A (offline): Earnest money, Integrity Pact (if applicable) and cost of tender
paper (if down loaded from Website).
Envelope B: The bidder(s) will furnish their values against each information as required
in QR Parameter Sheet (excel sheet), Power of Attorney or other document(s) evidencing
authorisation to sign the document digitally, and will submit/ upload the same Excel
sheet/ file during submission of bid with regard to Qualifying Requirement.
Envelope C: Tender Document (Technical Part) and Techno-commercial Terms &
Conditions as per Format (excel sheet) given in Technical Part of Tender Document
along with necessary deviation schedule.
Envelope D: Price Bid (Price Part of Tender Document) along with cost of withdrawal
prices for declared deviation.
2) Single Stage Bidding with 3 (three) envelopes
For any procurement/ works/services, may be adopted at the discretion of TIA.
For Single Stage, 3 - envelope tendering, the main envelope containing the offer should
contain three envelopes - A, B & C with proper superscripting.
Envelope 'A': Earnest money, Integrity Pact (if applicable) and cost of tender paper
(if downloaded from Website)
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Envelope 'B': Information on QR, technical part /techno-Commercial part filled up in


Excel Sheet along with necessary deviation schedule and Power of Attorney or other
document(s) evidencing authorisation to sign the document digitally.
Envelope 'C': Price part as per format enclosed in the Bid Document along with the
cost of withdrawal prices for declared deviations.
3) Single Stage Bidding with 2 (two) envelopes
For any procurement / works / services, bidding process may be adopted at the discretion
of TIA.
For cases of single stage, with 2 envelopes tendering, the main tender offering envelope
would contain two envelopes- A and B with proper superscripting therein as:-
Envelope 'A': Earnest money (if applicable), and cost of tender paper if downloaded
from Website.
Envelope 'B': Information on credentials and techno-Commercial part filled up in Excel
Sheet along with necessary deviation schedule, Power of Attorney or other document(s)
evidencing authorisation to sign the document digitally and Price part as per format
enclosed in the Bid Document along with the cost of withdrawal.
4) Single stage bidding with 1 (one) envelope:
This can be resorted for LTEs also where EMD are not asked for and for procurement
on single tender basis and any other tender, as decided by TIA.
IV MODE OF TENDERING
A. Before floating any enquiry (Capital / Spares / consumables / other assets / works /
Turnkey Projects), it shall be ensured that prior approval/sanction of the appropriate
authority as per relevant DFP is obtained.
B. The mode of Tendering should be assessed on the basis of proper technical justification
and not on the value of the indent alone.
C. However, the mode of tendering will be selected considering the following in general
i) The total estimated cost of Purchase/ estimated value of works/services to be made.
ii) Type of materials (proprietary or otherwise)
iii) No. of proven sources known and available and
iv) Urgency of requirement.
D. Depending on the above, followings are the mode of tendering which can be adopted
for the purpose of procurement / works / service contract:
Open Tendering with Reverse Auction: Details enclosed as Annexure-ZA

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1) Open Tendering:-
Through abridged press advertisement and hosting in DVC website.
a) The open tendering through press advertisement, in general, is to be resorted to for
high value purchases/Works/Services, having estimated value in excess of Rs. 25
lakhs. However, open tendering may also be resorted to for critical items/works having
estimated cost of procurement less than Rs.25 lakhs for which no source of
procurement/vendor base is available. However, overall economy in press advertisement
should also be taken care of and generally to be restricted to 5% of estimated cost.
Prior approval of Tender Inviting Authority in this regard is to be obtained.
b) Attention of all manufacturer or their authorised agents/distributor/dealer of a particular
equipment/material and capable vendors/agencies to undertake a particular work/services
will be drawn to the requirements of DVC and allowed to quote. Open tendering means
NIT/Enquiry has been given wide publicity and efforts are made to reach the bulk of
the potential vendors. For this purpose, short advertisements in ITJ and in three leading
Newspapers, out of which at least one Newspaper must be in a local vernacular of
users' unit/project. For example, if items are to be procured for Bokaro Thermal Power
Station, short advertisement shall be published in ITJ and in any leading newspaper
of Jharkhand published in Hindi, in one leading Newspaper from Kolkata and the other
one in English Newspaper published simultaneously from metro cities like DELHI /
KOLKATA / MUMBAI etc. For purpose of open tendering, apart from publishing the NIT
in short form in ITJ, Newspapers, detailed NIT including the bid documents (at least
commercial condition and Condition of Contract) are to be published in DVC's website
(www.dvc.gov.in) so that the same can be downloaded by the intending tenderer/bidder.
However, hoisting of engineering documents, as part of bid documents in Website
should also be considered, if technically possible and downloading should be allowed
after deposit of cost of Tender Documents.
c) Qualifying requirements should be specified in the web advertisement in details so that
only genuine and reliable parties are able to quote.
d) The copies of the advertisements published in the available Newspapers should be
kept in the relevant file along with recording the dates and names of other publication
selected for Tender notice.
e) If less than three quotations are received, process should normally be cancelled and
retendered. However, in case indenting department (officer equivalent to the rank of
TAA but not below the rank of CE) is satisfied that re-invitation is not likely to yield any
better result and it is not reasonably feasible to work with the existing contract/urgent
requirement of the materials/jobs, the offers received (even if less than three) may be
considered for opening and further processing. In case Member /Chairman/Board is
TAA, approval of ED of the indenting department may be obtained to the extent as
stated above. However, for response below three bidders, the approval for acceptance
of tender should be obtained from the next higher level authority prescribed in the
delegation, provided the rates are reasonable as to be assessed by TC.
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f) For Works / services having estimated value below Rs. 25 Lacs, the following
may also be reckoned as Open Tendering.
Tendering has been made amongst all the approved list of vendors (at least four vendors
in Approved List), who are considered capable by TIA to undertake tendered
works/services subject to condition that the said approved list of vendors has been
prepared in most transparent manner by press advertisement/on line vendor registration.
The methodology described under 'vendor registration' of this manual may also be used
for such purpose. Such vendors' list will be considered valid maximum for a period of
three (3) years from the date of enlistment. Working vendors' performance/ rating should
also be carried out on yearly basis.
2) Limited Tendering: -
i) Limited tenders shall be issued having estimated value of Rs. 25 lakhs and below, from
not less than ordinarily from four (4) parties from amongst the list of approved vendors
/ vendor with proven credential / Manufacturer / authorised agents, dealer or distributor
/ owner / proprietor of the firms having proven performance in the past through online
method having value Rs.2 lacs & above and for off-line tender shall be issued under
Certificate of Posting / Speed Post / Regd. Post / Courier for purchase/works/services.
Name of approved venders/parties for LTE is to be approved by Tender Inviting Authority
before floating NIT from amongst the list of approved vendors / vendor with proven
credential / Manufacturer / authorised agents, dealer or distributor / owner / proprietor
of the firms having proven performance in the past.
ii) All the parties to whom LTE are floated should categorically send their regret in case
of non- participation in the tender otherwise they may not be considered in future for
similar item and same is to be clearly mentioned in the enquiry.
iii) Where there is no approved vendor list / poor vendor list, the following stipulations may
be followed as per discretion of TIA:
a) For small works/procurements/contracts having estimated value up to Rs.2 Lacs,
tender/enquiry may be circulated in internal notice board and by displaying in various
DVC establishments.
b) Tender / enquiry having estimated cost above Rs.2 Lacs and up to Rs.25 Lacs shall
be hoisted in DVC Website with QR apart from circulation and display in various DVC
establishments including direct mailing of NIT to the proven vendors of past and this
will be considered as LTE for the purpose of delegation.
iv) However, for the items of special nature with technical intricacies or for any other reason
the Plant Chief/CE/HOD may decide on the number of parties/venders/agencies to
whom LTE will be issued and in such cases enquiry sent to more than one vendor will
qualify as LTE.
v) Limited tender can also be resorted to for estimated values exceeding Rs. 25 Lacs
when the requirement is of special nature with technical intricacies and can be performed
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by selected vendors only, or when time does not permit for open tendering. In both the
cases reasons for such action should be recorded in writing and prior approval from
TAA is to be obtained. In case of Tender Accepting Authority (TAA) is Board/ Chairman,
approval of concerned member shall be obtained. The cases of acceptance of single
response to the limited tenders will be treated as per DFP in this regard.
g) Single response against limited tender to be in general retendered with modified QR
(in case of limited tender hoisted at web site with QR) except urgencies certified by the
indenter not below the rank of HOD/HOP/CE and to be treated as single tender against
Limited Tender as per delegation of financial power provided the rates are reasonable
and to be assessed by TC. However, for response below three bidders, the approval
for acceptance of tender should be obtained from the next higher level authority
prescribed in the delegation if not otherwise specified.
3) Single Tendering:-
i. Single Tendering shall be done by inviting offers from single source/vendor, which may
be the OES/OEM/PSU, or on the basis of proprietary article certificate or on the basis
of source standardisation or on the ground of urgency/ emergency. In case of proprietary
items/OEM/OES/Standard Source Basis, certificate to that effect will have to be issued
by the indenter at the appropriate levels in each case. Source standardisation will
normally be for a limited period not exceeding three years and have to be approved
by Station Chief/Sr. C.E. / HOD. The proposal for single tender enquiry on the ground
of urgency /emergency should be approved by tender accepting authority as per DFP
in this regard. All projects shall send their source standardisation list to other projects
for their reference documents and a copy of the same shall also be forwarded to C&M
Department (HQ).
ii. In case of multi-source standardisation based on open advertisement/on-line process,
the same will be treated at par with open tender. If the multi-source standardisation is
done on the basis of vendor list/ALS, the same will be treated at par with limited tender.
iii. The materials which are to be procured on single tender propriety basis, the vendor
must submit a Proprietary Article Certificate (PAC) and Price Reasonability Certificate
(PRC) stating that the prices charged are reasonable and the same as being charged
to all the Govt. /semi Govt. Organizations/ PSUs including D.G.S. & D. wherever
applicable and shall be submitted along with the offer with documentary evidence.
Where agency commission is involved, the same in percentage invariably be indicated
and in such cases appropriate document/agreement required to be furnished.
4) Spot/ Committee Purchase:-
In order to meet the immediate requirement, items costing more than 5000/- upto Rs.
2,00,000/- may be procured by a committee, consisting of indenter/user, finance and
Purchase Deptt.. This can be done only with approval of Project Head/ HOD, and the
committee should record the price reasonability.

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5) Short Tender Notice:-


To exercise the delegated power under relevant DFP for placement of work order, TAA
is empowered to approve issuance of short tender notice with a minimum time limit for
7 days (inclusive of issue/downloading and submission/uploading both) instead of
normal time period specified in LT/OT on recording the reason for urgency. However,
in case of TAA is Board/ Chairman, approval of concerned Member shall be obtained.
6) AWARD OF CONTRACT ON NOMINATION BASIS:
a) The award of contract on single tender basis to the following cases as per DFP shall
not come within the meaning of award of contract on nomination basis:
1) Single Tender on OES / OEM
2) Single Tender on single source certificate (PAC)
3) Single Tender on grounds of emergency
b) Award of contract on single tender basis on any ground other than above as per DFP
shall come within the meaning of "award of contract on nomination basis"
c) The work / procurement which are of routine type, repetitive or frequent or foreseeable
in nature, shall generally be attended through Annual/Periodic Maintenance Contract
(AMC or PMC) or Annual/Periodic Rate Contract (ARC or PMC) to be kept in hand for
such type of work by the process of open tender / limited tender system as per delegation
in DFP.
d) Where there is no AMC / ARC or such periodic contract under which a particular work
can be taken up and is required to be taken up on single tender basis on ground of
urgency, the concerned executive (to whom power has been delegated) below the rank
of Plant Chief / Chief Engineer shall obtain prior administrative approval of the work
(to be taken up on urgency on single tender basis) from the Plant Chief / Chief Engineer.
In case of Plant Chief / Chief Engineer and above, the prior administrative approval of
the work shall be obtained from next higher authority. If approving authority is out of
station, he should be contacted over telephone / cell phone and verbal concurrence
thereof to be taken which should be followed by confirmation of approval in writing at
the earliest opportunity.
e) The proposal for obtaining administrative approval is to be moved with relevant
information in the prescribed format (as per Annexure - A & B, as applicable). Urgency
of the work shall be clearly spelt out in the proposal
f) The work order/ LOI / LOA are to be issued immediately preferably before commencement
of work. If for any cogent reason, it is not possible to issue the LOA before commencement
of work, the LOI must be issued. Confirmatory LOA must be placed within 15 days of
LOI issued. The work having value less than Rs. 15,000/-, may be taken up on urgency
on single tender basis as usual and is being kept out of the purview of the above policy.
Such small valued work shall not come within the meaning of award of contract on
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nomination basis. However, efforts shall be made to minimize such cases by well-
planned AMC / ARC.
g) Award of all contracts on nomination basis (falling within the meaning as per above
policy) shall be posted on the Web- site ex post-facto.
h) Single tender on ground of urgency wherever has appeared in the Delegation of
Financial Power shall be exercised in terms of above paras.
i) Prior concurrence of Finance in all cases to be obtained. However, in case of award
of work in extreme urgency without finance consultation, post facto concurrence to be
obtained within a week.
j) The summary of all works awarded on nomination basis as well as awarded on single
tender basis on the ground of emergency shall be placed before the Member (T)/
(secretary) quarterly.
All Plant Chiefs/Chief Engineers are required to send the summary of all works awarded
on nomination basis as well as on single tender basis on ground of emergency by 10th
of every quarter to the Additional Secretary, DVC positively for onward information to
Board. This is incompliance with CVO guideline.

ANNEXURE-A PROFORMA
(award of work on single tender basis without calling Tender in case of urgency)
1. Description of work -
2. Nature of work -
3. Justification of selection of Vendor -
4. Urgency justification -
5. If work is not executed, the impact Thereof -
6. Justification for execution of work through outside agency -
7. Frequency of this work (Monthly/Half yearly/yearly basis) -
8. Expected time of completion -
9. Financial involvement as per Requirement of manpower
(Skilled/Semi-skilled/Unskilled with associated tools, tackles & consumables etc.) -
10. Basis of rate reasonability/ cost Justification -
11. Observation of Finance -

Initiated by Recommended by Approved by

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ANNEXURE-B PROFORMA
(Procurement of materials on single tender basis without calling tender in case of urgency)
1. Name of materials with specification, Make, etc.
2. Nature of material (Consumable/Normal/Stand by spares)
3. Justification for technical suitability of particular make or specification.
4. Present stock position (including site/floor store)
5. Position of pending order under execution, if any
6. Requirement of materials & expected period of use
7. Urgency justification of materials
8. Frequency of requirement of Materials (on Monthly/Half Yearly/yearly)
9. Justification of selection of Vendor
10. Justification of price Reasonability
11. Details of last Purchase Order Quantity as well as price
12. Observation of Finance

Initiated by Recommended by Approved by

V SOURCE STANDARDIZATION PROCEDURE


i) For the efficient operation and maintenance of power plant, timely availability of quality
materials at reasonable price is very important. Failure of small items of MRO
(Maintenance, Repair and Operating) Supplies may prove very costly and result in
spoiling our very high value equipment, increasing cost of maintenance and sometime
even effecting power generation. For example, in the area of plant consumable, for
almost every item quite a number of cheap products have been developed and being
marketed by various suppliers. Many of them have failed to provide reliable and
consistently good services. We being in power sector cannot afford pre-mature failures.
It is therefore imperative for us to look for quality materials amongst available brands/
manufacturers. Standardization helps us to select reasonably and consistently good
quality materials from the various alternatives available in the market.
ii) As and when user departments feel the necessity of standardizing sources/ makes of
certain items due to difficulties in getting requisite quality materials, they shall initiate
proposal for standardization of source (s) of supply of those items. The proposal shall
indicate in details as to why source/ make standardization of proposed items is necessary.
Such proposal needs to be approved by Chief Engineer/ Head of Unit/Station Chief.

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iii) After approval of competent authority to consider source standardization of certain


proposed items, the first step in this direction would be constitution of committee
comprising member from User Department, C&M, Finance, Quality Assurance (If
available) who shall be at Minimum level of M-6. Nomination shall be made by Head
of respective department and approved by Chief Engineer/ Head of Unit /Station Chief.
Member from Contract & Materials Department shall be the coordinator. In case of M-
6 level officers is not posted/deployed, M-5 level officers may be nominated in the
committee.
iv) Standardization of different categories of items shall be done on the basis of past
experience/ data available with regard to performance of products of different reputed
manufacturers. If felt necessary committee may consult other power station and allied
organisations to obtain feedback in this regard. Data may also be collected from other
reputed power organizations like NTPC, NHPC, PGCIL, BHEL, GAIL, ONGC etc. The
data available from the past open tender (NIT) may also be utilized.
v) If necessary sources under consideration, who are renowned manufacturers, may be
asked to provide samples or extend the facilities of deputing their Application Engineer
alongwith samples for trial/ discussions with committee members.
vi) In the process of standardization of sources, if required, committee may recommend
for assessment of suppliers works for technical capabilities, process of quality assurance
and availability of testing facilities, managerial competence, financial strength, turn over
etc. In order to carry out this assessment committee may visit the supplier's works.
vii) As far as possible, committee shall look for multi- source standardization. However, for
some critical equipment/machinery/spare items and in some exceptional cases, single
source standardization may also be recommended. After assessment of potential
sources for standardization, committee shall prepare the final recommendations which
shall be approved by Chief Engineer/ Head of unit/Station Chief.
viii) Standardization of sources shall be valid for a maximum period of THREE YEARS and
be reviewed/renewed in such a manner that by the time its validity expires, new
standardization, based upon the experience ranging three years period, is duly approved
and in place, so as to ensure smooth procurement.
ix) Issue of tender enquiry to all the sources, in case of multi-source standardization, it
shall be treated at par with open tender for all the purpose.
x) A copy of approval of source standardization for various items must be sent to other
power stations of DVC for their reference or similar action.
xi) Similarly, when details of standardization of items are received from other power station,
those shall be brought to the notice of user department and may consider similar
standardization at the station. This shall provide support to the efforts for source
standardization for maximum items.

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xii) Some items at power station which can be considered for source standardization :
Welding Electrodes, Packing (both Metallic and Non-Metallic), Fastens, Hand Tools,
Cutting Tools and Abrasives, Surface Coating Materials (Paints etc), Bearings &
Accessories, V Belts, Lab, Chemicals, Stationery items, Office Furniture, Guest House
Furniture, Switches, Plug Tops and Misc. similar materials, lamps, florescent Tubes,
Fuses etc. This list is only illustrative and not exhaustive and many more items can be
considered for source standardization (Such as Source standardization for items like
Conveyor Belts, Personal Computers, Reinforcement steel and structural Steel etc may
also be done).
VI. SPLITTING OF ORDER BETWEEN TWO OR MORE AGENCIES
In case of Coal Importation/Transportation, Ash Evacuation/Disposal, Chemicals etc.
and the requisitioned item (s) is/are critical inputs for operation and maintenance of
plants, it may become essential to operate parallel contract (s) to safeguard against
chances of one vendor failing to execute. The same may apply when material /work/
service is urgently required and single vendor cannot execute entire quantity in time.
Under these circumstances need may be felt to split requisitioned quantity between
two or more vendors and operate parallel contracts subject to the approval of TAA with
recording the justification. In case of TAA is Board/ Chairman for placement of order,
approval of concerned member shall be obtained.
Following procedure shall be adopted:
a) No splitting after opening the bids shall be allowed. Such decision need to be taken
at the time of floating the tenders and a provision in line with following, must be made
in the Notice for Inviting Tender (NIT)
Tendered material(s) are one of the critical inputs for smooth operation and maintenance
of power plants and DVC may enter into parallel contracts with one or more vendors
b) While splitting the requisitioned quantity between two or more vendors, the original
evaluated L1 vendor shall always be in advantageous position i.e. quantity between
L1and L2 vendors may be divided in ratio of minimum 60:40 and so depending on
capacity of the firm in the industries, time frame of volume requirement etc. However,
if, the two or more bidder (s) quote the same rate and become L1 also, the whole
tendered scope of work/quantity will be equally divided among two or more such L1
bidder(s) and in that case there is no need to go to L -2 bidder. If such quoting of equal
rates happen at the level of L2, the tendered scope of work/quantity for L 2 bidder as
per provision of NIT/Tender Document will be equally divided among two or more such
L 2 bidder(s)/next level bidder (s) as per the procedure established below under
serial (c).
c) At first, the evaluated L2 vendor is to be approached or called for negotiation to match
their rates with L1 evaluated price, which may sometimes warrant the matching terms
and conditions also. After obtaining the favourable consent from evaluated L2 vendor,
order may be split in ratio as per NIT.
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d) In the event of L2 bidders not agreeing to match L1 rates, possibilities shall be explored
with L3, L4 and so on as the case may be in seriatim in an attempt to finalise the tender.
e) In case of no bidder agrees to match the L1 offer rate, placement of total order on L1
or retender for balance quantity to be decided by TAA on case to case basis.
f) The option of retendering as per discretion of TAA may also be resorted in case of
higher rate/cartel formation. Wherever the scope of work/procurement or bill of quantity
is not equally divisible, minimum indivisible quantity would be taken out for retendering
or merging the same with next lot of tendering. However the said clause shall be clearly
mentioned in NIT.
g) In case of placement of order on splitting up of "works/ procurements/ services", QR
to be firmed up based on the approved maximum quantity / quantity average in case
of RC which will be placed in favour of L1 bidder.
VII ADOPTION PROCEDURE OF VENDORS FOR PURCHASE OF MEDICINE:
In State Govt. Departments, DGS&D and Central Govt. Health Service Department,
vendors are registered with the approved rate of supplies following tendering route. In
such cases, DVC may issue order on such vendors at the approved rate, terms and
conditions as accepted by the said department subject to the following:
a) Consent of the vendor is to be obtained.
b) The documents related to the vendor including rate as accepted by such State Govt.
Deptts. / DGS&D / CGHS duly authenticated by the competent authority of the respective
department are to be obtained.
c) A Certificate is required to be furnished by the Indenter that there is no downward trend
in prices since the time of Purchase Order / Work Order placed by the aforementioned
department while sending proposal for placement of order on such approved vendor
at the accepted rate of the department.
d) The power for approval in respect of above rests with respective MS/M.O. I/C /DHS
as the case may be as per stipulation of DFP.
VIII ADOPTION PROCEDURE FOR PURCHASE OF MEDICINE FROM GMSD
(Govt. Medical Store Depot)
a) Approval from the competent authority for procurement.
b) Only those items which are listed in the Vocabulary of Medical store (VMS) as announced
from time to time will be procured. DVC would register itself as an indenter for placing
indents online.
c) Procurement will be made on a system of advance payment (cost of medicine + 30%
of the cost as transit charges) before delivery of stores.
d) On line placement of indent will be made twice in a year and the representative will be
nominated according to the level of tender committee as stipulated in W&P Manual.
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e) Delivery of medicine will be at CMS (Central Medical Stores), Maithon.


f) Respective Hospital will collect the same as per their indent/requirement.
g) Medicines for checking and testing - Medicines supplied by the GMSD are tested by
the Government Agencies. If there is any adverse report regarding deficiencies of any
medicine, DHS will reserve the right to carry out testing from any independent agency
of repute.
IX ON IMPORTS
a) Generally, Enquiry will be issued on single Tender basis to Proprietary/(OEM)/ Standard
Source basis provided that the indenter has enclosed a certificate in this regard as per
format along with the indent.
b) The enquiry should contain the full specification of the materials, other terms and
conditions in details to avoid confusion/litigation afterwards.
c) The offer basis shall be FOB/FCA/FAS/C&F/CIF port of shipment or as per other
INCOTERMS.
d) The prices shall be in any freely convertible currency such as dollar, Euro, Japanese
Yen, Swedish Kroner, Swiss Frank, Pound Sterling, Singapore Dollar etc.
e) The price should be quoted in rupee if the offer is submitted by the Indian Agent of the
foreign supplier/manufacturer.
f) The prices shall be firm and free from all corrections. The price list of OEM of foreign
origin may be downloaded from the net, if it is available. Otherwise Indian agent may
be requested to provide the same, duly signed and stamped.
g) The offer shall be valid for 180 days or as decided by TIA from the date of bid opening.
h) Offer shall be submitted in English Language only.
i) Delivery period shall be firm and clearly indicated in the quotation and there must not
be any ambiguity to facilitate opening of LC for a definite period, which is required under
the rule. In case of urgency early deliveries may be requested.
j) Packing shall be transport worthy to ensure safe delivery considering the nature of
goods.
k) Name of foreign advising banker, country of origin, port of shipment/ customs airport/Land
Customs Station (as the case may be) should be indicated in the quotation.
l) It is advised that the importations should preferably be made directly from the overseas
manufacturers. Either the Indian agent on behalf of foreign principal or the foreign
principal himself may take part in the bidding process but not both.
m) The Indian Agent will be accepted if and only if they are registered in DGS&D and /or
supplied/worked with Government Department/PSU/Reputed Companies. Indian Agency
Commission, if any, payable by DVC shall invariably be included in the FOB/FCA/FAS/
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other INCOTERMS based Price. Percentage of commission shall be clearly mentioned


along with the name and address of Indian Agent. A copy of agreement with the Indian
Agent along with the DGS&D enlistment certificate and/or certificate indicating that they
have supplied/worked with Government Department/PSU/Reputed Companies to be
furnished along with the quotation and, if, Indian Agent commission is not involved;
foreign supplier should furnish "No Indian Agent Commission" Certificate.
n) In case Indian agent of the OEM supplier, insist on placing PO on another subagent
for execution of the order, it has to be ensured that the said subagent is authorized by
OEM.
o) Party shall have to furnish 'proprietary certificate' in line with existing PAC & PRC format.
p) The Purchase Order should clearly mention about the requirement of documents
incorporating the updated requirements therein such as, BG/Pre-despatch Inspection
Certificate/ country of origin etc. to be furnished by the Exporter to the Foreign Bank
for releasing payment.
q) It should be clearly mentioned as to who will bear the cost of opening and maintenance
of LC in Indian Bank as well as in the concerned foreign bank to avoid confusion.
The full Indian Agency Commission, if any in INR, shall be released to the Indian Agent,
within 30 days of receipt and acceptance of materials at the consignees end.
r) The letter of credit shall not allow partial shipments or transhipment normally.
s) The computation of the total value of the sample offer may be made as per the following.
(i) FOB Value : In dollar or in any foreign currency
(+)
(ii) Packing Charges, if any : In dollar or in any foreign currency
(+)
(iii)Freight Charges : In dollar or in any foreign currency/or in Indian currency
(+)
(iv) Services charges, if any : In dollar or in any foreign currency to canalising agency
(+)
(v) Insurance Charges : In dollar or in any foreign currency/or in Indian currency
(vi) Total CIF price = (i) + (ii) + (iii) +(iv) +(v)
(In dollar or in any foreign currency/or in Indian currency)
~ Rupees (converting in Rupee in the rate of exchange as notified by GOI as per Section
14(3)(a)(1) of Customs Act. Exchange Rate as on the bid opening date (price part in
case of two part tendering) is to be considered and to be mentioned in the NIT.
(vii) Landing Charges at appropriate % : As applicable at the time of clearance.
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(viii) Assessable value : (vi) + (vii)


(ix) Concessional Custom Duty/Customs Duty(i.e. Basic Duty) at appropriate % on (viii)
(x) Counter Veiling Duty (CVD), if any, in appropriate % on{ (viii) + (ix)}
(xi) Special Additional duty, if any, in appropriate % on (viii +ix + x) :
(xii) Total of above : (viii + ix + x + xi)
(xiii) Clearing & Forwarding Charges @ as applicable on CIF prices indicating Inland
transportation charge up to consignee site. :
(xiv) LC opening charge in India:
(xv) Airport/Sea port charges as per their tariff:
(xvi) Destination price = (xii + xiii + xiv + xv):
Note:
a) If any of the item detailed at (ii), (iii), (iv), (v) or (vi) is to be paid in rupees that should
be computed accordingly.
b) Landing Charges rate is 1% of CIF value at present or as applicable at the time of
clearance.
c) If insurance cost is not known, it should be taken as 1.125% of FOB price for the
purpose of assessment of customs value.
d) CVD (Counter Veiling Duty) will be equal to the excise duty payable if such goods are
produced/ manufactured in India.
x) PERIODIC/ANNUAL MAINTENANCE CONTRACT (PMC or AMC) OR
PERIODIC/ANNUAL RATE CONTRACTS (PRC or ARC) FOR WORKS OF CIVIL /
ELECTRICAL / MECHANICAL/ C&I AS WELL AS IN RESPECT OF OFFICE
EQUIPMENT/ COMPUTER/ PRINTER/ PHOTOCOPIER ETC.:
a) Periodic/Annual maintenance work should be planned well in advance (Six month) for
different areas. If such works cannot be undertaken through departmental employees
then a proper assessment should be made, estimates made, possibility of giving work
front etc. checked and then with the administrative approval of tender inviting authority,
NIT may be issued through Newspapers/websites or limited tenders may be invited
depending on departmental estimates among companies/vendors/contractors having
requisite technical, financial, personnel resources etc.
b) Periodic/Annual Maintenance Contract for any works/service contracts to a particular
firm /company/vendor/contractor should be for fixed period (period up to three years
but not less than a year) at a time and subsequently fresh tendering action should
be taken 180 days before expiry of Contract i.e. Indents complete in all respect from
the requisitioning/user department shall reach the C&M section 180 days before expiry
of Contract. In the event, fresh contract cannot be concluded in time and contract is
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considered essential for the purpose of operation/maintenance then approval of extension


may be obtained as per DFP for/upto one more year.
c) Maintenance Contract for any works/service contracts to OEM/OES may be up to five
years at a time with PV, if any, subject to approval of concerned TAA. In case TAA is
Board/ Chairman, approval of concerned Member shall be obtained. However,
Administrative approval from one step superior authority is to be obtained for TAA below
Chief Engineer/ Plant Chief.
d) However in case of hiring of vehicle, period of contract with suitable PV clause may
be considered for initially 1 or 2 years and subsequently fresh tendering action should
be taken well in advance. In the event, fresh contract cannot be concluded in time and
contract is considered essential then approval of extension may be obtained from
original approving authority or otherwise specified in DFP for/upto one more year.
e) If the contractor has submitted BG for Security Deposit cum performance guarantee,
the same is required to get extended accordingly. Alternatively the contractor may
submit a new BG and the earlier BG may be released.
f) Site/Office Maintenance contracts may be entered into rate contract after finalising the
detailed Job specification/description.
XI RATE CONTRACT FOR PROCUREMENT
Identification of items to be covered under the Rate Contract.
a) Items whose requirements are continuous throughout the year and holding of high
inventory level for a long period may not be feasible to optimize inventory cost, shall
be covered under Rate Contract.
b) Items like Reinforcement Steel, Cement, Office stationeries, Chemicals, Lubricants,
Petrol & Diesel, G.I. Pipes, Medicines, Transportation, Welding Electrodes, Packing
(both Metallic and Non-Metallic), Fastens, Hand Tools, Cutting Tools and Abrasives,
Surface Coating Materials (Paints etc), Bearings &Accessories, V Belts, Lab. Chemicals,
Office Furniture, Guest House Furniture, Switches, Plug Tops, Lightening Arresters,
Conductors and Misc. similar materials, lamps, florescent Tubes, Fuses etc etc. may
be brought under Rate Contract. This list is only exemplary and not exhaustive and
many more items can be considered for rate contract like Conveyor Belts, Personal
Computers, and structural Steel and other Electrical/Mechanical/ Civil/C&I items/items
used in office/guest house etc.
c) Indents complete in all respect of item from the requisitioning/user department shall
reach the procurement section 180 days before expiry of Contract.
After deciding the items for which RC to be made, sources of procurement may be
standardized using methodology described earlier.

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XII PROCEDURE FOR RATE CONTRACT (Work/Services/Procurement):


a) The items which are borne on DGS&D Rate or Running Contract may be purchased
through the DGS&D Stores of standard type, other than those required in small quantities
only, which are in common and regular demand and the prices of which are not subject
to appreciable market fluctuations. The ED(C&M) shall arrange to obtain the latest
copies of all the Rate/Running Contract from the DGS&D from time to time.
b) The ED(C&M) or M-7 level official from C&M Department/Field Formation may be
declared as Direct Demanding Officers for various rate contracts finalised by the DGS&D
keeping in view the requirement, budget availability.
c) On receipt of the consolidated requirements from the various Indenting Officers, the
ED(C&M) shall examine if the materials in question are borne on DGS&D Rate Contract.
d) In case of items on DGS&D Rate Contract, ED(C&M) shall take necessary action for
placing the supply orders through ONLINE system of DGS&D (DGS&D E-portal) directly
to the Vendor. 100% payment shall be made directly by the Order placing authority to
the vendor through their concerned Pay & Accounts Offices within 10 days of issuance
of CRAC (Consignee report cum acceptance certificate) by the consignee & submission
of bill by the vendor. Departmental charge of DGS&D is Nil.
e) In case of single source rate contract, offer may be asked from the party and based
on the offer, the rate contract may be finalised after negotiations, if felt necessary, on
the prices and terms and conditions with the approval as per DFP and laid down
procedure of negotiation as discussed earlier.
f) Before finalisation of rate contract, other projects shall also be contacted / consulted
to share information regarding prices etc. and performance of the vendors.
g) Rate contract may be finalized generally for a fixed period (period up to three years
but not less than a year) and the same may be extended for another year with the
approval as per DFP with justification of such extension to be recorded in writing. While
making such rate contract for three years adequate measures like variable price etc.
may be adopted to take care of the fluctuation in market price. The rate contract should
clearly specify the monetary limit as well.
h) Copies of rate contracts shall be sent to other projects for their information and finalisation
of rate contracts, if any. One more copy of the rate contract shall also be sent to
Corporate Materials Management and published in DVC website.
i) Approval and other guidelines for finalisation of rate contracts will be as per procedure
of W&P Manual or Corporation Order. The Direct Demanding Officers (DDO) as
mentioned in RC shall issue supply order directly to the vendor as per terms & conditions
of RC after ensuring fund provision and keeping supply order quantity within his demand
placed before RC Issuing Authority.
j) The supplier thus qualified and L1 may or may not be able to meet the quantity
requirement of other bigger projects.
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k) To have reliable and assured supply, the TIA may decide the splitting of the total quantity
between two or three parties provided they match L1 price but the same may be clearly
spelt out in NIT. The further related provision of splitting are covered under serial
SPLITTING OF ORDER BETWRRN TWO OR MORE VENDORS of this Manual.
l) The contractor shall furnish the following certificate to the Paying Authority along with
each invoice/bill against payment for supplies made against the rate contract/any supply
order with longer completion period (more than a year), if the same is placed on firm
price basis.
'I/We certify that there has been no reduction in sale price of the stores of
description identical to the stores supplied to the Govt. under the contract herein
and such stores have not been offered/sold by me/us to any person/organization
including the purchaser or any Deptt. of the Central or State Govt. or any statutory
undertaking of the Central or State Govt. or as the case may be upto the date of
bill / the date of completion of supplies against all supply order placed during
the currency of the rate contract at a price lower than the price charged to the
DVC under the contract.'
The concerned dealing Officer/Paying Authority at the same time will check the market
price for the subject item from Newspapers/Journals/Website etc. as to whether there
has been any fall in price during the period of contract and an appropriate action to be
initiated accordingly to safeguard the interest of the Corporation. Necessary price fall
clause should be part of special/additional condition of contract.
m) In case, the TIA apprehends poor response from the prospective vendors for Rate
Contract on firm price basis because of volatile market condition, then the offer may
be asked on variable price basis but not with both i.e. not with firm price and variable
price basis simultaneously. "The price basis" as decided by TIA is to be clearly mentioned
in the NIT document itself.
n) In case variable price basis is preferred by TIA in order to get adequate response as
per prevailing market conditions, the NIT/Tender document should specify the applicable
PV formula, base date and with/without ceiling limit. In that case, bids are to be evaluated
without loading the ceiling limit, if any. However, any ceiling limit, if TIA specifically
spells out in the bid document, will be used for the purpose of payment only. The
payment of variable component as calculated on the basis of PV formula will be made
on actuals but limited to ceiling limit, if any. If the bids are received with "price basis"
not as per NIT, the same should be treated as "deviation" in commercials terms and
to be dealt accordingly. Offer may be rejected for non- compliance of above provided
necessary stipulations in this regard has been made in the NIT/Tender Document.
o) The following may also be noted while dealing with procurement of critical items/spares:
i) Certain critical items/spares as decided by plant chief /CE/ PCE may be procured from
OEM/OES only.

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ii) Certain other critical items/spares may be procured from reputed/standard vendors
after declaring them as 'standard source of procurement' as per source standardization
certificate issued by station chief/HOD/SR.CE.
iii) If a firm does not produce letter from authorized signatory of OEM stating that they are
the sole authorized dealer/distributor/agency, STE on behalf of OEM cannot be given
to them.
iv) All endeavours shall be made to obtain the sources with the rates for bought out items
from Turnkey/EPC Contractors before finalization of the order so that sourcing of spares
etc. may be facilitated during post order stage.
XIII Common to both Maintenance Contract (Work/Services) and Rate Contract (Work/
Services/Procurement) as stated above
a) QR is to be finalized as per the procedure stipulated in this manual.
b) It is desirable that during placement of contract, contractual period should be firmed
up like one year or two years etc. & subsequently fresh tendering action is to be taken
well in advance so that no further extension is required.
c) Quantum of QR, cost of tender document & earnest money deposit (EMD) may be
considered based on the average estimated cost of one year of AMC/ARC for more
than one year. However, Security Deposit cum performance guarantee has to be taken
on ordered value for total period.
d) TAA will be decided based on estimated cost and offered cost for total period in respect
of QR and tender acceptance respectively.

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SECTION-VI

REVERSE E-AUCTION

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An important perspective is that electronic- Reverse e-Auctions are not appropriate for
every tendering process. In fact, reverse auction may be inappropriate for many commodities
or services.
WHEN TO USE REVERSE e-AUCTION
A reverse auction can be considered in the following situations :
• as price negotiation strategy for normal tender process.
• as a means of obtaining quotes from suppliers on an established panel or
common use contract.
• as the second stage of a two-stage tender process, in which other ‘value‘
criteria have already been considered and price is the remaining considerations
Recommended practice.
When establishing new procurement arrangements that may use reverse auctions, the
terms and conditions of offer must clearly state that reverse auctions are to be used.
When there is panel arrangements in place , period or common use contract reverse
e-auctions are used to select the successful supplier based on price :
• reverse auctions must be restricted to the suppliers on contract.
• all suppliers on contract must be given equal opportunity to participate in the
reverse auctions.
• the contract pricing must be on the basis of not to exceed or ceiling price.
Suitable goods and service
The use of reverse e-auctions is to be restricted to the procurement of products or
commodities with little or no value-added or service component. Suitable products have
the following characteristics:
• very strict and unambiguous specifications that ensure homogeneity.
• a competitive market
• primary selection criteria is price.
• no or limited impact from whole-of-life costs or consideration.
• no services or added benefits specified in the requirement, for example there
must be no labour hire component such as a requirement for installation
services.
Products or commodities which may be suitable include :
• primary building products (e.g. iron ore, road, building materials, copper tubing)
• standard information technology equipment (e.g. specified desktop computers,
shrink-wrapped software, modems, toner cartridge)
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• photocopy paper
• energy, electricity, coal or gas
• chemicals and possibly pharmaceutical products.
• clothing and uniforms in set sizes, colours and volumes
Nature of procurement
Some other factors that could affect the suitability of using reverse e-auctions include :
i. the total value of the procurement
ii. the nature of the supplying industry.
There are costs associated, both in agencies and suppliers, in conducting and participating
in reverse auctions. For example, a procurement with the value of Rs. 2000/- may not justify
the time and preparatory work required by a supplier to participate in a reverse auction.
Similarly for agencies, the potential saving which a procurement of this value MIGHTRALISE
may not justify its use. Generally, the higher the value of the procurement, the greater the
potential for realising savings.

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DAMODAR VALLEY CORPOATION


Contracts & Materials department

X.0 (REVERSE e-AUCTION) PROCESS CONDUCTED BY SERVICE PROVIDER


Appendix - I
Definition of Key Terms – Reverse e-Auction
Reverse e-Auction: Reverse e-Auction is used to procure items/services, where the
requirement for one/more Markets of an item is stated and the participants are required to
bid down the price to be selected to supply the requirement.
On-line Reverse e-Auctions: On-line Reverse e-Auctions refer to those Reverse
e-Auctions conducted through the Internet with simultaneous bidding by the bidders (from
one or more locations). In other words, the venue for the auction is on an Internet website/
platform. The Service Provider website (http://auction.nextenders.com) or any other URL
assigned by Service Provider would constitute the venue for the purpose of the on-line
auction.
Award at the Reverse e-Auction: The bidder quoting the lowest price is normally allotted
the item unless otherwise specified by the Client. Price obtained at any stage in the event
is valid and legally binding on the bidder.
Client: Client is DVC who has contracted Service Provider to conduct such Reverse
e-Auction. In case of Reverse e-Auction, the purpose would be to meet their requirement
for item/s from among the sellers desiring to sell the items to the Client.
Bidder / Tenderer: Bidder is the individual/business entity participating in the Reverse
e-Auction, intending to supply the item/s to the Client. To be become a Bidder in the auction,
a business entity has to secure client approval for participation and also provide written
assent to the General Rules and Regulations
Auction Engine: Auction Engine refers to the software that encapsulates the entire auction
process, processing logic and information flows. Service Provider is the sole owner of the
auction engine and retains exclusive right over the utilization of the same.
Preview Time: Preview Time refers to the period of time that is provided prior to the
commencement of bidding. This is to facilitate approved participants to view the auction
details such as item specifications, bidding details and bidding rules. The purpose is also
to familiarize participants with the functionalities and screens of the auction mechanism.
It is not mandatory for nextenders to provide Preview Time.
Start Time: Start time refers to the time of commencement of the conduct of the On-line
auction. It signals the commencement of the Price Discovery process through competitive
bidding.

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Duration of the Reverse e-Auction: It refers to the length of time the price discovery
process is allowed to continue by accepting bids from competing bidders. The duration of
the auction would normally be for a pre-specified period of time. However, the bidding rules
may state the conditions when the pre-specified duration may be extended/ curtailed. The
conditions include:
* Automatic extension in the event of bids being entered towards the end of the scheduled
duration to facilitate the other bidders to view and react to the bid.
Auto Extension of the Auction Timings: In the event of bids in the last few minutes of
the scheduled bid time, the Bid Timings are automatically extended for a specified period
from each such bid. Such Auto Extension shall continue until no bids are placed for the
specified period (Engine remains inactive for the specified period). The Inactivity Time for
Auto Extension purpose is normally 5 minutes. DVC / Service Provider however retains the
right to change the same. The Inactivity Time applicable for the particular On-line Bid shall
be communicated to the bidder if it will be set to a value less than 5 minutes.
End of the Reverse e-Auction: End of the Auction refers to the termination of the bidding
event signalling an end to the price discovery process.
Auction Report: Service Provider would provide an Auction Report to the Client containing
a summary of the auction proceedings (to replace by bidding event) and outcome. The
Auction Report would constitute the official communication from Service Provider to the
client about the outcome of the Reverse e-Auction.
ID and Pass Word: Pass Word and ID shall be given to all the eligible by the Service
Provider for enabling the bidder to participate in the Reverse e-Auction.
Start –Bid Price: “This is the price at which the bidding will start after sealed bids are
obtained from the eligible vendors. This is the maximum price which the system will accept.
Prices above the start bid price will be rejected by the system. The bidders will have to bid
equal to or below the start bid price." - to be decided by TC.
Minimum Decrement: Minimum decrement is the minimum amount a supplier has to
reduce in order to beat a higher bid. For example, if a bidder bids Rs. 10,00,000/ - for a
Market, others, in order to beat this bid, have to quote a lower price with a minimum
decrement say of Rs. 20,000/- i.e. in order to be eligible they have to quote Rs. 9,80,000/-
(or lower) for the same Market. This minimum decrement shall be pre-decided by DVC and
will be in-built in the auction engine - to be decided by TC.
1. Threshold value
Adoption of Reverse e-Auction will come into the effect for all Procurement/Contracts
of Rs. 25 lakh and above under OTE and LTE. In case of tenders below Rs. 25 lakh,
Reverse e-Auction may be resorted to, if felt prudent by indenter with approval of Chief
Engineer and above.

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In case of tenders above Rs. 25 lakh, Reverse e-Auction is found to be not suitable,
approval of TAA is required for exemption from Reverse e-Auction. If, TAA is
Board/Chairman, approval of concerned member shall be obtained. However, tender
will be accepted by Chairman/Board as per stipulation of DFP in this case.
2. Applicability of Reverse e-Auction for multiple items
In case of multiple items through a single NIT and to be evaluated for L1 bidder item-
wise, there is no problem in the existing reverse e-auction platform of DVC being
provided by our Service Provider. The base price of each item to be decided in this
case. However, maximum time gap between two consecutive bids in the reverse bidding
shall be enhanced to 15 minutes instead of 8 minutes as mentioned in the W&P Manual.
3. Base Price :
In any way, it is not part of tender document and guideline for its value has been
circulated separately and to be treated as confidential.
DVC / Service Provider retains the right to extend or cancel or reschedule the reverse
auction on any of the following reasons:

Sl Circumstance Action
01 Auto Extension Of Bidding There would be an auto extension of bid time in case bids are
Time placed. Auto extension of bid time may vary from 5-30 minutes
which will be intimated in the auction notice to be sent to techno-
commercial eligible bidders for participation in RA.
02 Cancellation of event / bid 1. The number of confirmed bidders is deemed insufficient to
conduct the reverse auction.
2. On Advice of the Buyer.
3. NT on its own accord - in case of situations where it is felt
that continuance of the auction proceedings is prejudicial to
the smooth conduct and/or the integrity of the auction process.
4. Cancellation/premature termination of the reverse auction
with/without a subsequent rerun of the auction on a mutually
decided date between Client and MJ.
5. Cancellation of a wrong bid.
6. Locking a bidder’s account (suspension of operations in the
account).
1. Manual extension carried out if less than 10 bids received.
03 Poor Participation
2. Reserve / expected price not met.
3. It is determined that one or more bidders have submitted
bids which are clearly below Cost.
4. On the advice of the Buyer.

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Sl Circumstance Action
04 Unable to access the 1. Manual extension carried out till connectivity restored or NT
module due to infrastructural will bid on behalf of bidder after obtaining suitable authentication.
problems -Internet Problems 2. The number of extensions and the time involved in each
being reported by bidders extension is on the judgment of the auction controller concerned.
05 NT server not able to To the extent possible, all auctions will be extended until the
connect to the Internet problem is resolved/ internet connectivity of NT machine improves.
cloud
Ability to extend depends upon time available, as also ability of
NT staff to connect to the NT Machine.
06 Power failure/ Planned NT will bid on behalf of bidder after obtaining suitable
power shutdown in his area authentication. (The party will inform his minimum price and will
reported by an interested also inform his user id and password).
supplier
Manual extension may be involved if the call is received just
before closure, and NT staff does not have sufficient time
required to make a bid.

At the request of the Client, DVC / SERVICE PROVIDR may permit bidding through a combination
of online and offline means (offline means including phone/fax/email). However in such event,
nextenders would not be responsible for any errors in transmission or entry of the information
received in the offline medium. It must be expressly understood that such facilities if and when
extended are only for the convenience of bidders and, while reasonable care and caution shall
be taken by nextenders the ultimate responsibility for the same shall rest with the bidder/s.

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Appendix - II
General Rules and Regulations governing conduct of On-line Reverse e-Auctions on the
Service Provider platform and Terms and Conditions of the Buyer (DVC)
INTRODUCTION
The General Rules and Regulations provided herein govern the conduct of On-line Reverse
e-Auctions operated by Service Provider. These rules cover the roles and responsibilities
of the parties in the On-line Reverse e-Auctions on the Service Provider platform. Acceptance
in-toto of these General Rules and Regulations is a pre-requisite for securing
participation in the On-line Reverse e-Auctions on the Service Provider platform.
Role of Service Provider:
Service Provider is the agency (operator) primarily providing the forum and platform for
conducting the reverse e-auction. As the agency is providing the auction engine, the role
of Service Provider would include:
Providing the Input of the details of the auction items and defining of the bidding rules as
desired by the client.
Providing access to the approved bidders to participate in the auction
Enhancing bidder awareness and comfort with the auction mechanism and bidding rules.
Summarizing of the auction proceedings and communication of the outcome to the client.
The responsibility for fulfilment of the contract rests between the bidders and the client and
Service Provider shall have no liability on this account.
Role of the Bidder:
The role of the bidder is outlined below:
The bidder would participate in the Reverse Auction with the aim of bidding to secure the
auctioned item in the auction (being selected for supplying the client’s requirement in a
Reverse e-Auction).
The bidder would be provided access to the Auction through a User Id protected by a
password. The bidder needs to ensure that in no case the User Id and password is to be
revealed to unauthorized persons.
Access to the auction mechanism shall be provided to the entire approved bidder subsequent
to obtaining their written consent to the General Rules & Regulations.
In the event of winning an allotment in the auction mechanism, the bidder shall commit to
fulfil outlined obligations under the contract.
Bidding Rules:
The Bidding Rules refer to the information and terms defined specifically for a particular

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Reverse e-Auction. The purpose of the Bidding rules is to provide approved bidder with
the information and terms specific to the auction in which they are bidding. This would
include:
Start Time and duration of the Reverse e-Auction.
Any extension of the duration of the auction in the event of bids being received towards
the end of the pre-specified duration.
Reserve Price (if any specified)
Minimum & Maximum Bidding Quantity (if any specified)
Price Decrements and any reduction in the price decrements in the auction in the event
of inactivity Other attributes (informational/non-negotiable in nature)
Participation in the auction process presumes complete awareness and understanding of
the bidding rules.
Conduct of the Reverse e-Auction:
The Reverse e-Auction shall be conducted on pre-specified date.
DVC / Service Provider retains the right to cancel or reschedule the Reverse e-Auction
on any of the followings reasons:
Some of the confirmed bidders are unable to access the module due to infrastructural
problems such as sustained power failure or telecommunication breakdown.
Bids are received but above the Start Bid Price
The duration of the Reverse e-auction may also vary from the pre-specified period of time
on account of termination of the auction by DVC / Service Provider :
• On the advice of the client, or,
• On its own accord in case of situations where it is felt that continuance of the auction
proceedings is prejudicial to the smooth conduct and / or integrity of the auction process.
Problems during the conduct of the Reverse e-Auction
In the event of any problems being faced in the smooth conduct of the auction, Service
Provider shall have the right to undertake one or more of the following steps:
Cancellation of a bid:
In case of failure of net connection, bidder will give his best price to Service Provider who
will bid on behalf of the bidder with the minimum decrement until the bid price reaches the
best price offered by the bidder by proxy bidding mechanism. The best price communicated
by the bidder will have to be by written confirmation or fax to Service Provider and will be
kept confidential between Service Provider and the bidder. Bidder will be bound by the
price offered.

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Liability of Service Provider :


Service Provider shall not be liable to the client/bidders in the auction or any other person(s)
for :
- any breach of contract by the party in the fulfilment of the underlying contract.
- Any delays in initiating the online auction or postponement / cancellation of the online
auction proceedings due to any problem with the hardware / software / infra structural
facilities or any other short comings.
Confidentiality Clause:
Service Provider undertakes to handle any sensitive information provided by the client
or confirmed bidders for the reverse auctions conducted on the Service Provider platform
with utmost trust and confidentiality.
Jurisdiction:
Any disputes relating to the online reverse e-auction module shall be subject to the sole
jurisdiction of Kolkata Courts only to the exclusion of any other court.
Right of the client
DVC reserves the right to fully / partly accept the bids or completely reject the same.

Appendix - III : Reverse e-Auction System and Processes of Service Provider


1.0 Participation in On-line Reverse e-Auction for price bidding:
1.1 Techno–Commercially accepted Tenderers will be required to participate in On-line
Reverse e-Auction over Internet for bidding. However, after evaluation of Techno-
Commercial Bids, the techno-commercially suitable and acceptable Tenderers
will be informed for submitting the Price Bids through On-line Reverse e-Auction
or through Sealed Envelope. The mode of Price bidding will be decided by Buyer.
1.2 Definition of Key Terms of Reverse e-Auctions is given in Appendix-I and General
Terms and Conditions are given previous pages.
1.3 The key features for participation in a Reverse e-Auction are given below:
1.3.1 The Reverse e-Auction will be conducted on Service Provider’s platform. The
Service Provider shall intimate schedule of the Reverse e-Auction to all the
techno-commercially suitable & acceptable tenderers.
1.3.2 There would be an auto extension of bid time in case bids are placed. Auto
extension of bid time may vary from 5-30 minutes which will be intimated in the
auction notice to be sent to techno-commercial eligible parties for participation
in RA. All bidders should nominate a person who would be the authorized
‘BIDDER’ (i.e., the person who is authorized to bid in Reverse e-Auction on the

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firm’s behalf). The “USER-ID” and “PASSWORD” will be given to this person
only. The Service Provider will intimate a secure and confidential Login ID and
Password specific to each tenderer, for participating in the Reverse e-Auction.
The user ID and Password shall be intimated to the bidder by 10:00 Hr. one day
before the reverse e-auction whereby the tenderer can preview the auction.
1.3.3 The Start Bid Price : The price at which the Reverse auction starts
1.3.4 The bidding will take place in Indian Rupees.
1.3.5 During the Reverse e-Auction, bidders have to quote for all items and for the
entire quantity of all the item (/s) in a Lot; else their bid will not be accepted for
that Lot. Bidders shall not be allowed to quote for part quantity of a lot. However,
DVC reserves the right to distribute the quantity of a lot among multiple suppliers
(if order splitting applicable).
1.3.6 During the Reverse e-Auction, suppliers shall be allowed to revise their price
and bring it downward only. Bidders are not allowed to quote above the Start
Bid Price under any circumstances.
1.4 All Bidders have to confirm through a letter/ fax (033-6607 2936) to the service
provider, their last quoted prices for each lot within four hours of concluding the
Reverse e-Auction as per the format provided during the training. They also need to
mention in the same letter, if they have matched L1 prices On-line for any of the Lots,
if offered to match.
1.5 All Bidders are advised to participate in the RA from their own office / own arrangement.
In such an event the bidder has to make arrangement for ensuring connectivity
throughout RA. For this option bidder shall be solely and exclusively responsible for
ensuring continuance of connectivity. DVC shall, in no way, be responsible for the
consequences arising out of disruption of connectivity. In case the bidder desires,
efforts will be made to provide assistance during the reverse e-auction phase by
deploying skilled persons from service provider/authorized representative at the
participating vendor locations. However, Service Provider shall in no way be responsible
ensuring connectivity.
1.6 It is categorically stated on behalf of DVC and Service Provider that the Bidders need
not pay any fee towards training for actual bidding etc., in the Reverse e-Auction and
the Bidders need not subscribe to any of the services in lieu of participation in the
Reverse e-Auction.
1.7 Written Acceptance in-toto to all the Terms & Conditions mentioned in this document
is a pre-requisite for securing participation in the On-line Reverse e-Auction conducted
by Service Provider on behalf of Damodar Valley Corporation for the products required
as per this RFQ. Hence, the bidder is requested to sign on all pages of this RFQ and
submit along with the Techno-Commercial bid.

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2.0 Price evaluation and the emergence of L1 vendors in the Reverse e-Auction:
2.1 Price evaluation shall be done on Landed cost considering site price basis. The
evaluation of L1 shall be for complete lot on Landed Cost basis for delivery at
consignees end, including supply, installation, testing, commissioning and completion
of total job.
2.2 L1 will be computed as follows:
Landed cost shall be arrived at by considering the Basic Price, Packing &
Forwarding charges, State Surcharge (if any), Excise Duty (ED), Education Cess,
full rate of Sales Tax (CST) / VAT, Transportation Charges, Insurance, Installation
& Commissioning charges, Service tax, and any other charges and taxes &
duties (if applicable) etc. i.e. FOR Site(consignee) Price basis.
The lowest total price offered for the complete Lot (Package I) would become the L1
tenderer. The rank of other tenderers i.e. L2, L3, L4 etc. will be decided based on
prices quoted by the tenderers during Reverse e-Auction.
2.3 Item wise prices will be required to be furnished by the L1 tenderer after completion
of RA.
The L-1 Bidder shall submit their detailed Price Break-up with all taxes and
duties, within one day of the closure of the auction as per format provided in
the auction notice/RFQ to Service Provider with a copy to Chief Materials
Manager, DVC Tower, 3rd floor, Kolkata-54
2.4 For local taxes / levies the paying authority i.e. Plant / Supplier will be indicated in
the back up purchase order. However the bids should include all levies / taxes / duties
in the calculation of Landed Cost.
2.5 Bidder (s) who have bid at least once (where the bidder is allowed to participate),
after being logged in shall be treated as participant (s) in the bidding event.
3.0 Refusal of L-1 Bidder to give break-up of price :
In the event of a L-1 bidder refusing to give breakup of price and in case order cannot
be placed without price breakup the bidder shall be suspended for a period of six
months from the date of issue of suspension order. The suspension will apply
prospectively and during suspension period, enquiry shall not be issued to the firm
and bid submitted in open tender shall be rejected.
4.0 Backing out of L-1 Bidder :
In the event of a L-1 bidder backing out prior to placement of order, the bidder shall
be suspended for a period of six months from the date of issue of suspension order.
The suspension will apply prospectively and during suspension period, enquiry shall
not be issued to the firm and bid submitted in open tender shall be rejected. EMD will
be forfeited.

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SECTION-VII

QUALIFYING REQUIREMENTS

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SECTION-VII: QUALIFYING REQUIREMENTS


I QUALIFYING REQUIREMENTS
1) The Qualifying Requirements (QR) framed shall not be restrictive in nature and shall
be widened to the extent possible and should be consistent and in consonance with
quality requirements of goods/ works and services to ensure maximum participation
of the prospective bidders.
2) The purpose of QR is to identify the qualified bidders who are capable of delivering/doing
goods/works/services as per the Specifications/Requirements. QR shall generally be
drawn in such a manner so as to enable adequate participation of bidders to the extent
possible. The QR shall normally include Technical Requirements (both specific to the
package and general) and the Financial Requirements. Qualifying Requirement for
technical and financial parameters should be clearly spelt out.
3) The qualifying requirement is to be prepared on case to case basis by QR committee
at appropriate level, depending on various factors like cost of the package, Technical
importance, Time frame for implementation, Quality plan requirements etc. The primary
purpose of QR is to assess the Financial & Technical capability of the bidders who can
deliver/complete the goods/works/services as per the requirements. QR is required for
those contracts, which are to be finalised through OTE. QR is not required for LTE
amongst ALS / vendor with proven credential and for Single Tender Enquiry. However
in case of poor vendor base (less than 4) QR may be considered for LT through wide
publication in e-tendering portal .The vendor/contractor with proven credential in respect
of both procurement/service and works contract is defined as below:
a) For Procurement:-
i) Vendors whose offers were techno-commercially approved/NIT complaint for supply
of the specified item(s) / spares against open tendering in DVC during last three years
or satisfactory execution of any order.
OR
ii) Suppliers to power utilities in PSUs, other power plant and transmission system
equipment manufacturers in PSUs for similar items(s)/spares.
b) For Works Contract:-
h) Vendors whose offers were techno-commercially approved/NIT compliant for the
specified work(s) against open tendering in DVC during last three years or satisfactory
execution of any order.
OR
ii) Contractors who have successfully completed works in power utilities in PSUs, other
power plant and transmission system for similar work(s).
c) For ARC:-
In order to widen the base of the supplier /contractor for determining qualifying
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requirement, the average quarterly projected quantity requirement of all the projects
(instead of the total quantity of all the projects) may be considered by TIA.
4) QR for procurement / works packages / service / ARC on recommendation of QR
committee is to be approved by competent authority.
5) To maintain equity, consistency and better transparency in the tendering process for
the services / works / procurement / AMC / ARC which are common for individual
projects, a QR committee at HQ level to be formed.
II FINANCIAL CAPABILITY
1.a) Average annual financial turnover during last 03 financial years should be at least
30% of the estimated cost as financial QR for tenders for work/procurement/service
having estimated value upto 05 (five) crore except EPC/corporate package.
b) For work/procurement/service proposal/tender having estimated value less than or
equal to Rs. One (1) crore will have AAT and for the said proposal/tender having
estimated value more than Rs. One (1) crore and less than Rs. Five (5) crore will
have AAT and Net Working Capital position or Access to credit facilities.
c) However, the following points may be considered for assessing the financial capacity
of a bidder based on their audited accounts in QR for tenders for
work/procurement/service having estimated value above Rs. Five (5) cores/EPC/
Corporate package.
2) Net Working Capital position or Access to credit facilities:
Net Working capital should be considered for the last financial year. Net working capital
or access to credit facilities (unutilised portion) on the date of NIT to be considered is
to be arrived by the formula;
= 3 x Cost Estimate
Completion period in months (completion period less than 01 month to be considered
as 01 month)
Net working capital means the difference of sum of current assets and sum of current
liabilities. Current assets means a sum of cash and cash equivalent, current investment,
inventories, trade receivable, short term loan and advances and other current assets.
Current liabilities means a sum of short term borrowings, trade payables, short term
provision and other current liabilities.
3) Average annual turnover (AAT)
a) Average annual turnover is to be determined taking into consideration turnover of best
3 financial years out of last 5 financial years. Other income shall not be considered for
arriving at annual turnover.

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b) Average annual turnover (AAT) for the best 3 years out of last 5 financial years for other
than EPC & Corporate packages
= 12 x Cost Estimate
Completion period in month (completion period less than 01 month to be considered
as 01 month)
c) Average annual turnover (AAT) for the best 3 years out of last 5 financial years for EPC
& Corporate packages
AAT= f x cost estimate x12
Completion period in month (completion period less than 01 month to be considered
as 01 month)
f =1.5 for Civil Package and
1.0 for Mechanical/Electrical/Control & Instrumentation Package
4) Net worth.
Net worth of the bidder as on the last day of the preceding financial year shall not be
less than 100 % of the paid up share capital.
Net worth means the sum total of the paid up share capital and free reserves. Free
reserve means all reserves credited out of the profits and share premium account but
does not include reserves credited out of the revaluation of the assets, write back of
depreciation provision and amalgamation. Further any debit balance of Profit and Loss
account and miscellaneous expenses to the extent not adjusted or written off, if any,
shall be reduced from reserves and surplus.
5) Companies/Organisation under Board for Industrial Finance and Reconstruction
(BIFR)/Companies/Organisation under Debt Recovery Tribunal (DRT)/
Companies/Organisation, who have applied for Corporate Debt Restructuring (CDR)
in last two financial years shall not be considered for bid qualification. A certificate of
practicing Chartered Accountant must be produced by the bidder(s) that the bidder(s)
does/do not fall under the above criteria.
Note: In case where audited results for the preceding financial year are not available,
certification of financial statements from a practicing Chartered Accountant shall also
be considered acceptable.
III TECHNICAL CAPABILITY
1) For works/services up to Departmental estimate (DE) of Rs.25 Lacs:
To be decided by TAA.
2) For works/services with DE above Rs.25 Lacs:
Experience of having completed similar works during last 7 years ending last day of
month previous to the one in which offers are invited should be either of the following:
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(a) Three similar completed works each costing not less than the amount equal to 40%
of the estimated cost.
or
(b) Two similar completed works each costing not less than the amount equal to 50% of
the estimated cost.
or
(c) One similar completed work costing not less than the amount equal to 80% of the
estimated cost.
Completed works/services means the executed/completed/delivered portion of Work
Order/AMC/RC/Purchase Order, Payment receipt documents with ref. to WO No. and
date or execution certificate with executed value and referred order no. be also considered
as a proof of execution/delivery even if the works/services have not been completed
in totality (subject to furnishing proof of executed/supplied value of works/services in
the form of certified copies of RA Bills) or any relevant documents, which is sufficient
to proof the works/services completed/delivered or to be completed.
"Similar work/services" should be clearly defined in the bid document having due
regard to the work so as to generate adequate competition. Similar nature of
work/services, sought for to qualify for a certain work, incorporated in the NIT shall
be clear, unambiguous and specific and there shall not be any room for divergent
interpretation at any stage.
Any explanation /elaboration added to qualify similar nature of work shall not be supplant
but supplement the same.
3) For EPC/Corporate Package/Procurement:
As set by QR committee based on orders executed in past and experience along with
past performance on similar contract for a minimum period of 2 (Two) years thereof.
One year performance may be considered for new technology.
Note:
1) QR as mentioned above is an illustrative one and may not be suitable for all Periodic
Maintenance Contract/AMC/Works/Services/procurement. QR approving authority is
authorised/empowered to approve the QR to meet the requirements for case-to-case
basis so that adequate bidding response is achieved.
2) QR should be carefully formulated so that capable contractors/agencies are not restricted
from participation in the tender.
IV PROCESS OF QR
a) INITIATION: Dealing officer (Not below the Rank of M3), C&M department, based on
the schedule for preparation of Tender document and NIT for a particular package shall
initiate the 'QR proposal'.

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b) INPUT TO DEALING OFFICER (TO BE RECEIVED FROM INDENTING SCTION


ALONG WITH THE INDENT):
i) Schedule for preparation of Tender document and NIT for a particular package
ii) Scope of work of the package
iii) Package list
iv) Source of financing
v) Finance vetted and approved cost estimate as per DFP
vi) Work schedule for the package
vii) Payment terms including advance payments provided for in the latest award for the
same/ similar package.
viii) Earlier approved QR of similar package.
ix) Experience List of Reputed Suppliers in the field of subject package
x) Proposed QR shall be drafted by indenting section considering the earlier approved
QR for similar package as the base QR, Scope of subject package and technological
changes envisaged, if any, in the subject technical specification.
xi) Indenting Section shall check adequacy of response in last 3-4 tenders for similar
package with the base QR. If participation is adequate indenting section shall formulate
the QR on the basis of the selected base QR. However, the qualification parameters
will be revised based on package specific requirements.
Indenting section shall tabulate and enclose with draft QR & the actual participation in
tenders in last one year for similar package.
i) If the indenting section finds that general representation, if any, by bidding community,
needs attention the same shall be considered while finalizing the QR/ QR parameters.
ii) Considering the response in last 3-4 tenders, if the indenting section finds that there
is a need for reviewing the QR, following shall be examined:
1) The qualifying criteria/ parameters.
2) The numbers of qualification jobs and the qualification period.
3) Introduction of additional/ alternate routes if possible.
iii) A comparison of base QR and proposed QR along with changed proposed, reasons
for the same along with the agencies getting qualified shall be annexed to the proposal
being put up for approval of the competent authority.
iv) In case of drafting a QR for a new package for which no base QR can be identified,
the dealing officer may obtain data of qualification from similar tenders of other
organisations and based on the collected data draft a QR considering the following:

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1) The relationship (ratio) between the qualification criteria/parameter and the stipulated
parameter in the technical specification for the package, the numbers of qualification
jobs and the time period of satisfactory operation of the qualification job(s) shall be
selected by the dealing officer considering the nature of work in the package, the
experience of parties, technology involved etc. Dealing officer while framing the
above shall keep in mind that:
a) Technical parameters fixed as per package specific requirements.
b) Adequate competition amongst the prospective bidders based on their own
experience & capability or in association with other agencies.
c) Agencies with relevant experience & capability only getting qualified.
2) Adequate number of agencies have the required minimum experience on their own
to meet the basic requirement of qualification for the package.
3) Indenting section may propose additional/ alternate routes if feasible.
v) Financial criteria shall be framed by the dealing officer of C&M department in line with
the guidelines provided elsewhere. The inputs that should be available before framing
the financial parameters are
1) Finance vetted and approved cost estimate as per DFP
2) Work schedule for the package
3) Payment terms including advance payments provided for in the latest award for the
same /similar package.
II FORMATION OF QR COMMITTEE
In order to bring uniformity among the Stations, Projects, Head Quarters, a standing
three member QR Committee has to be formed at each place depending on the
estimated cost (without taxes, duties and freight for procurement and with taxes for
work wherever separation is not in practice or pragmatic) in order to follow a uniform
approach for framing of QR and towards establishing the capability of the
Vendor/Contractor, apart from financial criteria for which tender are invited for.
The members of QR Committee at appropriate level shall consist of one representative
each from User/Engineering/Indenting, C&M Department/Contract cell and Finance
Department.

