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					                            DAMODAR VALLEY CORPORATION
                          MATERIALS MANAGEMENT DEPARTMENT
                           DVC TOWERS: VIP ROAD: KOLKATA-54


No. CP/ Hire Car (AC / Non-AC)/2009 – 10                   Dated :    June, 2009.

The Chief Public Relation Officer,
DVC, DVC Towers,
Kolkata-54.


Sub: Advertisement in Newspaper / I.T.J.

Ref : (1) NIT No. CP/ Hire Car/AC/2009 – 10
      (2) NIT No. CP/ Hire Car/Non AC/2009 – 10

Dear Sir,

With reference to above, you are requested to kindly arrange for publication of the enclosed
Tender Notices in National Newspaper / I.T.J. as per Annexure-A.


Yours faithfully,



( B. Mookherjee )
CHIEF PURCHASE OFFICER


Enclo: As stated above.

Copy to :

   (1) The Addl.Secretary, DVC Towers, DVC, Kolkata-54.
   (2) The JFA (W) & HOO, DVC Towers, 6th Floor, DVC, Kolkata.
   (3) The Sr. Admn. Officer (MM), DVC, Kolkata-54.
   (4) The Cash Section, CAO‟s Office, DVC, Kolkata-54.
                                                                                       ANNEXURE – A



                               DAMODAR VALLEY CORPORATION
                             MATERIALS MANAGEMENT DEPARTMENT
                              DVC TOWERS: VIP ROAD: KOLKATA-54

For and on behalf of DAMODAR VALLEY CORPORATION, Sealed Tenders (Technical and
Commercial forming one part, prices forming other part and another part for Earnest Money) in
duplicate are invited from the experience Transport Contractor by the Chief Purchase Officer, DVC,
DVC Towers, VIP Road, Kolkata-700 054 for hiring contract of vehicle as mentioned below :-

Sl.    Items / No.    NIT No.         Cost of     Earnest       Tender        Last date of       Date of
No.         of                        Tender      Money         Selling      submission of     opening of
      Requirement                   documents      (Rs.).       Period           bids.          Techno-
        of vehicle                    ( Rs.)                                                   commercial
                                                                                                  bids.
1.    AC Car -        CP/ Hire          750/-    1,15,000,/   22.06.2009     27.07.2009       27.07.2009
      8(eight)        Car/AC/                    -            to             (up to 11        (at 11-30
      Nos.            2009 –10                                22.07.2009     a.m.)            a.m.)
                                                              ( Upto 3.0
                                                              p.m. )


2.    Non AC Car      CP/ Hire          750/-    1,23,100/-    22.06.2009    28.07.2009       28.07.2009
      - 17            Car/ Non-                                     to       (up to 11         (at 11-30
      (Seventeen)     AC /2009                                 22.07.2009    a.m.)               a.m.)
      Nos.            -10                                     ( Upto 3.0
                                                              p.m. )


Bidders may please note that no corrigendum / alteration / addendum etc. with respect to these NITs
will be published in Newspaper. However, corrigendum / alteration / addendum etc, if required, will be
hoisted in DVC website. For this, bidders are requested to visit DVC website regularly till the opening
of this NIT.

For detailed NIT please visit at                   :        www.dvc.gov.in
The detailed NIT is also available at              :        www.dvctender.com




                                                                          (B.Mookherjee )
                                                                   CHIEF PURCHASE OFFICER
                                  DAMODAR VALLEY CORPORATION
                              MATERIALS MANAGEMENT DEPARTMENT
                               DVC TOWERS: VIP ROAD: KOLKATA-54

Sealed tender in duplicate are invited from the experienced Transport Contractor by the Chief
Purchase Officer, DVC, DVC Towers, VIP Road, Kolkata-700 054 for Service Contract of hiring of
vehicle as mentioned below :-

 Sl.     Items / No.    NIT No.       Cost of       Earnest        Tender      Last date of      Date of
 No.          of                      Tender        Money          Selling     submission      opening of
        Requirement                 documents        (Rs.).        Period        of bids.       Techno-
          of vehicle                  ( Rs.)                                                   commercial
                                                                                                  bids.
 1.     AC Car -        CP/ Hire       750/-       1,15,000/-   22.06.2009     27.07.2009     27.07.2009
        8(eight) Nos.   Car/AC/                                 to             (up to 11      (at 11-30
                        2009 –10                                22.07.2009     a.m.)          a.m.)
        (Details                                                ( Upto 03.00
        requirement                                             p.m. )
        has been
        mentioned
        in the
        Special
        Conditions
        of Contract)



01     Non-transferable tender documents and detailed specification may be obtained from the office of
       the Chief Purchase Officer, DVC, DVC Towers, VIP Road, Kolkata-700 054 on all working days
       of DVC (upto 3.00 p.m.) except holiday against cash receipt of tender value mentioned above
       from Accounts Department, DVC, DVC Towers, VIP Road, Kolkata-54 or Bank Draft payable at
       Kolkata in favour of „Chief Accounts Officer, DVC, Kolkata-54‟. Money Order, Postal Order,
       Cheque or any other form of Payment, other than what is mentioned above, will not be accepted
       towards cost of tender document. The money paid against the value of tender document will not
       be refunded on any account whatsoever.

02     Tender documents can also be downloaded from our website (www.dvc.gov.in /
       www.dvctender.com). However, the bidders must enclose a bank draft (payable in favour of
       „CHIEF ACCOUNTS OFFICER, DVC, KOLKATA-54‟) payable at Kolkata of value equal to the
       cost of tender documents as indicated while submitting the offer, failing which the tender will not
       be considered. Money Order, Postal Order, Cheque or any other form of Payment, other than
       what is mentioned above, will not be accepted towards cost of tender documents. In case the
       tender document is not getting downloaded from the website due to any reason, tenderers are
       advised to obtain the tender document from the office of the Chief Purchase Officer, DVC, DVC
       Towers, VIP Road, Kolkata-700 054. Under no circumstances on this account the tender
       opening date shall be extended.

03.    In case the Tenderer wishes to obtain tender document by post, the cost of the tender document
       mentioned above plus a sum of Rs.100/-(Rupees One hundred) as the cost of postal charge only
       should be sent by Bank Draft payable at Kolkata in favour of „Chief Accounts Officer, DVC,
       Kolkata-54‟ and should furnish their full postal address. Money Order, Postal Order, Cheque or
       any other form of Payment, other than what is mentioned above, will not be accepted. After
       receipt of the remittance, the Chief Purchase Officer shall send the tender documents by post to
       the Tenderer. The Damodar Valley Corporation takes no responsibility for delay, loss, damage or
       non-receipt of tender documents sent by post.


                                                                                              Contd….P/2
                                             (       2       )

04.   DVC will not accept any liability for delay in receipt or non-delivery of tender forms despatched by
      post.

05.   Tenders should be dropped in the TENDER BOX kept in the office of Chief Purchase Officer
      positively within 11-00 a.m. on or before date of opening and will be opened on the date of
      opening at 11-30 a.m. Authorized representative of the firms may attend the opening, if so
      desired. If it is declared a holiday by DVC or any unforeseen situation arrives due to local strike
      /bandh, then opening will be done on next working day. The offers should have validity for
      acceptance for at least 90 (ninety) days from the date of opening. If the tenders are to be
      submitted by hand the same to be dropped in the TENDER BOX as mentioned above. In case
      any difficulties faced by the tenderers in submitting the tender within the specified date and time,
      the following two officers may be contacted.

      a) Shri P . K Saha, Sr. Administrative Officer, MM Department.
      b) Shri A. Pal, Engineering Assistant(M), MM Department.

06.   DVC reserves the right to reject any or all the tenders or to split up and award the tender to more
      than one tenderer without assigning any reason thereof.

07.   Self certified xerox copies of all relevant documents, wherever needed to be enclosed with the
        offer.
      However, DVC reserves the right to call for original document, if needed failing which the offer is
      liable for rejection.

08.   DVC shall not be responsible in any way for any delay / difficulties / inaccessibility of the
       downloading facility from the website for any reason whatsoever.

09. 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.

10.   In case of any discrepancies found between the downloaded tender documents from the website
      and the master copy available in the office of the Tender Inviting Authority, the latter shall prevail
      and will be binding on the tenderer(s). No claim/appeal on this account will be entertained or
      given cognizance.

11.   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 rejected.

12.   Quotation submitted by the tenderers through e-mail/ fax/telegrams will not be considered valid.

13.   All suits arising out of the enquiry and subsequent Service Contract, if any, are subject to the
      jurisdiction in the City of Kolkata only.

Special Note - No request for extension of tender opening date will be considered.




                                                                           ( B. Mookherjee)
                                                                      CHIEF PURCHASE OFFICER
                          DAMODAR VALLEY CORPORATION
                              (ESTABLISHED BY THE ACT XIV OF 1948)
                          MATERIALS MANAGEMENT DEPARTMENT
                           DVC TOWERS, 3RD FLOOR, VIP ROAD
                                   KOLKATA-700 054
                                                              FAX: (033) 2355 -2202 / (033) 2355-3050
                                                                            Phone: (033) 2355 – 1192
___________________________________________________________________________________________


Tender No. CP/Hire Car/AC/2009-10/


                                   NOTICE INVITING TENDER


Sealed tenders in duplicate in two part containing three envelopes A, B, & C (Requisite EMD in specific
from and cost of tender documents, if downloaded from website in envelope „A‟, Technical and
commercial bid in envelope „B‟, price bid in envelope „C‟) by the Chief Purchase Officer, Damodar
Valley Corporation, DVC, DVC Towers,(3rd floor) Kolkata-700054 from experienced Transport
Contractor for hiring of 08 (Eight) Nos. Diesel / Petrol AC vehicle (details of vehicles is shown
Clause No. 4 of SCC) for the official use of DVC Officials during the normal hours as well as beyond
normal working hours in and around Kolkata as well as outside Kolkata, as the case may be on all
working days including Saturday, Sunday/Holidays on monthly rental basis for engagement of the
vehicles through placement of Service Contract for a period of 2 (two) years (from the date of
issuance of Service Contract) against NIT No. CP/Hire Car/AC/2009-10/. The vehicles will be
stationed at DVC Towers, Kolkata. Tender documents along with detailed specification can be
obtained from the office of Chief Purchase Officer against Cash receipt from Accounts Department,
DVC, DVC Towers (3rd floor), Kolkata - 700 054 or Demand Draft in favour of „Chief Accounts Officer,
DVC, Kolkata-54‟ for the cost of tender document as indicated in Tender Notice only on all working
days from 22.06.2009 to 22.07.2009 upto 03-00 PM except holidays and first & last working days of the
month. Sealed Envelope containing tenders should invariably be superscribed Envelope „A‟, „B‟ & „C‟
with “Tender No. CP/Hire Car/AC/2009-10/ for hiring of Light Vehicle i.e. 8(eight) nos. of AC Car
for DVC Towers, Kolkata due on 27.07.2009”. Non-transferable tender documents and detailed
specification may be obtained from the office of the Chief Purchase Officer, 3 rd floor, DVC, DVC
Towers, VIP Road, Kolkata-700 054 on all working days of DVC (upto 03-00 p.m.) except holiday
against cash receipt of tender value mentioned above from Accounts Department, 4th floor, DVC, DVC
Towers, VIP Road, Kolkata-54 or Bank Draft payable at Kolkata in favour of Chief Accounts Officer,
DVC, Kolkata-54. The money paid against the value of tender document will not be refunded on any
account whatsoever.

Tender documents can also be downloaded from our website (www.dvcindia.org). The bidders must
enclose a bank draft (payable in favour of 'CHIEF ACCOUNTS OFFICER, DVC, KOLKATA-54') of
value equal to the cost of tender documents if the same is downloaded from website as indicated in the
envelope „A‟ while submitting the offer, failing which the tender will not be considered for opening.

