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:: TANGEDCO ::METTUR THERMAL POWER STATION / METTUR DAM - 6.

SPECIFICATION NO: CE/MTPS/MM/AEE-1/ O.T. 619/ 2013-14.INVITATION FOR BID

For and on behalf of TANGEDCO, sealed tenders are invited under Open Tender-Two Part System for the following material :

1. Description of material Fabrication and supply of Guillotine Gate assembly (Hot AirGates)for Unit-I, II, III & IV Mill Plant – 6 Nos.

2. Specification No. CE/MTPS/MM/AEE-1/O.T. – 619/ 2013-14.3. Earnest Money Deposit Rs.63,900/-(Rupees Sixty Three Thousand Nine Hundred only)

1)Drawn in favour of SE/P&A/MTPS payable at Mettur dam-1for those tenders who opt to submit the tender at MTPS.2)Drawn in favour of the TANGEDCO collection accountpayable at Chennai for those tenders who opt to submit the tenderat office of CE/ Mech /TS/Chennai.

4. Schedule for receipt and opening of bids:a) Date of commencement of sale of tender specification : 20.09.13.b) Date and time of closing of sale of Tender Specification:14.00 Hours on 21.10.13.c) Last date and time for receipt of Tender : Up to 14.00 Hours on 21.10.13.d) Date and time of opening of Tender : At 14.15 Hours on 22.10.13.Note: i) If any of the above date happens to be a holiday, the next working day will be the

due date. ii) Tender sets are not transferable.

5. Place of opening oftender

1) Office of C.E./Mech./Thermal stations, Chennai,for thosetenders who opt to submit the tender at O/CE/Mech/TS/Chennai.2. Office of the Executive Engineer/MM/MTPS.

6. Validity of offer 180 days from the date of opening. Offer with lesser validityperiod is liable for rejection.

7. Method of submission oftender

Open Tender – Two Part System

8. Number of tendercopies to be furnished

ONE

9. Clarification to besought from

Superintending Engineer/P&A,MTPS/Mettur Dam – 636 406.

10. Cost of tenderspecification, if obtainedin person (Non-refundable)

i) Rs.5,000/- for Firms within & outside Tamil Nadu(Additional amount of Rs.100/- to be paid, if required by post.Demand draft / Banker’s cheque for an amount along with postalcharges drawn in favour of SE/P&A/ MTPS payable at MetturDam shall be sent well in advance to get the specification bypost.)ii) At free of cost if down loaded from website.

11. BID QUALIFICATIONREQUIREMENT:

1)The bidder should be a manufacturer /fabricator of Hot AirGate assembly / Damper Assembly suitable for air ducts of210 MW or higher capacity Boiler/Mills.

2) The bidder should have executed the order for a value notless than Rs.15.97 Lakhs within the past 5 years as on thedate of tender opening to any of the 210 MW or highercapacity Thermal Power Stations of State or CentralGovernment organizations/Public Sector Undertaking/SEB inIndia.

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3) The bidder should have annual turnover of not less thanRs.15.97 Lakhs in any of the last three consecutive financialyears (2010-11, 2011-12, 2012-13). Attested photocopies ofAnnual Audited statement /Balance sheet /Income taxStatement duly certified by the chartered Accountant for theyear concerned should be enclosed. The bidders may alsoenclose any one of the following documents as a proof ofturnover.

i)Attested copy of the income tax return filed by the bidder. ii)Attested copy of Sales tax clearance certificate. iii)Attested copy of enlistment certificate issued by NSIC

containing turn over details of the bidder for the respectiveperiod.

The proof for the above BQR should be kept in the overallouter cover, failing which their bid will be summarily rejected.

12 Specification available at 1.O/o Superintending Engineer/P&A/ MTPS} In person2.O/o DFC/MTPS } or By Post3.TNEB’ website( www.tneb.in & (www.tenders.tn.gov.in) byfree of Cost

13. DELIVERY PERIOD Within 30 days from the date of receipt of P.O.

1.0. If the tenderer does not keep the DD/Banker’s cheque for the cost of EMD inside the OuterCover’ the tender will be summarily rejected and the inner cover will not be opened.

2.0 If the Tenderer downloads the tender documents through website(www.tneb.org),need not keep the DD / Banker’s cheque, for the cost of documents.

3.0. If the tender Specification copy received by person or by post, DD/Banker’s cheque for the costof specification should be taken on or before the last date of sale of specification.

4.0 The Board will not be responsible for any loss or delay of document by post.

Executive Engineer/MM,For CHIEF ENGINEER/MTPS.

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ANNEXURE -ISPECIFICATION NO. CE/MTPS/SE/P&A/MM/AEE. 1/O.T. No.619/ 2013-14S No Description Of the Materials Qty1. Fabrication and supply of Guillotine Gate assembly (Hot Air Gates)for Unit-

I, II, III & IV Mill Plant.6 Nos.

Technical Specification:Fabrication and supply of Guillotine Gate assembly of size 1160 MM x1160 MM. Pneumaticoperated, single power cylinder, Guillotine vertical type ensuring 100% sealing withHastelloy material seals including all pneumatic and electrical accessories with pipeconnections.

HOT AIR GATEPower operated Single Cylinder Guillotine Gate ensuring 100% Sealing efficiency.Duct size 1160 x 1160 mmPressure 1200 mm of WCLAir Flow 90 T/hrWorking Medium Hot Air with Operating temperature of 3500cFrame Rolled section carbon steelGate Blade Corten Steel plateSeels Hastalloy C 276Shaft 1045 CRS/SA 193 B7Bolts and studs in seals Stainless Steel/Galvanized Bolts and StudsBearing High Temperature Bush typeAdjusting Bolt High Tensile carbon steel

HOT AIR GATE SOLENOID VALVEMake ASCOType 4 way dual coil solenoid valveCAT No NFHT8344 B054M0Pipe size ¾”Orifice size ¾”(19 mm)Body Material BrassMinimum Operating Pressure 0.7barMax. operating Pressure 20 barEnclore Weather proof & explosive proofCable Entry ½”NPTVoltage/freq 110V/50HzWattage 10.5 WattsExhaust 1”

Executive Engineer/MM,CHIEF ENGINEER/MTPS-I/METTURDAM

Encl: 1. Annexure- A.(Commercial Terms & Conditions) 2. (Schdules A to G) 3. Format for Bank Guarantee for S.D. 4. Format for Undertaking in lieu of payment of EMD.1. Copy to the S.E / M-I /MTPS.2. Copy to the EE / MP/ MTPS, w. r. to Indent No.: 33 Dt 20.07.13.