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Sl. No. Item Particulars


1.0 Nomination of A standing Committee to be constituted at Project / Head
Standing Quarters for finalization of QR's as detailed below:
QR Committee. A) Projects/Stations: - At the level of Dy. Chief Engineer
or Equivalent (M-6) to be nominated and approved by
the Head of the Project (HOP) for Purchase/Contracts/
Services estimated value upto Rs. 3 crore.
In the non-availability of M-6 level official, M-5 level
official can be nominated with specific approval of HOP.
Qualifying requirements shall be approved by Committee
headed by HOP (the Chairman of the QR Committee)
as per Table -1.
In case of estimated value above Rs.3 crore, proposal
to be sent to concern ED at HQ.
Head Quarters:-
B) For estimated value upto Rs. 3 crore for HQ tender:
At the level of Dy. Chief Engineer or Equivalent (M-6) to
be nominated and approved by the Chief Materials
Manager for Purchase/Contracts/ Services estimated
value upto Rs. 3 crore.
In the non-availability of M-6 level official, M-5 level
official can be nominated with specific approval of above
mentioned authority.
Qualifying requirements shall be approved by Committee
headed by concerned Chief Engineer or Equivalent
(M-7/M-8) (the Chairman of the QR Committee) as per
Table -1.
C) For O&M & other cases (except EPC & Corporate
Package) having estimated value above Rs. 3 crore :-
At the level of Chief Engineer or Equivalent (M-7/M-8)
to be nominated and approved by the Executive Director
(C&M) for Purchase/Contracts/Services estimated value
above Rs.3 crore.
In the non-availability of M-7/M-8 level official, M-6 level
official can be nominated with specific approval of above
mentioned authority.
Qualifying requirements shall be approved by Committee
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Sl. No. Item Particulars


headed by concerned Executive Director (Chairman of
the QR Committee) as per Table -1.
D) For EPC /Corporate Package:
At the level of Executive Director to be nominated and
approved by the concerned Member for EPC/Corporate
Package Contracts.
In the absence of Executive Director, minimum M-7 level
can be nominated with specific approval of concerned
Member.
Qualifying requirements shall be approved by Committee
headed by concerned Member (Chairman of the QR
Committee) as per Table -1.
l EPC Package relates to New/Expansion Project for which
tendering is to be done by HQ and tender acceptance is
beyond the financial power of Member. EPC contract
includes Engineering, Procurement and Construction
Contract in same package. This also includes turnkey
contract, lump sum contract involving design, supply,
installation/erection, commissioning, testing etc. in same
package.
l Corporate Package relates to Package for which tendering
is to be done by Field/HQ and tender acceptance is beyond
the financial power of Member.
l Power of Tender Acceptance for the above purpose is to
be decided on estimated value of proposal.
2. Modification In the event of modification of QR, in case of retendering, the
of QR. modified QR shall be approved as under.
(i) For estimated value upto Rs.3 crore for Project: The QR
which was originally approved by the committee with HOP as
chairman, the modified (revised) QR, subsequent to release
of NIT shall be approved by the expanded committee with
inclusion of the concerned ED as new chairman of the
committee as per Table -2.
(ii) For estimated value upto Rs.3 crore for HQ: The QR which
was originally approved by the committee with chairman
in M-7/M-8 level official, the modified (revised) QR, subsequent
to release of NIT shall be approved by the expanded
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committee with inclusion of the concerned ED as new


chairman of the committee as per Table -2.
(iii) For O&M & other cases (except EPC/Corporate Package)
- estimated value above Rs.3 crore: For modified (revised)
QR, subsequent to release of NIT, a QR Committee will be
formed at the level of Chief Engineer or Equivalent (M-7/M-
8) with inclusion of one additional Executive Director as per
Table -2
Modified Qualifying requirements so finalised shall be
approved by Committee headed by concerned Executive
Director (Chairman of the QR Committee).
iv)For EPC /Corporate Package: For modified (revised) QR,
subsequent to release of NIT, a QR Committee will be formed
at the level of Executive Director (M8/M9/M10) with inclusion
of one additional Member as per Table -2
Modified Qualifying requirements so finalised shall be approved
by Committee headed by concerned Member (Chairman of the
QR Committee).
In case of DFP (OE), QR Committee will be represented by M-6 and M-3 level officials
from the constituent department as per the mechanism given above where approving
authority is HOD and HOO respectively.
In the non-availability of M-6 & M-3 level official as stated above, one step below i.e.
M-5 and M-2/M-1 level official can be nominated with specific approval of above mentioned
authority respectively.
The Committee will consider various other factors, like Indenting/Dealing Officer's
comments on QR in respect of the particular Indent, Guidelines issued by Corporation/CVC
from time to time. Availability of testing facilities and availability of statutory documents
like company/society registration certificate, Service Tax/STRC/VAT Registration Certificate,
financial documents as stated above.
The QR should be decided before the NIT is issued for advertisement. Once the QR is
fixed and advertised, it cannot be altered / relaxed. However, in case of poor response,
against stipulated QR, the same may be reviewed and revised by the QR committee
as stipulated elsewhere for the purpose of re-tendering with the objective of getting
better response and to maintain transparency

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Check list for dealing engineer for ensuring compliance to procedure at the time of formulation
of QR:
Sl No Checklist Noting By Remark
Dealing
Engineer
A Formulation of QR based on earlier approved QR
1. Availability of approved QR for similar package
2. Nos of actual participants in the tender (As per sl no 1)
3. Technical parameters updated as per package specific
requirement
4. List the agencies likely to qualify on their own or through
alternate route separately
5. Reasons for revision in QR with respect to base QR
listed in tabulated form
6. Financial criteria framed in line with the existing
guidelines
7. Brief Scope of work, work schedule and finance vetted
estimate attached.
B Drafting a QR for a new package for which no base
QR can be identified
1. Basis of formulation of QR & available qualification
data tabulated
2. List of agencies likely to qualify of their own or through
alternate route separately
3. Financial criteria framed in line with the
existing guidelines
4. Brief Scope of work, work schedule and finance vetted
estimate attached.

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FORMATION AND APPROVAL OF QR COMMITTEE (Table -1)


Sl. Estimated Value Standing Members Member for Indenter Chairman
No. (Rs.) (C&M and Finance) (to be furnished of the
[to be nominated along with indent Committee Remarks
through standing to C&M dept. by
O.O by the ED (C&M)/ the chairman of
CMM/HOP as the the committee)
case may be
1. For Purchase/ Dy. Chief Engineer Dy. Chief Engineer Head of the In the non-availability
Contracts/Services or equivalent (M-6) or equivalent (M-6) concerned of M-6 level officials,
estimated value project M-5 level official can
up to Rs. 3(three) be nominated with
crore for projects / specific approval of
stations except HQ. the Chairman
of the Committee
2. For Purchase/ -- -- -- Proposal to be sent
Contracts/ Services to the concerned
estimated value ED at HQ
above Rs. 3 (three)
crore for projects /
stations except HQ.
3. For Purchase/ Dy. Chief Engineer Dy. Chief Engineer Chief In the non-availability
Contracts/Services or equivalent (M-6) or equivalent (M-6) Engineer or of M-6 level officials,
estimated value equivalent M-5 level official can
up to Rs. 3(three) (M-7/M-8) be nominated with
crore for HQ Tender of the specific approval
indenting of the Chairman
section of the Committee
4. For O&M and Chief Engineer or Chief Engineer or The In the non-availability
other cases equivalent (M-7/M-8) equivalent (M-7/M-8) Executive of M-7/M-8 level official,
(except EPC and Director M-6 level officials
corporate package) of the can be nominated
having estimated indenting with specific approval
value above department of the Chairman
Rs.3 (three) Crore of the Committee
5. For EPC / Corporate Executive Director Executive Director Concerned In the absence
Package of the Member of ED, minimum
indenting section M-7 level official
can be nominated
with specific approval
of the Chairman
of the Committee
Notes:
i) The member of the QR committee of appropriate level shall consist of one representative each from Indenting,
C&M Department, Finance / Accounts Departments and Chairman of the committee.
ii) QR shall be approved by the committee headed by the Chairman of the committee.
iii) For site packages referred to HQ shall be dealt by the respective representing section at HQ as nodal officer.
iv) The above mentioned standing QR committees so formed will remain valid for one year.
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Formation of QR Committee for modification of QR (Table - 2)


Sl. Chairman of Committee Additional member in the Remarks
No. Committee
1. Concerned ED for sl. no. Concerned ED as Additional
2(i) & (ii) of Modification member and also the -------
of QR Chairman of the Committee
2. Executive Director for One additional Chairman of Additional member in
sl.no. 2(iii) of Executive Director the Committee the committee
Modification of QR as per remarks column
ED (operation) ED (project)
ED (project) ED (operation)
ED (system) ED (commercial)
ED (commercial) ED (system)
ED (fuel) ED (operation)
ED (mining) ED (Project)
3. Member for sl. no. 2(iv) One additional Member Member (T) Member (S)
of Modification of QR as per remarks column Member (S) Member (T)

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FLOW CHART OF PROCESS FOR PREPARATION


AND APPROVAL OF QR

RESPONSIBILITY ACTIVITY
INDENTING DEPT.
l QR PROFORMA
l PROPOSED QR FOR THE PACKAGE
DEALING OFFICER l PROPOSED QR FOR SUBVENDORS
IF ANY
PREPARATION OF PROPOSED QR l COPY OF REFERENCE QR
l CHANGES MADE IN PROPOSED QR
OF C&M DEPT. W.R.T REFERENCE QR WITH REASONS
l BRIEF SCOPE OF WORK
l SOURCE OF FINANCING
REVIEW OF PROPOSED QR l VENDORS LIKELY TO BE QUALIFIED
l FINANCE VETTED & APPROVED COST
INDENT. DEPT. \ ESTIMATE OF THE PACKAGE
l WORK SCHEDULE FOR THE PACKAGE
HEAD l PAYMENT TERMS IN THE LATEST
PRE QR MEETEING BETWEEN ENGG, AWARDED SIMILAR PACKAGE
FINANCE & CONTRACTS IF REQUIRED

DEALING OFFICER
OF C&M DEPT. FIXING UP DATE AND TIME WITH
MEMBERS OF QR COMMITTEE &
INFORM CONCERNED HOD
TO DEALING ENGINEER IN CASE OF NON

OTHER CONCERNED
HOD IF APPLICABLE

DEALING OFFICER MEETING OF QR


OF C&M DEPT. COMMITTEE
APPROVED QR

MOM OF QR COMMITTEE TO
MEMBER FOR APPROVAL

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SECTION-VIII

TENDER DOCUMENTS

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SECTION-VIII: TENDER DOCUMENTS


I TENDER DOCUMENTS:
Tender Documents shall contain the following:
i. Invitation for Bid (IFB).
ii. Instruction to Bidder
iii. Qualifying requirement carefully designed to permit entry only to tenderers who possess
the technical, financial & managerial capability to meet the requirement.
iv. General Condition of Contract (GCC) as applicable to the work/ procurement/services
under scope of particular tender/bid.
v. Special Condition of Contract (SCC) Additional/Special terms & conditions, if any
vi. Detailed specification and drawing, wherever necessary.
vii. Quantity & Delivery schedule/scope of work/BOQ/Price Schedule with completion
schedule.
viii. Integrity Pact, if applicable.
ix. All relevant formats.
x. Any other document, if applicable
II. LETTER OF BID:
The format of Letter of Bid will be uploaded during creation of tender in pdf format as
a NIT document. This will be downloaded by the bidder and will be printed/ typed on
his letter head. This document will be signed by the bidder and the scanned copy of
the same will be uploaded during bid submission in Part-I. This will be the covering
letter of the bidder for his submitted bid. The content of the "Letter of Bid" uploaded
by the bidder must be the same as per format given in the NIT/ Tender Document and
it should not contain any other information.
III. TECHNO- COMMERCIAL PARAMETER SHEET:
The Techno-commercial Parameter Sheet containing the technical specification
parameters for each tendered item along with bid(tender) parameters/commercial terms
will be in Excel format (password protected) and will be uploaded during tender creation.
This will be downloaded by the bidder and he will furnish all the required information
on this Excel file. Thereafter, the bidder will upload the same Excel file during bid
submission in Part-I. The Techno- commercial Parameter Sheet which is incomplete
and not submitted as per instruction given above will be rejected.
1) All the Commercial terms and conditions of contract like Delivery Schedule, Payment
Terms, Price Fall/Variation Clause, Liquidated Damage Clause, Basis of Pricing
(FOR/FOB Terms or other INCOTERMS in respect of Export/Import Contracts), Risk
Purchase Clause, Guarantee/Warranty Conditions, Performance Guarantee Clause
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and Inspection Clause etc. will be specifically mentioned in the NIT/Bid (tender)
document. The bidder has to accept those terms and conditions unconditionally in order
to participate in the tender which are to be stipulated as mandatory condition of NIT/
Bid (tender) document.
2) The Indenting department will furnish the details of Delivery Schedule, Guarantee/Warranty
Conditions, Applicability of Performance Guarantee Clause and Inspection Clause. The
other Clauses like Payment Terms, Price Fall/Variation Clause (wherever applicable),
Liquidated Damage Clause, Basis of Pricing (FOR/FOB Terms or other INCOTERMS
in respect of Export/Import Contracts), Risk Purchase Clause etc. will be mentioned
in the NIT/ Bid (tender) document as per the provisions of Works & Purchase Manual
of DVC. The rate of Entry Tax applicable for the tendered items is to be mentioned in
the NIT/ Bid (tender) document with source of origin. The applicability of CST (full or
concessional) for the tendered items is also to be mentioned in the NIT/ Bid (tender)
document. The General Terms and Condition will be as per current Works & Procurement
Manual of DVC and shall form integral part of the NIT/ Bid (tender) document.
Additional/Special Terms and Conditions of Contract may either be adopted from
Optional Condition of Contract as given in this manual on case to case basis. However,
some special Conditions of Contract may be included in Tender Document by TIA based
on approval of QR Committee to cater the need of any particular Tender Proposal.
IV TECHNICAL SPECIFICATION:
The Indenting department will furnish the technical specification/material specification
for each specification parameter of each item to be procured, in an objective format
with the required evaluation criteria to the Contract & Material department. The format
will contain the specification parameters of the items in a very specific and objective
manner which will facilitate automatic Technical evaluation of the Bids. Based on the
above information received from the indenting department, the Technical (Techno-
Commercial) Parameter Sheet in Excel format (password protected) will be prepared
by the official of C&M department (Creator of Tender) and the same will be uploaded
during tender creation.
V PRICE BID:
The Price bid containing the bill of quantity/Price Schedule will be in Excel format
(password protected) and will be uploaded during tender creation. This will be downloaded
by the bidder and he will quote the rates, taxes & duties etc. for his offered items on
this Excel file as per instruction contained in NIT/bid (tender) document. Thereafter, the
bidder will upload the same Excel file during bid submission in Part-II. The Price Bid
which is incomplete and / or not submitted as per instruction given above will
be considered unresponsive bid and will be rejected out rightly. This stipulation
is to be mentioned clearly in NIT/Tender Document.
Modification of the submitted bid shall be allowed on-line only before the deadline of
submission of tender and the bidder may modify and resubmit the bid on-line as many
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times as he may wish. The bidder may withdraw his bid on-line at any time before the
last date and time of submission of bid at his discretion without losing his EMD. No
bidder will be allowed to withdraw or modify the bid after deadline of submission. The
actions which shall be taken in case of withdrawal of bids at different stages of
tender/bid participation are as indicated below:
i. If the withdrawal is on-line within the deadline of bid submission, the EMD will be
refunded.
ii. If the request of withdrawal is received after deadline of bid submission and before
opening of Techno Commercial bid, the bidder will be disqualified and his EMD will be
forfeited and the techno commercial bids of remaining bidders will be opened.
iii. If the L-1 bidder withdraws his bid after issue of Purchase/Work Order/LOA/LOI/LOI-
cum-Work Order/Letter of Award, then his EMD will be forfeited and penal action may
be taken, and re-tender shall be done for the items awarded to him. In this re-tender
such defaulting Bidder will not be allowed to participate.
VI INTEGRITY PACT:
In order to ensure transparency, equity and competitiveness in its procurement and
works, DVC has decided to adopt Integrity Pact. The Integrity Pact (IP) envisages an
agreement between the prospective vendors/bidders and the buyer committing the
persons/officials of both the parties, not to exercise any corrupt influence on any aspect
of the contract.
The Integrity Pact shall be applicable for tenders having estimated value of Rs.15 crores
and above. Further, in case of tenders having estimated value of Rs.50 crores and
above, the Independent External Monitors (IEMs) shall be responsible to oversee the
implementation of Integrity Pact objectively and maintaining absolute neutrality as per
CVC available guideline in this regard.
IMPLEMENTATION OF INTEGRITY PACT:
1. Integrity Pact (IP) will be applicable for Tenders/Contracts value of Rs.15 crores and
above:
2. Following Integrity Pact Clause has been incorporated in the tenders of value Rs.15
crores and above:
a) "DVC shall be entering into an Integrity Pact with the bidders as per format enclosed
vide Annexure (Y). The proforma has to be resubmitted by the bidder (along with the
techno-commercial bid) duly signed by the same signatory who signed the bid, i.e.,
who is duly authorised to sign the bid. Any bid not accompanied by Integrity Pact
proforma duly signed by the bidders' shall be rejected straightway. All pages of IP to
be signed by the bidders'' authorised signatory who signs the bid". In other words,
entering into this Pact would be a preliminary qualification.
The format of Integrity Pact is as Annexure (Y) which should form a part of the tender
document of estimated value more than Rs.15 crores.
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VII COST OF TENDER DOCUMENTS:


In case of open tendering by press advertisement, the tender documents fee shall be
decided on the basis of estimated value. No cost of tender document is required for
LTE (without QR) and STE. Accordingly, the cost of documents for different categories
as under will be regulated as below.
A. FOR PURCHASE / MISC. WORKS / ANY CIVIL WORKS / SERVICE- CONTRACT /
AMC / RC
Sl. No. Estimated value of Indent Cost of documents
1. Upto Rs. 25 lakhs Rs.1000/-
2. Above Rs.25 lakhs upto Rs.100 lakhs Rs.2000/-
3. Above Rs.100 lakhs upto Rs.500 lakhs Rs. 7000/-
4. Above Rs.500 lakhs Rs.12000/-

B.FOR NEW PROJECTS / R&M WORKS / RLA STUDIES


Sl. No. Estimated value of Indent Cost of documents
1. Upto Rs.100 lakhs Rs. 5000/-
2. Above Rs. 100 lakhs upto Rs.700lakhs Rs. 10000/-
3. Above Rs. 700 lakhs upto Rs.2000 lakhs Rs. 15000/-
4. Above Rs. 2000 lakhs upto Rs.5000 lakhs Rs. 25000/-
5. Above Rs. 5000 lakhs Rs. 35000/-
Small scale industries registered with NSIC shall be issued the Tender documents free of
cost subject to production of the documentary evidence like valid Registration Certificate
from Appropriate Govt. Authority.
Service Provider Fee/Bid participation fee as applicable is to be added along with cost of
tender document which would be reimbursed by DVC to Service Provider. Limited Tender
with QR will also have cost of Tender Document as stated above.
However, Service Provider Fee/Bid Participation Fee in case of Small scale industries
registered with NSIC will be borne by such industries.

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VIII EARNEST MONEY DEPOSIT FOR TENDERS:


1) In all cases of open tendering, Earnest Money Deposit shall be applicable and regulated
against individual tender as follows: -
(i) For cases of estimated value up to Rs.5 crores :- 2% of the Estimated Value.
(ii) For cases of estimated value above Rs.5 crores :- 1% subject to minimum of Rs.10 lacs.
2) Earnest Money is not to be insisted in case of single tender enquiry of any value and
limited tender enquiry for packages of estimated value upto Rs.25.00 lakhs. In case
of limited tender enquiry for packages of estimated value above Rs.25.00 lakhs, Earnest
Money may be imposed at above rate at the discretion of TIA.
3) Small scale Industries registered with NSIC shall be exempted from payment of EMD.
SSI Units seeking such exemption must enclose valid registration certificate from
appropriate Govt. authority giving details such as validity, stores, exemption limit, bid
threshold value etc.
4) The Earnest Money should be deposited along with the tender, if applicable, as per
direction given in the NIT/Tender Document, and shall be furnished in any of the following
forms:
a) E-payment mode has been enabled. The bidders can pay the cost of bid document
and the EMD through electronic mode i.e. credit card/ debit card/ net banking.
Provision for NEFT/ RTGS has also been enabled, moreover in case the bidder
who do not have any credit card/ debit card or net banking facilities, they can use
NEFT/ RTGS facilities for payment by downloading the challan from the web site
and submit the same to nearest bank.
b) Earnest Money for an amount exceeding Rs. 50000 can be submitted in the form
of Bank Guarantee from an Indian Nationalized Bank / Schedule Bank / Foreign
Bank (in the scheduled list of Reserve Bank India), irrevocable and operative till
the validity of the offer as per standard Proforma.
Overseas bidder, in case of participation, is permitted to submit the Bank Guarantee
from Foreign Bank which are included in the scheduled list of Reserve Bank India, copy
of which is annexed in Annexure-F. However, any Foreign Bank not mentioned here
but subsequently included in the scheduled list of RBI in the course of bidding shall be
accepted. Such inclusion of Bank's name is to be obtained from the website of RBI.
The Bank Guarantee currency shall be same as currency of Price Bid. In case the
bidder arranges to submit BG in INR from Nationalized or Schedule Bank of India
through their trade relation and quote the bid in USD/EURO, the same shall also
be accepted.
d) DVC Bonds duly endorsed in favour of DVC.
e) Post Office National Savings Certificate, having face value equal to the EMD value
and duly endorsed by issuing authority in favour of DVC.
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f) Attested photocopy of certificate issued by DVC as permanent EMD account holder.


g) Pay order/ demand draft in favour of DVC.
5) The offer accompanied by B.G. against EMD will only be considered valid on acceptance
of the Bank Guarantee. The offer not accompanied by specified EMD in proper form
as defined in the Bid Document shall not be considered as valid tender for opening
provided necessary stipulations are made in the NIT.
6) In case it is observed that there is a shortfall in earnest money deposit to the extent
of Rs.100/- the same may be condoned by TIA.
7) The earnest money would be refunded to the unsuccessful tenderers within 15 days
of finalisation of the tender. Earnest Money will be returned to the successful tenderer
after receipt of SDBG as per terms mentioned in the purchase/work order. No interest
would be paid against the EM deposits.
8) Earnest Money deposited is liable to be forfeited without any notice or proof of damage
to the DVC, etc.in the following circumstances:-
a) For failure of tenderers to accept the order / LOI / LOA/NOA placed within the
validity period of their offer,
b) Any bidder withdraws/varies his offer within the bid validity period before finalisation
of the tender.
c) If the bidder does not accept the arithmetical correction of its bid price.
d) For failure to submit security cum performance BG within 30 days from the last day
of the specified time limit as stipulated in the PO/LOI/LOA.
e) If the acceptance of order is not received within the stipulated period.
f) If the Bidder does not withdraw any deviation listed in Statement of Deviations at
the cost of withdrawal indicated by him,
g) If the Bidder refuse to withdraw, without any cost to the DVC, any deviation not
listed in Statement of Deviations but found elsewhere in the Bid,
h) On providing false or incorrect information in respect of qualifying requirement etc.
i) In case the L1 bidder for any item fails to produce the documents within the specified
period as stipulated in W&P manual, or if any of the information furnished by L1
bidder on-line is found to be false by the Tender Committee during verification of
documents.
The above conditions are to be suitably incorporated in NIT/Tender Document.
IX ACCEPTANCE OF BANK GUARANTEE SUBMITTED BY THE BIDDER TOWARDS
EMD/BID SECURITY/BID GUARANTEE:
It has been often experienced that the Bank Guarantee submitted as EMD or Bid Security
or as Security Deposit -cum-Performance Guarantee deviates from the standard format
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as provided in the bidding document. While such a Bank Guarantee, with name of work,
value and validity different from that prescribed in NIT/Tender Document shall not be
accepted. However, it would not be prudent to reject a Bank Guarantee with changed text
but otherwise meeting the intent and purpose, as well as other important parameters such
as name of work, value and validity etc. Accordingly, such cases need to be dealt with as
described below.
The Bank Guarantee shall not be accepted and bid shall be rejected, if:
a) The name of the NIT mentioned in the BG is different from the NIT for which bids have
been invited.
b) The firm/proprietor, on whose behalf the bank guarantee has been furnished, is different
from the bidder.
c) The Bank Guarantee is not of the prescribed value.
d) The validity of the Bank Guarantee is less than the stipulated period. However, the
shortfall, if any, up to a period of 7 (seven) days, shall be acceptable. Further, an
additional shortfall only in the following cases shall be acceptable:
i. If the dead line of submission of bids and the date of bid opening has been extended,
a shortfall up to the period of extension shall be acceptable.
ii. If the dead line for submission of bids and the date of bid opening has been extended
more than once, a shortfall up to the period of total extension shall be acceptable.
Note:- The Bank Guarantee to be prepared on non-judicial stamp paper of appropriate
value which vary from state to state and time to time. As such no rate has been
prescribed. It has to be verified from the bank.
If the text of the BG furnished by a bidder is at variance from the given in the bidding
documents, the BG shall not be rejected merely on that ground. It shall be examined
by the concerned Purchase Officer/Dealing Officer to ascertain whether it meets the
required intent and purpose of EMD / bid security or Security Deposit-cum-Performance
Guarantee. If the BG is not found acceptable, the bid shall be treated as non-responsive.
If the BG is found to meet the intent and purpose of bid security, despite the variance
in text, the concerned Purchase Officer/Dealing Officer shall obtain the vetting of the
same by the legal cell. Thereafter, Tender Inviting Authority shall approve it for
acceptance.
The checklist for acceptance of BG and The formats for BG against EMD/SD/Advance
and extension are given at the end of this manual.
For procurement of vehicle, exclusion of Security Deposit cum Performance Guarantee
Clause in NIT may be considered with the approval of TIA. The custody of the BG.
should be with the concerned Finance (Accounts) Deptt, who in turn will monitor the
same and lodge a conditional claim with the Banker one month in advance before the
expiry of the Bank Guarantee. The Finance Deptt should also send a copy to Engineer
in charge and C&M Deptt for extension /disposal of the BG. If no response is received
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for extension within the time Schedule, Finance Deptt. should lodge formal claim against
the BG for recovery of the money.
X PERMANENT EARNEST MONEY DEPOSIT :
a) The Tenderer may deposit with the Corporation, permanent EMD of rupees three lakhs
only (Rs.3,00,000) in the form DD/Pay order/banker cheque in favour of Damodar Valley
Corporation payable at Kolkata in INR or BG for a period of three years constituting
the same sum as security for the compliance with the obligation undertaken in the
tenders involving estimated cost upto Rs.1 crore irrespective of no. of tenders. No
interest shall be payable on such deposit amount. Tenderer shall be entitled to submit
offers and to have them considered without payment of EMD with each tender separately.
An exemption certificate shall be issued to such vendors and they need to furnish
reference of this certificate alongwith tender document and also superscribe the reference
on the envelope so that offers are accepted for opening.
b) Permanent EMD deposited by vendors/suppliers shall be forfeited in case they
i) Revoke the tender or increase the rates after opening the tender but during the validity
period of their offers
or
Refuse to accept the order/contract issued as per their offer or subsequent mutual
agreements.
ii) Do not execute the orders.
c) Permanent EMD can be refunded if so desired by vendors, in which case they shall
be required to deposit requisite EMD with each tender.
XI Tender Document Selling (Open Tender) in case of offline mode:-
a) Tender documents with detailed specification/scope of work for open tenders may be
obtained from the office of the respective Tender Inviting Authority against cash receipt
from respective Finance Deptt., DVC, or against Demand Draft / Banker's Cheque in
favour of " Damodar Valley Corporation or Head of Finance (Accounts) Section of NIT
Issuing Station for an amount equal to value of the Tender documents, on all working
days upto 3 P.M. except holiday and the first and last working day of the month.
b) Prospective outstation tenderers who intend to submit tenders may obtain the tender
document by post, if agreed by TIA, by remitting the prescribed cost of tender document
plus additional postal charge of Rs.100/- in the form of Demand draft / Bankers' Cheque
in favour of "Damodar Valley Corporation, Kolkata- 54" or Head of Finance (Accounts)

XII AMENDMENT OF BIDDING DOCUMENTS:


a) At any time prior to the deadline for submission of bids, the DVC may, for any reason,
whether at its own initiative, or in response to the clarifications requested by the
prospective Bidders, amend the bidding documents except QR after due approval of
Tender Inviting Authority.
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b) The amendment will be notified in writing/web site or by telephone/fax/e-mail to all


prospective Bidders that have received the bidding documents and will be binding on
them. Bidders are required to immediately acknowledge receipt of any such amendment,
and it will be assumed that the information contained therein have been taken into
account by the Bidder in his bid.
c) In order to give reasonable time to prospective bidders to take the amendment into
account in preparing their bid, the DVC may, at his discretion, extend the deadline for
the down loading/selling/submission/uploading of bids.
d) Any addendum/corrigendum/extension, if required, pertaining to Open NIT published
through press advertisement will be hoisted in DVC website only and will not be
published in Newspaper again. Bidders may be requested to visit DVC website regularly
for any addendum/corrigendum/extension till opening of said NITs. This stipulation is
to be incorporated in the original press advertisement for the NIT.
e) In case of change in technical parameter/ specification/ scope of work, selling/downloading
and submission/uploading date to be suitably extended.
XIII PAYMENT TERMS:
a) General payment Terms:-
The normal payment term of DVC for supply order is '100% payment with full taxes &
duties will be made within 15 working days of receipt of material at site and inspection
& acceptance thereof' or within 15 (fifteen) working days of submission of invoice
whichever is later. However, payment terms for POs placed directly on manufacturer
may also be done as below:
1) 90% of the ordered value to be paid against despatch documents through bank
subject to acceptance of SDBG, if applicable. Balance 10% of the ordered value
to be paid after receipt of materials at site and acceptance thereof.
2) Provision of part payment against part supply of consignment at consignee's end
may be incorporated in Purchase order on the merit of the case (only if the part
consignment can be used independently), provided necessary stipulation is made
in the NIT/Tender document.
The payment terms for works/service contract (other than EPC/Turnkey) may be
regulated as below:
90% of contract price for works/service contract against RA bills. This also includes
initial advance, if any and remaining 10% after completion of the contract.
b) Payment for EPC/Turnkey contracts:-
The payment terms for supply and erection & commissioning for any Turnkey contracts
may be regulated as follows:
1) Supply portion only:

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i) 70% of the Ex-works price /ordered value of supply (of bough out items) with
full taxes and duties as applicable after adjustment of advance, if any, will be
paid against proof of despatch (viz. R/R, L/R), detailed invoice / packing list,
warranty certificate, test certificate, insurance policy / certificate, dispatch
clearance. 20%of the Ex-works price / order value of supply (in case of bought
out items) after receipt of the materials and inspection and acceptance at site.
However, for spares, balance 30% shall be paid after receipt of materials and
inspection & acceptance at site.
ii) Remaining 10% after complete erection and commissioning & testing and
handing over.
2) Erection & Commissioning:
i) 90% of contract price for Erection & commissioning to be made against RA
bills. This also includes initial advance, if any.
ii) Remaining 10% after complete erection and commissioning & testing and
handing over.
iii) In case of EPC or Turnkey Contract, the payment as per approved Billing
Schedule (Billing Breakup - BBU) against the above two cases in terms of
stipulation of Contract may be done. However, the payment made under this
condition will be notional only to facilitate the cash flow for smooth progress
and may not reflect the value of actual work done/material supplied.
c) In case of importation the following payment terms may be considered:
100% of FOB/FCA/FAS/C&F/CIF price etc as stipulated in Purchase Order less Indian
Agency Commission in Rs. if any, shall be paid against presentation of shipping
documents as called for in the purchase order through irrevocable LC.
d) Advance Payment:
i) Mobilization advance:
1) Advance payment is normally discouraged. In exceptional circumstances, interest-
bearing advance to the extent of 10% of contract price may be given against submission
of BG taken towards security of the advance should be at least 110% of advance so
as to recovery of not only principal amount but also interest portion if so required.
2) The BG wherever applicable should be valid upto the date of completion of works/supply
or extended period completion of works/supply with claim period as per format and
acceptance thereof.
3) Advance should not be paid in less than two equal instalments except in special
circumstances for that reasons to be recorded.
4) A clause in the tender enquiry to be incorporated that the interest free advance would
be deemed as interest bearing advance at a Base rate of SBI plus 3.5% if the contract

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is terminated due to default of the contractor. However rate of interest should be applied
for calculation of interest on the advance amount in reset basis (i.e. not fixed rate of
interest, it may go on changing during the period of advance remain unadjusted) based
on the change of base rate time to time.
5) Advance should be recovered within the original completion /extended completion time
as per the provision of contract.
ii) Other advance:
Provision for 100% advance (interest free) without submission of BG may also be
allowed in dealing with procurement on single tender basis from CPSU/Govt. controlled
autonomous Organisation / Universities / Laboratories/ Reputed Private Manufacturer
as OEM etc.
Specific examples are:
1) Procurement of LDO/FO/HSD/Motor Spirit/Lubricants & Greases from CPSUs like
IOC/HPCL/BPCL.
2) Procurement of Steel from CPSUs like SAIL, IISCO, RINL etc.
3) Procurement of Vehicles from Tata Motors, Hindustan Motors, Maruti Udyog, Hero
Hondo, Bajaj, Enfield etc.
4) Testing/consultancy & other services from CPSUs like CMERI, CMRI, CPRI CFRI,
NTPC, IIT's, IIM's, NPC, BSNL, WAPCOS, CWPRS etc. and
5) OEM's who do not sell their product without advance.
Note:
1) Where a claim of Sales Tax/VAT is preferred and admitted, the supplier must satisfy
that he is a registered dealer under the Sales Tax Act and possesses a Certificate of
Registration in the firms name in which the supply is made and shall in proof thereof,
while submitting bills for payment, furnish the, number, date and other particulars of
such certificate.
2) For materials which are ordered on weights/ volume, the payment should be as per
measurement at DVC's stores / sites irrespective of the quantity mentioned in the
challans / documents, unless there is explicit provision in the Purchase Order/contracts.
If there is 3rd party inspection, in the above cases, 3rd party inspection charges would
be as per Weight/ Volume received at DVC end. The statutory charges and duties,
however, have to be paid on actuals as per documents received from the vendor.
3) The contractor/vendor shall furnish the following certificate to the Order issuing authority
/Paying Authority along with each invoice/bill against payment for supplies made against
any supply order/RC with longer completion period (more than a year), if the same is
placed on firm price basis.

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"I / we certify that there has been no reduction in the sale price of the stores of
description identical to this item, supplied to any person/organization and such
stores have not been offered/sold by me/us to any person/organization at a price
lower than the price charged under this contract up to the date of this bill."
Note: Only relevant payment term applicable as per type of package / tender should be
included in the tender/bid document by the TIA.
XIV LIQUIDATED DAMAGE:
1) The time remains the essence of all contracts awarded by DVC and all deliverables/work
under a Purchase Order / Work Order needs to be completed within the contractual
time schedule. Therefore, the provision has been kept in the contract that in case of
delay in completion, for the reasons attributable to the contractor, Purchaser or owner
(DVC) reserves the right to recover from the Vendor/Contractor a sum equivalent to
0.5% of the value of the delayed materials / work / equipment / spares for each week
of delay and part thereof subject to maximum of 5% of the total value of the contract
as Liquidated Damage (LD).
2) The proposal for time extension and decision on LD shall, accordingly, contain a detailed
analysis by the indenting/executing authority indicating reasons & period of delay on
each account, as detailed above, along with documentary evidence thereof to the extent
feasible and relevant.
3) In the event of any difficulty in deciding on the imposition of LD at the intermediate
stages (especially in works/turnkey/EPC/lump sum contracts) during execution of any
contract, provisional time extension may be granted with the approval of the competent
authority as per DFP so that there is no problem in accepting delayed supply/works.
Such provisional time extension shall be without prejudice to the right of DVC in levying
LD and other rights as per terms of the contract. However, there shall be no restriction
in issuing final extension order at any stage of the work wherever it is possible to
do so.
4) In cases, where the works/supply/services extend beyond the contractual completion
schedule/delivery period and provisional extension order is issued without deciding
on the application of LD, no amount from the RA bill will be withheld in case where
adequate retention amount (over and above SD) remains with DVC as per terms of the
contract as per the payment term stipulated in Contract. In absence of such retention,
admissible LD amount on pro-rata basis as decided by concerned TAA (below CE)/Chief
Engineer/HOP (Where TAA is above CE) shall be withheld from their running bill till
final decision on LD is taken.
5) Paying authority should not deduct the L.D. amount directly as the reasons for delay
is not fully known to them. On receipt of materials/execution of contracts after expiry
of scheduled delivery period/time of completion as per the contract, the Paying Authority
should immediately clear the payment without waiting for formal delivery period / time
extension order, withholding (not deduction) the extent of L.D. amount as applicable
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and inform the order issuing authority and indenting officer to resolve/settle the applicability
of L.D. clause within a reasonable period enclosing the Vendor/Contractor's appeal if
any, thereafter the withheld L.D. amount to be regularized accordingly.
6) Normally the concerned Vendor/Contractor should make an appeal before expiry of
scheduled contractual delivery/completion period to consignee and/or order issuing
authority mentioning the reasons for delay.
7) If the delay is attributable to the vendor/contractor (can be ascertained as per calculation
shown in the forthcoming para) as assessed be the order executing authority, LD Clause
shall be imposed on the vendor/contractor even if the Corporation has not suffered any
demonstrable actual loss for such delay, as it is a pre-estimated compensation only.
8) Equipment and materials will be deemed to have been delivered only when all its
components, parts are delivered. If certain components are not delivered in time, the
equipment & materials will be considered as delayed until such time all their parts/
components are delivered.
9) While finalizing final time extension, if Liquidated Damage is levied in each and every
contract undergoing delay in completion/delivery period, without examining the merit
of the case and the taking relevant aspects into account, such a decision will not only
be against the spirit of the contract but may not ultimately be in the interest of DVC
also. At the same time, cases involving loss/damages to DVC due to delays by
vendor/contractor should not be dealt with leniently. Hence, in order to safeguard the
long term and larger interest of DVC, the cases for imposition of Liquidated Damage
need to be dealt with logically and rationally, maintaining consistency in approach by
order executing authority. Accordingly, in the normal course, the cases of time
extension/Liquidated Damage will be dealt with as per guidelines given hereunder.
10) Every delay has a cost. LD is basically pre-estimated loss to DVC in case of delayed
delivery/delayed completion period of work. Damages, with reference to a contract, in
the context of Liquidated Damage, can be defined as the amount adjudged to be paid
by vendor/contractor to the owner (DVC) as compensation for the loss sustained by
the owner in consequence of the breach of contractual obligations pertaining to time
schedule. The fundamental principle underlying the theory of damages is not punishment
but compensation.
11) In contract / Purchase Order awarded by DVC delay in performance of the contract /
Purchase Order may be on account of one or more of the following:

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(i) Reasons attributable to the owner viz. delay in giving approval of submitted drawings,
in sending Inspector to carry out inspection at vendor's works, in issuing despatch
clearance, in issuance of road permit etc.
(ii) Reasons attributable to "Force Majeure" conditions as defined in the contract / Purchase
Order.
(iii) Reasons attributable to the Vendor/Contractor viz., delay in the submission of drawings
for approval, in getting the materials from vendor/vendor's principal/manufacturer in
abroad, in getting the raw materials etc.
12) The proposal for time extension and decision on LD shall, accordingly, contain a detailed
analysis by the executing authority indicating reasons & period of delay on each account,
as detailed above, along with documentary evidence thereof to the extent feasible and
relevant. Based on the analysis, the period of delay due to 'Force Majeure' and for
reasons attributable to DVC shall be identified. The idea of the exercise is to find out
the net delay, which is attributable to the vendor/contractor. Experience of LD cases
dealt with in the past reveals that the all the three types of delay mentioned above are
so much mixed up/intermingled, with one running concurrently with another, at intermittent
stages that it becomes extremely difficult to directly identify the delay attributable to the
vendor. As such, a practicable approach for working out the net delay attributable to
the vendor/contractor, as described below, shall be adopted.
i. Total delay that has occurred in a Contract =A
ii Cumulative period of delay on account of "Force Majeure" = B
iii. Cumulative period of delay on account of DVC =C
iv. Concurrent cumulative period in (ii) & (iii) =X
v. Cumulative period of delay on account of "Force Majeure" and DVC= B + C - X
vi. Net period of delay attributable to the contractor, Z = A-(B+C-X)
In case the period Z, arrived at as per Para above, is ngative/zero, the time extension, till
the actual completion of the supplies, shall be allowed without any LD.
In case the period Z, arrived at as per Para above is positive, LD will be imposed as per
rate indicated in the Purchase Order.
XV RISK PURCHASE:
The Purchaser reserves the right to purchase the material/spares/ equipment or get the
service & works done from elsewhere at the sole risk and cost of the Vendor and recover
all such extra cost incurred by the Purchaser/Owner in procuring the material, services and
works contract. The procedure to be followed is given below.
i) After the expiry of the specified date of delivery/ completion period, a notice should be
given to the vendor for delivering the material/ completion the work immediately.
j) If the vendor fails to deliver the material/ complete the work, a final risk and cost notice
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is to be served to the vendor by registered post with A/D/speed post, clearly indicating
that if he fails to deliver the materials/ complete the work within specified period as per
condition of contract/W& P Manual (GCC) after receipt of the letter, the same shall be
outsourced/executed from other sources at the risk and cost of the vendor. Such letter
is to be issued with approval of TAA. However in case TAA is Board or Chairman,
approval of concerned member shall be obtained.
k) The existing order has to be closed and action to be initiated for procurement / completion
of work &services of the balance items/ portion. While taking such action the defaulting
vendor/contractor should not be given an opportunity against fresh tender/enquiry.
l) If it is found that price has come on the higher side then the difference between the
original price and the new price will be recovered from the vendor.
m) For the purpose of recovery of the amount, unpaid amount / security deposit/ SD by
way of BG, provided by the vendor/contractor will be adjusted first, if there is any balance
left to be recovered, the Vendor/Contractor should be informed to deposit the money
at the earliest.
n) If he fails to deposit the balance amount no further enquiry will be given as per banning
procedure.
o) In case the amount is considerable, legal action may be considered by TAA. However
in case, TAA in Board or Chairman, approval of concerned member shall be obtained.
p) Alternatively, the Purchaser may short close the Order stating the reason for not resorting
to risk purchase clause in case of exigency with approval of TAA. However in case TAA
is Board or Chairman, approval of concerned member shall be obtained.
In the event of recourse to alternatives as mentioned above, the Purchaser/DVC will
have the right to re-purchase the stores or complete the work, to meet urgency in
requirement caused by Contractor/Vendor's failure to comply with the schedule of
delivery or completion of the work or services irrespective of the fact whether the
materials /equipment/ work/ service are similar or not.

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CHECKLIST FOR PREPARATION OF TENDER ENQUIRIES:


The following points are to be taken care of by dealing Officer of C&M department before
issuing of any tender enquiry:-
Item/Work :
Mode of Tendering :
Sl. Description Compliance Remark
No.
1 Description of Work/Item is correctly defined
2 Time Frame is as per W&P Manual
3 Pre bid date provided
4 Cost of Bid Document & EMD Provided
5 Approval for procurement/work obtained as per
relevant clause of DFP
6 Evaluation Criteria defined
7 Approval for Deviation from W&P Manual obtained
8 Approval for Estimate & QR available
9 Budget provision exist
10 PAC/OEM/OES or Standardisation Certificate provided
11 Relevant Drawing/ Specification enclosed
12 The quantity & Unit of item mentioned
13 Pre despatch Inspection details provided
14 Delivery period/ Completion time provided
15 Quality Assurance plan is correctly indicated
16 LD clause defined
17 Payment terms defined
18 Value and Period of Performance guarantee provided
19 The Guarantee/Warranty Clause defined properly
20 Price Basis Firm/Variable defined
21 Taxes & Duties defined
22 The details of Contact person provided
23 The TIA contact details along with address provided

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SECTION-IX

TENDER OPENING & EVALUATION PROCESS

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SECTION-IX: TENDER OPENING & EVALUATION PROCESS


I INVITATION FOR BIDS:
Bids shall generally be invited for open tender through publication of the NITs in
newspapers / website, detailing QR along with techno-commercial specification. In case
of LT, QR is required only if there is no approved vendor list/ poor vendor list. In other
cases of LT, QR is not required.
II PRE-BID CONFERENCE:
A pre-bid conference, for clarifying the queries that prospective bidders may like to
seek in regard to the provisions of bidding documents and other details shall normally
be held within 7(seven) days from last date of downloading/sale closing of tender
documents. The firms who have purchased the bidding documents or intend to participate
in the bidding process may attend the conference. Queries raised by various firms shall
be discussed in the Pre-Bid Conference/Clarification Meeting attended by the
representatives of the firms and the TC Committee. On conclusion of the meeting,
Tender Committee shall draw a minute immediately thereafter, in line with the discussions
held during the meeting, clarifications to the written queries received from bidders,
either prior to or during the conference, shall be prepared, along with the amendments,
if any, to the bidding documents, by the TC and same to be placed before TIA for
approval. The same may be incorporated in the bidding documents within 03 three
days (within 7 days for EPC contract) of Pre-bid conference after approval of Tender
Inviting Authority and same will be hosted on Website. The clarification to the bidders
along with amendment, if any, on conclusion of pre-bid conference may also to be
issued to all the participating bidders.
All the queries shall be answered clearly and reply in the form of "as per NIT document"
shall be avoided. In case the query is properly defined in the NIT documents then
clause no of NIT document shall be referred.
However, TIA approval of pre-bid conference report is not required where the same is
recommended by higher level Tender Committee i.e. above the level of TIA or TIA is
one of the member of recommending authority. But TIA may take initiative for further
action i.e. with regard to hosting of clarification of pre-bid conference along with the
amendments, if any, to the bidding documents, opening of price bid etc.
Any modifications of basic technical specification of the Bidding Documents which may
become necessary as a result of the pre-bid conference shall be made exclusively
through an amended NIT/Tender Documents in website only and not through the record
notes of the pre-bid conference with suitable extension of tender sale / downloading
period and tender submission period.
Pre-bid conference is found to be helpful in clarifying / addressing various queries /
confusion of bidders which facilitates quick disposal of tender at the evaluation stage.
To obviate the possibility of cartel formation (in case no. of bidders less than three),

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pre-bid discussion may also be held with bidders individually, preferably in a conference
call mode.
To obviate the possibility of cartel formation, it is also suggested for those NIT/Tender
Documents where the numbers of participating bidders are three or less, pre-bid
discussion may be held with bidders individually
The Bidder or his authorised representative to be invited to attend pre-bid conference
before submitting the offer as per time line stipulated elsewhere in W&P Manual at the
following address:
(Name & Address of the Owner)
Pre-bid conference for LTE (with QR only) may also be allowed at the discretion of
Tender Inviting Authority. If approved, the detailed programme on pre-bid conference
should be clearly mentioned in NIT/ Tender documents.
Any modification of basic technical specification/commercial terms and conditions of
the Bidding Documents as a result of Pre-bid conference in case of Limited Tender
Enquiry (with QR) will be circulated amongst the bidders through the record note of
Pre-bid conference by sending letter, Fax, e -mail.
The three members Tender opening Committee shall be constituted prior to
opening of bids.
III TENDER RECEIPT :
a) Off line Mode :
Tender box should be placed in the office of C&M department/TIA at a central, accessible,
secured location with a clear writing "Tender Box" on the face of the box. The box
should be locked and the keys should be kept with the C&M department or authorised
representative of TIA. Tender opening Committee should be present while opening the
tender box. In case of more than one tender has been floated with different opening
dates, the tender opening committee will take out those tenders which are scheduled
to be opened on that date and other bids received in respect of tenders which are
supposed to be closed on subsequent date should be kept in the tender box and lock
it properly.
Tenders in duplicate will be received by the authorised representative of Tender Inviting
Authority upto pre-determined time as mentioned in the tender enquiry on the date of
opening. Tenders received after the scheduled time and date, fixed for the purpose,
shall not be considered at all and also Tender Inviting Authority shall not take any
responsibility to accept any tender which are received late due to postal delay.
When tenders are intended to be submitted to the authorised representative of Tender
Inviting Authority in person, tenders sent by courier/Speed Post will be accepted and
acknowledged by the authorised representative of the Tender Inviting Authority
(the names & designation of at least two officers assigned for this purpose are to be
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mentioned in the bid document). Delayed tenders shall, however, not be acknowledged
and accepted.
b) Off-line/Online mode
However in case of poor response (less than three tenders/bids) the bid opening date
may be extended up to 14 days for one time with approval of TIA. In such circumstances
all the bidders will be suitably communicated through web site only about the extension
of down loading/selling period/submission. However, no further extension will be
considered beyond this period in case of poor response. This clause will be incorporated
in tender/bid document. However, TIA may allow the opening of the bid in view of
urgency or immediate requirement (to be given by user section/indenter) with proper
justification recorded in the file.
Tender submitted/uploaded after extension will be opened and finalisation thereof will
be done on its merit
IV TENDER OPENING:
Opening of tender through e-tender mode has already been discussed under
e-procurement/tendering. Off-line procedures are discussed below:-
i. The Contracts and Materials Deptt. of the Corporation in DVC Towers, Plant /Field
Formations shall form a tender opening committee, comprising of three officers. The
representation of Finance Deptt. will be compulsory in such tender opening committee
ii. Tender will be opened on the due date and time indicated in the NIT/Tender Document.
The authorized representatives of the bidders may remain present during tender opening.
iii. A tender opening register shall be maintained in the respective departments in a printed
format containing information mentioned above including the date of opening, extension
of date, if any, names, designation and signatures of all the persons present during
opening. The bidder's representatives who are present shall also sign endorsing their
attendance.
iv. Each tender to be numbered serially, initialled and the prices along with the important
terms and conditions like earnest money deposit, performance bank guarantee, integrity
pact (if applicable) discount, if any etc. should be encircled and initialled.
v. Alterations in tenders, if any, made by the bidders shall be initialled legibly to make it
perfectly clear that such alterations were present on the tenders at the time of opening.
vi. Wherever any erasing or cutting is notified in the tenders, the substituted words should
be encircled and initialled and the fact that such erasing/cutting of the original entry
was present on the tender at the time of opening be also recorded.
vii. After opening of the tender, the tender opening officer/committee should prepare an
"On the Spot, Statement" giving details of the quotations received and other particulars
like prices, taxes, duties and EMD etc. as read out during the opening of the tenders.
In case the tenderers / bidders fail to quote the rates in words or in figures, the omission
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should be recorded by the Officers opening the tender and in case the tenderers /
bidders failed to write the rates/price in words, the rate in words must be written and
authenticated by the members of the Tender Opening Committee.
viii. In 'Two part bid' where price bids are supposed to be submitted in a separate sealed
envelope by the tenderer, if any price component in full or in part is exposed and found
with its techno- commercial offers, these bid are to be out rightly rejected and will not
be considered as the submitted tender is not as per the terms of NIT. Price component
means "Basic Price".
ix. In case of "Two Part Bid" system, the price bid part of the tender should be kept
separately and all the envelopes containing the price bids must be signed not only by
the members of the tender opening committee but also by the tenderers' representatives,
present during the opening. Thereafter, all the envelopes containing the price bids
should be put in a bigger envelope and the same should be sealed, and duly signed
by the officers of the tender opening committee and tenderer’s/bidder’s representatives,
with name, designation and date.
The Bid opening date, as notified to the bidders through enquiry should be strictly
adhered to. However, in case of unforeseen circumstances or due to administrative
reasons, the bids are not opened on the due date, the same shall be opened on the
next working day at the same time without any further approval.
Tenders will not be opened on due date if the response is less than three, and in that
occasion the matter will normally be put up to Tender Inviting Authority for further
decision regarding extension.
Single tender is also to be opened by TOC.
V RECEIPT AND OPENING OF SINGLE STAGE BIDS:-
a) In the single Stage Bidding, the bidders shall be required to submit/upload their techno-
commercial proposals with prices and EMD/Bid Security/Bid Guarantee, along with QR
data and other information as stipulated in NIT/Tender Documents. Bids so received
shall be opened on the bid opening date in presence of the representatives of the
bidders who choose to attend the bid opening. Any late bid shall not be entertained by
the system.
b) Normally extension of time for downloading/submission of bids shall not be granted.
In the absence of adequate response (minimum three) within the time limit, TIA may
extend for downloading/submission of bids up to 14 days. However, no further extension
with regard to downloading/submission of bids will be given.
c) There shall be no scope for submission of supplementary price bid after bid opening
date. However revised price bid/ Original price bid/ discount if any, as submitted before
the bid opening date (techno-commercial part) will be considered. In case of submission
of more than one bid by any bidder before opening the bid the last submitted bid will
be considered for evaluation.
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d) On the tender opening day, the tender opening committee would open the 'A' envelope
to check the contents. If 'A' envelope (EMD, Cost of bid document & Integrity Pact) is
as per requirement, then the Techno-commercial part envelope 'B' would be opened.
e) Offers failing to comply the conditions of Envelope (A) will be rejected out rightly except
for single stage bidding with 1 (one) envelope.
f) Bidders should submit an undertaking that they have not taken any deviation other than
deviation taken in prescribed form of deviation sheet and cost of withdrawal has been
recorded in price bid and also undertake that any deviation elsewhere except above
will be withdrawn unconditionally without any price implication.
g) Bidders who have not complied all the terms & conditions of NIT/Tender Document and
taken deviation elsewhere than deviation sheet ,will be asked to withdraw unconditionally
the deviation without any price implication within the specific time frame failing which
their offers will not be considered for opening of price bids. This is to be mentioned in
NIT/Tender Documents.
h) Price Bids to be opened after acceptance/approval of Techno-commercial part by Tender
Inviting Authority based on the recommendation of Tender Committee, wherever
applicable, without further reference to Finance.
i) The date & time for opening the price part has to be intimated to the techno commercially
qualified bidders over web site. The price part of the bids would be opened at the
notified date & time by the tender opening committee. Authorised representative of
concerned bidder may attend the price bid openings. (except for tendering process
through e-reverse auction)
j) The price-part, i.e, Envelope 'C' or Envelope 'D' as the case may be would be opened
for the techno-commercially accepted bidders only based on their submitted information.
k) NIT/Bid Document can stipulate that a bidder can quote on firm price basis or variable
price basis (but not on both), to be mentioned specifically in NIT/Bid Document and
each such offer will be considered accordingly. As far as possible, contract should be
entered on "firm price basis", while contract on variable prices can be considered as
per prevailing practice or on the merit of such tender to be decided by TIA. As a general
principle, no offer involving any uncertain or indefinite liability or any condition of unusual
character should be considered.
l) Whenever offer on variable price is asked, the standard price variation formula along
with the base date should be clearly spelt out in the NIT documents by TIA.
VI PROCEDURE FOR PROCESSING THE TENDERS RECEIVED:
a) Any tender/enquiries related to purchase / works/ project package /turnkey project/
services/ AMC/ transportation/R&M etc, having estimated cost in excess of Rs. One
lakh (1,00,000/-) to be concluded through a Tender Committee. However, while exercising
power utilizing DFP (OE), the same to be exercised through Tender Committee if the
estimated cost exceeds Rs. 50,000/-.
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b) All such cases having estimated value less than or equal to the cut off value as indicated
above need not be finalised through TC even if the quoted/offered price of L-1/acceptable
bid exceeds the above said limits. However, reasonability of price is to be recorded as
per procedure of W&P Manual and acceptance is to be done as per DFP.
c) Estimated cost means basic price/rate without taxes, duties and freight for
procurement/services and with taxes for work wherever separation is not in practice
or pragmatic.
d) Constitution of QR & TC to be linked with estimated cost without taxes, duties, freight
etc or with tax as the case may be as stated above.
e) Any post award modification, in contract clause having financial implication in excess
of Rs. 100 lacs to be processed through TC. Excess quantity, extra item and variation
shall be dealt as per DFP and processing through TC is not required.
f) If the post contract modification involves financial implication less than Rs. 100 lacs,
the case to be processed by the dealing officer and secure approval of award authority
as per DFP after obtaining finance concurrence.
VII CONSTITUTION AND APPROVAL OF TENDER COMMITTEE:
A) The dealing officer/tender inviting authority in HQ, plant/field formations shall take initiation
to form the 3-member tender committee after floating of NIT and approved by respective
approving authority on case to case basis. The tender Committee will be formed and
approved by the respective Approving Authority prior to opening of the tender/ bid.
Tender Committee will be formed as follows.
Sl. Level of Level of TC Nomination of Approval of
No. Approval (TAA) committee TC committee TC Committee
At HQ Project At HQ At Project At HQ At Project
(1) (2) (3) (4) (5) (6) (7) (8)

1. EE/SDE M-1/M-2 M-1/M-2 M-2/M-3 M-2/M-3 M-3/M-4 M-3/M-4


2. SE M-3 M-3 M-4 M-4 M-5 M-5
3. Dy. CE M-4 M-4 M-5 M-5 M-6 M-6
4. Chief Engineer/ M-5 Head of M-6 M-6 M-7 M-7
Principal Chief Section /
Engineer M-5
5. Executive M-6 Head of M-7 M-7 M-7/ M-7/
Director Section / M-6 M-8 M-8
6. Member M-7 Head of M-8 M-7 Executive M-7/
Section / M-6 Director M-8
7. Chairman M-7/ Head of Executive M-7 Respective M-7 /
above Section / M-6 Director Member M-8
8. Board Executive Head of Respective M-7 Chairman M-7 /
Director Section / M-6 Member Above M-7
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NOTES :
1) The members of Tender Committee at appropriate level shall consist of one representative
each from Indenting, C&M department and Finance/Accounts Department. No separate
finance concurrence is required for such proposal which has been processed through
TC except proposal which requires to be approved at the level of Chairman/Board.
2) In case of approving authority being Board/Chairman/Members/Executive Directors in
respect of a proposal initiated from a project, such proposal is to be evaluated by the
level of committee as mentioned at column-4 at the respective project and to be sent
to concerned Executive Director, HQ along with the recommendation of project/
construction head for acceptance of the proposal. However, the proposal only to be
accepted by Member/Chairman/Board will be further evaluated by respective level of
committee as mentioned in column 3 at HQ before placing such proposal for approval.
3) All proposals for approval required at a level of Chairman/ Board shall be recommended
by Member concern with the concurrence of Member (Finance).
4) Where requisite level of officers is not posted/deployed, in that case one step below
level officers will be nominated in the committee.
5) Where requisite level of officers is not available for nomination of name in TC committee,
TIA may nominate the same.
6) In case of DFP (OE), TC will represented by as per table above depending upon the
designation of HOD/HOO. Where approving authority is M-1/ M-2 level officers as HOO,
TC can be represented by M-1 with the approval of M-2.
7) If the offer value of L-1 bidder changes the status of TAA to higher level than that of
originally contemplated based on Estimated Value, the level of TC will be changed and
approval for constitution of TC may please be obtained accordingly as per the table
given above. However, in case of changes TAA to lower level, same Tender Committee
will continue.
B) Standing level based Tender Committee is to be constituted at Project / Head
Quarters for finalisation of orders/contracts: Vide OM No. CMM/W&P Manual-
2012/2016-18/242 dated 21/06/2016.
(i) Tender Committee at ED level: ED(C&M) and ED (Finance) are fixed and
name of the concerned ED is to be obtained from the indenter alongwith the
indent file to constitute the Tender Committee.
(ii) Tender Committee at CE level: CMM / CE(C&M) & GM (Finance) are fixed
and name of the concerned CE is to be obtained from the ED of Indenter
alongwith the indent file to constitute the Tender Committee.
NOTES:
1. Standing Tender Committee at DCE & below level is not possible. As such,
CMM/Head, C&M will nominate the members in consultation with GM (Finance)
/Head of Finance and Head of Indenting section.
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2. CMM/Head, C&M will issue the order for Tender Committee with endorsement to
Head of Finance and Head of Indenting section on publication of NIT. There will
be no Scrutiny Committee. Tender Opening Committee members will be obtained
over phone from the respective departments by the C&M department and will be
recorded in the file.
3. Level of TC & TAA shall be guided by existing norms as mentioned in tabular form
above.
C) Meeting of QR Committee & Tender Committee: With a view to speedy disposal
of the case files, the QR Committee and Tender Committee meetings will be held
at least once in a week on fixed day and time to clear the files as fast as possible.
However, in exigencies committee meetings may be held more than once in a week
as would be notified by C&M Department through mail.
However, this will not be applicable where, tender evaluation by TC is exempted in
terms of W&P Manual.
VIII CONSIDERATION OF PURCHASE/WORK/SERVICE ORDER PROPOSAL:
Before recommending or taking decision on a contract proposal, the Tender Committee
are to scrutinize/ check the comparative/ranking statements of the offers prepared vis-
à-vis the tenders received so as to avoid the possibility of any mistake and examine
carefully the following aspects to ensure that the proposal:
1) Brings out the reliability of the firms whether they are registered with DGS&D/NSIC/,
and /or supplied/worked with Government Department/PSU/Reputed Companies etc.,
for the store as per the required specification, date on which they are registered and
if unregistered or not supplied/worked with as stated above their capacity/capability
based on the report furnished by technical authority, financial status, etc., as per the
departmental rules and regulations.
2) Price reasonability to be analyzed for acceptance of the offer by comparing it as per
the guideline stipulated in REASONABILITY OF PRICES.
3) Give due consideration to the delivery period/ completion schedule offered vis-à-vis
the requirement of the indenter/ proposer.
4) Analyses the past performance of the firm, if they have executed any orders or if they
are in the process of executing any contract(s).
5) While proposing a second order on a firm who has not started supplies/ works against
their earlier order, the total load on the firm should be kept in mind together with their
financial capability as well as the capacity of the firm.
6) Leads to placement of order on firm(s) who have agreed to abide by the Conditions
of Contract and Clauses of Tender Enquiry and that they have not stipulated any
abnormal conditions in their offer(s).

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7) Results in placement of order for the imported stores on F.O.B/F.A.S basis or other
basis as stipulated in NIT/Bid Document; for any departure, the proposal is to be
condoned by the concerned Executive Director.
8) Leads to placement of import order on Indian Agents enlisted with DGS&D under
Compulsory Enlistment of Indian Agents Scheme of Finance (as per GOI) and that the
amount of agent's commission, if any, agreed to between the foreign principals and the
Indian Agent is specifically disclosed and the Agency Commission is paid in Indian
rupees only.
9) Considers the possibility to secure supplies and after sales service, etc., on reasonable
terms, directly without the involvement of an agent.
IX SCOPE OF WORK OF TC:
a) Function of TC will commence from pre-bid meeting and after opening of tender if no
pre-bid meeting is there. The scope of work of TC should be to scrutinize/evaluate the
tenders received to find out whether these are complete in all respects and binding on
the tenderers. The committee will also check all the information related to credentials
& techno-commercial parameters as submitted by the bidders as per stipulation of
NIT/Tender Document. TC also record on the techno-commercial acceptability of the
offers and commercial terms to be frozen before opening of the price bid. The Tender
Committee should check and scrutinize the techno-commercial parameter
sheet/Comparative Statement and put their recommendation clearly on the purchase
proposal/ final proposal for works & procurement/services after assessing the price
reasonableness of the offer. Thereafter, the above proposal is to be placed before the
TAA for approval. The purchase order/work order will be placed (issued) after getting
the approval of Tender Accepting authority.
b) All the members of TC should furnish the certificate in the tender evaluation report that
none of them as any personal interest in any of the tenderers who have participated.
c) Tender Inviting Authority will monitor the time schedules of different activities for
finalization of tender/contract.
d) The following details/points are generally to be covered / taken care of while preparing
Final T.C. Recommendation for OTE/LTE /STE cases.
1) Scope of Procurement / Purchase Indent / Work/Services Proposal
l Scope of work for Works (Item rate/Turnkey/EPC/Lump Sum) Contract or Services
Contract.
l Approved cost estimate and basis of estimation, wherever available.
l Technical and administrative approval for Works/Procurement Contract.
l Status of Budget

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2) Details of Bid Document


l Delivery period/completion schedules.
l Qualifying requirements as per NIT.
l Important bidding conditions, if any, such as Price basis, Payment schedule, Any
other conditions specific to the package (copy of bid document and amendments,
if any, to be placed in the file /annexure).
3) Brief detail of bid/tender Invitation and Techno-Commercial Evaluation Part
l Nature of tender with reasons thereof.
l In case of OTE, details of NIT indicating date of publication in newspaper and website.
l Period for sale of bid documents.
l Number of agencies to whom bid documents were issued or downloaded from website.
l Date of last downloading/ sale closing of bid document and the extension, if any.
l Pre-bid conference, if any, indicating date, place and attendance.
l Minutes of meeting of pre-bid conference and resulting amendments/clarifications,
if any.
l Date and time of bid opening
l Date of Validity of Offer
l State total number of offers received and indicate late offer/offers without EMD, if any
l Discuss whether all the received offers have enclosed/uploaded/submitted
documentary evidence in support of qualifying requirements as mentioned/stipulated
in the NIT or Tender Document.
l Whether all the offers are in compliance in respect of technical specifications of bid
documents.
l Whether all the QR criteria, commercial terms & conditions as offered by the bidders
are NIT compliant.
l Whether any offer is accompanied by deviation schedule along with withdrawal
price confirmation.
l Detail of Offers rejected, if any, on technical grounds / not meeting specified
QR/Techno- Commercial Parameters or deviated offers without cost of withdrawal
price. The reasons for rejection shall be clearly mentioned

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l Number of techno-commercially accepted offers to be recorded.