In case the Tenderer wishes to obtain tender document by post, the cost of the tender document
mentioned above plus a sum of Rs.100.00 (Rupees one hundred) only should be sent by Bank Draft
payable at Kolkata in favour of Chief Accounts Officer, DVC, Kolkata-54. After receipt of the
remittance, the Chief Purchase Officer shall send the tender documents by post to the Tenderer. The
Damodar Valley Corporation takes no responsibility for delay, loss, damage or non-receipt of tender
documents sent by post.

                                                                                         Contd……P/2
                                            (       2       )

Tenders, in duplicate will be received by the Chief Purchase Officer up to 11-00 A.M. on 27.07.2009
and the same and will be opened in presence of representative of participating vendors on the same
day i.e. on 27.07.2009 at 11-30 A.M. If the day is declared a holiday by DVC or any unforeseen
situation arrives due to local strike / bandh, then these activities would be taken up on the next working
day at the same time schedule. Tenders reached in the office of the Chief Purchase Officer after
schedule time and date fixed for the purpose will not be considered at all and also does not take any
responsibility to accept any tender which are reached in his office late due to postal delay. When
tenders are intended to be submitted to the Chief Purchase Officer by messenger these should be
dropped in the TENDER BOX kept in the office of the Chief Purchase Officer situated on the 3rd floor of
DVC Towers, VIP Road, Kolkata-54. When tenders are intended to be submitted to the Chief Purchase
Officer by courier/speed post these should be submitted to the officers as mentioned below and
thereafter it will be kept in the designated place in the office of the Chief Purchase Officer . The name
of the two officers are as below.

     a) Shri P. K. Saha, Sr. Administrative Officer, MM Department.
     b) Shri A. Pal, Engineering Assistant (M), MM Department.

Offers should invariably be kept open for acceptance for 90 days from the date of opening of
the tenders.

All tenderers would be bound by the terms and conditions as detailed in tender specifications by the
DVC.

Once a prospective tenderer purchases a set of tender specification, the price thereof will not be
refunded on any account whatsoever. Tender documents issued in the name of a party are also not
transferable.

If any tenderer submits tender without purchasing a copy of Notice Inviting tender or, without
depositing a Bank Draft of value equal to the cost of tender document as indicated, the tender will be
treated as irregular and will be rejected .

The offer should be as per terms and conditions mentioned in enclosed SCC and in GCC. GCC
has already been hoisted in DVC website www.dvctender.com . Bidders are requested to visit
this website to go through GCC (General Condition of Contract). However, if any terms and
conditions mentioned in SCC are in contradiction to that of GCC ,the former shall prevail.




                                                        CHIEF PURCHASE OFFICER
                     SPECIAL CONDITIONS OF CONTRACT (S.C.C.)

The bidders must enclose the documentary evidence with the offer in support of the following
qualifying requirement, failing which the offer will not be considered.

1.   QUALIFYING REQUIREMENT OF BIDDERS:

1.1 The bidder must have experience of deployment of vehicles in DVC/PSU/Govt./Reputed
    Private organization/Reputed Public School/Reputed Tourism organization on yearly
    contract basis at least for Two years during the last Three years from the year of NIT.

1.2 The average Annual Turn over of the bidder during last 3(three) financial years, ending
    31st March, 2009, should be at least 30% of the estimated value as shown under Col. (c)
    of Clause No. 5 of 'General Instruction of Submission of Bids" of this NIT'.

1.3 The bidder must be the owner of the vehicle to be offered for hiring and should possess
    valid documents in support of his ownership at the time of purchase / downloading of NIT
    documents. The bidder may also have the option to provide new vehicle within 21 days
    of the issuance of Vehicle Hiring Contract provided they submit an undertaking in Non-
    Judicial Stamp paper to this effect.

     In case the bidder failed to engage the new vehicle within the above stipulated period the
     order placed on him should stand cancelled and EMD / SD is to be forfeited.

1.4 Experience of having successfully completed similar jobs during last 7 years ending last
    day of month previous to the one in which offers are invited should be either of the
    following :
    (a) Three similar completed jobs each costing not less than the amount equal to 40% of
    the estimated value as shown under Col. (c) of Clause No. 5 of 'General Instruction of
    Submission of Bids" of this NIT'.
    (b) Two similar completed jobs each costing not less than the amount equal to 50% of
    the estimated value as shown under Col. (c) of Clause No. 5 of 'General Instruction of
    Submission of Bids" of this NIT'.
    (c)One similar completed job costing not less than the amount equal to 80% of the
    estimated value as shown under Col. (c) of Clause No. 5 of 'General Instruction of
    Submission of Bids" of this NIT'.

     "Similar completed Job" means "Deployment of similar type of vehicles in
     DVC/PSU/Govt./Reputed Private organization/Reputed Public School/Reputed Tourism
     organization on yearly contract basis. Furnishing of proof of executed value of job in the
     form of certified copies of payments received against specific contract with copy of
     Contract.

1.5 The vehicle should be registered as Public Service/Commercial Service Vehicle
    having registration not earlier than 5(five) years from the date of publication of NIT
    and should possess all the documents as needed by statutory authorities like
    MVD. However, the private owners of vehicle may participate against NIT subject
    to condition that before execution of agreement for contract, conversion to
    commercial type has to be done mandatory.

                                                                                  Contd…..P/2
                                          (      2      )

1.6    In case the bidder fails to convert the vehicle to commercial before execution of
      the agreement within the above stipulated period, the order placed on him should
      stand cancelled and EMD is to be forfeited.

2.      GENERAL INSTRUCTION TO BIDDERS FOR SUBMISSION OF BIDS:

2.1    Contractors shall have to comply with the statutory provisions applicable in respect of
       providing vehicles on hiring basis.
2.2    Service Tax payable as admissible under the provisions of Service Tax Rule by the
       Contractor(s) of vehicle(s) or the service provider(s). Service Tax registration No. &
       copy of Regn. Certificate is to be furnished.
2.3    All taxes, duties, insurance premium applicable as per law to be levied in future during
       the contractual period in respect of vehicles shall have to be borne by the contractor.
       The contractor is required to furnished up-to-date documents of such payment along
       with tender.
2.4    The acceptance of Tender will rest with the Tender Inviting Authority (TIA), DVC,
       Kolkata or any other competent authority of the Corporation who does not bind himself
       to accept the lowest or any other Tender, and reserves the right to reject in part or in full
       any or all the Tenders received without assigning any reason thereof.
2.5    The contract may be split up or may be awarded to more than one bidder at the sole
       discretion of DVC.
2.6    Tender must produce valid Trade License, valid permit(s), and fitness certificate in
       respect of each vehicle with comprehensive insurance and Pollution Clearance
       Certificate. The contractor shall comply with all relevant rules and regulations of Motor
       Vehicles Act etc.
2.7    Successful bidder will have to furnish a Performance Bank Guarantee/Security deposit
       in DVC format within 30 days of issuance of LOA/Service Contract in either of the
       following manner:-
       (i).    Pro-rata deduction of 10% from monthly bills plus EMD as Security Deposit,
               OR,
       (ii).   Advance bank Draft of 5% of total Order value to be submitted before claiming
               monthly bill,
               OR,
       (iii)   Bank Guarantee of 5% of total order value to be submitted before claiming
               monthly bill.

        Security deposit so collected shall be released to the firm on successful execution and
        expiry/extension, if any, of the contract.
2.8    Monthly payment will be made to the Contractor after statutory deductions as applicable
        plus 10% pro-rata deduction as Security Deposit, if opted. Refund of EMD to the
        successful bidder together with retained amount (10% on pro-rata basis on monthly
        bills) will be made on successful execution and expiry/extension, if any, of the contract.
        Refund of EMD to the unsuccessful bidders shall be made after finalization of the
        contract.
2.9    If any Tenderer withdraws his tender before its acceptance or refuses within a
        reasonable time without giving any satisfactory and acceptable explanation thereof, the
        Tenderer shall be disqualified for making any Tender/Quotation to the corporation for a
        minimum period of 1(one) year.

                                                                                      Contd…..P/3
                                          (      3      )

 2.10 In the case of Tenderer who refuse to carry out the Contract after acceptance of their
       Tenders without any satisfactory reason thereof, they shall be disqualified for
       submission of Tender/Quotation in future for minimum period of 2(two) years.

 2.11 Failure on the part of the Tenderer to carry out or complete the contract after
      acceptance of the LOA/Service Contract shall render them liable for forfeiture of the
      Earnest Money. In addition, such Tenderer shall be liable for disqualification for
      submission of Tender in future for at least two years.

 2.12   Earnest Money Deposit amounting to Rs.1,15,000/- as indicated in this NIT shall be
        submitted along with the offer in any of the following forms:-
         a) Pay Order or Demand Draft of any Nationalized Bank in favour of “The Chief
             Accounts Officer, DVC, Kolkata and payable at Kolkata”.
         b) Bank Guarantee from a Nationalized Bank/ Scheduled Bank/ Foreign Bank (in the
             scheduled list of Reserve Bank of India), irrevocable and operative till the validity
             of the offer as per standard Proforma of DVC (format enclosed).
         c) Fixed Deposit Receipts issued by the Nationalized Bank endorsed in favour of
             DVC.
         d) DVC bonds duly endorsed in favour of DVC.
         e) Post Office National Savings Certificate / National Defense Deposit Certificate
             having face value equal to the EMD value and duly endorsed in favour of DVC.

2.13    The contractor has to follow Govt. EPF rule of Driver as applicable.

2.14    The offer should have a validity of 90(ninety) days from the date of opening of Techno-
        commercial bid.
2.15    The contractor shall not be allowed to transfer for assign the contract to any other
        person/company/ firm without obtaining written consent of awarding authority.

4.       Types of AC Cars required against this NIT–

        i)      Ambassador (AC)           - 01
        ii)     Maruti Esteem (AC)        - 07
                Total No. of Cars         - 08

        For Secretariat Deptt. – 05 Nos. (Maruti Esteem – 4 nos. & Ambassador – 1 No.)

        For Electricity Deptt. - 03 Nos. ( Maruti Esteem)

        DVC reserves the right to decrease or increase numbers of vehicles, if situation arises
        so.


                                                                                    Contd…..P/4
                                                  (          4       )

5.       The format for hiring of Car/Vehicle (AC) of Diesel/Petrol driven is as below:

     Description      of       Earnest      Estimated Value      Last date    Last date, time    Date       &   Cost       of
     Service Contract          Money        (for Two years)      & Time of    &     place   of   time      of   tender
                               Deposit                           selling of   submission of      opening        Documents
                               amount                            tender       offer              of             (Non-refu-
                                                                 paper                           Techno-        ndable)
                                                                                                 commerci
                                                                                                 al offer
              (a)                 (b)              (c)               (d)             (e)              (f)           (g)
     For deployment on      Rs.1,15,000/-   Rs.57,40,340/-       Upto         Up to 11 a.m. of   At 11.30       Rs.750/-
     official duties of                                          03.00        27.07.09 at the    a.m.      on
     DVC's Sr. Officials                                         p.m.    of   office of Chief    27.07.09
     during the normal                                           22.07.09     Purchase           at       the
     working hours as                                                         Officer,    3rd    office of
     well    as   beyond                                                      Floor,     DVC     Chief
     normal       working                                                     Towers, Kol-54.    Purchase
     hours in and around                                                                         Officer,
     as well as outside                                                                          3rd Floor,
     Kolkata                                                                                     DVC
     respectively, as the                                                                        Towers,
     case may be on all                                                                          Kol-54.
     working         days
     including Saturday,
     Sunday/Holidays as
     and when required.

       Note:

       (1)    Initial period of contract will be 2 (two) years. However, contract may be extended
              the period of 1(one) year after satisfactory completion of original contract at the sole
              discretion of DVC.