– To check the specification & deviation if any shall be intimated immediately.3. Copy to EA to Superintending Engineer/ P & A / MTPS.4. Copy to steno to SE/P&A/MTPS ( For Websites)5. Copy to CE/Mech./TS, Chennai (Date of opening : 22.10.13.)6. Copy to DFC / MTPS - Encl: Tender Specification – 1 Set.7. Copy to AAO / CASH / MTPS – To accept the cost of specification

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ANNEXURE – A

SUBMISSION OF TENDER:The tender shall be submitted in Two-Part System as detailed below.The Tenedrer shall submit their bids in two covers at the same time on or before the

notified date and time fixed for submission of the tender.

1)The Cover-A shall contain:-Technical specifications, deviations from specifications and other technical details.Commercial terms like payment terms, S.D., liquidated damages, guarantee clause etc.Any other information other than price.An attested copy of latest STCC attested by a Notary Public/ Chartered Accountant/

Gazetted Officer.The xerox copy of the PAN card issued by the Income Tax department.Schedules as per list below:

A : Price Schedule.B : Deviation from Technical SpecificationC : Deviation from Commercial TermD : Past PerformanceE : Draft undertaking for payment of dues to TNEBF : Draft undertaking for legal proceedings jurisdictionG : Declaration

Cover – A shall not contain any price bid.2) Cover - B shall contain:

The price bid.3) The Overall cover shall contain :-Cover-ACover-B.The documents to satisfy the BQR.4) The following documents can be kept either in Over all envelope or in Cover –A:Demand Draft or Banker's cheque for payment of EMDXerox copy of Payment Receipt for the payment of cost of specification for those who got the

Tender documents directly.

Cover-A, Cover-B & the Overall cover shall be individually sealed and sent toreach the SE/P&A/MTPS / METTUR Dam –636 406 with superscription “Tender inrespect of Specification No: CE/MTPS/SE/P&A/ MM / AE3 /OT .No: /2012-13 on orbefore the notified time & date.” The tenders will be received by Executive Assistantto SE/P&A /MTPS. Incase, if the tender is delivered in Person, the tenders should behanded over to EA to SE/P&A/MTPS.

The Tenderers may also submit their tender at Office of Chief Engineer /Mechanical, Thermal Stations, NPKRR Maaligai, Annasalai, Chennai –2 . In this casethe tenders will be received by EA to CE/Mech. / TS, Chennai.

OPENING OF TENDERS:Note: Tenderers shall quote only for the stipulated technical specifications.Technical bids of the Tenders will be opened at Two places. One at the office of the Chief

Engineer / Mechanical / Thermal Stations, Chennai –2 and other at Office of ExecutiveEngineer/ MM / MTPS/ Mettur Dam-6 at 14.15 Hrs on the due date in the presence ofsuch of those tenderers who may desire to be present. The individuals attending theopening of tenders should be duly authorised by the participating firms in the tender. Thetenderer or his Authorised representative can choose to be present for Opening of Bidsat the place where he has submitted the bid.

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2) If the date of receipt of the tender is declared as a holiday, the tender will beopened on the next working day at 14.15 hours. Quotations sent by Telegram / Telex / Faxwill not be accepted.

3) At the time and date notified for opening of the tenders, the overall envelope willbe opened and bids which do not contain the documents to satisfy the BQR will beREJECTED straight away. Payment of EMD and Xerox Copy of Permanent receipt towardscost of specification for those who got the Tender documents directly can be kept inside overall envelope or in Cover –A. If Payment of EMD and the xerox copy of PR towards cost ofspecification for those who got the Tender documents directly or attested copy of DD takentowards purchase of the tender specification are not kept inside either in over all envelopeor in Cover –A, the bids will be summarily REJECTED. Cover-B of these bids will not beopened.

Cover-A of those bidders who satisfy the documents to satisfy the BQR will be opened next.If any of the tenderer indicates the price in Cover-A the bid will be not be read out and rejected.

Cover-B shall not be opened on the due date of opening , but will be authenticatedon the covers by the officers authorised to open the bids. The date of opening of the pricebids will be intimated after analysing the technical bids.

4) Tenderers are advised to peruse all the clauses in the specifications andinstructions to tenderers before quoting. If the tenderer has any doubt in any of the clause inthe specification, he is advised to get clarification on the same from Superintending Engineer/P&A/Mettur Thermal Power Station/Mettur Dam - 636 406 in writing so that the doubts arecleared before the submission of the tender. But in any case the clarification should begot cleared within 10 days from the date of publication of the tender notice.

5) The Board reserves the right,To reject the lowest or any tendersTo split up and place orders for individual items on one or more tenderers.

To revise the quantities given in the specification.6) All information in the bid shall be in English only. All corrections, over typing etc. in

the tender should be authenticated.7) DEVIATIONS: Offers which conform to the Technical & Commercial specifications

without deviations will be preferred. However the deviations, if any shall be indicated in theschedules B & C only. Any other deviations mentioned elsewhere other than the schedulesB & C of deviations will be ignored and it will be construed that the offer is as perspecification.II. REJECTION OF TENDERS:

The tenders will be rejected if BQR not satisfied. Received with out EMD.

(a) Offered with a lesser validity period mentioned under clause IX. Not in conformity with Board’s Technical Specifications

Not signed by the tenderer. Received after the due date of time. Received by Telegram/Telex/Fax/E-Mail. Received from black listed firms. From a tenderer whose past performance or vendor rating is not satisfactory. From a tenderer who is directly or indirectly connected with Government service or

Board’s service or service of local authority.III. PRICE:

i)The prices quoted shall be firm on F.O.R. Destination giving breakup thereof for anylevies, ST, P&F, Freight, Insurance etc.

ii) The rates quoted should be furnished both in figures and as well as in words. iii) The Excise Duties, Sales Tax and other levies should be clearly furnished with

percentage in the price. The Concessional Excise Duty or Sales Tax, if any should bementioned.

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iv)The Freight and Insurance charges, Packing & Forwarding charges should be shown separately. Packing & forwarding, Freight and Insurance charges will be paid only at

actuals on production of voucher and not on percentage basis. v) Necessary certificate / Form ‘C’ will be furnished to avail concessional rate of VAT / CST

respectively subject to clearance from the VAT cell. vi)The Declaration Certificate will be issued to the supplier for levying S.T. @ 4% only on

sale of any goods except Petrol, Diesel and Cement to the Board as per G.O.Ms.No. 31,Commercial Taxes (B2) dt.27.3.2002.