4) Brief detail of Price Part
l Discuss preliminary examination of all technically accepted offers for arithmetical
errors, completeness of offer and corrected bid price as stipulated in NIT/Tender
Document.
l Table showing all adjustments, withdrawal prices, arithmetical corrections and
ranking of the bidders Identification of L-1 bidder as per bid evaluation process
stipulated in NIT/ Bid document.
5) Price evaluation & discussions on offers.
l Price to be evaluated of offers as per bid evaluation procedure stipulated in
NIT/Tender Document and/or as per "REASONABILITY OF PRICES" of W&P
manual.
l Determination & Assessment of price reasonableness of the lowest evaluated
responsive bidder offer as stipulated in "REASONABILITY OF PRICES" of W&P
manual.
l Proposal for price negotiation with L1 bidder, if required, along with the basis for
Price Negotiation and bench mark price for negotiation.
6) Final Recommendation
Based on above, a comprehensive tender committee MOM is to be prepared.
The recommendation for acceptance/rejection shall be clearly spelt in the final
report of TC before placement to TAA for acceptance. The TC shall not place the
report to TAA for part acceptance. In case of recommendation for rejection the
TC shall record the reasons for rejection.
X EVALUATION PROCESS (ON LINE):-
1) The evaluation criteria shall be clearly defined in the tender documents and each of
the bids shall be examined by the Tender committee as per the defined evaluation
criteria only The following aspects shall be taken care of at the time of evaluation:
a) Qualifying Requirements,
b) Capacity and Capability,
c) Compliance to technical requirements,
d) Bill of Quantities/Price Schedule,
e) Assignment of Contract and
f) Other Technical and Commercial aspects/deviations.
2) On the pre-scheduled date and time of tender opening, the received Techno Commercial
bids (Cover-I) will be decrypted on-line and will be opened by the 3 member Tender
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opening committee constituted with one member from Indenting department, C&M
Department & Finance department with their Digital Signature Certificates. All the
members of the said committee should have both signing and encryption certificate.
This clause may change as per the requirement of statutory or Service Provider
Guideline. The Techno Commercial bid may be opened on the date and time of
submission of bid on the pre-scheduled date or otherwise.
3) In case the cost of tender document, EMD and other document as specified in NIT/Bid
Document are not received within the aforesaid period, the bid will not be opened or
out rightly rejected.
4) The bidder will furnish all the information as sought on-line regarding cost of tender
document and EMD besides submission of Hard Copy as stipulated above will be
mandatory in all OTE cases. In case of exemption of EMD applicable for any bidder,
the scanned copy of document in support of exemption will have to be uploaded by the
bidder besides submission of Hard Copy before opening the tender as stipulated above.
(Documentary evidence means document like valid registration certificate from appropriate
government authority giving details such as quantum of exemption, bid threshold value,
validity, stores etc.).
5) After opening of the techno-commercial bid, the acceptance of cost of tender document
and EMD by Tender Opening Committee will be entered on-line as required by the
system. Evaluation sheets generated by the system on-line shall be downloaded during
opening of Part-I and shall be placed before the Tender Committee for authentication.
6) After opening of Part I (cost of tender document, Integrity Certificate as applicable &
EMD), the Tender Opening Committee will validate the receipt of said documents based
on the information furnished by the bidders online and their submitted instruments and
the scanned copy of document in support of exemption of EMD, if any. If the information
furnished by bidder online are in agreement with the submitted instruments then the
bidder will be evaluated as eligible for next step. The qualification in Techno commercial
bid will be subject to the receipt and acceptance of the above stipulated documents.
7) The e-Procurement System will evaluate the Techno Commercial bids automatically
with least human intervention. For this purpose all the required parameters/information
will be obtained from the Bidders in an objective and structured manner.
8) The bidder/s will also submit an affidavit as per Annexure (original as per Annexure),
on a non-judicial stamp paper of Rs.10 regarding genuineness of the information
furnished by him/them online and authenticity of the documents being produced by
him/them.
9) Bidders will not be required to upload scanned copy of any document or to submit hard
copy of any document for the techno-commercial evaluation process except the scanned
copy of Letter of Bid, affidavit as mentioned above, cost of tender document, EMD,
document in support of exemption of EMD (if applicable), Integrity Pact Certificate
(wherever applicable), excel sheet for technical/price bid/techno-commercial evaluation
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besides submission of Hard Copy of cost of document, Integrity Pact Certificate (wherever
applicable) and EMD before opening the tender. The information furnished by the
bidders on-line along with on-line undertaking with Digital Signature Certificate in support
of the authenticity of the facts, figures, information and documents furnished by them
online will be accepted for the Techno-commercial evaluation of the bids.
10) All the Commercial terms and conditions of contract like Delivery Schedule, Payment
Terms, Price Fall/Variation Clause, Liquidated Damage Clause, Basis of Pricing
(FOR/FOB Terms or other INCOTERMS in respect of Export/Import Contracts), Risk
Purchase Clause, Guarantee/Warranty Conditions, Performance Guarantee Clause
and Inspection Clause etc. will be specifically mentioned in the NIT/Bid (tender)
document. The bidder has to accept those terms and conditions unconditionally in order
to participate in the tender which are to be stipulated as mandatory condition of NIT/
Bid (tender) document.
11) The bidders will download this Techno-Commercial Parameter Sheet and will furnish
their values against each specification parameter and will upload the same Excel file
during submission of bid. Based on the evaluation criteria indicated in the Technical
Parameter Excel Sheet, the technical (techno-commercial) evaluation of the bid will be
done by the system with least human intervention and the compliance report will be
displayed to the bidders on-line. Any item may have any number of specification
parameters and any indent may have any number of items but the technical specification
parameters have to be brought out essentially in the above format. The technical
specification parameters to be mentioned in the Technical Parameter sheet shall contain
only those specification parameters, compliance of which are mandatory in nature for
the purpose of procurement and non-compliance of which are not acceptable. Non-
compliance of any one specification parameter of any item will disqualify the bidder in
that item.
12) The Techno-Commercial evaluation of Tenders will be done on-line by the software as
per respective Evaluation Criteria specified in the Technical (Techno-Commercial)
Evaluation Excel File specially designed for obtaining specific information from the
bidders and evaluating the same in a transparent manner so that Bidders will be able
to know, whether they comply to the Techno-Commercial parameters of the NIT/ Bid
(tender) document.
13) The participating bidders may view the opening of the Techno-Commercial bids remotely
on-line.
XI EVALUATION PROCESS (OFF LINE):-
1) Each of the bids shall be examined by the tender committee at appropriate level for
following aspects such as:
(a) Qualifying Requirements,
(b) Bill of Quantities/Price Schedule,

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(c) Capacity and Capability,


(d) Assignment of Contract,
(e) Compliance to technical requirements and
(f) Other Technical and Commercial aspects/deviations.
2) On the pre-scheduled date and time of tender opening, the received Techno-Commercial
bids will be opened by the Tender opening committee.
3) For evaluation of Techno-Commercial bids, all the required parameters will be obtained
from the Bidders in an objective and structured manner. Bidders will not be required
to submit hard copy of any document for the evaluation process except the EMD, cost
of tender documents, Letter of Bid, Affidavit by bidder(s), document in support of
exemption of tender cost and EMD for Technical/Techno-Commercial Evaluation. The
information furnished by the bidders off-line in support of the authenticity of the facts,
figures, information and documents furnished by them will be accepted for the evaluation
of the bids.
4) All the Commercial terms and conditions of contract like Delivery Schedule, Payment
Terms, Price Fall/Variation Clause (wherever applicable), Liquidated Damage Clause,
Basis of Pricing FOR/FOB Terms other INCOTERMS in respect of Export/Import
Contracts), Risk Purchase Clause, Guarantee/Warranty Conditions, Performance
Guarantee Clause, Inspection Clause etc. will be specifically mentioned in the NIT. The
bidder has to accept those terms and conditions unconditionally in order to participate
in the tender otherwise cost of deviation to be mentioned in specified Form except
essential clauses as stipulated in NIT.
5) The bidders will furnish their values against each specification in QR/Technical Commercial
Parameter Sheet and will submit during submission of bid. Based on the evaluation
criteria indicated in the QR/Techno-Commercial Parameter in Excel Sheet, the Technical
/Techno-Commercial evaluation of the bid will be done by dealing officer and will prepare
the summary sheet based on the excel sheet submitted by the bidder and same to be
placed before TC for evaluation.
6) The Tender Committee will validate offline evaluation based on the information furnished
by bidder off-line.
7) The off-line evaluation sheet shall be authenticated by Tender Committee and shall be
kept in the file.
XII EVALUATION PROCESS (COMMON TO ON LINE/OFF LINE)
1) The first step in examination of bids shall be to ascertain whether the bidders, who have
submitted a substantially responsive bid, generally meet the Qualifying Requirements.
The Tender Committee shall examine all the relevant information in respect of QR of all
the bidders and identify the clarifications or additional data, if any, which may be required
from a bidder(s) so as to ascertain the bidder(s) QR compliance status. Approval of TIA
(wherever required) is required for seeking techno-commercial clarifications and additional
data from participating bidders in respect of QR and bringing out the following details:
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(i) Bidders who are not found to meet QR.


(ii) Bidders, from whom clarifications and additional data are required, so as to ascertain
their QR compliance status.
2) Bids from those bidders who are not found to meet the QR shall not be considered
further.
3) Further clarification and additional data shall be sought from the bidders identified under
(ii) above and shall be allowed specific time period as deemed reasonable by the Tender
Committee to submit the same with the approval of TIA, wherever required. If a bidder
fails to furnish the required details within the aforesaid period, it shall be deemed that
he has nothing more to supplement the data already furnished in his bid and its bid
should be evaluated with the data/information already submitted/uploaded.
4) Based on the clarifications and additional data furnished by the bidders, the QR/NIT
compliance status of the bidders shall be further examined and the Tender Committee
shall put up a note identifying the following:
(i) Bidders who are observed to generally meet the qualifying requirements and techno-
commercial specifications.
(ii) Bidders who are not found to meet QR.
5) Bids of those bidders who are not found to meet the QR shall not be considered further.
6) If some basic/statutory information are missing from an offer, for example, list of plant
and machinery, details of NSIC registration, copies of statutory license from competent
authority / EPF Code etc., the Dealing Officer may make a reference to the firm seeking
further information provided soliciting of such information does not amount to revision
of the offer. Such references and clarifications must be made quickly with a target date
for reply so that finalisation of the tender is not delayed. For making such references
or accepting a clarification from the firms for such details, the Dealing Officer does not
require approval from any superior authority or any recommendation of TC.
7) However, the following tenders/bids may be rejected outrightly:
a) Tenders received after the due date and time of tender opening (late tenders)
b) An unsolicited offer, i.e, offers from tenderer other than those asked to quote against
LT/ST.
c) Offers received subsequently after original offer through open tendering / LT / ST.
d) It is in the form of Fax/Telex/Telegram/e-mail. However scan copy of offer (non-
editable) through e-mail in case of OEM/OES/PAC/Single Source approved may
be accepted in case of urgency/immediate requirement, to be certified by indenter/user
section. In this case scan copy of NIT/Enquiry (non-editable) should be sent by
DVC through e-mail clearly stating the e-mail address on which the scan copy of
offer is to be sent and the e-mail used by bidder for sending the scan copy of offer

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should be official e-mail of bidder. However, original offer should be obtained at the
time of execution of an agreement.
e) It is from stockist (s) or agent(s) without indicating details of the manufacturer whose
products are offered or without price list of the manufacturer with date and signature.
However, Tender Enquiry redirected by the manufacturer to his authorized
distributor/dealer may be given cognizance provided necessary supporting documents
(like up-to-date pricelist published by the manufacturer, manufacturer's guarantee
for quality, delivery time etc.) is enclosed with the offer.
f) It is from agents without proper authorization from the manufacturer.
g) It is from agents quoting for imported stores but they are not enlisted with DGS&D;
h) It is not accompanied with Earnest Money in case the firm responding is not
registered with valid NSIC;
i) It is ambiguous with regard to any of the essentials, i.e., the items being offered,
prices quoted, and the period of delivery;
j) Tender samples as required in the enquiry conditions have not been submitted by
the due date
k) In case of the price (Basic Price) component is exposed other than in the price part
8) The Tender Committee recommendation based on evaluation will be made for opening
of Price bid of eligible bidders. The said recommendation will require approval of the
TIA, wherever required. The summary of technical/techno-commercial evaluation with
the names of eligible bidders and the brief reasons for disqualification of unsuccessful
bidders (if any) along with the date of Price- bid opening will be uploaded/ communicated
to bidder(s).
9) The TIA approval for seeking clarification/additional data as mentioned in this clause,
technical/techno-commercial acceptance of bid is not required where the same is
recommended by higher level Tender Committee i.e. above the level of TIA or TIA is
one of the member of recommending authority. But TIA may take initiative for further
action towards hosting of pre-bid conference report/clarification/amendments and
opening of price bid.
10) Date of Price-bid opening shall be kept at least one day after the date of uploading/
communicated of the summary of technical/techno-commercial evaluation.
11) The Price bid of the successful bidders (qualified in Techno commercial bid) will be
opened on the scheduled date and after the pre-scheduled time by the Tender opening
committee. The Bidders may view the price bid opening online remotely or in case of
off-line, bidders will be allowed to present at the time of opening of price bid.
12) After opening of Price-bid, the Comparative Statement of Prices indicating the rates
quoted by all the bidders and selection of L-1 [depending on evaluation procedure as
stipulated in NIT/Tender (bid) document] rank will be generated by the system which
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will be visible to all the participating bidders on-line. If such selection of L-1 bidder is
not possible/feasible by the system in case of complex/EPC Contract or other contract,
the selection/identification of L-1 bidder in such case is to be prepared by C&M
Department/Technical/Contract cell as per evaluation procedure stipulated in NIT/Tender
(bid) document and the TIA is to record such reasons in writing in the file.
13) Accordingly, the Comparative statement manually prepared by the dealing officer or
downloaded system generated Comparative Statement will be vetted and signed by
the Tender Committee.
14) The Comparative statement manually prepared by the dealing officer (Off-line) or
downloaded system generated Comparative Statement will be vetted and signed by
the Tender Committee.
XIII VERIFICATION OF DOCUMENTS:
1) L1 Bidder/s for each item will have to produce the documents (original/self-authenticated
and attested by Public Notary), as specified in the NIT, in support of the information
furnished by him/them on-line, for verification by Tender Committee on any working
day within stipulated time line as mentioned in Section IX from the date as communicated
by DVC. However, the process of finalisation of L1 Bidder is to be done within stipulated
time line from the date of opening of price bid. No additional time will be allowed to the
bidder for producing the required documents.
2) In case the L1 bidder for any item fails to produce the documents within the specified
period or if any of the information furnished by L1 bidder on-line is found to be false
by the Tender Committee during verification of documents, which changes the eligibility
status of the bidder, the following action is to be taken.
"The defaulting such L1 bidder will be liable with forfeiture of EMD with caution letter
to refrain in future and in event of 2nd instances EMD will be forfeited and banning of
L1 bidder for one year from participating in future tenders."
3) The Tender Committee will recommend for acceptance of tender (offer)/ placement
(issue) of Purchase/Work Order to the successful bidder/s after evaluating their technical
eligibility based on the computer generated evaluation sheets / manual comparative
statement followed by verification of the documents as per the procedure mentioned
above and after evaluation of the reasonableness of L-1 rates so determined. The
reasonableness of rates will be evaluated as per the provisions of Works & Purchase
Manual of DVC and other guidelines issued from time to time. The approval for
acceptance of Offer/issue of Purchase/Work Order to L-1 bidder/s will be accorded by
the competent authority as per Delegation of Power based on the TC recommendation,
wherever applicable.
4) After obtaining the approval of competent authority on tender committee recommendation,
the Work Order/LOA/NOA/Letter of Award/LOI-cum- Work Order/Purchase order to the
successful bidder(s) will be issued and the scanned copy of the Purchase Order will

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be uploaded on the e-Procurement portal and/or the original copy will be sent to the
bidder(s) through registered/speed post.
5) The EMD of unsuccessful bidder(s) will be refunded through e-Payment or other mode
after finalization of tender.
6) The system will preserve the details of Techno Commercial bid and Price bid in the
archives for auditing purposes and the same can be accessed with special authorization.
In case of off-line, file will be kept with the dealing officer for any future reference.
7) Power is delegated by the Corporation to condone / waive LD & SD Clauses to the
Tender Accepting Authority as per Delegation of Financial Power and to the Chairman,
in case Board is the Tender Accepting Authority, in respect of the following contracts
to be awarded -
i) Against Single Tender Enquiry on OEM / OES / PAC basis/Single source
Standardisation.
ii) For Consultancy /Survey/ Investigation / Study / Testing review etc. against Single
Tender Enquiry / Nomination basis on Govt. agencies including PSUs and Education
/ Research Institution.
iii) For procurement of oil (LDO, FO & HSD).
8) TAA (Not Below CEs)/Sr. CEs/PCE are hereby delegated the Power for approval of
deviation from NIT Clauses (other than SD/LD Clauses) like Warranty / Guarantee,
Terms of Payment etc. for above mentioned cases after recording justification for the
same.
9) In case of techno-commercial compliance bid based on the information submitted by
the bidder is three or less than three, verification of documents of all the bidders will
be done before opening the price bid of techno-commercially acceptable offer.
XIV BID EVALUATION PROCEDURE (Price Part):
a) Offered bids from any manufacturer will be evaluated in the following methodology. Bids
from other than manufacturer to be evaluated by deleting the respective components which
are not applicable to them, namely, ED, Education Cess/Other Cess, P&F charges etc.
1) Original Basic Price : Ex-Works Price (Rs.) = Rs ….
(+)
(2) Packing & forwarding charges, if any : ……% on basic price only
(+)
(3) Excise Duty : ……% on (Basic Price + P & F)
(+)
(4) Education Cess : …… % on ED
(+)
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(5) Sales Tax/VAT : .......% on (Basic Price + P & F + E.D.+ Cess )


(+)
(6) Freight : …….% on ( Basic Price + P&F ) or any lump
sum value
(In case the bidder fails to quote any value, ____the bid evaluation will be done
on the basis of highest quoted freight charges by the other bidders.)
(+)
(7) Insurance : ……..% on (Basic Price + P & F + E.D. + Cess + S.T.) or any other
value against documentary evidence or actual premium in case of DVC's Mega
Risk Policy (presently it is 0.023% of basic price).
(+)
(8) Cost of withdrawal price : As declared by the bidder in Annexure-D
for declared deviation with the Price bid
(+)
(9) Highest quoted price of other bidders, in case the Bidder fails to quote the Mandatory
items alongwith taxes & duties or description of item not as per our specification *
(+)
(10) Type test charge/3rd Party Inspection Charge as per our QAP with applicable
taxes and duties, if any *
(+)
(11)Loss capitalization charges, if any*
(+)
(12) Any Other taxes and duties, such as TOT, Entry Tax, Municipal Tax etc. as applicable
**
Total Evaluated Price = Total of item (1) to (12)
b) In case of independent items, evaluation is to be made item-wise and to be clearly spelt
out in NIT under the evaluation process.
c) The liability of DVC shall be as per actual ED and E-Cess as applicable at the time of
despatch, subject to production of documentary evidence by the manufacturer (bidder).
Further the rate of ED shall be restricted to as applicable within the contractual delivery
period only. Increase in ED rate, if any due to delay in supply beyond the contractual
delivery period shall not be payable by DVC if the reasons for delay is attributable to
the vendor only. However, the benefit of any decreases in ED shall be passed on to
DVC.

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d) The Tenders with any condition shall normally be rejected. However, Tenders with
conditional rebates/discounts may be considered, but evaluation will be done without
taking into account the conditional rebate/discount for the purpose of evaluation of the
bid price. Tender Committee should specifically draw the attention of TAA to such
conditional rebate/discount and to the fact that the evaluated cost of the Tenders is
without considering such rebates/discounts.. If such bidder remains L1 even without
considering the conditions put by them, the conditional rebate/discount can be accepted
only after acceptance/approval of such conditions by TAA. In case TAA is Board/
Chairman, approval of concerned member will be obtained.
e) Tenders with unconditional rebate can be accepted.
f) For tenders with lot of components/items, if any bidder fails to quote against a particular
component/item or when the quoted item description is not as per NIT, the respective
bid will be evaluated by loading the highest quoted price of that particular component/item
of other eligible bidders. However order to be placed on rate negotiation of the subject
item with L-1 bidder.
g) If any bidder offers lesser quantity than the BOQ as stipulated in NIT against a particular
component / item, the respective bid will be evaluated by loading on pro-rata basis.
h) However their capacity to perform the Order/Ensuing Contract by the bidder(s) in above
two cases would have to be evaluated for satisfactory performance.
i) The lines with * mark may be deleted wherever not applicable.
j) ** = {Rate as on date of bid opening to be taken}.However, any subsequent extra liability
over the quoted amount will be borne by agency. The same shall be suitably incorporated
in NIT.
k) For manufactured items/goods, bidder may be asked to quote their rates in an explicit
way i.e. break up of prices in the form of Ex-works, applicable taxes and duties, F&I
Charges, applicable taxes and duties etc. F&I Charges are to be paid against documentary
evidence only. However, for bought-out items, bidder may be asked to quote all-inclusive
FOR Destination Price only.
l) If a tenderer is exempted from payment of excise duty ED upto any value of supplies,
or is entitled to concessional rate/quantum of ED, and has not stated that no ED will
be charged by him upto the limit of exemption and has not indicated the concessional
rate/quantum of ED leviable in respect of the tendered supplies but has made stipulation
like, excise duty presently not applicable, but the same will be charged, if it becomes
leviable later on, the quoted price should be loaded with the quantum of excise duty
with education cess which is applicable on the item as on the date of bid opening for
the purpose of bid ranking.
m) In respect of imported stores, when foreign bids are received in different currencies,
conversion of foreign currency into rupees is to be done taking into account T.T selling
rate of State Bank of India on the date of opening of price bid.
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n) In respect of Works/services contract, applicable service Tax with Education Cess (if
any), Building and other Construction Worker Welfare Cess (BOCW) Cess etc. to be
loaded for evaluation of bids, if not specifically mentioned the same in the offer.
This evaluation method is an illustrative method of evaluation covering comprehensive
scope of work/supply/services. TIA should incorporate the specific evaluation procedure
applicable to that particular tender in NIT/Tender Document depending upon the type
of package/tender
NIT/Tender Document should be specific about the bid evaluation method.
XV COMPARATIVE STATEMENT PREPARATION:
a) After the price parts have been opened, concerned dealing Officer of C&M department
will prepare a comparative statement in standard form as devised for the purpose in
the off-line mode or where generation of comparative statement online is not
possible/feasible by the system as per stipulated parameters of NIT/bid document. All
the necessary relevant details concerning the offers, such as, rates, make, delivery,
Quantity offered, together with any other information relevant to the decision of the
indenter should be extracted and neatly entered in the comparative statement.
b) The bids shall also be checked for computational error, if any, to arrive at the computed
price, as per provisions of bidding documents. Arithmetical errors will be rectified on
the following basis:
i) In case of discrepancy between the original and copies of bid, the original bid will
be considered correct.
ii) If there is a discrepancy between the unit price and the total price, which is obtained
by multiplying the unit price and quantity of any item, or between sub-total and the
total price, the unit or sub-total price shall prevail, and the total price shall be
corrected. In such circumstances the corrected price will prevail irrespective of
whatever is written in words.
ii) If there is a discrepancy between words and figures only, the amount in words will
prevail. If there is a mistake in summation, the corrected sum will be considered
for all purpose.
iii) If there is a discrepancy between the quantity specified by DVC in the bidding
document and that indicated by the bidder in his bid, the former shall be taken to
arrive at the computed price.
iv) In case the unit rate of an item is not quoted but the total price is indicated, the
same shall be taken to arrive at the computed price. The computed price arrived
at, as above, shall be considered for the purpose of award also. If the bidder does
not accept the correction of errors, its bid will be rejected.
v) In case there is a mismatch in the quantity & unit between EXCEL sheet (Price
part) and scope of work/ Technical specifications then the details of EXCEL sheet
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will prevail and evaluation shall be done on the basis of EXCEL sheet.
(This clause shall be mentioned against evaluation criteria of NIT document))
XVI RANKING STATEMENT:
In addition to the Comparative Statement, a comprehensive Ranking statement should
be prepared in the ascending order of the prices quoted, in all cases where two or more
than two offers have been received. The Ranking statement should be prepared on the
basis of the total evaluated price.
XVII REASONABILITY OF PRICES:
1) The Tender Committee has to assess the reasonableness of rates of the offers. The
Tenders with any condition shall normally be rejected. Such Tenders are to be dealt
with as per the stipulated procedure of bid evaluation elaborated under Bid Evaluation
Procedure (Price Part).
2) Total amount quoted by valid Tenderer should be compared with the estimated cost
put to Tender duly enhanced by latest cost index, if available, and in absence of related
cost indices or cost indices for the period under consideration, inflation @ 6% p.a. or
part there off may be considered during the period of preparation of estimate to opening
of the price bid.
3) There is no need for preparing justification statement, in case the offered price of lowest
bidder is less than the enhanced estimated cost under sl.No.1 plus (+) 10% thereoff.
However, for the acceptance of Tender, remaining provision of Works & Purchase,
Manual shall apply.
or
Reasonability of the rate of Tenders is to be seen and commented upon by the TC. The
market/justified rate has to be arrived by TC for this purpose taking into consideration
the prevailing market rate based on RBI/ Govt./PSU data. While assessing the
reasonability of offered price/rates, Tender of similar nature of Works placed within
about last 3 months may also be referred to assess the prevailing market rate. Similar
works shall mean similar in nature, quantum, specification and location in the near
vicinity. Variation over market/justified rate upto +5% in total amount can be ignored.
However, in case of urgency, if certified by the user/indenting section, variation upto
10% of revised market cost as above may be allowed for recorded reason.
4) Tenders above the limit of 10% of revised market cost under Sl.No.2 & 3 above, rate
should be approved as per provision of DFP.
5) Negotiated prices also may be examined in a similar way. Justifications while making
recommendation to accept higher prices shall be recorded.
XVIII LACK OF COMPETITION:
Lack of competition exists if the following factors intervene:

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1) The number of techno- commercially acceptable offers is less than three.


2) Ring prices have been quoted by all the tenderers (cartel formation);
3) The product of only one manufacturer has been offered by all the tenderers irrespective
of the number of quotations even if the NIT/Enquiry has been floated with an option
of multiple manufacturer;
In case it is observed that there is lack of competition for a particular tender enquiry,
the action may be taken for re-tendering for poor response, and if required may revisit
the qualifying requirement and/or repackage the proposed work/procurement. However
TIA may permit opening of the price bid in case of urgency/immediate requirement (to
be given by user section/indenter) and same to be recorded in file.
XIX POST TENDER NEGOTIATIONS:
1) Approval from tender inviting authority will be required in post-bid negotiation with bidder
for seeking techno-commercial clarification (having no financial implication) and additional
data/clarification from the participating bidders when the price bids are yet to be opened
as per the procedure elaborated elsewhere in this manual.
2) Negotiations, after opening of tenders, should normally be discouraged. Negotiations
vitiate the sanctity of the tendering system and reduce the credibility of the organisation.
Quality becomes the casualty. Unless some definite evidence is forthcoming to show
that the prices/rates received are unreasonably high, negotiations should not be resorted
to at all.
3) In general, there should not be any price negotiations. Price negotiations if at all shall
be an exception and only in the case of proprietary items or in the case of items with
limited source of supply or in cases where TC so recommends. Counter offers tantamount
to negotiations and should be treated at par with negotiation.
4) Negotiations can be recommended by Tender Committee in exceptional circumstances
only after due application of mind and recording valid, logical reasons justifying
negotiations.
5) In case of inability to obtain the desired results by way of reduction in rates and
negotiations prove infructuous; satisfactory explanations are required to be recorded
by the committee who recommended the negotiations.
6) The tender committee shall be responsible for lack of application of mind in case its
negotiations have only unnecessarily delayed the award of works/contract. In case of
L1 backing out, there should be retendering.
7) In the above backdrop, price negotiation with L1 bidder can be taken up with the
approval of one step superior than the Tender Inviting Authority. If the tender inviting
authority is CMM/CE(C&M)/Plant Chief/Sr. CE/CE/HOD approval for price negotiation
with L1 bidder may be obtained from them without going to one step superior. However,
said approval for holding negotiation is not required where the same is decided by
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higher level Tender Committee (consisting of CE level and above). But TIA may take
further action for arranging and facilitating Negotiation meeting.
8) In all cases negotiation will be conducted by respective level based TC.
XX EXTENSION OF VALIDITY OF OFFERS:
1) All efforts should be made to ensure that the contract finalization decision is taken as
early as possible and within the original validity period of the tenders. The tendency
to request the tenderers to extend the period of validity of offers should be avoided.
This is of considerable importance, for, apart from the delay which would invariably
occur in covering the demand, and thereby cause delay in the receipt of stores by the
consignee/ delay in completing a specific work, there is also a risk of the firms refusing
to accede to the request for extension or the firm withdrawing the offers, or extending
the offer with revised rates, all of which might lead to avoidable expenditure.
2) In cases where seeking extension of the offers becomes inevitable, action should be
taken up 8 to10 days in advance of the expiry of offers and the letter asking for extension
should be issued to all the firms at least one week in advance with approval of TIA.
3) Tenderers whose quotations cannot be considered otherwise for obvious reasons such
as unsatisfactory capacity report, late / delayed tender / technically/techno-commercially
rejected, should not be requested for extension of their offers.
4) However, after opening of Price Bid and identification of L-1 bidder by TC, the extension
is to be sought from L-1 bidder only.
5) The letter seeking extension of offer should be issued under Postal Certificate/Speed
Post in order to avoid any complaints from the firms that they have not received such
letters. For this purpose, the acknowledgement of letters sent under Postal
Certificate/Speed Post should be placed in the relevant case file. Fax/E-mail can also
be used for this purpose and relevant documents be placed in the file.
6) While submitting the purchase proposals / works proposal, it is essential that the date
upto which the offers are open/have been extended should be indicated clearly in the
purchase proposals / works proposal so that the final decision on the purchase proposals/
works proposal is taken at the appropriate level within the validity period. In cases,
where the offers have been extended due to inescapable reasons, the fact must clearly
be stated in the purchase proposal/works proposal as under:
"Original validity period of tender expired on………….Tenderers requested to extend
the offers upto……………This is first extension, second extension, third extension etc."
7) When purchase proposals / works proposal are submitted after extension of offers, it
should be mentioned therein that such and such firms have not agreed to extend the
offers and have not been taken into consideration, such and such firms have agreed
to the extension proposed and confirmations from such and such firms are yet to be
received.

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XXI OFFERS WITH SHORTER VALIDITY:


An offer whose validity is shorter than the validity period asked in the NIT and when
price bids are yet to be opened, bidder may be persuaded to accept the NIT stipulation
in this regard. In case of non-compliance even after persuasion, bid may be considered
valid at the discretion of TIA.
XXII POST TENDER REVISION / REVISED PRICE BIDS /SUPPLEMENTARY PRICE
BIDS:
Post tender revision will not be entertained in general.
Invitation of Revised Price Bids, if found necessary by TIA, can be exercised for 2-part
tendering only when original price bids are yet to be opened. However, invitation of
supplementary price bids for items/components of a package (for which none of the
techno-commercially accepted bidders quoted for this in the original offer) may be
considered. The Tender Committee should record/recommend the circumstances
leading to such invitation of Revised Price Bids/ Supplementary price bids. Thereafter
the same has to be approved by Tender Inviting Authority. Once approved by the Tender
Inviting Authority, this option has to be extended to all the techno- commercially accepted
bidders only.
Moreover, the firms whose techno-commercial bids have been evaluated, keeping their
price bids in sealed condition, but found not to meet qualification criterion/NIT terms
& conditions are to be intimated for rejection of bids along with the return of the unopened
price bid (off line mode).
XXIII TENDERS FROM AGENTS OF INDIAN MANUFACTURERS:
The consideration of tenders from authorized agents/distributors/dealers of Indian
manufacturers will be governed by the following guidelines:
a) If the tender is made by an authorized agent / distributor/dealer who is not registered
with DVC, the dealing Officer would see whether he has furnished the following
documents.
i) An authenticated copy of the written agreement between the manufacturer and the firm
by which the latter has been appointed as authorized agent/distributor/dealer.
ii) An undertaking from both the manufacturer and the tendering firm (Agent/ Distributor/
Dealer).
For the same tender, both manufacturer and Agent/Distributor/Dealer cannot take part
simultaneously. However, the authorized Agent/Distributor/Dealer can represent for
products of other manufacturer.
b) When considering the offers from authorized agents, care must be taken to examine
the agency agreement, particularly with regard to:
i) The period for which the authorized agent is appointed.

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ii) The agent have the authority to enter into agreements and to sign contracts for supply
of stores/equipment/product on behalf of the manufacturers.
iii) Similar exercise has to be done for distributorship/dealership for supply of
stores/equipment/product on behalf of the manufacturers as mentioned above in serial
i) and ii).
c) In case where the manufacturing firm happens to have been banned / suspended by
DVC/ PSU/ Government Body/ Department/ Nodal Ministry of DVC, the offer of the
authorised agent/distributor/dealer shall not be considered.
XXIV DELIVERY PERIOD CONSIDERATION:
No weightage should be given for early delivery of goods/early completion of works
than that mentioned in the NIT/Tender Document. In case any bidder offers belated
delivery/ completion schedule for 2-part bid, there may be option to pursue the bidder
to match the delivery clause/ completion schedule of NIT, provided same has not been
declared in deviation schedule by the bidder. Date of delivery is to be reckoned as the
date of receipt of materials/goods by the consignee. However In case of ex- works
basis, the delivery date will be considered as per date of date of consignment note.
CHECKLIST TO BE SENT BY TENDER COMMITTEE TO TAA
1. Indent for spares & consumables has approval of competent Yes/No/NA
authority as per relevant DFP provision/MANUAL
2. Indent for Capital item accompanied by a copy of updated Yes/No/NA
sanction order.
3. Indent is placed in prescribed Form with all columns duly filled in. Yes/No/NA
4. Budget provision indicating specific head of expenditure in the
year of effecting delivery is confirmed. Yes/No/NA
5. P.A.C./O.E.S or O.E.M/source standardisation certificate is Yes/No/NA
furnished by competent indenting authority for single
tender procurement.
6. B.U.S. concurrent with the indent containing information on last Yes/No/NA
3 years consumption, stock position, pending indent & P.O. and
rate & source of last purchase with P.O. reference, is furnished.
7. Initial or first time procurement against replacement of spares & Yes/No/NA
capital item should not be stated as 'New Item' unless it was
never put to use.

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8. Ordering quantity fixed in excess of average annual consumption Yes/No/NA


with due weight age on stock position, indent and P.O. in live and
procurement lead time is as per justification furnished by I.O.
9. Indent for new item is properly justified by I.O. along with the Yes/No/NA
Utilisation Certificate.
10. Whether indigenous source development is explored in respect Yes/No/NA
of import of spares or capital goods.
11. Last purchase rate of overseas P.O. is given in foreign currency for Yes/No/NA
a meaningful price comparison along with source of last supply.
12. Expected residual life of the item proposed for purchase and Yes/No/NA
presently under operation vis-à-vis prescribed life of the new
one reasonably assessed and recorded.
13. High value purchase proposal contain it's Utilisation programme, Yes/No/NA
preferably within warranty period. Views of concerned Director on
this score obtained.
14. Proposal for procurement of improved version over the existing Yes/No/NA
one is properly justified with reference to its optimum utilisation and
cost benefit aspect and availability of trained man-power with
obsolency certificate as per authority delegated in Manual.
15. Exact technical specification matched with requirement of user Yes/No/NA
section for computers and other product where technology is fast
changing is settled before issuance of NIT and recommended, offer
strictly in conformity with NIT is confirmed.
16. Recommendation as to technical acceptance of offer obtained Yes/No/NA
from I.O. / his representative in TC.
17. Price reasonability of analysed and commented upon. Yes/No/NA
18. Purchase proposal is placed after settlement of all deviation in Yes/No/NA
techno commercial part of the offer as per NIT terms.
19. Availability of surplus stock in other projects is checked and Yes/No/NA
considered in fixing the ordering quantity.
20. In case of L.T.E. updated vendor base is considered. Yes/No/NA
21. Vendor's behaviour is duly considered in recommendation for
waiver of security deposit and L/D clause. Yes/No/NA
22. Price implication of commercial terms & conditions of all the Yes/No/NA
offers are evaluated on equal platform and considered in the
comparative statement

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SUMMARY SHEET OF PROPOSAL PLACED AT TC (AT HQ ) BY FIELD TC


1. Project Details with justification
a) Name of the Project :
b) Scope & work :
c) Initiating Deptt. / Section with date of initiation:
2. Departmental Estimates
a) Amount :
b) Basis :
3. Sanction Order :
Whether financial sanction obtained: Yes/No
4. Budget Status : Budget Provision exists in
a) B.E. ……………..
b) R.E. ……………..
c) Remarks, if any :
5. Tendering :
A. SINGLE TENDER :
(a) Reasons for Single Tendering :
(b) NIT Details :
i) Date of NIT :
ii) Date of Opening :
iii) TIA :
iv) DFP Serial :
v) Remarks, if any :
(c) Other Details :
i) PSU :
ii) Emergency :
iii) Urgency :
iv) Any other :
B. LIMITED TENDER ENQUIRY :
(a) Reasons for Limited Tendering :

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(b) Selection Mode :


i) Approving Authority :
ii) From Approved Vendors :
iii) From known vendors :
iv) From others :
(c) NIT Details :
i) Date of NIT :
ii) Date of Opening :
iii) TIA :
iv) DFP Serial :
v) Web publication, if any :
vi) Remarks, if any :
(d) No. of bidders invited
(e) No. of bidders responded
(f) Name of NIT compliant bidders:
C. OPEN TENDER :
(a) NIT Details :
i) Press publication Date :
ii) Hosting Date in the Web :
iii) Date of Opening :
iv) TIA :
v) DFP Serial :
vi) Remarks, if any :
(b) Type of Tenders :
i) Two Stage :
ii) Single Stage with 4/3/2/1 Envelope :
iii) Approving Authority :
(Only the relevant tendering methodology shall be kept in the format)
6. Pre - bid Discussion :
(a) Date :
(b) No. of participants :

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(c) Amendment, if any :


(i) Completion Period :
(ii) Revised date of submission of bid, if any :
(iii) Others :
(d) Intimation of Amendment, if any :
(e) Reply of pre bid uploaded on

7. Techno - commercial Evaluation :


(a) Opening Date :
(b) No. of bidders responded :
(c) Name(s) of the Techno- commercially accepted bidder as per NIT:
(d) No. of rejected bids with reasons for rejection:
(e) Tender Committee's Recommendation with details of deviation, if any and authority of condo
nation:

8. PRICE BID
(i) Opening Date : (ii) No. of bidders : (iii) Ranking statement:
Name of bidder Ranking Evaluated % w.r.t.DE % w.r.t. L1
Price (for L1 bidder)
L1
L2
L3
L4
(iv) Discussion on Reasonability of Price w.r.t. :
a) DE :
b) Market Price :
c) Others to be specified :
(v) Rejection of Price Bid, if any with reasons:

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(vi) Other salient techno-commercial features:


Features As per NIT As per L1 Offer REMARKS
Delivery Period /
Completion period
SDBG
LD
Advance Payment, if any
Validity of offer
Terms of Payment
(vii) Total Financial Involvement :
(viii) Tender Committee's recommendation :
For price bid with deviation, if any and its authority of condonation

9. Point of Decision/Recommendation of Field:


10. Point of Decision of TC (HQ):
11. Accepting Authority :

(Signature of the concerned authority) Placing the case to TC(HQ)

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SECTION-X

TIME FRAME OF TENDERING

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SECTION-X:TIME FRAME OF TENDERING


I. ESTIMATED TIME/TIME SCHEDULE FOR FINALISATION OF TENDER AND PLACEMENT
OF LOA/LOI-cum- Work Order /Work Order/Purchase Order:
Considering pre-tendering, tendering & post tendering activities, the following time frame
has been made for finalization of a purchase/work order from the date of receiving Indent,
complete in all respects:-
1. Time Frame for Various Work & Procurement activities,
2. Date of NIT/Date of inviting EOI would be the date entered /recorded in Tender
Register/EBA System at the time of sending for press publication/hoisting on
website/placement on notice board.
3. Press Publication of Tender including through CPRO (DVC HQ) is to be done within
10 days from date of NIT.
Sl. Activities Time Required for
No. Open Tendering LTE
For For With Without OEM/
specialised regular QR QR OES/
items/new nature of publi- PAC
items/EPC procure- shed basis
contract/ ment in web
ICB site
contract

PRE-TENDERING ACTIVITIES
01 Finalisation of Scope of Work, Zero Date
Technical Specification,
Estimation, Administrative
Approval etc.
02 Finalisation of QR, Tender 7 days 7 days 5 days 5 days 5 days
Document and approval of the
same including NIT publication
TENDERING ACTIVITIES
01. Sale/Issue/Downloading period 35 days 28 days 23 days 16 days 8 days
of Tender Papers
02. Pre-bid Conference included in included in --- --- ---
(if applicable) 01 above 01 above

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03. Date of Submission of bid included included included included included


in in in in in
01 01 01 01 01
above above above above above

04. Techno-commercial part open 05 days 03 days 3 days 3 days


Acceptance of Techno-
commercial part of bid by TIA
or TC as the case may be
based on the information
submitted by bidders.
05. Open of Price Bids/Scrutiny of 02 days 02 days 02 days 02 days 2 days
Price Bids and identification of
L1 bidder by TC as the case
may be including preparation
of Comparative Statement
06. Verification of documents 17 days 12 days 12 days --
of L-1 bidder (LTE with
QR only)
07 Recommendation of TC 02 days 02 days 2 days 2 days 2 days
towards acceptance of offer
of L1 Bidder
08. Approval of TAA (except 02 days 02 days 2 days 2 days 2 days
Board), in terms of DFP
09. Tentative Total Time Required 70 days 56 days 49 days 30 days 19 days
to Conclude any Procurement/
Work Proposal.

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(Post - Qualification Methodology i.e. through EOI or two stage bidding Process)

Sl. Activities Time Required for OEM/ OES/


No. Open Tendering LTE PAC basis

01 Finalisation of Tentative QR, Tender/


Bid Document for EOI and approval
of the same as per provision of
W&P Manual Zero Date
02 Finalisation of Scope of Work,
Technical Specification, Estimation,
Approval of shortlisted vendors/
agencies etc. 60 Days
Subsequent TENDERING ACTIVITIES among shortlisted vendors/agencies through
EOI or Two stage bidding Process
01. Sale/Issue/Downloading period of
Tender Papers 28 days
02. Pre-bid Conference(if applicable) Before 07-10 days from last date of
selling/downloading period.
-----
03. Date of Submission of bid 7 days for domestic bid (DCB) & 15 days
for international bid (ICB) from last
date of submission.
03 days from last date of submission
(DCB only), if no pre-bid
meeting is there
04. Techno-commercial part open, 15 days
Acceptance of Techno-commercial
part of bid by TIA or TC as the case
may be based on the information
submitted by bidders. TC to finalise its
report within 10 days from opening
of tender.
05. Open of Price Bids/Scrutiny of Price 7 days
Bids and identification of L1 bidder by
TC or SC as the case may be
including preparation of
Comparative Statement

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Sl. Activities Time Required for OEM/ OES/


No. Open Tendering LTE PAC basis

06 Recommendation of TC towards 7 days


acceptance of offer of L1 Bidder

07. Approval of TAA (except Board), 2 days


in terms of DFP

08. Placing of Purchase Order 3 days


Tentative Total Time Required to
Conclude any Procurement/
Work Proposal 136-146 days

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FLOW CHART (OPEN TENDER for REGULAR TYPE)

Administrative QR, Tender NIT Publication


Approval Document (02 days)
(Zero Date) (05 days)

Sale of Tender Techno-commercial Identification of


+ Pre-bid acceptance & price L1 Bidder
+ Opening of Tender bid opening [02 days from opening
(28 days) (03 days) of Price Bid]

Submission of
Documents by L1
Recommendation Approval of TAA
Bidder + Verification
of TC (Except Board)
of the Documents
(02 days) (02 days)
[10+2 days from
previous step]

Total - 56 Days

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FLOW CHART (OPEN TENDER FOR specialised items/new


items/EPC contract/ICB contract

Administrative QR, Tender


Approval NIT Publication
Document
(Zero Date) (02 days)
(05 days)

Sale of Tender + Techno-commercial Identification of L1


Pre-bid acceptance & price Bidder
+ Opening of Tender bid opening [02 days from opening
(35 days) (05 days) of Price Bid]

Submission of
Documents by L1
Bidder Recommendation Approval of TAA
+ Verification of the of TC (Except Board)
Documents (02 days) (02 days)
[15+2 days from
previous step]

Total - 70 Days

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FLOW CHART (LIMITED TENDER)

Administrative Issuance of Tender


Tender Document
Approval Document
(05 days)
(Zero Date) (02 days)

Submission &
Techno-commercial Identification of L1
opening of Bid
acceptance & price Bidder
(14 days - w/o QR
bid opening [02 days from opening
21 day - with QR
(03 days) of Price Bid]
published in website

Verification of the
Documents for Approval of TAA
Recommendation
L1 Bidder (Except Board)
of TC
(0 days - w/o QR 10+2 (02 days)
(02 days)
days from previous -
step with QR

Total 30 - 49 Days

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FLOW CHART (OEM/OES/PAC/SINGLE TENDER)

Administrative
Tender Document
Approval
(5 days)
(Zero Date)

Issuance of tender Submission &


document opening of bid
(1 Day) (9 Days)

Recommendation Approval of TAA


of TC (Except Board)
(02 days) (02 days)

Total 19 Days

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SECTION-XI

ORDER & POST ORDER ACTIVITIES

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SECTION-XI: ORDERING & POST ORDER ACTIVITIES


I. PLACEMENT (ISSUANCE) OF PURCHASE ORDER/ WORK /SERVICE ORDER:
The Purchase Order/NOA / LOA / LOI / WO/LOI-cum- Work Order is to be issued under
the signature of concerned Purchase Officer/Chief Purchase Officer/Chief Materials
Manager or the designated authorities .
The Purchase Order / LOA / LOI / WO/LOI-cum- Work Order to be despatched by
registered post/courier/speed post. However, a copy of the original order may be
delivered by hand to the concerned vendor on request, after the original is despatched.
All Dealing Sections which are to implement the decision regarding purchase / works
/ services should make sure that the decision regarding purchase / works / services
as recorded by the competent authority is clear for taking further action. If there is any
doubt, the file should be put up immediately to the competent authority for clarification
II. AGREEMENT:
On receipt of a LOA / LOI / WO/LOI-cum- Work Order for any project / works /
services/PMC/ AMC/ARC etc of contract value in excess of Rs. 200,000/- (Two lakhs
only), the concerned vendor must submit contract agreement (Format to be supplied
by DVC) in non- judicial stamp paper of appropriate value duly filled in all respect to
the order issuing authority/C&M Section for acceptance before commencement of
works/Services as applicable and claiming mobilisation advance/advance amount if
any, as per provisions of the contract.
The said agreement will be duly signed by both authorised representative of DVC
(Signing authority as per DFP) and authorised representative of vender/
contractor/consultant. One such copy of agreement, on acceptance should be invariably
be given to respective head of Accounts/Finance department of plant/field /Corporate
offices.
In case of exigencies in respect of AMC/Service Contract, Executive Director/HOP/Plant
Chief / CE may grant relaxation regarding time frame for execution of contract agreement.
III. FOLLOW-UP/EXPEDITING OF ORDERS AND PAYMENT PROCESS:
1) The concerned Contract Cell Executive/Dealing Officer/Consignee concerned shall be
responsible for effective and timely follow up and expediting with the vendor/supplier
till all the materials are received and accepted as per Purchase Order and payment is
released to the Vendor within fifteen (15) working days from the date of receipt of
materials/invoice in regard to procurement of materials (excluding Works or Project
Contract). Similarly, Concerned Contract Cell Executive/Dealing Officer /Engineer-in-
charge shall be responsible for effective and timely follow up and expediting with the
vendor/contractor till the entire work/services is completed/ delivered as per terms of
W.O. and payment is released to the Vendor/Contractor within fifteen (15) days from
the date of submission of bill in regard to works/services.

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2) The award of Purchase Order / LOA / LOI / WO/LOI-cum- Work Order is not the end
of any contract process, rather it is the beginning of a long and complex set of operation
in an effective and time bound manner. It calls for sharing the responsibilities by more
than one department in all stages of contract execution. The Dealing Officer/ Contract
Cell Executive / consignee / Engineer-in-Charge concerned shall be responsible for
effective and timely follow up and expediting with the vendor till the contract is executed
in full and accepted by Indenter/Proposer/User Section and full payment is released
to the vendor/contractor. Concerned contract cell executive / Engineer-in-Charge/
Consignee/Dealing Officer shall also be responsible for settlement of all discrepancies
and disputes that may arise in course of execution and up to the stage of final payment
against each contract.
3) The contract shall be treated as finally closed after receipt and acceptance of
goods/services / completion of work schedule by the Indenter/Proposer/User Section
as per terms of contract and payment made to the vendor/Contractor in full and final
settlement of all other issues, including release of Security Deposit against Performance
Guarantee as per terms of the contract.
4) In order to monitor the post contract management and to release payment to
vendors/suppliers within fifteen (15) working days from the date of receipt of
materials/invoice etc. in regard to procurement of materials (excluding Project or Works
Contract) the following guidelines may please be considered:
a) Consignees on receipt of PO/LOA/LOI/NOA should follow up at appropriate time with
the supplier/vendor regarding the delivery programme / inspection schedule before the
expiry of stipulated schedule as per the contract.
b) Indenter / Inspecting Officer is requested to send a copy of inspection report as carried
out as per terms of contract to the order issuing authority/C&M department as the case
may be along with a copy of despatch clearance for the same.
c) Purchase Order should stipulate that bill/invoice to be submitted by the supplier/vendor
to the concerned Paying Authority (Finance) directly along with all necessary documents
(e.g. Test Certificate/Guarantee Certificate / Copy of ED Invoice, if applicable/copy of
Despatch Clearance / copy of acceptance of SDBG, if any/copy of receipted challan
for materials / documents against F&I Charge etc.) and should submit photocopy of
the bill/invoice to the consignee at the time of delivery of requisite materials.
d) Immediately on receipt of materials the consignee shall inform the indenter/user for
necessary inspection. The date of inspection (At Site or Outside) would be treated as
zero date.
e) After due inspection the indenter/user shall ensure that inspection report reaches to
the consignee within 4 working days from zero day.
f) On receipt of inspection report the consignee shall prepare the stores document (SRIN
/ SRB etc.) and ensure that the same along with inspection report and a photocopy of

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the invoice reaches to Finance Office within 4 (four) working days for taking payment
action by Finance Department.
g) Finance Department thereafter shall release payment to the vendor/supplier as per
Purchase Order within seven (7) working days from the date of receipt of documents
from Store Department.
h) Similarly in case of Advance Payment/ against procurement of materials, the supplier
shall submit the original Bills/Invoices to the concerned Paying Authority (Finance) with
all relevant documents as per purchase order and photocopy of invoices to be submitted
to the Consignee concerned. The consignee in turn shall issue necessary payment
clearance to Finance in consultation with indenter within 3 (three) working days.
Thereafter Finance will release the advance payment within 2 (two) working days of
receipt of payment clearance from the consignee.
i) Similarly in case of Payment through Bank (against dispatch documents) against
procurement of materials, the supplier shall submit the Bills/Invoices to the concerned
Paying Authority (Finance) with all relevant documents as per purchase order for
necessary payments.
j) Finance should prepare a monthly report on the overdue Bills / Invoices at the end of
each month due to non-receipt of corresponding SRIN / SRB or any other document
required indicating details thereof and to be submitted to ED (C&M), DVC HQ with
copies thereof to Member(Finance/Secretary/Technical) for their information.
IV TOLERANCE IN PURCHASE ORDER QUANTITY:
The suppliers/contractors are expected to deliver/execute exact quantities of material/work
as specified in the Purchase Order/turnkey/work contracts. But wherever quantities are
in Weights, volumes, Area or in lengths, there may be cases where the supplier/contractor
has supplied/executed in excess or short. If any tolerance has not been incorporated
in the Purchase Order/work order/turnkey contract then ± 5% of the order value should
be considered as the tolerance limit and the Purchase Order/work order/turnkey contract
shall automatically be treated as amended to that extent. Administrative/In - principle
Approval for execution within the tolerance limit of ± 5% should be obtained from TAA.
If TAA is Chief Engineer and above, the said approval shall be obtained from respective
Chief Engineer and report indicating financial involvement under the tolerance limit of
± 5% should be sent to concerned TAA. If TAA is Chairman/Board, the said report
should be sent to concern Member. The normal variation clause will be applicable
independently of this tolerance as per stipulation of respective DFP.
V PRE-DISPATCH INSPECTION (PDI), RECEIPT OF MATERIAL ETC:
1) PDI Clause for a particular tender/enquiry to be incorporated, if felt necessary, by the
indenter/user section. Once it is incorporated in the purchase order/contract, it should
not be waived in the normal course by way of amendment. However in case of exigencies,
PDI can be waived by the Chief Engineer on the basis of appropriate justification by
the user department.
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2) If a PO/LOI/LOA incorporates PDI, Inspection Engineer will carry out the relevant
tests/inspection as per relevant standard/ Quality assurance Plan (QAP) at vendor's
works. After successful testing/inspection, despatch clearance is to be issued by the
dealing Engineer as per format incorporated in this manual.
3) After receipt of the materials at stores, consignee will arrange for site inspection by
calling the Indenting Officer by sending an arrival report.
4) Consignee would send all the relevant documents to the concerned Accounts Office
for checking, verifying and passing of the bills for payments to the vendor. The Accounts
Office would see all the relevant documents and in case of discrepancy found as per
Purchase Order/work order shall seek clarification before releasing the payment.
Consignee/ Indenter would also send the copies of site inspection reports/PDI reports
to the purchase order issuing authority.
VI CHECK LIST FOR PAYMENT:
A. Supply Payment:
A.1 Advance Payment:
l Unconditional acceptance of LOA/LOI/PO/WO.
l Submission and acceptance of BG against Security Deposit cum Performance Guarantee.
l Submission and acceptance of Bank Guarantee of equivalent 110% amount against
the advance payment or as per the latest guideline of CVC in this regard.
l Submission and approval of L-1 Schedule/Bar Chart, if applicable.
l Execution of an Agreement.
A.2 Payment against dispatch documents:
l Evidence of despatch (RR or LR).
l Detailed invoice and detailed packing list identifying content of each consignment.
Manufacturer's/contractor's guarantee certificate of quality.
l Test certificate.
l Material inspection report and/or despatch clearance certificate.
l Insurance policy/certificate.
l Other documents as specified in Purchase Order
A.3 Payment against consignment after receipt of material at site
A.3.1 Certificate to be issued by Site-in-charge/Consignee:
l Physically verified and materials found to be received in full and good condition.
l Materials entered in page no… Vol. …. of stock ledger.

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A.3.2 CRMI issued with cross-reference of stock Ledger.


A.4 Retention money:
l Recovery towards LD, if any. (If LD is not decided, the full amount against LD is to be
withheld and remaining amount may be released).
l Successful commissioning and taking over certificate.
l Certification towards submission of all drawings, manuals, reproducible etc.
B Erection Payment :
The existing procedure of payment through RA bill after entering the work done in the
measurement book (MB) will continue to remain in vogue.
N.B.
1) In case of delayed execution of work, payment against running bill (both supply
and erection) will not be withheld for want of Provisional/formal extension order.
2) EPF compliance certificate will normally be furnished in the succeeding month(s)
and shall not be delayed beyond 6 (six) months.
3) For minor discrepancies, entire payment will not be withheld.
VII PAYMENT PROCEDURE
In order to release payment to contractor/vender within 15 (fifteen) days from the date
of submission of bill in regard to work relating to Transmission & Distribution/Project
Contract on EPC/Turnkey basis with Billing Break Up (BBU)/ stage wise payment terms
or Item Rate Contract, the following procedure and time frame shall be followed:
1) Bill for payment to be submitted by the contractor in quadruplicate with all relevant
document to Engineer -in-Charge directly.
2) Engineer-in-Charge on receipt of the bill will forward the same to the concerned site
engineer for necessary verification and certification in respect of completion of the
stages of the work or work done for which the bill has been preferred and also sent
one copy to EPF cell for verifications and certification of EPF declaration submitted by
the Contractor (zero date).
3) EPF compliance certificate will normally be furnished in the succeeding month. However,
in no case, the compliance shall be delayed beyond 6(six) months. EPF cell with check
and certify the EPF declaration within 5(five) working days from the zero date and return
the same to Engineer-in-Charge.
4) The concerned site Engineer will check and certify on the bill within 7(seven) working
days from the zero date.
5) On receipt of the verified bill, Engineer-in-Charge shall ensure that the pass order along
with the bill and other relevant documents reaches to Finance (Accounts) Office within
3(three) working days for taking payment action by Finance Department.
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6) Finance Department shall release payment to the contractor as per terms and conditions
of Work Order/Contract within 5 (five) working days.
7) In case of advance payment, the contractor shall submit the bill to the Engineer-in-
Charge with all relevant documents as per work order including SDBG and BG of
equivalent amount of advance as stipulated above. The Engineer-in-Charge in turn
shall issue necessary payment clearance to Finance Department after acceptance of
SDBG and BG against advance within 3(three) working days. Thereafter, Finance will
release the advance payment within 2(two) working days of receipt of payment clearance
from the Engineer-in-Charge.
8) In case of delayed execution of work, Finance Office should pass the bill withholding
admissible Liquidated Damage (LD) amount as per the Work Order/Contract without
waiting for formal time extension order except where the extension of time has already
been granted for non-imposition of LD by the Competent Authority. Thereafter, Finance
Officer should immediately intimate the Engineer-in-Charge for issuance of format
extension of time with/without imposition of LD Clause.
9) Finance Department should prepare a monthly report of the overdue bills at the end
of each month due to non-receipt of documents, clarification require indicating details
thereof and to be submitted to concerned Project Head with copies thereof to Member
(Finance).
VIII PUBLISHING OF SUMMARY ON AWARDS OF CONTRACTS/ PURCHASE ORDER:
1) Specific timeliness for each step under different tendering procedures is specified.
Reasons must be given to the approving authority at the award stage for any deviations
from the timeliness.
2) A summary of deviations and reasons thereof from the timeliness be submitted to the
concern Member by respective order issuing authority/ department. DVC will submit
a brief on deviations, if any and actions taken on the same in their QPR in the ministry.
3) After the award of contract, the name of successful bidders be uploaded in the DVC
Website within a week.
4) All concerned official /authorities are required to ensure hosting of the Summary of
awards of all Contracts and Purchase orders placed through LTE/OTE having threshold
value of Rs. Five (5) lakhs and above.
5) The summary has to be prepared in the prescribed format and should be sent before
7th of following month to IT cell, DVC Towers to host the same in DVC Portal.

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SECTION-XII

VENDOR REGISTRATION

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SECTION-XII: VENDOR REGISTRATION


1.0 INTRODUCTION:
DVC, as a whole, believes in quality at all stages of activities. During construction as
well as in operation/maintenance phase of D V C power stations, quite a large number
of items are required. For quality procurement and to get the services of reliable & able
vendors, identification of quality sources is needed. This necessitates enlistment of
contractors/suppliers/vendors for works & services and called as “VENDOR
REGISTRATION”.
1.1 OBJECTIVE:
The objective of these policy guidelines for contractors/suppliers/vendors registration
is to standardize this activity for the various power stations and other authorities within
D V C.
1.2 IDENTIFICATION OF ITEMS FOR REGISTRATION:
The identification and categorization of the items/works/services shall be done based
on items in case of supplies and nature of job in case of works and services.
In addition to the reliable and proven sources for supplies and for works& services who
have already been enlisted, the possibilities should be further explored on a continuous
basis to identify efficient vendors in the market. For this purpose the format has been
hoisted in the DVC website. However advertising will also be made in the local
newspapers.
The parties who have met our NIT requirement against our open tender advertisement
for procurement of specified items or for execution of works & services will be registered
as vendor subject to submission of the registration form along with their credential. No
processing fee will be required to be submitted by NSIC & SSI vendors.
1.3 SCREENING OF APPLICATION:
Screening of application would be undertaken by a Registration committee based on
the information provided in the prescribed formats. One member each of minimum M-
5/M-6 level, from Materials/contracts, User Department (members from OS&U deptt.
for HQ/members from MP Cell for field formation) & Finance Section will form the
committee. However where MP Cell/OS&U member nomination is not possible, HOP
may nominate one member from any user section. Head of the committee will be from
QC & I/FQA department at HQ/Field formations. The above mentioned committee will
be formed at HQ level as well as Field Level and the same will be nominated and
approved by HOP/Plant Chief/CMM/CE.
The prospective vendors should fill in the format online, and if found qualified, are
required to take print out of the format and submit with all necessary enclosures to the
CMM/Head of Contract Cell of the respective unit for further scrutiny /evaluation. The
C&M department / Contract Cell of the respective unit will issue a certificate to the
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vendor if found meeting the criteria after approval of Plant Chief/CMM/CE (other than
plant/HQ). Vendors need to register in DVC E-tender portal over and above this
registration to participate in E-tenders.
All applications will be grouped on the basis of the following criteria:-
1. Manufactures:
2. Suppliers
1.4 APPROVAL OF REGISTRATION:
The vendor list as recommended by the registration committee to be approved by Plant
Chief/CMM/CE(other than plant/HQ). The vendor name, after approval will be included
in the list of registered Suppliers, and posted in website.
1.5 REGISTRATION & RENEWAL:
a. The registration will be valid for a period of three years from the date of approval.
b. Registration Certificate (format enclosed) will be sent through e-mail and will be
issued to the concerned vendor by post.
c. Renewal of registration may be done for a further period of three years based on
the performance of the vendor during the last three years and submission of fresh
application forms duly filled in. If application is not received, the system will delete
the name from the list of registered vendors at the expiry of 3 years.
d. All application received for registration will be reviewed by the registration committee
at the end of each quarter and put up their recommendation for approval.

PROCEDURES FOR VENDOR REGISTRATION


1. The Vendor Registration Form is available in DVC website, i.e., www.dvc.gov.in
and it is in Vendor Registration link.
2. The registration of vendors will be done by the Chief Materials Manager, DVC,
C & M Department, DVC Towers, 3rd floor, Kolkata-700 054 / Plant Chief/CE of
respective unit.
3. It is advised to read carefully the instructions available in DVC website before
filling application form.
4. The duly filled in vendor registration application form along with supporting
documents as per the checklist has to be submitted to :
The Chief Materials Manager,
Contract & Materials Department,
DVC, DVC Towers, Kolkata-700 054.
Or
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Plant Chief/ CE(other than plant/HQ).


5. The vendor can register his form for more than one item category by submitting
single application form and with necessary documents.
6. Incomplete registration form or false information are liable for rejection.
7. Wherever necessary factory/shop inspection will also be carried out in order to
ascertain capability, capacity & quality assurance.
8. After registration, a vendor code will be assigned to the firm/vendor and the
firm/vendor will be intimated issuing registration certificate through post.
9. Once a firm is registered with DVC, they will continue to remain in the list of
approved vendors for 3 years and the approval letter will be sent to all
Station/Functional heads of DVC Plants.
10. The firms who had met qualifying requirements against earlier Open Tender
Advertisement (NIT) for procurement of materials/works/services tendered by
any establishment of DVC for which vendor registration is seeking will be
considered for registration. A formal application and requisite documents shall
have to be submitted to Chief Materials Manager/Plant Chief/CE (other than
plant/HQ).
11. Registration of vendor will be terminated prematurely, if the vendor is non
responsive on account of its performance or disabilities.
12. Banning of vendors will be done in case of unethical business practice is
established or furnishing wrong information, false/manipulated documents or the
vendor is charged by CBI/CVC/any other Govt. investigating/enforcement agency
and subsequently prosecuted in the Courts of Law. Banning of business will be
done as per provisions of W&P Manual.
13. For renewal of registration, the registered vendors have to submit the fresh
application 90 days before the date of expiry. If the firm does not revalidate width
stipulated period, the vendor’s name will be removed from the list of approved
vendors. Registration procedure is same for new/old vendor.
14. All columns are to be filled up properly in the space provided for. Wherever it
is not applicable, please mention "Not Applicable". The form is to be signed by
the authorised signatory.
15. A separate sheet may be attached if the space provided is insufficient or additional
information is to be given. Please put proper identification tag on the separately
attached sheet.
16. Please ensure that all required enclosures are attached with the filled up Supplier.
Registration Form and all enclosures are numbered & list of enclosures is given
as required.

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17. As multiple copies of the application forms are required for processing at our
end, please do not spiral bound the application forms or its enclosures and
instead send them in two whole clip flat file.
18. Incomplete forms will be rejected.
19. Any information / clarification required by DVC during evaluation must be given
expeditiously.
20. Please note that if you are registered and participate in Tender process and
qualify to get order from DVC, your performance based on Quality of your product,
delivery performance and service rendered will be evaluated.
21. Please fill up the check- list given on next page and send along with the Supplier
Registration Forms to DVC
22 If you are attaching a document in a language other than Hindi / English, a self-
attested Hindi/ English translated document may please be also attached.
23 The vendor registration form has two parts:-
Part A : Organisational information - Form No VR-01
Part B : Technical competence - Form No VR-01
24 The set of formats to be filled by different category of vendors is as follows:-
Enlistment of vendors for following Procurement category:-
Group Description of category Group Description of category
I Chemicals like Sulphuric Acid, II Mechanical
Hydrochloric Acid, Caustic Soda
Flakes and Lye, Bamboo
III Electrical IV Control & Instrumentation
V Civil VI IT hardware & software
VII Laboratory & Chemicals VIII General Stores & Safety Items
IX Mining X Lubricants, & Others
25 If all Relevant Information and statutory documents like Ownership, Pan No.,
Sales Tax No., Excise Duty No. etc. not submitted, the vendors are not eligible
for registration
26 If The agency has been referred to BIFR / DRT/ CDR/ Other Similar Govt Agency,
the vendors are not eligible for registration.
27 If The agency has been blacklisted/debarred from any Govt/ Quasi Govt. Agency/
any Public Sector Undertaking, the vendors are not eligible for registration.

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1.6 REGISTRATION FORM:

Vendor Registration Form


Form No. Vr- 01

PART- A: ORGANISATIONAL INFORMATION


All columns should be properly filled in the space provided for, wherever it is not
applicable, please write "Not Applicable". Incomplete or incorrect forms may not be
considered. Please attach separate sheet, if space available is inadequate.
All the pages of the form are to be signed along with seal by the Authorised Signatory

ORGANISATIONAL INFORMATION
Name and Correspondence Address of the Supplier seeking Registration:-
1.0 Products / Systems /Services / Others for which Registration is applied for:
Sl. No Description Annual financial capability/ Mfg. STD/IS/DIN/BS etc.
execution capability in
Rs. based on average
annual Turn Over of
last three financial years.

