Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
(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)
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.
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.
3. Executive shall build their professional reputation on the merit of their services and
shall not compete unfairly with others.
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.
CONTENT
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
SECTION-I
GENERAL
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.
SECTION-II
ESTIMATE
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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SECTION-III
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).
SECTION-IV
E- TENDERING
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.
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.
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
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.
SECTION-V
TENDER METHODOLOGY
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.
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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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.
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 -
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
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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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.
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.
SECTION-VI
REVERSE E-AUCTION
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.
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.
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.
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.
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
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.
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.
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.
SECTION-VII
QUALIFYING REQUIREMENTS
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.
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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WORKS & PROCUREMENT MANUAL Sec-VII
2016 Page 57
(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'.
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.
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.
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
MOM OF QR COMMITTEE TO
MEMBER FOR APPROVAL
SECTION-VIII
TENDER DOCUMENTS
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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2016 Page 70
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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WORKS & PROCUREMENT MANUAL Sec-VIII
2016 Page 71
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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2016 Page 75
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)
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
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.
"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:
(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.
SECTION-IX
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)
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).
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
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,
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
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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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:
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.
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.
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:
SECTION-X
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
(Post - Qualification Methodology i.e. through EOI or two stage bidding Process)
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
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
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
Administrative
Tender Document
Approval
(5 days)
(Zero Date)
Total 19 Days
SECTION-XI
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
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.
W&P Manual – 2016
DAMODAR VALLEY CORPORATION
WORKS & PROCUREMENT MANUAL Sec-XI
2016 Page 131
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.
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.
SECTION-XII
VENDOR REGISTRATION
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.
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.
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.
Organisational 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
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
Organisational Information
4.0 Registration Particulars
(Furnish details and enclose copy of Certificate for the following)
4.1 Permanent Account No
Engineering
Manufacturing Quality
Commercial /Service
After Sales
Others
Total
Organisational Information
6.0 Other Particulars:
(Furnish details and enclose documentary evidence/ Copy of Certificate for the following)
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)
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
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
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
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)
(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.
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.
TECHNICAL COMPETENCE
QUALITY SYSTEM:
REGISTRATION CRITERIA:
Note: This check list is to be attached with the filled up Vendor Registration Form.
W&P Manual – 2016
DAMODAR VALLEY CORPORATION
WORKS & PROCUREMENT MANUAL Sec-XII
2016 Page 161
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.
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
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.
SECTION-XIII
PERFORMANCE EVALUATION
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.
SECTION-XIV
VENDOR REMOVAL
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:
(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
(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.
SECTION-XV
NIT FORMAT
E-mail : ............................................
FAX : ............................................
Phone :...........................................
Tender No. ........................................ Dated : ................................
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
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
W&P Manual – 2016
DAMODAR VALLEY CORPORATION
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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.
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.
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.
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.
SECTION-XVI
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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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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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.
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
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
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/
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.
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
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.
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.
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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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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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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2016 Page 238
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.
(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.
(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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2016 Page 244
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
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
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.
SECTION-XVII
ANNEXURES
SECTION-XVII: ANNEXURES
ANNEXURE - A
(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
14. Packing & Forwarding (if any) : ……....% on quoted EX-WORKS price/NA.
or (lump sum) on actuals against doc. evidence or free delivery at consignee store.
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.) ? : ….……….
23. Any other Statutory Taxes or Duties : Extra as applicable at the time of delivery, if
any / not applicable.
DATE :
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).
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)
VII. Type test charge, including any taxes and duties, if any : ……………………………
VIII. 3rd Party Inspection Charge as per QAP including taxes & duties, if any : ………….……...
XI. Statutory Taxes & Duties as applicable on item described at Sl. No. (ix) : …………
DATE :
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.
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”.
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.
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.
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.
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.)
Enclosure :-
Yours faithfully,
** This format is for items procured from manufacturer only. FOR non-manufacturer vendor,
all- inclusive FOR-D price to be indicated in PO.
ANNEXURE – G
DAMODAR VALLEY CORPORATION
NAME OF THE PLANT :……………………………………
ADDRESS :……………………………………………………
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.
ANNEXURE – H
DAMODAR VALLEY CORPORATION
NAME OF THE PLANT :……………………………………
ADDRESS :……………………………………………………
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.
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.
ANNEXURE – I
DAMODAR VALLEY CORPORATION
NAME OF THE PLANT :……………………………………
ADDRESS :……………………………………………………
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.
ANNEXURE – J
REQUEST TO INDENTING OFFICER FOR NO DEMAND CERTIFICATE TO RELEASE BG
OF .....................................................................................................................PLACED ON
M/S. ..................................................................................................................................................
(COPY ENCLOSED)
ANNEXURE – K
NO DEMAND CERTIFICATE TO RELEASE BG
DATED ...............................................
...............................................................................
ANNEXURE – L
RELEASE OF SECURITY DEPOSIT – BANK GUARANTEE
THE ORDER, YOU ARE, THEREFORE, REQUESTED TO RELEASE THE SDBG AGAINST
THE ABOVE PURCHASE ORDER IMMEDIATELY.
ANNEXURE – M
DAMODAR VALLEY CORPORATION
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)?
(on non-judicial stamp paper of appropriate value to be purchased in the name of the Bank).
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.
ANNEXURE-N
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.
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)
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.
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:
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.
(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)
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)
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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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.