IV) EARNEST MONEY DEPOSITi). a) For those tenderers who opt to submit the tender at MTPS, the specified EMD

shall be remitted by Demand Draft or Bankers Cheque payable at Mettur Dam & drawn infavour of the Superintending Engineer/P&A/MTPS.

b) For those tenderers who opt to submit the tender at Office of CE/ Mech /TS/Chennai, the specified EMD shall be remitted by Demand Draft or Bankers Chequepayable at Chennai & drawn in favour of the TNEB collection account.

ii) The SSI Units located within the State and registered with the Tamil Nadu SmallIndustries Development Corporation or holding Permanent Registration Certificatefrom the District Industries Centres of Directorate of Industries and Commerce / NSIC( National small scale industries corporation) in respect of those items for which theRegistration Certificate, and the Tenderers who have furnished EntrepreneurMemorandum Part – II and acknowledgement issued by District industries Centresconcerned for the Entrepreneur Memorandum Part –II subject to ensuring that thematerials tendered / services to be provided has been furnished in the format –II areexempted from payment of EMD, but shall furnish an undertaking on a non-judicialstamp paper of value Rs.80.00 to pay as penalty an amount equivalent to EMD or anamount equal to the actual loss incurred, whichever is less, in the event of non-fulfillment or non-observance of any of the conditions stipulated in the contract,consequent on such breach of contract.

iii) However, it will be ensured the existence /availability of production facility etc of thetenderer whose offer has been opened based on Entrepreneur Memorandum Part –IIand the acknowledgement obtained for Part –II of Entrepreneur memorandum bycarrying out necessary inspection before finalising the tender.

iv) Unemployed Engineers (both Engineering Graduates and Diploma Holders) areexempted from payment of full EMD payable by them limited to 1% of the contractvalue of the tender/works not exceeding Rs.2.0 lakhs.

v) The tenderers other than foreign tenderers / SSI unit/State Government Public Sectorundertaking who are exempted from payment of EMD shall furnish an undertaking ona non-judicial stamp paper of value Rs.80.00 to pay an amount equivalent to EMD incase of non-fulfillment of the conditions stipulated in the contract.

vi) The State Government Public Sector undertakings are exempted from payment ofEMD, but should pay as penalty an amount equivalent to the amount fixed as EMD inthe event of non-fulfillment or non-observance of any of the conditions stipulated inthe contract.

vii) The bidder should furnish the audited attested copy of profit and loss account,balance sheet along with the proof for exemption from payment of EMD inorder to ensure the SSI status of the firm based on the investment held inplant machinery for extending exemption from paying EMD.

viii) Proof for exemption from payment of Earnest Money Deposit or DD/Banker’s chequetowards the Earnest Money Deposit shall be furnished in the outer sealed cover or in

cover Aix) The tenders received without Earnest Money Deposit / Proof for exemption of will be

rejected.

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x) The Earnest Money Deposit will be refunded to the unsuccessful tenderers onapplication after intimation of rejection of tender is sent. The amount will not carryany interest. The refund of EMD for the unsuccessful tenderer shall be made at thesame office where the bids have been submitted. The Earnest Money Deposit isliable to be forfeited, if the tenderer withdraws his tender after acceptance of histender or violate any of the tender condition .

xi) The EMD of successful tenderer will be adjusted towards SD. xii) The tenderers who are registered with DGS & D Rate Contract and having Permanent

EMD at TNEB Head Quarters are not exempted from payment of EMD against thistender.FORFEITURE OF E.M.D.

The EMD made by the tenderer will be forfeited on the following conditions. i. If he withdraws the tender after acceptance. ii. If he withdraws the tender before the date of expiry of the validity of the tender. iii. If the successful tenderer fails to remit the S.D. amount. iv. If he violates any of the provisions of the regulations or the condition

of tender issued by the competent authority.V. DELIVERY:

i) PLACE OF DELIVERY: The Stores Controller / M.T.P.S. / Mettur Dam 6.ii) The delivery period shall be as mentioned under clause-I of this enquiry.iii) The offer from ready stock is preferable.

VI. PAYMENT:Payment for supplies against this order shall be made as follows: -i)For the materials delivered within delivery period:

100% of all inclusive price on receipt of materials in good condition at siteincluding price variation bills (in case P.O. is placed on price variation basis) within areasonable time will be paid against submission of bills with required documents afterdeducting recoveries, if any.

ii)For the materials delivered beyond delivery period.100% of all inclusive price on receipt of materials in good condition at site including

price variation bills (in case P.O. is placed on price variation basis) within a reasonable timewill be paid against submission of bills with required documents after deducting LD and otherrecoveries, if any.

iii) the delayed payments, if any, Board will not pay any interest on any account. iv) No advance payment / payment thro’ Bank or against Proforma invoice will be made.

Note:- Payment for supplies will be made by cheque on any one of the commercialBank or their branches in Tamil Nadu as may be decided by the Board from time to time.Exchange commission for issue of Draft will be to the account of the supplier.VII. SECURITY DEPOSIT:

1) The successful tenderer will have to pay a Security Deposit of 5% of the valueof the contract in the form of DD or Bankers Cheque payable at Mettuiii)r Dam and drawnin favour of SE/P&A/MTPS.

The contract will become effective only if the S.D. is paid. The S.D. shall be paidwithin 30 days from the date of receipt of the P.O. or before commencement of deliverywhichever is earlier.

The Board reserves the right to cancel the P.O. on failure to furnish the S.D. withinthe prescribed time limit with the forfeiture of E.M.D. paid .

The Board also reserves the right to accept the belated payment of S.D. with levy ofinterest @ 22%.VIII. LIQUIDATED DAMAGES:

If the contractor fails to deliver the materials/ complete the works within the time specified inthe Contract or any extension thereof, the purchaser shall recover from the contractor as LiquidatedDamages a sum of half percent (0.5 percent) of the contract price of the delayed works / undeliveredmaterials for each completed week of delay. The total Liquidated Damages shall not exceed Ten

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percent (10 percent) of the contract price of the materials so delayed / undelivered. The date ofreceipt of materials at Stores will be reckoned as date of delivery for this purpose.

IX. VALIDITY: The quotation shall be valid for not less than 180 days from the date of opening.X.SAMPLE: Not Applicable

XI. TEST CERTIFICATE: Manufacturer’s test certificate shall be enclosed with each consignment of thematerials supplied. .XII. A. GUARANTEE: The materials supplied shall be guaranteed for a period of 18 months fromthe date of receipt at site in good condition or 12 months from the date of commissioningwhichever is later subject to an overall guarantee period of 24 months from the date ofsupply for satisfactory operation and good workmanship under normal and proper conditionsof service & maintenance. Any defect noticed during this period should be rectified by thesupplier free of charge to the Board.XIIB. Performance BANK Guarantee : You are requested to furnish a Bank Guarantee executed by any of theNationalised / Scheduled Banks to the tune of Five percent (5 %) of the total value of thecontract upto the guarantee period as indicated in clause XII-A of this section towardsperformance guarantee before effecting supply. The value of stamp paper shall be Rs. 80/-

The Bank Guarantee towards performance made by the contractor will bereturned only after the expiry of the guarantee period. If during the above period, any of thematerials supplied by the contractor are found to be defective in material or in workmanship,the same shall be rectified or replaced at destination free of charge.