Vendor’s Authorised Signatory

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Damodar Valley Corporation


Vendor Registration Form
Form No. Vr- 01

Organisational Information

2.0 General Information:

2.1 Names of the Works/ Division (Products Manufactured at each Works to be mentioned):
Address
E-mail
Telephone I) Landline
II) Mobile
Fax

2.2 Name of Chief Executive/ Proprietor/ Partner & Address:

2.3 Details of Authorised Signatory for Seeking Clarification:


Name
Designation
E-Mail
Telephone: I) Landline
II) Mobile
Fax

Vendor’s Authorised Signatory

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Damodar Valley Corporation


Vendor Registration Form
Form No. Vr- 01

Organisational Information
3.0 Ownership Information: Documents to be
furnished
3.1 Govt. of India Undertaking:
Or
State Govt. Undertaking Or Memorandum and Articles of
Limited Company, Or Association, Certificate of
Private Company Incorporation etc
Co-Operative Society, Society Rules And
Bye Laws
Partnership Firm, Partnership Deed
Proprietorship, Profession Tax Regn.
And Municipal Regn.
Any Other (Specify) Supportive documents
3.2 Nature of Business
(Manufacturing Unit/ Engg Consultant/
EPC Contractor) • Specify
(Agents/ Distributors/ Stockists/Dealers/ Traders/
Indian Subsidiary/ Channel Partner/others)
• Attach Authorisation/
Certificate of Principal
3.3 Year of Establishment
3.4 Year of Commencement Of
Business

Vendor's Authorised Signatory

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Damodar Valley Corporation


Vendor Registration Form
Form No. Vr- 01

Organisational Information
4.0 Registration Particulars
(Furnish details and enclose copy of Certificate for the following)
4.1 Permanent Account No

4.2 Central Sales Tax Regn Number

4.3 State Sales Tax / Tin Number

4.4 Excise Duty Regn Number

4.5 Excise Control Code Number

4.6 Service Tax Regn Number

4.7 EPF Regn Number


4.8 Category As Per MSMED Act : Micro/
Small/ Medium Regdn.No. :
Valid up-to : (attach certificate)
4.9 ESI Regn Number

5.0 Total Organisational Strength: (Attach Organisation Chart)


GRADUATE DIPLOMA SKILLED/NON-SKILLED

Engineering

Manufacturing Quality

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Commercial /Service
After Sales

Others

Total

5.1 Power Backup : Yes/No


(Give details)

5.2 Does the company sell its product directly : Yes/No

Vendor’s Authorised Signatory

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Damodar Valley Corporation


Vendor Registration Form
Form No. Vr- 01

Organisational Information
6.0 Other Particulars:
(Furnish details and enclose documentary evidence/ Copy of Certificate for the following)

6.1 If The Company is Already Registered with any


of DVC Units/ executes any P.O. or W.O etc. in any
unit of DVC give details with documents

6.1.1. DVC Unit's Name:

6.1.2. Agency Regn. Code No.

6.2 Is The Company Approved By any Govt.


organisation/PSU/Semi Govt. Organisation /
private power utilities for intended Material Category Yes / No

(Enclose Documentary Evidence)

6.3 Is The Company ISO 9001 Approved?


(Enclose Certificate & TOC Of Quality Yes / No
System)

6.4 Is The Company An ISO 14000 Approved?


(Enclose Certificate): Yes / No

6.5 Is The Company OHSAS - 18000 Approved?


(Enclose Certificate) Yes / No

6.6 Technical Collaborator :


(Foreign Or Indigenous)

(Enclose Documentary Evidence)

6.7 R & D Set Up (Enclose Documentary Evidence)

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Damodar Valley Corporation


Vendor Registration Form
Form No. Vr- 01

6.8 Directors / Partners, if related to any DVC


employee
Name
Staff No.
Designation
Unit & Department : Relationship

Vendor's Authorised Signatory

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Damodar Valley Corporation


Vendor Registration Form
Form No. Vr- 01

Organisational Information
6.9 If Any Ex-DVC Personnel is employed by the
Company, mention his / her details of last posting
Name
Staff No.
Designation
Unit & Department
Date of leaving service
6.10 Company's Weekly Holidays Works :
Office
6.11 Details Of Pending Legal Issues On Contractual
Aspects With Customer, if any
6.12 The Following Information Of Bank
Account Of The Company, duly
endorsed by the bank
1. Name Of The Company
2. Name of Bank
3. Name Of Bank Branch
4. City/Place
5. Account Number
6. Account Type
7. IFSC Code Of The Bank Branch
8. MICR Code Of The Bank Branch
9. Details Of Other Bankers (For Reference Purpose Only)

Vendor's Authorised Signatory

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Damodar Valley Corporation


Vendor Registration Form
Form No. Vr- 01
Organisational Information
7.0 Manufacturing Facilities:
7.1 List Of Manufacturing Facilities of equipments / materials (Including Material Handling
Facility)
Sl. No. Description Of Quantity Make & Year Of Remarks
Machine/Equipment Installation

In Case Of Space Limitation, Please Enclose Annexure / Catalogue With Tag

7.2 If In-House Mfg Facilities Not Available, Inform Source of Mfg. Details Alongwith Their
Facilities & Experience
Sl. No Process Name Of Description Of Remarks
Outsourced The Company Machine /Equipment

In Case Of Space Limitation Enclose Annexure / Catalogue With Tag

Vendor's Authorised Signatory

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Damodar Valley Corporation


Vendor Registration Form
Form No. Vr- 01

Organisational Information
8.0 INSPECTION & TESTING FACILITIES:
8.1 List of Inspection & Testing Facilities / Equipment
Sl. No. Description of NABL / Any other Make & Year of Last date of
Facility/Equipment Accreditation, if any Manufacturing Calibration
& Capacity

In Case Of Space Limitation Enclose Annexure / Catalogue With Tag

8.2 If In-house Testing Facilities not available, indicate Source of Testing alongwith their
Facilities & Experience
Sl. no. Test Source of Description of Approval of laboratory/
Testing Facility/Equipment Process/Personnel
& Capacity Qualification

In Case Of Space Limitation Enclose Annexure / Catalogue With Tag

Vendor's Authorised Signatory

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Damodar Valley Corporation


Vendor Registration Form
Form No. Vr- 01
Organisational Information
Financial Information For The Previous Three Years
Year 1 Year 2 Year 3
(Years in ascen
9.0 Parameter Rs. Lakhs )
Net Worth
(Share Capital + Reserves)
9.1
9.2 Net Working Capital
9.3 Sales/Service
9.4 Profit Before Tax
9.5 Whether the agency has been YES / NO
referred to BIFR / DRT/CDR /
any other Govt. agency
( If YES ,enclose details)
9.6 Whether the agency is a potential
sick company. ( If YES , enclose details) YES / NO
NOTE:
1. Copies of annual accounts (Balance Sheet) for the last three years (or from date of
Incorporation whichever is less) along with audit report are to be submitted. The
above details shall be highlighted in the Balance Sheet.
2. Status of Tax assessments done under various laws (Income Tax, VAT/Sales Tax,
Excise & Service Tax, Custom) and details of disputes pending, if any, with these
authorities to be submitted. The above details shall be highlighted in the Balance
Sheet.
3. Net worth means the sum total of the paid up share capital & free reserves. Free
reserve means all reserves credited out of the profits & share premium account but
does not include reserves credited out of re-valuation of the assets, write back of
depreciation provision & amalgamation. Further any debit balance of profit & loss
account and miscellaneous expenses to the extent not adjusted or written off, if any,
shall be reduced from reserves & surplus.

Vendor's Authorised Signatory


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Damodar Valley Corporation


Vendor Registration Form
Form No. Vr- 01

Part B: Technical Competence


Common Technical Competence

Technical Competence Remarks


1. P.O./W.O. executed in DVC/Any Govt. Organisation/ PSU/Semi
Govt. Organisation /private power utilities for intended material
category
(Enclose documentary evidence. Attach list of present customers
with name & address for offered/similar type & size of
item/equipment for which registration has been sought and with
whom you have continuous business since last three years.)

2. Performance Certificates:
I. Attach Performance Certificates Issued By DVC/Any Govt.
Organisation/ PSU/Semi Govt. Organisation /private power
utilities For Successful Execution Of The Contracts as
follows: a)For satisfactory performance of Two Years- For
supply of equipment or capital item, b)For satisfactory
performance of six months- For supply of consumable spares
etc. ;
II. Also attach Satisfactory Completion Certificate issued By
DVC/Any Govt. Organisation/ PSU/Semi Govt. Organisation
/private power utilities in case of services/ consumables/
consultancy. (enclose documentary evidence)

Vendor's Authorised Signatory

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Damodar Valley Corporation


Vendor Registration Form
Form No. Vr- 01
Part C: (QUALITY SYSTEM)
SYSTEM IN EFFECT (Tick RECORDS
SI. if exists & provide evidences (Tick if
PARAMETERS if ticked in written procedure) available & REMARKS
No.
Written submit
Practice
Procedure evidences)
1 Incoming Material Control Furnish a copy of system
System and organization.
2 In process control Furnish at least one
work instruction & record
of process control
parameter
3 Manufacturing / Testing Procedure Qualification
Procedure Qualification specification may be
submitted
4 Personnel qualification for Record of Personnel
3 above. qualification (PQR) to
be submitted
5 Calibration system Submit list of instrument
& their calibration status
6 System of Identification & Copy of procedure to
Traceability of materials, be submitted
tools, jigs, fixtures &
processed components, etc.
7 System of Storage, Copy of procedure to
Preservation, Painting & be submitted
packing
8 System of NCR Two copies of NCR &
disposition & corrective CAPA
preventive action
9 Customer complaints Submit list of customer
handling system complaints & status for
the last three years
10 Safety measures Submit copy of safety
system & Record of
accidents for last three
years
11 Any other quality initiative

Vendor's Authorised Signatory


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Damodar Valley Corporation


Vendor Registration Form
Form No. Vr- 01

List of Enclosures (Tags to be put on Enclosures)

(I) Memorandum and Articles of Association/ Certificate of Incorporation : Yes /No


Society Rules and Bye Laws / Partnership Deed/ : Yes /No
Profession Tax Regn & Municipal Regn : Yes /No
(II) Copy of Certificate of Following:-
• Permanent Account Number : Yes /No
• Central Sales Tax Regn Number : Yes /No
• State Sales Tax / TIN Number : Yes/No
• Excise Duty Regn Number : Yes/No
• Excise Control Code Number : Yes/No
• Service Tax Regn Number : Yes/No
• EPF Regn Number : Yes/No
• Regn Number of Category as per MSMED Act : Yes /No
(III) Organisation Chart : Yes /No
(IV) If Registered With Any Other DVC Unit,
• Letter Of Registration With DVC Unit : Yes/No
• Proof of Successful Execution of one or more Purchase Orders /
Work Orders : Yes/No
(V) Letter of Approval of Vendor Registration from any Govt organization/
PSU/Semi Govt. Organization/ private power utilities : Yes /No
(VI) Accreditation Certificate For
• ISO: 9001 : Yes /No
• ISO: 14000 : Yes/No
• OHSAS , ISO 18000 : Yes/No
(VII) Documents regarding R&D facilities, inspection and testing facilities : Yes/No
(VIII) Letter Regarding Technical Collaboration : Yes /No

Vendor's Authorised Signatory


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Damodar Valley Corporation


Vendor Registration Form
Form No. Vr- 01

(IX) Experience List and Performance Certificate /Completion Certificate : Yes /No
(X) Balance Sheet For The Last Four Years Along With Audit Report : Yes /No
(XI) Principal's Authorization In Case Of Dealers/ Agents : Yes/No
(XII) EFT Bank's Certificate : Yes/No
(XIII) Status of Tax assessments done under various laws
(Income Tax, VAT/Sales Tax, Excise & Service Tax, Custom) : Yes/No
(XIV) Details of disputes pending, if any, with these authorities
to be submitted. : Yes/No
(XV) Copy of system of control incoming materials and organization chart : Yes/No
(XVI) Copy of at least one process control work instruction : Yes/No
(XVII) Record of process control parameter : Yes/No
(XVIII) Copy of at least one Procedure Qualification specification : Yes/No
(XIX) Record of Personnel qualification (PQR) : Yes/No
(XX) List of instrument & their calibration status : Yes/No
(XXI) Copy of procedure for Identification & Traceability of materials,
tools, jigs, fixtures & processed components, etc. : Yes/No
(XXII) Copy of procedure for Storage/ preservation/ painting & packing : Yes/No
(XXIII) Copies of two NCRs and their CAPA. : Yes/No
(XXIV) List of customer complaints & status for the last three years : Yes/No
(XXV) Copy of safety system : Yes/No
(XXVI) Record of accidents for last three years : Yes/No

I /We Give The Undertaking That DVC Drawings & Specifications Shall Not Be Used In Any
Way Detrimental To The Interest Of DVC And/ Or For Supply Of Any Material, Product Or
Services Directly Or Indirectly To Any Other Customer.

Vendor's Authorised Signatory


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Damodar Valley Corporation


Score Sheet-I
Organisational Information

Sl. Parameter Criteria Marks Maxm. Marks


No. Marks Awarded
More Than 3 Years 5
1. Year of Commencement of supply/ work/ services 1-3 Years 4 5
Less Than 1 Year 0
2. Power Backup ( for Manufacturer only) Yes 1
No 0 1
Yes (Same Item) 8
3. If The Company executes any P.O. or W.O etc. in Yes (Another item) 2 8
any unit of DVC give details with documents
No 0
4. Is The Company Approved or registered By Yes 6
DVC/any Govt. organisation/PSU/Semi Govt.
Organisation /private power utilities for intended No 0 6
Material Category
5. ISO 9001 Accreditation / ISO 14000 Accreditation/ Yes 1 1
OHSAS - 18000 Accreditation (for Manufacturer
only) No 0
6. R & D Set Up (for Manufacturer only) Yes 1 1
No 0
7. Pending Legal Issues On Techno- Commercial Yes -10 0
Aspects With Customer No 0
8. Manufacturing Facilities Including Outsourcing Yes 5 5
(for Manufacturer only) No 0
9. Inspection & Testing Facilities (for Yes 3 3
Manufacturer only) No 0
10. Outsourcing Of Major Testing Facility Yes 1 1
(for Manufacturer only) No 0
11. Sales Tax Regn. Certificates, Excise Duty Regn. Yes 1
Certificate, Service Tax Regn. Certificate etc. No 0 1
as applicable
Total: For manufacturers - 32
For Other than manufacturers- 20 32

Note: Minimum Qualifying Score in this category shall be 50%.


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Damodar Valley Corporation


Score Sheet-II
Financial Information

1. Financial Information:
Sl. Parameter Criteria Maximum Marks
No. Marks Marks Awarded
positive for all 3 years 6
1. Positive Net worth for last three years positive for 2 years 4
positive for 1 year 2
Otherwise 0 6
positive for all 3 years 6
2. Positive Net Working Capital for positive for 2 years 4 6
last three years positive for 1 year 2
Otherwise 0
For 3rd years:
increased from
1st & 2nd year 6
3. Turnover (except other income) For 2nd years: 6
increased from
1st year 4
For 1st year:
any value 2
profit for all 3 years 6
profit for 2 years 4
4. Profit Before Tax for last three years profit for 1 year 2
Otherwise 0 6
Total 24

Note: If The Vendor is new in Business and does not have past data, then the evaluation will be done
on the basis of information provided by him and will be recommended by VRC.

Note: Minimum Qualifying Score in this category shall be 50%.

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Damodar Valley Corporation


Score Sheet-III

TECHNICAL COMPETENCE

SI. Parameter Maximum Minimum Marks


No Marks Marks obtained
(1) (2) (3) (4) (5)
1. P.O./W.O. executed in DVC/Any Govt. 8 0
Organisation/ PSU/Semi Govt. Organisation /
private power utilities for intended material
category in last 3 years
(Enclose documentary evidence. Attach list
of present customers with name & address
for offered/similar type & size of item/
equipment for which registration has been
sought and with whom you have continuous
business since last three years)
2. Performance Certificates: 10 0
I. Attach Performance Certificates Issued
By DVC/Any Govt. Organisation/ PSU/Semi
Govt. Organisation /private power utilities For
Successful Execution Of The Contracts
as follows: a)For satisfactory performance
of Two Years- For supply of equipment or
capital item, b)For satisfactory performance
of six months- For supply of consumable
spares etc. ;
II. Also attach Satisfactory Completion
Certificate issued By DVC/Any Govt.
Organisation/PSU/Semi Govt. Organisation/
private power utilitiesin case of services/
consumables/ consultancy. (enclose
documentary evidence)
TOTAL 18

Note: Minimum Qualifying Score in this category shall be 50%.

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Damodar Valley Corporation


Score Sheet-IV

QUALITY SYSTEM:

SL. PARAMETER CRITERIA Mark Maxm. Marks


NO. Marks Awarded
System Yes 1 1
availability: No 0
1. Incoming Material Availability of Yes 1 1
control System Organisation
chart No 0
Work instruction Yes 2 2
available: No 0
2. Process control Record of Available 2
process Control: Partial
record 1 2
Not
available 0
Adequate 3 3
3. Manufacturing/ Procedure Inadequate 1
Testing Procedure Qualification
Qualification Specification: Not
available 0
Adequate 3 3
4. Personnel qualification Record of PQR:
Inadequate 1
Not
available 0
Adequate 3 3
5. Calibration system Inadequate 1
Not
available 0

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6. System of Identification Adequate 2 2


& Traceability of materials, Procedure
tools, jigs, fixtures & available: Inadequate 1
processed components, etc.
Not
available 0
Adequate 2 2
7. System of Storage/ Procedure
preservation/ painting available: Inadequate 1
& packing
Not
available 0
8. System of NCR disposition Two copies of Available 2 2
& corrective preventive NCR & CAPA
action Not
available 0
System Yes 1 1
available: No 0
Complaints registered &
resolved 2 2
9. Customer complaints Complaints registered &
handling system partially resolved 1
Complaints or not resolved
not registered 0
System Yes 1 1
available: No 0
10. Safety measures Record Yes 1 1
available: No 0
TOTAL 26

Note: Minimum Qualifying Score in this category shall be 50%.

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REGISTRATION CRITERIA:

SI. No Score in each Recommendation


Score Sheet
1. Equal to or More Supplier is to be registered.
than 60%
(OVERALL)
2. <60% Not to be registered
(OVERALL)
Signatures of Vendor Registration Committee
a) ………………………..
b) ………………………..
c) ………………………..

CHECK LIST FOR INDIAN VENDOR: Registration Form

SL. Check-Point Yes/No


No.
1. Information against all points under "Organizational Information"
has been given.
2. All enclosures and supporting documents have been enclosed.
3. Are you an ISO 9001 accredited supplier?
4. If yes, have you enclosed "Table of Contents" of your Quality Manual and
copy of ISO 9001 accreditation certificate.
5. All the parts of the form & enclosures have been signed by Authorised
Signatory.
6. Have you attached EFT details? (In original, Certified by the bank)
7. If you are seeking registration for a MSME company (as per MSME Act
of Government of India), have you attached requisite certificate as per Act?

Date: Signature & Seal (Authorised Signatory)

Note: This check list is to be attached with the filled up Vendor Registration Form.
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DAMODAR VALLEY CORPORATION

NAME OF THE OFFICE : _____________________________ ADDRESS : ________


__________________________________________________
___________________

VENDOR REGISTRATION CERTIFICATE

Reference No. .............................................. Dated :

M/s………………………………………………
….………………………………………………..
….………………………………………………..
Phone No …………………………….. Fax ……………………………..
E-mail ……………………………………
Vendor Code …………………………………….

Registration No …………………………………….

Dear Sir,

With reference to your application dated ……………… we are pleased to inform you that
you have been enlisted as registered vendor for participation in the purchase process/works
tender conducted by DVC as and when required for the following items/stores/works/services.

NAME OF THE SPECIFICATION MONEYTORY LIMIT


MATERIAL / WORKS DESCRIPTION OF WORK

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This registration is valid for a period of THREE YEARS from the date of issue of the
registration certificate. DVC HAS THE SOLE DISCRETION TO TERMINATE THIS
REGISTRATION WITH THE DUE NOTICE TO YOU WITHIN THE CURRENCY OF THE
VALIDITY PERIOD.

Thanking you,

Yours faithfully,
for & on behalf of DVC

CHIEF MATERIALS MANAGER/ STATION CHIEF


ENGINEER/CHIEF ENGINEER

Note :

1. On expiry of the validity of the required statutory documents like factory license/NSIC
registration certificate/STCC/DGS&D Registration Certificate etc., please ensure to get
them renewed and furnish a copy of each from time to time.

2. Please submit your renewal application along with relevant documents before three
months of the expiry of this registration certificate.

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SECTION-XIII

PERFORMANCE EVALUATION

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SECTION-XIII: PERFORMANCE EVALUATION


1) Contractors Performance Evaluation
In order to have smooth progress of the work, there is a need for contractors who will
execute the job in time and as per stipulated specification quality in the Contract. In
order to ensure the same, a standard evaluation format has been framed. The Engineer
In charge will fill in the details as per format enclosed , which is to be signed by the
authorized representative of the Contractor (owner/proprietor/site in charge) . If the
contractor refuses to sign, the evaluation of engineer in charge will be final. The
performance rating as emerged out will be kept in the system.
In case Performance Rating obtained above is ‘Unsatisfactory’, twice consecutively,
the Contractor shall not be recommended for issue of tender enquiry for a period as
deemed fit not more than 2 years.
2. Format:
Format for Contractor’s Performance Evaluation
{Applicable for Housekeeping, Worker Intensive Activities & EPC Contract/New Project}
Monthly Performance Evaluation
1 Name of Work:
2 Work Order/ LOA Ref:
3 Name of Contractor:
4 Month of Performance Rating From………………to……………..

Description Max Marks


Marks Obtained
A Quality, Nos and Workmanship in Work: Maximum 45
Marks
Quality of manpower deployed
(As per the terms & condition of contract, NIT/Tender
Document, including literacy etc if any).
1 a. Skilled category, (Either ITI holder, HP welders, Fitters,
Gang head of erection team and / or selected by the
Engineer in Charge as per the experience and TEST
conducted). 05

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b. Unskilled category (Stress on literacy level, experience


and safety consciousness). 05
c. Trained & Experience Engineers/ qualified supervisor (BE/
Diploma holder and / or selected by EIC, knowledge/
relevant experience). 05
d. Deployment/ development of highly skilled specialist
technicians for critical jobs.(as and when required) 05
2 Strictly following quality guidelines, quality plan(QAP) and /
or checklist for each job, given by the Engineer In charge. 10
3 a. Repetition of job due to bad workmanship including defect
liability (frequency of occurrence & compliance for
rectification). 0 to (-) 15
b. Improper use of DVC facilities (Example: Leaving junction
boxes open after the job is over, keeping scrap, welding
rod, cable & wire etc.)
4 a. Maintaining cleanliness at workplace while working (use of
working trays, container etc.)
b. Proper handling of grease, oil etc. (proper container, no 06
spillage & Contamination etc.)
c. Cleaning the workplace including removal of scrap after
completion of the job, removal of debris etc.
5 Use of proper tools & tackles applicable for a particular job. 05
6 Training of contractor’s manpower at DVC training centre for
at least 02 hours per fortnight. 04
B Adherence to Time Schedule: Maximum 30 Marks
1 Availability of all tools & tackles (under the scope of
contractor) without any time delay 05
2 Mobilization of proper skilled & unskilled manpower without
any time delay 05
3 a. Completion of job/supply of materials within the time frame
specified in the contract (wherever available)/Project
Milestone and Schedule. 10

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b. Advance Scheduling of Jobs along with Engineer In charge


before start of the job. 05
4 Mobilization time taken to start the job at the beginning of the
contract after getting intimation from the Engineer In charge.
Promptness to call/start. 05
C Adherence to Safety : Maximum 15 Marks
1 100% Supply of PPE & Uniform as identified in contract for
workers. 05
2 Follow health and safety plan whatever layout by safety
deptt. time to time 02
3 Special care while working at heights. (Use of proper sized
platform / safety belts, nets etc). 02
4 Proper handling of material (while lifting heavy material at
height). (Example: Use of cage / basket , checking of winch,
crane, wire rope etc). 02
5 Periodic testing of lifting tools & tackles which are at the
contractor’s scope Inspection of Tools & Tackles before start
of work and during the execution of contract whenever
required. 02
6 Participation in Safety Awareness of the workers and
training given by DVC and safety related records. 01
7 Promptness and responsiveness during emergencies 01
8 Non-compliance of safety requirements (depends on Reports
issued for violation of safety) 0 to (-) 4
D Responsiveness : Maximum 10 Marks
1 Ability to respond positively for changes in scope, schedules,
manpower, providing scope and space to other contractors. 02
2 Availability of the contractor / site In-charge with adequate
authorization and powers for execution of job. Site In charge
response on Mobile/ Phone 02
3 Attending Telephone Calls both Land line and mobile for
24 x7 Hrs 02
4 Attending daily/ weekly/ monthly or other meetings 01
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5 Deployment of adequate and appropriate manpower from


time to time 01
6 Timely submission of Check lists etc. 01
7 Timely submission of Bills, invoices and other required
documents 01
E Statutory Compliances: 0 to (-) 30 Marks
1 Complaints received from the contract workers regarding
underpayment (less than statutory rates)/ Delayed Payment,
No payment) 0 to (-)10
2 No Record of release of PF to workers and / or complaints
received regarding the payment of PF. 0 to (-)10
3 Non Compliance of Statutory Compliances 0 to (-)5
4 Not obtained timely insurance coverage, ESI 0 to (-)5
5 Illegal disposal of waste oils, scrapes or any other hazardous
material 0 to (-)2
Total (A to E) 100
F Bonus Points : 10 Marks
1 Special initiative taken for the welfare of the contract workers 03
2 Showing interest to come out with suggestive innovative ideas. 03
3 To provide scope and space for the work of other agencies. 02
4 Response to DVC Tender Enquiries 02
5 Claims and dispute 0 to (-)3
TOTAL (A TO F) 110
G Total Marks obtained in the Month
Cumulative Marks up to Previous Month
Marks in this Month (Total A to F)
Cumulative Marks
Cumulative Marks obtained
Up to date Average Marks = ------------------------No of months
NOTE: In case of Up to date Average marks obtained above is 70 or below, the Contractor
shall not be Recommended for issue of tender enquiry for similar nature of work.

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Format for Contractor’s Performance Evaluation(DVC)


(To be firmed up by Indenting deptt. at the time of Contract proposal put up for Tech & Adm.
approval)
{Applicable for Overhauling, Housekeeping, Worker Intensive Maintenance Contracts}
Monthly Performance Evaluation
1 Name of Work:
2 Work Order/ LOA Ref:
3 Name of Contractor:
4 Month of Performance Rating From………………to……………..
Sl. Description Max Marks
No. Marks Obtained
A Quality and Workmanship in Work: Maximum 45 Marks
1 Quality of manpower deployed
(As per the terms & condition of contract, including literacy
level etc if any).
a. Skilled category, (Either ITI holder and / or selected by the
Engineer in Charge as per the experience and TEST
conducted). 05
b. Unskilled category (Stress on literacy level, experience
and safety consciousness). 05
c. Trained/ qualified supervisor (Diploma holder and / or selected
by Engineer in charge, knowledge/relevant experience). 05
d. Deployment/ development of highly skilled specialist
technicians for critical jobs.(as and when required) 05
2 Strictly following quality guidelines, quality plan and / or
checklist for each job, given by the Engineer In charge. 10
3 a. Repetition of job due to bad workmanship including
defect liability (frequency of occurrence & compliance
for rectification).
b. Improper use of DVC facilities (Example: Leaving 0 to
junction boxes open after the job is over etc.) (-) 15
4 a. Maintaining cleanliness at workplace while working
(use of working trays, container etc.)
b. Proper handling of grease, oil etc. (proper container,
no spillage & Contamination etc.)
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c. Cleaning the workplace including removal of scrap after


completion of the job, removal of debris etc. 06
5 Use of proper tools & tackles applicable for a particular job. 05
6 Training of contractor’s manpower at DVC training centre for at
least 02 hours per fortnight. 04
B Adherence to Time Schedule: Maximum 30 Marks
1 Availability of all tools & tackles (under the scope of
contractor) without any time delay. 05
2 Mobilization of proper skilled & unskilled manpower without
any time delay 05
3 a. Completion of job within the time frame specified in the
contract (wherever available) 10
b. Advance Scheduling of Jobs along with Engineer In
charge before start of the job. 05
4 Mobilization time taken to start the job at the beginning of
the contract after getting intimation from the Engineer In
charge. Promptness to call. 05
C Adherence to Safety : Maximum 15 Marks
1 100% Supply of PPE & Uniform as identified in contract
for workers. 05
2 Follow health and safety plan whatever layout by safety
deptt time to time 02
3 Special care while working at heights. (Use of proper sized
platform / safety belts etc). 02
4 Proper handling of material (while lifting heavy material at
height). (Example: Use of cage / basket etc). 02
5 Periodic testing of lifting tools & tackles which are at the
contractor’s scope Inspection of Tools & Tackles before start
of work and during the execution of contract whenever
required. 02
6 Participation in Safety Awareness of the workers and
training given by DVC and safety related records. 01
7 Promptness and responsiveness during emergencies 01
8 Non-compliance of safety requirements (depends on Reports 0 to
issued for violation of safety) (-) 4

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D Responsiveness : Maximum 10 Marks


1 Ability to respond positively for changes in scope, schedules,
manpower 02
2 Availability of the contractor / site In-charge with adequate
authorization and powers for execution of job. Site In charge
response on Mobile/ Phone 02
3 Attending Telephone Calls both Land line and mobile for
24 x7 Hrs 02
4 Attending daily/ weekly/ monthly or other meetings 01
5 Deployment of adequate and appropriate manpower from
time to time 01
6 Timely submission of Check lists etc. 01
7 Timely submission of Bills, invoices and other required
documents 01
E Statutory Compliances: 0 to (-) 30 Marks
1 Complaints received from the contract workers regarding 0 to
underpayment (less than statutory rates)/ Delayed (-)10
Payment, No payment)
2 No Record of release of PF to workers and / or complaints 0 to
received regarding the payment of PF. (-)10
3 Non Compliance of Statutory Compliances 0 to
(-) 5
4 Not obtained timely insurance coverage, ESI 0 to
(-) 5
5 Illegal disposal of waste oils, scrapes or any other 0 to
hazardous material (-) 2
Total (A to E) 100

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F Bonus Points : 10 Marks


1 Special initiative taken for the welfare of the contract workers 03
2 Showing interest to come out with suggestive innovative ideas 03
3 Participation in e-Tendering 02
4 Response to DVC Tender Enquiries 02
5 Claims and dispute 0 to
(-) 3
TOTAL (A TO F) 110
G Total Marks obtained in the Month
Cumulative Marks up to Previous Month
Marks in this Month (Total A to F)
Cumulative Marks
Cumulative Marks obtained
Up to date Average Marks = ------------------------ No of months
NOTE: In case of Up to date Average marks obtained above is 70 or below, the Contractor
shall not be Recommended for issue of tender enquiry for similar nature of work.

(Sign of Engineer-in-Charge) (Sign of Authorized Representative of Contractor)

Contractor’s Performance Rating


(To be filled by Concerned Engineer in charge and HOD)
1 Name of Work:
2 Work Order/ LOA Ref:
3 Name of Contractor:
4 Period of Performance Rating From…………............……to………................

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Sl. Up to date Average Marks Obtained Rating Rating


No. Obtained*
1 91 & above Very Good
2 81 – 90 Good
3 70 – 80 Satisfactory
4 Below 70 Unsatisfactory
* Write as applicable and put (X) which are not applicable

Recommendation Remark, (if any):

Engineer In charge:
Signature Name Designation

Head of Deptt:
Signature
Name
Designation

NOTE:
1. In case of Up to date Performance Rating obtained above is ‘Unsatisfactory’, the
Contractor shall not be recommended for issue of tender enquiry for a period as deemed
fit not more than 2 years.
2. Enclose all the monthly filled up and Jointly Signed Performance Evaluation Form.
3. The Above Performance Rating shall, generally, be given at the completion of contract
period including its extension if any. However, if required, in C&M, the same shall be
given during the execution of work.

(Sign of Authorized Representative of Contractor)

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SECTION-XIV

VENDOR REMOVAL

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SECTION-XIV: VENDOR REMOVAL


REMOVAL FROM THE LIST OF APPROVED/ KNOWN VENDORS/ ENLISTED CON-
TRACTORS, SUSPENSION AND BANNING OF BUSINESS DEALINGS WITH FIRMS &
CONTRACTORS:
1. Removal of the firm/contractor from the list of approved/known vendors/enlisted
contractors.
A firm/contractor is liable to be removed from the list of approved/known vendors/enlisted
contractors if, it is no longer considered fit to remain in such list:
1.1 Conditions for Removal:
Removal from the list of approved/known vendor/enlisted contractor may be ordered
by the
Project Chief Engineer/Chief Engineer /CMM, If a firm:-
(i) Makes any false declaration to Damodar Valley Corporation (DVC).
(ii) Claiming drawing double payment or submitting invoice for double payment for the
supply of same materials or carrying out the same job/work.
(iii) If the vendor is non-responsive against our enquires for consecutive three times.
(iv) Supplying defective materials and failure to replace the defective materials even
after reasonable extension is given to the firm for rectification/replacement of the
defective materials or carrying out defective/poor quality job, not conforming to
specifications of the contract and failure to rectify it within stipulated time.
(v) Fails to execute a contract or fails to execute it as per terms of contract
(vi) When the required technical staff or equipments are no longer available with the
vendor or there is change in the production line of vendor.
(vii) If the vendor is declared bankrupt or insolvent or its financial position has become
unsound and in the case of Limited Company, it is wound up or taken into liquidation.
(viii) Or any other misdeeds which may cause financial loss or commercial disadvantage
to DVC
1.2 Implications of Removal:
(i) Once removed, the name of a firm/contractor may not be included/registered unless
the competent authority is satisfied that the said firm/contractor should be included
in the list of approved/known vendors/enlisted contractor.
(ii) Tenders received from a firm, whose name has been removed from the list of
approved/known vendors/enlisted contractors, but has not been suspended/banned
may be given the same consideration as is given to bidders in an open tendering
process.

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1.3 Procedure for Removal from the list of approved/known vendor/enlisted contractor
The Concerned Project Head not below the rank of Chief Engineer/CMM, on receiving
complaints from concerned departments, shall pass appropriate Order for removal of
the firm/contractor from the list of approved/known vendors/enlisted contractors after
observing following procedure:-
(i) A Show Cause Notice will be issued by the afore stated authorities, indicating clearly
and precisely the charges/misconduct which should be based on facts as can be
proved as distinct from mere allegations.
(ii) The firm/contractors may be given a period of 30 days to submit their representations
if any, against the Show Cause Notice.
(iii) Thereafter, the appropriate orders for removal of the firm/contractor from the list
of approved/known vendors/enlisted contractors may be taken only after perusing
the representation of the firm/contractor, if any, received in reply to Show cause
Notice incorporating the reasons for taking such action.
(iv) In case no reply to show cause notice is received within 30 days, appropriate order
for removal of the firm/contractor shall be passed ex-parte.
(v) The orders must specifically mention the fact that the reply to the Show cause
Notice, if any, has been considered by the said authorities. The ex-parte order shall
contain the fact that the reply to show cause notice has not been received within
stipulated time.
(vi) The decision regarding removal shall be communicated to the firm/contractor
concerned by the authority passing in respect of removal.
(vii) Order in respect of removal will be circulated to all the deptt./offices / CVO of the
Corporation by the issuing authority. The decision of removal will be intimated to
Corporate IT Cell for removing the name from the web site.
1.4 Revocation:
An order for removal passed for a certain specified period shall be deemed to have
been automatically revoked on the expiry of that specified period. However, before
expiry of such specified period, an order of removal may be revoked provided the
competent authority passes appropriate order to this effect. The competent authority
in this case shall be higher than the authority passing the order of removal.
2. Suspension of Business Dealings with a Firm/Contractor:
Suspension of business dealings with a firm/contractor irrespective of whether it is
known/approved or otherwise may be ordered by the concerned Chief Engineer/Chief
Materials Manager (CMM), DVC, where pending full enquiry into the allegation, it is
considered not desirable that business with the firm/contractor should continue. Such
an order may be passed:

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(i) If the firm is suspected to be of doubtful loyalty to India;


(ii) If the Central Bureau of Investigation (CBI) or any other investigation agency
recommends such course in respect of a case under investigation.
(iii) If a prima-facie case is made out that the firm is guilty of an Offence involving moral
turpitude in relation to business dealings which, if established, would result in
business dealings with it being banned.
2.1 Procedure for Suspension of Business Dealings:
(i) A Show Cause Notice will be issued by the afore stated authorities, indicating clearly
and precisely the charges/misconduct which should be based on facts as can be
proved as distinct from mere allegations.
(ii) The firm/contractors may be given a period of 30 days to submit their representation
if any, against the Show Cause Notice or ex-parte after expiry of the notice period.
(iii) Thereafter, the appropriate orders for suspension of the firm/contractor may be
taken only after perusing the representation of the firm/contractor, if any, received
in reply to Show cause notice incorporating the reasons for taking such action.
(iv) In case no reply to show cause notice is received within a stipulated time, appropriate
order for suspension of the firm/contractor shall be passed ex-parte.
(v) The orders must specifically mention the fact that the reply to the Show Cause
Notice, if any, has been considered by the said authorities. The ex-parte order shall
contain the fact the reply to show cause notice has not been received within
stipulated time.
(vi) Order in respect of suspension will be circulated to all the deptt./offices including
CVO of the corporation by the authority imposing the suspension of business
dealings to firm/contractor.
2.2 Suspension as prelude to Banning:
The Competent Authority may suspend business dealings with the firm/contractor as
a prelude to banning after following the procedure as indicated in para 2.1. After issuance
of order in respect of suspension, a copy of such order along with self-contained note
and all relevant documents shall be forwarded to the Chief Vigilance Officer, DVC for
its observation within 15 days of issuance of suspension order prior to passing of
appropriate order regarding banning of business dealings with the firm/contractor.
2.3 Banning of Business Dealings with the Suspended firm/Contractor.
An order for suspension of business dealings with a firm/contractor implies that all
departments/offices of respective DVC establishments are forbidden from dealing with
that firm/contractor till its revocation.

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3. Banning of Business Dealings:


Banning of business dealings with a firm/contractor irrespective of whether it is
known/approved or otherwise may be ordered by the Senior Chief Engineer /Chief
Engineer /CMM, DVC subject to observation of Vigilance as per above para 2.2.
3.1 Grounds for Banning of Business dealings:
(i) If security considerations including question of loyalty to the state so warrant.
(ii) If there is strong justification for believing that the proprietor or employee or
representative of the firm/contractor has been guilty of malpractices such as Bribery,
corruption, fraud, sub situation of tenders, interpolation, misrepresentation, evasion
or habitual default in payment of any tax levied by law etc.
(iii) If the firm/contractor continuously refuses to return DVC dues without showing
adequate cause and DVC are satisfied that this is not due to reasonable dispute
which would attract proceeding in arbitration or court of law.
(iv) If the firm/contractor employs a government servant / DVC Officer, dismissed,
removed on account of corruption or employs a non-official convicted for an offence
involving corruption or abetment of such an offence, in a position where he could
corrupt DVC Officers
(v) Formation of price cartels with other suppliers/contractors/transporters with a view
to artificially hiking the prices.
(vi) Continuous failure to execute the job as per terms of the contract (thrice).
(vii) If the firm/contractor misuses the premises or facilities of the DVC, forcefully
occupies or damages the DVC’s property including land, water resources, forests/trees
or tampers with documents/records etc.
3.2 Procedure for Banning of Business Dealings:
User department or Engineer in charge will move the case which will be processed by
concerned Material Head/ Chief Purchase Officer and put up to TAA.
(i) A Show Cause Notice will be issued by the TAA indicating clearly and precisely the
charges/misconduct which should be based on facts as can be proved as distinct
from mere allegations.
(ii) The firm/contractors may be given a period of 30 days to submit their representation
if any, against the Show Cause Notice.
(iii) Thereafter, the appropriate orders for Banning of business dealings with the
firm/contractor may be taken only after perusing the representation of the
firm/contractor, if any, received in reply to Show Cause Notice incorporating the
reasons for taking such action.
(iv) In case no reply to show cause notice is received within stipulated time, appropriate
speaking order for suspension of the firm/contractor shall be passed ex-parte.
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(v) The orders must specifically mention the fact that the reply to the show cause
Notice, if any, has been considered by the said authority. The ex-parte order shall
contain the fact that the reply to show cause notice has not been received within
stipulated time.
(vi) Once the proposal for issuance of Notice of default is approved by the TAA, a
“Notice of Default” duly vetted by legal Deptt shall be issued by the TAA himself
or by a person authorised for the said purpose to the Agency giving them a period
of 30 (thirty) days to remedy the default.
In cases where investigation has been carried out by Vigilance Department or CBI
etc., the Notice of default will also be vetted by vigilance department before issuance.
If agency fails to remedy or take adequate steps to remedy the default to the
satisfaction of DVC within the Notice period mentioned above, the business dealings
shall be withheld with the Agency after approval of the TAA. The order of such
withholding of business dealings shall be communicated to the Agency (after vetting
by legal deptt.) by the TAA himself or by a person authorised for the said purpose.
vii) The entire process of banning be completed within 45 days from the date of show
cause notice.
viii) Where TAA is Board or Chairman approval from concerned Member to be obtained.
3.3 Banning order shall specify:
(i) The specific period (permanent, if required) for which it will be effective;
(ii) The names of all the Partners, Directors etc. of the firm and its affiliates.
(iii) A decision to withhold business dealings with any Agency for project awarded
contracts shall be restricted to such project only and for Head Quarters awarded
contracts, withholding shall apply throughout the company. The duration of withholding
the Agency shall be for a period of minimum 01 (one) year & maximum 03 (three)
years.
3.4 A copy of the order of banning business dealings with a firm/contractor will be forwarded
to the respective authorities for its communication to the firm/contractor concerned and
circulation to all the procurement/contract deptt. of DVC in the following manner:
(i) Orders in respect of all the Technical deptts. except Civil Engineering Deptt. will
be forwarded to the Chief Materials Manager, Kolkata for its communication and
circulation among the following:
a. Firm/contractor concerned
b. All the technical sections of Plants
c. All the offices under its control

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(ii) Orders in respect of Civil Engineering Deptt. will be forwarded to the Chief Engineer
(Civil), Maithon for its communication to the firm contractor concerned and circulation
among all the concerned deptt./offices.
(iii) Orders in respect of deptts., not falling under category (i) & (ii) above, will be
forwarded to the Additional secretary, Kolkata for its communication to the
firm/contractor concerned and circulation among concerned deptt./offices.
(iv) The respective authorities as above will also examine the provision of banning the
firm/contractor throughout the valley on obtaining feedback from the concerned
EDs regarding any critical issues with the firm/contractor unfit in process with any
DVC establishment which may have adverse effect if banning is done through out
the valley.
3.5 No contract of any kind whatsoever shall be placed with a banned firm/contractor
including its affiliates by any of the deptts./offices of DVC/particular establishment of
DVC as the case may be after the issuance of a banning order as per sl. no. 3.3 above.
Contracts concluded before the issue of banning order shall, however, not be affected
by the banning order. Particular care should be taken to see that the same firm/contractor
does not appear under a different name to transact business with DVC. Even in cases
of risk purchase, no contract should be placed on a banned firm/contractor.
The name of the vendor/supplier, who has been banned, be hoisted in the DVC Web
site by IT Cell Under captioned BANNED VENDOR.
3.6 Revocation
An order for banning of business dealings passed for a certain specified period shall
be deemed to have been automatically revoked on the expiry of that specified period.
However, before expiry of such specified period, an order of banning may be revoked
provided the Senior Chief Engineer/Chief Engineer /CMM, DVC passes appropriate
order to this effect with approval of one step superior than TAA, not above the chairman
for the interest of DVC with specific records in the file.
4. Effect of Banning
The agency, after issue of order of banning of business dealings, would not be allowed
to participate in any future tender enquiry and if the agency has already participated
in any tender process and the price bids are not opened, his techno-commercial bid
will be rejected and price bid will not be opened/returned unopened. However, where
the price bids of agency have been opened prior to order of banning, bids of the agency
shall not be rejected.

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5. Appeal against Banning Order


5.1 The concerned member {Member (Technical/ Secretary)} will be the Appellate Authority.
5.2 The vendor/ contractor may file an appeal against the order of the Competent Authority
on banning business deal etc. The appeal should be filed to the Appellate Authority.
Such an appeal should be preferred within one month from the date of issue of the
order banning business dealing etc.
5.3 Appellate Authority would consider the appeal and pass appropriate order which shall
be communicated to the vendor/contractor as well as to the competent Authority.

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SECTION-XV

NIT FORMAT

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SECTION-XV: NIT FORMAT

FORMAT FOR OPEN/LTE (WITH QR) TENDERING TO BE USED AS BID DOCUMENT


/ WEBSITE PUBLICATION AFTER DELETING THE NON-RELEVANT PORTIONS THE
SAME MAY ALSO BE USED FOR LTE AFTER DELETING THE NON-RELEVANT
PORTIONS

DAMODAR VALLEY CORPORATION


(ESTABLISHED BY THE ACT XIV OF 1948)

INVITATION FOR BID (IFB)

NAME OF THE PLANT/OFFICE ...........................................................................................

ADDRESS OF THE PLANT/OFFICE ....................................................................................

E-mail : ............................................
FAX : ............................................
Phone :...........................................
Tender No. ........................................ Dated : ................................

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1) Damodar Valley Corporation (DVC) invites bids on e-Tendering basis {Four envelopes,
i.e. Envelope1 (Documents in support of Cost of Bidding, Documents in support of Bid
Security and Integrity Pact) Envelope2 (Supporting documents for QR), Envelope3
(Techno-commercial Bid) & Envelope4 (Price Bid)} from eligible bidders for (Name of
Work) for (Name of Station) at (Place, District, State) state in the Eastern region of India
as per the Scope of Work mentioned hereinafter.
Earnest Money Deposit (EMD) :-
Cost of Tender Papers /Documents:
NIT Schedule

Sl. Particulars Date & Remark


No. Time
1 Publication of NIT https://etender.dvc.gov.in
2 Document Downloading date & Timing https://etender.dvc.gov.in
2 Date of Pre-bid Meeting Pre bid query shall be
submitted through e mail
3 Last date & Time of Uploading Envelope 2, https://etender.dvc.gov.in
Envelope 3 & all related supporting
documents and Envelope 4 online and also
the submission of original hard copy of all
the documents of Envelope1 offline.
4 Bid Opening Date & Time (Envelope1
offline)
5 Bid Opening Date (Envelope 2 , Envelope
3 and all related supporting documents
online) (only for those Bidders whose
Envelope1 satisfy the conditions as asked
in the NIT)
6 Bid Opening Date (Envelope 4 online) At a date
(only to for those Bidders whose be notified
Envelope1 satisfy the conditions as asked later on by
in the NIT and also are QR qualified and DVC.
techno commercial complied bids)
7 Last date for submission of Pre-bid query

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2) SCOPE OF WORK
The brief Scope of work is as under:
3) Detailed specification, scope of work and conditions are given in the bidding documents,
which are available for examination and sale at the address given below and as per
the schedule mentioned in AIFB.
4) All bids must be accompanied by Bid Security for an amount of Indian Rs. (Amount)
If the bid price is quoted fully or partially in foreign currency, the Bid security shall be
in US Dollars.
5) ANY BID NOT ACCOMPANIED BY AN ACCEPTABLE BID SECURITY DOCUMENTS
(IN THE FORM OF ORIGINAL BANK GUARANTEE, OR, AUTHORISATION LETTER
OF THE BIDDER MENTIONING TRANSACTION ID FOR PAYMENT THROUGH E-
PAYMENT GATEWAY)/ COST OF BID DOCUMENTS/ INTEGRITY PACT IN
ENVELOPE-1 SHALL BE REJECTED BY THE EMPLOYER AS BEING NON-
RESPONSIVE AND WILL NOT BE CONSIDERED FOR FURTHER OPENING.
6) QUALIFYING REQUIREMENT
The requirement should be mentioned here as per QR set by QR committee and
verification of document clause as per W&P Manual.
7) DVC reserves the right to reject any or all bids or cancel/withdraw the Invitation for bids
without assigning any reason whatsoever and in such case no bidder/intending bidder
shall have any claim arising out of such action.
8) In order to submit the Bid, the bidders have to get themselves registered with the portal
and should possess valid Digital Signature Certificate. The Registration of the Bidders
on the portal will be on-line and one time activity. The system will assign a unique user
ID for each Bidder which will be valid till for 1 or 2 year as the case may be. Service
Provider Fee as applicable will be borne by the bidder/tenderer and same may be
included with cost of Tender/Bid Document. In case where cost of tender document is
nil (Industries registered with NSIC/ Limited Tender etc.), Service Provider Fee is to be
taken from such participating bidder.
9) A complete set of Bidding Documents may be downloaded by any registered Bidder.
Downloading of Bidding Documents by any Bidder shall not construe that such Bidder
is considered to be qualified. Transfer of Bidding Documents downloaded by one
intending bidder to another is not permissible. For participating this e-tender, Bidder
have to pay the cost of the documents (non–refundable) as mentioned above either
in the form of a Demand Draft/Bankers Cheque drawn in favour of Damodar valley
Corporation payable at Kolkata / Head of the Accounts of respective projects, to the
(address of the Tender Inviting Authority). or “through electronic mode, i.e. through e-
payment gateway” and the Same (“Crossed Account Payee Demand Draft” or, “the
authorisation letter of the Bidder mentioning transaction ID for e-payment”) in Envelope-
1 should be received by DVC at the address given below during office hours, on or
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before the last date & time of Bid Submission/Uploading period. Bids (“Envelope-1
offline” & “Envelope2, Envelope3 & all related supporting documents and Envelope4
online” ) received by DVC after last date & time of Bid Submission/Uploading period
will not be considered at all and DVC authorities will not take any responsibility to accept
the same. If the day is declared a holiday by DVC, then these activities will be taken
up on the next working day at the same time schedule.
The names and designation along with e-mail address of two officers specially assigned
for receiving the hard copy of Envelope1 and for online receiving of Pre-bid queries as
well as for future correspondence are mentioned below:-
a. NAME, e-mail of two officers
No other person in the Office of the Executive Director (C&M) / Chief Engineer & HOP
/ Head of the Project other than those mentioned above is authorised to receive the
“hard copy of Envelope-1 or to grant receipts for the same delivered by hand” and “for
online receiving of Pre-bid queries as well as for future correspondence”.

10) DVC shall not be responsible in any way for any delay/ difficulties/ inaccessibility of the
downloading or uploading facility from the website for any reason whatsoever. In case
of any discrepancies found between the downloaded tender documents from the website
and the master copy available in the website www.tenderwizard.com/DVC, the latter
shall prevail and will be binding on the tenderer(s). No claim/appeal on this account
will be entertained or given cognizance.

11) Address for communication:

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INSTRUCTIONS TO BIDDERS (ITB)


1) All tenderers would be bound by the terms and conditions as detailed in tender
specifications by the DVC and enclosed GCC.
2) Once a set of tender specification is purchased/downloaded by a prospective tenderer,
the price thereof will not be refunded on any circumstances. Tender documents issued
in the name of a party is not transferable.
3) If any tenderer submits tender without purchasing a copy of the tender specification
of the DVC, their tender will be treated as irregular and will be rejected.
4) Orders placed by the Corporation will be guided by enclosed GCC and are also subject
to the following Terms & Conditions:-
TERMS & CONDITIONS
a) Unless agreed otherwise, the rates quoted by manufacturers must be (specify price
basis, firm/variable price) on FOR destination basis and in Indian Rupees and exclusive
of Customs, Import Duty (if applicable), sales tax, ED, F&I charges etc. These are to
be quoted in an explicit way. If the price quoted is the variable one, then it should be
guided as per terms mentioned in Optional Terms & Condition Clause No. 03. Rates
quoted for bought out items should be all inclusive price on F.O.R. Destination basis.
However, specific quantum of F&I charges, if any, to be spelt out clearly.
b) LD Clause and Risk Purchase Clause: It will be applicable as per Clause No. 13 of
GCC.
c) Supplies must be strictly in accordance with specifications and/or drawings, samples
etc. furnished or approved by the DVC. For any deviation in respect of technical
specifications and commercial terms and conditions whatsoever, suppliers will be
responsible. Bidders are requested to go through the Clause No. 06 of GCC before
submitting their offer.
d) Goods supplied will be subject to our inspection and approval before despatch and
also on arrival at the destination in case of payment against dispatch document through
bank or where stage inspection is required. Inspection before despatch will not however,
relieve the supplier of their responsibility to supply strictly in conformity with the
specification and or drawing samples etc. At least 15(fifteen) days clear notice should
be given to the Indenting Officer, for arranging inspection before despatch.
e) The supplier will be held responsible for the stores not being sufficiently and properly
packed at his expenses for transport by rail, road and sea or air; so as to ensure them
being free from loss or injury at their destination. This will apply to Ex-Godown offer
also.
f) Each bale or package delivered under our order shall at the expense of the supplier
be distinctly marked with description and quantity of contents with the consignee’s

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name and address with gross weight, with the name of supplier and with a distinctive
number or mark which is also to be shown for the purpose of identification of suppliers
packing account.
g) Each bale or package shall contain a packing note quoting the number and date of our
order showing its contains in detail. If any part or parts fails to deliver the desired result
or proved defective within the guarantee period i.e. within 12 months from the date of
commissioning or 18(eighteen) months from the date of supply, whichever is earlier
owing to defects in design or materials or workmanship, suppliers will have to replace
them free of cost.
h) In accepting the order suppliers are understood to accept to all responsibilities for any
infringement in registered design, trade mark, patent rights etc.
i) Arrangements for Transit insurance, where necessary, normally be made by DVC and
the name of the Insurance Co. will be communicated to supplier. If insurance be arranged
by Supplier without DVC’s prior written approval, expenses will not be met by DVC.
When insurance is arranged by DVC, goods are not be despatched until the name of
the Insurance Co. is communicated to the supplier.
j) Except where the Purchase Order specifies ‘Free delivery’, goods are to be delivered
at consignee’s store on ‘freight paid’ basis and in case of “freight to Pay” basis, freight
charges to be claimed against documentary evidence. Whenever freight to be paid for
each truckload, the same should be on full truck basis.
k) The advance payment, in exceptional cases, may be given to the extent of 10% of total
order value which will be interest bearing at prevailing SBI base rate plus 3.5% against
submission of a Bank Guarantee of 110% amount (on amount of advance) and not less
than 2 instalments and Bank Guarantee should have sufficient validity covering the full
delivery period of the consignment and final payment thereof. However rate of interest
should be applied for calculation of interest on the advance amount in reset basis (i.e.
not fixed rate of interest, it may go on changing during the period of advance remain
unadjusted) based on the change of base rate time to time.
l) Where a claim of Sales Tax/VAT is preferred and admitted, the supplier must satisfy
that he is a registered dealer under the Sales Tax Act and Possesses a Certificate of
Registration in the firm’s name in which the supply is made and shall in proof thereof,
while submitting bills for payment, furnish the number date and other particulars of such
Certificate.
m) Earnest Money: Tender must accompany an “Earnest Money” of Rs. …………. Earnest
money should be deposited in the mode as described in NIT. Tender without Earnest
Money in desired form will not be considered valid and therefore, be rejected.
n) Conditions of Forfeiture of EMD: As per Clause 4.0 of GCC will be applicable.

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5) SECURITY DEPOSIT-CUM-PERFORMANCE GUARANTEE


Applicable as per Clause No. 14 of GCC.
SSI Units registered with NSIC, under its single point registration scheme, are exempted
from depositing Security Deposit for ordering value upto the monetary limit for which
the unit is registered. Small-scale industries seeking such exemption must enclose
valid registration certificate from appropriate Govt. Authority giving details such as
validity, stores, monetary limit etc. failing which exemption will not be granted.
However, these SSI units will have to submit Performance Guarantee for the materials
to be supplied as per DVC norms and to be submitted before the despatch of materials
and no payment will be affected till the acceptance of the same.
6) DELIVERY REQUIRED :-
a) Materials to be delivered to consignee:
i) Within days of issuance of Purchase Order.
*ii) within days of date of drawing approval.
*Delete if it is not applicable for the tendered item. If the tendered item is to be supplied
on the basis of approved drawing only, clause No. (a) to be linked with Serial (ii) only.
The following needs to be inserted under this clause of NIT in filled up condition (to be
furnished by Indenting Officer along with the indent) in order to firm up the delivery
schedule and to identify the agency (DVC/Vendor) responsible for delay in delivery, if
any, on execution of the contract.
b) Drawing to be submitted to indenter for acceptance within days from date of issuance
of Purchase Order.
(‘Drawing’ means ‘Final Drawing’ which needs no further correction/alteration. Date of
submission of final drawing to be reckoned as the date of submission of drawing by
the vendor.)
c) Approval of final drawing to be given by the indenting officer to the vendor within days
from the date of submission of the same by the vendor.
d) Inspection call (email/Fax/Post) to be given by the vendor to the consignee/indenting
officer before fifteen (15) days of readiness of material for inspection/testing at their
works.
e) Inspector to be sent by the Consignee/Indenting Officer within 3(three) days of inspection
date as mentioned in the inspection call letter or within 7(seven) days of date of receipt
of inspection call letter whichever is later.
f) Dispatch clearance to the vendor to be given by the Indenting Officer through
email/Fax/Post within 5(five) days of date of inspection with a copy to consignee if not
issued by the Inspection Engineer after inspection.

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7) WARRANTY CLAUSE
Guarantee/Warranty Period as asked in indent.
8) Payment Terms:
(Details shall be provided here)
9) Evaluation Process:
(Details shall be provided here)
10) PAYMENT THROUGH RTGS/NEFT
All payments to the vendors will be released through RTGS/NEFT only. Vendors are
requested to submit the requisite details as per Annexure E.
11) CONTENT OF BIDDING DOCUMENTS
The facilities required, bidding procedures, contract terms and technical requirements
are prescribed in the bidding documents as mentioned in the following sections :
(Details of NIT documents shall be provided here)
12) Submit your tender in the following manner : Specify the number of envelopes (A, B,
C) alongwith the contents of the same in detail as per Tender Requirement (for one
part/two part).
13) CLARIFICATION ON BIDDING DOCUMENTS
a) A prospective Bidder requiring any clarification to the bidding documents may notify
the Employer only through e-mail/post to the two officers specially assigned for receiving
Pre-bid queries as mentioned in the IFB NIT Schedule up to the last date for submission
of Pre-bid queries. The
Employer will respond either in the Pre-bid discussion or as Pre-bid replies through
website to any request for clarification of the bidding documents. The Pre-bid conference
will take place at the communication address as given in the IFB. It will be assumed
that the information contained in the pre-bid replies will have been taken into account
by the Bidder in its bid.
Further, any modifications of the Bidding Documents which may become necessary as
a result of the pre-bid conference shall be made by the Employer exclusively through
an amendment to the bidding documents in the website only.
Non-attendance at the pre-bid conference will not be a case for disqualification of a
bidder.
b) The Bidder is advised to visit and examine the site where the facilities are to be installed
and its surroundings and obtain for itself on its own responsibility all information that
may be necessary for preparing the bid and entering into a contract for supply and
installation of the facilities. The costs of visiting the site shall be borne by the bidder
fully.
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c) The Bidder and any of its personnel or agents will be granted permission by the Employer
to enter upon its premises and lands for the purpose of such inspection, but only upon
the express condition that the Bidder, its personnel and agents will release and indemnify
the Employer and its personnel and agents from and against all liability in respect
thereof and will be responsible for death or personal injury, loss of or damage to property
and any other loss, damage, costs and expenses incurred as a result of the inspection.
14) AMENDMENT TO BIDDING DOCUMENTS
a) At any time prior to the deadline for submission of bids, the Employer may, for any
reason, whether at its own initiative, or in response to a clarification requested by a
prospective Bidder, amend the bidding documents.
b) The amendment will be notified only to the www.tenderwizard.com/DVC and will be
binding on them. It will be assumed that the information contained therein will have
been taken into account by the Bidder in its bid.
c) In order to afford prospective Bidders reasonable time in which to take the amendment
into account in preparing their bid, the Employer may, at its discretion, extend the
deadline for the submission of bids.
15) PREPARATION OF BIDS
a) LANGUAGE OF BID
The bid prepared by the Bidder and all correspondence and documents related to the
bid exchanged between the Bidder and the Employer shall be written in English language,
provided that any printed literature furnished by the Bidder may be written in another
language, as long as such literature is accompanied by a translation of its pertinent
passages in English language in which case, for purposes of interpretation of the bid,
the translation shall govern.
b) DOCUMENTS COMPRISING OF THE BID
Four envelope bidding procedure shall be followed for the Subject package as under:
(i) Envelope1 : Documents in support of Cost of Bidding, Documents in support
of Bid Security & Integrity Pact.
(ii) Envelope2 : Supporting documents for QR as asked in NIT.
(iii) Envelope3 : Techno-commercial Bid.
(iv) Envelope4 : Price Bid.
Techno-commercial bid should not contain any price content entry.
c) PERIOD OF VALIDITY OF BID
i. Bids shall remain valid for a period of 180 days from the closing date prescribed
by the Employer for the receipt of bids. A bid valid for a shorter period shall be
rejected by the Employer as being nonresponsive.
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ii. In exceptional circumstances, the Employer may solicit the Bidder's consent to an
extension of the bid validity period. The request and responses thereto shall be
made by e-mail. If a Bidder accepts to extend the period of bid validity, the validity
of bid security shall also be suitably extended. A Bidder may refuse the request
without forfeiting its bid security. A Bidder granting the request will not be required
nor permitted to modify its bid.
16) Before filling the offers, bidders are requested to go through the general conditions of
Contract, DVC in order to familiarize with DVC’s commercial terms & conditions, Cost
Compensations for deviations and bid evaluation procedure.
17) The Bidder is also advised to visit and examine the site where the facilities are to be
installed and its surroundings and will obtain on its own responsibility all information
that may be necessary for preparing the bid and entering into a contract for supply and
installation of the facilities. The costs of visiting the site shall be at the Bidder’s own
expense.
18) DVC reserves the right not to accept the lowest rate quoted by a Tenderer and reject
any or all the tenders and to split up and award the P.O. to more than one tenderer
without assigning any reason thereof and may also increase the number of tendered
quantities to be procured, as stipulated in NIT.
19) On receipt of formal Purchase Order in duplicate, one copy shall be returned to the
purchase order issuing authority duly acknowledged with signature, seal of the firm
with date as a mark of acceptance of the contract.
20) Unsigned offer submitted by any bidder will not be considered valid.
21) If anyone is not in a position to quote for any reason, please send ‘regret’ letter positively.
22) Offer submitted through FAX/E-mail will not be accepted.
23) MODIFICATION AND WITHDRAWAL OF BIDS:
The Bidder may modify or withdraw its bid (offline/online) after submission, provided
that written notice of the modification or withdrawal is received by the owner prior to
the deadline prescribed for bid submission. In no case cost of the bidding documents
will be refunded. The bidder’s modifications shall be prepared, sealed, marked and
despatched as per original offer with superscribing the bid envelopes “BID
MODIFICATIONS-ORIGINAL” and “BID MODIFICATIONS – COPIES”.
24) Original/ Self authenticate and attested by public notary of all relevant documents,
wherever needed to be produced before TC for verification. However, DVC reserves
the right to call for original document, if needed failing which the offer is liable for
rejection.
25) DVC shall not be responsible in any way for any delay/difficulties/ inaccessibility of the
downloading facility from the website for any reason whatsoever.

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26) The tenderers who are found to be indulging in changing /adding or deleting the contents
of the downloaded tender documents will be liable to face necessary action as deemed
fit including banning, suspension of business dealings etc.
27) In case of any discrepancies found between the downloaded tender documents from
the website and the copy available online (website) the latter shall prevail and will be
binding on the tenderer(s). No claim/appeal on this account will be entertained or given
cognizance.
28) Tenderers will be solely responsible for the correctness/genuineness of the downloaded
tender documents from the website. If the offer submitted through the downloaded
tender documents which are incomplete, or with changed contents, the offer will
summarily be rejected.
29) Offer submitted by the tenderers through fax/telegrams/e-mail will not be considered
valid.
30) A notarise power of attorney, indicating that the persons using the digital signature/ the
persons signing the bid has/ have the authority to sign the bid and that the bid is binding
upon the bidder during the full periods of validity.
31) Settlement of disputes and Arbitration: It will be guided as per Clause No. 33 of enclosed
GCC.
32) All suits arising out of the enquiry and subsequent Purchase Order if any, are subject
to the jurisdiction in the City of Kolkata only.

Chief Purchase Officer/Tender Inviting Authority


For & on behalf of Damodar Valley Corporation

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SECTION-XVI

GENERAL CONDITION OF CONTRACT

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SECTION: XVI- GENERAL CONDITIONS OF CONTRACT


1. DEFINITION:
The following terms and expressions used herein shall have the meaning as indicated
therein:-
Purchase Order/The Contract: Shall mean the documents forming the tenders and
acceptance thereof together with the documents referred to therein including the
conditions, specifications/Scope of Work, designs, drawings and instructions issued
from time to time by the Purchaser/ Owner and all these documents taken together
shall be deemed to form one contract.
Applicable Law : This contract including all matters connected with this Contract shall
be governed and construed in accordance with the Indian Law both substantive and
procedural and shall be subject to the exclusive jurisdiction of Indian courts at Kolkata
{South 24- Parganas, New Alipore Court(India)}.
Contract Price: It means the total price to be paid for the supply of materials/goods/
services to the consignee.
Supplier/Vendor/Contractor: Shall mean the registered individual firm, Company or
Corporation whether incorporated or otherwise to whom the Purchase Order/Work
Order/LOA/LOI is addressed and shall include its permitted assigns and successors.
Purchaser/Owner: Shall mean Damodar Valley Corporation, a statutory body established
under
Act No. XIV of 1948 of GOI having its Corporate Office at DVC Towers, VIP Road,
Kolkata -700 054.
Party: It means the owner or the bidder, as the case may be, and ‘Parties’ means both
of them.
Sub-Vendor/Sub Contractor : Shall mean the person/organization/firm named in the
Purchase Order/Contract for any part of the material/works to whom that part of the
Purchase Order/Contract has been sublet by the vendor with the consent in writing of
the ‘Owner’ and will include the legal representatives, successors and permitted assigns
of such person.
Equipment/Stores/Materials: Shall mean and include equipment, stores & materials
to be supplied by the vendor under the contract.
Specification/Scope of Work : Shall mean the Specifications and Bidding documents
forming a part of the contract and also such other schedules and drawings furnished
by purchaser/owner and or as may be mutually agreed upon.
Guarantee/Warranty Period: Shall mean the period during which the vendor shall remain
liable to repair or replacement of any defective part of the Stores/Equipment/Materials
supplied/works executed under the contract.