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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ANNEXURE-S
VENDOR’S NAME :
P.O. NO./CONTRACT NO. : DATE :
INSPECTOR’S NAME & DESIGNATION : INSPECTED ON………(Date)
SIGNATURE :
NAME :
DESIGNATION :
ADDRESS OF PLANT :
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ANNEXURE-T
INSPECTION REPORT
(ENCLOSE SEPARATE SHEETS, IF REQUIRED)
4. ITEM DESCRIPTION :
5. DATE OF INSPECTION :
6. PLACE OF INSPECTION :
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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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:
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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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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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
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.
1. 1.
2. 2.
SCHEDULE - (I)
SCHEDULE - (II)
ANNEXURE – W
List of Commercial Banks as per RBI (Source RBI Website dt. 08-06-2012
ANNEXURE-X
PROFORMA OF BANK GUARANTEE FOR ADDITIONAL CONTRACT PERFORMANCE
GUARANTEE
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...................
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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WORKS & PROCUREMENT MANUAL Sec-XVII
2016 Page 301
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.
W&P Manual – 2016
DAMODAR VALLEY CORPORATION
WORKS & PROCUREMENT MANUAL Sec-XVII
2016 Page 302
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.
W&P Manual – 2016
DAMODAR VALLEY CORPORATION
WORKS & PROCUREMENT MANUAL Sec-XVII
2016 Page 303
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.
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.
Witness 1:
(Name & Address)
Witness 2:
(Name & Address)
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:
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:
2.
3.
4.
5.
This is to certify further that Amendment No. ........................... dated ................ is the last
Amendment issued.
Date :
Signature………………. Place: Name…………………..
Designation…………….
ANNEXURE – I.2
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.
Date :
Signature………………. Place: Name…………………..
Designation…………….
ANNEXURE – I.3
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.
Date :
Signature………………. Place: Name…………………..
Designation…………….
ANNEXURE – I.4
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.
Date :
Signature………………. Place : Name…………………..
Designation…………….
ANNEXURE – I.5
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…………….
ANNEXURE – I.6
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).
Date :
Signature………………. Place: Name…………………..
Designation…………….
ANNEXURE – I.7
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…………….
ANNEXURE – I.8
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…………….
Date :
Signature………………. Place: Name…………………..
Designation…………….
ANNEXURE – I.9
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…………….
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.
ANNEXURE-I.10
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…………….
ANNEXURE-I.11
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
ANNEXURE-I.12
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…………….
ANNEXURE-I.13
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…………….
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
W&P Manual – 2016
DAMODAR VALLEY CORPORATION
WORKS & PROCUREMENT MANUAL Sec-XVII
2016 Page 325
ANNEXURE-1.2
Dated:
Signature and Seal of Notary
W&P Manual – 2016
DAMODAR VALLEY CORPORATION
WORKS & PROCUREMENT MANUAL Sec-XVII
2016 Page 326
ANNEXURE-1.3
TECHNICAL PARAMETER SHEET
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
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
ANNEXURE-1.5
(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
ANNEXURE-1.6
POWER OF ATTORNEY
(IN CASE OF JOINT VENTURE/ASSOCIATES)
Witness:
2)
Signed for and on behalf of
Name:
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.
Thanking you
Yours faithfully
…………………...............................
<Signature of the Attesting Authority of the Company>
Notarized by
…………………
…………………
…………………
Stamp
ANNEXURE-Z1
INDENT FOR PROCUREMENT/WORKS
(Complete In all respect)
ANNEXURE-Z1
INDENT FOR PROCUREMENT/WORKS
(Complete In all respect)
ANNEXURE-Z2
3. Indenter :
6. Estimated Cost :
Member Level :
8. TAA :
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)
Signature:__________________________
(Not below SE)
Seal:_______________________________
ANNEXURE-Z4
LETTER HEAD
FULL ADDRESS:
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 :
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 :
ANNEXURE-Z5
_________________________________Station/Corporate Office
M/s_______________________________
----------------------------------------------------------------------------------------------------------------------
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ANNEXURE-Z6
PRE-ENQUIRY ACTIVITIES (BY TIA) – CHECK-LIST
ANNEXURE-Z7
PREPARATION OF TENDER ENQUIRIES CHECK LIST (BY TIA)
ANNEXURE-Z8
CONSOLIDATED CHECK LIST TO BE SENT BY TENDER COMMITTEE TO TAA
ALONG WITH FINAL RECOMMENDATION
ANNEXURE-Z8
CONSOLIDATED CHECK LIST TO BE SENT BY TENDER COMMITTEE TO TAA
ALONG WITH FINAL RECOMMENDATION
ANNEXURE-Z9
Ref : 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.
Dealing Engineer
ANNEXURE-Z10
RECOMMENDATION OF TENDER COMMITTEE (TC) FOR APPROVAL OF TAA
7. BUDGET STATUS
8. TENDERING Date of Authority DFP Serial Remarks, if
NIT any
A. Single Tender Enquiry
(STE)
NIT details
Signature :-
ANNEXURE-Z11
No. 26(1)/2014-MA
Government of India
Ministry of Micro, Small & Medium Enterprises
Office of Development Commissioner (MSME)
(Marketing Assistance Division)
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.
ANNEXURE-A
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
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.
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
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
HANDICRAFT ITEMS
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.
Place:
Date
W&P Manual – 2016
DAMODAR VALLEY CORPORATION
WORKS & PROCUREMENT MANUAL Sec-XVII
2016 Page 367
RFQ No : Dated:……20…
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
RFQ No : Dated:……20…
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
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) ..................................................................................
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. /
W&P Manual – 2016
DAMODAR VALLEY CORPORATION
WORKS & PROCUREMENT MANUAL Sec-XVII
2016 Page 371
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)