XIII. INSTRUCTION TO THE TENDERERS:i)The quotation shall be sent in sealed covers with superscription so as to reach the

Superintending Engineer/Purchase and Administration/ MTPS (or) Chief Engineer/Mechanical/Thermal Stations/ Chennai - 2 before 14.00 hrs. on the due date.

ii) The quotations received against this enquiry will be opened on the due date at 14.15hours in the presence of such of those tenderers or their authorised representatives who are present at the time of opening the Tender. iii) If the due date of the tender opening is declared as a holiday, the tender will be openedon the next working day at 14.15 hours. iv) Quotations sent by Telegram / Telex / Fax /E-Mail will not be accepted. v) DGS & D rates for the items mentioned in the enquiry may be furnished whereverapplicable along with the copy of latest DGS & D rate contract for reference. vi) Quantity indented may be altered to suit the purchaser at the time of placing order. vii) Board reserves the right not to accept the lowest or any tender.

XIV. SALES TAX CLEARANCE CERTIFICATE & I.T. PAN: 1) The latest S.T. Clearance Certificate attested by a Gazetted Officer /

Chartered Accountant / Notary Public valid for the current year shall be enclosed along withthe quotation.

2) The Xerox copy of PAN Card issued by the IT department shall be enclosedalong with the quotation.

XV. EXCISE DUTY:

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1. Any difference in duties due to coming over into different slab or due to statutoryvariation, if any, during the execution of the contract will have to be taken into account and theprice shall be quoted accordingly by the tenderer. Any variation in Excise Duty shall not beadmitted.

2) In case of delayed delivery, the duty/tax prevailing on the date of despatch orthe duty/tax on the last day of the contractual delivery period whichever is LESS will beadmitted. For both the cases, the supplier shall furnish documentary evidence while submittingthe bills for payment.

3) The Excise Duty will be admitted on submission of evidence for having paid theExcise Duty.

XVI. EVALUATION: i) The evaluation shall include all Central Duties such as Customs Duty and Central Excise Duty and Sales Tax as a part of the price, as detailed below and Packing & Forwarding and Freight & Insurance charges.

ii) In case of imported items, the price has to be determined inclusive of the customsduty.

iii) In case of articles, which are subject to excise duty, the price has to be determined inclusive of such excise duty. iv) In a tender where all the tenderers are from within the state of Tamilnadu, or where all the tenderers are from outside the State of Tamilnadu, the Sales Tax shall be included for the evaluation of the price; and v) In a tender where the tenderers are both from the State of Tamilnadu as well as

from outside the State of Tamilnadu, the TNVAT quoted by the tenderer situatedinside Tamilnadu shall be excluded & the CST quoted by the tenderer situated

outside Tamilnadu shall be included. vi) In case of AMC, Bidder shall submit the rate of the AMC for one year, which will be taken in to account while evaluating the lowest bidder. However the work acceptance order for AMC will be awarded only after completion of the Guarantee

period.

XVII.PRICE PREFERENCE:No price preference will be given in evaluating the offers in view of the provision for

extending the price preference is withdrawn in Tamilnadu Transparency in Tenders Act.

XVIII.NEW ENTRANT: i)The firm shall be declared as New Entrant who have not previous experience of supply for the tendered items but have infrastructure / manufacturing facility as per the Inspection

report of Third Party Inspection or Board Engineers.ii)The new entrant is eligible for placement of order provided the firm is evaluated L1

tenderer.iii)The new entrant shall satisfy all technical, commercial and BQR conditions except BQR condition of previous experience of supply and financial turnover criteria.iv)Board has right to place order up to 10% of tendered quantity. In case more than one new entrant have become evaluated L1, Board has right to place order up to 10% of tendered quantity on each new entrant.v)The firm who have got order under new entrant category in TNEB shall be eligible for placement of order under regular category in subsequent tenders, if they satisfy the conditions of satisfactory period of service, if any, stipulated for the materials even if the quantity supplied is lesser than the minimum quantity stipulated in the tender document.

Till the firm satisfactory period of service, if any, stipulated for the materials the firm is noteligible for getting order again as new entrant.

XIX. SUPPLY AT LOWER RATES: Not applicable.

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XX. LOSS OR DAMAGE:i) You are responsible for the safe delivery of the equipments / materials at

destination.ii) You are responsible to assess the damages or shortages that occurred in transit

and to pursue the claims with the insurers / carriers.iii) External damages and or shortages that are prima facie the results or rough

handling in transit or due to defective packing will be intimated within 21 days (3 weeks) ofthe receipt of the materials at site. Internal defects, damages or shortages of any integralparts, which cannot ordinarily be detected on a superficial visual examination, due to badhandling in transit or defective packing would be intimated within one month from the date ofreceipt of materials at site. In any case the defective parts should be replaced by you free ofcost.

iv) In the event of supplies being received damaged or short at the destinationstation, the cost of such materials, Railway freight, Sales Tax (If payable) and insurancepremium and other charges payable thereof will be paid only proportionate to the value ofthe materials received in good conditions, unless the damaged goods or short supplies aremade good free of cost by you.

v) Any defect of manufacture discovered after the first and before second paymentshould be rectified free of charge and all defective materials replaced.

XXI. REPLACEMENT OF DEFECTIVE / DAMAGED MATERIALS:Not withstanding anything contained in the above liquidated damages clause, when

the whole or part of the materials supplied by the supplier are found to bedefective/damaged or are not in conformity with the specification or sample, suchdefects or damages in the materials supplied shall be rectified within two monthsfrom the date of intimation of defects/damages either at the point of destination or atthe supplier’s works, at the cost of supplier, against proper security andacknowledgement. In the alternative, the defective or damaged materials shall bereplaced at free of cost within two months from the date of receipt of the intimationfrom the purchaser. If the defects or damages are not rectified or replaced within thisperiod, the supplier shall pay a sum towards liquidated damages as per liquidateddamages clause given above, for the delay in rectification/replacement of the defectsor damages.

(ii) If even (ii) If even after such rectification or replacement of the damaged or defective part, if theequipm equipment/materials ordered is not giving the satisfactory performance as per the contract,then will be open to the purchaser either to reject the goods or repudiate the entire contract andclaim such loss sustained by the Board.