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Any other definition of any term/item etc. can be added under the head definition
as per suitability of package and the same is to be decided by TIA.
2. REFERENCE:
The number of the concerned Purchase Order/Work Order/LOA/LOI/LOI-cum-Work
Order must appear on all correspondence, drawings, invoices, packing and shipping
documents and on all documents or papers connected with the Contract.
3. SPECIFICATIONS AND DRAWINGS:
3.1 Any information, details etc. called for in the specification and not shown in the drawings
and vice-versa shall have the same effect and meaning as if called for and shown both
in the specification and drawings. In case of conflict between the specifications and
drawings, the decision of the Purchaser/owner or his duly authorized representative
shall be final and binding.
4. STANDARDS :
The goods/materials supplied under this contract shall conform to the standards
mentioned in the Technical Specification, and, when no applicable standard is mentioned,
the authoritative standard appropriate to the goods/materials issued by the concerned
institution and such standard shall be the latest.
4.A CONDITIONS FOR FORFEITURE OF EMD:
The EMD may be forfeited
1. For failure of tenderers to accept the order / LOI / LOA placed within the validity
period of their offer,
2. Any bidder withdraws/varies his offer within the bid validity period before finalisation
of the tender.
3. If the bidder does not accept the arithmetical correction of its bid price.
4. For failure to submit security cum performance BG within 30 days from the last day
of the specified time limit as stipulated in the PO/LOI/LOA/LOI-cum-Work Order.
5. If the acceptance of order is not received within the stipulated period.
6. If the Bidder does not withdraw any deviation listed in Statement of Deviations at
the cost of withdrawal indicated by him,
7. If the Bidder refuse to withdraw, without any cost to the Owner, any deviation not
listed in Statement of Deviations but found elsewhere in the Bid,
8. On providing false or incorrect information in respect of qualifying requirement etc.
9. In case the L1 bidder for any item fails to produce the documents within the specified
period of 10 days in case of domestic tenders and 15 days in case of global tenders,
or if any of the information furnished by L1 bidder on-line is found to be false by
the Tender Committee during verification of documents.
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5. DISCREPANCIES IN THE BID &TREATMENT THEREOF:


The bids shall also be checked for computational error, if any, to arrive at the computed
price, as per provisions in the following:
• In case of discrepancy between the original and copies of bid, the original bid will
be considered correct.
• If there is a discrepancy between the unit price and the total price, which is obtained
by multiplying the unit price and quantity of any item, or between sub-total and the
total price, the unit or sub-total price shall prevail, and the total price shall be
corrected accordingly.
• If there is a discrepancy between words and figures, the amount in words will
prevail.
• If there is a discrepancy between the quantity specified by DVC in the bidding
document and that indicated by the bidder in his bid, the former shall be taken to
arrive at the computed price on pro-rata basis.
• In case the unit rate of an item is not quoted but the total price is indicated, the
same shall be taken to arrive at the computed price. The computed price arrived
at, as above, shall be considered for the purpose of award also.
• If the bidder does not accept the correction of errors as worked out by above
methodology, its bid will be rejected and the earnest money will be forfeited.
6. COST COMPENSATIONS FOR DEVIATIONS :
(i) Deviations specifically declared by the bidders in the respective Deviation Schedules
of as per Annexure C (to be submitted along with techno-commercial offer) and
respective cost of withdrawal of such deviation as per Annexure D (to be submitted
along with the price bid) only will be taken into account for the purpose of evaluation.
The bidders are required to declare the prices for the withdrawal of the deviations
declared by them in the Deviation Schedules. Such prices declared by the bidders for
the withdrawal of the deviations in the Deviation Schedules shall be added to the bid
price to compensate for these deviations. In case prices for the withdrawal for declared
deviations are not furnished by the bidder, their offer will be considered as unresponsive
and will be rejected. In case the bidder refuses to withdraw the deviations at the cost
of withdrawal indicated by the bidder in the Deviation Schedules, the bid Security /
EMD of the bidder may be forfeited.
Bidders may note that deviations, variations and additional conditions etc. found
elsewhere in the bid other than those stated in the Deviation Schedules, save those
pertaining to any rebates, shall not be given effect to in evaluation and it will be assumed
that the bidder complies to all the conditions of Bidding Documents. In case bidder
refuses to withdraw, without any cost to the Owner, those deviations which the bidder
did not state in the Deviation Schedules, the bid security of the bidder may be forfeited
and the bid is liable for rejection.
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Bidders are requested to quote the technical parameters/ guaranteed technical particulars
of the quoted item as per specification sheet/booklet enclosed with the bid document.
(ii) Bidders are requested to offer their commercial terms and conditions as per Annexure-
A attached herewith.
(iii) Manufacturers are requested to offer their pricing as per Annexure - B attached herewith.
7. INSPECTION / CHECKING / TESTING :
All materials/equipments manufactured/supplied by the vendor against the Purchase
Order/contract shall be subject to inspection, check and/or test by the Purchaser or his
authorised representative. All these tests shall be carried out in the presence of Owner
and/or his authorized representative. Vendor shall notify the Purchaser at least 15 days
in advance when the material / equipment is ready for inspection. If upon delivery, the
material / equipment does not meet the specifications / samples, the material / equipment
/ spares shall be rejected and vendor to be intimated for necessary repairs / modification
etc. or for replacement. In such cases all expenses including to-and-fro freight, repacking
charges etc., if required, shall be to the account of the vendor.
Inspection by Purchaser and / or his authorized representative or failure by the Purchaser
and/or his authorized representative to inspect the material / equipment shall neither
relieve the Vendor of any responsibility or liability under this Purchase Order / contract
in respect of such material / equipment nor be interpreted in any way to imply acceptance
thereof by the Owner.
Whenever specifically asked for by the Owner/Purchaser and/or his authorized
representative, the Vendor shall arrange for inspection/testing by the Owner or third
party authorised agencies as stipulated in the Purchase Order / contract. In such cases
Vendor shall adhere to the inspection / testing procedure laid down by such agencies.
All expenses including inspection fees shall be to the Purchaser account unless agreed
to the contrary and specified in the Purchase Order/contract.
8. ACCESS TO VENDOR’S PREMISES :
The Owner and/or his authorized representative shall be provided access to Vendor’s
and/or his sub-vendor’s premises at any time during the pendency of the Order/contract
for expediting inspection, checking etc. of work.
9. TRANSIT INSURANCE & REMOVAL OF REJECTED GOODS AND REPLACEMENT;
The items to be supplied have to be covered by Insurance during transit from vendors
works / site / godown upto the consignee’s respective project/formation/ store. It is
mandatory to avail DVC’s Open Insurance Policy for all concerned for all O&M Projects
and all other installations.
In Turnkey Project Contracts, the bidders have to supply materials / equipment from
the vendors approved by DVC (which may also include the bidder as manufacturer of
the product), which is normally firmed up after placement of order. The quoted freight
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& insurance charges for this purpose are, therefore, irrespective of the vendors and
geographical locations of their works. The bidder is, therefore, entitled to the fixed
freight & insurance charges and no documentary evidence in support of the claim may
be insisted upon and hence Mega Risk Policy would not be applicable for them.
9.1 If upon delivery to consignee’s go-down, whether inspected and approved earlier or
otherwise, the material / equipment is not found in conformity with the specifications,
the same shall be rejected by the Purchaser or his duly authorized representative and
notification to this effect will be issued to the Vendor normally within 30 days from the
date of Receipt of the material at the Works / Site / consignee’s end.
The Vendor on receipt of notification shall arrange removal of the rejected items within
15 days from the date of notification at his own cost. In the event the Vendor fails to
lift the materials within the said 15 days, the consignee or his authorised representatives
without any further notice or information to the vendor, shall be at liberty to dispose of
such rejected items in any manner as he may think fit. All expenses shall be recoverable
from the Vendor.
9.2 In the event, the equipment and materials or any portion thereof are damaged or lost
during transit, the consignee or his authorised representatives shall give notice to the
Supplier/vendor detailing the particulars of such equipment & materials damaged or
lost during transit. The replacement of such equipment and materials to be effected by
the supplier / vendor free of costs including handling and transportation charges upto
site, within a reasonable time.
10. TERMS OF PAYMENT (Only relevant payment term applicable as per type of
package/tender should be included in the tender/bid document)
For purchase order involving supply only, payment terms will be as below:
100% payment alongwith full taxes & duties will normally be made by the purchaser/Owner
to the Vendor through A/C Payee Cheque /RTGS within 15 working days from the date
of receipt of material at site and after inspection & acceptance thereof or from date of
receipt of invoice whichever is later. The consignee would arrange for inspection of the
supplied items. All documents relating to payment would be checked and verified and
to be passed by the concerned Accounts Office before effecting payment, with reference
to the P.O./ LOI /LOA.
However, payment terms for POs placed directly on manufacturer /authorised dealer
may also be done as below:
90% of the ordered value to be paid against despatch documents through bank subject
to prior acceptance of SDBG, if applicable. Balance 10% of the ordered value to be
paid after receipt of materials at site and acceptance thereof.
Provision of part payment against part supply of consignment at consignee’s end may
be incorporated in Purchase order on the merit of the case (only if the part consignment
can be used independently), provided necessary stipulation is made in the bid document.
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The payment terms for any works/service contract may be regulated as below:
90% of contract price for works/service contract against RA bills. This also includes
initial advance, if any. Remaining 10% after completion of the contract.
The payment terms for supply and erection & commissioning for any Turnkey
contracts/packages may be regulated as follows:
1) Supply portion only:
70% of the Ex-works price /ordered value of supply (of bought out items also) with full
taxes and duties as applicable after adjustment of advance, if any, will be paid against
proof of despatch (viz. R/R, L/R) , detailed invoice / packing list, warranty certificate,
test certificate, insurance policy / certificate, dispatch clearance .
20%of the Ex-works price / ordered value of supply (in case of bought out items also)
after receipt of the materials and inspection and acceptance at site. Remaining 10%
after complete erection and commissioning & testing and handing over.
However, for spares, balance 30% shall be paid after receipt of materials and inspection
& acceptance at site.
2) Erection & Commissioning :
90% of contract price for Erection & commissioning against RA bills. This also includes
initial advance, if any. Remaining 10% after complete erection and commissioning &
testing and handing over.
3) Payment terms in respect of imports will be regulated as below :
100% FOB price less Indian Agency Commission in Rs, if any, shall be paid against
presentation of shipping documents as called for in the purchase order through irrevocable
LC. The Indian Agency Commission in Rs, if any, shall be paid within 30 days of receipt
of material at the consignee end.
11. ADDITIONS / ALTERATIONS / MODIFICATIONS:
The Owner reserves the right to make additions/reduction/ alterations/ modifications
to the quantity of the items in the Purchase Order. The Vendor shall supply such
quantities also at the same rate as originally agreed to and incorporated in the Purchase
Order. If, however, the additional supply is at variance with design, size and specifications
and not already covered by the Purchase Order or the amendments therein, the rates
for such additional supply shall be negotiated and mutually agreed upon.
12. DELIVERY SCHEDULE / COMPLETION PERIOD:
Time is the essence of this contract and normally no variation shall be permitted in the
completion time/delivery schedule mentioned in the Order/contract unless an amendment
in this regard is issued by DVC. Time extension may be issued on specific request/reason
provided such request is communicated to the Order Issuing Authority before the expiry
of the stipulated delivery schedule/completion period. Date of delivery of materials/goods
is to be reckoned as the date of receipt of same by the consignee.
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13. LIQUIDATED DAMAGES FOR DELAY IN DELIVERY /COMPLETION OF WORKS:


13.1 The time remains the essence of any contract/ purchase order awarded by DVC and
all supply under a Purchase Order/all deliverables under a Work Order needs to be
completed within the stipulated time schedule.
The Contractor shall commence work on the Facilities from the date of Notification
of Award. The Contractor shall thereafter proceed with the Facilities in accordance
with the time schedule specified in Time Schedule to the Contract Agreement.
Therefore, the provision has been kept in the contract that in case of delay in
completion/delivery, for the reasons attributable to the contractor/ vendor, owner
reserves the right to recover from the contractor/vendor, a sum equivalent to 0.5% of
the value of the delayed materials / equipment / spares / work for each week of delay
and part thereof subject to maximum of 5% of the total value of the order as Liquidated
Damage (LD).
In cases, where the works/supply/services extend beyond the contractual completion
schedule/delivery period and provisional extension order is issued without deciding
on the application of LD, no amount from the RA bill will be deducted as “withheld LD”
amount in case where adequate retention payment (over and above SD) remains with
DVC as per terms of the contract.
13.2 Alternatively, the Purchaser reserves the right to purchase / outsourced the material
/ spares / equipment / works / service from elsewhere at the sole risk and cost of the
Vendor and recover all such extra cost incurred by the Purchaser in procuring the
material/ works/service by the above procedure.
13.3 Alternatively, the Purchaser may cancel the Order/contract completely or partly without
prejudice to his right under the alternatives mentioned above.
13.4 In the event of recourse to alternative 13.2 and 13.3 above, the Purchaser will have
the right to re-purchase/ outsource the stores/works &service, to meet urgency in
requirement caused by Vendor’s failure to comply with the schedule of delivery/
completion of the work, irrespective of the fact whether the materials/
equipment/works/service are similar or not.
14. SECURITY DEPOSIT-CUM-PERFORMANCE GUARANTEE:
• Security Deposit may be given in the form of BG of 10% ordered value or10% ordered
value in Advance in the form of Bank Draft.
• No Security Deposit-cum-Performance Guarantee is required for contract value upto
Rs. 10 lacs.
At the discretion of Tender Inviting Authority for any site packages/procurement upto
Rs. 100 lacs /, security deposit may be recovered as Pro-rata deduction @ 10% from
the running bill/submitted invoice.

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• Pro-rata deduction @ 10% is also allowed as SD for scheduled upward variation on


account of variation of scope/quantity/price for any value of contract irrespective of
instrument used for original SD.
For all other cases, the successful tenderer will have to deposit as security, for satisfactory
execution of the order, and for guaranteed performance of the supplied item/executed
works or services for an amount equivalent to 10% of the ordered value in the form of
Bank Guarantee (as per DVC format) within 30 days from the date of issuance of
Purchase Order/Work Order, from any Nationalised / Scheduled Bank and it should
have validity initially for 18 months from the date of execution of BG plus 6 months
claim period thereafter. The said BG should be extended suitably covering the entire
warranty period plus 6 months claim period after despatch of materials.
For turnkey projects/project contracts, this SDBG should have the validity covering the
entire warranty/guarantee period plus six months claim period thereafter and to be
submitted within 30 days of issuance of W.O. / LOA / LOI.
The amount so deducted /accepted as SD to be refunded to the bidder after completion
of warranty/guarantee period as mentioned in the contract.
No payment, whatsoever will be made till the acceptance of SDBG/deposit of initial SD
as the case may be as per the terms of the contract.
In case banks refuse to issue BGs having Claim Period separately, the validity period
of those BGs may be taken as warranty period plus six months.
However, for ordered value above RS. 100 lakhs, Security Deposit in the form of Bank
Guarantee shall only be acceptable.
SSI Units registered with NSIC, under its single point registration scheme, are exempted
from depositing Security Deposit for ordering value upto the monetary limit for which
the unit is registered. Small-scale industries seeking such exemption must enclose
valid registration certificate from appropriate Govt. Authority giving details such as
validity, stores, monetary limit etc. failing which exemption will not be granted.
However, these SSI units will have to submit Performance Guarantee for the materials
to be supplied
as per DVC norms and to be submitted before the despatch of materials and no payment
will be effected till the acceptance of the same.
In case of acceptance of SD in the form of Demand Draft or pro-rata reduction from
running bills/submitted invoices, the amount so accepted/deducted as SD may be
refunded to the vendors after submission of acceptable BG of equivalent amount valid
till expiry of warranty/guarantee period plus six months claim period or valid covering
warranty/guarantee period plus six months.

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15. PATENT RIGHTS:


Royalties and fees for patents covering materials/equipment/ spares or processes used
in executing the work shall be to the account of the Vendor. The Vendor shall satisfy
all demands that may be made at any time for such royalties and fees and he alone
shall be liable for damages, infringement and shall keep the Purchaser indemnified in
that regard in the event of any equipment / spares / material or part thereof supplied
by the Vendor is involved any suit or other proceedings held to constitute infringement
and its use is enjoyed, the Vendor shall, at his own expenses, either procure for the
Purchaser the right to continue the use of such equipment/spares/material replace it
with a non-infringing material / spares / equipment or modify it so it become non-
infringing.
16. FORCE MAJEURE:
Vendor shall not be considered in default if delay in delivery occurs due to causes
beyond his control such as acts of God, natural calamities, civil wars, fire, strike, frost,
floods, riot and acts of unsurpassed power. Only those causes which have duration of
more than seven (7) days shall be considered cause of force / calendar majeure. A
notification to this effect duly certified by the statutory authorities shall be given by the
Vendor to the Owner within 10 days from the date of such Force Majeure condition by
registered letter. In the event of delay due to such causes, the delivery schedule will
be extended for a length of time equal to the period of force majeure or at the option
of the Owner the order may be cancelled. Such cancellation would be without any
liability whatsoever on the part of the Owner. In the event of such cancellation, the
Vendor shall refund any amount advanced or paid to the Vendor by the Purchaser and
deliver back any materials issued to him by the Purchaser and release facilities, if any,
provided by the Purchaser. However, applicability of Force Majeure Clause in respect
to a particular contract in the above backdrop is to be decided by Tender Accepting
Authority.
17. CANCELLATION/SHORT CLOSURE:
The Owner may terminate/short close the contract, by not less than 30 days’ written
notice to the bidder, to be given after occurrence any of the events specified in the Sl.
No. (a) to (e) of this clause and 60 days in the case of the event referred to Sl. No. (g),
(h) & (f) below :
a) The Vendor fails to comply with any of the terms of the Order or the bidder do not
remedy a failure in the performance of their obligations under the Contract, within thirty
(30) days after being notified or within any further period as the Owner may have
subsequently approved in writing.
b) The Vendor becomes bankrupt or goes into liquidation.
c) If as a result of Force Majeure, the Bidder is unable to supply a material for a period
of not less than 60 days.

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d) If the Bidder, in the judgment of the Owner has engaged in corrupt or fraudulent practices
in competing or in executing the Contract. For the purpose of this clause:
e) “Corrupt Practice” means the offering, giving, receiving or soliciting of any thing of
value to influence the action of a public official in the selection process or in contract
execution.
f) “Fraudulent Practice” means a misrepresentation of facts in order to influence a selection
process or the execution of a contract to the detriment of the Owner.
g) The vendor is otherwise precluded from complying with any of the terms of the order
on account of any directives of any lawful authority.
h) If the Owner, at its sole discretion, decides to terminate this Contract.
DVC reserves the right not to issue tender documents to any intending bidders with
whom
DVC has stopped entering into business by virtue of policy decision.
18. OWNER SUPPLIED MATERIALS (OSM):
In turnkey contracts/Work contracts, there are occasions where DVC supply some of
the materials/equipment to the contractor free of cost or with cost, for erection. The
contractor shall arrange proper storing and insure against all risks for such OSM. The
contractor shall furnish indemnity bond for the total value of OSM.
19. RECOVERY OF EXCESS CONSUMPTION:
Rate of recovery (for excess consumption of OSM exceeding allowable wastage) for
OSM may be determined on the basis of latest PO with storage charge (wherever
incurred) / 15% service charge and price variation, wherever applicable (only positive
variation to be considered without any ceiling) as on date of commissioning of OSM
after erection.
The contractor may be allowed to replenish the excess consumed materials from the
sources approved by DVC. However, if the OSM has to be issued through additional
procurement on demand of the contractor because of excess consumption of his/their
part, replacement of such additional quantity may not be allowed at the discretion of
DVC and the same will be recovered as per procedure described above. In case penal
recovery is considered to be expedient in respect of any critical equipment, the same
shall be provided in the contract/bid document only after obtaining approval of
HOD/Director.
In case of issuance of any Tools and Plants, the contractor should return the same in
as received condition.
For civil item the recovery of excess consumption of material may be adopted as per
prevalent CPWD Specification/Norms.

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20. CHANGES IN CONSTITUTION OF BUSINESS:


In the event of change in constitution of business of the contractor after issuance of
contract due to merger/acquisition/any other reasons, the newly formed entity shall be
equally held responsible to fulfil the contractual obligation. This is notwithstanding
anything contained in NIT or subsequent LOI / LOA / GCC or any other document
issued or provisions contained in any other Rules / Acts / Legislation.
21. WAIVER :
Any waiver by the Owner of any breach of the terms and conditions of the Order shall
not constitute any subsequent breach of the waiver of any other right or conditions.
22. COMPLIANCE OF REGULATIONS:
The Vendor shall warrant that all Goods and/or services covered by this Purchase
Order/ contract shall have been produced, sold, dispatched, delivered, tested and
commissioned in strict compliance with all applicable laws, regulations including industries
(Development & Regulations) Act, 1951 & Industrial Dispute Act, 1947 and any
amendments there under, labour agreements, Safety rules and PF compliance, working
conditions and technical codes and requirement as applicable from time to time.
All laws, rules and regulations required to be followed in execution of the order / contract,
must be complied with. The Vendor should execute and deliver such documents as
may be needed by the Purchaser/ owner in evidence of compliance. Any liability arising
out of contravention of any of the laws on executing this order shall be the sole
responsibility of the Vendor and the Owner shall not be responsible in any manner
whatsoever.
23. SUB-LETTING & ASSIGNMENT:
The Vendor shall not sub-let or assign any part of this Purchase Order/ contract to any
other vendor/agency without the prior written consent of the Purchaser / owner. Such
assignments or sub-letting or transfer shall not relieve the Vendor from any obligation,
duty and responsibility under this Purchase Order / contract. Any assignment, transfer
or sub-letting without the prior written approval of the Owner shall be void. The Purchaser
/ owner shall have the right to cancel the order/contract and to purchase the goods/services
from elsewhere and the supplier/vendor shall be liable to the Purchaser / owner for any
loss or damage which the Purchaser / owner may sustain in consequence or arising
out of such purchase and the Vendor shall indemnify such loss or damage to the Owner.
24. VENDORS DRAWING & DATA :
All Drawings, data and documentation in respect of the ordered items are an integral
part of the Purchase Order / contract. The Vendor will furnish all such drawings, data
and documentation to the Purchaser / owner. Purchaser / owner will specify the schedule
for submission of these documents by the Vendor and the required number of copies.
The vendor shall ensure strict compliance to this schedule.

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25. INFORMATION PROVIDED BY THE PURCHASER /OWNER:


All Drawings, data and documentation that are given to the vendor by the Purchaser /
owner for the execution of the Order / contract shall be the property of the Purchaser
/ owner and shall be returned by the Vendor on demand by the Purchaser / owner. The
Vendor shall not make use of any of the above documents for any purpose at any time
except for the purpose of executing the Order / contract of the Purchaser / owner. The
Vendor shall not disclose any of the information given by the Purchaser / owner to any
person, firm, corporate body or authority and shall make all endeavours to ensure that
the above information is kept confidential. All such information shall also remain the
absolute property of the Purchaser/owner.
26. MODIFICATIONS :
This order constitutes an entire agreement between the parties hereto. Any modifications
to this Order shall become binding only upon the same being confirmed in writing duly
signed by both the parties.
27. GUARANTEE / WARRANTY:
27.1 The Vendor shall warrant that all material / equipment / services supplied under this
Order / contract shall be new, unused and conform to the Purchasers / owners
requirements and specifications. The Vendor shall guarantee the material / equipment
/ services under this Order for a period of 18 months from the date of delivery or 12
months from the date of commissioning whichever is earlier.
For turnkey contracts, Guarantee / Warranty period is to be considered as 12 months
from the date of commissioning of the same irrespective of date of delivery. The date
of delivery to be reckoned as the date of receipt of the material by the consignee. The
Vendor shall agree to replace any material, which has been proved defective or fails
to conform to the desired specifications free of cost to the Purchaser within the
Guarantee/Warranty Period. The guarantee period for such replaced part shall be the
same as that of equipment / materials specified earlier.
27.2 Checking / approval of vendors drawings, inspection and acceptance of material /
spares / equipment / furnishing to effect shipment and / or work done for erection,
installation and commissioning of the equipment by the Purchaser/owner or any other
agency on behalf of the Purchaser / owner shall not in any way relieve the Vendor
from the responsibility for proper performance during the guarantee period.
27.3 Service contracts like hiring of vehicle / Insurance / consultancy / Clearing & Forwarding
services etc and other consumable items like stationeries, printing of matter etc. are
beyond the purview of Warranty Clause.
However, before floating of enquiry, Indentor / TIA at his discretion and depending on
the technical intricacies of the procurement of goods and services may decide on the
period of warranty / guarantee.

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28. DEMURRAGE / WHARFAGE:


In cases where documents are negotiated through Bank, any consequential charges
e.g. demurrage / wharfage charges, due to late retirement of documents on account
of (i) violation of the inspection clause, (ii) material despatched after expiry of delivery
period without obtaining approval in advance for extension of delivery period (iii) despatch
of materials not as per schedule mode of despatch by approved transporters as per
P.O/contract. (iv) late receipt of invoice or due to violation of any other clause/clauses
of the purchase order will be to the Vendors account. Supplier would also be responsible
for all such payment due to late receipt of RR/LR and other documents.
29. GRAFTS / COMMISSION:
Any graft, commission, gift or advantage given, promised or offered by or on behalf of
the Supplier or his partner, agent officers, director, employee or servant or any one on
his or their behalf in relation to the obtaining or to the execution of this or any other
Contract with the Owner, shall in addition to any criminal liability which it may incur,
subject the Supplier to the cancellation of this and all other Contracts and also to pay
for any loss or damage to the Owner resulting from such cancellation. The Owner shall
then be entitled to deduct the amount so payable from any money otherwise due to
supplier.
INTEGRITY PACT :Vendors/contractors are required to unconditionally accept
the “Integrity pact” (executed in plain paper) as per format furnished by DVC
30. GOVERNING LAW
The Contract shall be governed by and interpreted in accordance with laws in force in
India. The Courts of Kolkata shall have exclusive jurisdiction in all matters arising under
the Contract.

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31. SAFETY ASPECTS TO BE COMPLIED :


a. Safety Clauses of O&M Contracts:

CLAUSE REQUIREMENT
NO.
1.0 The contractor/agency shall comply with all the requirements of the Factories
Act, State Factories Rules as amended time to time, and all other statutory
requirements as applicable to his work, like Indian Electricity Act, ESI Act
(Wherever the facility is available), PF Act, Workmen's Compensation Act,
Motor Vehicles Act, etc. He shall ensure compliance of all the responsibilities
of the Occupier and Factory Manager as mentioned in the Factories Act,
in his activities of work.
Additionally, the contractor shall comply with all the Rules framed by DVC
(Also referred here as DVC), relating to Safety of all those working/ present
in the work place, and ensure compliance with all types of permit to work.
He shall also comply with all directions given by the Engineer In-charge
or Head of DVC Project Safety Deptt. Or, their nominated representative
with specific regard to Safety and Health of the workers.
2.0 The Contractor/Agency shall frame and implement its Safety and Health
Policy, which shall contain all the provisions relating to compliance of DVC
Safety/ Health and Safety Policy.
2.1 The Contractor shall appoint a full time Engineer with qualification of either
Degree in Engineering, with not less than 1 years of supervisory experience
or Diploma in Engineering with not less than 3 years of experience, in
supervising the work for each 50 workers/staff or a part thereof. Where the
work is of hazardous in nature the supervisor shall be appointed for first
20 workers also.
2.2 If at any time the contractor employs more than 150 workers including staff,
he shall appoint from the start of work itself a Safety Officer, with the
qualification as mentioned in the Factories Act/ State Factories Rules
applicable to the state, in which the work is carried out. The Safety Officer
of the Contractor shall discharge only those responsibilities as mentioned
in statutory rules for the Safety Officers.
2.3 Before start of work by the Contractor, the Contractor shall sign an MOU
with Head of DVC Project Safety Deptt. and Engineer In charge of the
contract, wherein he shall submit following documents also:
a) Safety Plan of the Contractor for his own as well as his sub-contractors
and action plan to implement it;
b) Methodology (Including responsibility) of accident reporting to DVC

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authorities and Statutory authorities, conduct of enquiries, and


implementation of corrective measures.
c) The Contractor shall get all his Lifting equipments and tackles thoroughly
examined/tested through a Competent Persons, approved by the local
state Government, where the work is being undertaken.
d) For contracts, which are for one year or more year's duration, before
start of work by the Contractor, the Contractor shall purchase new
required personal protective equipments' and get it verified from Head
of DVC Safety Deptt, for inspection of quality and quantity purchased.
Safety Department will inspect these Safety Shoes, Safety Helmets
and Safety Harnesses for it's suitability. Only after this inspection and
clearance in writing from DVC, above referred items shall be used or
issued by the Contractor.
DVC shall reimburse the cost of these three Personal Protective
Equipments once for those numbers working for one year, if these are
purchased from the party with which the rate contract had been made
by DVC; at the rate at which rate contract had been made by DVC; or
from the original IS Marked equipment manufacturer (Or his authorized
representative), registered with Bureau of Indian Standard. However,
the rate of payment of these equipment's shall not exceed to the rates
at which these equipment's are currently/ last purchased by DVC. The
payment of Safety Shoes and Safety Helmets shall be limited to the
number of employees, for which the contractor had taken the labour
licence or DVC had approved to hire; for the Safety Harness payment
shall be restricted to the decided quantity between the Contractor and
DVC.
e) Before using the lifting equipments and other safety related items, the
contractor shall present these to Head of DVC Safety Deptt, and
Engineer In charge, for inspection, who will inspect these equipments
for its safety. Only after their clearance in writing, these items shall be
used by the Contractor. However, all liabilities for statutory violations
for these equipment shall be of the Contractor.
f) Before Start of the contract, and subsequently after every 6 months,
the Contractor shall provide appropriate Safety Training to all his
workers, of at least one full day duration, through an external agency,
with faculty having the qualification as mentioned in the Factories Act/
State Rules for the Safety Officer, and having minimum 5 years of
power plant site exposure, with regard to implementing safety provisions.
DVC will reimburse the actual cost of such training restricted to Rs
6000/- for each batch of 40 worker or Rs150/- per trained worker,
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whichever is less. The DVC Management has a right to refuse issue


of gate pass to the workers, if the workers are not trained before start
of work and subsequently every 6 months.
g) Before Start of the work by the Contractor, the Contractor shall get
occupational health examination (Specifically lung function test, coal
miner's pneumoconiosis and audiometry) of his workers, working/ to
work in hazardous activities, through a Medical Practitioner/ Certifying
surgeon, approved by the State Government for conduct of occupational
health examination, and subsequently as mentioned in the state factories
rules. DVC shall reimburse the cost of such Occupational Health
Examination at the rates approved by the state Government or decided
by DVC Management- if these are not approved by the state government.
Only those who are found fit in such medical examination shall be
employed by the Contractor.
h) In case of occurrence of any accident/ mishap/violation of statutory
provisions/ DVC Rules, Competent authority in DVC may constitute
inquiry Committee, to find out the circumstances or causes into it,
remedial measures to prevent recurrence of similar accidents/mishaps/
violations etc. The Contractor shall provide full cooperation in conduct
of inquiry, conducted by such Inquiry Committee and also send his
workers to attend the inquiry and give statement, with full wages for
the day.
i) Wherever there is probability of fall of worker/ material from more than
8 Ft, to prevent his fall, the contractor shall provide Full Body Safety
Harness with ISI mark to all his workers and ensure it's use. He shall
also provide safety net below such work place. He shall ensure
compliance of all provisions of Permit for working at height advised by
DVC. If the fall arrester is provided by DVC, the Contractor shall ensure
it's right use.
2.5 The contractor shall use only double insulated power tools at the construction
place. He shall only use 3 Core cable for Single phase supply and 4 Core
Cable for 3 Phase supply. For all electrical connections appropriate ELCB
shall be used by the Contractor.
a) In no case any electric supply shall be taken through loose wire like
supply without Plug Top.
b) No electrical repair work shall be carried out on any live equipment. It
shall be done only by the Electrician having either ITI qualification or
Wireman's certificate issued by the State Government. No work shall
start without obtaining work permit from DVC Engineer In charge or

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his authorized representative.


3.0 In case any accident occurs during the construction or erection work or
other associated activities, undertaken by the Contractor, it shall be the
responsibility of the Contractor to promptly inform the same to the Engineer
In-charge, DVC Head of Safety Deptt. in the prescribed form (Which can
be collected by the Contractor/ Agency from the Project Safety Deptt.), and
also to all the statutory authorities envisaged under the applicable laws.
4.0 The Engineer In-charge as well as DVC Head of Safety Deptt. or their
nominated representative, shall have the right at his sole discretion to stop
the work, if in his opinion the work is being carried out in such a way that
it may cause accidents and endanger the safety of the persons and / or
property, and/or equipments. In such cases, the contractor shall be informed
in writing, and the contractor shall immediately stop the work, and comply
to remove short-comings promptly. After ensuring compliance of instructions
given by Engineer In charge, he shall inform him of completion of compliance,
and after his written permission only, shall restart the work.
5.0 If the Contractor does not provide personal protective equipment's to his
workers or fails to discharge of his other responsibilities, statutory or
otherwise, as mentioned above, DVC may provide the same and recover
the expenditure along with overhead cost etc. However, this does not
absolve the contractor from his responsibility as mentioned in these
conditions at Para 1.
6.0 If the Contractor fails complying with the provisions as mentioned above,
the financial deductions shall be made by DVC, at the rate of Rs. 2,000/-
per day or part thereof, from the contractor's bill for contract value exceeding
Rs Thirty Lakhs; and at the rate of Rs 500/- per day for the contract value
not exceeding Rs Thirty Lakhs, till the provisions are complied with.
In case of injury, the compensation as calculated/ directed by the State
Government Authorities shall be paid by the Contractor to the Victim/ his
legal heir, in accordance with the statutory provisions.
However, in case of accident, additionally, following financial deductions
shall be made by DVC, from the bill of the Contractor:
a Fatal injury or accident 10% of contract value or Rs.
causing death 1,00,000/- per person, whichever is less.
b Major injuries or accident 2.5 % of contract value or Rs. 25,000/-
causing 25% or more per person whichever is less
permanent disablement to
workmen or employees

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b. Safety clauses for construction Activities

CLAUSE REQUIREMENT
NO.
1.0 The contractor/ agency shall comply with all the requirements of "The
Building and Other Construction Workers (Regulation of Employment &
Conditions of Service) Act," 1996 and its Central Rule 1998 / State Rules
and any other statutory requirements as applicable, like the Factories Act/
State Factories Rules (If applicable), ESI Act, PF Act, Workmen's
Compensation Act, other applicable rules and provisions of BIS in the form
of standards etc.
Additionally, the provisions of the Domodar Valley Corporation (DVC) Safety
Rules for Construction and Erection - as amended till date, shall also be
complied with by the contractor/ agency. In case of any unconformity
between statutory requirement and the Safety Rules of the DVC, the latter
shall be binding on the Contractor unless the statutory provisions are more
stringent
1.1 The Contractor shall also comply with all directions given in writing by the
Engineer In-charge or Head of DVC Project Safety Deptt. Or, their nominated
representative with specific regard to Safety and Health of the workers.
1.2 The Contractor/ Agency shall frame and implement it's Safety and Health
Policy, which shall contain all the provisions as mentioned in the statute
and also as mentioned in DVC Safety/ Health and Safety Policy, if it is not
in contravention with the statutory provisions.
2.0 Before Start of work by the Contractor, The Contractor shall sign an MOU
with Head of DVC Project Safety Deptt. and Engineer In charge of the
contract, wherein he shall submit following documents also:
a) Safety Plan of the Contractor for his own as well as his sub- contractors;
b) Methodology of Hazard identification and control measures thereof;
c) Methodology to be adopted by him for providing work related training
(For all Contract workers), including the hazards involved in the work
awarded to the worker and how the work shall be done by the contract
labour to ensure safety of his own as well as others working there.
d) Names of Safety Officers, Safety supervisors and supervisors as well
as the specific working area, to be supervise by them, for safety at the
workplaces.
e) Methodology (Including responsibility) of accident reporting to DVC

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authorities and Statutory authorities, conduct of enquiries, and


implementation of corrective measures.
f) The Contractor shall notify the names of Competent Persons, responsible
for inspection of following equipments and facilities:
1. Tests and Inspections of all electrical equipments, installation and
Safety Measures;
2. Tests and Inspections of all Scaffoldings and platforms for working
at height including it's strength adequate handrails, Toe Boards etc.;
3. Tests and Inspections of all Personal Protective Equipments,
4. prevention of unauthorized entry or working by any person, including
his own, into their work
2.1 Before Start of work by the Contractor/ Agency, the Contractor shall show
the Personal Protective equipments, lifting equipments, personal protective
equipments and other safety related items, brought by him/ them to Head
of DVC Safety Deptt, and Engineer In charge, for inspection, who will
inspect, if these equipments meet legal requirements. Only after inspection
by them and clearance from them, in writing, above referred items shall
be used or issued by the Contractor. However, such clearance shall be
applicable only for bringing these items and DVC shall not be a party, if
these items / equipments fail legal requirements, due to any supervisory
problems, including unsafe handling or failure, due to whatever causes.
2.2 The Contractor/ Agency will notify well in advance to the Engineer In-charge
and Head of DVC Project Safety Deptt. of his intention to bring to the Site,
any container filled with liquid or gaseous fuel or explosive or petroleum
substance or such chemicals which may involve hazards. DVC shall have
the right to prescribe the conditions, under which such container is to be
stored, handled and used during the performance of the works and the
Contract shall strictly adhere to and comply with such instructions. The
Engineer In-charge and DVC Head of Safety Deptt. shall have the right at
his sole discretion to inspect any such container or such construction plant
/ equipment for which material in the container is required to be used and
if in his opinion, its use is not safe, he may forbid its use.
2.3 The Contractor/ Agency shall take all measures required to ensure proper
safety of all the workmen, materials, plant and equipment belonging to him
or to the Employer or to others, working at the Site.
3.0 The Contractors/ Agencies, whether awarded contract directly from DVC
or those who have got contract with or without permission of DVC, shall
get Safety Audit of their construction and/or erection activities conducted,

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through Safety Auditors, having (a) Diploma or Degree in Industrial Safety


from any State Directorate of Technical Education,(b) 7 years experience
of safety management in power plant; and (c) Have accreditation or trained
from DGFASLI/ Ministry of Labour, Government of India, with following
frequency:
a) For Contracts of total value exceeding Rs 20 Crores, once within every
six months period;
b) For Contracts of total value less than Rs 20 Crores but exceeding Rs
5 Crores, once within every twelve months period;
3.1 All equipments used in construction and erection by the contractor shall
meet BIS / International Standards and where such standards do not exist,
the Contractor shall ensure these to be absolutely safe. All equipments
shall be strictly operated and maintained by the contractor in accordance
with manufacturer's operation manual.
3.2 The contractor should also follow Guidelines / Rules of the Employer in
this regard.
The Engineer In-charge or Project Manager and / or Head of DVC Project
Safety Deptt. shall have the right to examine the safety equipments to
determine their suitability, reliability, acceptability and adaptability, and in
case they do not find these of acceptable standards they can instruct to
the Contractor to provide the equipments meeting these requirements,
which the Contractor shall comply without any reservation.
3.3 The Engineer In-charge and / or DVC Safety Officer or their nominated
representative shall have full power to demand any document/ take photos,
which may affect Safety and health at the contractor's work place, and the
contractor will provide it without any pre-condition.
3.4 The Contractor shall provide safe working conditions to all workmen and
employees at his workplace including safe means of access, railings, stairs,
and ladders, scaffolding, work platforms, toe boards etc.
3.5 Safety Training of at least one full day duration, relating to hazards in his
work, shall be provided by the Agency/ Contractor through an external
agency, with faculty having the qualification as mentioned in the BOCW
Act/ Rules for the Safety Officer and have minimum 7 years site exposure
as implementing safety provisions to all his workers, before start of work
and every six months thereafter. In case, the contractor fails to do so, it
may be organized by DVC, at the cost of the Contractor/ Agency, and the
cost on this account, which shall not be more than the charges of National
Safety Council, Mumbai, shall be deducted from the bill of the Contractor
in the similar manner, as charged for work to be done at the risk and cost
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of contractor/ agency. When such programme is organized by DVC for the


contractor's establishment, the contractor/ agency shall send his workers
to attend the programme. If he does not send his workers to attend the
Training Programme, the charges of training shall be recovered from the
contractor.
3.6 The contractor shall arrange to get the certificate of training issued from
training institution, to all the workmen, trained by them, which shall mention
the date of training and it's subject. The worker shall keep the same along
with the gate pass.
3.7 Adequate supervision shall be provided by the contractor at all times of
work undertaken by the workers. The worker shall get the training endorsed
on their Gate Pass.
3.8 When DVC Conducts any inquiry to find facts of any accident, violations
of Statutory Provisions/ DVC Rules and asks the contractor to send his
workers, the Contractor shall send his workers for deposing in this Inquiry.
3.9 The Contractor shall follow provision of Work Permit system for working
at height, implemented by DVC. Wherever there is probability of fall of
worker to level of more than 8 Ft, to prevent his fall, the contractor shall
provide safety net below such area. Such Safety nets shall be provided
wherever the possibility of fall of material also exists. The Contractor shall
also provide Fall Arresting system/ device (Fall Arrestor), when required
and shall ensure it's use.
3.10 The contractor shall make ambulance room for first aid and provide
ambulance for shifting and treatment of sick and injured as mentioned in
"The Building and Other Construction Workers (Regulation of Employment
& Conditions of Service) Act/ rules.
3.11 The register of medical examinations of the workers, employed in hazardous
areas, conducted as per statutory provisions and injury (including near
miss injury) register, shall be maintained by the Contractor. It will be
presented to Engineer In-charge and DVC Head of Safety as well as
Statutory authorities on demand. If any worker found suffering from
occupational health hazard, the worker should be shifted to suitable place
of working and properly treated under intimation to Engineer In-charge.
3.12 A copy of the Emergency Action Plan prepared by the agency shall be
submitted to Engineer In-charge and Safety Deptt, for their approval. If any
conditions are suggested by Engineer In-charge, Head of Safety Deptt, or
their nominated representative the Emergency action plan shall be revised
by the Contractor on the basis of suggestions so received. Mock Drill shall
be organized by the Contractor at least once in every six months in

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consultation with Head of DVC Project Safety Deptt. or their nominated


representative.
3.13 Only double insulated wire/ cable of power tools shall be used at the
construction place.
3.14 The contractor shall ensure that all electrical installations or equipments
including temporary electrical installations at the construction works are
provided with earth leakage circuit breakers.
3.15 For Single phase connection, the contractor shall use 3 core cables with
3rd wire connected to earth. For three phase connection, the contractor
shall use four core cables with 4th wire connected to earth.
3.16 In no case, single wires shall be used in the construction area.
4.0 The wires shall not be laid on the ground or any other surface, where there
is possibility of damage to it's insulation. It shall be supported on insulated
poles above ground, to prevent possible damage to it's insulation.
4.1 The Contractor shall not interfere or disturb electric fuses, wiring and other
electrical equipment belonging to the Employer or other contractors under
any circumstances, whatsoever, unless expressly permitted in writing by
the Engineer I/c to handle such fuses, wiring or electrical equipment.
4.2 Before the Contractor connects any electrical appliances to any plug or
socket belonging to the other contractor or of the DVC, he shall :
a) prove that the Engineer In-charge that the appliance is in good working
condition;
b) Inform the Engineer In-charge of the maximum current rating, voltage
and phases of the appliances;
c) Obtain permission of the Engineer In-charge detailing the sockets to
which the appliances may be connected.
4.3 No electrical repair work shall be carried out on any live equipment. The
Engineer In-Charge must declare the equipment safe and a permit to work
shall be issued by the DVC / contractor as the case may be to carry out
any repair / maintenance work. While working on electric lines / equipments
whether live or dead, suitable type and sufficient quantity of tools will have
to be provided by the contractor to electricians / workmen / Officers.
5.0 No repair work shall be carried out by any person, who does not have a
qualification ITI (Electrician). The Repair will be done after disconnecting
the equipment. The Contractor's Engineer shall first declare the equipment
safe and a permit to work shall be obtained through the DVC Engineer
before carrying out any repair / maintenance work. While working on electric

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lines / equipments whether live or dead, suitable type and sufficient quantity
of tools will have to be provided by the contractor to electricians / workmen
/ Officers.
6.0 The register of all, inspections and examinations and tests like of scaffoldings,
excavations, measurement of electrical earth resistance, lifting tools and
tackles, pressure vessels etc shall be properly maintained by the Contractor
and will be promptly produced as and when desired by Statutory Authorities,
the Engineer In-Charge and Head of DVC Safety Deptt. Or, by the person
authorized by them.
6.1 The contractor, employing more than 150 workmen, directly or through his
agencies, whether temporary, casual, probationary, regular or permanent
shall employ at least one full time safety officer on his roll, having qualifications
as mentioned in statutory provisions, exclusively to supervise safety aspects
of the equipments and workmen, who will coordinate with the DVC Safety
Officer. In case the work is being carried out through subcontractor, the
employees / workmen of the sub-contractor shall also be considered as
the contractor's employees/workmen for the above purpose. When more
than 150 workers are employed, the Contractor shall additionally appoint
on his roll, one safety officer for each 200 workers appointed by him or his
agencies.
6.2 The name and address of such Safety Officer of the Contractor will be
informed in writing to the Engineer In Charge with a copy to the DVC Head
of Safety Deptt., within 3 days of their employment.
6.3 In case any contractors deploy less than 150 workmen each, one or more
contractors shall jointly employ statutory Qualified Safety Officer and they
will share the expenditure towards employment of this Safety Officer
proportionate to the employment.
6.4 In case, the contractor fails to employ required number of Statutory Qualified
Safety Officer, DVC shall have power to hire qualified Safety Officer on
behalf of the Contractor and all expenditure including the cost of recruitment
shall be charged from the Contractor. In such case, the DVC, in addition
to charging the cost of the Qualified Safety Officer, which shall not be more
than Rs One Lakh per month for each Safety Officer, and shall also deduct
the amount, as mentioned in the contract.
6.5 The responsibility of the Safety Officer shall be as mentioned in the statute
and he shall not be permitted or allowed to do any work other than as
mentioned there.
6.6 The DVC officers shall conduct the Safety Inspections/ Audit on their own,
or through 3rd Party also and the Contractor shall provide full co-operation/

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information to them. He shall be informed of the violations of statutory


provisions/ DVC rules in writing. The Contractor is to remove communicated
violations promptly. If the Contractor does remove communicated violations,
with the within 3 days, the amount as mentioned in the contract, shall be
deducted from the bill of the contractor.
6.7 In case any injury occurs during the construction or erection work or other
associated activities undertaken by the Contractor, it shall be the responsibility
of the Contractor to promptly inform the same to the Engineer In-charge,,
DVC Head of Safety Deptt. in the prescribed form (Which can be collected
by the Contractor/ Agency from the Project Safety Deptt.), and also to all
the statutory authorities, as applicable.
6.8 The Engineer In-charge as well as DVC Head of Safety Deptt. or their
nominated representative shall have the right at his sole discretion to stop
the work, if in his opinion the work is being carried out in such a way that
it may cause injury and endanger the safety of the persons and / or property,
and/or equipments. In such cases, the contractor shall be informed in
writing, and the contractor shall immediately stop the work, and comply to
remove shortcomings promptly.
6.9 The Contractor after stopping the specific work can, if felt necessary, may
appeal against the order of stoppage of work to the Project Head within
3 days of such stoppage of work. The decision of the Project Head in this
respect shall be conclusive and binding on the Contractor.
7.0 If the Contractor does not provide safety equipments to his workers or fails
to discharge of his other responsibilities, statutory or otherwise, as mentioned
above, DVC may provide the same and recover the expenditure along with
overhead cost etc. However, this does not absolve the contractor from his
responsibility as mentioned in the contract or Statutory Provisions.
8.1 The Contractor shall not be entitled for any damages / compensation for
stoppage of work under Clause 6.9 or any other safety reasons and the
period of such stoppage of work shall not be taken as an extension of time
for Completion of the Facilities and will not be the ground for waiver of
deductions made by DVC.
8.2 If the Contractor fails in complying with the DVC Safety Rules for Construction
and Erection or applicable Statutory Provisions; or continues the work
even after being instructed to stop the work by DVC Head of Project Safety
Deptt. as provided in Clause 6.9 mentioned above, on the direction of
Engineer In-charge/ Project Manager or DVC Head of Safety Deptt., the
deduction at the rate of Rs. 5,000/- per day (Rs five thousand per day) or
part thereof for each violation for each day, shall be deducted from the

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bill of the contractor, till the written instructions are complied with, and
verified by the Engineer In-charge or DVC Head of Project Safety Deptt.
8.3 If any fatal injury or injury causing more than 25% permanent disablement
to any person occurs during the activities of the contractor, due to lack of
supervision by the contractor, or not taking all safety precautions and / or
not complying with DVC Rules for Construction and Erection or Statutory
Provisions, following deduction shall be made from the bill of contractor:
a Fatal injury or accident causing Deduction @10% of contract value
death or Rs. 5,00,000/- for Injury to each
person, whichever is less.
b Major injuries or accident Deduction @2.5% of the
causing 25% or more contract value or Rs.1,00,000/-
permanent disablement to per person whichever is less
workmen or employees
8.4 In case of repeat Fatal/ Non-fatal injuries, occurring in the plant, the value
of compensatory loss (In each case) will be double to that mentioned in
specific category. In such case for fatal accident it shall be @ 20% of
Contract value or Rs 10,00,000/- (Whichever is less) per person, and for
each non-fatal injury it shall be @ 5% of Contract value or Rs 2,00,000/-
(Whichever is less) per person
[Permanent disablement, as mentioned above, shall have the same meaning
as indicated in the Workmen's Compensation Act' 1923. The deduction
mentioned above shall be in addition to the compensation payable to the
workmen/employees under the relevant provisions of the Workmen's
Compensation Act' 1923 and rules framed there under or any other applicable
laws as applicable from time to time].
9.0 If any contractor worker, found working without using the required safety
equipment like safety helmet, safety shoes, safety belts etc. or without
anchoring the safety belts while working at height, the Engineer In-
charge/DVC Head of Safety Deptt. or their nominated representative shall
penalize the contractor for Rs. 500/- per person per day for his lack of
supervision and allowing hazards at the work place, and shall inform the
Contractor accordingly.

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32. SITE WORKS


32.1 SETTING OUT/SUPERVISION/LABOUR
32.1.1 Bench Mark: The Contractor shall be responsible for the true and proper setting-
out of the jobs in relation to bench marks, reference marks and lines provided to
it in writing by or on behalf of the Employer.
If, at any time during the progress of work, any error shall appear in the position,
level or alignment of the Facilities, the Contractor shall forthwith notify the Project
Manager of such error and, at its own expense, immediately rectify such error to
the reasonable satisfaction of the Project Manager. If such error is based on incorrect
data provided in writing by or on behalf of the Employer, the expense of rectifying
the same shall be borne by the Employer.
32.1.2 Contractor’s Supervision: The Contractor shall give or provide all necessary
superintendence during the work, and the Construction Manager or its deputy shall
be constantly on the Site to provide full-time superintendence of the work. The
Contractor shall provide and employ only technical personnel who are skilled and
experienced in their respective callings and supervisory staff who are competent
to adequately supervise the work at hand.
32.1.3 Labour:
(a) The Contractor shall provide and employ on the Site in the work such skilled, semi-
skilled and unskilled labour as is necessary for the proper and timely execution of the
Contract. The Contractor is encouraged to use local labour that has the necessary
skills.
(b) Unless otherwise provided in the Contract, the Contractor shall be responsible for the
recruitment, transportation, accommodation and catering of all labour, local or expatriate,
required for the execution of the Contract and for all payments in connection therewith.
(c) The Contractor shall be responsible for obtaining all necessary permit(s) and/or visa(s)
from the appropriate authorities for the entry of all labour and personnel to be employed
on the Site into the country where the Site is located.
(d) The Contractor shall at its own expense provide the means of repatriation to all of its
and its Subcontractor’s personnel employed on the Contract at the Site to their various
home Countries. It shall also provide suitable temporary maintenance of all such
persons from the cessation of their employment on the Contract to the date programmed
for their departure. In the event that the Contractor defaults in providing such means
of transportation and temporary maintenance, the Employer may provide the same
to such personnel and recover the cost of doing so from the Contractor.
(e) The Contractor shall at all times during the progress of the Contract use its best
endeavours to prevent any unlawful, riotous or disorderly conduct or behaviour by or
amongst its employees and the labour of its Subcontractors.
(f) The Contractor shall, in all dealings with its labour and the labour of its Subcontractors
currently employed on or connected with the Contract, pay due regard to all recognized
festivals, official holidays, religious or other customs and all local laws and regulations
pertaining to the employment of labour.
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32.2 CONTRACTOR’S EQUIPMENT


32.2.1 All Contractors’ Equipment brought by the Contractor onto the Site shall be deemed
to be intended to be used exclusively for the execution of the Contract. The Contractor
shall not remove the same from the Site without the Project Manager’s consent
that such Contractor’s Equipment is no longer required for the execution of the
Contract.
32.2.2 Unless otherwise specified in the Contract, upon completion of the Facilities, the
Contractor shall remove from the Site all Equipment brought by the Contractor onto
the Site and any surplus materials remaining thereon.
32.2.3 The Employer will, if requested, use its best endeavours to assist the Contractor
in obtaining any local, state or national government permission required by the
Contractor for the export of the Contractor’s Equipment imported by the Contractor
for use in the execution of the Contract that is no longer required for the execution
of the Contract.
32.3 SITE REGULATIONS AND SAFETY
The Employer and the Contractor shall establish Site regulations setting out the
rules to be observed in the execution of the Contract at the Site and shall comply
therewith. The Contractor shall prepare and submit to the Employer, with a copy
to the Project Manager, proposed Site regulations for the Employer’s approval,
which approval shall not be unreasonably withheld.
Such Site regulations shall include, but shall not be limited to, rules in respect of
security, safety of the Facilities, gate control, sanitation, medical care, and fire
prevention.
32.4 OPPORTUNITIES FOR OTHER CONTRACTORS
32.4.1 The Contractor shall, upon written request from the Employer or the Project Manager,
give all reasonable opportunities for carrying out the work to any other contractors
employed by the Employer on or near the Site.
32.4.2 If the Contractor, upon written request from the Employer or the Project Manager,
makes available to other contractors any roads or ways the maintenance for which
the Contractor is responsible, permits the use by such other contractors of the
Contractor’s Equipment, or provides any other service of whatsoever nature for
such other contractors, the Employer shall fully compensate the Contractor for any
loss or damage caused or occasioned by such other contractors in respect of any
such use or service, and shall pay to the Contractor reasonable remuneration for
the use of such equipment or the provision of such services.
32.4.3 The Contractor shall also so arrange to perform its work as to minimize, to the
extent possible, interference with the work of other contractors. The Project Manager
shall determine the resolution of any difference or conflict that may arise between
the Contractor and other contractors and the workers of the Employer in regard to
their work.
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32.4.4 The Contractor shall notify the Project Manager promptly of any defects in the other
Contractors’ work that come to its notice, and that could affect the Contractor’s
work. The Project Manager shall determine the corrective measures, if any, required
to rectify the situation after inspection of the Facilities. Decisions made by the
Project Manager shall be binding on the Contractor.
32.5 EMERGENCY WORK
If, by reason of an emergency arising in connection with and during the execution
of the Contract, any protective or remedial work is necessary as a matter of urgency
to prevent damage to the Facilities, the Contractor shall immediately carry out such
work.
If the Contractor is unable or unwilling to do such work immediately, the Employer
may do or cause such work to be done as the Employer may determine is necessary
in order to prevent damage to the Facilities. In such event the Employer shall, as
soon as practicable after the occurrence of any such emergency, notify the Contractor
in writing of such emergency, the work done and the reasons therefore. If the work
done or caused to be done by the Employer is work that the Contractor was liable
to do at its own expense under the Contract, the reasonable costs incurred by the
Employer in connection therewith shall be paid by the Contractor to the Employer.
Otherwise, the cost of such remedial work shall be borne by the Employer.
32.6 SITE CLEARANCE
32.6.1 Site Clearance in Course of Performance: In the course of carrying out the Contract,
the Contractor shall keep the Site reasonably free from all unnecessary obstruction,
store or remove any surplus materials, clear away any wreckage, rubbish or
temporary works from the Site, and remove any Contractor’s Equipment no longer
required for execution of the Contract.
32.6.2 Clearance of Site after Completion: After Completion of all parts of the Facilities,
the Contractor shall clear away and remove all wreckage, rubbish and debris of
any kind from the Site, and shall leave the Site and Facilities clean and safe.
32.6.3 DISPOSAL OF SCRAP
The Contractor shall in consultation with the Project Manager promptly remove
from the site any 'Scrap’ generated during performance of any activities at site in
pursuance of the Contract. The term 'Scrap' shall refer to scrap / waste / remnants
arising out of the fabrication of structural steel work and piping work at the project
site in the course of execution of the contract and shall also include any wastage
of cables during the termination process while installing the cables.
The ownership of such Scrap shall vest with the Contractor except in cases where
the items have been issued by the Employer from its stores for their installation
only without any adjustment to the Contract Price. The removal of scrap shall be

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subject to the Contractor producing the necessary clearance from the relevant
authorities (Custom, Excise etc.), if required by the law, in respect of disposal of
the scrap. The liability for the payment of the applicable taxes/duties shall be that
of the Contractor.
The Contractor shall also indemnify to keep the Employer harmless from any act
of omission or negligence on the part of the Contractor in following the statutory
requirements with regard to removal/disposal of scrap. The Indemnity Bond shall
be furnished by Contractor as per proforma enclosed with NIT/Tender Document.
Further, in case the laws require the Employer to take prior permission of the
relevant Authorities before handing over the scrap to the Contractor, the same shall
be obtained by the Contractor on behalf of the Employer.
32.7 WATCHING AND LIGHTING
The Contractor shall provide and maintain at its own expense all lighting, fencing,
and watching when and where necessary for the proper execution and the protection
of the Facilities, or for the safety of the employers and occupiers of adjacent property
and for the safety of the public.
32.8 WORK AT NIGHT AND ON HOLIDAYS
32.8.1 Unless otherwise provided in the Contract, no work shall be carried out during the
night and on public holidays of the country where the Site is located without prior
written consent of the Employer, except where work is necessary or required to
ensure safety of the Facilities or for the protection of life, or to prevent loss or
damage to property, when the Contractor shall immediately advise the Project
Manager, provided that provisions of this GCC Sub-Clause 56.8.1 shall not apply
to any work which is customarily carried out by rotary or double-shifts.
32.8.2 Notwithstanding GCC Sub-Clauses 32.8.1 or 32.1.3, if and when the Contractor
considers it necessary to carry out work at night or on public holidays so as to meet
the Time for Completion and requests the Employer’s consent thereto, the Employer
shall not unreasonably withhold such consent.
33. SETTLEMENT OF DISPUTES & ARBITRATION
Any dispute(s) or difference(s) arising out of or in connection with the contract shall,
to the extent possible, be settled amicably between the owner and supplier.
In the event of any dispute or difference whatsoever arising under the contract or
in connection therewith including any question relating to existence, meaning and
interpretation of the contract or any alleged breach thereof, the same shall be
referred to the Chairman of Damodar Valley Corporation, Kolkata-54 or to a person
nominated by him for arbitration. The Arbitration shall be conducted in accordance
with the provisions of arbitration and conciliation law 1996 or latest and the decision/
judgment of Arbitrator/Arbitrators shall be final and binding on both the parties.

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However, in case the contractor is a Central Public Sector Enterprise/ Govt.


Department, the dispute arising between the ‘Owner’ and the ‘Contractor’ shall be
settled through Permanent Arbitration Machinery (PAM) of the Department of Public
Enterprise, Govt. of India as per prevailing rules.
All suits arising out of this enquiry and subsequent purchase order/contract, If any,
are subject jurisdiction of Court in the City of Kolkata {South 24- Parganas, New
Aliproe Court (India)} only and no other Court, when resolution/settlement through
mutual discussion and arbitration fails.
OPTIONAL TERMS & CONDITIONS OF CONTRACT
(RELEVANT TERMS AND CONDITIONS ARE TO BE INCLUDED AS ADDITIONAL /
SPECIAL CONDITION OF CONTRACT AS PER DISCRETION OF TIA).
1. EARNEST MONEY DEPOSIT (IF APPLICABLE) :
Every tender must accompany ‘Earnest Money’ as mentioned in the Tender Notice/Enquiry
in desired form as mentioned below without which the tender will not be accepted. The
Earnest Money should be deposited in any of the following forms :-
a) E-payment mode has been enabled. The bidders can pay the cost of bid document
and the EMD through electronic mode i.e. credit card/ debit card/ net banking. Provision
for NEFT/ RTGS has also been enable, moreover in case the bidder who do not have
any credit card/ debit card or net banking facilities can use NEFT/ RTGS facilities for
payment by downloading the challan from the web site and submit the same to nearest
bank..
b) Earnest Money can be submitted in the form of Bank Guarantee from an Indian
Nationalized Bank / Schedule Bank / Foreign Bank (in the scheduled list of Reserve
Bank of India), irrevocable and operative till the validity of the offer as per enclosed
Proforma.
Overseas bidder in case of participation is permitted to submit the Bank Guarantee
from Foreign Bank which are included in the scheduled list of Reserve Bank of India,
copy of which is annexed in Annexure-F. However, any Foreign Bank not mentioned
here but subsequently included in the scheduled list of RBI in the course of bidding
shall be accepted. Such inclusion of Bank’s name to be obtained from the website of
RBI – www.rbi.org.in .
The Bank Guarantee currency shall be same as currency of Price Bid. In case the
bidder arranges to submit BG in INR from Nationalized or Schedule Bank through their
trade relation and quote the bid in USD/EURO, the same shall be accepted.
c) Earnest money can also be deposited through E-payment to Damodar Valley corporation
,A/c No…………….. ,Name of prescribed bank........., branch..........., IFSC code
No………., MICR code No…………. The bidder is required to furnish the transaction
reference No. for the e- payment made to DVC.