       (2). Submit your tender in the following manner:-

        (i) Envelope „A‟ superscribed on it “cost of tender document against NIT No. CP / Hire
        Car/ AC/ 09-10/ and Date of opening 27.07.2009” should contain a Bank draft (payable
        in favour of „CHIEF ACCOUNTS OFFICER, DVC KOLKATA-54‟) of value equal to the
        cost of tender document as indicated if the same is downloaded from the website, failing
        which the tender will not be considered and also superscribed on it should contain
        Earnest Money (payable in favour of „CHIEF ACCOUNTS OFFICER, DVC, KOLKATA-
        54) without which the tender will not be considered.

        (ii) Envelope „B‟ superscribed on it „Techno-Commercial Offer against NIT No. CP / Hire
        Car/AC/ 09-10/      and Date of opening 27.07.2009” should contain quotation with
        Technical and commercial details as per Annexure - I & Annexure -A.

        (iii) Envelope „C‟ superscribed on it „Price bid against NIT No. CP / Hire Car/ AC/ 09-10/
        and Date of opening 27.07.2009”, as per Annexure -II ( Price bid/ Rates of charges) .

        (iv) Envelopes A, B & C should be sealed in a bigger envelope, superscribing on it
        “Envelope „A‟ ,„B‟ & „C‟, NIT No. CP / Hire Car/ AC/ 09-10/ and Date of opening
        27.07.2009” hiring of Car/Vehicle of Diesel/Petrol (AC) driven

       (3) The Techno-commercial bid (Envelope-B) and Earnest Money Deposit (Envelope-A)
         will be opened at 11.30 a.m. on the last date of receipt of tender i.e. 27.07.2009 in
         presence of the authorised representative of participating bidders.

                                                                                                         Contd…..P/5
                                        (      5      )

      (4)   The Price Bid Envelope (Envelope „C‟) of the bidders shall be kept sealed during
            opening of Techno-commercial bid (Envelope-B) and Earnest Money Deposit
            (Envelope-A) & the same will be opened at a later date, for the NIT compliant
            bidders only and those bidder will be intimated the date opening of Price Bids.
      (5)   If any price component related to subject NIT in full or in part is exposed and
            found with its Techno-commercial offers, the offer shall out rightly be rejected
            and will not be considered further.
      (6)   Bidder should quote for total requisite nos. & types of vehicles (Maruti
            Esteem & Ambassador Car) as mentioned in the NIT failing which offer will be
            out rightly rejected.
      (7)   Bidders are requested to go through the conditions under Sl. No. 1.0 of
            Qualifying Requirements of Bidders, without which the bids will not be
            considered valid and will be rejected.

6.    TERMS & CONDITIONS OF HIRED VEHICLE SERVICES:

6.1    The contractor shall place the vehicle along with Driver(s) of the vehicles at the
      disposal of the Office of the Sr. Administratve Officer(Vehicle), Secretariat Deptt.,
      DVC, DVC Towers, 6th Floor, Kolkata-54 (For Secretariat Deptt.) / the Purchase
      Liaison Officer, Electricity Deptt.,DVC, DVC Towers, 7th Floor, Kolkata -54 (For
      Electricity Deptt.) or their duly authorized representative for deployment of different
      duties according to the requirements as mentioned in the 'Scope of Work '.
6.2 The vehicle shall be engaged only for the purpose of official duty in the district of
    Kolkata & and outside Kolkata as and when required and some essential incidental
    services as described in Scope of Work during the engagement days of contract period
    and shall not be used by the contractor on other days for any other purpose except with
    specific approval of the authority.
6.3 The vehicle shall have a minimum seating capacity of 4(four) for Maruti Esteem & 5(five)
    for Ambassador with registration not earlier than five years from the date of publication of
    NIT, having cushioned seats and back rests, interiors upholstery, and decoration should
    be very good. Vehicle should be in very good running and roadworthy condition, all safety
    measures and arrangements e.g. wiper, window railing, door locks, handle, grips,
    windowpanes etc. should be in perfect condition.

    The vehicles (AC) should be equipped with a spare wheel, set of tools, First Aid Box and
    other (torch & umbrella) necessary requisites. The vehicle should be mechanically
    perfect in respect of Brake System, Steering System, Suspension System, Tyres, Horns,
    Headlight, Indicator etc.
6.4 Driver(s) engaged must possess valid Public Service Driving License for Public
    service/commercial vehicles. Drivers should be well trained to meet the emergency
    situations. e.g. Breakdown, accident and other eventualities.
6.5 The vehicles (AC) should be of latest equivalent models, registered not earlier than five
    years from the date of publication of NIT. The vehicles provided by the contractor for the
    specified services will be inspected frequently by the DVC Authority.
    The vehicle/vehicles shall be kept in running condition at all times and procurement of
    fuel, lubricants, spares etc will be arranged by Contractors at his own cost. Routine
    maintenance, repairs, frequent check-up, servicing overhauling, payment of wages to
    driver‟s etc. will be the contractor‟s liability.
                                                                                Contd…..P/6
                                         (     6       )

6.6 In case of major breakdown or withdrawal of vehicle/ vehicles from service by the
    contractor or any reason whatsoever the contractor shall immediately provide a suitable
    substitute duly approved by Sr. Administrative Officer (Vehicle), Secretariat Deptt., DVC,
    DVC Towers, 6th Floor, Kolkata-54 / the Purchase Liaison Officer, Electricity Deptt.,
    DVC, DVC Towers, 7th Floor, Kolkata -54 or their duly authorized representative.
    Withdrawal of vehicles by contractor shall be done with prior approval of the said officials
    only against the replacement by a suitable substitute. For servicing of vehicle, a free
    time of maximum twenty-four hours will be allowed once in every complete month during
    daytime. The choice of such period for servicing shall be that of the DVC officials against
    sufficient notice by the contractor. The contractor shall have to produce necessary
    documentary evidence in support of servicing done, failing which the same will be treated
    as unauthorized and penalty as deemed fit to be imposed. For obtaining fitness certificate
    from statutory registering authority, the vehicle shall be released for one complete day for
    every three months without levying any penalty provided a suitable substitute vehicle is
    arranged. But mileage covered to and from for fitness check purpose shall not be taken
    into account for payment. Documentary evidence of such certificate obtained shall be
    furnished: otherwise it will be treated as unauthorized absence.

     The Speedometer of each vehicle shall be perfectly in order and in case of defect; the
     same shall be immediately repaired/rectified at the contractor‟s cost. For the period the
     odometer is not in order and KM run is not recorded in the Log Book, payment shall not
     be made.
6.7 The contractor shall bear all charges for running the vehicles, and all remuneration and
     facilities of Drivers involved with the vehicles services.
6.8 Employment(s) of Driver(s) in connection with services of the vehicle(s) are entirely the
     responsibilities of the contractor and DVC authority is in no way related/ responsible for
     their employment/employability or any other claim thereof.
6.9 The vehicle will carry entitled officers/personnel for official duties including to & fro
     journeys from office to residence and also other incidental trips, essential administration
     work of GOI /Govt. W.B./ Govt. of Jharkhand as per direction of the Sr. Administrative
     Officer (V), Secretariat, DVC, Kolkata / the Purchase Liaison Officer, Electricity Deptt.,
     DVC, DVC Towers, 7th Floor, Kolkata -54 or their duly authorized representative as the
     case may be.
6.10 The contractor of the vehicle (AC) will be responsible for safe traveling of the concerned
     passengers/officials. Safety, punctuality and their comfort are the essence of the
     contract.
6.11 Reporting point of the vehicle will be at the Sr. Administrative Officer(Vehicle),
     Secretariat Deptt., DVC, DVC Towers, 6th Floor, Kolkata-54/ / the Purchase Liaison
     Officer, Electricity Deptt., DVC, DVC Towers, 7th Floor, Kolkata -54. The vehicle shall
     be stationed as per direction of the Sr. AO(V), Secretariat, DVC, Kolkata / the Purchase
     Liaison Officer, Electricity Deptt., DVC, Kolkata -54 or their duly authorized representative
     as the case may be.
6.12 The vehicles (AC) will be authorized for different journeys as per direction, Time & Route
     Chart issued by the Sr. Administrative Officer (V), Secretariat, DVC, Kolkata / the
     Purchase Liaison Officer, Electricity Deptt., DVC, Kolkata or their duly authorized
     representative, and as such, the Driver of vehicle will have to perform duties as per
     itinerary instruction of said officials.
                                                                                     Contd…..P/7
                                          (      7       )

6.13   Starting point for the purpose of calculation of run of the vehicle in Kilometer for the
       payment of running Charges will be from the reporting point at DVC Towers, 6th Floor,
       VIP Road, Kolkata-54 / the Purchase Liaison Officer, Electricity Deptt., DVC, DVC
       Towers, 7th Floor, Kolkata -54 as per directive of Sr. Administrative Officer (V),
       Secretariat, DVC, Kolkata / the Purchase Liaison Officer, Electricity Deptt., DVC, DVC
       Towers, 7th Floor, Kolkata -54 or their duly authorized representative.

6.14   Rate/Charge: The rate should be furnished as per following Schedule for
       Nos. of vehicles to be engaged on monthly rental basis :

               Monthly hire charge:
                (i) Upto minimum run of 2500 KM as per NIT in Rs……………../KM; Rate in
                Rs……………..KM x minimum run in KM per month as per NIT (Minimum run
                charge is guaranteed).
                (ii) Beyond minimum run of 2500 KM : Rate in Rs…………/KM; Total to be paid
                on actual.
                (iii) For Over stay beyond stipulated normal duty of 9 Hrs. Rate in
                Rs………../hr: Total to be paid on actual.
                (iv) Monthly running charges in Rs…………../KM = ‟A‟ (considering the cost of
                fuel & Lubricants only): this is to be paid in actual („A‟ x total KM run in a
                month).
                 However monthly running charge is variable in the sense that for any
                increase/decrease in HSD/ Petrol price, this part will be modified as -
                          „A‟ + Pn - Po
                                  12
                 for Petrol/Diesel driven light vehicle.
                 Pn = Current price of fuel in Rs./ Ltrs.
                 Po = Base Price of fuel as on the date of bid opening in Rs./ Ltr.
                 And assuming the Petrol / Diesel driven light vehicle give 12 KM run per litre of
                diesel.

       The bids will be evaluated on the basis of rates offered against Sl. No. 6.14(i), (ii) , (iii)
       & (iv). for payment to successful tenderer will be effective on above.

6.15   The contractor shall pay the parking charges/Toll taxes wherever required and the
       same will be reimbursed against the documentary evidence.
6.16   No charges will be paid to the contractor for non-engagement days or run of vehicles
       not scheduled / directed by Sr. Administrative Officer (V), Secretariat, DVC, Kolkata /
       the Purchase Liaison Officer, Electricity Deptt., DVC, Kolkata or their duly authorized
       representative.

                                                                                       Contd…..P/8
                                          (      8       )

 6.17   No escalation/reduction in K.M. run rate will be admitted /recovered during the period of
        contract except for Statutory Increase/ Decrease in the price of Diesel/ Petrol by Govt.
        Oil companies (Petroleum Price Regulation Authority) during the contract period.
        Increase/Decrease on running cost (variable cost) will be calculated only to the extent
        of Diesel/ Petrol rate prices variation as above.

6.18    Increase/Decrease in running charges (variable cost) per K.M. run of Diesel/ Petrol
        driven vehicle from the contractual Rate=Total Increase/Decrease of rate of Diesel/
        Petrol per litre/12, assuming consumption of diesel/ petrol as one litre for every 12
        (twelve) K.M. run of the Light vehicles. For payment of this variable part, Diesel/ Petrol
        price as on date of bid opening to be reckoned as base fuel price. Escalation
        /Reduction of rate of running charges will be effective from the “Date of Opening” of
        Tender. No other form of escalation of rate will be entertained during the contract
        period.
        In case of increase or decrease in the price of diesel/ petrol by Re. 1/- per litre from the
        base price, the contractor will be paid proportionately according to the increase or
        decrease of diesel/ petrol price on the basis of KM / Litre. Basis is 1 litre = 12 Kms. run
        of vehicle as per formula laid down in this NIT. In case of increase of price of fuel less
        than Re. 1/- / Litre, no extra payment will be made to the contractor.