(iii) “Not withstanding any other remedies available, the Purchaser shall beentitled to dispose of the defective/damaged materials in ‘as is where is condition’ withoutfurther notice, if the contractor/supplier fails to rectify the defect and/or replace the damagedmaterials and/or fails to remove the defective/damaged materials within such period as maybe notified by the Purchaser through notice and the sale proceeds of such disposal shall beappropriated towards the dues to the Board such as Liquidated Damages, ground rent, etc.as may be determined by the Purchaser”.XXII. FORCE MAJEURE:

If at any time during the continuance of this contract performance in wholeor in part of any obligation under the contract shall be prevented or delayed byreasons of any war hostility Acts of Public, enemy acts or Civil commotion, strikes,lockouts, sabotages, fire, flood explosions, epidemics, quarantine restrictions or otheracts of God (hereinafter referred to as eventualities) then provided notice of thehappening of any such eventuality is given by the supplier to the Board within 15days from the date of occurrence thereof neither party shall eventually be entitled toterminate this contract nor shall have any claim for damages against the order inrespect of such non-performance of delay in performance and deliveries under this

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contract shall be resumed as soon as practicable after such eventuality has come toan end or ceased to exist.

Provided that if the performance in whole or part by the supplier or any obligationunder this contract is prevented or delayed by reasons of any eventuality for aperiod not exceeding 60 days, the Board may at its option terminate this contract bynotice in writing. The Board will also be at liberty to cancel the order if the supply isnot completed within the above accepted delivery period not withstanding theliquidated damages applicable for the belated supplies.XXIII. JURISDICTION FOR LEGAL PROCEEDINGS:

No suit or any proceedings in regard to any matter arising in respect of thiscontract shall be instituted in any Court, save in the High Court, Chennai or DistrictCourt at Salem or sub-Court at Mettur Dam or at the District Munsif Court at MetturDam . It is agreed that no other court shall have jurisdiction to entertain any suit orproceedings even though part of the cause of action might arise within theirjurisdiction. In case, any part of the cause of action arise within the jurisdiction of anyother Courts in Tamil Nadu and rest within the jurisdiction of courts outside the state ofTamil Nadu, then it is agreed to between the parties that such suits or proceedings shall beinstituted in a court within the State of Tamil Nadu and no other court outside the State ofTamil Nadu shall have jurisdiction even though any part of the cause of action mightarise within the jurisdiction of such Courts.

The successful tenderer shall furnish an undertaking as per Schedule- F in a non-judicial stamp paper of Rs.80/= agreeing to the above condition.

XXIV. DUES TO THE BOARD:The Board is empowered :

i)To recover any dues against this contract in the Bills/Security deposit/Earnest MoneyDeposit due to the suppliers either in this contract or any other contracts with Board.

ii)To recover any dues against any other contract of the suppliers with Board, with theavailable amount due to the suppliers against this contract.

iii)To recover the difference in cost of the item, between the price offered by the failedtenderer and the Prospective new tenderer becoming lowest bidder in a fresh P.Oissued for the same item subsequently.

XXV.APPEAL: Any tenderer aggrieved by the order of Tender Accepting Authority (Competent

Authority), may prefer an appeal to the Govt. within 10 days from the date of receipt oforder.XXVI. CAUTION:1.Specific concurrence or otherwise to all the terms noted herein should be furnished in thetender. Failure to do so will be taken as concurrence to the terms.2 In the event of the documents furnished with the offer being found to be bogus or thedocuments contain false particulars, the EMD paid by the tenderers will be forfeited or 1% ofthe P.O. value will be levied as penalty in addition to blacklisting them for future tenders /contracts in Tamilnadu ElectricityBoard.3.The Guidelines issued in Tamil Nadu Transparency in Tenders Act 1998 and Tamil NaduTransparency in Tender Rules 2000 will be followed.

Superintending Engineer / P&A / MTPS.

13

SCHEDULE-A PRICE

SPECN NO: CE/MTPS/SE/P&A/MM /AEE-1 /O.T. / 2013-14

Name of work: ( As per the Technical Specification enclosed) to Mettur Thermal Power Station.

Slno

Description of material Qty Ex worksprice/No

Exciseduty onEx worksprice /No

Sales tax &surchargeon ST if anyon Ex worksprice + EDper No

Packing andForwardingcharges perNo

Freightchargesper No

TransitInsur-anceper No

Otherstatutorylevied ifany perNo

TotalFOR sitepriceincludingED & STper No

1). (As per the Technical Specificationenclosed)

NOTE: Taxes and Duties will not be paid for Packing and Forwarding , freight , insurance charges , therefore , exworks priceshould not be inclusive of above charges.

SIGNATURE :NAME :

DESIGNATION :SEAL

SCHEDULE- B

14

SPECN NO: CE/MTPS/SE/P&A/MM/AEE-1/O.T.NO : / 2013-14

DEVIATIONS FROM TECHNICAL SPECIFICATION

All technical deviations from the specification shall be filled in by the tenderer , clausewise, in the schedule.

Sl no Section No Clause No Deviation

The tenderer hereby certifies that the above mentioned are the only deviations from the technical specification and thetender conforms to the specification in all other aspects.

COMPANY SEALSIGNATURE :NAME :DESIGNATION :DATE :

15

SCHEDULE- CSPECN NO: CE/MTPS/SE/P&A/MM /AEE-1 /O.T. /2013-14

DEVIATIONS FROM COMMERCIAL TERMS

All deviations from the commercial terms shall be filled in by the tenderer , clausewise, in this schedule.

Sl No Section No Clause No Deviation

The tenderer hereby certifies that the above mentioned are the only deviations from the commercial terms and the tenderconforms to the specification in all other aspects.

COMPANY SEALSIGNATURE :NAME :DESIGNATION :DATE :

16

SCHEDULE- D SPECN NO: CE/MTPS/SE/P&A/MM /AEE-1/O.T. /2013-14

STATEMENT OF SUPPLY /ORDERS/EXECUTED /UNDER EXECUTION SO FAR DURING THE PAST THREE YEARS AS ON THE TENDER OPENING

Sl No Name &AddressOf The

OrganisationInclding Other

State Ebs

NameOf TheWork

P.O.NoAndDate

ValueOf

OrderIn Rs InLakhs

(*)

ScheduledDate Of

CompletionOf Order

ActualDate Of

CompletionOf Order

Note: 1)(*) Split up details such as price, may be enclosed separately.

2) Copies of orders received shall be enclosed.

COMPANY SEALSIGNATURE :NAME :DESIGNATION :DATE :

17

SCHEDULE – E

UNDERTAKING FOR PAYMENT OF DUES TO TNEB

THIS DEED OF UNDERTAKING EXECUTED AT MTPS/METTUR DAM ON THIS THEBY Messers.

Hereinafter called the “TENDERER” (Which expression where the context so admits mean and include their agents, representatives,Successors – in – office and Assigns)

TO AND IN FAVOUR OF

THE TANGEDCO Ltd a body corporate constituted under the Electricity (supply) Act, 1948, (Central Act LIV of 1948), having its officeat NPKRR Maaligai, 800, Anna Salai, Electricity Avenue, Chennai – 600 002, hereinafter called the “BOARD” (Which expression shall wherethe context so admits mean and include the successors in – office and assigns).