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d) DVC Bonds duly endorsed in favour of DVC.


e) Attested photocopy of certificate issued by DVC as permanent EMD account holder.
f) Post Office National Savings Certificate having face value equal to the EMD value and
duly endorsed in favour of DVC.
g) Pay Order/DD to be made in favour of Damodar Valley Corporation.
h) No Bank Guarantee shall be accepted for EMD amount upto Rs. 50,000/-However,
EMD exceeding Rs.50000/- may be accepted in any of the above forms.
The offer accompanied by B.G. against EMD will only be considered valid on acceptance
of the Bank Guarantee. The offer not accompanied by EMD or specified EMD in proper
form as defined above shall not be considered as valid tender for opening provided
necessary stipulations are made in the NIT.
i) Earnest Money will be refunded only to the unsuccessful Tenderer within 15 days
after finalisation of Tender and no interest will be paid for the same.
ii) The amount of Earnest Money will be refunded to the successful tenderer, after
acceptance of their Security Deposit-cum-Performance B.G. / successful completion
of the order.
iii) Small Scale Industries registered with NSIC shall be exempted from the payment
of Earnest Money. Small Scale Industries seeking such exemption must enclose
valid registration certificate from the appropriate Govt. authority giving details such
as validity, stores etc., failing which exemption will not be granted.
1. OFFER VALIDITY:-
Quotation must be kept valid for at least 90/180 days or as decided by Tender Inviting
Authority from the date of opening of the Enquiry / Tender and to be indicated in the
NIT. If any bidder offers bid having validity shorter than that asked in the NIT, bid should
not be rejected out rightly. Bidder should be persuaded to accept NIT stipulation.
2. PRICE BASIS:
Price mentioned in the Purchase Order/Work Order/Turnkey Project Contracts shall be
firm till execution of the contract unless stated otherwise.
The bids may be invited either on ‘firm price basis’ or on ‘variable price basis’, but not
on both. Tender Inviting Authority may invite any or all the items / components in supply
/ works / turnkey project tenders on ’variable price basis’ i.e. few items / components
of a NIT may be on
‘Variable price’ basis and remaining items / components of the same NIT may be on
‘firm price basis’.
The bids may be invited on variable price basis. In such cases Standard Price Variation
Formula, based on PV formula published by IEEMA / CACMAI or similar recognised
sources or adopted by power utilities like NTPC / PGCIL etc. shall be indicated in the
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bid document. Bid document shall also indicate the standard source of different indices
(for labour / material / exchange rate etc.) used in the PV formula for purpose of
calculation of variable component. The base date for different indices for the purpose
of calculating price variation will normally be considered 30 days prior to the last date
of submission of price bid or as indicated in the bid document.
The cut-off date for different indices in the PV formula for the purpose of calculating
price variation may be considered as 2 to 4 months ahead of scheduled delivery period
or as decided by TIA to be indicated component-wise in the bid document. The PV
formula shall be stipulated by DVC in the bid document with or without any ceiling limit
as decided by Tender Inviting Authority. In case of non-publication of applicable indices
on a particular date, which happens to be applicable date for price adjustment purposes,
the published indices prevailing immediately prior to the particular date will be applicable.
Such bids shall be evaluated on the basis of offered price without any loading on
account of price variation. In case a specific ceiling limit is mentioned in the bid document,
payment shall, however, be restricted to the actual extent of variation that would take
place limited to the ceiling limit. For bids on variable price basis without any ceiling
limit, payment will also be effected on actuals as per PV formula without any ceiling
limit.
No price variation beyond scheduled contractual delivery/completion period will be
allowed. Where it has been there shall also be no price variation on the advance
payment component, if any.
In case of any bidder offering firm price against NIT stipulation of variable price basis
or variable price against NIT stipulation of firm price basis, it will be considered as
deviation and bidder shall declare the cost of withdrawal of the same along with the
price bid, failing which the offer will be considered unresponsive and to be rejected.
4. TAXES, LEVIES AND DUTIES:
Manufacturers / Contractors shall quote statutory taxes and duties (Sales Tax, VAT,
Excise Duty, E. Cess, Customs Duty, Service Tax, Municipal Tax, Octroi, Levies and
any other duties) as applicable against documentary evidence on the date of bid opening
and shall be shown separately in the offer. This shall be to the account of the Damodar
Valley Corporation (DVC), unless otherwise mentioned in the Purchase Order /Work
Order. Any upward/downward variation in statutory taxes and duties after bid opening
and up to the scheduled delivery period/work completion period shall be to the Damodar
Valley Corporation account. Since such statutory taxes shall be on the account of DVC,
benefits of any decrease in the same shall be retained by the DVC irrespective of
decrease taking place during period of submission of bid and opening of bid. Taxes –
duties shall always be paid at actual. Any upward variation in statutory taxes and duties
beyond the contractual delivery period/work completion period will not be paid by DVC
if the reasons of the delay are attributable to the vendor. Entry Tax / Octroi/ or any new
taxes & duties imposed by statutory bodies after opening of the bid as applicable will
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be to the account of DVC at actual as per rate ruling within contractual delivery
period/work completion period, if applicable.
Changes in the tax rate dependant on the volume of turn over shall not come under
the purview of reimbursement and should be spelt out in the bid documents itself.
Bidders, other than manufacturers shall quote all-inclusive price up to the consignee’s
end, clearly indicating the quantum of CST/VAT, if applicable and F&I Charges embedded
in all-inclusive FOR Destination Price.
For turnkey contracts/any other similar contracts, the bidder shall quote price of all the
items manufactured by them and to be directly supplied to DVC with ruling rates of
taxes and duties which would be reimbursed at actual including variations, if any, against
documentary evidence at the time of supply, up to contractual completion period. All
taxes and duties applicable on materials / equipment supplied as finished goods to
DVC through Sub-vendor / Sub-contractor as bought out items are to be included in
the price quoted by the bidder for such items, which will remain firm throughout the
pendency of the contract. This will also cover raw material, component, special assembly
procured for manufacturing finished goods, material/equipment to be supplied to DVC
either directly by the contractor or through Sub Vendor.
Service Tax as applicable on service that are provided directly by the contractor to the
DVC shall be indicated separately in the bid price schedule with the ruling rate and will
be reimbursed at actual including variation, if any, up to contractual completion period,
on production of documentary evidence. However, Service Tax on services that is not
provided directly by the contractor to DVC viz., transportation, insurance etc. shall be
included in the bid price itself and shall not be considered separately.
Works Contract Tax (WCT) at the admissible rate wherever applicable, will normally
be included in bid price. DVC will, however, deduct WCT from the vendor’s bill/invoice
and deposit the same to the concerned authorities as per statutory provisions.
Beyond contractual completion period, DVC will normally accept lower of the tax liability
either on the scheduled or actual date of completion unless the contractor is not
responsible for the delay. Changes in the tax rate dependant on the volume of turn over
shall not come under the purview of reimbursement and should be spelt out in the bid
documents itself.
For reimbursement of Service Tax, will normally be done based on supporting document.
In case of change of source of supply from Sub Vendor to bidder or Sub Vendor to
contractor (if approved by DVC) or vice versa, taxes and duties will be reimbursed at
actual against documentary evidence restricted to the amount of taxes and duties as
originally payable to the bidder/contractors in terms of the contract.
5. CLARIFICATIONS ON BID DOCUMENT:
Bidder may seek clarifications on the bidding documents (GCC + SCC, if any + Technical
Specification Booklet + NIT {Tender Notice} along with annexure + Proforma & Check
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List of BG against EMD), if required, upto 7 days before the scheduled bid opening
date. Any clarification sought by the bidders must be sent in writing to the Tender Inviting
Authority.
Besides this, a Pre-bid Conference may also be held at the Tender Inviting Office at
the discretion of Tender Inviting Authority. If agreed by Tender Inviting Authority, date,
time and place for holding the Pre-bid Conference to be mentioned in the bidding
document (NIT).
6. AMENDMENT OF BIDDING DOCUMENTS :
At any time prior to the deadline for submission of bids, the owner may, for any reason,
whether at its own initiative, or in response to the clarifications requested by the
prospective Bidders, amend the bidding documents except QR after due approval of
Tender Inviting Authority.
The amendment will be notified in writing or by telephone/fax/e-mail to all prospective
Bidders that have received the bidding documents and will be binding on them. Bidders
are required to immediately acknowledge receipt of any such amendment, and it will
be assumed that the information contained therein have been taken into account by
the Bidder in his bid.
In order to give reasonable time to prospective bidders to take the amendment into
account in preparing their bid, the owner may, at his discretion, extend the deadline
for the submission of bids.
Any addendum/corrigendum/extension, if required, pertaining to Open NIT published
through press advertisement will be hoisted in DVC website only and will not be
published in Newspaper again. Bidders may be requested to visit DVC website regularly
for any addendum/corrigendum/extension till opening of said NITs. This stipulation to
be incorporated in the original press advertisement for the NIT.
In case of change in technical parameter/ specification/ scope of work, selling and
submission date to be extended.
7. PRICE BID EVALUATION PROCEDURE:
Please refer BID EVALUATION PROCEDURE (Price Part):
8. MOBILZATION ADVANCE/ADVANCE:
Advance payment is normally discouraged. In exceptional circumstances, interest-
bearing advance to the extent of 10% of contract price may be given against submission
of a BG taken towards security of the advance should be at least 110% of advance so
as to recovery of not only principal amount but also interest portion if so required.
The BG wherever applicable should be valid upto the date of completion of works/supply
and acceptance thereof.
Advance should not be paid in less than two equal instalments except in special
circumstances for that reasons to be recorded.
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A clause in the tender enquiry to be incorporated that the interest free advance would
be deemed as interest bearing advance at a base rate of SBI plus 3.5% if the contract
is terminated due to default of the contractor. However rate of interest should be applied
for calculation of interest on the advance amount in reset basis (i.e. not fixed rate of
interest, it may go on changing during the period of advance remain unadjusted) based
on the change of base rate time to time.
Advance should be recovered within the original completion time.
9. OTHER ADVANCE:
Provision for 100% advance (interest free) may also be allowed in dealing with
procurement on single tender basis from CPSU/Govt. controlled autonomous Organisation
/ Universities / Laboratories/ Reputed Private Manufacturer as OEM etc.
The payment of advance is normally discouraged. The advance payment, in exceptional
cases, may be given to the extent of 10% of total ordered value against submission
of a Bank Guarantee of equivalent amount (on account of advance) and the same
should have sufficient validity covering the full delivery period / full completion period
and final payment thereof. Rate of interest of advance should be package specific and
commensurate with the market rate.
10. PAYMENT THROUGH RTGS/NEFT
All payments to the vendors will be released through RTGS/EFT only. Vendors are
requested to submit the requisite details as per Annexure E.
The contractor/vendor shall furnish the following certificate to the Paying Authority along
with each invoice/bill against payment for supplies made against any supply order/RC
with longer completion period (more than a year), if the same is placed on firm price
basis. ‘I / we certify that there has been no reduction in the sale price of the stores of
description identical to this item, supplied to any person/organization and such stores
have not been offered/sold by me/us to any person/organization at a price lower than
the price charged under this contract upto the date of this bill.’
11. PURCHASE PREFERENCE:
At present DVC, an autonomous body under Ministry of Power, GOI is granted exemption
from Purchase Preference Policy vide GOI OM dated 18-07-2005. However, any change
in Govt. Policy/Directives on this subject will be applicable.
12. SOURCE OF SUPPLY:
The Vendor shall ensure that the indigenous capacity is utilized to the fullest extent
possible in execution of the order. Where the imports are unavoidable, the Vendor shall
import all such items in good time against his own import licence without affecting the
contractual delivery schedule.

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13. ELIGIBILITY CRITERIA OF JOINT VENTURE/ASSOCIATES IN TURNKEY


CONTRACT:
i) The bidder shall be a joint venture company incorporated in India and registered under
the Companies Act 1956, provided that eligibility criteria of individual bidder mentioned
at NIT is met by one of the promoters or jointly by more than one promoter. Each
promoter company on the basis of whom the joint venture company gets qualified shall
have minimum 26% equity in the JV company. The equity shall be locked in at least
for a period of 5 years from the date of bid opening or till the completion of the warranty
period of the project whichever is later. The bidder and the promoter company (ies) on
whose strength the JV company is qualified, shall be jointly and severally liable for the
execution of the contract and an undertaking to this effect shall be submitted along with
the bid. In case of award, the said promoter company (ies) shall be required to give
separate on demand bank guarantee for an amount equal to 1% of the total contract
price in addition to the contract performance guarantee of 10% of contract value to be
furnished by the bidder. NO JVC partner shall be allowed to bid independently or as
a member in a consortium for this bid.
ii) Bidders may take part in the bidding process with associates, provided he associates
with a single firm for covering the any deficiency of QR part of individual bidder specified
at NIT. In such a case the bidder shall furnish undertaking jointly executed by him and
his associate for successful performance of the relevant system along with the bid. In
case of award, associate shall be required to furnish bank guarantee for 5.0% (five
percent) of contract price of the work value in addition to the contract performance
guarantee of 10% (ten percent) of contract value to be furnished by the bidder.
iii) In case, bidder is a JVC and does not meet financial requirements stated at NIT, the
financial capability of at least one of the JVC partners on whose experience the
qualification is sought, shall meet the financial QR.
The lead partner shall be authorized to incur liabilities and receive instruction for and/or
on behalf of partners of Joint Venture and the entire execution of the contract including
receipt of payment shall be done exclusively through lead partners. The authorization
shall be authenticated by submitting power of attorney signed by the legally authorized
signatories of all the partners as per approved proforma of DVC.
iv) All the partners of the Joint Venture Companies shall be liable jointly and severally for
the execution of the contract, if awarded, in accordance with the settled terms &
conditions and a copy of agreement entered into by the Joint Venture partners having
such provision shall be submitted with the bid. A statement to this effect shall be included
in the authorisation mentioned under (IV) above.
v) The Joint Venture of the firms shall furnish all the required information as asked for in
the NIT/ GCC / Specification in respect of each of their partners in their bid. In case
of successful bid, the form of agreement shall be signed so as to be legally binding on

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all the partners. The format of the power of attorney and other documents to be submitted
by Joint Venture Partners as indicated in (iii), (iv) & (v) may be suitably structured by
our Legal Department.
14. SELECTION OF SUB VENDORS FOR TURNKEY CONTRACTS / PACKAGES:
Approved list of Sub-vendors will be indicated in the bidding documents for QR and
non-QR items of supply.
For non-critical items, there may not be enlisted Sub-vendors for every item and the
supply shall be accepted as per related standards, approved sample, and satisfactory
inspection, wherever applicable.
The bidders are, permitted to propose new/different Sub Vendor for approval of DVC
in the pre and post bid stage.
If any new sub-vendor is proposed by the bidder, it may be approved and if it is
acceptable on consideration that the proposed Sub Vendor made previous supplies to
DVC or is included in the approved list in any other DVC / PGCIL / NTPC Project for
similar supply.
In case the proposed Sub Vendor is found to meet the QR and is neither in the approved
list nor has made any previous supply to DVC, appropriate decision may be taken by
the concerned Chief Engineer in consideration of documents furnished by the sub-
vendor and further assessment, if required, may be done in the pre-award/post award
stage.
For non-QR items of supply, if new Sub Vendor is proposed by the bidder, it will be
obligatory on the part of bidder to furnish the details / documents in support of their
claim which would be reviewed and appropriate decision taken. In the event of further
assessment of credential of Sub Vendor being felt necessary beyond the document
furnished by the bidders, it shall be dealt with during post award stage.
Normally no separate QR may be stipulated for sub-contracting of erection works. In
cases, where Sub-contractor for erection job is proposed by the bidder, the qualification
of the proposed Sub-Contractor may be examined keeping in view the qualification
requirement applicable for the quantum of job proposed to be sub-contracted and other
relevant aspects related to the site condition and overall responsibility of the contractor.
The Sub Vendor / vendors shall be approved by the Tender Accepting Authority/concerned
CEs.
15. SPARE PARTS, OILS & LUBRICANTS:
Wherever applicable, the Vendor shall furnish item wise price list of spare parts required
for two years operation of the equipment ordered. The Vendor shall also provide the
necessary instructions and drawings to identify the spare part numbers and their location
as well as an interchangeability chart. The Vendor shall recommend the quality of oils
and lubricants required to be used to the operation of the equipment supplied under
this Order for a continuous operation for a period of at least one year.
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16. VENDORS LIABILITY:


Vendor hereby accepts full responsibility and indemnifies the Purchaser/owner and
shall hold the Purchaser / owner harmless from all acts of omissions and commissions
on the part of the vendor, his agents, his subcontractors and employees in execution
of the Order. The Vendor also agrees to defend and hereby undertakes to indemnify
the Purchaser / owner and also hold him harmless from any and all claims of injury to
or death of any and all persons including but not limited to employees and for damage
to the property arising out of or in connection with the performance of the work under
the Purchase Order / contract. Vendor will also be responsible and indemnify the owner
for any consequential damages.
17. PACKING AND MARKING:
All goods shall be securely packed in cases, bundles, crates etc. suitable for Rail /
Road / Air / Sea transport. All exposed services/connections, protrusions shall be
properly protected. All unexposed parts shall be packed with due care and the packages
should bear the words “Handle with Care”. The packing of the goods to be transported
by Rail / Road / Air / Sea shall be as per the conditions laid down by the appropriate
authorities and the Vendor shall obtain clean railway / goods receipts without any
qualifying remark.
All packages and unpacked materials shall be marked on at least two places indicating
the name of the Purchaser/ Consignee, Purchase Order No., gross & net weights and
dimensions with indelible paint in English. In case of bundles, metallic plates marked
with the above details shall be tagged. All packages containing harmful/ hazardous
materials should be prominently marked.
All goods should be despatched as per the relevant terms of the Purchase Order. In
case any mode of transports has to be resorted to other than that mentioned in the
Purchaser Order, the same should be done only after obtaining prior approval in writing
from the Purchaser. All movement sanctions, loading permissions etc. from the railway
or other authorities shall be obtained by the Vendor. The vendor should also take care
of the odd-size consignments and their clearances involved. The Vendor shall
communicate the relevant dispatch particulars immediately on dispatch by telex/telegram
to the consignee as specified in the Purchase Order.
The Vendor shall also forward original and copies of dispatch documents to the concerned
authorities as required in the Purchase Order within two days from the date of despatch,
failing which the Vendor shall be responsible for any delay in payments of consignment
for want of documents and consequent demurrage, detention charges, etc.
18. MODE OF DESPATCH:
Vendor shall despatch the materials as per schedule mode of despatch as indicated
in the purchase order/contract and any violations to this effect without taking prior
written approval from the purchaser/owner is not permissible. If it is dispatched without
per mission , all risk and cost is to borne by the vendor.
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19. ACCEPTANCES:
The Vendor shall return the duplicate copy of the Purchase Order / contract / Work
Order and the other enclosed documents duly signed with seal and date as a mark of
acceptance, within 15 days from the date of issuance of the order to the Order Issuing
Authority.
20. SETTLEMENT OF DISPUTES & ARBITRATION:
20.1. ADJUDICATOR
20.1.1 If any dispute of any kind whatsoever shall arise between the Employer and the
Contractor in connection with or arising out of the Contract, including without
prejudice to the generality of the foregoing, any question regarding its existence,
validity or termination, or the execution of the Facilities—whether during the progress
of the Facilities or after their completion and whether before or after the termination,
abandonment or breach of the Contract—the parties shall seek to resolve any such
dispute or difference by mutual consultation. If the parties fail to resolve such a
dispute or difference by mutual consultation, then the dispute shall be referred in
writing by either party to the Adjudicator, with a copy to the other party.
20.1.2 The Adjudicator shall give its decision in writing to both parties within twenty-eight
(28) days of a dispute being referred to it. If the Adjudicator has done so, and no
notice of intention to commence arbitration has been given by either the Employer
or the Contractor within fifty-six (56) days of such reference, the decision shall
become final and binding upon the Employer and the Contractor. Any decision that
has become final and binding shall be implemented by the parties forthwith.
20.1.3 Should the Adjudicator resign or die, or should the Employer and the Contractor
agree that the Adjudicator is not fulfilling its functions in accordance with the
provisions of the Contract, another retired Judge of High Court / Supreme Court
of India shall be jointly appointed by the Employer and the Contractor as Adjudicator
under the Contract. Failing agreement between the two, within twenty eight (28)
days, the new retired Judge of High Court/Supreme Court of India shall be appointed
as Adjudicator under the Contract at the request of either party by the Appointing
Authority specified in the SCC. The Adjudicator shall be paid fee plus reasonable
expenditures incurred in the execution of its duties as Adjudicator under the Contract.
These costs shall be divided equally between the Employer and the Contractor.
20.2. ARBITRATION
20. 2.1 If either the Employer or the Contractor is dissatisfied with the Adjudicator’s decision,
or if the Adjudicator fails to give a decision within twenty-eight (28) days of a dispute
being referred to it, then either the Employer or the Contractor may, within fifty-six
(56) days of such reference, give notice to the other party, with a copy for information
to the Adjudicator, of its intention to commence arbitration, as hereinafter provided,
as to the matter in dispute, and no arbitration in respect of this matter may be
commenced unless such notice is given.
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20.2.2 Any dispute in respect of which a notice of intention to commence arbitration has
been given in accordance with GCC Sub-Clause 20.2.1 shall be finally settled by
arbitration. Arbitration may be commenced prior to or after completion of the Facilities.
20.2.3 Any dispute submitted by a party to arbitration shall be heard by an arbitration panel
composed of three arbitrators, in accordance with the provisions set forth below.
20.2.4 The Employer and the Contractor shall each appoint one arbitrator, and these two
arbitrators shall jointly appoint a third arbitrator, who shall chair the arbitration panel.
If the two arbitrators do not succeed in appointing a third arbitrator within twenty-
eight (28) days after the latter of the two arbitrators has been appointed, the third
arbitrator shall, at the request of either party, be appointed by the Appointing Authority
for arbitrator designated in the SCC.
20.2.5 If one party fails to appoint its arbitrator within forty-two (42) days after the other
party has named its arbitrator, the party which has named an arbitrator may request
the Appointing Authority to appoint the second arbitrator.
20.2.6 If for any reason an arbitrator is unable to perform its function, the mandate of the
Arbitrator shall terminate in accordance with the provisions of applicable laws as
mentioned in GCC Clause 30 (Governing Law) and a substitute shall be appointed
in the same manner as the original arbitrator.
20.2.7 Arbitration proceedings shall be conducted as follows:-
(i) Appointing Authority for Adjudicator: Chairman of DVC.
Appointing Authority for third Arbitrator:
a) President, Institution of Engineers in case of an Indian Contractor. b) President,
International Chambers of Commerce, Paris in case of a Foreign Contractor.
(ii) Rules of procedure for arbitration proceedings:
a) In case of a foreign contractor the arbitration proceeding shall be conducted in
accordance with the United Nations Commission on International Trade Law
(UNCITRAL) Arbitration Rules of 1976.
b) In case of an Indian Contractor, the arbitration proceedings shall be conducted in
accordance with Indian Arbitration and Conciliation Act 1996. In case the Indian
Contractor is an Indian Public Sector Enterprise /Government Department (but not
a state Govt. Undertaking of Joint Sector Undertaking which is not a subsidiary of
Central Govt. Undertaking), the dispute arising between the Employer and the
Contractor shall be referred for resolution to a Permanent Arbitration machinery
(PAM) of the Department of Public Enterprises, Government of India.
(iii) The Place for Arbitration shall be : Kolkata, India
20.2.8 The decision of a majority of the arbitrators (or of the third arbitrator chairing the
arbitration panel, if there is no such majority) shall be final and binding and shall
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be enforceable in any court of competent jurisdiction as decree of the court. The


parties thereby waive any objections to or claims of immunity from such enforcement.
20.2.9 The arbitrator(s) shall give reasoned award.
20.3. Notwithstanding any reference to the Adjudicator or arbitration herein,
(a) the parties shall continue to perform their respective obligations under the Contract
unless they otherwise agree
(b) the Employer shall pay the Contractor any monies due to the Contractor.
21. WORK PROGRAMME
21.1. CONTRACTOR’S ORGANIZATION
The Contractor shall supply to the Employer and the Project Manager a chart showing
the proposed organization to be established by the Contractor for carrying out work.
The chart shall include the identities of the key personnel together with the curricula
vitae of such key personnel to be employed within twenty-one (21) days of the Effective
Date. The Contractor shall promptly inform the Employer and the Project Manager
in writing of any revision or alteration of such an organization chart.
21.2. PROGRAMME OF PERFORMANCE
Within twenty-eight (28) days after the date of Notification of Award of Contract, the
Contractor shall prepare and submit to the Project Manager a detailed program of
performance of the Contract, made in the form of PERT network and showing the
sequence in which it proposes to design, manufacture/procure, transport, work at site
as well as the date(s) by which the Contractor reasonably requires that the Employer
shall have fulfilled its obligations under the Contract so as to enable the Contractor
to execute the Contract in accordance with the program and to achieve Completion
of the Facilities in accordance with the Contract. The program so submitted by the
Contractor shall accord with the Time Schedule to the Contract Agreement and any
other dates and periods specified in the Contract. The Contractor shall update and
revise the program as and when appropriate or when required by the Project Manager,
but without modification in the
Times for Completion given in the SCC and any extension granted in accordance
with GCC Clause 23, and shall submit all such revisions to the Project Manager.
21.3 Progress Report
The Contractor shall monitor progress of all the activities specified in the program
referred to in GCC Sub-Clause 21.2 (Program of Performance) above, and supply
a progress report to the Project Manager every month.
The progress report shall be in a form acceptable to the Project Manager and shall
also indicate: (a) percentage completion achieved compared with the planned
percentage completion for each activity; and (b) where any activity is behind the
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program, giving comments and likely consequences and stating the corrective action
being taken.
21.4 PROGRESS OF PERFORMANCE
If at any time the Contractor’s actual progress falls behind the program referred to
in GCC Sub- Clause 21.2 (Program of Performance), or it becomes apparent that it
will so fall behind, the Contractor shall, at the request of the Employer or the Project
Manager, prepare and submit to the Project Manager a revised program, taking into
account the prevailing circumstances, and shall notify the Project Manager of the
steps being taken to expedite progress so as to attain Completion of the Facilities
within the Time for Completion under GCC Clause 13 (Time for Commencement and
Completion), or any extended period as may otherwise be agreed upon between the
Employer and the Contractor.
21.5 WORK PROCEDURES
The Contract shall be executed in accordance with the Contract Documents and the
procedures given in the section on Forms and Procedures of the Contract Documents.
If agreed between the Employer and the Contractor, the Contractor may execute the
Contract in accordance with its own standard project execution plans and procedures
to the extent that
they do not conflict with the provisions contained in the Contract.
21.6 Maintenance of Records of Weekly Progress Review Meetings at Site.
The Contractor shall be required to attend all weekly progress review meetings
organized by the 'Project Manager' or his authorised representative. The deliberations
in the meetings shall inter- alia include the weekly program, progress of work (including
details of manpower, tools and plants deployed by the contractor vis-a-vis agreed
schedule), inputs to be provided by Employer, delays, if any and recovery program,
specific hindrances to work and work instructions by Employer. The minutes of the
weekly meetings shall be recorded in triplicate in a numbered register available with
the Project Manager or his authorized representative. These recordings shall be jointly
signed by the Project Manager or his authorized representative and the Contractor
and one copy of the signed records shall be handed over to the Contractor".
22. TRANSFER OF OWNERSHIP
22.1 Ownership of the Contractor’s Equipment used by the Contractor and its Subcontractors
in connection with the Contract shall remain with the Contractor or its Subcontractors.
22.2 Disposal of surplus material: Ownership of any goods/materials in excess of the
requirements for the Facilities (i.e. surplus material) shall revert to the Contractor
upon Completion of the Facilities or at such earlier time when the Employer and the
Contractor agree that the goods/materials in question are no longer required for the
Facilities. The Contractor shall remove from the site such surplus material brought
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by him in pursuance of the Contract, subject to the Contractor producing the necessary
clearance from the relevant authorities (Custom, Excise etc.), if required by the law,
in respect of re-export or disposal of the surplus material locally.
The liability for the payment of the applicable taxes/duties, if any, on the surplus
material so re- exported and / or disposed locally shall be that of the Contractor.
The Contractor shall also indemnify to keep the Employer harmless from any act of
omission or negligence on the part of the Contractor in following the statutory
requirements with regard to removal/disposal of surplus material. The Indemnity Bond
shall be furnished by Contractor as per proforma. Further, in case the laws require
the Employer to take prior permission of the relevant Authorities before handing over
the surplus material to the Contractor, the same shall be obtained by the Contractor
on behalf of the Employer.
22.3 Notwithstanding the transfer of ownership of the goods/materials, the responsibility
for care and custody thereof together with the risk of loss or damage thereto shall
remain with the Contractor hereof until Completion of the Facilities or the part thereof
in which such goods/materials are incorporated.
22.4 In case of where the Employer hands over his goods/materials/Equipment to the
Contractor for executing the Contract, then the Contractor shall, at the time of taking
delivery of the goods/materials/Equipment through Bill of Lading or other despatch
documents, furnish Trust Receipt for goods/materials/Equipment and also execute
an Indemnity Bond in favour of the Employer for keeping the equipment in safe custody
and to utilise the same exclusively for the purpose of the said Contract.
23. CHANGES IN THE FACILITIES
23.1 INTRODUCING A CHANGE
23.1.1 The Employer shall have the right to propose, and subsequently require, that the
Project Manager order the Contractor from time to time during the performance of
the Contract to make any change, modification, addition or deletion to, in or from
the Facilities (hereinafter called “Change”), provided that such Change falls within
the general scope of the Facilities and does not constitute unrelated work and that
it is technically practicable, taking into account both the state of advancement of
the Facilities and the technical compatibility of the Change envisaged with the
nature of the Facilities as specified in the Contract .
23.1.2 The Contractor may from time to time during its performance of the Contract propose
to the Employer (with a copy to the Project Manager) any Change that the Contractor
considers necessary or desirable to improve the quality, efficiency or safety of the
Facilities. The Employer may at its discretion approve or reject any Change proposed
by the Contractor.
23.1.3 Notwithstanding GCC Sub-Clauses 23.1.1 and 23.1.2, no change made necessary
because of any default of the Contractor in the performance of its obligations under
the Contract shall be deemed to be a Change, and such change shall not result
in any adjustment of the Contract Price or the Time for Completion.
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23.1.4 The procedure on how to proceed with and execute Changes is specified in GCC
Sub Clauses 23.2 and 23.3.
23.2 CHANGES ORIGINATING FROM EMPLOYER
23.2.1 If the Employer proposes a Change pursuant to GCC Sub-Clause 23.1.1, it shall
send to the Contractor a “Request for Change Proposal,” requiring the Contractor
to prepare and furnish to the Project Manager as soon as reasonably practicable
a “Change Proposal,” which shall include the following:
(a) brief description of the Change
(b) effect on the Time for Completion
(c) estimated cost of the Change
(d) effect on any other provisions of the Contract.
23.2.2 The pricing of any Change shall, as far as practicable, be calculated in accordance
with the rates and prices included in the Contract. If the rates and prices of any
change are not available in the Contract, the parties thereto shall agree on specific
rates for the valuation of the Change.
23.2.3 If before or during the preparation of the Change Proposal it becomes apparent
that the aggregate effect of compliance therewith and with all other Change Orders
that have already become binding upon the Contractor under this GCC Clause 23
would be to increase or decrease the Contract Price as originally set forth in Contract
Price of the Contract Agreement, the Contractor may give a written notice of objection
thereto prior to furnishing the Change Proposal as aforesaid. If the Employer
accepts the Contractor’s objection, the Employer and the Contractor shall agree
on specific rates for valuation of the change.
23.2.4 Upon receipt of the Change Proposal, the Employer and the Contractor shall
mutually agree upon all matters therein contained including agreement on rates if
such rates are not available in the Contract or if the limit set forth in Clause 23.2.3
has been exceeded. Within fourteen (14) days after such agreement, the Employer
shall, if it intends to proceed with the Change, issue the Contractor with a Change
Order.
If the Employer is unable to reach a decision within fourteen (14) days, it shall notify
the Contractor with details of when the Contractor can expect a decision.
If the Employer decides not to proceed with the Change for whatever reason, it
shall, within the said period of fourteen (14) days, notify the Contractor accordingly.
23.2.5 If the Employer and the Contractor cannot reach agreement on the price for the
Change, an equitable adjustment to the Time for Completion, or any other matters
identified in the Change Proposal, the Employer may nevertheless instruct the
Contractor to proceed with the Change by issue of a “Pending Agreement Change
Order.”
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Upon receipt of a Pending Agreement Change Order, the Contractor shall immediately
proceed with effecting the Changes covered by such Order. The parties shall
thereafter attempt to reach agreement on the outstanding issues under the Change
Proposal.
If the parties cannot reach agreement within sixty (60) days from the date of issue
of the Pending Agreement Change Order, then the matter may be referred to the
Adjudicator in accordance with the provisions of GCC Sub-Clause 20.1 (Adjudicator).
23.3 CHANGES ORIGINATING FROM CONTRACTOR
23.3.1 If the Contractor proposes a Change pursuant to GCC Sub-Clause 23.1.2, the
Contractor shall submit to the Project Manager a written “Application for Change
Proposal,” giving reasons for the proposed Change and including the information
specified in GCC Sub-Clause 23.2.1.
Upon receipt of the Application for Change Proposal, the parties shall follow the
procedures outlined in GCC Sub-Clauses 23.2.4 and 23.2.5
24 TERMINATION
24.1 TERMINATION FOR EMPLOYER’S CONVENIENCE
24.1.1 The Employer may at any time terminate the Contract for any reason by giving the
Contractor a notice of termination that refers to this GCC Sub-Clause 24.1.
24.1.2 Upon receipt of the notice of termination under GCC Sub-Clause 24.1.1, the
Contractor shall either immediately or upon the date specified in the notice of
termination
(a) cease all further work, except for such work as the Employer may specify in the
notice of termination for the sole purpose of protecting that part of the Facilities
already executed, or any work required to leave the Site in a clean and safe condition
(b) Terminate all subcontracts, except those to be assigned to the Employer pursuant
to paragraph (d)(ii) below
(c) Remove all Contractor’s Equipment from the Site, repatriate the Contractor’s and
its Subcontractors’ personnel from the Site, remove from the Site any wreckage,
rubbish and debris of any kind, and leave the whole of the Site in a clean and safe
condition
(d) In addition, the Contractor, subject to the payment specified in GCC Sub-Clause
24.1.3, shall
(i) Deliver to the Employer the parts of the Facilities executed by the Contractor
up to the date of termination
(ii) To the extent legally possible, assign to the Employer all right, title and benefit
of the Contractor to the Facilities and to the Plant and Equipment as at the date
of termination, and, as may be required by the Employer, in any subcontracts
concluded between the Contractor and its Subcontractors
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(iii) Deliver to the Employer all non-proprietary drawings, specifications and other
documents prepared by the Contractor or its Subcontractors as at the date of
termination in connection with the Facilities.
24.1.3 In the event of termination of the Contract under GCC Sub-Clause 24.1.1, the
Employer shall pay to the Contractor the following amounts:
(a) the Contract Price, properly attributable to the parts of the Facilities executed by
the Contractor as of the date of termination
(b) the costs reasonably incurred by the Contractor in the removal of the Contractor’s
Equipment from the Site and in the repatriation of the Contractor’s and its
Subcontractors’ personnel
(c) any amounts to be paid by the Contractor to its Subcontractors in connection with
the termination of any subcontracts, including any cancellation charges
(d) costs incurred by the Contractor in protecting the Facilities and leaving the Site in
a clean and safe condition pursuant to paragraph (a) of GCC Sub-Clause 24.1.2
(e) the cost of satisfying all other obligations, commitments and claims that the Contractor
may in good faith have undertaken with third parties in connection with the Contract
and that are not covered by paragraphs (a) through (d) above.
24.2 TERMINATION FOR CONTRACTOR’S DEFAULT
24.2.1 The Employer, without prejudice to any other rights or remedies it may possess,
may terminate the Contract forthwith in the following circumstances by giving a
notice of termination and its reasons therefore to the Contractor, referring to this
GCC Sub-Clause 24.2:
(a) if the Contractor becomes bankrupt or insolvent, has a receiving order issued
against it, compounds with its creditors, or, if the Contractor is a corporation, a
resolution is passed or order is made for its winding up (other than a voluntary
liquidation for the purposes of amalgamation or reconstruction), a receiver is
appointed over any part of its undertaking or assets, or if the Contractor takes or
suffers any other analogous action in consequence of debt
(b) if the Contractor assigns or transfers the Contract or any right or interest therein
in violation of the provision of GCC Clause 23 (Assignment).
(c) if the Contractor, in the judgement of the Employer has engaged in corrupt or
fraudulent practices in competing for or in executing the Contract.
For the purpose of this Sub-Clause:
"corrupt practice" means the offering, giving, receiving or soliciting of anything of
value to influence the action of a public official in the procurement process or in
contract execution.

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"fraudulent practice" means a misrepresentation of facts in order to influence a


procurement process or the execution of a contract to the detriment of the Employer
and includes collusive practice among Bidders (prior to or after bid submission)
designed to establish bid prices at artificial non-competitive levels and to deprive
the Employer of the benefits of free and open competition.
24.2.2 If the Contractor
(a) has abandoned or repudiated the Contract
(b) has without valid reason failed to commence work on the Facilities promptly or has
suspended (other than pursuant to GCC Sub-Clause 24.2) the progress of Contract
performance for more than twenty-eight (28) days after receiving a written instruction
from the Employer to proceed
(c) persistently fails to execute the Contract in accordance with the Contract or
persistently neglects to carry out its obligations under the Contract without just
cause
(d) refuses or is unable to provide sufficient materials, services or labour to execute
and complete the Facilities in the manner specified in the program furnished under
GCC Clause 21.2 (Program of Performance) at rates of progress that give reasonable
assurance to the Employer that the Contractor can attain Completion of the Facilities
by the Time for Completion as extended then the Employer may, without prejudice
to any other rights it may possess under the Contract, give a notice to the Contractor
stating the nature of the default and requiring the Contractor to remedy the same.
If the Contractor fails to remedy or to take steps to remedy the same within fourteen
(14) days of its receipt of such notice, then the Employer may terminate the Contract
forthwith by giving a notice of termination to the Contractor that refers to this GCC
Sub-Clause 24.2.
24.2.3 Upon receipt of the notice of termination under GCC Sub-Clauses 24.2.1 or 24.2.2,
the Contractor shall, either immediately or upon such date as is specified in the
notice of termination,
(a) cease all further work, except for such work as the Employer may specify in the
notice of termination for the sole purpose of protecting that part of the Facilities
already executed, or any work required to leave the Site in a clean and safe condition
(b) terminate all subcontracts, except those to be assigned to the Employer pursuant
to paragraph (d) below
(c) deliver to the Employer the parts of the Facilities executed by the Contractor up to
the date of termination
(d) to the extent legally possible, assign to the Employer all right, title and benefit of
the Contractor to the Works and to the Plant and Equipment as at the date of
termination, and, as may be required by the Employer, in any subcontracts concluded
between the Contractor and its Subcontractors
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(e) deliver to the Employer all drawings, specifications and other documents prepared
by the Contractor or its Subcontractors as at the date of termination in connection
with the Facilities.
24.2.4 The Employer may enter upon the Site, expel the Contractor, and complete the
Facilities itself or by employing any third party. The Employer may, to the exclusion
of any right of the Contractor over the same, take over and use with the payment
of a fair rental rate to the Contractor, with all the maintenance costs to the account
of the Employer and with an indemnification by the Employer for all liability including
damage or injury to persons arising out of the Employer’s use of such equipment,
any Contractor’s Equipment owned by the Contractor and on the Site in connection
with the Facilities for such reasonable period as the Employer considers expedient
for the supply and work of the Facilities.
Upon completion of the Facilities or at such earlier date as the Employer thinks
appropriate, the Employer shall give notice to the Contractor that such Contractor’s
Equipment will be returned to the Contractor at or near the Site and shall return
such Contractor’s Equipment to the Contractor in accordance with such notice. The
Contractor shall thereafter without delay and at its cost remove or arrange removal
of the same from the Site.
24.2.5 Subject to GCC Sub-Clause 24.2.6, the Contractor shall be entitled to be paid the
Contract Price attributable to the Facilities executed as at the date of termination,
the value of any unused or partially used Plant and Equipment on the Site, and the
costs, if any, incurred in protecting the Facilities and in leaving the Site in a clean
and safe condition pursuant to paragraph (a) of GCC Sub-Clause 24.2.3. Any sums
due to the Employer from the Contractor accruing prior to the date of termination
shall be deducted from the amount to be paid to the Contractor under this Contract.
24.2.6 If the Employer completes the Facilities, the cost of completing the Facilities by the
Employer shall be determined.
If the sum that the Contractor is entitled to be paid, pursuant to GCC Sub-Clause
24.2.5, plus the reasonable costs incurred by the Employer in completing the
Facilities, exceeds the Contract Price, the Contractor shall be liable for such excess.
If such excess is greater than the sums due to the Contractor under GCC Sub-
Clause 24.2.5, the Contractor shall pay the balance to the Employer, and if such
excess is less than the sums due to the Contractor under GCC Sub-Clause 24.2.5,
the Employer shall pay the balance to the Contractor.
The Employer and the Contractor shall agree, in writing, on the computation
described above and the manner in which any sums shall be paid.

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24.3 TERMINATION BY CONTRACTOR


24.3.1 If
(a) the Employer has failed to pay the Contractor any sum due under the Contract
within the specified period, has failed to approve any invoice or supporting documents
without just cause pursuant to Terms and Procedures of Payment of the Contract
Agreement, or commits a substantial breach of the Contract, the Contractor may
give a notice to the Employer that requires payment of such sum, requires approval
of such invoice or supporting documents, or specifies the breach and requires the
Employer to remedy the same, as the case may be. If the Employer fails to pay
such sum, fails to approve such invoice or supporting documents or give its reasons
for withholding such approval, fails to remedy the breach or take steps to remedy
the breach within fourteen (14) days after receipt of the Contractor’s notice, or
(b) the Contractor is unable to carry out any of its obligations under the Contract for
any reason attributable to the Employer, including but not limited to the Employer’s
failure to provide possession of or access to the Site or other areas or failure to
obtain any governmental permit necessary for the execution and/or completion of
the Facilities which the Employer is required to obtain as per provision of the
Contract or as per relevant applicable laws of the country, then the Contractor may
give a notice to the Employer thereof, and if the Employer has failed to pay the
outstanding sum, to approve the invoice or supporting documents, to give its reasons
for withholding such approval, or to remedy the breach within twenty-eight (28)
days of such notice, or if the Contractor is still unable to carry out any of its obligations
under the Contract for any reason attributable to the Employer within twenty-eight
(28) days of the said notice, the Contractor may by a further notice to the Employer
referring to this GCC Sub-Clause 24.3.1, forthwith terminate the Contract.
24.3.2 The Contractor may terminate the Contract forthwith by giving a notice to the
Employer to that effect, referring to this GCC Sub-Clause 24.3.2, if the Employer
becomes bankrupt or insolvent, has a receiving order issued against it, compounds
with its creditors, or, being a corporation, if a resolution is passed or order is made
for its winding up (other than a voluntary liquidation for the purposes of amalgamation
or reconstruction), a receiver is appointed over any part of its undertaking or assets,
or if the Employer takes or suffers any other analogous action in consequence of
debt.
24.3.3 If the Contract is terminated under GCC Sub-Clauses 24.3.1 or 24.3.2, then the
Contractor shall immediately
(a) cease all further work, except for such work as may be necessary for the purpose
of protecting that part of the Facilities already executed, or any work required leaving
the Site in a clean and safe condition
(b) terminate all subcontracts, except those to be assigned to the Employer pursuant
to paragraph (d)(ii)
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(c) remove all Contractor’s Equipment from the Site and repatriate the Contractor’s
and its Subcontractor’s personnel from the Site
(d) In addition, the Contractor, subject to the payment specified in GCC Sub-Clause
24.3.4, shall
(i) deliver to the Employer the parts of the Facilities executed by the Contractor up
to the date of termination
(ii) to the extent legally possible, assign to the Employer all right, title and benefit
of the Contractor to the Facilities and to the Plant and Equipment as of the date
of termination, and, as may be required by the Employer, in any subcontracts
concluded between the Contractor and its Subcontractors
(iii) deliver to the Employer all drawings, specifications and other documents prepared
by the Contractor or its Subcontractors as of the date of termination in connection
with the Facilities.
24.3.4 If the Contract is terminated under GCC Sub-Clauses 24.3.1 or 24.3.2, the Employer
shall pay to the Contractor all payments specified in GCC Sub-Clause 24.1.3, and
reasonable compensation for all loss or damage sustained by the Contractor arising
out of, in connection with or in consequence of such termination.
24.3.5 Termination by the Contractor pursuant to this GCC Sub-Clause 24.3 is without
prejudice to any other rights or remedies of the Contractor that may be exercised
in lieu of or in addition to rights conferred by GCC Sub-Clause 24.3.
24.4 In this GCC Clause 24, the expression “Facilities executed” shall include all work
executed, Installation Services provided, any or all Plant and Equipment acquired
(or subject to a legally binding obligation to purchase) by the Contractor and used
or intended to be used for the purpose of the Facilities, up to and including the date
of termination.
24.5 In this GCC Clause 24, in calculating any monies due from the Employer to the
Contractor, account shall be taken of any sum previously paid by the Employer to
the Contractor under the Contract, including any advance payment paid pursuant
to Terms and Procedures of Payment to the Contract Agreement.
25. CONFIDENTIAL INFORMATION
25.1 The Employer and the Contractor shall keep confidential and shall not, without the
written consent of the other party hereto, divulge to any third party any documents,
data or other information furnished directly or indirectly by the other party hereto
in connection with the Contract, whether such information has been furnished prior
to, during or following termination of the Contract. Notwithstanding the above, the
Contractor may furnish to its Subcontractor(s) such documents, data and other
information it receives from the Employer to the extent required for the Subcontractor(s)
to perform its work under the Contract, in which event the Contractor shall obtain
from such Subcontractor(s) an undertaking of confidentiality similar to that imposed
on the Contractor under this GCC Clause 25.
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25.2 The Employer shall not use such documents, data and other information received
from the Contractor for any purpose other than execution of the Contract and
operation and maintenance of the Facilities. Similarly, the Contractor shall not use
such documents, data and other information received from the Employer for any
purpose other than the design, procurement, construction or such other work and
services as are required for the performance of the Contract.
25.3 The obligation of a party under GCC Sub-Clauses 25.1 and 25.2 above, however,
shall not apply to that information which
(a) now or hereafter enters the public domain through no fault of that party
(b) can be proven to have been possessed by that party at the time of disclosure and
which was not previously obtained, directly or indirectly, from the other party hereto
(c) otherwise lawfully becomes available to that party from a third party that has no
obligation of confidentiality.
25.4 The above provisions of this GCC Clause 25 shall not in any way modify any
undertaking of confidentiality given by either of the parties hereto prior to the date
of the Contract in respect of the Facilities or any part thereof.
25.5 The provisions of this GCC Clause 25 shall survive termination, for whatever reason,
of the Contract.
26. REPRESENTATIVES
26.1 PROJECT MANAGER
If the Project Manager is not named in the Contract, then within fourteen (14) days
of the Effective Date, the Employer shall appoint and notify the Contractor in writing
of the name of the Project Manager. The Employer may from time to time appoint
some other person as the Project Manager in place of the person previously so
appointed, and shall give a notice of the name of such other person to the Contractor
without delay. The Employer shall take reasonable care to see that no such
appointment is made at such a time or in such a manner as to impede the progress
of work. The Project Manager shall represent and act for the Employer at all times
during the currency of the Contract. All notices, instructions, orders, certificates,
approvals and all other communications under the Contract shall be given by the
Project Manager, except as herein otherwise provided.
All notices, instructions, information and other communications given by the
Contractor to the Employer under the Contract shall be given to the Project Manager,
except as herein otherwise provided.
26.2 Contractor’s Representative & Construction Manager
26.2.1 If the Contractor’s Representative is not named in the Contract, then within fourteen
(14) days of the Effective Date, the Contractor shall appoint the Contractor’s

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Representative and shall request the Employer in writing to approve the person so
appointed. If the Employer makes no objection to the appointment within fourteen
(14) days, the Contractor’s Representative shall be deemed to have been approved.
If the Employer objects to the appointment within fourteen (14) days giving the
reason therefore, then the Contractor shall appoint a replacement within fourteen
(14) days of such objection, and the foregoing provisions of this GCC Sub-Clause
26.2.1 shall apply thereto.
26.2.2 The Contractor’s Representative shall represent and act for the Contractor at all
times during the currency of the Contract and shall give to the Project Manager all
the Contractor’s notices, instructions, information and all other communications
under the Contract.
All notices, instructions, information and all other communications given by the
Employer or the Project Manager to the Contractor under the Contract shall be
given to the Contractor’s Representative or, in its absence, its deputy, except as
herein otherwise provided.
The Contractor shall not revoke the appointment of the Contractor’s Representative
without the Employer’s prior written consent, which shall not be unreasonably
withheld. If the Employer consents thereto, the Contractor shall appoint some other
person as the Contractor’s Representative, pursuant to the procedure set out in
GCC Sub-Clause 26.2.1.
26.2.3 The Contractor’s Representative may, subject to the approval of the Employer
(which shall not be unreasonably withheld), at any time delegate to any person any
of the powers, functions and authorities vested in him or her. Any such delegation
may be revoked at any time. Any such delegation or revocation shall be subject to
a prior notice signed by the Contractor’s Representative, and shall specify the
powers, functions and authorities thereby delegated or revoked. No such delegation
or revocation shall take effect unless and until a copy thereof has been delivered
to the Employer and the Project Manager.
Any act or exercise by any person of powers, functions and authorities so delegated
to him or her in accordance with this GCC Sub-Clause 26.2.3 shall be deemed to
be an act or exercise by the Contractor’s Representative.
26.2.3.1 Notwithstanding anything stated in GCC Sub-clause 26.1 and 26.2.1 above, for
the purpose of execution of contract, the Employer and the Contractor shall finalise
and agree to a Contract Co-ordination Procedure and all the communication under
the Contract shall be in accordance with such Contract Co-ordination Procedure.
26.2.4 From the commencement of work at the Site until completion, the Contractor’s
Representative shall appoint a suitable person as the construction manager
(hereinafter referred to as “the Construction Manager”). The Construction Manager
shall supervise all work done at the Site by the Contractor and shall be present at

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the Site throughout normal working hours except when on leave, sick or absent for
reasons connected with the proper performance of the Contract. Whenever the
Construction Manager is absent from the Site, a suitable person shall be appointed
to act as his or her deputy.
26.2.5 The Employer may by notice to the Contractor object to any representative or
person employed by the Contractor in the execution of the Contract who, in the
reasonable opinion of the Employer, may behave inappropriately, may be incompetent
or negligent, or may commit a serious breach of the Site regulations provided under
GCC Sub-Clause 32.3. The Employer shall provide evidence of the same, whereupon
the Contractor shall remove such person from the Facilities/Site.
26.2.6 If any representative or person employed by the Contractor is removed in accordance
with GCC Sub-Clause 26.2.5, the Contractor shall, where required, promptly appoint
a replacement.

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SECTION-XVII

ANNEXURES

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SECTION-XVII: ANNEXURES
ANNEXURE - A

COMMERCIAL TERMS & CONDITIONS

NAME OF THE PROJECT : ……………………………………………………..……….


1. Enquiry /NIT No : ………………………………………………………………..........
Date ………………..........… Date of Opening :
2. Name of the firm :
M/s…………………………….…………………………………………………………..………
………………………………………………………………………….....................................
Phone No……………………….. Fax No……………………… E-mail ……………….........
3. Address of the firm : (a) Head Office : (b) Registered Office : (c) Local/ Branch
Office : (d) Works :
(e) Auth. Distributor/ Autho. Agent, if any :
4. Registered with :…………………………………………………
5. Manufacturer/Make of the item(s) : M/s. ………………………………………………………
(In case of Distributor or Agent, relevant document shall be attached)
6. (a) Specify relevant Specification No……………………………………………
(b) Whether Certified by BIS or any other International Standard : YES/NO
(c) Whether Certified by ISO : YES/NO
7. To be furnished
(a) Relevant Drawing within ……………………..days of date of the P.O. (b)Sample to be
furnished within……………….days of date of the P.O.
8. Delivery : i) Delivery period ………………days from the date of PO
ii) Delivery period….days from the date of drawing approval.
9. Guarantee/Warranty Period : ………………months from the date of despatch /
…………… months from the date of commissioning whichever is earlier.
10. Agreed to accept DVC’s Security Deposit-cum-Performance : YES
Guarantee Clause, GCC cl. No. 23
11. Agreed to accept DVC’s LD Clause GCC cl No.22 : YES
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12. (a) Basis of Price : Firm/Variable

(b) If the price is variable, mention : ………………relevant PV Formula, base date &
ceiling limit for payment purpose, if any, as mentioned in the bid document

13. Price Based on : E-WORKS …………………….....................

14. Packing & Forwarding (if any) : ……....% on quoted EX-WORKS price/NA.

15. Basis of Freight Charge : Freight Charge based on By


Road/Rail/Sea/Air.

16. Quantum of Freight Charge : …............….…% of Ex-works of price

or (lump sum) on actuals against doc. evidence or free delivery at consignee store.

17. Payment Terms : DVC’s payment term / any other

18. Insurance : By DVC’s Open Policy/by the firm.

19. a) Excise Duty : Extra @ as on the date of bid b) Education Cess


opening/not applicable.

20. a) Customs duty on imports : Extra as applicable on the date of bid opening/NA.

b) CVD if applicable

21. Sales Tax/ vat : Concessional Sales Tax/vat as on the date of bid opening extra /
Not applicable.

22. Whether type test/inspection charge by 3rd party attracts any statutory taxes and duties
(like ED/Cess/ST/Service Charge etc.) ? : ….……….

Actual quantum as on the date of bid opening to be specified / NA

23. Any other Statutory Taxes or Duties : Extra as applicable at the time of delivery, if
any / not applicable.

DATE :

SIGNATURE OF THE BIDDER ALONG WITH SEAL

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ANNEXURE – B

PRICE BID
(APPLICABLE FOR MANUFACTURER ONLY. BIDDERS OTHER THAN MANUFACTURER
MAY QUOTE FOR ALL INCLUSIVE F.O.R. DESTINATION PRICE INDICATING FREIGHT
& INSURANCE COMPONENT SEPARATELY).

NAME OF THE PLANT : …………………………………………………....


ADDRESS : …………….…………………………………………………...
Enquiry/NIT No. : ………… …………………………………………………
Date : ……………………………………

ITEM MATERIAL QUANTITY UNIT UNIT F&I UNIT FOR TOTAL FOR
SL. NO. DESCRIPTION EX- CHARGE OR DESTINATION DESTINATION
WORKS UNIT PRICE (RS.) PRICE (RS.)
PRICE FREIGHT
(RS.) CHARGE *
(RS.)
(1) (2) (3) (4) (5) (6) (7)

* if the bidder opts for DVC’s Mega Risk Insurance Policy.

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Besides above, the following items to be quantified, if applicable.

I. Packing & Forwarding charges, if any :……………………

II. Excise Duty : ……………………………..

III. Education Cess : ……………………………

IV. Customs Duty +CVD, if any : ……………………………

V. Sales Tax /vat as applicable : ……………………………..

VI. Octroi/any other taxes & duties, if any : ……………………..

VII. Type test charge, including any taxes and duties, if any : ……………………………

VIII. 3rd Party Inspection Charge as per QAP including taxes & duties, if any : ………….……...

IX. Ex-works Cost of mandatory/recommended spares : ……………………….

(enclose separate sheet if required)

X. Freight & Insurance Charge in respect of Sl. No.(ix) :……

XI. Statutory Taxes & Duties as applicable on item described at Sl. No. (ix) : …………

DATE :

SIGNATURE OF THE BIDDER ALONG WITH SEAL

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ANNEXURE - C
Deviation Schedule
Bidder should agree to all the techno-commercial terms and conditions of the bid documents.
However, deviation, if any, should be stated as per the following schedule and to be
submitted along with the techno-commercial bid failing which it will be presumed that all
terms and conditions are acceptable to them. Deviations taken elsewhere and not brought
out in the following deviation schedule, the same will not be accepted. The owner reserves
the right to reject the offer on account of such deviations if the bidder, on advice of owner,
does not withdraw the deviations.
Name of the Project : …………………………………………….. Your NIT No.
:…………………………………………………….. (Bidder’s Name & Address)
:……………………………………… To
…………………………………………
…………………………………………. (Purchaser’s Name & Address)
Dear Sir(s),
Following are the deviations proposed by us relating to techno-commercial terms and
conditions. We confirm that we shall withdraw the deviations proposed by us at the cost
of withdrawal indicated in the price bid falling which our bid may be rejected and Bid Security
forfeited.

Sl. No. Clause No. Deviation

Date : ……………………. Signature …………………………. Place : ……………………...


(Name)…………………………………….......
(Designation) …………………………… (Common Seal) …………………………

NOTE : If there are no deviation, this deviation schedule shall be submitted along with the
techno-commercial bid duly signed and stamped after stating “NIL DEVIATIONS”.

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ANNEXURE - D
Cost of withdrawal of deviations
Name of the Project : …………………………… Your NIT No.
……………………………………..
(Bidder’s Name & Address) :…………….………………………………………… To
……………………………………………….. (Purchaser’s Name & Address)
Dear Sir(s),
Following are the deviations as proposed by us relating to techno-commercial terms and
conditions. We are also furnishing below the cost of withdrawal for the deviations proposed
by us. We confirm that we shall withdraw the deviations proposed by us at the cost of
withdrawal indicated in this attachment falling which our bid may be rejected and Bid
Security forfeited.

Sl. No. Clause No. Deviation Cost of Withdrawal in Rs.

Date :……………..… (Signature)…………….......................…... Place : ………..….......……


(Name)……………………………..…
(Designation) ……………………..… (Common Seal) ………………..……

NOTE : Bidders may note that bids containing deviations without the cost of withdrawal
price shall be considered as unresponsive offer and will be out rightly rejected. This schedule
indicating the cost of withdrawal price for such deviations should be submitted along with
the price bid only and will be taken into consideration for the purpose of bid evaluations.
Where the bidder quote lumpsum amount as cost of withdrawal of all the listed deviations
without furnishing item wise break ups, the entire amount will be added for the purpose of
evaluation.

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ANNEXURE -E
DETAILS OF BANKER FOR MAKING PAYMENT THROUGH RTGS/NEFT Requirement
for RTGS / CBS /NEFT
1. Name of the Company/ Beneficiary:
2. Address:
3. Phone/ FAX Number :
4. Bank Particulars :
a) Bank Name :
b) Branch Name :
c) Branch Address :
d) Branch Telephone No.& FAX No. :
e) Branch Code :
f) 9 Digit MICR No. of Branch (Enclose a cancelled Cheque) :
g) 11 Digit IFSC Code of Bank Branch :
h) Bank Account No. :
i) Bank Account Type: Current / CC etc. :
We hereby declare that the particulars given are correct and complete. If the transaction
is delayed or credit is not affected at all for reasons of incomplete or incorrect information,
we would not hold DVC responsible.
Date: (Authorised Signatory)
Place: (Printed Name) (Designation) …………………… (Name) ……………………
Address……………......................……..........
(Company Seal)
Bank Certification:
It is certified that above mentioned beneficiary holds a Bank Account No.......... with our
branch and the Bank particulars mentioned above are correct.

Date: (Authorised Signatory)


Place: (Name) (Designation)
(Authorisation No.) (Bank Seal)

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ANNEXURE -F
DAMODAR VALLEY CORPORATION
(ESTABLISHED BY THE ACT XIV OF 1948)
NAME OF THE PLANT/ OFFICE
ADDRESS OF THE PLANT/ OFFICE
PURCHASE ORDER FORMAT
NO........................ Tel No. ................................. Fax No................................
Date : ...................
To
** VENDOR’S NAME & VENDOR’S TELEPHONE:………………
ADDRESS :………………………..............................…….. FAX : ………………………............
……………………………………................…..............…… E-MAIL : ……………………..............
………………………………………….............................… MOBILE :……………...............……...
Sub: Supply of .................................................................................................
Ref :
i) Tender Enquiry No : ............................................. Dated ..................................
ii) Your Quotation No : ............................................. Dated ..................................
iii) Our Letter No : ............................................. Dated ..................................
iv) Your letter No : ............................................. Dated ..................................
Dear Sirs,
With reference to above, DAMODAR VALLEY CORPORATION is pleased to place order
on you to deliver the following item(s) subject to the terms and conditions specified herein
and as contained in our General Conditions of contract (GCC) supplied with the bid document
or download from site. Item-wise detailed specifications are also enclosed.
Sl. No. Description of item Qty Unit Unit Ex- Unit F&I Unit Total FOR-
works Charge FOR- destination
(to be (Rs.) or destinati Price (Rs.)
mentioned Unit on price
as per Freight (Rs.)
quotation) Charge*
price (Rs) (Rs.)

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TERMS & CONDITIONS


1. PRICE BASIS :
2. EXCISE DUTY :
3. EDUCATION CESS :
4. SALES TAX / VAT :
5. ANY OTHER STATUTORY TAXES & DUTIES :
6. FREIGHT CHARGES :
7. TYPE TEST CHARGE/3RD PARTY INSPECTION CHARGE, IF ANY:
8. PACKING & FORWARDING CHARGES:
9. MODE OF DESPATCH & PLACE OF DESPATCH:
10. INSURANCE :
11. PAYMENT TERMS :
12. SECURITY DEPOSIT CUM PERFORMANCE GUARANTEE:
13. L.D CLAUSE:
14. DELIVERY :
15. INSPECTION: (AS & WHERE REQUIRED)
16. GUARANTEE:
17. CONSIGNEE :
18. PAYING AUTHORITY:
19. SPECIAL CONDITIONS, IF ANY:
Please acknowledge receipt and convey your acceptance by returning the duplicate copy
of this Purchase Order duly signed with company seal and date within 10(ten) days to the
Purchase Order Issuing Authority.

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Enclosure :-

1. DETAILED SPECIFICATIONS OF THE ITEM (S).

2. BANK GUARANTEE FORMAT.

3. GUARANTEED TECHNICAL PARTICULARS.

4. special condition of contract

Yours faithfully,

(PO SIGNING AUTHORITY) FOR & ON BEHALF OF


DAMODAR VALLEY CORPORATION

** This format is for items procured from manufacturer only. FOR non-manufacturer vendor,
all- inclusive FOR-D price to be indicated in PO.

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ANNEXURE – G
DAMODAR VALLEY CORPORATION
NAME OF THE PLANT :……………………………………
ADDRESS :……………………………………………………

CERTIFICATE OF OEM/OES/PROPRIETORY/STANDARDISED ARTICLES


A. Manufacturer’s/Vendor’s ::
Name and Address & details of works where the item is manufactured
B. Description of Articles ::
C. Control Code No ::
D. Indigenous/Imported Item ::
E. If Imported, Name of the Indian Agent if any ::
F. Indent No with Date ::
G. Estimated Value ::
H. Basis of estimate : ………………………
1. This is to certify that to the best of my knowledge the items covered in the above indent
are manufactured by the manufacturer indicated above only and as such these items
are declared to be proprietary items of them.
2. This is to certify that the above item has been standardized for a period of vide Office
Memorandum No.________________ Dated._________
3. This is to certify that the spares covered in above Indent are required for use on the
equipment manufactured as indicated on the face of indent and as such these spares
are declared as proprietary spares of them.
4 a) This is to certify that items covered in above indent are required for use on the
equipment manufactured by the vendor indicated on the face of Indent and given therein
above will only serve our purpose and no other make shall be suitable. Hence the items
indented may be procured from them on single tender basis.
4. b) This is to certify that the equipment indented is from Original Equipment Manufacturer (OEM)
5. (a) In case the indented item to be procured from OES, Indenting authority should
certify that to the best their knowledge no substitute for the items covered in the above
indent are available in the market and there is no other vendor available for supply of
the indented item.
(b) OES as indicated by the Indenting Authority should certify that the tendered items
are manufactured under their direct technical supervision and necessary measures
have been taken by them for ensuring quality assurance.
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6. This is to certify that the items covered in the above indent have been originally
manufactured/ supplied by the vendor mentioned above.
Signature
Name
Designation
Date
Please strike out which are not applicable.
This certificate should be issued by authority not below the rank of Station Chief/Sr.C.E.
HOD./CE
Please note the following in general with respect to OEM & OES :

OEM – In case of complete equipment such as, Pump, Motor, Panel etc., manufacturer
of the complete equipment as a whole or component parts manufactured by the
OEM only, may be considered as Original Equipment Manufacturer (OEM).
OES – In case of supply of a package consisting of number of equipments/components,
the supplier of the total package may be considered as the original equipment
supplier (OES) and the same is a bought out item.
PAC – The article/component is manufactured by the vendor only and there is no other
known vendor who manufacture the same article.

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ANNEXURE – H
DAMODAR VALLEY CORPORATION
NAME OF THE PLANT :……………………………………
ADDRESS :……………………………………………………

BID OPENING STATEMENT


Tender Enquiry No. :
Date of Opening :
Number of Tender Documents sold :
Number of Tenders received :
Original Opening Date :
Extended Opening date if any :
Tenders were opened at .......... on ......... in presence of the following representatives of
the Vendors:

Authorization letter No
Name of Vendor’s Full signature of the
& Date of the Vendor
representative with representative with
to attend Tender
Designation date
Opening

01.

02.

03.

04.

05.

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1. DVC OFFICER’S FROM FINANCE / ACCOUNTS DEPARTMENT PRESENT IN THE


BID OPENING.

Full Name :.................................................................................... Designation : ...........................

Signature & Date : ...........................................................................

2. DVC OFFICERS PRESENT IN THE BID OPENING

i. Full Name: ........................... Designation: .................... Signature & Date : ........................

ii. Full Name : .................................................................. Designation : .......................................


Signature & Date :

NB. In case of E-procurement, tender opening committee members will open the bid through
their individual key and fill in the auto generated form.

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ANNEXURE – I
DAMODAR VALLEY CORPORATION
NAME OF THE PLANT :……………………………………
ADDRESS :……………………………………………………

FROM: SDE / SE / TO: ACAO, SR. AO


(PURCHASE DEPTT) / CPO (CASH), DVC

SUB : Release of Earnest Money Deposit (EMD) against Tender Enquiry No.
......................... dated .................................
REF: OUR EMD FORWARDING LETTER NO. ........................................... DATED
.......................
ADDRESSED TO THE ......................................................... (ACCO/SR.AO-CASH).
As the ordering action against the above tender has already been finalised, you are
requested to release the EMD of the following unsuccessful bidders with intimation to us.
Sl. No. Name of the Party EMD details (Rs. ............) in the form of ................................

1.

2.

3.

4.

5.

SIGNATURE WITH DATE CHIEF PURCHASE OFFICER/ TENDER INVITING AUTHORITY

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ANNEXURE – J
REQUEST TO INDENTING OFFICER FOR NO DEMAND CERTIFICATE TO RELEASE BG

DAMODAR VALLEY CORPORATION


NAME OF THE PLANT :……………………………………
ADDRESS :……………………………………………………

SUB : REQUEST FOR NO DEMAND CERTIFICATE TO RELEASE BANK GUARANTEE

NO. ............................. DATED..............................................

REF: PURCHASE ORDER NO. ............................DATED .............................. FOR SUPPLY

OF .....................................................................................................................PLACED ON

M/S. ..................................................................................................................................................

THE SUBJECT MENTIONED BANK GURANTEE AMOUNTING TO RS. ....................THE


FIRM HAS NOW REQUESTED TO RETURN THE BG VIDE THEIR LETTER NO.
.................DATED ..............

(COPY ENCLOSED)

YOU ARE, THEREFORE, REQUESTED TO ISSUE NO DEMAND CERTIFICATE TO


RELEASE THE BG IF THE CONTRACTUAL OBLIGATIONS including technical parameters
AS PER THE TERMS & CONDITIONS OF THE PURCHASE ORDER HAS BEEN
FULFILLED BY THE SUPPLIER. IN CASE THERE IS ANY DIFFICULTY IN ISSUING THE
NO DEMAND CERTIFICATE, THE REASON FOR THE SAME MAY PLEASE BE
COMMUNICATED. PLEASE SEND YOU REPLY IMMEDIATELY.

SIGNATURE WITH DATE (EE/SDE/SE OF PURCHASE DEPARTMENT)

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ANNEXURE – K
NO DEMAND CERTIFICATE TO RELEASE BG

DAMODAR VALLEY CORPORATION


NAME OF THE PLANT :……………………………………
ADDRESS :……………………………………………………

FROM: HEAD OF INDENTING TO: SDE/SE/CPO/PURCHASE


DEPARTMENT/PLANT/IO DEPARTMENT

SUB : NO DEMAND CERTIFICATE TO RELEASE BANK GUARANTEE NO. ..........................

DATED ...............................................

REF: 1. PURCHASE ORDER NO. ...................................................DATED ................................

FOR ...................... SUPPLY OF ....................................... PLACED ON M/S.

2. LETTER NO. .................................. DATED ................................ OF CPO

NO DEMAND IS HERE BY ISSUED TO RELEASE THE ABOVE MENTIONED BANK

GUARANTEE AMOUNTING TO RS. ........................................... AS THE CONTRACTUAL

OBLIGATIONS AS PER THE TERMS & CONDITIONS OF THE ABOVE PURCHASE


ORDER HAS BEEN FULFILLED BY THE SUPPLIER M/S.

...............................................................................

SIGNATURE WITH DATE CE/HOD/IO, INDENTING DEPARTMENT/PLANT

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ANNEXURE – L
RELEASE OF SECURITY DEPOSIT – BANK GUARANTEE

DAMODAR VALLEY CORPORATION


NAME OF THE PLANT :……………………………………
ADDRESS :……………………………………………………

FROM : EE / SDE / SE / CPO TO: CAO / ADDL. ACO

SUB : REQUEST FOR RELEASE OF BANK GUARANTEE NO. ............ DATED............

REF: 1. PURCHASE ORDER NO. ...................................................... DATED ............................

FOR SUPPLY OF .......................................................................... M/S. PLACED ON...............

2. OUR LETTER NO. ..................................... DATED ..........................................................

THE SUBJECT MENTIONED BANK GUARANTEE AMOUNTING TO RS. ................................

HAS EXPIRED ON ...................................... (DATE). AS THE FIRM HAS FULLY EXECUTED

THE ORDER, YOU ARE, THEREFORE, REQUESTED TO RELEASE THE SDBG AGAINST
THE ABOVE PURCHASE ORDER IMMEDIATELY.

SIGNATURE WITH DATE (PURCHASE DEPARTMENT)

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ANNEXURE – M
DAMODAR VALLEY CORPORATION

NAME OF THE PLANT :……………………………………


ADDRESS :……………………………………………………

BANK GUARANTEE VERIFICATION CHECK LIST

CHECKLIST YES NO
1. Does the Bank Guarantee compare verbatim with standard
DVC Proforma for BG?
2. a) Has the executing Officer of BG indicated his name,
designation & power of Attorney No. / Signing Power number
etc. on BG?
b) Is each page of BG duly signed / initialed by the executants
and last page is signed with full particulars as required in
the DVC’s standard Proforma of BG and under the seal of
the Bank?
c) Is BG no. and date mentioned on all pages of the BG.?
d) Does the last page of the BG carry the signature of two
witnesses alongside the signature of the Executing Bank
Manager.?
3. a) Is the BG on non – judicial stamp paper of appropriate
value.?
b) Is the date of sale of non-judicial stamp paper is issued
not more than six months prior to date of execution of BG?
4. a) Are the factual details such as Bid specifications No. /NIT
No. /LOA/PO No. contract price, etc. correct?
b) Whether overwriting /cutting if any on the BG authenticated
under signature & seal of executants.
5. Is the amount and validity of BG in line with contract
provisions?
6. Is the foreign bank guarantee, confirmed by a Nationalized/
Scheduled bank in India (as applicable)?