6.19    The Detailed Route Chart with Timing etc. will be given to the successful contractor
        after placement of order. As the vehicle timing are subjected to change, day to day
        engagement and Timing and Route Chart Schedule of the vehicles (AC) is also
        subjected to change and will be issued/informed to the successful contractor before the
        trip begins.
6.20    A set of LOG Books shall be maintained by the contractor for every calendar month, to
        be indicated therein, the date, time details, details of journey and mileage covered at
        the end of each trip duly certified by contractor and endorsed by availing DVC officials.
        A pair of such LOG Books shall be maintained for odd and even calendar months. Log
        Book shall be maintained for each vehicle separately. On expiry of the contract period,
        the contractor must deposit all the LOG Books maintained throughout the contractual
        period to the Issuing Officer of DVC.
6.21    DVC shall have no responsibility for any damage to the vehicle by destruction or
        otherwise for any reason whatsoever and shall have no liabilities to pay any
        compensation to any person including driver of the vehicle being involved in any
        accident or destructive activities.
        The contractor shall take full responsibilities on all such legal matters as per Rules. The
        insurance of the vehicle should be the comprehensive one and shall cover the liability in
        respect of passengers/Officials also.
6.22    DVC shall not be liable for payment of any charge/compensation in case where:
              a)       Vehicle/vehicles is/are under breakdown.
              b)       Vehicle/vehicles is/are remain idle due to STRIKE or any other reason
                        beyond the control of any authorities of DVC.
                                                                                       Contd…..P/9
                                         (     9       )

6.23   If in the opinion of the Sr. Administrative Officer (V), Secretariat, DVC, Kolkata / the
       Purchase Liaison Officer, Electricity Deptt., DVC, Kolkata or their duly authorized
       representative the performance of the contractor is not satisfactory with respect of
       quality of vehicle deployed or service rendered not conforming to these terms &
       conditions of the contract, the corporation may terminate the contract within 7 (seven)
       days notice in writing and such termination of the contract shall be final and binding
       upon the contract.
       The contractor is also liable to terminate by giving 3(three) months notice by the Sr.
       Administrative Officer (V), Secretariat, DVC, Kolkata / the Purchase Liaison Officer,
       Electricity Deptt., DVC, Kolkata or their duly authorized representative without assigning
       any reason whatsoever.
6.24   The contractor will have to deploy only those specified vehicles, which are conforming
       to Clause 4. of the NIT. In case of any breakdown of any of the above mentioned
       vehicle, the contractor may engage vehicle in condition foe a short time and purely on
       temporary basis with prior approval of the Sr. Administrative Officer (V), Secretariat,
       DVC, Kolkata / the Purchase Liaison Officer, Electricity Deptt., DVC, Kolkata or their
       duly authorized representative. However, the contractor should take initiative to
       redeploy the vehicle/vehicles conforming to Clause-3 within 48 hours.
6.25   All the vehicles should have a Board marked "ON DVC EMERGENCY DUTY, DVC,
       KOLKATA" in bold and prominent letters for ease in recognition of vehicle. These
       Boards should be placed before the windscreen of the respective vehicles.
6.26   In case of breakdown of any vehicle during any trip, it should be the endeavor of the
       contractor or his representative to get it repaired or to arrange alternative vehicle as
       early as possible and complete the trip and the schedule journey. Failure to comply the
       above will be treated as failure to provide the vehicle trip, and penalty will be imposed
       as per Clause-7.1(a) & (b) as the case may be.
6.27   (a) The contractor should be categorically agreeable to provide the vehicle services for
       another 3(three) months (max) beyond the contractual agreement period with the same
       terms & conditions of the work order placed on them and with same payment terms.
       K.M. run utilization will be on pro-rate basis. The extension of contract period will be
       prerogative and direction of Damodar Valley Corporation.
        (b) Sub-letting: During the period of contract, the vehicle shall be exclusively be used
       as per the direction of the Sr. AO (V), Secretariat, DVC, Kolkata / the Purchase Liaison
       Officer, Electricity Deptt., DVC, Kolkata or their duly authorized representative. The
       hired vehicles shall not be sublet during the contract period nor any unauthorized
       person shall be allowed to travel in the vehicles within the contract period.

6.28   Any dispute arising out of the contract will be settled at the Court of Law at Kolkata,
       West Bengal.

                                                                                  Contd…..P/10
                                         (      10      )

7.    PENALTY:

7.1   (a) A penalty of Rs.700/- (Rupees seven hundred only) will be imposed on the
      contractor for failure to provide the vehicle(s) for the whole day.
      (b) If the contractor deploys vehicle whose quality is not as per NIT (e.g. if registration is
      older than 5(five) years from the date of NIT for more than 3 consecutive days in a
      month, no hiring charges as well as no fuel charges (running charges) will be paid.

7.2   Maintenance of Time, Route Schedule for each and every Trip is the essence of the
      contract. The Time Schedule will be given to the successful contractor by the Sr.
      Administrative Officer (V), Secretariat, DVC, Kolkata / the Purchase Liaison Officer,
      Electricity Deptt., DVC, Kolkata or their duly authorized representative on day to day
      basis (within 5 p.m. or afterwards) for the schedule of next day. If there is any delay on
      the part of the contractor in providing the vehicle / vehicles for any journey or is/are not
      conforming to the quality standard mentioned in Clause-3 of Terms & Conditions of
      contract or the driver(s) are not physically and mentally in healthy condition to drive the
      vehicle/vehicles, Sr. Administrative Officer (V), Secretariat Deptt., DVC, Kolkata / the
      Purchase Liaison Officer, Electricity Deptt., DVC, DVC, Kolkata or their duly authorized
      representative may cancel any trip/trips or not providing the vehicle for whole day, and
      penalty will be imposed as per above Clouse-7.1(a) & (b) as the case may be.

7.3   The vehicle/vehicles intended to be used against this enquiry shall be made available
      for inspection by the contractor to the DVC Officials before opening of Price Bids. The
      vehicles should have specified Public Service registration number, which is acceptable
      to the inspection authority, will be considered for bidders and their price bids will be
      opened.

      No vehicle shall be accepted for operation unless the same is inspected and approved
      by the DVC, Officials prior to opening of the respective price bids.

      After placement of LOA / Service Contract mentioning specific vehicles with Public
      Service registration number, the vehicle to be placed for operation within 10 days,
      failing which the order (LOA / Service Contract) will be treated as cancelled and EMD
      deposited will stand forfeited.

7.4   During idle hours of duty, the vehicle shall be parked with driver at a location as
      instructed by the Vehicle Section of Secretariat Deptt / Electricity Deptt.. If vehicle/driver
      is found missing at any time during duty hours, a penalty at pro-rata hourly rate of
      deduction will be made as
             @ Monthly Fixed Hiring Charge
                  Total days of month X 24

8.    GENERAL TERMS & CONDITIONS:
      The contractor shall have to execute and Agreement to observe all Terms & Conditions
      of Tender Documents before commencement of contract on a non-judicial stamp paper
      worth Rs.50.00 (Rupees fifty only).
                                                                            Contd…..P/11
                                         (      11      )


8.1   The contractor will submit bill in triplicate with pre-receipted original to the Sr.
      Administrative Officer (V), Secretariat, DVC, Kolkata / the Purchase Liaison Officer,
      Electricity Deptt., DVC, Kolkata along with logbooks and other documents for
      certification of the bill towards payment action.

8.2   Scope of work:

      i.     Normal Duty Hour on each day: 9 hours .
      ii.    Maximum expected hour of over stay beyond the normal duty hour per day:
             Max.12 hours (approx.)
      iii.   Maximum days of engagement of vehicle per month: Almost all working days
             including Saturday, Sunday and Holidays, if necessary.
      iv.    Maximum no. of hrs. of overstay beyond 9 hrs. duty per day over a period of
             month: Max. 50 hrs.(approx.)
      v.     Minimum Km. of run required by the vehicle per month: 2500 KM.
      vi.    Maximum Km. of run by the vehicle per month: Max. 4000 KM.(approx.)

8.3   The contractor is required to provide cell phones to the drivers for better communication
      at their own cost for communications with the users & give a list of Mobile Nos. to Sr.
      Administrative Officer (V), Secretariat Deptt. / the Purchase Liaison Officer, Electricity
      Deptt. in advance.
8.4   LOG Books should be maintained as directed in Rule-31 of Staff Car Rules, in the
      prescribed Form as standardized under 'S' Series (S-263) for each car separately and
      entries must be certified by the officials using the vehicle. A sample copy of the Form
      may be obtained from the office of the Sr. Administrative Officer (V), Vehicle Section,
      Secretariat Deptt., DVC, Kolkata / the Purchase Liaison Officer, Electricity Deptt., DVC,
      Kolkata.
8.5   The vehicles should be deputed and deployed exclusively for the Department and shall
      not be used by the agency for any other purpose.
8.6   The vehicles and/or drivers once assigned to officers should not be changed afterwards
      barring exceptional cases arising out of break down or with prior permission.
8.7   The bills for hiring of cars, along with the Log Books complete in all respects for every
      month, must be submitted to this office by the 15th of the subsequent month positively,
      after getting the bills vetted by the respective officers using the vehicles. If the bills are
      not filed within the due date as mentioned above, 5% of the bill amount for that month
      may be deducted unless provided satisfactory explanation.

8.8   In the event of the said security deposit being insufficient, the balance of total amount
      recoverable, shall be deducted from any sum due to the service provider under this or
      any other contract with Income Tax Department. Should this amount be insufficient to
      cover the said full amount recoverable, the service provider shall pay to Income Tax
      Department on demand the balance amount, if any, within 10 days of the demand by
      the Income Tax Department.


                                                                                    Contd…..P/12
                                          (     12      )


10.   BID EVALUATION METHODOLOGY:

             The bidder will offer their rates against item Sl.No.6.14 (i), (ii), (iii) & (iv) of NIT
      Clause & Annexure – II ( FORMAT FOR SUBMISSION OF RATES ). The bids will be
      evaluated on monthly (30 days) hire charges basis and for purpose of evaluation, it will
      be assumed that the run of the vehicle in a month would be the average of minimum
      and maximum Km. of run as indicated in the NIT but the payment against item Sl. No.
      6.14 (ii),(iii) & (iv) to be made on actual and against item Sl.No.6.14 (i) on rate as
      offered. THE EVALUATION OF THE BID FOR A MONTH WOULD BE THE ADDITION
      OF ALL THE COMPONENT AGAINST SL. No. 6.14 (i), (ii), (iii) & (iv) of NIT Clause &
      Annexure – II ( FORMAT FOR SUBMISSION OF RATES ).


ENCLO: i). Annexure – I
       ii). Annexure – II
       iii). Annexure – A
       iv). G. C. C.
       v). B.G. Format for submission of EMD & it's Instruction Sheet for submission.




                                                CHIEF PURCHASE OFFICER
                                      FOR & ON BEHALF OF DAMODAR VALLEY CORPORATION
                                                                                                     ANNEXURE-1
                                DETAILS OF VEHICLES BEING OFFERED

NIT No. CP / Hire Car/ AC/ 09-10/

Date of Opening : 27- 07-2009

Sl.   Car       Year of   Self          Engine-                  Documents submitted *("Y" for yes & "N" for no)
No.   Number    Manufa    owned/hired   Petrol
      and       cture                   or
      make                              Diesel
      Mention
                                                  Registration    Insurance     BS-II         Tax         Fitness       W.B.
                                                  Certificate     Certificate   Compliance    Token/      Certificate   State
                                                                                Certificate   Tax                       Road
                                                                                              paymen                    Permit
                                                                                              t receipt
  A       B        C          D           E            F              G             H              I           J          K




              Self attested Copies of Documents should be enclosed with the Technical
              bid.