WHEREAS the Board has called for an undertaking from the Tenderer empowering the Board to recover the dues if any.

NOW THIS UNDERTAKING WITNESSETH that the Board is empowered to recover any dues against this contract in any bills / SecurityDeposit / E.M.D. due to the Tenderer either in this contract or any other contracts with the Board. Further, the Tenderer hereby authorizes theBoard to recover, any dues against any other contract of the Tenderer with the Board with the available amount due to the Tenderer againstthis contract.

INWITNESS WHERE OF Thiru. Acting for and behalf of the Tenderer has signed this deed on theday, month and year herein before first mentioned.

SIGNATURE OF THE TENDERER.

NAME :DESIGNATION :DATE :

COMPANY SEAL :

18

SCHEDULE – FUNDERTAKING FOR LEGAL PROCEEDINGS JURISDICTION

THIS DEED OF UNDERTAKING EXECUTED AT MTPS/METTUR DAM ON THIS THE

By Messers.

Hereinafter called the “TENDERER” (Which expression where the context so admits mean and include their agents, Representatives,Successors – in – office and Assigns).

TO AND IN FAVOUR OF

THE TAMILNADU ELECTRICITY BOARD A body corporate constituted under the Electricity (Supply) Act, 1948, (Central Act LIV of1948), having its office at NPKRR Maaligai, 800, Anna Salai, Electricity Avenue, Chennai – 600 002, hereinafter called the “BOARD” (Whichexpression shall where the context so admits mean and include the successors in – office and assigns).

WHEREAS the Board has called for acceptance of jurisdiction of legal proceedings.

NOW THIS UNDERTAKING WITNESSETH that no suit are any proceedings in regard in any matter arising in any respect under thiscontract shall be instituted in any court, save in appropriate Civil Court of Chennai or the Court of small causes, Chennai. If is agreed that noother court shall have the jurisdiction to entertain any suit or proceedings, eventhough, part of the cause of action might arise within theirjurisdiction. In case, any part of cause of action arises within the jurisdiction of any of the courts in Tamil Nadu and not in the courts in ChennaiCity, then it is agreed between parties that such suits or proceedings shall be instituted in court within Tamil Nadu and no other court outsideTamil Nadu shall have jurisdiction, eventhough any part of the cause of action might arise within the jurisdiction of such.

IN WITNESS WHERE OF acting for and on behalf of the Tenderer has signed this deed on the day,month and year herein before first mentioned.

SIGNATURE OF THE TENDERER.

NAME :DESIGNATION :DATE :COMPANY SEAL :

19

SCHEDULE – G

SPECIFICATION NO. CE/MTPS/SE/P&A/MM/AEE-1/OT. /2013-14

DECLARATION

TO

The Chief Engineer,Mettur Thermal Power Station,Mettur Dam - 636406.

Dear Sir,

Having examined the above specification together with the accompany schedules etc., we hereby offer to supply the materialscovered in this specification at the rates entered in the attached schedule of prices.

2) We hereby guarantee the particulars entered in the schedules attached to the specification.

3) In accordance with Security Deposit clause under Section – II of the specification, we agree to furnish security to the extent of5% of the total value of the contract.

4) Our company is not a potentially Sick Industrial Company or a Sick Industrial Company in terms of Section – 23 ofSection – 15 of the Sick Industrial Companies (Special Provisions) Act, 1985.

Yours faithfully,

PLACE : SIGNATURE : DATE : DESIGNATION :

COMPANY :COMPANY SEAL :

20

UNDEERTAKING IN LIEU OF PAYMENT OF EMD

STAMP PAPER VALUE OF Rs.80/-

THIS DEED OF UNDERTAKING executed at on this the day of 2011 byM/s a company registered under companies Act, 1956, having its registered office at herein after called the Tenderer “ TO AN INFAVOUR OF M/s TANGEDCO LTD” a body corporate constituted under the Electricity (Supply)Act, 1948, having its office at NPKRRMAALIGAI, Electricity Avenue, 800, Anna Salai, Chennai-600 002 represented by THE SUPERINTENDING ENGINEER/ PURCHASE &ADMINISTRATION/ METTUR THERMAL POWER STATION, METTUR DAM (herein after called the “ TANGEDCO”)

WHEREAS the contract is for the work of Supply of in terms of the Tender

Specification No. CE/MTPS/SE/P&A/MM / AEE1 /OT.No.Due on :

AND WHEREAS in accordance with clause 5 of the above said Tender specifications, the Tenderer has to furnish Earnest Money Deposit ofRs. Only)

AND WHEREAS the Tenderer has requested the board to accept an undertaking in lieu of payment in cash of the EMD.

AND WHEREAS the TANGEDCO has accepted the request of the Tenderer subject to his executing an undertaking to pay to the Board notexceeding Rs. only) representing the Earnest Money Deposit together with costs in case of non fulfillment of the conditionsstipulated in the Tender specification or the conditions stipulated kin the contract by the Tenderer.

IN CONSIDERATION of the Board having agreed to accept an undertaking from the Tenderer in lieu of payment of Earnest Money Deposit inCash, the Tenderer undertakes to pay the sum of Rs. Only)immediately when a demand is raised by board against theTenderer without any demur in the event of the following.

1. If he withdraws his tender or backs out after acceptance of the tender or falls to remit the Security Deposit.2. If he revises any of the terms quoted during the validity period.3. If he violates any of the conditions of the

Specification No.CE/MTPS/ SE/P&A/MM/AEE1/OT..NO.Due on :

21

NOW THE CONDITION OF THE ABOVE WRITTEN UNDERTAKING IS such that if the Tenderer shall duly and faithfully observe and performthe terms and conditions specified in terms of the above, then the above written undertaking shall be void. Otherwise the same shall remainin full force.The Tenderer undertakes not be revoke this guarantee till the contract is completed under the terms of contract.The expression, “ Tenderer” and “ The TANGEDCO ” herein before used shall include their respective successors and assign in office.IN WITNESS WHERE OF THIRU for and on behalf of the Tenderer has signed this undertaking on the day, the month and yearfirst above written.IN THE PRESENCE OF WITNESSES.1) 2)

SCHEDULE-A PRICE

SPECN NO: CE/MTPS/SE/P&A/MM/AEE-1/O.T. : 619 / 2013-14.Name of work:to Mettur Thermal Power Station.Sl no Description of material Qty Ex

worksprice/no

Excise dutyon Exworks price/no

Sales tax&surcharge onST if any onEx works price+ ED per no

Packing andForwardingcharges perno

Freightchargesper no

TransitInsurance per no

Otherstatutorylevied ifany perno

Total FORsite priceincludingED & STper no

NOTE: Taxes and Duties will not be paid for Packing and Forwarding , freight , insurance charges , therefore , exworks price should not beinclusive of above charges.