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7. Whether the BG has been issued by a Nationalized


Bank/non-Nationalized Bank Acceptable to DVC / Scheduled
bank of India (the applicability of the bank should be in line
with the provisions of bidding Documents). (on non-judicial
stamp paper of appropriate value to be purchased in the
name of the Bank).

(on non-judicial stamp paper of appropriate value to be purchased in the name of the Bank).

BANK GUARANTEE CONFIRMATION SYSTEM


The following methods for BG confirmation system which is swift & secured in addition to
the exiting paper based confirmation system may be considered:
a) Getting confirmation through digitally signed secured e-mails from issuing Bank
b) On line verification of company portal with user ID and password followed by second
stage authentication system generated one time password (OTP) on portal for
reconfirmation.
c) E-mail confirmation followed by second stage authentication by system generated
SMS through registered mobile and reconfirmation through SMS to the verifying
officer.

Note : DVC may evolve their own procedure adopting any one or more of the above methods
for ensuring genuineness of BGs, which is compatible with the guidelines of Banks/Reserved
Bank of India.

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ANNEXURE-N

FORM OF EXTENSION OF BANK GUARANTEE

Ref. No. : Date……….


To
*Damodar Valley Corporation,
Sub : Extension of Bank Guarantee No. ................................................ Dated ...............................
for Rs. ...................................... favouring yourselves, expiring on ............... on account of
M/s. ................................................................................... in respect of P.O. No. ..............................
Dated .............................
(Hereinafter called original Bank Guarantee)
Dear Sirs,
At the request of M/s.………………………… We……….....………… Bank Branch Office at
………………………and having its head office at ……………do hereby extend the validity
of the above mentioned Bank Guarantee No………...........……… dated ………… by another
…….. months/years and will now expire on ……… with claim period upto ........................
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
Dated……………….

SEAL OF BANK

Note : * Please mention the full address of project/office where the Bank Guarantee is to
be submitted.
The non – judicial stamp paper should be in the name of issuing Bank.

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ANNEXURE-O
PROFORMA OF BANK GUARANTEE FOR ADVANCE PAYMENT
(To be stamped in accordance with Stamp Act, if any, of the country of Issuing Bank)

Ref : ……………………………………… Bank Guarantee No…………… Date : ....................


To
Damodar Valley Corporation
(Address of the Plant/Establishment/Department)
Dear Sir,
In consideration of the Damodar Valley Corporation, a corporation constituted and established
under the Damodar Valley Corporation Act being Act No. XIV of 1948 and having its
Headquarters at DVC Towers,VIP Road,Kolktata-700054, (hereinafter referred to as the
‘Corporation’ which, expression shall, unless repugnant to the context or meaning thereof,
include its successors, administrators and assigns) having awarded to M/s ..................(
Contractor’s name)….with its Registered/Head Office at ………….. (hereinafter referred
to as the ‘ Contractor’ which expression shall unless repugnant to the context or meaning
thereof, includes its successors, administrators, executors & assigns), a Contract by issue
of Corporation’s *Purchase Order/Notice of Acceptance/Letter of Acceptance/Work Order
No. ……………….. dated ……… and the same having been unequivocally accepted by
the ‘Contractor’ resulting into a ‘Contract’ valued at ……for…..(Name and description of
the work/material)………(herein after referred to as the ‘Contract’)… and the Corporation
having agreed to make an interest bearing advance payment to the Contractor for faithful
performance of the said contract amounting to (Advance amount in figure & words) as an
Advance against Bank Guarantee to be furnished by the Contractor.
We …………(Name & Address of 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
& assigns) do hereby guarantee and undertake to pay the Corporation, on demand, any
and all monies payable by the Contractor to the extent of ……………(BG value)…… as
aforesaid at any time up to ……(@days/months/years)……..unconditionally, and without
any demur, reservation, contest, recourse or protest and without any reference to the
Contractor. Any such demand made by the Corporation on the Bank shall be conclusive
and binding notwithstanding any difference between the Corporation and Contractor or any
dispute pending before any Court, Tribunal, Arbitrator or any other Authority. The Bank
undertakes not to revoke this guarantee during its currency without previous consent of the
Corporation and further agrees that the guarantees herein contained shall be enforceable
till the Corporation discharges this Guarantee.
The Corporation shall have the fullest liberty without affecting in any way the liability of the
Bank under this guarantee, from time to time to extend the time for performance of Contract
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by the contractor. The Corporation 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 forbear to enforce any covenants, contained
or implied in the contract between the Corporation and the Contractor or any other course
of remedy or security available to the Corporation. The Bank shall not be released of its
obligations under these presents by any exercise by the Corporation 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 commission or omission on the part of the Corporation or any other
indulgence shown by the Corporation or by any other matter or thing whatsoever which
under law would, but for this provision have the effect of relieving the Bank.
The Bank also agrees that the Corporation 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 the Corporation
may have in relation to the Contractor’s liabilities.
Notwithstanding anything contained hereinabove our liability under this guarantee is restricted
t o … … … ( B G Va l u e ) … … … … . a n d i t s h a l l r e m a i n i n f o r c e u p t o a n d
including….…(@days/months/years) and shall be extended from time to time for such
period till the entire amount of the advance has been adjusted, as may be desired by
………(Contractor’s Name)……on whose behalf this guarantee has been given.
Dated this …………………………….day of -------(YYYY) at ……(Place)………………

(SIGNATURE) ……….……………………………..
(NAME) ……………………………………………..
-------------------------------------------------------
(DESIGNATION WITH BANK STAMP)
Attorney as per Power of Attorney no………..….…
DATED ………..…………………………………….
In presence of
WITNESS (with full name, designation, address and official seal, if any).
1) …………………………………………………
2) …………………………………. ..………
*Mention the relevant along with reference number.
@This date shall be ninety (90) days beyond the date of completion of the Contract.
Each page of the B.G. to be signed by the executant with common Bank stamp and date.

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ANNEXURE-P
PROFORMA OF BANK GUARANTEE IN LIEU OF EARNEST MONEY DEPOSIT
To
*DAMODAR VALLEY CORPORATION BG No. : DVC TOWERS : VIP ROAD Date :
KOLKATA-54.
Dear Sir.
In accordance with your Notice Inviting Tender for …………………...................….....………
……………………….……………………………………under your specification No………
……dated…………………M/s. ……(Name& full address of the firm) (Hereinafter called
the Tenderer) hereby submit the Bank Guarantee:

Whereas to participate in the said tender for the following:

1. …………………………………………… (Name of the items to be supplied as per NIT)


2. ……………………………………………………
3. ……………………………………………………
It is a condition in the tender documents that the tenderer has to deposit Earnest Money
amounting to Rs. …………… in respect to the tender, with Damodar Valley Corporation(*)
(hereinafter referred to as “Corporation”) by a Bank Guarantee from a Nationalised Bank/
Schedule Bank/Foreign Bank irrevocable and operative till the validity of the offer(i.e.
…………days from the date of opening of tender) for the like amount which amount is likely
to be forfeited on the happening of contingencies mentioned in the tender documents.
And whereas the tenderer desires to secure exemption from deposit of Earnest Money and
has offered to furnish a Bank Guarantee for a sum of Rs……………… to the Corporation
as Earnest Money.
Now, therefore, we the ………………………(Bank), a body corporate constituted under the
Banking Companies (Acquisition and Transfer of Undertaking) Act. 1969 (delete, if not
applicable) and branch Office at…………. (Hereinafter referred to as the Guarantor) do
hereby undertake and agree to pay forthwith on demand in writing by the Corporation of
the said guaranteed amount without any demur, reservation or recourse.
We, the aforesaid bank, further agree that the Corporation shall be the sole judge of and
as to whether the tenderer has committed any breach or breaches of any of the terms
costs, charges and expenses caused to or suffered by or that may be caused to or suffered
by the Corporation on account thereof to the extent of the Earnest Money required to be
deposited by the Tenderer in respect of the said Tender Document and the decision of the
Corporation that the Tender has committed such breach or breaches and as to the amount
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or amounts of loss, damage, costs, charges and expenses caused to or suffered by or that
may be caused to or suffered by the Corporation shall be final and binding on us.
We, the said Bank further agree that the Guarantee herein contained shall remain in full
force and effect until it is released by the Corporation and it is further declared that it shall
not be necessary for the Corporation to proceed against the Tenderer before proceeding
against the Bank and the Guarantee herein contained shall be invoked against the Bank,
notwithstanding any security which the Corporation may have obtained or shall be obtained
from the Tenderer at any time when proceedings are taken against the Bank for whatever
amount that may be outstanding or unrealised under the Guarantee.
The right of the Corporation to recover the said amount of Rs. …………..……
(Rupees………………….) from us in manner aforesaid will not be precluded/affected, even
if, disputes have been raised by the said M/S………………(Tenderer) and/or dispute or
disputes are pending before any authority, officer, tribunal, arbitrator(s) etc.
Notwithstanding anything stated above, our liability under this guarantee shall be restricted
to Rs.
…………….. (Rupees …………………………………………) only and our guarantee shall
remain in force upto ………………….. ………..and unless a demand or claim under the
guarantee is made on us in writing within three months after the aforesaid date i.e. on or
before the …………………. all your rights under the guarantee shall be forfeited and we
shall be relieved and discharged from all liability there under.

Date ………………… (Signature) ……………………………… Place …………………

(Printed Name) …………………………


(Designation) …………………………..

(Bank’s common seal) …………………


In presence of:
WTTNESS (with full name, designation, address & official seal, if any)
(1)

(2)
Please indicate the name and address of the projects/stations/offices where the B.G. is to
be executed.
(on non-judicial stamp paper of appropriate value to be purchased in the name of executing Bank)

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ANNEXURE-Q
PROFORMA FOR BANK GUARANTEE FOR SECURITY DEPOSIT-CUM-PERFORMANCE
GUARANTEE
(To be stamped in accordance with Stamp Act, if any, of the country of Issuing Bank)

Ref…………………… Bank Guarantee No……………………… Date………………….

To
Damodar valley Corporation
(Address of the Plant/Establishment/Department)
Dear Sir,
In consideration of the Damodar Valley Corporation, a corporation constituted and established
under the Damodar Valley Corporation Act being Act No. XIV of 1948 and having its
Headquarters at DVC Towers,VIP Road,Kolktata-700054, (hereinafter referred to as the
‘Corporation’ which expression shall unless repugnant to the context or meaning thereof
include its successors, administrators and assigns) having awarded to M/s ..................(
Contractor’s name)….with its Registered/Head Office at ………….. (hereinafter referred
to as the ‘ Contractor’ which expression shall unless repugnant to the context or meaning
thereof, includes its successors, administrators, executors & assigns), a Contract by issue
of Corporation’s *Purchase Order/Notice of Acceptance/Letter of Acceptance/Work Order
No. ……………….. dated ……… and the same having been unequivocally accepted by
the ‘Contractor’ resulting into a ‘Contract’ valued at ……for…..(Name and description of
the work/material)………(herein after referred to as the ‘Contract’)… and the ‘Contractor’
having agreed to provide a Contract Performance Guarantee for the faithful performance
of the entire contract equivalent to ……(BG value)……being ………… % of the Contract
price to the Corporation.
We, …………(Name & Address of 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
& assigns), do hereby guarantee and undertake to pay the Corporation, on demand, any
and all monies payable by the Contractor to the extent of ……………(BG value)…… as
aforesaid at any time up to ……(@days/months/years)……..unconditionally, and without
any demur, reservation, contest, recourse or protest and without any reference to the
Contractor. Any such demand made by the Corporation on the Bank shall be conclusive
and binding notwithstanding any difference between the Corporation and Contractor or any
dispute pending before any Court, Tribunal, Arbitrator or any other Authority. The Bank
undertakes not to revoke this guarantee during its currency without previous consent of the
Corporation and further agrees that the guarantees herein contained shall be enforceable
till the Corporation discharges this Guarantee.
The Corporation shall have the fullest liberty without affecting in any way the liability of the
Bank under this guarantee, from time to time to extend the time for performance of the
Contract by the Contractor. The Corporation shall have the fullest liberty, without affecting
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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 forbear to enforce any covenants, contained
or implied in the contract between the Corporation and the Contractor or any other course
of remedy or security available to the Corporation. The Bank shall not be released of its
obligations under these presents by any exercise by the Corporation 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 commission or omission on the part of the Corporation or any other
indulgence shown by the Corporation or by any other matter or thing whatsoever which
under law would, but for this provision have the effect of relieving the Bank.
The Bank also agrees that the Corporation 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
Corporation may have in relation to the Contractor’s liabilities.
Notwithstanding anything contained hereinabove our liability under this guarantee is restricted
t o … … … ( B G Va l u e ) … … … … . a n d i t s h a l l r e m a i n i n f o r c e u p t o a n d
including….…(@days/months/years) and shall be extended from time to time for such
period as may be desired by ………(Contractor’s Name)……on whose behalf this guarantee
has been given.
Dated this …………………………….day of -------(YYYY) at ……(Place)………………
(SIGNATURE) ……….……………………………..
(NAME) ……………………………………………..
-------------------------------------------------------
(DESIGNATION WITH BANK STAMP)
Attorney as per Power of Attorney no………..….…
DATED ………..…………………………………….
In presence of
WITNESS (with full name, designation, address and official seal, if any).
1) ………………………………….
…………………………............
2) ………………………………….
…………………………............
*Mention the relevant along with reference number.
@This date shall be up to the end of the Defects Liability /Warranty Period as specified in
the Contract plus six(6) months claim period thereafter. In case Bank refuses to issue BG
having Claim Period separately, the validity period of the BG may be taken as the end of
the Defects Liability/Warranty Period plus six(6) months.
Each page of the B.G. to be signed by the executant with common Bank stamp and date.
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INSTRUCTIONS FOR FURNISHING BANK GUARANTEE


1. Bank Guarantee (B.G.) for Advance Payment, Mobilization Advance, B.G. for Security
Deposit-cum-Performance Guarantee, Earnest Money should be executed on the Non-
Judicial Stamp Paper of the applicable value and to be purchased in the name of the
Bank.
2. The Executor (Bank authorities) may mention the Power of Attorney No. and date of
execution in his/her favour with authorization to sign the documents.
The Power of Attorney is to be witnessed by two persons mentioning their full name
and address.
3. The B.G. should be executed by a Nationalized Bank/Scheduled Commercial Bank.
B.G. from Co-operative Bank/Rural Banks are not acceptable.
4. A Confirmation Letter/e-mail confirmation of the concerned Bank must be furnished as
a proof of genuineness of the Guarantee issued by them.
5. Any B.G. if executed on Non-Judicial Stamp paper after 6 (six) months of the purchase
of such stamp paper shall be treated as Non-valid.
6. Each page of the B.G. must bear signature and seal of the Bank and B.G. Number.
7. The contents of the B.G. shall be strictly as Proforma prescribed by D.V.C. in line with
Purchase Order/LOI/Work Order etc. and must contain all factual details.
8. Any correction, deletion etc. in the B.G. should be authenticated by the Bank Officials
signing the B.G.
9. In case of extension of a Contract, the validity of the B.G. must be extended accordingly.
10. B.G. must be furnished within the stipulated period as mentioned in Purchase
Order/L.O.I./Work Order etc.
11. Issuing Bank/The Vender are requested to mention the Purchase Order/Contract/Work
Order reference along with the B.G. No. for making any future queries to D.V.C.
12. Signing by witnesses in the Bank Guarantee/Performance Guarantee/Security is not
mandatory.

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(On non judicial stamp paper of appropriate value).


PROFORMA FOR INDEMNITY BOND TO BE EXECUTED BY THE VENDOR /
CONTRACTOR IN CONFIRMATION OF RECEIPT OF MATERIAL HANDED OVER BY
DVC FOR REPAIR / RECTIFICATION AT THEIR PREMISES AND SUBSEQUENT RETURN
OF THE SAME IN SAFE AND ACCEPTANCE CONDITIONS.
INDEMNITY BOND

This Indemnity Bond is made this……………day ………………….by M/s………………….


having its registered office at ………………………………….………… (hereinafter called
vendor/contractor which expression shall include its successors and permitted assigns) in
favour of DVC ………………… having its Headquarter at DVC Towers, Kolkata–54 and its
project/station at ………………………………….……(Hereinafter called the “DVC” which
expression shall include its successors and assigns).
Whereas DVC has awarded P.O. / Letter of intent/award letter / contract No. …………..
dated ……….. to the vendor / Contractor and its amendment No. ………….. dated ………….
Amendment No. …………………. dated …………….. applicable when amendments have
been issued (hereinafter called contract) and against which the materials supplied by the
vendor / contractor, was on inspection, found to be not confirming to specification / drawing
/ sample as per contract and/or received in damaged condition and hence rejected.
And whereas by virtue of clause No………. of the said contract, the vendor / Contractor
is required to execute an Indemnity Bond in favour of DVC for the purpose of free
replacement/repair / rectification of the rejected consignment if so required.
Now, therefore, this indemnity Bond witnessed as follows :
The vendor / contractor is under obligation and shall remain absolutely responsible for the
safe transit/protection and custody of the materials / equipment till it is handed over to DVC
after doing necessary replacement/repair/rectification as envisaged in the above clause.
The DVC is and shall remain the exclusive owner of the materials / equipment free from
all encumbrances, charges or fines of any kind, whatsoever.
That this Indemnity Bond is irrevocable.
Now the conditions of this bond is that if the vendor / contractor shall duly and punctually
comply with the terms and conditions of this bond till the receipt and acceptance of the
material / equipment, then the above bond shall be void, but otherwise it shall remain in
full force and virtue.
In witness whereof the vendor/contractor has here-unto set the hand through its authorized
representative under the common seal of the company, the day, month and year first above
mentioned.

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SCHEDULE

Despatch
Particulars of the
Particulars RR/GR Value of the Sign. Of Attorney
material/equipm Qty.
No. carrier, date/Bill equipment in token of receipt.
ent handed over
of loading

Witness - I
1. Signature For and on behalf of M/s…………..............................
2. Name
3. Address with seal Company Signature Designation with seal Common seal of

Witness - II
1. Signature Authorized representatives
2. Name
3. Address with seal
Note : * Indemnity Bonds are to be executed by the authorised persons 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 withy authority to execute Indemnity
Bonds, (iii) In case, (ii) the original Power of Attorney if it is specifically for our contract or
a Photostat copy of the Power of Attorney if it is a General Power of Attorney and such
documents should be attached to Indemnity Bond.

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ANNEXURE-R
CHECKLIST TO BE SENT BY TENDER COMMITTEE TO TAA

1. Indent for spares & consumables has approval of competent authority Yes/No/NA
as per relevant DFP provision/MANUAL
2. Indent for Capital item accompanied by a copy of updated sanction
Yes/No/NA
order.
3. Indent is placed in prescribed Form with all columns duly filled in. Yes/No/NA
4. Budget provision indicating specific head of expenditure in the year
Yes/No/NA
of effecting delivery is confirmed.
5. P.A.C./O.E.S or O.E.M/source standardisation certificate is furnished
Yes/No/NA
by competent indenting authority for single tender procurement.
6. B.U.S. concurrent with the indent containing information on last 3
years consumption, stock position, pending indent & P.O. and rate Yes/No/NA
& source of last purchase with P.O. reference, is furnished.
7. Initial or first time procurement against replacement of spares &
capital item should not be stated as ‘New Item’ unless it was never Yes/No/NA
put to use.
8. Ordering quantity fixed in excess of average annual consumption
with due weight age on stock position, indent and P.O. in live and Yes/No/NA
procurement lead time is as per justification furnished by I.O.
9. Indent for new item is properly justified by I.O. along with the Utilisation Yes/No/NA
Certificate.
10. Whether indigenous source development is explored in respect of Yes/No/NA
import of spares or capital goods.
11. Last purchase rate of overseas P.O. is given in foreign currency for
Yes/No/NA
a meaningful price comparison along with source of last supply.
12. Expected residual life of the item proposed for purchase and presently
under operation vis-à-vis prescribed life of the new one reasonably Yes/No/NA
assessed and recorded.
13. High value purchase proposal contain it’s Utilisation programme,
preferably within warranty period. Views of concerned Director on Yes/No/NA
this score obtained.
14. Proposal for procurement of improved version over the existing one
is properly justified with reference to its optimum utilisation and cost Yes/No/NA
benefit aspect and availability of trained man-power with obsolency
certificate as per authority delegated in Manual.
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15. Exact technical specification matched with requirement of user section


for computers and other product where technology is fast changing
Yes/No/NA
is settled before issuance of NIT and recommended, offer strictly in
conformity with NIT is confirmed.
16. Recommendation as to technical acceptance of offer obtained from Yes/No/NA
I.O. / his representative in TC.
17. Price reasonability of single offer on PAC/OEM/OES/Standard Source
basis is analysed and commented upon. Yes/No/NA

18. Purchase proposal is placed after settlement of all deviation in techno


Yes/No/NA
commercial part of the offer as per NIT terms.
19. Availability of surplus stock in other projects is checked and considered
Yes/No/NA
in fixing the ordering quantity.
20. In case of L.T.E. updated vendor base is considered. Yes/No/NA
21. Vendor’s behaviour is duly considered in recommendation for waiver
Yes/No/NA
of security deposit and L/D clause.
22. Price implication of commercial terms & conditions of all the offers
are evaluated on equal platform and considered in the comparative Yes/No/NA
statement

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ANNEXURE-S

DAMODAR VALLEY CORPORATION


ADDRESS OF PLANTS/FIELD OFFICES……….……

MATERIALS DESPATCH CLEARANCE CERTIFICATE

VENDOR’S NAME :
P.O. NO./CONTRACT NO. : DATE :
INSPECTOR’S NAME & DESIGNATION : INSPECTED ON………(Date)

SL. NO. MATERIAL DESCRIPTION QUANTITY REMARKS

SIGNATURE :
NAME :
DESIGNATION :
ADDRESS OF PLANT :
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ANNEXURE-T

DAMODAR VALLEY CORPORATION


ADDRESS OF PLANTS/FIELD OFFICES……….……

INSPECTION REPORT
(ENCLOSE SEPARATE SHEETS, IF REQUIRED)

1. P.O. NO./CONTRACT NO. :

2. NAME & ADDRESS OF SUPPLIER :

3. NAME & ADDRESS OF SUBVENDOR, IF ANY :

4. ITEM DESCRIPTION :

5. DATE OF INSPECTION :

6. PLACE OF INSPECTION :

SL. NO. DETAILS OF ITEMS QTY ORDERED/ QTY ACCEPTED REMARKS


OFFERED

(Sign. of DVC Inspection Authority) (Sign. of Supplier)

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ANNEXURE-U
SUMMARY SHEET OF PROPOSAL PLACED AT TC (AT HQ ) BY FIELD TC
1. Project Details with justification
a) Name of the Project :
b) Scope & work :
c) Initiating Deptt. / Section with date of initiation:
2. Departmental Estimates
a) Amount :
b) Basis :
3. Sanction Order :
Whether financial sanction obtained: Yes/No
4. Budget Status : Budget Provision exists in
a) B.E. ……………..
b) R.E. ……………..
c) Remarks, if any :
5. Tendering :
A. SINGLE TENDER :
(a) Reasons for Single Tendering :
(b) NIT Details :
i) Date of NIT :
ii) Date of Opening :
iii) TIA :
iv) DFP Serial :
v) Remarks, if any :
(c) Other Details :
i) PSU :
ii) Emergency :
iii) Urgency :
iv) Any other :
B. LIMITED TENDER ENQUIRY :
(a) Reasons for Limited Tendering :
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(b) Election Mode :


i) Approving Authority :
ii) From Approved Vendors :
iii) From known vendors :
iv) From others :
(c) NIT Details :
i) Date of NIT :
ii) Date of Opening :
iii) TIA :
iv) DFP Serial :
v) Web publication, if any :
vi) Remarks, if any :
(d) No. of bidders invited
(e) No. of bidders responded
(f) Name of NIT compliant bidders:
C. OPEN TENDER :
(a) NIT Details :
i) Press publication Date :
ii) Hosting Date in the Web :
iii) Date of Opening :
iv) TIA :
v) DFP Serial :
vi) Remarks, if any :
(b) Type of Tenders :
i) Two Stage :
ii) Single Stage with 4/3/2/1 Envelope :
iii) Approving Authority :
(Only the relevant tendering methodology shall be kept in the format)
6. Pre - bid Discussion :
(a) Date :
(b) No. of participants :

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(c) Amendment, if any :


(i) Completion Period :
(ii) Revised date of submission of bid, if any :
(iii) Others :
(d) Intimation of Amendment, if any :
(e) Reply of pre bid uploaded on

7. Techno - commercial Evaluation :


(a) Opening Date :
(b) No. of bidders responded :
(c) Name(s) of the Techno- commercially accepted bidder as per NIT:
(d) No. of rejected bids with reasons for rejection:
(e) Tender Committee's Recommendation with details of deviation, if any and authority of condo
nation:

8. PRICE BID
(i) Opening Date : (ii) No. of bidders : (iii) Ranking statement:
Name of bidder Ranking Evaluated % w.r.t.DE % w.r.t. L1
Price (for L1 bidder)
L1
L2
L3
L4
(iv) Discussion on Reasonability of Price w.r.t. :
a) DE :
b) Market Price :
c) Others to be specified :
(v) Rejection of Price Bid, if any with reasons:

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(vi) Other salient techno-commercial features:


Features As per NIT As per L1 Offer REMARKS
DP/Completion period
SD
LD
Advance Payment, if any
Validity of offer
Terms of Payment
(vii) Total Financial Involvement :
(viii) Tender Committee's recommendation :
For price bid with deviation, if any and its authority of condonation

9. Point of Decision/Recommendation of Field:


10. Point of Decision of TC (HQ):
11. Accepting Authority :

(Signature of the concerned authority) Placing the case to TC(HQ)

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ANNEXURE-V
DAMODAR VALLEY CORPORATION
Agreement for AMC / ARC / Operational / Transportation Contract / Canteen
Operation Contract / Forestry Contract / Vehicle Hiring Contract / All types
of service contracts etc., i.e., all sorts of labour Oriented Contracts.
AN AGREEMENT made and entered into this…………. day of ............ 20…. by and between
M/s DAMODAR VALLEY CORPORATION (DVC),(Name of the Power Station/ Hydel
Station/Field Formations) of the FIRST PART (which expression shall unless repugnant to
the context be deemed to include its successors or assigns) and M/s………………. of the
SECOND PART (which expression shall unless repugnant to the context or meaning thereof
be deemed to include its successors or assigns.)
WHEREAS the aforesaid Party of the First Part invited tenders for the work of
.........................................
(Name of the work).
WHEREAS the tender of the Party of the Second Part was accepted and the work was
awarded to the Party of the Second Part by letter no.
AND WHEREAS the Party of the Second Part has accepted the work order aforesaid in
their letter No. ............................................
Now the Agreement, witnessed and it is hereby agreed by and between the parties as
follows:
I.This Agreement is a contract for service, consisting of Clauses 1 to 21, inclusive of
Annexure hereto and NIT/LOA/LOI/Work Order/DVC’s GCC/DVC’s T1/T3 Forms shall form
an inseparable part of this Agreement.
II. In consideration of the payments to be made by the Party of the First Part to the Party
of the Second Part, the Party of the Second Part hereby covenants to carry out the work
of .............. (Name of the work). The Party of the First Part hereby covenants to pay to the
Party of the Second Part in consideration of the aforesaid work, as provided in the Agreement.
1. DEFINATIONS:-
a. “Commencement date” shall mean the date on which this Agreement shall come
into force.
b. “Payment” shall mean the amount payable as specified in Clause 10.
c. “Premises” shall mean the premises described in Schedule I .
d. “Notice” shall mean Notice complied with the terms of Clause 16.
e. “Services” shall mean the detailed scope of work as described in Schedule II .
f. “Terms & Conditions” shall mean the terms and conditions which is in the works
and procedural manual 2006 and the terms and conditions mentioned herein after
and is binding on the parties.
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2. OBLIGATIONS OF THE PARTY OF THE SECOND PART


a) The Party of the Second Part shall provide services as agreed upon and set out
in Schedule II for the term of the Agreement or until it is terminated in accordance
with the clauses of this Agreement.
b) The Party of the Second Part shall obtain at his own cost necessary permits or
licenses etc as required under the various laws whether Central, State or Local
from time to time for performing and rendering services and the Party of the First
Part shall not take any liability whatsoever in this regard.
(i) The Party of the Second Part has to obtain licenses/permits etc as applicable
as mentioned above within a time period of fourteen days of signing this Agreement,
failing which this Agreement shall stand unilaterally terminated.
(ii) If the licenses/permits etc obtained by the Party of the Second Part are revoked
and/or suspended and/or cancelled by the authority concerned and/or become
invalid, the Agreement shall stand unilaterally terminated.
c) The Party of the Second Part shall at its own cost comply with the provisions of all
laws, rules, orders and regulations and notifications whether Central or State or
Local as applicable to him or to this Agreement from time to time. These Acts/Rules
include, without limitations the following:
(i) The Minimum Wages Act, 1948 & Rules and Orders and Notifications issued
there under from time to time;
(ii) The Contract Labour (Regulation & Abolition) Act, 1970 with Rules, Orders and
Notification made there under;
(iii), The Industrial Disputes Act, 1947 with Rules, Orders and Notifications issued
there under from time to time;
(iv) The Workmen’s Compensation Act, 1923 with Rules, Orders and Notifications
there under issued from time to time;
(v) The Payment of Gratuity Act, 1972 with Rules, Orders and Notifications issued
there under from time to time;
(vi) The Payment of Wages Act, 1936 with Rules, Orders and Notifications issued
there under from time to time;
(vii) The Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 with
Rules, Orders and Notifications issued there under from time to time;
(viii) The Factories Act, 1948 with Rules, Orders and Notifications issued there
under from time to time;
(ix) The Employees State Insurance Act, 1948 with Rules, Orders and Notifications
issued there under from time to time.

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(x) All other Acts/Rules/Regulations, Bye-laws, Order, Notifications etc. already in


vogue or may be enacted in future by the legislation or present or future Applicable
to the Party of the Second Part from time to time for performing the aforesaid
services.
The Party of the Second Part shall produce the requisite Compliance Report to the
Party of the first Part from time to time or as prescribed in the abovementioned
laws.
d) The Party of the Second Part shall undertake the services as per details given in
Schedule II attached to this Agreement. The Party of the Second Part shall also
comply with other instructions, if any, given in writing by the authorized representative
of the Party of the First Part to the Party of the Second Part or to his authorized
representative for performing the aforesaid services.
e) The performance of service by the Party of the Second Part shall be of highest
order/standing and competence and as described in Schedule II.
f) The Party of the First Part may terminate this Agreement if the performance of
services by the Party of the Second Part is not up to specified standard and if the
Party of the Second Part fails to comply with the laws mentioned hereinbefore. The
decision of the Party of the First part in this respect shall be absolute and final.
3. DEPLOYMENT OF EMPLOYEES BY THE PARTY OF THE SECOND PART
a) The Party of the Second Part as and when required shall deploy his own employees
for rendering satisfactory services.
b) There shall not subsist in any manner whatsoever any employer-employee relationship
between the Party of the First Part and the workmen/employees employed and as
and when deployed by the Party of the Second Part or the Party of the Second
Part himself. The Party of the Second Part shall be responsible for appointments,
payment of wages, compliances with all statutory formalities relating to the
workmen/employees employed and deployed by it.
c) The Party of the Second Part shall conduct the work in the manner prescribed by
the Party of the First Part and in the event of any deviation there from, the Party
of the Second Part shall be responsible to make good the same within (need based
to be incorporated) from being intimated by the Party of the First Part. The Party
of the Second Part shall supervise and control the manner and mode of working
and also the working of the workmen as and when deployed and there shall not
be any supervision and control by the Party of the First Part over the
employees/workmen employed by the Party of the Second Part.
d) The workmen/employees engaged and deployed by the Party of the Second Part
shall observe discipline at all times and maintain decency and decorum during the
course of their employment and the Party of the Second Part shall be fully responsible
for the said workmen/employees.
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e) The payment of wages, ESI, PF, bonuses and other benefits to the employees of
the Party of the Second Part shall be the exclusive responsibility of the Party of the
Second Part and the employees shall have no claim whatsoever on the Party of
the First Part.
f) The Party of the Second part as an when deploy workmen Party of the Second part
shall maintain a Register of persons employed under him and issue Employment
Photo Identity Cards to each worker within three days of employment and a copy
of the same to be submitted with the Party of the First Part within seven days there
from.
g) The Party of the Second part as and when employed workman shall also maintain
all statutory register viz register of wages, muster roll register of deductions, register
of overtime register of fines, register of advances, wage slip and any other registers
required to be maintained under the statute and shall give inspection of the same
to the Party of the First Part on demand.
h) The Party of the Second part as and when employed workman shall make the
Payment of wages and other conditions of employment in respect of workmen
employed and deployed by the Party of the Second Part in conformity with statutory
requirements and the Party of the First Part shall be fully protected in all respect
in this regard.
i) The Party of the Second part as and when employed workman shall send half-
yearly returns to the Licensing Officer not later than thirty days from the closing of
the Half Year.
j) The Party of the Second part as and when employed workman shall be solely and
wholly responsible for the safety & security of the employees employed by the Party
of the Second Part. The Party of the Second Part shall also make adequate provision
of insurance for the said employees at their own cost to cover them against the risk
of accident and /or death in harness. In the event of any accident and/or death in
harness, the Party of the Second Part shall pay proper compensation to the
employees as per The Workmen’s Compensation Act, 1923. The Party of the First
Part will have no responsibility whatsoever, and will be kept fully indemnified and
harmless.
k) The Party of the Second Part shall also be responsible for the property of the Party
of the First part and in case of any damage whatsoever, shall immediately
repair/replace the damaged property at their own cost and arrangement failing
which Party of the First Part shall have right to recover the cost from the Party of
the Second Part.
l) The Party of the Second part as and when employed workman in case of any act
of indiscipline on the part of workmen/employees engaged by the Party of the
Second Part, the Party of the Second Part shall take suitable action against the
delinquent employees with proper intimation to the appropriate authority of the
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Party of the First Part.


m) The workmen/employees of the Party of the Second Part as and when employed
by the Party of the Second Part including himself shall have no right and/or any
right to access whatsoever to claim as an employment with the company of the
Party of the First Part.
n) In case the workmen/employees engaged by the Party of the Second Part have
any grievance they shall take it up with the Party of the Second Part without causing
any disturbance in the premises of the Party of the First Part in any manner. Under
no circumstances, shall the workmen engaged by the Party of the Second Part
initiate or take part in any agitation or demonstration against the Party of the First
Part.
o) If the process forming part of this Agreement is abolished by any provision of law
or under Sec. 10 of the Contract Labour (R&A) Act, 1970 the workmen/employees
of the Party of the Second Part shall not become the employees of the Principal
Employer i.e. Party of the first Part.
p) During the terms of this Agreement the Party of the Second Part shall be an
independent employer and not in any manner has any employer - employee
relationship with the Party of the First Part and that of Principal to Principal.
4. OBLIGATIONS OF THE PARTY OF THE FIRST PART
a) The Party of the First Part shall permit the duly authorized workmen of the Party
of the Second Part at all convenient times to enter into and upon the premises only
on presentation of the approved gate passes as mentioned below, for the purpose
of carrying out their work.
b) The Party of the First Part shall make to the Party of the Second Part all payments,
as per Clause 10, throughout the term of this Agreement or so long the Agreement
subsists or the Party of the Second Part performs its obligation under this Agreement.
5. COMPLETION
The Work shall be deemed to have been completed on expiry of period of this Agreement
and release of final payment to the Party of the Second Part by the Party of the First Part.
6. PENALTY:
In terms of the General Terms of the Contract clause (as applicable)
7. DELEGATION (As Applicable)
8. INDEMNITY
Party of the Second Part covenants and agrees to fully protect and hold the Party of the
First Part, its employees and agents harmless against any claim, demand, actions, suits,
proceedings, judgment, liabilities, costs, expenses, damages or losses.

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9. BILLS
The Party of the First Part reserves the right to require the Party of the Second Part to
submit documentary evidence in support of the bills, including details of the work done,
duly supported by the Certificate from the representative of the Party of the First Part in
the first week of the following month. Party of the First Part also reserves the right to make
at the earliest opportunity any adjustment which may be pending from the previous months.
10. PAYMENT
As per the relevant clauses of work order
11. DURATION OF THE AGREEMENT
a) This Agreement shall be effective from the date of commencement of the work as per
the Work Order.
b) The Agreement shall be deemed to expire on completion of the work and on compliance
of all the statutory obligations by the Party of the Second Part as provided in for in the
agreement, unless extended by both the parties in writing.
12. CANCELLATION/TERMINATION
As Per the Clause 28 of the General Conditions of the Contract
13. CONSEQUENCES OF TERMINATION
a) In the event of this Agreement being determined whether by efflux of time or notice
or breach or otherwise, the Party of the Second Part shall forthwith return to the
Party of the First Part all the papers, books or other articles belonging to the Party
of the First Part.
b) In the event of termination of this Agreement, the rights and obligations of the parties
thereto shall be settled by mutual discussion. The financial settlement shall take
into consideration not only the expenditure incurred but also the expenditure
committed by the Party of the First Part.
c) In the event of termination of this Agreement, the Party of the Second Part shall
be liable to refund the amount, if any, paid in advance to it by the Party of the First
Part.
d) Either Party shall be entitled to exercise any one or more of the rights and remedies
given to it under the terms of this Agreement and the determination of this Agreement
shall not affect or prejudice such rights and remedies and each party shall remain
liable to perform all outstanding liabilities under this Agreement notwithstanding
that the other may have exercised any one or more of the rights and remedies
available against each other.
14. FORCE MAJEURE
As Per the Clause 27 of the General Conditions of the Contract

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15. CONFIDENTIALITY
During the tenure of the Agreement and 7 years thereafter the Party of the Second Part
undertake on their behalf and on the behalf of their subcontractors / employees /
representatives / associates etc to maintain strict confidentiality and prevent disclosure
thereof, of all the information and data exchanged / generated pertaining to the work under
this Agreement for any purpose other than in accordance with the Agreement.
16. NOTICE
Any notice to be served by either party on the other shall be sent by Registered Post and
shall be deemed to have been received by the addressee within 07 days of posting.
17. SETTLEMENT OF DISPUTES AND ARBITRATION
a) Any dispute(s) or difference(s) arising out, of or in connection with the contract shall, to
the extent possible, be settled amicably between the Party of the First Part & Party of the
Second Part.
b) In the event of any dispute or difference whatsoever arising under this Agreement or in
connection therewith including any question relating to existence, meaning and interpretation
of the terms of the Agreement or any alleged breach thereof, the same shall be referred
to the Secretary, CEO of Damodar Valley Corporation, Kolkata-54 or to a person nominated
by him for arbitration. The Arbitration shall be conducted in accordance with the provisions
of Arbitration and Conciliation Act, 1996 or any other latest enactment and the
decision/judgment of Arbitrator/Arbitrators shall be final and binding on both the parties.
The venue of the arbitration shall be at Kolkata.
However, in case the Party of the Second Part is a Central Public Sector Enterprise/ Govt.
Department, the dispute arising between the Party of the First Part & Party of the Second
part shall be settled through Permanent Arbitration Machinery (PAM) of the Department
of Public Enterprise, Govt. of India as per prevailing rules.
c) All suits arising out of NIT, subsequent work order and agreement, if any, are subject
to jurisdiction of Court in the City of Kolkata only and no other Court, when resolution/
settlement through mutual discussion and arbitration fails.
18. AMENDMENTS OF THE AGREEMENT
No amendment or modification of this Agreement shall be valid unless the same is made
in writing by both parties or their authorized representative and specifically stating the same
to be an amendment of this Agreement. The modifications / changes shall be effective from
the date on which they are made/ executed, unless otherwise agreed to.
19. MISCELLANEOUS
a) The Party of the Second Part as and when required shall deploy as many in number
-expert personnel and/or skilled/semi-skilled/unskilled workmen with adequate qualification
and experience having appropriate level of acumen to carry out the job with entire
satisfaction of the Party of the First Part.
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b) No child labour shall be engaged by the contractor as per statutory rules of the Govt.
of India.
c) The Party of the Second Part as and when employed their employees engaged in
the job shall follow all safety rules at the time of execution of work. It shall be the
responsibility of the contractor to supply all safety equipment necessary to their O&M
personnel without any extra cost to DVC. All statutory rules & regulations shall have
to be followed by the contractor during employment/retrenchment of his
workers/employees.
d) As the plant site is a protected area, necessary gate passes with photograph of every
worker/employee of the Party of the Second Part shall be arranged by the Party of the
Second Part with proper intimation to the Party of the First Part. The expenditure of
issuing the gate passes to the workmen shall be borne by the Party of the Second Part.
The gate passes shall be duly signed by the Party of the Second Part with official seal
in addition to the signature of the holder (employee of the Party of the Second Part)
and the authorised officer of the Party of the First Part.
e) In case of sub-letting the contract, the sub-contractor shall be engaged with prior
approval of the Party of the First Part and at full risk of the Party of the Second Part.
f) The Party of the Second Part shall not pay less than the prescribed minimum wages
to the workmen engaged by him under the Minimum Wages Act, 1948 and the Govt.
Rules made there under and subject to revision from time to time. The monthly payment
is to be made on the 7th day of the successive month. The Party of the Second Part
shall intimate the disbursement of payment to the authorized representative of Personnel
Dept. of the Party of the First Part on 7th -10th day of the successive month.
g) Legal suits arising out of the Agreement, if any, are subject to the jurisdiction in the
Court of the city of Kolkata and no other Court elsewhere.
h) The workers/employees engaged by the Party of the Second Part should not be
under the influence or addiction of drug/liquor while on duty. It should be obligatory on
the part of the Party of the Second Part to remove any such person from the job whose
action or conduct in the opinion of management of the Party of the First Part is detrimental
to its interest.
i) If the Party of the Second Part desires to execute a part of scope of maintenance
contract which are very specialized in nature by engaging a specialized competent
group they will have to obtain approval from the Party of the First Part, furnishing all
credentials and requirement of the manpower strength before their engagement.
However, the Party of the First Part reserves the right to discontinue the same at its
discretion.
j) The Party of the Second Part shall fully cooperate with other contractors employed by
the Party of the First Part for associated plant and subsidiary as well as other similar
activities and shall carry out all reasonable directions of the designated Chief Engineer
(O&M) of the Party of the First Part or his authorized representative as the case may be.
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k) For contracts above value…………… , both the parties have to sign an Integrity Pact.
20. CHANGE OF ADDRESS
Each Party shall give notice to the other of any change or acquisition of any address or
telephone number or FAX or similar number at the earliest possible opportunity but in any
event within 48 hours of such change or acquisition.
IN WITNESS WHEREOF the parties hereto put their signatures on the date as written
above.

SIGNED, SEALED AND DELIVERED

Party of the first Part Party of the Second Part


In the presence of: In the presence of:

1. 1.
2. 2.

SCHEDULE - (I)

Premises at which the Services are to be required.

SCHEDULE - (II)

List of services to be provided at all the premises listed in Schedule I.

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ANNEXURE – W
List of Commercial Banks as per RBI (Source RBI Website dt. 08-06-2012

1. Abu Dhabi Commercial Bank Ltd.


2. American Express Bank Ltd.
3. Arab Bangladesh Bank Limited
4. Allahabad Bank
5. Andhra Bank
6. Antwerp Diamond Bank N.V.
7. Axis Bank Ltd.
8. Bank International Indonesia
9. Bank of America N.A.
10. Bank of Bahrain & Kuwait BSC
11. Barclays Bank Plc
12. BNP PARIBAS
13. Bank of Ceylon
14. Bharat Overseas Bank Ltd.
15. Bank of Baroda
16. Bank of India
17. Bank of Maharashtra
18. Canara Bank
19. Central Bank of India
20. Calyon Bank
21. Citibank N.A.
22. Cho Hung Bank
23. Chinatrust Commercial Bank Ltd.
24. Centurion Bank of Punjab Limited
25. City Union Bank Ltd.
26. Coastal Local Area Bank Ltd.
27. Corporation Bank
28. Catholic Syrian Bank Ltd.
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29. Deutsche Bank AG


30. Development Credit Bank Ltd.
31. Dena Bank
32. IndusInd Bank Limited
33. ICICI Bank
34. IDBI Bank Limited
35. Indian Bank
36. Indian Overseas Bank
37. Industrial Development Bank of India
38. ING Vysya Bank
39. J P Morgan Chase Bank, National Association
40. Krung Thai Bank Public Company Limited
41. Kotak Mahindra Bank Limited
42. Karnataka Bank
43. Karur Vysya Bank Limited.
44. Lord Krishna Bank Ltd.
45. Mashreqbank psc
46. Mizuho Corporate Bank Ltd.
47. Oman International Bank S A O G
48. Oriental Bank of Commerce
49. Punjab & Sind Bank
50. Punjab National Bank
51. Societe Generale
52. Sonali Bank
53. Standard Chartered Bank
54. State Bank of Mauritius Ltd.
55. SBI Commercial and International Bank Ltd.
56. State Bank of Bikaner and Jaipur
57. State Bank of Hyderabad
58. State Bank of India

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59. State Bank of Indore


60. State Bank of Mysore
61. State Bank of Patiala
62. State Bank of Saurashtra
63. State Bank of Travancore
64. Syndicate Bank
65. The Bank of Nova Scotia
66. The Bank of Tokyo-Mitsubishi, Ltd.
67. The Development Bank of Singapore Ltd. (DBS Bank Ltd.)
68. The Hongkong & Shanghai Banking Corporation Ltd.
69. Tamilnad Mercantile Bank Ltd.
70. The Bank of Rajasthan Limited
71. The Dhanalakshmi Bank Limited.
72. The Federal Bank Ltd.
73. The HDFC Bank Ltd.
74. The Jammu & Kashmir Bank Ltd.
75. The Nainital Bank Ltd.
76. The Sangli Bank Ltd.
77. The South Indian Bank Ltd.
78. The Ratnakar Bank Ltd.
79. The Royal Bank of Scotland N.V.
80. The Lakshmi Vilas Bank Ltd
81. UCO Bank
82. Union Bank of India
83. United Bank Of India
84. Vijaya Bank
85. Yes Bank

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ANNEXURE-X
PROFORMA OF BANK GUARANTEE FOR ADDITIONAL CONTRACT PERFORMANCE
GUARANTEE

Ref…………………… Bank Guarantee No……………………… Date………………….


PROFORMA OF B.G. FOR ADDITIONAL CONTRACT PERFORMANCE GUARANTEE
(1) KNOW ALL MEN BY THESE PRESENTS that in consideration of Damodar Valley
Corporation, a Corporation constituted and established under the Damodar Valley
Corporation Act being Act No. XIV of 1948 and having its Headquarters at D.V.C.
Towers, V I P Road, Kolkata-700054 (hereinafter called “The Corporation”) having
agreed to accept from ................................... ....................................(hereinafter called
“The Contractor”), a Bank Guarantee for Rs. ..................................... in lieu of additional
contract performance guarantee for the due fulfilment by the Contractor of JV of the
*Purchase Order/Letter of Intent/Letter of Acceptance/work order No. ..........................
issued by the Corporation for ............................... (Name & Description of the work/material)
(hereinafter called “the said *Purchase Order/Letter of Intent/Letter of Acceptance/ work
order”) we (hereinafter called “the Guarantor”) do hereby undertake to indemnify and
keep indemnified the Corporation to the extent of Rs........................ (Rupees
.....................) only against any loss or damage caused to or suffered by the Corporation
by reason of any breach by any of the JV Contractor of any of the terms and conditions
contained in the said * Purchase Order/Letter of Intent/Letter of Acceptance/ work order
of which breach the opinion of the Corporation shall be final and conclusive.
(2) AND WE, .........................DO HEREBY Guarantee and undertake to pay forthwith on
demand to the Corporation such sum not exceeding the said sum of ...................
(Rupees .........................) only as may be specified in such demand, in the event of
the Contractor failing or neglecting to execute fully efficiently and satisfactorily the order
for .................... placed with it (the work tendered for by it) within the period stipulated
in the said *Purchase Order/Letter of Intent/Letter of Acceptance/work order in accordance
with terms and conditions contained or referred to in the said *Purchase Order/Letter
of Intent/Letter of Acceptance/work order in the event of the JV Contractors refusing
or neglecting to maintain satisfactory operation of the equipment or work or to make
good any defect therein or otherwise to comply with and conform to the design,
specification, terms and conditions contained or referred to in the said *Purchase
Order/Letter of Intent/Letter of Acceptance/ work order.
3) WE ........................... further agree that the guarantee herein contained shall remain
in full force and effect during the period that would be taken for the performance of the
said order as laid down in the said *Purchase Order/Letter of Intent/Letter of
(Acceptance/work order including the warranty obligations and that it shall continue to
be enforceable till all the dues of the Corporation under or by virtue of the said *
Purchase Order/Letter of Intent/Letter of Acceptance/work order have been fully paid
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and its claims satisfied or discharged or till the Corporation or its authorized representative
certified that the terms and conditions of the said * Purchase Order/Letter of Intent/Letter
of Acceptance/ work order have been fully and properly carried out by the said contractor
and accordingly discharged the Guarantee.
(4) WE ........................, the Guarantor undertake to extend the validity of Bank Guarantee
at the request of the Contractor for further period or periods from time to time beyond
its present validity period failing which we shall pay the Corporation the amount of
Guarantee.
(5) The liability under this guarantee is restricted to Rs.__________Rupees only and will
expire on and unless a claim in writing is presented to us or an action or suit to
enforce the claim is filed against us within 6 months from ..................... all your rights
will be forfeited and we shall be relieved of and discharged from all our liabilities
(thereinafter).
(6) The Guarantee herein contained shall not be determined or effected by liquidation or
winding up or insolvency or closure of the Contractor.
(7) The executants has the power to issue this guarantee on behalf of the Guarantor and
holds full and valid power of Attorney granted in his favour by the Guarantor authorizing
him to execute the Guarantee.
(8) Notwithstanding anything contained herein above, our liability under this guarantee is
restricted to Rs. ........ (Rupees only and our guarantee shall remain in force upto an
unless a demand or claim under the guarantee is made on us in writing on or before
all your rights under the guarantee shall be forfeited and we shall be relieved and
discharged from all liabilities there under.
WE, ............... Bank lastly undertake not to revoke this guarantee during the currency
except with the previous consent of the Corporation in writing. In witness whereof we
.............. have set and subscribed our hand on this .............. day of...................

SIGNED, SEALED AND DELIVERED


WITNESS :
(Stamp of the executants)
1) –
2) –
(Name & address in full with Rubber Stamp)
*Mention the relevant along with reference number.
Delete the terms which are not applicable. Each page of B.G. to be signed by the executant
with common Bank stamp and date.

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ANNEXURE-Y
DAMODAR VALLEY CORPORATION
PROFORMA OF INTEGRITY PACT
On this ............. day of ............... 2012 at Kolkata, in the presence of the following two
witnesses, this Integrity Pact is being executed between:
Damodar Valley Corporation, hereinafter referred to as “The Principal”
AND
hereinafter referred to as “The Bidder/Contractor” (which expression shall include all its
partners/directors, agents, legal or other representatives, servants, subcontractors (wherever
permitted or permissible) and successor in interest and all persons claiming through it).
Whereas it has been directed by the Damodar Valley Corporation, Principal and the Central
Vigilance Commission, New Delhi that all undertakings and/or other concerns of the Principal
shall execute an Integrity Pact with contracting parties/bidders in all forthcoming
contracts/tender processes above the prescribed value of Rs. 15 Crore, it is necessary to
execute an Integrity Pact between such parties. Pursuant thereto, the present Integrity Pact
is being executed.
Whereas the DVC intends to award, under laid down organisation procedures, contract(s)
for ………………………………………………………………………….. DVC values full
compliance with all relevant laws and regulations, and the principles of economic use of
resources, and of fairness and transparency in its relations with its bidder(s) and contractor(s).
Whereas in order to achieve these goals, the DVC cooperates with the renowned international
Non Governmental Organisation “Transparency International” (TII). Following TII’s national
and international experience, the DVC will appoint External Independent Monitor(s) who
will monitor the tendering process and the execution of the contract for compliance with
the principles mentioned above.
The terms and conditions of the Integrity Pact are as under:-
SECTION-I
COMMITMENTS OF DVC
DVC commits itself to take all measures necessary to prevent corruption and unethical
practices and bring transparency in all processes through the following commitments:
1. No employee and/or Official of DVC shall, whether personally or through their family
members and/or their agents or legal representatives, and in connection with the tender
or in execution of the contract, demand any gratification and/or enter into any agreement,
promise or any other arrangement for deriving any benefits, whether monetary or otherwise
which he is not legally entitled to.
2. DVC shall, during the tender process treat all bidders/contractors at par and provide
them with equal opportunities in all matters.
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3. DVC shall, before and during the tender process, provide all bidder(s)/contractor(s)
with the same information and shall not provide to any bidder(s)/contractor(s) any
confidential and/or additional information through which such bidder(s)/contractor(s)
could obtain an advantage in the tender process or at the time of execution of the
contract.
4. DVC shall exclude any employee(s) and/or official(s) who is found prejudiced and/or
in conflict with the interests of the company in his dealings with any bidder(s) and/or
contractor(s).
5. DVC shall take disciplinary action as per its prescribed Rules, and also under the
relevant provisions of the Indian Penal Code/the Prevention of Corruption act and other
anti-corruption laws in India, against any of its officials and/or employees found guilty
of breach of commitment. DVC shall also inform the Chief Vigilance Officer and in
addition can initiate disciplinary action against the offender/suspected offender.
SECTION-II
COMMITMENTS OF THE BIDDER/CONTRACTOR
The bidder/contractor commits himself to take all necessary measures to prevent any form
of during the tender process and also during the execution of the contract including the
following:
1. The Bidder/Contractor shall not, directly or through any other person of firm, offer,
promise and/or give to any of DVC’s employees involved in the tender process and/or
in the execution of the contract, or to any third person any benefit, whether monetary
or otherwise, which he/she is not legally entitled to receive, in order to obtain in exchange
any advantage of any kind whatsoever during the tendering process or during the
execution of the contract.
Also, the Bidder/Contractor shall not enter into any agreement and/or arrangement with
any employee and/or official of DVC for any of the aforesaid purposes.
2. The Bidder/Contractor shall not enter into any undisclosed agreement, undertaking
and/or arrangement with any other bidder(s)/contractor(s), whether formally or informally,
in respect of matter pertaining to prices, specifications, certifications, subsidiary contracts,
submission or non- submission of bids or any other actions to restrict competitiveness
or to introduce cartelization in the bidding process.
3. The Bidder/Contractor .shall not commit any offence punishable under the Indian Penal
code/Prevention of Corruption Act or any other relevant Anti-corruption laws in force
in India.
4. Further the Bidder/Contractor shall not use improperly or pass on to others, any
information or document provided by DVC as part of their, business relationship,
regarding any plans, technical proposals and business details, including information
contained and/or transmitted electronically, for purposes of competition or personal
gain.
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5. The Bidder/Contractor shall, while presenting his bid disclose any and all payment
made by him, or to which proposes or intends to make to his agents, brokers or any
other intermediaries in connection with the award of the contract. He shall also disclose
any agreement and/or arrangements entered into by him for the aforesaid purposes.
6. If the Bidder/Contractor is of foreign origin, he shall disclose the name and address of
his Agents/Representatives in India. If the Bidder/Contractor is of Indian Nationality, he
will furnish the name and address of his foreign principals, if any. The Bidder/Contractor
shall comply with the disclosure requirements specified in the General Guidelines on
the Indian Agents of Foreign Suppliers.
7. Payment made by the Bidder/Contractor to any Indian agents/representatives shall be
in Indian Rupees only.
8. If payments are made by the Bidder/Contractor to any foreign agent/supplier in any
foreign country out of ECB or FCCB proceeds, they are to be disclosed by him.
9. The Bidder/Contractor shall not instigate any third persons(s) to commit any offences in
relation to any of the matters mentioned above or be an accessory to any such offence.
10. Company code of Conduct – The Bidder/Contractor is advised to have a company code
of conduct which clearly rejects the use of bribes and other unethical means whether
monetary or otherwise, and adopts a compliance programme for implementation of the
code of conduct throughout the company.
11. The Bidder/Contractor shall immediately inform DVC if at any point of time such
bidder/contractor is asked to pay any illegal gratification or bribe in violation of this
Integrity Pact by any person employed by DVC or such illegal offer comes to the
knowledge of the Bidder/Contractor.
12. The Bidder/Contractor shall not do any act, by way of commission or omission, which
may defeat the spirit behind the present Integrity Pact.
SECTION-III
DISQUALIFICATTION FROM TENDER PROCESA AND EXCLUSION FROM FUTURE
CONTRACTS
1. A ‘transgression’ is said to have occurred if DVC after due consideration of the available
evidence, concludes that no reasonable doubt is possible.
2. If the Bidder/Contractor, before the award or during the execution of contract has
committed a transgression through a violation of section-II above, or in any other form
such as to put his reliability or credibility as bidder/contractor into question, DVC shall
be entitled to disqualify such bidder/contractor from the tender process or to terminate
the contract, if already signed, for such reason.
3. If the Bidder/Contractor transgresses or violates any of the provisions of section 2 mentioned
above, which has the effect of putting his reliability and/or credibility in question, then DVC
shall be entitled to exclude the bidder/contractor from future contract award processes.
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a. The imposition and duration of the exclusion shall be determined by the severity of
the transgression.
b. The severity shall be determined by the circumstances of the case, in particular the
number of transgressions, the position of the transgressor within the company, hierarchy
of the bidder/contractor and the amount of the damage.
c. The exclusion will be imposed for a minimum of ...….. months and maximum of
……… years.
4. The Bidder/Contractor accepts and undertakes to respect and uphold DVC’s absolute
right to resort to and impose such exclusion and further accepts and undertakes not
to challenge or question such exclusion on any ground including the absence of an
opportunity of being heard before the decision to resort to such exclusion is taken. This
undertaking is given freely and after obtaining independent legal advice.
SECTION-IV
COMPENSATION FOR DAMAGES
1. If DVC disqualifies the Bidder/Contactor from the tendering process prior to award of
contract in accordance with section 3 mentioned above, DVC shall be entitled to demand
and/or recover from the Bidder/Contractor, liquidated damages equivalent to the amount
or Earnest Money Deposit/Bid Security.
2. If DVC terminates the contract, or becomes entitled to terminate the same in accordance
with section-III, then DVC shall be entitled to demand and recover from the Contractor
liquidated damages equivalent to the security deposit/performance Bank Guarantee,
and if the amount of damage exceeds the amount of Security Deposit and Performance
Bank Guarantee, then DVC shall be entitled to recover the balance amount of damage
from the Bidder/Contractor either in cash or from the amount payable and due from
such Bidder/Contractor in other contracts being executed by him with DVC.
SECTION-V
PREVIOUS TRANSGRESSION
1. The Bidder/Contractor declares that no previous transgression occurred in the last
three years with any other company in any country conforming with the TI approach
or with any other Public Sector Enterprise in India that could justify his exclusion from
the tender process.

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2. If the Bidder/Contractor makes any incorrect statement on the subject mentioned in


the subsection (1) above, then he shall be liable for disqualification from the tendering
process or the contract, if already awarded, can be terminated for such reason and
compensation for damages caused shall be paid by the contractor/bidder as per section
4 above.
SECTION-VI
INDEPENDENT MONITORS
1. DVC or any other person authorized by DVC may/shall appoint Independent External
Monitor(s) for the “pact”, who should be suitably qualified and experienced and of
impeccable integrity.
2. The decision taken by DVC or any person authorised by DVC in the matter of appointment
of the Independent External Monitor as above shall be, final and conclusive and shall
be agreeable to both parties. Such a decision shall not be amenable to any challenge
on any ground whatsoever.
3. The Independent External Monitor(s) (IEM) appointed as above shall oversee the
implementation of the Integrity Pact independently and objectively maintaining absolute
neutrality.
4. The IEM(s) shall not have any administrative or enforcing powers. He shall only be
entitled to submit his non-binding suggestions and/or recommendations to the
management of DVC to discontinue, or to take corrective action, or to take any other
relevant action, whenever any violation of and/or deviation from any violation of and/or
deviation from any of the conditions of the Integrity Pact is observed/noted by him.
5. The Bidder/Contractor accepts that the IEM(s) shall have the right to access without
restriction all project documentation of DVC as well as of the Contractor/Bidder. The
Bidder/Contractor will also grant the Monitor, upon his request and demonstration of
a valid interest, unrestricted and unconditional access to the project documentation.
The Monitor is to be under a contractual obligation to treat the information and documents
of the Bidder/Contractor with confidentiality.
6. If the Monitor reports to DVC a substantiated suspicion of an offence under relevant
IPC/PC Act and anti-corruption laws of India and DVC does not, within a reasonable
time takes visible action to proceed against such offence or reported it to Chief Vigilance
Officer, the IEM may also transmit this information directly to the Central Vigilance
Commissioner, Government of India.
7. DVC shall provide to the IEM(s) sufficient Information about all the meetings among
the parties related to the project provided such meeting would have an impact on the
contractual relations between DVC and the Contractor, to enable him to participate in
those meetings.

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SECTION VII
EQUAL TREATMENT OF ALL BIDDERS/CONTRACTORS/SUB-CONTRACTORS
1. The Bidder/Contractor undertakes to demand from all sub-contractors a commitment
that they shall conform to this Integrity pact, and they shall submit such undertaking
to DVC before signing of the contract.
2. DVC shall enter into agreements with identical conditions as this one with all bidders,
contractors and subcontractors.
3. DVC shall disqualify from the tender process all bidders/contractors who do not sign
this pact or violate its provisions.
SECTION-VIII
CRIMINAL CHARGES AGAINST VIOLATING BIDDERS/CONTRACTORS/SUB
CONTRACTORS
If DVC obtains knowledge of conduct of a bidder/contractor, or subcontractor, or of an
employee or a representative or an associate of the bidder, contractor or subcontractor,
which constitutes corruption, or if DVC has substantive suspicion in this regard, DVC will
inform the Chief Vigilance Officer about the information.
SECTION- IX
OTHER PROVISIONS
1. This agreement is subject to Indian law. Place of performance and jurisdiction is the
Registered Office of DVC, i.e. Kolkata. The arbitration clause provided in the main
tender document/contract shall not be applicable for any issue/dispute arising under
integrity pact.
2. Changes and supplements as well as termination notices need to be made in writing.
Side agreements have not been made.
3. If the contractor is a partnership or consortium, this agreement must be signed by all
partners or consortium members.
4. Should one or several provisions of this agreement turn out to be invalid, the remainder
of this agreement remains valid. In this case, the parties will strive to come to an
agreement to their original intentions.
5. The Agreement shall come into force from the moment DVC and the Bidder/Contractor
sign it and it shall be in force for a period of 12 (twelve) months after the last payment
is made, and for all other bidders 6 (six) months after award of the contract. If any claim
is lodged during this time the same shall be binding and continued to be valid despite
the lapse of the pact as specified above.
6. DVC shall periodically appraise the effectiveness of the Integrity Pact by conducting
an overall review with the concerned executives and the Bidder/Contractor.

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(For & on behalf of DVC) (For & on behalf of Bidder/Contractor)


(Office Seal) (Office Seal)

Witness 1:
(Name & Address)

Witness 2:
(Name & Address)

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CLOSING OF CONTRACTS
1.0 PURPOSE
The objective of this Procedure is to prescribe uniform guidelines for closing of Contracts.
2.0 SCOPE
This Procedure covers closing of Contracts awarded by Project / Station /HQ for (1) Site
Packages for Project, as per approved Package List (2), Site Packages for R&M of the
Station, as per approved Package List and (3) Other Capital Works of Station, (4) Transmission
Line projects
3.0 PROCESS
3.1 TIME OF CLOSING
3.1.1 The Contracts mentioned in para 2 above, placed by Project/Station/HQ shall require
closing after obligations of both parties, viz. DVC and Contractor (as given hereunder
for specific category of Contracts) are completed.
a) In case of Supply-cum-Erection/Services Contracts, the closing of the Contract
shall be done after the Warranty period/ Defect Liability Period is successfully completed.
b) For Civil Packages, the closing of the Contract shall be done after completion of
the Defect Liability Period.
3.2 RESPONSIBILITY
3.2.1 All Contracts pertaining to the Works for the Project/Power Station (Site Packages
of the Project, Site Packages for R&M, Other Capital Works Contracts etc.) placed
by Project/Power Station, shall be closed by Project/Station. All packages awarded
by HQ should be closed by concerned HQ in consultation with concern Project.
3.3 CERTIFICATES REQUIRED FOR CLOSING For Site Packages of Projects and
R&M of Station
The following thirteen (13) certificates, as per the proforma enclosed at Annexure-I
(1 to 13), shall be issued by the concerned Departments and submitted to the
concerned Authority designated in para 3.2.1 above, for closing of Contracts for Site
Packages of Project/ R&M of Station / Capital Works of the Project / Station:

Certificate No. Certificate Description Responsibility


CC-01 Certificate of Final Site (C&M)/HQ (C&M/Project)
Amendment to the Contract
CC-02 Drawing Receipt Certificate Project/Concern Engineering
(as applicable) Department (HQ)

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CC-03 Q.A. Documents Receipt FQA/Project Construction


Certificate (as applicable)
CC-04 O&M Manuals Receipt Certificate Project O&M
(where applicable)
CC-05 Scope Completion Concerned Project
Certificate
CC-06 Liquidated Damages for Delay Contract Handling Authority in
Certificate (where applicable) consultation with user section/concern
project or station.
CC-07 Shortfall in equipment Corporate OSU/Site O&M
Performance Certificate
(where applicable)
CC-08 Material Reconciliation user section/concern project or station
Certificate
CC-09 Payment Reconciliation Site Finance
Certificate:
CC-10 Certificate regarding Labour Contractor
Payments and Statutory
Requirements to be furnished
by Contractor
CC-11 “No Demand” Certificate by Contractor
Contractor
CC-12 Certificate for Completion of user section/concern project or station
Warranty Period/ Defect (O&M)
Liability Period
CC-13 Certificate of Return of Contract Handling Authority in
BG's/Indemnity Bonds, etc. consultation with user section/concern
project or station.