 Date :                                                          Bidder's signature with Official Stamp
                                                                      with full address & contact No.
                                                                                ANNEXURE – A


                  STRIKE OUT WHICHEVER IS NOT APPLICABLE




FORMAT FOR COMMERCIAL TERMS & CONDITIONS

DAMODAR VALLEY CORPORATION

NAME OF THE OFFICE: Office of the Chief Purchase Officer, DVC, DVC Towers, 3rd Floor, VIP
Road, Kolkata – 700 054
1. Enquiry/NIT No. CP / Hire Car/AC/ 09-10/
   Date of Opening : 27-07-2009
2. Name of the firm :
M/s…………………………….…………………………………………………………..…
Phone No……………………….. Fax No……………………… E-mail ………………

3. Address of the firm           :
     (a) Head Office             :
     (b) Registered Office       :
     (c) Local/ Branch Office    :


4. To be furnished all the Relevant Documents as per NIT :
   (List of documents furnished in Tech. & Commercial bid may please be indicated.)



5. Agreed to accept DVC‟s Security Deposit Performance Guarantee Clause:           YES
  ( Mention the option as laid down in the NIT ).

6. Agreed to accept DVC‟s Penalty Clause:         YES

7.      Basis of Offered Rates                :   Firm during execution of contract, except
                                                  monthly hiring charges which will be governed
                                                  by the formula laid down in the NIT.

8.      Payment Terms                         :   Agreed to accept DVC‟s payment term.

                                                                          Contd. to next page ….
                                             (   2   )

9. a). Service Tax                       :      Applicable rate ___________ as on bid opening
                                                date.
    b). Please mention Service Tax Regn. No. ( supported with documents)
    c). Service Tax ,if payable the same will be re-imbursed by DVC
        on the basis of paid documents only       : Agreed.

10. Any other statutory taxes/ duties    :       Applicable rate ___________ as on bid opening
                                                 date/ Not applicable.

11. Validity of Offer:                            90 (Ninety )days from bid opening date.




                                                 SIGNATURE OF THE BIDDER ALONG WITH SEAL
DATE :
                                                                                                    ANNEXURE-II
NIT No. CP / Hire Car/ AC/ 09-10/
Date of Opening : 27- 07-2009

                             FORMAT FOR SUBMISSION OF OFFERED RATES

Rates/Charges for: The rate should be furnished as per following Schedule for vehicles to be engaged
on monthly rental basis:
 Sl.      Particulars of      Offered Rate   TOTAL Value       Offered Rate for   TOTAL Value           TOTAL
 No.      Hiring Rates         for Maruti    Against Sl. No.    Ambassador        Against Sl. No.    EVALUATED
                              Esteem(AC)        (i) to (iv)     (AC) for One         (i) to (iv)       VALUE OF
                              for One Car      for Maruti            Car                 for          ONE NO. OF
                                              Esteem(AC)                           Ambassador          Esteem &
                                              for One Car                          (AC) for One      Ambassador
                                                                                         Car              CAR
                                                                                                     For both type
                                                                                                       of vehicle
                                                                                                     = Column. 4 +
                                                                                                       Column. 6
 (1)             (2)             (3)             (4)               (5)                (6)                  (7)
 (i)     Rate for & upto     Rs………/ KM       Rs.…………..         Rs………/ KM          Rs.…………..          Rs.…………..
         minimum run of
         2500 KM .
 (ii)    Rate for beyond     Rs………./ KM      Rs.…………..         Rs………/ KM          Rs.…………..          Rs.…………..
         minimum run of
         2500 KM
 (iii)   Rate for Over       Rs. …… / hour   Rs.…………..         Rs. … .../ hour    Rs.…………..          Rs.…………..
         stay        hours
         beyond
         stipulated
         normal duty of
         9 Hrs
 (iv)    Rate          for   Rs………./ KM      Rs.…………..         Rs………../ KM        Rs.…………..          Rs.…………..
         Monthly running
         charges
         (Considering
         the cost of fuel
         &      Lubricants
         only):

NOTE:
I). Minimum Km. of run by the vehicle per month: 2500 KM
II). Maximum Km. of run by the vehicle per month: 4000 KM.(approx.)
III) For Bid evaluation purpose:-
    a). It will be assumed that the run of the vehicle in a month would be the average of minimum and
        maximum Km. of run as indicated in the NIT
    b). Over stay hours beyond stipulated normal duty of 9 Hrs. will be assumed as 50 hours./ month/
        car.
    c). Finally, the ranking will be decided by adding all the components of column (3) +(plus) column
        (4) under Sl. No. (i), (ii), (iii) & (iv) as offered above.


Date :                                                 Bidder's signature with Official Stamp with
                                                                  full address & Contact No.
( On non-judicial stamp paper of appropriate value)
PROFORMA OF BANK GUARANTEE IN LIEU OF EARNEST MONEY DEPOSIT


To
*DAMODAR VALLEY CORPORATION                                BG No. :
DVC TOWERS: VIP ROAD                                       Date :
KOLKATA-54.


Dear Sir.


In     accordance        with      your      Notice      Inviting     Tender     for    ……………………………
………………………...………………………………………under                                                your                specification
No………………………dated…………………M/s. ……(Name& full address of the firm) (Hereinafter called the
Tenderer) hereby submit the Bank Guarantee:


Whereas to participate in the said tender for the following:


1.      ……………………………………………………(Name                                     of       the      items        to       be
        supplied as per NIT)
2.      ……………………………………………………


3.      ……………………………………………………


It is a condition in the tender documents that the tenderer has to deposit Earnest Money amounting to Rs.
…………… in respect to the tender, with Damodar Valley Corporation(*) (hereinafter referred to as “Corporation”)
by a Bank Guarantee from a Nationalised Bank/ Schedule Bank/Foreign Bank irrevocable and operative till the
validity of the offer(i.e. …………days from the date of opening of tender) for the like amount which amount is
likely to be forfeited on the happening of contingencies mentioned in the tender documents.


And whereas the tenderer desires to secure exemption from deposit of Earnest Money and has offered to furnish
a Bank Guarantee for a sum of Rs……………… to the Corporation as Earnest Money.


Now, therefore, we the …………………………… (Bank), a body corporate constituted under the Banking
Companies (Acquisition and Transfer of Undertaking) Act. 1969 (delete, if not applicable) and branch Office
at…………. (Hereinafter referred to as the Guarantor) do hereby undertake and agree to pay forthwith on
demand in writing by the Corporation of the said guaranteed amount without any demur, reservation or recourse.



We, the aforesaid bank, further agree that the Corporation shall be the sole judge of and as to whether the
tenderer has committed any breach or breaches of any of the terms costs, charges and expenses caused to or
suffered by or that may be caused to or suffered by the Corporation on account thereof to the extent of the
Earnest Money required to be deposited by the Tenderer in respect of the said Tender Document and the
decision of the Corporation that the Tender has committed such breach or breaches and as to the amount or
amounts of loss, damage, costs, charges and expenses caused to or suffered by or that may be caused to or
suffered by the Corporation shall be final and binding on us.
We, the said Bank further agree that the Guarantee herein contained shall remain in full force and effect until it is
released by the Corporation and it is further declared that it shall not be necessary for the Corporation to proceed
against the Tenderer before proceeding against the Bank and the Guarantee herein contained shall be invoked
against the Bank, notwithstanding any security which the Corporation may have obtained or shall be obtained
from the Tenderer at any time when proceedings are taken against the Bank for whatever amount that may be
outstanding or unrealised under the Guarantee.



The right of the Corporation to recover the said amount of Rs. …………..…… (Rupees………………….) from us
in manner aforesaid will not be precluded/affected, even if, disputes have been raised by the said
M/S………………(Tenderer) and/or dispute or disputes are pending before any authority, officer, tribunal,
arbitrator(s) etc.
Notwithstanding anything stated above, our liability under this guarantee shall be restricted to Rs. ………(Rupees
………………) only and our guarantee shall remain in force upto …………… and unless a demand or claim under
the guarantee is made on us in writing within three months after the aforesaid date i.e. on or before the
……………… all your rights under the guarantee shall be forfeited and we shall be relieved and discharged from
all liability there under.



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


Place …………………                                   (Printed Name) …………………………
„
                                                (Designation) …………………………..


                                            (Bank‟s common seal) …………………



In presence of:


WTTNESS(with full name, designation, address & official seal, if any)


    (1) ………………………………………
         ………………………………………


    (2) ………………………………………
         ………………………………………


* Please indicate the name and address of the projects/stations/offices where the B.G. is to be executed.
DAMODAR VALLEY CORPORATION
DVC Towers VIP Road
Kolkata – 700 054

             GENERAL CONDITIONS OF CONTRACT


1.   DEFINITION :

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

2.    REFERENCE :

      The number of the concerned Purchase Order/Work Order/LOA/LOI 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.

3.2   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.    GENERAL INFORMATIONS :

      Single Stage Bidding :
      (a)   For One Part Limited/Open Tender : Bidders are requested to Submit their
            offer in sealed envelope superscribing on it Enquiry/Tender No. and Date.
            Also indicate the Name and Address of the firm; and date of opening on
            the envelope. In case, earnest money is required to be deposited, the
            above envelope should contain two smaller sealed envelopes marked „A‟ &
            „B‟.

      (i)   Envelope „A‟ superscribed on it “Earnest Money against Tender Notice No. and
            Date” should contain the Earnest Money in desired form and also the cost of
            tender documents in DD/Pay Order in favour of Chief Accounts Officer, DVC,
            Kolkata-54, if the same is downloaded from website.
(ii)         Envelope „B‟ superscribed on it „Techno-Commercial and Price Bid against
             Tender Notice No. and Date” should contain quotation with price and other
             details.

(b)          For two part Limited / Open Tender :

             I.     4 ENVELOPE BIDDING :

             Bidders are requested to submit their offer in sealed envelope superscribing on it
             “Tender Notice No. and Date”. Also indicate the Name and Address of the firm;
             and date of opening on the envelope. Above sealed envelope should contain
             three smaller sealed envelopes marked „A‟, „B‟, „C‟ & ‟D‟.

       (i)          Envelope „A‟ superscribed on it “Earnest Money against Tender Notice
                    No. and Date” should contain Earnest Money in desired form and also
                    the cost of tender documents in DD/Pay Order in favour of Chief Accounts
                    Officer, DVC, Kolkata-54, if the same is downloaded from the website.

       (ii)         Envelope „B‟ superscribed on it „Quotation against Tender Notice No. and
                    Date should contain supporting documents for Qualifying Requirement as
                    asked in the NIT.

       (iii)        Envelope „C‟ superscribed on it „Quotation against Tender Notice No. and
                    Date should contain quotation with technical details and commercial terms
                    along with Deviation Schedule as per format given in Annexure „C‟.

       (iv)         Envelope „D‟ superscribed on it “Price Bid against Tender Notice No. and
                    Date” should contain the Price Schedule along with the withdrawal prices
                    for deviation, if any, as per format given in Annexure „D‟. This envelope
                    will be opened only for techno-commercially and QR complied bids at a
                    date to be notified later on.

             II.    3 ENVELOPE BIDDING :

             (i)    Envelope „A‟ superscribed on it “Earnest Money against Tender Notice
                    No. and Date” should contain Earnest Money in desired form and also
                    the cost of tender documents in DD/Pay Order in favour of Chief Accounts
                    Officer, DVC, Kolkata-54, if the same is downloaded from the website.

             (ii)   Envelope „B‟ superscribed on it „Quotation against Tender Notice No. and
                    Date should contain supporting documents for Qualifying Requirement as
                    asked in the NIT and techno-commercial offers along with Deviation
                    Schedule as per format given in Annexure „C‟.
             (iii)   Envelope „C‟ superscribed on it “Price Bid against Tender Notice No. and
                     Date” should contain the Price Schedule along with the withdrawal prices
                     for deviation, if any, as per format given in Annexure „C‟. This envelope
                     will be opened only for techno-commercially and QR complied bids at a
                     date to be notified later on.