SIGNATURE :NAME :

22

DESIGNATION :SEAL

23

SCHEDULE- B

SPECN NO: CE/MTPS/SE/P&A/MM/AEE-1/O.T.No : /2013-14.

DEVIATIONS FROM TECHNICAL SPECIFICATION

All technical deviations from the specification shall be filled in by the tenderer , clausewise,in the schedule.

Sl no Section No Clause No Deviation

The tenderer hereby certifies that the above mentioned are the only deviations fromthe technical specification and the tender conforms to the specification in all other aspects.

COMPANY SEALSIGNATURE :NAME :DESIGNATION :DATE :

24

SCHEDULE- C

SPECN NO: CE/MTPS/SE/P&A/MM /AEE-1 /O.T.: / 2013-14.

DEVIATIONS FROM COMMERCIAL TERMS

All deviations from the commercial terms shall be filled in by the tenderer , clausewise, inthis schedule.

Sl no Section No Clause No Deviation

The tenderer hereby certifies that the above mentioned are the only deviations fromthe commercial terms and the tender conforms to the specification in all other aspects.

COMPANY SEALSIGNATURE :NAME :DESIGNATION :DATE :

25

SCHEDULE- DSPECN NO: CE/MTPS/SE/P&A/MM/AEE-1/O.T. : / 2013-14.

STATEMENT OF SUPPLY /ORDERS/EXECUTED /UNDER EXECUTION SO FAR DURING THE PAST THREE YEARS AS ON THE TENDER OPENING

Sl No Name &Address OfThe Organisation

Inclding Other StateEbs

Name OfThe

Work

P.O.NoAndDate

ValueOf

Order InRs InLakhs

(*)

ScheduledDate Of

Completion OfOrder

Actual DateOf

CompletionOf Order

Note: 1)(*) Split up details such as price, may be enclosed separately.

3) Copies of orders received shall be enclosed.

COMPANY SEALSIGNATURE :NAME :DESIGNATION :DATE :

26

SCHEDULE – EUNDERTAKING FOR PAYMENT OF DUES TO TNEB

THIS DEED OF UNDERTAKING EXECUTED AT MTPS/METTUR DAM ONTHIS THEBY Messers.

Hereinafter called the “TENDERER” (Which expression where the context so admits meanand include their agents, representatives, Successors – in – office and Assigns)

TO AND IN FAVOUR OF

THE TAMILNADU ELECTRICITY BOARD a body corporate constituted under theElectricity (supply) Act, 1948, (Central Act LIV of 1948), having its office at NPKRRMaaligai, 144, Anna Salai, Electricity Avenue, Chennai – 600 002, hereinafter called the“BOARD” (Which expression shall where the context so admits mean and include thesuccessors in – office and assigns).

WHEREAS the Board has called for an undertaking from the Tenderer empoweringthe Board to recover the dues if any.

NOW THIS UNDERTAKING WITNESSETH that the Board is empowered torecover any dues against this contract in any bills / Security Deposit / E.M.D. due to theTenderer either in this contract or any other contracts with the Board. Further, the Tendererhereby authorizes the Board to recover, any dues against any other contract of the Tendererwith the Board with the available amount due to the Tenderer against this contract.

INWITNESS WHERE OF Thiru. Acting for andbehalf of the Tenderer has signed this deed on the day, month and year herein before firstmentioned.

SIGNATURE OF THE TENDERER.

NAME :DESIGNATION :DATE :

COMPANY SEAL :

27

SCHEDULE – F

UNDERTAKING FOR LEGAL PROCEEDINGS JURISDICTION

THIS DEED OF UNDERTAKING EXECUTED AT MTPS/METTUR DAM ON THIS THE

By Messers.

Hereinafter called the “TENDERER” (Which expression where the context so admits meanand include their agents, Representatives, Successors – in – office and Assigns).

TO AND IN FAVOUR OF

THE TAMILNADU ELECTRICITY BOARD A body corporate constituted under theElectricity (Supply) Act, 1948, (Central Act LIV of 1948), having its office at NPKRRMaaligai, 144, Anna Salai, Electricity Avenue, Chennai – 600 002, hereinafter called the“BOARD” (Which expression shall where the context so admits mean and include thesuccessors in – office and assigns).

WHEREAS the Board has called for acceptance of jurisdiction of legalproceedings.

NOW THIS UNDERTAKING WITNESSETH that no suit are any proceedings inregard in any matter arising in any respect under this contract shall be instituted in any court,save in appropriate Civil Court of Chennai or the Court of small causes, Chennai. If is agreedthat no other court shall have the jurisdiction to entertain any suit or proceedings,eventhough, part of the cause of action might arise within their jurisdiction. In case, any partof cause of action arises within the jurisdiction of any of the courts in Tamil Nadu and not inthe courts in Chennai City, then it is agreed between parties that such suits or proceedingsshall be instituted in court within Tamil Nadu and no other court outside Tamil Nadu shallhave jurisdiction, eventhough any part of the cause of action might arise within thejurisdiction of such.

IN WITNESS WHERE OF acting for and on behalfof the Tenderer has signed this deed on the day, month and year herein before firstmentioned.

SIGNATURE OF THE TENDERER.

NAME :DESIGNATION :DATE :

COMPANY SEAL :

28

TAMIL NADU ELECTRICITY BOARD

SCHEDULE – G

SPECIFICATION NO. CE/MTPS/SE/P&A/MM/AEE-1/OT- 516/2013-14.

DECLARATION

TO

The Chief Engineer,Mettur Thermal Power Station,Mettur Dam - 636406.

Dear Sir,

Having examined the above specification together with the accompanyschedules etc., we hereby offer to supply the materials covered in this specification at therates entered in the attached schedule of prices.

2) We hereby guarantee the particulars entered in the schedules attached to thespecification.

3) In accordance with Security Deposit clause under Annexure - A of thespecification, we agree to furnish security to the extent of 5% of the total value of thecontract.

4) Our company is not a potentially Sick Industrial Company or a Sick IndustrialCompany in terms of Section – 23 of Section – 15 of the Sick Industrial Companies (SpecialProvisions) Act, 1985.

Yours faithfully,

PLACE : SIGNATURE :DATE : DESIGNATION:COMPANY SEAL : COMPANY :

29

FORMAT-ISTAMP PAPER VALUE OF Rs.80/-

BANK GUARANTEE FOR SECURITY DEPOSIT

THIS DEED OF GUARANTEE executed at ………………………. on thisthe ………… day of ………………… Two thousand and four by the ………………. Bankcarrying on business at ………………………………….. (Branch name and address) (Hereinafter called "The Bank") to and in favour of the Tamilnadu Electricity Board a body corporateconstituted under the Electricity (Supply) Act 1948 (C.A.54 of 1948) having its office, atNPKRR Maaligai, 144, Annasalai, Chennai - 600 002 represented by the Chief Engineer,M.T.P.S., Mettur Dam (Herein after called the "Purchaser").