4. APPROVAL FOR CLOSING OF CONTRACT


The concerned Department, who is responsible for closing of Contract, shall submit a Note
for closing of Contract along with the following documents to the Competent Authority (as
mentioned below) for approval:
a) Documents to be enclosed with the Note for closing of Contract
i) All Certificates mentioned at Para 3.3 above.
ii) List of Certificates (mentioned in para 3.3 above) not required and the reasons of non-
applicability of the particular Certificate duly approved by Competent Authority (refer para 4 b).
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iii) Any other related Document


b) Competent Authority for Approval of Closing of Contract
The Competent Authority for closing of Contract shall be Award Approving Authority not
higher than Head of Project/Station.
5. MONITORING OF CONTRACT CLOSING
5.1To monitor and expedite Contract Closing activities and to facilitate timely intervention
of higher management for expediting Contract closing activities, the following procedure
shall be adopted.
5.2 Standing Contract Closing Group (CCG) shall be constituted at the Project/Station for
following up all the Contracts closing activities by the Project/Station. The CCG shall comprise
of the following members :
i) Representative of Site Erection/ Construction minimum SE level Member
CONVENER
ii) Representative of Site Finance minimum M-5 level Member
iii) Representative of Site C&M minimum M-5 level Member
iv) Representative of O&M minimum M-5 level (where applicable) Member

(*The Nominations would be approved by Head, Project/Station)


The CCG shall work under the overall guidance of Head Project/Stations. This Committee
should also review the Contracts awarded by site Contracts / HQ but to be closed by Site.
5.3 Monthly Review by Head Of Project/Station
Head (Project/Station) shall review on monthly basis the Contract Closing of various
Contracts by Project/Station (and other Contracts awarded by Corporate Contracts but to
be closed by Project/Station). The review shall be organized by Convenor CCG.
5.4 Quarterly Review by Member (Tech)
Member (Tech) shall review on Quarterly basis, the Contract Closing of various Contracts
of Projects / Stations. This review shall be organized by Head (CMG).
5.5 Monthly Exception Report by CMG
Exception Reports on Contract Closing for the Company as a whole, identifying the delays
and reasons thereof shall be put up by Head (CMG) to CMD on monthly basis through
Member Tech with a copy to all Heads of Projects.

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ANNEXURE I.1
CERTIFICATE OF FINAL AMENDMENT TO THE CONTRACT [TO BE ISSUED BY
PROJECT CONTRACTS/ STATION (C&M)]
CERTIFICATE NO. CC – 01

NAME OF PACKAGE :
LETTER OF AWARD/CONTRACT NO. : DATED :
NAME OF CONTRACTOR: PROJECT :
This is to certify that amendments have been issued to the aforesaid Contract as per the
details mentioned below:

Sl. No. Amendment No. Date


1.

2.

3.

4.

5.

This is to certify further that Amendment No. ........................... dated ................ is the last
Amendment issued.

Date :
Signature………………. Place: Name…………………..
Designation…………….

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ANNEXURE – I.2

DRAWING RECEIPT CERTIFICATE [TO BE ISSUED BY PROJECT]

CERTIFICATE NO. CC - 02

NAME OF PACKAGE :
LETTER OF AWARD/CONTRACT NO.: DATED :
NAME OF CONTRACTOR: PROJECT :

This is to certify that we have received all the drawings which were to be submitted by the
Contractor, in requisite number along with the reproducible (or electronic form – as applicable),
as detailed in Annexure enclosed herewith, as per provisions stipulated in the above
mentioned LOA/ Contract.

Encl: Annexure-I – List of Drawings

Date :
Signature………………. Place: Name…………………..
Designation…………….

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ANNEXURE – I.3

QA DOCUMENTS RECEIPT CERTIFICATE [TO BE ISSUED BY FQA]

CERTIFICATE NO. CC - 03

NAME OF PACKAGE :
LETTER OF AWARD/CONTRACT NO.: DATED :
NAME OF CONTRACTOR: PROJECT :

This is to certify that the QA Documents as per the list enclosed (Annexure-I), in respect
of the above mentioned LOA/ Contract has been received in line with the provisions of the
Contract.

Encl: Annexure-I – List of QA Documents

Date :
Signature………………. Place: Name…………………..
Designation…………….

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ANNEXURE – I.4

O&M MANUAL RECEIPT CERTIFICATE (where applicable)


[TO BE ISSUED BY O&M]

CERTIFICATE NO. CC - 04

NAME OF PACKAGE:
LETTER OF AWARD/CONTRACT NO.: DATED:
NAME OF CONTRACTOR: PROJECT:

This is to certify that we have received from the Contractor all the necessary O&M Manuals
in requisite number, including the list of spare parts alongwith the names of vendors, in
respect of the above LOA/Contract. The consolidated list of such Manuals received is
enclosed at Annexure-I alongwith the distribution as marked in the list.

Encl: List Annexure-I – O&M Manuals

Date :
Signature………………. Place : Name…………………..
Designation…………….

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ANNEXURE – I.5

SCOPE COMPLETION CERTIFICATE


(TO BE ISSUED BY SITE ERECTION/CONSTRUCTION)
CERTIFICATE NO. CC – 05

NAME OF PACKAGE :
LETTER OF AWARD/ CONTRACT NO. : DATED :
NAME OF CONTRACTOR:
PROJECT :

This is to certify that the scope of the above Contract has been completed in line with
the
Contract read in conjunction with the following documents:
1. All Amendments including Final Amendment No. ................... (As per CCP-01)
2. Approved Bill of Materials
3. Material Dispatch Clearance Certificate(s) (MDCCs)
4. Measurement Book
5. Any other documents (specify)
It is further certified that the following have been supplied, as per the details given in
the Contract Documents and the same have been taken over by DVC.

1. Mandatory Spares
2. Recommended Spares
3. Special Tools & Tackles

Date :
Signature………………. Place: Name…………………..
Designation…………….

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ANNEXURE – I.6

LIQUIDATED DAMAGES FOR DELAY CERTIFICATE (TO BE ISSUED BY SITE)


(ERECTION / CONSTRUCTION)

CERTIFICATE NO. CC - 06

NAME OF PACKAGE :
LETTER OF AWARD/ CONTRACT NO.: DATED :
NAME OF CONTRACTOR: PROJECT :
This is to certify that the issue regarding liquidated damages for delay as per the provisions
of clause ......................of the above Contract/ LOA has been resolved with the approval
of the Competent authority vide reference .................. (copy enclosed).

Encl: Copy of Approval

Date :
Signature………………. Place: Name…………………..

Designation…………….

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ANNEXURE – I.7

SHORTFALL IN EQUIPMENT PERFORMANCE CERTIFICATE (where applicable)


[TO BE ISSUED BY OPERATION SERVICES (OS) FOR SITE PERFORMANCE TEST
AND CORPORATE OR FQA – (AS APPLICABLE) FOR SHOP TESTS]
CERTIFICATE NO. CC - 07
NAME OF PACKAGE :

LETTER OF AWARD/ CONTRACT NO.: DATED:


NAME OF CONTRACTOR: PROJECT:

This is to certify that the following shortfall in equipment performance as compared to the
guaranteed parameters have been assessed and agreed to with the Contractor in respect
of the above mentioned LOA/ Contract.
Sl. No. Guaranteed Guaranteed Assessed Shortfall, Liquidated
Parameter value Value if any. damages
1 2 3 4 5 6

Further, it is also confirmed that liquidated damages for shortfall in equipment performance
in respect of above Items, have been recovered fully from the Contractor and no other dues
are outstanding for shortfall in equipment performance.

Date :
Signature………………. Place: Name…………………..
Designation…………….

TO BE COUNTER SIGNED BY SITE ACCOUNTS


Date :
Signature………………. Place: Name…………………..
Designation…………….

Note: Any special Documents to be enclosed.


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ANNEXURE – I.8

MATERIAL RECONCILIATION CERTIFICATE


[TO BE ISSUED BY SITE ERECTION / CONSTRUCTION AND COUNTERSIGNED
BY SITE (C&M)]

CERTIFICATE NO. CC - 08

NAME OF PACKAGE:
LETTER OF AWARD /CONTRACT NO.: DATED:
NAME OF CONTRACTOR: PROJECT:

This is to certify that the materials issued to the Contractor in respect of the above mentioned
LOA/Contract have been reconciled with the stipulations under the Contract Documents
and no other recovery of material is pending with the Contractor.

Date :
Signature………………. Place: Name…………………..
Designation…………….

TO BE COUNTER SIGNED BY MATERIALS MANAGEMENT

Date :
Signature………………. Place: Name…………………..
Designation…………….

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ANNEXURE – I.9

PAYMENT RECONCILIATICN CERTIFICATE


(TO BE ISSUED BY SITE FINANCE IN CASE OF INDIAN CONTRACTORS)
CERTIFICATE NO. CC - 09

NAME OF PACKAGE :
LETTER OF AWARD/ CONTRACT NO.: DATED :
NAME OF CONTRACTOR: PROJECT :

This is to certify that all the payments released to the Contractor in respect of the
abovementioned LOA/Contract have been reconciled with the provisions of the Contract
Documents and statement of Accounts and or other Certificates of Contractor. It is observed
that there are no recoveries pending under any of the items noticed and listed below:

List of Items:
1. ……………
2. …………….
3. …………….
4. …………….

Date :
Signature………………. Place: Name…………………..
Designation…………….

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ANNEXURE – I.9

Enclosure to CC-09
The list of recoveries and claims as advised by Site Erection should include all recoveries
and claims on any account whatsoever, including the following:
1. Liquidated damages for delay.
2. Liquidated damages for shortfall in Performance as observed during shop-testing (by
inspection deptt.)
3. Liquidated damages for shortfall in performance as observed during performance
guarantee tests conducted at site and other site tests.
4. All recoveries /claims on account of variations/deviations to scope of contract permitted
or otherwise taken place during execution of the contract as listed as certificate No.
CC-05 for contract closing (Certificate by site Erection for contract closing).
5. Recoveries on account of reconciliation of payments made under the contract.
6. All the claims against the contractor regarding clearance of materials from site and
vacation of the premises allotted for site office, stores.
7. All claims in respect of Training/Transportation/Accommodation/Services provided by
site in respect of above LOA/Contract.
8. Recoveries on account of settlement of insurance claims
9. Recoveries on account of reconciliation of materials issued to the Contractor.
10. All recoveries on account of demurrage, transportation, insurance premiums etc. and
other recoveries as informed by T&CC group on account of port clearance, transportation
etc.
11. All recoveries on account of wastage and scrap.
12. All recoveries/claims (if any) on account of maintenance of equipments.
13. All recoveries/claims (if any) on account of price variation.
14. All recoveries/claims (if any) on account of statutory dues paid on behalf of the Contractor
by DVC.
15. Royalty charges.
16. All recoveries/ claims (if any) on account of hiring out of DVC’s plant and equipment.
17. All recoveries/claims (if any) on account of water and electricity charges (if applicable)
18. Any other recoveries/claims against specific instructions.

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ANNEXURE-I.10

CERTIFICATE REGARDING LABOUR PAYMENTS AND STATUTORY REQUIREMENTS

TO BE FURNISHED BY CONTRACTOR.
(TO BE ISSUED BY THE CONTRACTOR)

CERTIFICATE NO. CC - 10

NAME OF PACKAGE :
LETTER OF AWARD/ CONTRACT NO.: DATED :
NAME OF CONTRACTOR: PROJECT :
This is to certify that we have made all labour payments including PF Liabilities in respect
of the above mentioned LOA/ Contract and no other payments in this regard is pending
from us.
Further, we confirm that all Statutory requirements have been complied with by us and in
case any default is reported against us, we shall be solely responsible for the same.

Date :
Signature………………. Place: Name…………………..
Designation…………….

Note: Where required, the proof of payment by Contractor may be obtained.

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ANNEXURE-I.11

NO DEMAND CERTIFICATE BY CONTRACTOR

(TO BE ISSUED BY THE CONTRACTOR)

CERTIFICATE NO CC-11

NAME OF PACKAGE :
LETTER OF AWARD/ CONTRACT NO.: DATED :
NAME OF CONTRACTOR: PROJECT :
We, M/s.............................................................................. (Contractor) do hereby acknowledge
and confirm that we have received the full and final payment due and payable to us from
DVC in respect of our aforesaid LOA/Contract No......................................
dated.................................including amendments, if any, issued by DVC to our entire
satisfaction and we further confirm that we have no claim whatsoever pending with DVC ,
under the said Contract
Notwithstanding any protest recorded by us in any correspondence, document, measurement
books, and/or final bills etc., we waive all our right to lodge any claim or protest in future
under this contract.
We are issuing this “NO DEMAND CERTIFICATE” in favour of DVC with full acknowledge
and with our free consent without any undue influence, misrepresentation, coercion etc.

----------------------------------------- Signature

------------------------------------------ NAME

------------------------------------ DESIGNATION

----------------------------------------- COMPANY SEAL

(This Certificate shall be accompanied by the Power of Attorney of the Signatory)

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ANNEXURE-I.12

CERTIFICATE FOR COMPLETION OF WARRANTY PERIOD


(TO BE ISSUED BY SITE ERECTION / CONSTRUCTION / O&M DEPTT. (for R&M
& O&M Contracts)

CERTIFICATE NO. CC - 12

NAME OF PACKAGE :
LETTER OF AWARD/ CONTRACT NO.: DATED : NAME OF CONTRACTOR: PROJECT
:
This is to certify that the Warranty period for the above mentioned LOA/Contract has been
completed in line with the provisions of the Contract.

Date :
Signature………………. Place: Name…………………..
Designation…………….

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ANNEXURE-I.13

CERTIFICATE FOR RETURN OF BGs/ INDEMNITY BONDS ETC.


(TO BE ISSUED BY SITE FINANCE)

CERTIFICATE NO. CC - 13

NAME OF PACKAGE :
LETTER OF AWARD/ CONTRACT NO.: DATED :
NAME OF CONTRACTOR: PROJECT :

This is to certify that all the *Bank Guarantee/Indemnity bonds / Insurance policies /
Collaborator's or Associate's Guarantee, received for the abovementioned LOA/Contract,
have been returned in original to the Contractor.

Date :
Signature………………. Place: Name…………………..
Designation…………….

*Delete whichever is not applicable.

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ANNEXURE-1.1
Letter of Bid
To
The
Sub:
Ref: 1. NIT No:
‘………………………………………………………………………………...’
2. Tender Id No: ‘……………………..…………..’

Dear Sirs,
We offer to supply the materials/works/service as per our offered bill of quantity in accordance
with the conditions of the NIT document as available in the website. The details of the application
fee/cost of Tender document and EMD being submitted by us has been furnished on-line.
I/We are a Micro/ Small Enterprise covered under the provision of Micro Small and Medium
Enterprises Act’2006 and registered with the authority of the State Government.
OR
I/We are not covered under the provision of Micro Small and Medium Enterprise Act, 2006
This Bid and our written acceptance of it shall constitute a binding contract between us.
We understand that you are not bound to accept the lowest or any bid you receive.
We hereby confirm our acceptance of all the terms and conditions of the NIT document
unconditionally.
Yours faithfully,
(Signature of Bidder OR Authorized person
of bidder OR DSC Holder bidding
online with authorization from bidder)
1. Name of Authorized Signatory
2. Type of Authorization
3. Name of the Bidder
4. Address
5. E-Mail Address
6. Mobile Number
7. FAX Number
8. Telephone Number
9. Place
10. Date
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2016 Page 325

ANNEXURE-1.2

Proforma for affidavit to be submitted by the bidder


(for genuineness of the information furnished on-line and authenticity of the documents
produced before Tender Committee for verification in support of his eligibility)
Non Judicial Stamp Paper (minimum value of Rs.10).

I/We, ………………………..…………………, authorized representative of M/s.


………………………..……………………………………..……………… solemnly declare that:
1. I/We am/are submitting Tender for supply of ……………………….............. against
NIT No..................... dated ..................... , vide Bid ID.....................
2. All information furnished by me/us on-line in respect of fulfillment of eligibility criteria
and qualification information of this Tender is complete, correct and true.
3. I/We have never been banned or delisted by any Govt. or Quasi Govt. Agency or any
Public Sector Undertaking.
OR
I/We have been banned by the organization named "................................................"
for a period of .......................... year/s, effective from ..................... to ...........................
4. All scanned copy of documents, wherever applicable, uploaded by me / us in support
of the information furnished online by me / us towards eligibility are valid and authentic.
5. I/We are a Micro/ Small Enterprise covered under the provision of Micro Small and
Medium Enterprises Act’2006 and registered with the authority of the State Government.
OR
I/We are not covered under the provision of Micro Small and Medium Enterprise Act,
2006.
6. If any information furnished by me / us online and scanned copy of documents uploaded
in support of the information by me / us towards eligibility is found to be false / incorrect at
any time, DVC may cancel my Tender and penal action as deemed fit may be taken against
me / us , including termination of the contract , forfeiture of Earnest Money and banning /
delisting of our firm and all partners of the firm for a minimum period of 01 (one) year.
Signature of the Tenderer

Dated:
Signature and Seal of Notary
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ANNEXURE-1.3
TECHNICAL PARAMETER SHEET

TENDER NO. & DATE :


Bidder Name :
TECHNICAL PARAMETER SHEET
Evaluation Others1 Others2 Required value* Eligibility
Criteria (To
Description Bidder’s
Sl. Item Specification Unit of be Selected REFERENCE
of Eligibility Start End Bidders Specification
No.* Code* Parameter* Measure* from drop NO. OF Overall
Item* Status value value value* wise
down box in DOCUMENT
each cell)*
EQUAL or NON-
9 FALSE
MORE than COMPLIED

AGREED or NON-
1 AGREE FALSE
DISAGREED COMPLIED

NON-
YES or NO YES FALSE COMPLIED
EQUAL or NON-
9 FALSE
LESS than COMPLIED

AGREED or NON-
2 DISAGREED AGREE FALSE
COMPLIED

NON-
YES or NO YES FALSE COMPLIED
NON-
BETWEEN 2 9 FALSE
COMPLIED

AGREED or NON-
3 AGREE FALSE
DISAGREED COMPLIED

NON-
YES or NO YES FALSE
COMPLIED
NON-
YES or NO YES FALSE COMPLIED
NON-
4 YES or NO YES FALSE COMPLIED
NON-
YES or NO YES FALSE
COMPLIED
NON-
YES or NO YES FALSE
COMPLIED
NON-
YES or NO YES FALSE
COMPLIED
4
NON-
YES or NO YES FALSE
COMPLIED
NON-
YES or NO YES FALSE COMPLIED
Deviation
1 YES
5 Item 5 Withdrawl SELECT

TECHNICAL PARAMETER SHEET


*** PLEASE ENTER THE DETAILS AS PER THE INFORMATION AND DOCUMENTS YOU HAVE W.R.T. YOUR OFFERED ITEMS
Schedule of deviation is to be obtained from the bidder(S) as per annexure ‘C’

W&P Manual – 2016


ANNEXURE-1.4
Price schedule of supply

Tender inviting Authority: DVC


Description of Item : DVC Tenders

NIT No. :
Bidder Name

PRICE SCHEDULE

Sl. Item Description* Item Tendered Unit of Estimated Basic Price Packing & Excise Edu VAT / Freight Insurance Entry Any Other Loss Rate inclusive
No. Code/ Quantity Measure Rate in Ex-Words Forwarding Duty % Cess% CST % % (in Rs.) Tax Charges Capitalisation of all Taxes/
Make* Rs. (per unit) % (in Rs.) (in Rs.) Charges Duties
(in Rs.) (in Rs.) (in Rs.)

A B C D E F G H I J K L M N O Q R
2016

0
0
TOTAL 0

NOTE : Bidder may note that Techno-commercial Deviation bid containing deviations withour cost of withdrawal, Price shall be considered as unresponsive offer and will be out rightly rejected. Bidders are requested to be filled
upon the column(Q) of cost of withdrawal in the price bid, will be taken into consideration for the purpose of bid evaluation. Cost of withdrawal is to be obtained from the bidder(s) as per annexure 'D' for schedule of deviation as per
annexure C in techno-commercial part.
DAMODAR VALLEY CORPORATION
WORKS & PROCUREMENT MANUAL

*** RATES ARE TO GIVEN IN INR ONLY


Sec-XVII
Page 327

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ANNEXURE-1.5

PRICE SCHEDULE OF WORKS


Tender Inviting Authority:
Name of Work:
Contract No:
SCHEDULE OF WORKS

(This Works template must not be modified/replacd by the bidder and the same sould be uploaded after filling the relevent
columns.

else the bidder is liable to the rejected for this tender, Bidders are allowed to enter the Bidder Name and Values only
Bidder Name :

Sl. RATE in
No. or
Description Estimated Figures To be
Unit AMOUNT
of work Rate (in Rs.) entered by the
Qty
No. Bidder

Rs. P Rs. P

Figures Words
1 0 0 Rupees 0
only
2 0 0 Rupees 0
only
3 0 0 Rupees 0
only
4 0 0 Rupees 0
only
5 0 0 Rupees 0
only
6 0 0 Rupees 0
only
7 0 0 Rupees 0
only
8 0 0 Rupees 0
only
9 0 0 Rupees 0
only
10 0 0 Rupees 0
only
11 0 0 Rupees 0
only
12 0 0 Rupees 0
only
13 0 0 Rupees 0
only
14 0 0 Rupees 0
only
Total in Figures
Total in Words Rupees only

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ANNEXURE-1.6
POWER OF ATTORNEY
(IN CASE OF JOINT VENTURE/ASSOCIATES)

Know all men by these presents that we…………………………………………………., all


carrying on business at present in Joint Venture under the name and style of having its
office at…………………………....……………………., do hereby nominate, constitute and
appoint Shri…………………………………….S/O.................................................................by
Caste………………………………… by Occupation…………………………………at present
residing at……………………………..as the Constituted Attorney for and on behalf of our
said Joint Venture firm to do inter alia the following acts, deeds and things:-
Whereas, the members of the Joint Venture…………………………..(herein after name of
JV) having its office at………………………………………….are interested in bidding for the
Project and implementing the Project in accordance with the terms and conditions of the
Bid Document and other connected documents in respect of _________________the
Project, and
Whereas, it is necessary for the members of the Joint Venture to designate someone with
all necessary power and authority to do for and on behalf of the Joint Venture all acts,
deeds and things as may be necessary in connection with the Joint Venture’s bid for the
Project or in the alternative to appoint someone, who would have all necessary power and
authority to do all acts, deeds and things on behalf of the Joint Venture, as may be necessary
in connection with Joint Venture’s Bid for the Project.
Whereas DVC________________________ has invited Bid for the Work (Tender) OF
______________________ against Tender Notice No. _____________________________
1) To do on behalf of the Joint Venture, all or any of the acts, deeds or things necessary
or incidental to the Joint Venture’s Bid for the Projects, including signing and submission
of Bid participating in conferences, responding to queries, submission of
information/documents and generally to represent the Joint Venture in all its dealing
with DVC, ________________________, any other Government Agency or any person,
in connection with the Project until completion of the process of bidding and thereafter
till the agreement is entered into with DVC, ___________________
And we the undersigned do hereby and at all times hereinafter shall ratify and confirm all
and whatsoever other act or acts our said Attorney shall lawfully and bonafide do or acts
to be done by virtue of these presents.
In witness where of we have here unto set and subscribe our respective hands and seal
this ____________________________________Day of
____________________________201__.

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Witness:

Signed for and behalf of


1) Name:

2)
Signed for and on behalf of
Name:

Signature of Power of Attorney Holder is attested hereby

Signature of Power of Attorney Holder

Signature of person signing this Power


Of Attorney for Joint Venture above

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ANNEXURE-1.7

POWER OF ATTORNEY
(To be uploaded by the Digital Signature Certificate Holder/Consortium/Lead Member)
ON NON JUDICIAL STAMP PAPER
TO WHOM IT MAY CONCERN

This is to certify that <Name of DSC Holder>of M/s <Name of participating Firm / Company>
has the authority to sign the bids using his digital signature and any document (s) in hardcopy
pertaining to DVC Tender No. …………….. dated ………….. using his official usual signature
and the bid shall be binding upon us during the full period of its validity.

Signature of <Name of DSC Holder> is duly attested hereunder.

Thanking you
Yours faithfully
…………………...............................
<Signature of the Attesting Authority of the Company>

Signature of <Name of DSC Holder> of M/s <Name of participating Firm / Company>


Attested by <Name of Attesting Authority>
…………………
…………………
Stamp

Notarized by
…………………
…………………
…………………
Stamp

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ANNEXURE-Z1
INDENT FOR PROCUREMENT/WORKS
(Complete In all respect)

Sl. Description of the activities Yes/No Remarks,


No. Nature of item (Capital/Spare) if any
1. Administrative Approval by:
2. Detailed authenticated Specification, drawing, scope of work,
estimated value with basis, delivery and completion schedule
etc. (Enclosed/not enclosed)
Nature of Tender (Open/Limited/Source standardised basis
3. Allocation of Budget to be ensured/indicated.
4. In case of TAA is Board/Chairman. administrative approval
Note to be obtained from concerned Member.
5. Indents for spares, consumables, capital, Plant & Machinery
and Note other assets be placed separately.
6. Wherever possible relevant IS/BIS or any acceptable standard
to be mentioned
7. Justification of procurement along with the quantity.
a) Based on BUS for last 3 years.
b) If it is more than moving average, justified the quantity, and
approved by one step superior of TAA Note
c) If TAA is CE and above, no approval of superior is required.
8. In case of new items/works, utilisation programme is to be
indicated.
9. Wherever applicable, PAC/OEM/OES or source standardisation
certificate issued by the (CE/Sr.CE/HOD) in the prescribed
format.
10. Indents for which approval of Board/Chairman is required
before Note placement of P.O. should have recommendation
for process of concerned Director.
11. First time procurement - for replacement of any item, already
in use will not be termed as NEW ITEM
it is stated as FIRST TIME PROCUREMENT.

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ANNEXURE-Z1
INDENT FOR PROCUREMENT/WORKS
(Complete In all respect)

Sl. Description of the activities Yes/No Remarks,


No. Nature of item (Capital/Spare) if any
12. Proposal for procurement of improved version over the existing
one should properly justifies along with cost benefit analysis
and obsolesce certificate from concerned ED/Sr.CE to be
obtained prior to enquiry.
13. Items related to computer & associate certification from IT
department shall be obtained.
14. Importation will only be resorted to when there is no effective
indigenous substitute.
15. Draft QR along with reference QR with probable vendors
(enclosed/not enclosed)
16. Departmental estimate (Excluding all taxes & duties)
17. Basis of estimate

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ANNEXURE-Z2

Sub: Nomination of Tender Evaluation Committee Members.

1. NIT (Enquiry) no. and date :

2. Brief Description of item(s)

3. Indenter :

4. Type of enquiry : Open/Limited/Single

5. Bid Opening date :

6. Estimated Cost :

7. Tender Evaluation Committee

Member Level :

8. TAA :

Department Name & designation of Member Name & designation of


Member (For field formation) from HQ
Contract & Materials
(to be furnished by
C&M Department)
Finance (obtain over
phone by C&M
Department)
Indenting Department

Competent authority may nominate a member from his department.

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ANNEXURE-Z3
(Name of User Department)
Ref : Date:
Sub: Proposal for amendment to purchase Order :
Delivery Period Extension: (To be filled in by Indenting Department)

1. Purchase /Work Order No. & Date


2. Name of the supplier
3. Brief description of materials
4. Total Value of Purchase/Work Order
5. Original Date of Delivery/Works as per P.O./Contract
6. Actual Date of Delivery
7. Have the supplier asked for extension after completing
the supplies? (Yes/No)
8. Value of supplies/ Contract for which extension is sought Rs. (% of order value)
9. Reference of suppliers request
10. Extension required upto
11. Whether delay is attributable to the supplier/contractor (Yes/No)
12. Brief reasons for extension of delivery period, as
communicated by supplier.
13. Recommended for
a) Extension of delivery period upto with imposition of LD (Yes/No)
b) Extension of delivery period upto without imposition
of LD. (Yes/No)

Signature:__________________________
(Not below SE)
Seal:_______________________________

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ANNEXURE-Z4

LETTER HEAD
FULL ADDRESS:

LETTER OF INTENT (LoI)/


Purchase Order No. : Our Enquiry No. :
Date Date:
User Department : Vendor:
Engineer In-charge :
M/s.
Phone No. Fax No.

Sub: Supply of
Ref: 1.
2.
3.
We are pleased to confirm our acceptance of your offer/and subsequent correspondence
referred to above., kindly arrange to execute the supplies strictly as per specifications and
quantities as indicated in subject to the conditions specified herein. Our General Conditions
of Contract (GCC), is available in our web page www.dvc.gov.in
Kindly arrange to return duplicate copy of this order duly signed and stamped within 10
days in token of having received and accepted the order.
1. Total value of order :
2. Price Basis :
3. P & F charges :
4. Excise Duty :
5. Sales Tax :
6. Place of despatch :
7. Place of delivery :
8. Mode of despatch :

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10. Inspection :
11. Payment Term :
12. Bank Charges :
13. Warrantee/Guarantee :
14. Security deposit cum performance Bank:Guarantee.
15. Liquidated Damage clause :
16. Price Variation :
17. Special Instructions
Delivery/completion schedule :

for and on behalf of DVC.


Copy to:-
1. User Department - This has reference to its Indent
No.___________________
` dated_______________________

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ANNEXURE-Z5

_________________________________Station/Corporate Office

__________________________________ Full address.

(Contract & Materials Department)

Amendment to Purchase Order

M/s_______________________________

Purchase Order No. Date

Amendment No. Date

Your reference no. & date.

----------------------------------------------------------------------------------------------------------------------
-----------

The above order is hereby amended as under

All other terms and conditions of the order remain unaltered.

FOR AND ON BEHALF OF DVC

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ANNEXURE-Z6
PRE-ENQUIRY ACTIVITIES (BY TIA) – CHECK-LIST

Sl. Description of the activities Yes/No Remarks, if any


No.
1. Activities would only start after the receipt of indent/
proposal is complete in all respect.
2. Scrutinise the indent/proposal and set right of any
discrepancy in the indent/proposal by sending back to
the indenter
3. Creation of a file
4. Approval of the mode of tendering ,in case of
departure from normal procedure by TIA as per
proposal of the indenter with reference to specified
clause in W&P Manual).
5. Formation of QR committee.
Approval of recommendation of QR committee by
approving authority
6. Firming of cost of tender documents based on
Estimated value.
7. Firming the amount of EMD based on estimated cost
Needs valid regn.
*SSI registered with NSIC shall be exempted from certificate from
payment of EMD. appropriate Govt.
authority
8. On opening of the file, prepare the tender
document sets.
9. Finalising the enquiry details for advertisement in
newspaper and web site for OTE by C & M deptt.
10. Put up to TIA for approval, for NIT document and
publication of NIT

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ANNEXURE-Z7
PREPARATION OF TENDER ENQUIRIES CHECK LIST (BY TIA)

Sl. Description of the activities Yes/No Remarks, if any


No.
1. Time and date for receipt and opening of tenders –
as per the guidelines.
2. Prescribed time has been allowed to the Tenderers
to submit their quotations depending on the type of
enquiry being issued i.e. STE, LTE, OTE, Global
Tender Enquiry.
3 Amount to be furnished against EMD as well as mode
of submission
4. Description of stores including specifications etc
Detailed scope of work, list of statutory requirements,
scope on the part of DVC etc.
5. Relevant drawing/specification enclosed
with the enquiry.
6. Pre-despatch (PDI) inspection in case of stage
inspection at suppliers end. PDI as a special condition
of contract (SCC)
7. Condition of conduct are correctly indicated
8. LD clause
9. Insertion of clause for the cancellation of contract
effecting risk purchase
10. In case of purchase of imported stores, shipping
clause e.g. FOB/FAS basis etc.
11. Any other clauses as felt necessary by TIA to be
incorporated in the bid document.
12. SDBG
13. Readiness of Excel sheet for Techno-commercial
and price
14. Finalisation of evaluation criteria, in case of variance
from GCC.

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ANNEXURE-Z8
CONSOLIDATED CHECK LIST TO BE SENT BY TENDER COMMITTEE TO TAA
ALONG WITH FINAL RECOMMENDATION

Sl. Description of the activities Yes/No Remarks,


No. if any
1. Indent for spares & consumables has approval of competent
authority as per relevant DFP.
2. Indent for capital item accompanied by a copy of updated
approval.
3. Indent is placed on prescribed form with all column duly
filled in.
4. Budget provision indicating specific head of expenditure
in the year of effective delivery is confirmed.
5. PAC/OES/OEM/SSC is furnished by competent authority
for single tender procurement.
6. BUS concurrent with indent containing information on last
three years consumption, stock position, pending
indents & P.O. and rate & source of last purchase with
P.O. reference is furnished.
7. Initial or first time procurement against replacement of
spares & capital item not to be stated as
(‘New Item’ unless it was never put to use.
8. Ordering quantity fixed in excess of average annual
consumption with due weightage on stock positioning,
indent and P.O. in live and procurement lead time
is as per justification furnished by I.O.
9. Indent for new items is properly justified by I.O. along with
the utilisation certificate.
10. Whether indigenous source development is explored i.r.o.
import of spares or capital goods.
11. High value purchase proposal contains its utilisation
programme preferably within warranty period.
Views of concerned directives on this score obtained.
12. Proposal for procurement of imported version over the
existing one is properly justified with reference to its
optimum utilisation and cost benefit aspect and availability
& trained manpower with obsolency certificate as per
authenticity delivered in manual.
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ANNEXURE-Z8
CONSOLIDATED CHECK LIST TO BE SENT BY TENDER COMMITTEE TO TAA
ALONG WITH FINAL RECOMMENDATION

Sl. Description of the activities Yes/No Remarks,


No. if any
13. Exact technical specification matched with requirement of
user section for computers and other products where
technology is fast changing is settled before issuance if
NIT and recommended, offer strictly is conformity with NIT
is confirmed.
15. Recommendation as to technical acceptance of offer
obtained from I.O./his representative in T.C.
16. Price Reasonability of single offer as PAC/OEM/OES/SSC
is analysed and commented upon.
17. Purchase proposal is placed after settlement if all deviations
in techno-commercial part of; the offer as per NIT terms.
18. Availability of surplus stock in other projects is checked
and considered in fixing the ordering quantity.
19. In case of LTE updated vendor base is considered.
20. Vendor behaviour is duly considered in recommendation
for waiver of SD and LD Clause.
21. Price implication of commercial terms and conditions of
all the offers are evaluated equal platform and
considered in the comparative statement.

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ANNEXURE-Z9

Ref : Date

Sub : Purchase of ________________________________________________________


Extension of due date of receipt of bids.

Ref: NIT No.________________________________________________ Date

1. Indent requisition No. & Date

2. Estimated value of Indent

3. Nature of Indent : Normal/Urgent

4. Recommendation of indenting department


if it is urgent

5. Enquiry No. & Date :

6. Bid Opening date

7. No. of Offers received on bid due date :

In view of poor response and also to ensure response from more bidders, thereby obtaining
competitive rates, it is proposed to extend bid receiving date by ___ days from the date
of approval.

As per clause______________of Delegation of Powers, the proposal needs kimd approval


of _________

Submitted for perusal and approval please.

Dealing Engineer

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ANNEXURE-Z10
RECOMMENDATION OF TENDER COMMITTEE (TC) FOR APPROVAL OF TAA

1. INDENT DETAILS a) Indenting Department


b) Indenting items
2. JUSTIFICATION FOR
WORKS PROCUREMENT
WITH ADMINISTRATIVE
APPROVAL (Y/N)
Schedule of Rates
LPP
3. DEPARTMENTAL BASIS Budgetary
ESTIMATES Offer/Market Rate
Order of other
Power Utilities
AMOUNT
4. TECHNICAL APPROVAL Date Authority DFP Serial Remarks, if
OF COST ESTIMATE any

5. TECHNICAL SANCTION Date Authority DFP Serial Remarks, if


any

6. FINANCIAL SANCTION Date Authority DFP Serial Remarks, if


any

7. BUDGET STATUS
8. TENDERING Date of Authority DFP Serial Remarks, if
NIT any
A. Single Tender Enquiry
(STE)
NIT details

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Other details a) OEM/OES/PSU Please Tick in the


appropriate cell
b) Source
Standardisation/
PAC
c) Emergency
d) Urgency
e) Single against
LTE
B. LIMITED TENDER Date of Authority DFP Serial
ENQUIRY (LTE) NIT

NIT DETAILS Yes/No/Response


SOURCE OF VENDOR a) Approving
Authority (Indenter)
b) No. of vendors
responded
c) From approved
vendors (Nos.)
SELECTION MODE d) From known
vendors (Nos.)
e) From
Manufacturers
(Nos.)
f) From authorised
agents/
distributors (Nos.)
g) From others (Nos.)
h) No. of rejected
bids with reasons
C. OPEN TENDER ENQUIRY Date of Authority DFP Remarks
(OTE) NIT Serial

NIT DETAILS a) Press Publication Date


b) Hoisting Date in the
Website
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Other details c) Pre-Bid discussion


Date
No. of participants
Amendments, if any
Delivery Period
Revised date of
Submission & Opening
of bid, if any
Others
TENDER TYPE & DETAILS TECHNO-COMMERCIAL EVALUATION
Single Stage Two Part, One a) Opening date
Envelop/Two Envelopes/Three b) No. of bidders participated
Envelopes/Four Envelopes c) No. and names of the
NIT compliant bidders
Strike out which is not applicable d) Rejected bids with reasons
LEVEL OF THE COMMITTEE
TENDER COMMITTEE
RECOMMENDATION
Deviations of clauses , if any Details of deviations Authority for condonation
a)
b)
c)
d)
PRICE BID EVALUATION
Opening date
Ranking
Price quoted
Evaluated Price
Percentage with
respect to DE
LEVEL OF THE
COMMITTEE
TENDER COMMITTEE
RECOMMENDATION
FOR PRICE BID
Discussion on
reasonability of price
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OTHER SALIENT TECHNO-COMMERCIAL FEATURES


Features As per NIT As per the Offer Remarks
Delivery Period/
Completion Period
Security Deposit
Liquidated Damage
Advance Payment
Terms of Payment
Validity of the Offer
Total financial involvement
including taxes and duties
Observation of Finance,
if necessary
Accepting Authority

Signature :-

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ANNEXURE-Z11

No. 26(1)/2014-MA
Government of India
Ministry of Micro, Small & Medium Enterprises
Office of Development Commissioner (MSME)
(Marketing Assistance Division)

Nirman Bhawan, New Delhi


6th November, 2015
OFFICE MEMORANDUM

Subject: Public Procurement Policy for Micro and Small Enterprises (MSEs) Order, 2012
regarding details of Procurement from MSEs.
This is with reference to Public Procurement Policy for MSEs order, 2012 which is mandatory
for all Central Ministries /Departments/PSUs w.e.f. 1st April, 2012. 20% procurement from
MSEs including 4% from MSEs owned by SC/ST entrepreneurs has also become mandatory
after preparatory period of three years since 1st April, 2015.
The procurement data are required for replying possible enquiries /questions asked by
Department related Parliamentary Standing Committee on industry and also in Parliament.
The data is also an important input for monitoring policy.
It is therefore, requested that requisite information in respect of your Ministry in the enclosed
prescribed proforma (Annexure-A) may kindly be made available to the office at an early
date.
The steps which may be useful in implementing the policy and enhancing procurement
from MSEs are given at Annexure-B.
It is also requested to kindly designate an officer as Nodal Officer for direct and speedy
monitoring the progress of the policy and details of the same may be provided.
CPSUs under control of your Ministry may kindly be instructed for strict compliance of the
policy.

Enclo: (Annexure: A & B) Sd/-


6/11/15
(U. C. Shukla)
Director (MA)
Email: umesh@dcmsme.gov.in
Telefax:011-23063363
To the Secretaries
(All Ministries/Departments)
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ANNEXURE-A

Procurement by Ministry /Department/CPSU from MSEs


[Please mention here the name of your Ministry/Department/CPSU]

Figures in Crore
Sl. Particulars Year Year Year Proposed Target
no. 2012-13 2013-14 2014-15 For the year
2015-16
I. Total annual procurement
(in value)
II. Total value of goods and
services procured from MSEs
(including MSEs owned by
SC/ST entrepreneurs)
III Total value of goods and
services procured from only
MSEs owned by SC/ST
entrepreneurs
IV %age of procurement from
MSE (including MSEs owned
by SC/ST entrepreneurs)
out of total procurement
V %age of procurement from only
MSEs owned by SC/ST
entrepreneurs out of total
procurement
VI Total number of vendor
development programmes
for MSEs

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ANNEXURE-B

Some of the steps as under may be given importance in enhancing procurement from
MSEs :-
1. The provisions of procurement policy to be incorporated in all the tenders invited by
procurement agency.
2. Organizing vendor Development Programmes / buyer seller meets / briefing meeting
for MSE Vendors.
3. In case of need of list of MSE vendor, National Small Industries Corporation and MSME-
Development Institute (a field formation of DC-MSME) may be contacted.
4. Uploading of procurement plan indicating item wise requirement on the website which
enables MSE suppliers to gear up themselves to associate with the procuring agencies.
5. Issuance of instructions to CPSUs to achieve the target of minimum procurement of
20% from MSE including 4% MSEs owed by SC/ST entrepreneurs.

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“Guidelines for implementation of Public Procurement Policy of the Govt. Of India


(GoI) for small manufacturing units registered with National Small Scale Industries
Corporation Ltd. (NSIC) - regarding”.
A new Public procurement Policy for Micro and Small Enterprises (MSE) was notified by
Ministry of MSME. DVC is implementing the Public Procurement Policy for Micro and Small
Enterprises (MSEs) to encourage participation of MSEs in tendering of DVC.
In light of above, the following orders towards purchase of goods and related services
rendered are issued with the approval of competent authority for strict compliance.
(a) Purchase Preference Policy pertains to procurement of goods and services from firms
registered with any National Small Industries Corporation, Khadi & Village Industries
Commission, District Industries Centre, Khadi & Village Industries Board or Coir Board
or Directorate of Handicrafts and Handloom or any other Body specified by Ministry
of Micro small and Medium Industries.
(b) An annual goal to be achieved for internal procurement has to be set up each year,
earmarking minimum 20% procurement from MSE sector. A further 20% within this
20% will be reserved for MSME firms owned by SC/ST entrepreneur.
(c) 358 listed items are to be procured from such registered firms only (list enclosed at
Appendix).
(d) All supply tenders for goods & related services floated by DVC will have a provision
for purchase preference in respect of MSE firms.
(e) No cost of tender or Earnest Money Deposit will be charged from registered firms.
(Already implemented in DVC).
(f) All of the above mentioned registered firms quoting rates within +15% of the L1 offer
may be offered up to 20% of the tendered quantity provided that they are willing to
match the price of L1. In case more than one MSE tenderer falling within this purview,
the total quantity of 20% may be splited amongst them proportionately. They should
also meet qualification criteria specified in the tender documents. All supply tenders
should have an enabling clause for splitting the quantities to this extent.
(g) "Performance Guarantee" is to be obtained from the successful bidder irrespective
of its registration status etc. As per terms and conditions of the Tender.
(h) For start-Up or MSME entrepreneurs the turn over and past experiences conditions
should not be made applicable subject to meeting of quality and technical specifications
in accordance with the relevant provisions of DFP, 2016.
(i) However, there may be circumstances (like procurement of items related to public
safety, health, critical security operations and equipments etc.) where procuring entities
may prefer the vendors to have prior rather than giving orders to new entities.
(j) For such procurements, wherever adequate justification exists, the procuring entities
may not relax the criteria of prior experience/turn over for the Start-Ups.
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Based on the foregoing as outlined above, the following criteria in tender documents may
also be given effect immediately in respect to MSEs firms:
Sl. No. Item Provision of MSEs firms
1. Issue of tender document free of cost Yes (Already incorporated in DVC)
2. Exemption from EMD Yes (Already incorporated in DVC)
3. Waiver of S.D. No exemption
4. Price preference up to 15% of L1 Up to 20% quantity of supply may
be offered to MSEs if they are ready
to match the L1 price.
5. Relaxation in eligibility 1. Condition for prior turn over
2. Condition for prior experience.
6. No. of items 358 no. of items are reserved/
mandatory for procurement
Exemption Certificate and Competence relating to productivity scheme may be
sought for the MSE firms who submit tenders in response to NIT.
This will valid till further order notified by DVC.
This should supersede all earlier instructions and O.M. issued, if any, on the subject matter.
This issues with the approval of the competent authority.

Appendix
LIST OF ITEMS RESERVED FOR PURCHASE FROM SMALL SCALE
INDUSTRIAL UNITS INCLUDING HANDICRAFT SECTOR.
Sl. No. Item Description
1. AAC/and ACSR Conductor upto 19 strands
2. Agricultural Implements
(a) Hand Operated tools and implements
(b) Animal driven implements
3. Air/Room Coolers
4. Aluminum builder's hardware
5. Ambulance stretcher
6. Ammeters/ohm meter/Volt meter (Electro magnetic upto Class I accuracy)
7. Anklets Web Khaki

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8. Augur (Carpenters)
9. Automobile Head Lights Assembly
10. Badges cloth embroidered and metals
11. Bags of all types i.e. made of leather, cotton, canvas and jute etc. Including kit
bags, sleeping bags and water-proof bag
12. Bandage cloth
13. Barded wire
14. Basket cane (Procurement can also be made from State Forest Corpn. And State
Handicrafts Corporation)
15. Bath tubs
16. Battery Charger
17. Battery Eliminator
18. Beam Scales (upto 1.5 tons)
19. Belt leather and straps
20. Bench Vices
21. Bituminous Paints
22. Blotting Paper
23. Bolts and Nuts
24. Bolts Sliding
25. Bone Meal
26. Boot Polish
27. Boots and Shoes of all types including canvas shoes
28. Bowls
29. Boxes Leather
30. Boxes made of metal
31. Braces
32. Brackets other than those used in Railways
33. Brass Wire
34. Brief Cases (other than moulded luggage)
35. Brooms

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36. Brushes of all types


37. Buckets of all types
38. Button of all types
39. Candle Wax Carriage
40. Cane Valves/stock valves (for water fittings only)
41. Cans metallic (for milk and measuring)
42. Canvas Products:
(a) Water Proof Deliver, Bags to spec. No. IS - 1422/70
(b) Bonnet Covers and Radiators Muff. to spec. Drg. Lv 7/NSN/IA/130295
43. Capes Cotton and Woollen
44. Capes Waterproof
45. Caster Oil
46. Ceiling roses upto 15 amps
47. Centrifugal steel plate blowers
48. Centrifugal Pumps suction and delivery 150mm x 150mm
49. Chaff Cutter Blade
50. Chains lashing
51. Chappals and sandals
52. Chamois Leather
53. Chokes for light fitting
54. Chrome Tanned leather 9Semi-finished Buffalo and Cow)
55. Circlips
56. Claw Bars and Wires
57. Cleaning Powder
58. Clinical Thermometers
59. Cloth Covers
60. Cloth Jaconet
61. Cloth Sponge
62. Coir fibre and Coir yarn
63. Coir mattress cushions and matting
64. Coir Rope hawserlaid

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65. Community Radio Receivers


66. Conduit pipes
67. Copper nail
68. Copper Napthenate
69. Copper sulphate
70. Cord Twine Maker
71. Cordage Others
72. Corrugated Paper Board and Boxes
73. Cotton Absorbent
74. Cotton Belts
75. Cotton Carries
76. Cotton Cases
77. Cotton Cord Twine
78. Cotton Hosiery
79. Cotton Packs
80. Cotton Pouches
81. Cotton Ropes
82. Cotton Singlets
83. Cotton Sling
84. Cotton Straps
85. Cotton tapes and laces
86. Cotton Wool (Non absorbent)
87. Crates Wooden and plastic
88. (a) Crucibles upto No. 200
(b) Crucibles Graphite upto No. 500
(c) Other Crucibles upto 30 kgs.
89. Cumblies and blankets
90. Curtains mosquito
91. Cutters
92. Dibutyl phthalate

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93. Diesel engines upto 15 H.P


94. Dimethyl Phthalate
95. Disinfectant Fluids
96. Distribution Board upto 15 amps
97. Domestic Electric appliances as per BIS Specifications:-
- Toaster Electric, Elect. Iron, Hot Plates, Elect. Mixer, Grinders, Room heaters
and convectors and ovens
98. Domestic (House Wiring) P.V.C. Cables and Wires (Aluminium) Conforming to
the prescribed and upto 10.00 mm sq. nominal cross section
99. Drawing and Mathematical Instruments
100. Drums and Barrels
101. Dust Bins
102. Dust Shield leather
103. Dusters Cotton all types except the itmes required in Khadi
104. Dyes:
(a) Azo Dyes (Direct and Acid)
(b) Basic Dyes
105. Electric Call bells / buzzers / door bells
106. Electric Soldering Iron
107. Electric Transmission Line Hardware items like steel cross bars, cross arms clamps
arching horn, brackets etc.
108. Electronic door bell
109. Emergency Light (Rechargeable type)
110. Enamel Wares and Enamel Utensils
111. Equipment camouflage Bamboo support
112. Exhaust Muffler
113. Expanded Metal
114. Eyelets
115. Film Polythene - including wide width film
116. Film spools and cans
117. Fire Extinguishers (wall type)

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118. Foot Powder


119. French polish
120. Funnels
121. Fuse Cut outs
122. Fuse Unit
123. Garments (excluding supply from Indian Ordnance Factories)
124. Gas mantels
125. Gauze cloth
126. Gauze surgical all types
127. Ghamellas (Tasllas)
128. Glass Ampules
129. Glass and Pressed Wares
130. Glue
131. Grease Nipples and Grease guns
132. Gun cases
133. Gun Metal Bushes
134. Gumtape
135. Hand dran carts of all types
136. Hand gloves of all types
137. Hand Lamps Railways
138. Hand numbering machine
139. Hand Pounded Rice (polished and unpolished)
140. Hand presses
141. Hand Pump
142. Hand Tools of all type
143. Handles wooden and bamboo (Procurement can also be made from State Forest
Corpn. And State Handicrafts Corporation)
144. Harness Leather
145. Hasps and Staples
146. Haver Snacks
147. Helmet Non-Metallic
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148. Hide and country leather of all types


149. Hinges
150. Hob nails
151. Holdall
152. Honey
153. Horse and Mule Shoes
154. Hydraulic Jacks below 30 ton capacity
155. Insecticides Dust and Sprayers (Manual only)
156. Invalid wheeled chairs
157. Invertor domestic type upto 5 KVA
158. Iron (dhobi)
159. Key board wooden
160. Kit Boxes
161. Kodali
162. Lace leather
163. Lamp holders
164. Lamp Singal
165. Lanterns Post and bodies
166. Lanyard
167. Latex foam sponge
168. Lathies
169. Letter Boxes
170. Lighting Arresters - upto 22 kv
171. Link Clip
172. Linseed Oil
173. Lint Plain
174. Lockers
175. Lubricators
176. L.T. Porcelain KITKAT and Fuse Grips
177. Machine Screws

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178. Magnesium Sulphate


179. Mallet Wooden
180. Manhole covers
181. Measuring Tapes and Sticks
182. Metal clad switches (upto 30 Amps)
183. Metal Polish
184. Metallic containers and drum other than N.E.C. (Not elsewhere classified)
185. Metric weights
186. Microscope for normal medical use
187. Miniature bulbs (for torches only)
188. M.S. Tie Bars
189. Nail Cutters
190. Naphthalene Balls
191. Newar
192. Nickel Sulphate
193. Nylon Stocking
194. Nylon Tapes and Laces
195. Oil Bound Distemper
196. Oil Stoves (Wick Stoves only)
197. Pad locks of all types
198. Paint remover
199. Palma Rosa Oil
200. Palmagur
201. Pan Lavatory Flush
202. Paper conversion products - paper bags, envelops, Ice-cream cup, paper cup and
saucers and paper Plates
203. Paper Tapes (Gummed)
204. Pappads
205. Pickles and Chutney
206. Piles fabric
207. Pillows
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208. Plaster of Paris


209. Plastic Blow Moulded Containers upto 20 liters excluding Poly
Ethylene Terphthalate (PET) Containers
210. Plastic cane
211. Playing Cards
212. Plugs and Sockets electric upto 15 Amp
213. Polythene bags
214. Polythene Pipes
215. Post Picket (Wooden)
216. Postal Lead seals
217. Potassium Nitrate
218. Pouches
219. Pressure Die Casting upto 0.75 kg
220. Privy Pans
221. Pulley wire
222. PVC footwears
223. PVC pipes upto 110 mm
224. PVC Insulated Aluminum Cables ( upto 120 sq. mm ) (ISS:694)
225. Quilts, Razais
226. Rags
227. Railway Carriage light fittings
228. Rakes Ballast
229. Razors
230. RCC Pipes upto 1200 mm. dia
231. RCC Poles Prestressed
232. Rivets of all types
233. Rolling Shutters
234. Roof light Fittings
235. Rubber Balloons
236. Rubber cord

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237. Rubber hoses (Unbranded)


238. Rubber Tubing (Excluding braided tubing)
239. Rubberised Garments Cap and caps etc
240. Rust/Scale Removing composition
241. Safe meat and milk
242. Safety matches
243. Safety Pins (and other similar products like paper pins, staples pins etc.)
244. Sanitary Plumbing fittings
245. Sanitary Towels
246. Scientific Laboratory glass wares (Barring sophisticated items )
247. Scissors cutting (ordinary )
248. Screws of all types including High Tensile
249. Sheep skin all types
250. Shellac
251. Shoe laces
252. Shovels
253. Sign Boards painted
254. Silk ribbon
255. Silk Webbing
256. Skiboots and shoes
257. Sluice Valves
258. Snapfastner (Excluding 4 pcs. Ones )
259. Soap Carbolic
260. Soap Curd
261. Soap Liquid
262. Soap Soft
263. Soap washing or laundary soap
264. Soap Yellow
265. Socket/pipes
266. Sodium Nitrate

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267. Sodium Silicate


268. Sole leather
269. Spectacle frames
270. Spiked boot
271. Sports shoes made out of leather (for all sports games)
272. Squirrel Cage Induction Motors upto and including 100 KW440
273. Stapling machine
274. Steel Almirah
275. Steel beds stead
276. Steel Chairs
277. Steel desks
278. Steel racks/shelf
279. Steel stools
280. Steel trunks
281. Steel wool
282. Steel and aluminium windows and ventilators
283. Stockinet
284. Stone and stone quarry rollers
285. Stoneware jars
286. Stranded wire
287. Street light fittings
288. Student microscope
289. Studs (excluding high tensile)
290. Surgical Gloves (Expect Plastic)
291. Table Knives (Excluding Cutlery)
292. Tack Metallic
293. Taps
294. Tarpaulins
295. Teak fabricated round blocks
296. Tent Poles

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297. Tentage Civil/Military and Salitah Jute for Tentage


298. Textiles manufactures other than N.E.C (not elsewhere classified)
299. Tiles
300. Tin Boxes for postage stamp
301. Tin can unprinted upto 4 gallons capacity (other than O.T.S)
302. Tin Mess
303. Tip Boots
304. Toggle Switches
305. Toilet Rolls
306. Transformer type welding sets conforming to IS:1291/75 (upto 600 amps)
307. Transistor Radio upto 3 band
308. Transistorised Insulation - Testers
309. Trays
310. Trays for postal use
311. Trolley
312. Trollies - drinking water
313. Tubular Poles
314. Tyres and Tubes (Cycles)
315. Umbrellas
316. Utensils all types
317. Valves Metallic
318. Varnish Black Japan
319. Voltage Stablisers including C.V.T's
320. Washers all types
321. Water Proof Covers
322. Water Proof paper
323. Water tanks upto 15,000 liters capacity
324. Wax sealing
325. Waxed paper
326. Weighing Scale

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327. Welded wire mash


328. Wheel barrows
329. Whistle
330. Wicks cotton
331. Wing Shield Wipers (Arms and Blades only)
332. Wire brushes and Fibre Brushes
333. Wire Fencing and Fittings
334. Wire nails and Horse shoe nails
335. Wire nettings of gauze thicker than 100 mesh size
336. Wood Wool
337. Wooden ammunition boxes
338. Wooden Boards
339. Wooden Box for Stamps
340. Wooden Boxes and cases N.E.C. (Not elsewhere classified)
341. Wooden chairs
342. Wooden Flush Door Shutters
343. Wooden packing cases all sizes
344. Wooden pins
345. Wooden plugs
346. Wooden shelves
347. Wooden veneers
348. Woolen hosiery
349. Zinc Sulphate
350. Zip Fasteners

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HANDICRAFT ITEMS

SL. No. Item Description Source of Supply


351. Cane furniture North Eastern Handicrafts and
Handlooms
Development Corporation Assam Govt.
Marketing Corpn. Craft Society of
Manipur Nagaland Handicrafts and
Handlooms Development Corpn.
352. Bamboo file tray, -do-
Baskets, Pencil stand,
Side racks etc.
353. Artistic Wooden Furniture Rajasthan Small Industries Corpn., U.P.
Export Corporation.
354. Wooden paper weight, -do-
racks etc.
355. Glass covers made of wood -do-
and grass jute
356. Jute furniture West Bengal Handicrafts Dev. Corpn.
Jute Mfg. Development Corporation
Orissa state Handicrafts Dev. Corpn.
357. Jute bags, file cover -do-
358. Woolen and silk carpets U.P. Export Corporation J and K Sale
And Export Corporation

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RFQ No : Dated:……20…

FORM - A
(To be submitted on Supplier’s Letter Head)
Format for Acceptance of Commercial Terms, General Terms and Conditions and all
other Terms of the RFQ

We _____________________________________________________________
(Supplier Name)
having registered office at ___________________________________________
(address)
agree to all the Commercial, General & other Terms & Conditions listed in the
RFQ No._____________________________________________
dated___________________________________________
for procurement of ______________________________ (item) through Reverse Auction.

We confirm that we are in a position to supply material and complete the job as per the
specifications given in RFQ. We have also understood the Reverse Auction Process and
the Reverse Auction rules and special instructions given in the RFQ. We agree to participate
in the Reverse Auction and abide by the rules.
We nominate an executive, whose details are given below, to put the bids on our behalf.
The details of the person authorized to bid on our behalf are as follows.

Name & Designation:


e-mail ID :
Contact Phone Nos:
Address :

(Signature & Seal)

Place:
Date
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2016 Page 367

RFQ No : Dated:……20…

Format for Taxes and Duties


Please use this sheet to specify the Excise duty, Sales Taxes & other duties.

1. Excise Duty (ED): Applicable/ Not applicable


2. Present ED rate, if applicable ( Education Cess)
3. Tariff number
4. Excise Registration Number

5. Taxes Applicable
VAT/ Concessional Sales Tax, Service Tax
For Full rate of Sales Tax /
Other Taxes And Duties Applicable (Percent)
Plant/ VAT (Percent)
Unit IN FIGURES IN WORDS DESCRIPTION IN FIGURES IN WORDS

6. Please indicate the following numbers applicable for your company.


VAT Registration No.: _________________________________
Central Sales Tax Registration No: ________________________________
Other taxes Registration No. : _________________________________
TIN (Tax Payer’s Identification No.) : ________________________________
Excise Registration Number: : ________________________________

(Signature & Seal)


Name :
Designation :
Place :
Date :
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2016 Page 368

RFQ No : Dated:……20…

FORMAT FOR BASIC INFORMATION ABOUT THE VENDOR


RFQ Number:_________________________Date:______________
Instructions to fill up the Basic Information:
(i) Please use this worksheet to specify basic financial/ IR/ Contact information; an
authorized person should sign the document at relevant section.
(ii) Past Industrial Relations track record, please mention if there was closure/ cessation
of work at any of your plant(s) in the last 5 years.
(iii) Use this form as Proforma/Format. Use additional sheets to provide relevant information.
(iv) Provide all the certified relevant documents w.r.t claims made in this Form.
1 Company’s Name
2 Ownership Details
3 Manufacturer/ Distributor/ Dealer
4 Mention, if PSU/ Joint venture with PSU/ SSI Unit
5 In case of PSU – Central PSU or state Govt. PSU
6 In case of a Joint Venture, details of % wise equity holding
7 SSI Unit details, if applicable
8 ISO Status
9 Whether product is ISI Marked or as per ISI
10 Contact Person & Designation
11 Phone No./ Mobile No.
12 Fax No.
13 E-mail
14 Financial details of Turnover & profit for the last 3 years
15 Major Manufacturing Capabilities
Sr. Name Installed Capacity Present level Order booking
No. & Address Capacities Utilized FY1 FY2 FY3

16 The year of inception of the company/ business


17 Stocking points
Name & Address of your bank, Bank Account No, Type of Account, Branch Code, Name
of the branch, Income Tax Permanent Account No (PAN) & Place of Issue.
I hereby certify that all information provided above is correct to the best of my knowledge.
(Signature, name & seal of the authorized person)
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2016 Page 369

FORM – D
PRICE FORMAT (item wise Price Break up)
(Item wise price breakup to be submitted by the successful tenderer after completion
of RA)

To
……………..
……………..
Fax:
Ph. No.:
e-mail Id:
PRICE FORMAT
Type & Rate of
Total
Applicable
Basic Total Taxes (indicate Price
Unit Basic whether Freight & (FOR -
Sl.
No. Description Unit Quantity P & F applicable tax is Destin
Price Price ED/Full rate of insurance ation
(in Rs.) (in Rs.) SCT/VAT/Servic basis)
e Tax/any other
(in Rs.)
tax)
Supply of As
Material [as per
1. Technical indicated
Specification] in TS

Installation & As
Commissioning Lump
2. [as per Technical Sum indicated
Specification] in TS

TOTAL LANDED COST :

Total price in words : Signature & name :


Designation :
Date :

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FORM – E
PROFORMA FOR BANK GAURANTEE FOR EARNEST MONEY DEPOSIT (Bid Security)
BID SECURITY BANK GUARANTEE
(To be executed on Non-Judicial Stamp Paper of appropriate value)
...............................................................................................……… (Name of the Bank)

Address.......................................................................
…………………….............................................................
Guarantee No. .......................................
A/c Messrs............................................................................................... (Name of Bidder)

Date of Expiry........................................
Limit to liability (currency & amount) ..................................................................................

Invitation For Bid No. ......................................................... dated


......................
For...................................................................................................... (Name of
Facilities)
Subject : Bid Security Bank Guarantee

To
.......................................................
Damodar Valley Corporation
.......................................................
.......................................................
[Name and Address of Employer]
Dear Sir,
In consideration of the ___________ (Name of Employer) (hereinafter called “Employer”)
which expression shall unless repugnant to the subject or context include his successors
and assigns having agreed to exempt M/s ___________ (hereinafter called “Bidder”) from
demand under the terms & conditions of the tender (hereinafter called the said “Bidding
Document”) issued by the Employer vide No. ________ for the works _______ (Name of
the Facilities) from deposit of Bid Security in the form of Demand draft/ cheque for the
due fulfilment by the Bidder of the terms and conditions contained in the said Bidding
Document including any amendments thereto on production of Bank Guarantee for Rs. /
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_______ (Rupees / or equivalent amount in any freely convertible foreign currency)


(________ only) (figure in words).
1. We ............................................ (Name of the Bank) do hereby expressly irrevocably
and unreservedly undertake to unconditionally pay to you merely on your written demand,
without referring it to the contractor and without protest and demur an amount not exceeding
.................................
(currency and amount). Any such demand made on us shall be conclusive as regards the
amount due and payable by us under this guarantee. However, our liability under this
guarantee shall be restricted to an amount not exceeding .......................
2. Notwithstanding anything to the contrary we agree that your decision as to whether the
Contractor has committed a breach of any terms and conditions of the contract shall be
final and binding on us and we shall not be entitled to ask you to establish your claim or
claims under this Guarantee but shall pay the same forthwith without any objection or
excuse.
3. We undertake to pay to you any money so demanded notwithstanding any dispute or
disputes raised by the Contractor(s) / supplier(s) in any suit or proceeding pending before
any court or Tribunal or arbitration relating thereto, our liability under these presents being
absolute and unequivocal.
The payment so made by us under this Guarantee shall be a valid discharge of our liability
for payment thereunder.
4. This guarantee shall come into force from the date of issue of this guarantee and shall
remain irrevocably valid and in force initially upto ______________ unless a demand or
claim under this guarantee is made on us in writing on or before _______________ we
shall be discharged from all liability under this guarantee.
5. We _______________ Bank Ltd. further agree with you that you 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 Bidding Document and we shall not be
relieved from our liability by reason of any such variation.
6. It shall not be necessary for the Employer to proceed against the Bidder before proceeding
against the Bank and the Guarantee herein contained shall be enforceable against the
Bank, notwithstanding any security which Employer may have obtained from the Bidder
at this time when proceedings are taken against Bank hereunder be outstanding or unrealised.
7. We _______________ Bank Ltd. further undertake to unconditionally pay the amount
claimed by the Employer merely on demand and without protest or demur to the extent
aforesaid.

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8. Notwithstanding anything contained herein before our liability under this guarantee is
restricted upto a sum ............. (currency and amount) and shall expire on ............. unless
a claim or demand is made on us in writing within the three months of expiry date all your
rights shall be forfeited and we shall stand relieved and discharged from our liabilities
hereunder.
9. We, the said Bank lastly undertake not to revoke this guarantee during its currency
except with the previous consent of the Employer in writing and agree that any change in
the constitution of the Employer or the Bidder or the said Bank shall not discharge our
liability hereunder dated ________ day of ___________ 20…. _______ for
__________________________ Bank Ltd.

Yours faithfully
For ..........................................
(Name of the Bank)

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No. HQ/ED/(C&M)/W&PM/820 Dated : 31.01.2017

Sub: Constitution of QR Committee & Tender Committee.


It has been observed that a significant time is being taken in formation of Qualifying Requirement
(QR) Committee/Tender Committee (TC)/Tender Opening Committee (TOC) and submitting
the reports, ultimately resulting in delay in finalization of the contracts.
In order to minimise this time, it is hereby emphasized that the QR Committee, TC & TOC will
henceforth be constituted by Chief Engineer (C&M)/C&M Head of respective field formations
itself.
The intending section shall invariably provide the names of the members of QR Committee,
TC & TOC along with the indent for the respective tenders. The nomination of Finance
representative shall be obtained over phone from GM (Finance)/Finance Head of respective
field formation. Level of the committee members will, however, be as per W&P Manual - 2016.
All the Committee reports shall strictly be finalised within the time frame as stipulated in the
W & P Manual.
All concerned shall ensure compliance of the above.
This issue with approval of the Chairman.
Sd/-
Executive Director (C&M)
Distribution : Copy to :
1) The ED (Commercial), DVC, Kolkata 1) The Member-Secretary, DVC, Kolkata
2) The ED (Operation), DVC, Kolkata 2) The Member (Technical), DVC, Kolkata
3) The Addl. Secretary, DVC, Kolkata 3) The Member (Finance), DVC, Kolkata
4) The ED (Project), DVC, Kolkata
5) The ED (Fuel), DVC, Kolkata
6) The ED (System), DVC, Kolkata
7) The ED (HR), DVC, Kolkata
8) The DHS, DVC, Kolkata
9) The CE & HOP, BTPS, DVC, Bokaro
10) The CE & HOP, CTPS, DVC, Chandrapura
11) The CE & HOP, MTPS, DVC, Mejia
12) The CE & HOP, RTPS, DVC, Raghunathpur
13) The CE & HOP, DTPS, Durgapur
14) The CE & HOP, KTPS, Koderma
15) The CE & HOP, DSTPS, Andal
16) The CE & HOP, DVC, Maithon
17) The CE & HOP, DVC, Panchet
18) The DCE (M), Chirman's Office, DVC, Kolkata
W&P Manual – 2016

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