FOR TWO STAGE BIDDING : GENERALLY ADOPTED FOR HIGH VALUE PROCUREMENT
FROM MANUFACTURERS ONLY AT THE DISCRETION OF TIA

A two stage bidding process shall broadly comprise of the following two stages :


      (a)    1st Stage Bidding (Techno-Commercial Bids without prices but with Deviation
             Schedule, if any).

      (b)    2nd Stage Bidding (Price Bids along with requisite EMD and cost of withdrawal of
             declared techno-commercial deviation, if any).

        ●    The owner will provide necessary inputs/information as considered necessary to
             the successful bidder for completion of the assignment.
        ●    The cost on account of preparation of proposal, negotiation, discussion etc. as
             may be incurred by the Bidder in the process of finalisation of the contract are
             not reimbursable by the owner.
        ●    The owner reserves the right to reject any or all proposals, wholly or partially,
             without assigning any reasons whatsoever.
        ●    Sub contracting in part or full of the assignment awarded to the successful bidder
             without prior written consent of the owner is not permitted.

5.    BIDDING DOCUMENTS :

      Each bidder shall submit with its bid the following attachments for single stage
      bidding :

      Attachment 1: EMD/BID SECURITY. An EMD to be furnished in accordance with
      GCC Clause No. 06 and cost of bid documents in DD if the same is downloaded
      from Website.

      Attachment 2: Techno-commercial Terms & Conditions as per Format given in
      Annexure “A” and Specification Booklet/Sheet.

      Attachment 3: Price schedule as per Annexure “B”. The bidder shall also provide
      the withdrawal price, if any, for withdrawal of techno-commercial deviations as
      per format given in Annexure „D‟ along with the price bid.
             Attachment 4: Deviation sheet – Deviations, if any, from the commercial terms
             and conditions or Technical Specifications shall be listed ONLY as per format
             given in Annexure “C” and to be enclosed with the Techno-commercial offer.

             Attachment 5 : Supporting Documents as asked in the qualifying requirements in
             accordance with this NIT.



             Attachment 6     : Proforma and check list of Bank Guarantee against EMD.


             Each bidders shall submit with its bids the following attachments for two stage bidding :


             First Stage Bidding : Attachment 2, 4 & 5 as detailed above along with the cost of bid
             documents in DD if the same is downloaded from website.


             Second Stage Bidding (if qualified after first stage bidding) : Attachment 1, 3 & 6 as
             detailed above.



Each bidder should respond for single stage bidding with
      (i)           4-envelope (Two part tendering): Attachment 1 & 6 in envelope „A‟, attachment 5
                    in envelope „B‟, attachment 2 & 4 in envelope „C‟ and attachment 3 in envelope
                    „D‟.
      (ii)          3-envelope (Two part tendering): Attachment 1 & 6 in envelope A, Attachment 2,
                    4 & 5 in envelope B and Attachment 3 in envelope C.
     (iii)          2- envelope (1 part tendering): Attachment 1 & 6 in envelope A and Attachment
                    2, 3, 4 & 5 in envelope „B‟.

6.           EARNEST MONEY DEPOSIT (IF APPLICABLE) :

             Every tender must accompany „Earnest Money‟ as mentioned in the Tender
             Notice/Enquiry in desired form as mentioned below without which the tender will
             not be accepted. The Earnest Money should be deposited in any of the following
             forms :-

         a)        The Earnest Money shall be in the form of Pay Order or Demand Draft in favour
                   of Chief Accounts Officer, DVC, Kolkata - 54 in INR or USD/EURO and which is
                   concurrent with the currency in which the price bid has been offered. In case the
                   bidder submits Pay Order or Demand Draft in INR from Nationalized or Schedule
                   Bank through their trade relation and quote the bid in USD/EURO, the same
                   shall be accepted.

         b)        Earnest Money can be submitted in the form of Bank Guarantee from an Indian
                   Nationalized Bank / Schedule Bank / Foreign Bank (in the scheduled list of
             Reserve Bank of India), irrevocable and operative till the validity of the offer as
             per standard Proforma.
             Overseas bidder in case of participation is permitted to submit the Bank
             Guarantee from Foreign Bank which are included in the scheduled list of
             Reserve Bank of India, copy of which is annexed in Annexure-F. However, any
             Foreign Bank not mentioned here but subsequently included in the scheduled list
             of RBI in the course of bidding shall be accepted. Such inclusion of Bank‟s name
             to be obtained from the website of RBI – www.rbi.org.in and the same got to be
             approved by TIA for the purpose.

             The Bank Guarantee currency shall be same as currency of Price Bid. In case
             the bidder arranges to submit BG in INR from Nationalized or Schedule Bank
             through their trade relation and quote the bid in USD/EURO, the same shall be
             accepted.

       c)    Fixed Deposit Receipt issued by Nationalised Bank endorsed in favour of DVC.
       d)    DVC Bonds duly endorsed in favour of DVC.
       e)    Post Office National Savings Certificate having face value equal to the EMD
             value and duly endorsed in favour of DVC.

No Bank Guarantee shall be accepted for EMD amount upto Rs. 10,000/-. However, EMD
exceeding Rs. 10,000/- may be accepted in any of the above forms.


The offer accompanied by B.G. against EMD will only be considered valid on acceptance of
the Bank Guarantee. The offer not accompanied by EMD or specified EMD in proper form as
defined above shall not be considered as valid tender for opening provided necessary
stipulations are made in the NIT.


i)     Earnest Money will only be refunded to the unsuccessful Tenderer within
       15 days after finalisation of Tender and no interest will be paid for the
       same.

ii)    The amount of Earnest Money will be refunded to the successful tenderer,
       after acceptance of their Security Deposit-cum-Performance B.G. / successful
       completion of the order.

iii)   Small Scale Industries registered with NSIC shall be exempted from the payment of
       Earnest Money. Small Scale Industries seeking such exemption must enclose valid
       registration certificate from the appropriate Govt. authority giving details such as
       validity, stores etc., failing which exemption will not be granted.

7.     CONDITIONS FOR FORFEITURE OF EMD :



       The EMD may be forfeited
          In case the purchase order/work order is not executed by the vendor in full.

          In case a bidder withdraws his offer within the offer validity period specified by
           the bidder.

          If the bidder does not accept the arithmetical correction of its Bid Price.

          If the Bidder does not withdraw any deviation at the cost of withdrawal price
           indicated by him in „deviation schedule‟.

          If the bidder refuses to withdraw, without any cost to the owner, any deviation not
           listed in deviation schedule but found elsewhere in the bid.

          In the case of a successful bidder, if the bidder fails within the specified time limit
           as mentioned in the purchase order/contract to furnish the acceptance of
           contract.

          In case of a successful bidder, if the bidder fails to submit Security Deposit-cum-
           Performance BG within 30 days from last day of the stipulated period mentioned
           in the Purchase Order / Work Order / LOA / LOI.

          For those tenderers who are found to be indulging in changing / adding or
           deleting the contents of the downloaded tender documents.

8.   PRICE BASIS :

     Price mentioned in the Purchase Order/Work Order/Turnkey Project Contracts shall
     normally be firm till execution of the contract unless stated otherwise.

          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.‟


     The bids may be invited either on „firm price basis‟ or on „variable price basis‟, but not
     on both. Tender Inviting Authority may invite any or all the items / components in supply
     / works / turnkey project tenders on ‟variable price basis‟ i.e. few items / components of
     a NIT may be on „variable price‟ basis and remaining items / components of the same
     NIT may be on „firm price basis‟.


     The bids may be invited on variable price basis in respect of transmission lines
     packages, supply of tower members and different conductors and major equipments
     like power and instrument and distribution transformers, HV circuit breakers, EHV grade
     transformer oil or any other materials/packages at the discretion of TIA. In such cases
     Standard Price Variation Formula, based on PV formula published by IEEMA / CACMAI
     or similar recognised sources or adopted by power utilities like NTPC / PGCIL etc shall
     be prepared by TIA for the purpose of price variation of equipments/materials and shall
     be indicated in the 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 decided by TIA for this purpose and shall also
     to be 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. The same shall also
     to be indicated component-wise in the bid document. The PV formula shall be
     stipulated 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. 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 alongwith the
     price bid, failing which the offer will be considered unresponsive and to be rejected.


9.   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 on the date of bid opening and shall be shown
     separately in the offer. This shall be to the account of the Purchaser / Owner against
     documentary evidence, 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
     purchaser‟s account. Since such statutory taxes shall be on the account of purchaser,
     benefits of any decrease in the same shall be retained by the purchaser irrespective of
     decrease taking place during period of submission of bid and opening of bid. Taxes –
     duties shall always be paid at actuals based on documents of evidence. 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 as applicable will be to the account of Purchaser/Owner
(DVC) at actuals 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 upto 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, upto 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. However,
taxes and duties charged by the concerned State Govt. / Local Statutory Body for entry
into the destination state / site viz. (a) Octroi, (b) Entry / Exit Tax, (c) Additional Toll Tax,
(d) Special Toll Tax, (e) Turnover Tax etc. or any other taxes and duties having the
same spirit and purpose shall be to the account of Purchaser/Owner (DVC) as
applicable as per rate ruling within contractual delivery period/work completion period.


Service Tax as applicable on service that are provided directly by the contractor to the
owner (DVC) shall be indicated separately in the bid price schedule with the ruling rate
and will be reimbursed at actual including variation, if any, upto 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 and/or it is otherwise decided by the authority granting the
extension of time. 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 Sales / VAT / Service Tax, self-attested/notarized copy of
registration certificate will normally be accepted as documentary evidence.
      In case of change of source of supply from Sub Vendor to bidder or Sub Vendor to
      contractor (if approved by DVC), no additional payment shall be made by DVC towards
      reimbursement of taxes and duties as they are deemed to be included in the contract
      price.


      In the event of change of source of supply from bidder/contractor to Sub Vendor (if
      approved by DVC), 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
      in terms of the contract.


      While fixing total financial involvement, Tender Committee should also consider and
      evaluate the total monetary involvement towards taxes and duties charged by the
      concerned State Govt. / Local Statutory Body for entry into the destination state / site
      viz. (a) Octroi, (b) Entry / Exit Tax, (c) Additional Toll Tax, (d) Special Toll Tax, (e)
      Turnover Tax etc. or any other taxes and duties having the same spirit and purpose.
      These will be apart from other statutory taxes and duties ( ED etc.).

10.   DISCREPANCIES IN THE BID & OFFER VALIDITY :

      The bids shall also be checked for computational error, if any, to arrive at the
      computed price, as per provisions in the following:

           In case of discrepancy between the original and copies of bid, the original
            bid will be considered correct.

           If there is a discrepancy between the unit price and the total price, which is
            obtained by multiplying the unit price and quantity of any item, or between
            sub-total and the total price, the unit or sub-total price shall prevail, and
            the total price shall be corrected accordingly.

           If there is a discrepancy between words and figures, the amount in words
            will prevail.

           If there is a discrepancy between the quantity specified by DVC in the
            bidding document and that indicated by the bidder in his bid, the former
            shall be taken to arrive at the computed price on pro-rata basis.



           In case the unit rate of an item is not quoted but the total price is indicated,
            the same shall be taken to arrive at the computed price. The computed
            price arrived at, as above, shall be considered for the purpose of award
            also.

           If the bidder does not accept the correction of errors as worked out by
            above methodology, its bid will be rejected.
         Quotation must be kept valid for at least 90/180 days or as decided by Tender
         Inviting Authority from the date of opening of the Enquiry / Tender and to be
         indicated in the NIT. If any bidder offers bid having validity shorter than that
         asked in the NIT, bid should not be rejected outrightly. Bidder should be
         persuaded to accept NIT stipulation.

      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
      document required to be furnished.


11.      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 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 Issuing Authority.

         Besides this, a Pre-bid Conference may also be held at the Tender Issuing 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).

12.      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 a clarification requested by
         a prospective Bidder, amend the bidding documents.

         The amendment will be notified in writing or by cable 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 will have been taken into
         account by the Bidder in its bid.

         In order to afford prospective Bidders reasonable time in which to take the
         amendment into account in preparing their bid, the owner may, at its discretion,
         extend the deadline for the submission of bids.

13.      COST COMPENSATIONS FOR DEVIATIONS :
      Deviations specifically declared by the bidders in the respective Deviation
      Schedules of as per Annexure C (to be submitted along with techno-commercial
      offer) and respective cost of withdrawal of such deviation as per Annexure D (to
      be submitted along with the price bid) only will be taken into account for the
      purpose of evaluation. The bidders are required to declare the prices for the
      withdrawal of the deviations declared by them in the Deviation Schedules. Such
      prices declared by the bidders for the withdrawal of the deviations in the
      Deviation Schedules shall be added to the bid price to compensate for these
      deviations. In case prices for the withdrawal for declared deviations are not
      furnished by the bidder, their offer will be considered as unresponsive and will
      be rejected. In case the bidder refuses to withdraw the deviations at the cost of
      withdrawal indicated by the bidder in the Deviation Schedules, the bid Security /
      EMD of the bidder may be forfeited.

      Bidders may note that deviations, variations and additional conditions etc. found
      elsewhere in the bid other than those stated in the Deviation Schedules, save
      those pertaining to any rebates, shall not be given effect to in evaluation and it
      will be assumed that the bidder complies to all the conditions of Bidding
      Documents. In case bidder refuses to withdraw, without any cost to the Owner,
      those deviations which the bidder did not state in the Deviation Schedules, the
      bid security of the bidder may be forfeited and the bid is liable for rejection.

14.   (i)    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.


       (ii)   Manufacturers are requested to offer their pricing as per Annexure - B attached
              herewith.

15.   BID EVALUATION PROCEDURE :

      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, Cess, P&F charges etc.

      Original Basic Price         : Ex-Works Price (Rs.)=…Rs.
      +Packing & forwarding charges, if any : ..% on basic price only


      +Excise Duty**       –     ..% on (Basic Price + P & F)
      +Education Cess** –        ..% on ED
      +Sales Tax/VAT**     –     ..% on (Basic Price+ P & F + E.D.+Cess)
      +Freight             –     ..% on (Basic Price+ P & F) or any
                                   lump sum value
      +Insurance           –      ..% on (Basic Price + P & F + E.D. +Cess+ S.T.) or any
                          other value against documentary evidence or actual premium
                          in case of DVC‟s Open Policy (presently it is 0.0112% of basic
                          price).


      +Cost of withdrawal price - As declared by the bidder in Annexure-D            of
      declared deviations       along with price schedule.


      +Highest quoted price of                 -
      other bidders, in case the
      bidder fails to quote the
      mandatory items or description of item not as per our specification *

      +Type test charge/3rd Party Inspection -

      Charge as per our QAP with applicable taxes and duties, if any * -

      +Loss capitalization charges, if any* –


      +Any Other taxes and duties, such as TOT, Entry Tax, Municipal Tax
       etc. as applicable **-


      = Total Evaluated Price


      If the bidder fails to quote the mandatory items or description of items not as per our
      specification the bidder shall have to supply these items of goods/ services at a rate not
      exceeding the evaluated rate as mentioned above, in the event DVC decides to place
      order on him.


      The liability of DVC shall be as per actual ED as applicable at the time of despatch,
      subject to production of documentary evidence by the manufacturer (bidder). Further
      the rate of ED shall be restricted to as applicable within the contractual delivery period
      only. Increase in ED rate, if any due to delay in supply beyond the contractual delivery
      period shall not be payable by DVC if the reasons for delay is attributable to the vendor
      only. However, the benefit of any decreases in ED shall be passed on to DVC.


      The lines with * mark may be deleted wherever not applicable.
      ** = Rate as on date of bid opening to be taken.


16.   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.




17.        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.


18.        TRANSIT INSURANCE & REMOVAL OF REJECTED GOODS AND REPLACEMENT
           :


           The items to be supplied have to be covered by Insurance during transit from vendors
           work site upto the consignee store. However, the vendor may have the option to avail
           DVC‟s Open Insurance Policy for this purpose. Alternatively, vendor may arrange
           transit insurance coverage at his own risk and cost. The insurance charge as claimed
           by the vendor will be payable by DVC on actuals against production of documentary
           evidence.


           In Turnkey Project Contracts, the bidders have to supply materials / equipments 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 &
           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.
18.1   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 Owner 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.


18.2   In the event, the equipment and materials or any portion thereof are damaged or lost
       during transit, the owner shall give notice to the Supplier/vendor detailing the particulars
       of such equipments & 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.


19.    TERMS OF PAYMENT :


       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 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 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.



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) 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) 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.


       Remaining 10% after complete erection and commissioning & testing and handing over.


       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.


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.


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.



20.    ADDITIONS / ALTERATIONS / MODIFICATIONS :
       The Owner reserves the right to make additions/ 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.


21.    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. Such extension,
       however, can be accorded as per provisions in DFP. Date of delivery of
       materials/goods is to be reckoned as the date of receipt of same by the consignee.


22.    LIQUIDATED DAMAGES FOR DELAY IN DELIVERY :


22.1   The time remains the essence of any contract/ purchase order awarded by DVC and all
       supply under a Purchase Order/all deliverables under a Work Order needs to be
       completed within the stipulated time schedule. Therefore, the provision has been kept
       in the contract that in case of delay in completion/delivery, for the reasons attributable
       to the contractor/ vendor, owner reserves the right to recover from the
       contractor/vendor, a sum equivalent to 0.5% of the value of the delayed materials /
       equipment / spares / work for each week of delay and part thereof subject to maximum
       of 5% of the total value of the order as Liquidated Damage (LD).


       In cases, where the works/supply/services extend beyond the contractual completion
       schedule/delivery period and provisional extension order is issued without deciding on
       the application of LD, no amount from the RA bill will be deducted as “withheld LD”
       amount in case where adequate retention payment (over and above SD) remains with
       DVC as per terms of the contract.


22.2   Alternatively,   the    Purchaser     reserves   the    right    to   purchase     the
       material/spares/equipment from elsewhere at the sole risk and cost of the Vendor and
       recover all such extra cost incurred by the Purchaser in procuring the material by the
       above procedure.


22.3   Alternatively, the Purchaser may cancel the Order/contract completely or partly without
       prejudice to his right under the alternatives mentioned above.


22.4   In the event of recourse to alternative 22.2 and 22.3 above, the Purchaser will have the
       right to re-purchase the stores, to meet urgency in requirement caused by Vendor‟s
      failure to comply with the schedule of delivery irrespective of the fact whether the
      materials/equipments are similar or not.

23.   SECURITY DEPOSIT-CUM-PERFORMANCE GUARANTEE :
         No Security Deposit-cum-Performance Guarantee is required for contract value
          upto Rs. 5 lacs when 100% payment is released after full execution/ completion
          of the contract.

           Security Deposit in the form of BG of 10% ordered value/10% ordered value in
            Advance Bank Draft/Pro-rata deduction @ 10% from the running bill/submitted
            invoice may be allowed at the discretion of Tender Inviting Authority for any site
            packages upto Rs. 100 lacs (Rs. 25 lacs for HQ package/procurement) with
            EMD equivalent (2% of total order value) as initial SD.

           Pro-rata deduction @ 10% is also allowed as SD for scheduled upward variation
            on account of variation of scope/quantity/price for any value of contract
            irrespective of instrument used for original SD.

      The amount so deducted /accepted as SD to be refunded to the bidder after completion
      of warranty/guarantee period as mentioned in the contract.


      For all other cases, the successful tenderer will have to deposit as security, for
      satisfactory execution of the order, and for guaranteed performance of the supplied
      item/executed works or services for an amount equivalent to 10%of the ordered value
      in the form of Bank Guarantee (as per DVC format) within 30 days from the date of
      issuance of Purchase Order/Work Order, from any Nationalised / Scheduled Bank and
      it should have validity initially for 18 months from the date of execution of BG plus 6
      months claim period thereafter. The said BG should be extended suitably covering the
      entire warranty period plus 6 months claim period after despatch of materials.

      For turnkey projects/project contracts, this SDBG should have the validity covering the
      entire warranty/guarantee period plus six months claim period thereafter and to be
      submitted within 30 days of issuance of W.O. / LOA / LOI.

      No payment, whatsoever will be made till the acceptance of SDBG/deposit of initial SD
      as the case may be as per the terms of the contract.

      In case banks refuse to issue BGs having Claim Period separately, the validity period of
      those BGs may be taken as warranty period plus six months.

      However, for ordered value above Rs. 25 lakhs at Headquarter and for ordered value
      above RS. 100 lakhs at site, Security Deposit in the form of Bank Guarantee shall only
      be acceptable.

      SSI Units registered with NSIC, under its single point registration scheme, are
      exempted from depositing Security Deposit for ordering value upto the monetary limit
      for which the unit is registered. Small-scale industries seeking such exemption must
      enclose valid registration certificate from appropriate Govt. Authority giving details such
      as validity, stores, monetary limit etc. failing which exemption will not be granted.

      However, these SSI units will have to submit Performance Guarantee for the materials
      to be supplied as per DVC norms and to be submitted before the despatch of materials
      and no payment will be effected till the acceptance of the same.

      In case of acceptance of SD in the form of Demand Draft or pro-rata reduction from
      running bills/submitted invoices, the amount so accepted/deducted as SD may be
      refunded to the vendors after submission of acceptable BG of equivalent amount valid
      till expiry of warranty/guarantee period plus six months claim period or valid covering
      warranty/guarantee period plus six months.


24.   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.


25.   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.


26.   PATENT RIGHTS :


      Royalties and fees for patents covering materials/equipments/ spares or processes
      used in executing the work shall be to the account of the Vendor. The Vendor shall
      satisfy all demands that may be made at any time for such royalties and fees and he
      alone shall be liable for damages, infringement and shall keep the Purchaser
      indemnified in that regard in the event of any equipment / spares / material or part
      thereof supplied by the Vendor is involved any suit or other proceedings held to
      constitute infringement and its use is enjoyed, the Vendor shall, at his own expenses,
      either procure for the Purchaser the right to continue the use of such
      equipment/spares/material replace it with a non-infringing material / spares / equipment
      or modify it so it become non-infringing.


27.   FORCE MAJEURE :

      Vendor shall not be considered in default if delay in delivery occurs due to causes
      beyond his control such as acts of God, natural calamities, civil wars, fire, strike, frost,
      floods, riot and acts of unsurpassed power. Only those causes which have duration of
      more than seven (7) days shall be considered cause of force / calendar majeure. A
      notification to this effect duly certified by the statutory authorities shall be given by the
      Vendor to the Owner within 10 days from the date of such Force Majeure condition by
      registered letter. In the event of delay due to such causes, the delivery schedule will be
      extended for a length of time equal to the period of force majeure or at the option of the
      Owner the order may be cancelled. Such cancellation would be without any liability
      whatsoever on the part of the Owner. In the event of such cancellation, the Vendor shall
      refund any amount advanced or paid to the Vendor by the Purchaser and deliver back
      any materials issued to him by the Purchaser and release facilities, if any, provided by
      the Purchaser. However, applicability of Force Majeure Clause in respect to a particular
      contract in the above backdrop is to be decided by Tender Accepting Authority /
      Director / HOD.


28.   CANCELLATION/SHORT CLOSURE :


      The Owner may terminate/short close the contract, by not less than 30 days‟ written
      notice to the bidder, to be given after occurrence any of the events specified in the Sl.
      No. (a) to (e) of this clause and 60 days in the case of the event referred to Sl. No. (g),
      (h) & (f) below :


      a)     The Vendor fails to comply with any of the terms of the Order or the bidder do
             not remedy a failure in the performance of their obligations under the Contract,
             within thirty (30) days after being notified or within any further period as the
             Owner may have subsequently approved in writing.


      b)     The Vendor becomes bankrupt or goes into liquidation.


      c)     If as a result of Force Majeure, the Bidder is unable to supply a material for a
             period of not less than 60 days.


      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.


29.   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, 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.



      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.


30.   ELIGIBILITY CRITERIA          OF    JOINT    VENTURE        COMPANIES        IN   TURNKEY
      CONTRACT :

      a)     The participating Joint Venture companies formed by two or more firms shall
             have one firm as a „lead partner‟ and one or more firms as „other partner(s)‟.

      b)     The lead partner shall meet all the eligibility criteria in respect of similar executed
             works and their performance. The lead partner shall also meet not less than 40%
             of the minimum financial requirement specified for participation in the job.

      c)     The other partner(s) shall meet not less than 50% of the minimum credential of
             similar executed work and their performance and 25% of the financial
             requirement for the job.

             The firm satisfying the credential by way of manufacturing, type testing and
             supplying major substation equipment/line materials (as the case may be) which
             are in satisfactory operation for a minimum period of two years will also be
             eligible.
      d)    The financial credential of each of the partners of the joint Venture Firms added
            together shall comply with minimum qualifying requirement as stated in the NIT.


      e)    The lead partner shall be authorized to incur liabilities and receive instruction for
            and/or on behalf of partners of Joint Venture and the entire execution of the
            contract including receipt or payment shall be done exclusively through lead
            partners. The authorization shall be authenticated by submitting power of
            attorney signed by the legally authorized signatories of all the partners as per
            approved proforma of DVC.

      d)    All the partners of the Joint Venture Companies shall be liable jointly and
            severally for the execution of the contract, if awarded, in accordance with the
            settled terms & conditions and a copy of agreement entered into by the Joint
            Venture partners having such provision shall be submitted with the bid. A
            statement to this effect shall be included in the authorisation mentioned under (e)
            above.

      e)    The Joint Venture of the firms shall furnish all the required information as asked
            for in the NIT / GCC / Specification in respect of each of their partners in their
            bid. In case of successful bid, the form of agreement shall be signed so as to be
            legally binding on all the partners.

            The format of the power of attorney and other documents to be submitted by
            Joint Venture Partners as indicated in (d), (e) & (f) may be suitably structured by
            our Legal Department.


31.   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, however, permitted to propose new/different Sub Vendor for approval
      of DVC in the pre and post bid stage.


      For QR related supply items, if any new sub-vendor is proposed by the bidder, it may
      be approved if it is found to meet the QR and 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.


32.   CHANGES IN CONSTITUTION OF BUSINESS :

      In the event of change in constitution of business of the contractor after issuance of
      contract due to merger/acquisition/any other reasons, the newly formed entity shall be
      equally held responsible to fulfil the contractual obligation. This is notwithstanding
      anything contained in NIT or subsequent LOI / LOA / GCC or any other document
      issued or provisions contained in any other Rules / Acts / Legislation.


33.   WAIVER :


      Any waiver by the Owner of any breach of the terms and conditions of the Order shall
      not constitute any subsequent breach of the waiver of any other right or conditions.


34.   COMPLIANCE OF REGULATIONS :


      The Vendor shall warrant that all Goods and/or services covered by this Purchase
      Order/ contract shall have been produced, sold, dispatched, delivered, tested and
      commissioned in strict compliance with all applicable laws, regulations including
      industries (Development & Regulations) Act, 1951 & Industrial Dispute Act, 1947 and
      any amendments there under, labour agreements, working conditions and technical
      codes and requirement as applicable from time to time.


      All laws, rules and regulations required to be followed in execution of the order /
      contract, must be complied with. The Vendor should execute and deliver such
      documents as may be needed by the Purchaser/ owner in evidence of compliance. Any
      liability arising out of contravention of any of the laws on executing this order shall be
      the sole responsibility of the Vendor and the Owner shall not be responsible in any
      manner whatsoever.


35.   SUB-LETTING & ASSIGNMENT :

      The Vendor shall not sub-let or assign any part of this Purchase Order/ contract to any
      other vendor/agency without the prior written consent of the Purchaser / owner. Such
      assignments or sub-letting or transfer shall not relieve the Vendor from any obligation,
      duty and responsibility under this Purchase Order / contract. Any assignment, transfer
      or sub-letting without the prior written approval of the Owner shall be void. The
      Purchaser / owner shall have the right to cancel the order/contract and to purchase the
      goods/services from elsewhere and the supplier/vendor shall be liable to the Purchaser
      / owner for any loss or damage which the Purchaser / owner may sustain in
      consequence or arising out of such purchase and the Vendor shall indemnify such loss
      or damage to the Owner.


36.   VENDORS DRAWING & DATA :

      All Drawings, data and documentation in respect of the ordered items are an integral
      part of the Purchase Order / contract. The Vendor will furnish all such drawings, data
      and documentation to the Purchaser / owner. Purchaser / owner will specify the
      schedule for submission of these documents by the Vendor and the required number of
      copies. The vendor shall ensure strict compliance to this schedule.



37.   INFORMATION PROVIDED BY THE PURCHASER :


      All Drawings, data and documentation that are given to the vendor by the Purchaser /
      owner for the execution of the Order / contract shall be the property of the Purchaser /
      owner and shall be returned by the Vendor on demand by the Purchaser / owner. The
      Vendor shall not make use of any of the above documents for any purpose at any time
      except for the purpose of executing the Order / contract of the Purchaser / owner. The
      Vendor shall not disclose any of the information given by the Purchaser / owner to any
      person, firm, corporate body or authority and shall make all endeavours to ensure that
      the above information is kept confidential. All such information shall also remain the
      absolute property of the Purchaser/owner.


38.   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.
39.   VENDORS LIABILITY :


      Vendor hereby accepts full responsibility and indemnifies the Purchaser/owner and
      shall hold the Purchaser / owner harmless from all acts of omissions and commissions
      on the part of the vendor, his agents, his subcontractors and employees in execution of
      the Order. The Vendor also agrees to defend and hereby undertakes to indemnify the
      Purchaser / owner and also hold him harmless from any and all claims of injury to or
      death of any and all persons including but not limited to employees and for damage to
      the property arising out of or in connection with the performance of the work under the
      Purchase Order / contract.


40.   PACKING AND MARKING :


      All goods shall be securely packed in cases, bundles, crates etc. suitable for Rail /
      Road / Air / Sea transport. All exposed services/connections, protrusions shall be
      properly protected. All unexposed parts shall be packed with due care and the
      packages should bear the words “Handle with Care”. The packing of the goods to be
      transported by Rail / Road / Air / Sea shall be as per the conditions laid down by the
      appropriate authorities and the Vendor shall obtain clean railway / goods receipts
      without any qualifying remark.


      All packages and unpacked materials shall be marked on at least two places indicating
      the name of the Purchaser/ Consignee, Purchase Order No., gross & net weights and
      dimensions with indelible paint in English. In case of bundles, metallic plates marked
      with the above details shall be tagged.


      All goods should be despatched as per the relevant terms of the Purchase Order. In
      case any mode of transports has to be resorted to other than that mentioned in the
      Purchaser Order, the same should be done only after obtaining prior approval in writing
      from the Purchaser. All movement sanctions, loading permissions etc. from the railway
      or other authorities shall be obtained by the Vendor. The Vendor shall communicate the
      relevant dispatch particulars immediately on dispatch by telex/telegram to the
      consignee as specified in the Purchase Order.


      The Vendor shall also forward original and copies of dispatch documents to the
      concerned authorities as required in the Purchase Order within two days from the date
      of despatch, failing which the Vendor shall be responsible for any delay in payments of
      consignment for want of documents and consequent demurrage, detention charges,
      etc.


41.   MODIFICATIONS :

      This order constitutes an entire agreement between the parties hereto. Any
      modifications to this Order shall become binding only upon the same being confirmed in
      writing duly signed by both the parties.
42.    GUARANTEE / WARRANTY :


42.1   The Vendor shall warrant that all material / equipment / services supplied under this
       Order / contract shall be new, unused and conform to the Purchasers / owners
       requirements and specifications. The Vendor shall guarantee the material / equipment /
       services under this Order for a period of 18 months from the date of delivery or 12
       months from the date of commissioning whichever is earlier.


       For turnkey contracts, Guarantee / Warranty period is to be considered as 12 months
       from the date of commissioning of the same irrespective of date of delivery. The date of
       delivery to be reckoned as the date of receipt of the material by the consignee. The
       Vendor shall agree to replace any material, which has been proved defective or fails to
       conform to the desired specifications free of cost to the Purchaser within the
       Guarantee/Warranty Period. The guarantee period for such replaced part shall be the
       same as that of equipments / materials specified earlier.



42.2   Checking / approval of vendors drawings, inspection and acceptance of material /
       spares / equipment / furnishing to effect shipment and / or work done for erection,
       installation and commissioning of the equipment by the Purchaser/owner or any other
       agency on behalf of the Purchaser / owner shall not in any way relieve the Vendor from
       the responsibility for proper performance during the guarantee period.



42.3   Service contracts like hiring of vehicle / Insurance / consultancy / Clearing & Forwarding
       services etc and other consumable items like stationeries, printing of matter etc. are
       beyond the purview of Warranty Clause.

       Also Medicines / Chemicals / Liveries & Dungrees / Petrol / Diesel / LDO / FO etc. are
       generally covered with limited warranty and it should be decided before floating enquiry
       at the discretion of TIA.


       Performance Bank Guarantee for above items to be asked accordingly.


       Before floating of enquiry, Indentor / TIA at his discretion and depending on the
       technical intricacies of the procurement of goods and services may decide on the
       period of warranty / guarantee.


43.    MODE OF DESPATCH :


       Vendor shall despatch the materials as per schedule mode of despatch as indicated in
       the purchase order/contract and any violations to this effect without taking prior written
       approval from the purchaser/owner is not permissible.
44.   DEMURRAGE / WHARFAGE :


      In cases where documents are negotiated through Bank, any consequential charges
      e.g. demurrage / wharfage charges, due to late retirement of documents on account of
      (i) violation of the inspection clause, (ii) material despatched after expiry of delivery
      period without obtaining approval in advance for extension of delivery period (iii)
      despatch of materials not as per schedule mode of despatch by approved transporters
      as per P.O/contract. (iv) late receipt of invoice or due to violation of any other
      clause/clauses of the purchase order will be to the Vendors account. Supplier would
      also be responsible for all such payment due to late receipt of RR/LR and other
      documents.


45.   GRAFTS / COMMISSION :


      Any graft, commission, gift or advantage given, promised or offered by or on behalf of
      the Supplier or his partner, agent officers, director, employee or servant or any one on
      his or their behalf in relation to the obtaining or to the execution of this or any other
      Contract with the Owner, shall in addition to any criminal liability which it may incur,
      subject the Supplier to the cancellation of this and all other Contracts and also to pay
      for any loss or damage to the Owner resulting from such cancellation. The Owner shall
      then be entitled to deduct the amount so payable from any money otherwise due to
      supplier.



46.   ACCEPTANCES :


      The Vendor shall return the duplicate copy of the Purchase Order / contract / Work
      Order and the other enclosed documents duly signed with seal and date as a mark of
      acceptance, within 15 days from the date of issuance of the order to the Order Issuing
      Authority.



47.   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 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 law 1996 or latest and the decision /
      judgment of Arbitrator/Arbitrators shall be final and binding on both the parties.
However, in case the contractor is a Central Public Sector Enterprise/ Govt.
Department, the dispute arising between the „Owner‟ and the „Contractor‟ shall be
settled through Permanent Arbitration Machinery (PAM) of the Department of
Public Enterprise, Govt. of India as per prevailing rules.


All suits arising out of this enquiry and subsequent purchase order / contract, If any, are
subject jurisdiction of Court in the City of Kolkata only and no other Court, when
resolution/settlement through mutual discussion and arbitration fails.

				
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