WHEREAS Messrs. …………………………………………. (Herein aftercalled "The Contractor") have by virtue of the contract entered into with the PURCHASER asper P.O.No. ………… Dated ……………. for supply of …………………...…………………………. in accordance with the terms and conditions contained therein.

AND WHEREAS in accordance with the terms of the contract in P.O.No.……………. Dated ………………, the CONTRACTOR has to furnish security deposit inthe form of Irrevocable Bank Guarantee from a nationalized bank for a sum of Rs.…………… (Rupees ……………………………………………………….. only) equivalentto 5% of the total contract value for the satisfactory performance of the contract.

AND WHEREAS THE BANK has, at the request of the CONTRACTORagreed to guarantee the payment of the said sum in case the contract is not performed inaccordance with the specifications indicated in the terms and conditions contained inP.O.No.: …………….. Dated the …………… or in the letter dated the …………

NOW THIS DEED WITNESSES AS FOLLOWS:1. In consideration of the Purchaser having agreed to accept a Bank Guarantee

from a Nationalised Bank towards Security Deposit for a sum equivalent to Rs.

……………….. (Rupees ……………………………………………………….. only), the

BANK do hereby unconditionally and irrevocably guarantees as primary obligator and not as

surety merely, that if the CONTRACTOR fails to perform the contract in accordance with

specifications and conditions of the contract and as subsequently amended, the BANK shall

pay forthwith merely on demand unconditionally without any demur, to the PURCHASER

such amount or amounts the BANK may be called upon to pay by the PURCHASER.

It is specifically agreed to by the BANK that the decision of thePURCHASER in invoking the said Bank Guarantee shall not be disputed or questioned bythe BANK.

PROVIDED that the liability of the BANK under this deed shall not at anytime exceed the said guaranteed amount of Rs. ………… (Rupees ……………………………………………………… only).

PROVIDED further that the Guarantee hereunder furnished shall be releasedas soon as the CONTRACTOR has performed his part of the contract and after completion of

30

the guarantee period in accordance with the term of the contract and a certificate to that effectis issued by the PURCHASER.

2. The BANK further undertakes to indemnify the PURCHASER against anyloss or damage that may be caused or suffered by the PURCHASER by reason of any breachof the terms and conditions in the said P.O.No. ……………. dated ………………

3. The Guarantee herein contained shall remain full in force till the terms andconditions of the P.O.No. …………… Dated the …………….. have been fully and properlycarried out by the said CONTRACTOR and in any case, the Guarantee shall not hold goodafter the effective performance of the contract and after completion of the guarantee period.

4. The BANK further specifically agrees with the PURCHASER that thePURCHASER shall have the fullest liberty (without the consent of the BANK and withoutaffecting in any manner the obligations of the BANK hereunder) to vary any of the terms andconditions of the contract or to extend the time of performance by the said CONTRACTORfrom time to time or to postpone from time to time any of the powers exercisable by thePURCHASER against the said contract and to forbear or to enforce any of the terms andconditions relating to the said contract and that the BANK shall not be relieved of theirliability by reasons of any such variations or extensions being granted to the saidCONTRACTOR or by the reason of any forbearance, act or omission on the part of thePURCHASER or any indulgence by the PURCHASER to the said CONTRACTOR or byany such matter or thing what-so-ever which under the law relating to sureties would but forthese previsions have the effect of so relieving the Bank.

5. Any amount settled between the PURCHASER and the CONTRACTORshall be the conclusive evidence as against the BANK for the amount due and shall not bequestioned by the BANK.

6. The expressions "BANK" "CONTRACTOR" and "the PURCHASER"herein before used shall include their respective successors and assigns.

IN WITNESS WHERE OF THIRU. ………………………………………acting for and on behalf of the BANK has signed this deed on the day, month and year firstabove written.

SIGNATURE

With Seal of the Bank. (NAME IN BLOCK LETTERS)

IN THE PRESENCE OF WITNESSES:

1.(NAME IN CAPITAL WITH ADDRESS)

2.

(NAME IN CAPITAL WITH ADDRESS).

31

UNDERTAKING IN LIEU OF PAYMENT OF EMD

THIS DEED OF UNDERTAKING executed at on this the day of2007 By M/s a company registered under companies Act, 1956, having itsregistered office at herein after called the Tenderer “ TO AN IN FAVOUR OFM/s TAMIL NADU ELECTRICITY BOARD” a body corporate constituted under theElectricity (Supply)Act, 1948, having its office at NPKRR MAALIGAI, Electricity Avenue,144, Anna Salai, Chennai-600 002 represented by THE SUPERINTENDING ENGINEER/PURCHASE & ADMINISTRATION/ METTUR THERMAL POWER STATION,METTUR DAM (herein after called the “ BOARD”)

WHEREAS the contract is for the work of Supply of Current and Potential Transformers interms of the Tender

Specification No. CE/MTPS/SE/P&A/MM/ AEE.1 /Enq.No.Due on :

AND WHEREAS in accordance with clause 5 of the above said Tender specifications, theTenderer has to furnish Earnest Money Deposit of Rs. /-( Rupees………………. Only)

AND WHEREAS the Tenderer has requested the board to accept an undertaking in lieu ofpayment in cash of the EMD.

AND WHEREAS the Board has accepted the request of the Tenderer subject to his executingan undertaking to pay to the Board not exceeding Rs. /-( Rupees……………..only) representing the Earnest Money Deposit together with costs in case of non fulfillmentof the conditions stipulated in the Tender specification or the conditions stipulated kin thecontract by the Tenderer.

IN CONSIDERATION of the Board having agreed to accept an undertaking from theTenderer in lieu of payment of Earnest Money Deposit in Cash, the Tenderer undertakes topay the sum of Rs. Only)immediately when a demand is raised by boardagainst the Tenderer without any demur in the event of the following.

4. If he withdraws his tender or backs out after acceptance of the tender or falls to remitthe Security Deposit.

5. If he revises any of the terms quoted during the validity period.6. If he violates any of the conditions of the

Specification No. CE/MTPS/SE/P&A/MM/AEE.1/OT No.Due on :

NOW THE CONDITION OF THE ABOVE WRITTEN UNDERTAKING IS such that if theTenderer shall duly and faithfully observe and perform the terms and conditions specified interms of the above, then the above written undertaking shall be void. Otherwise the sameshall remain in full force.

The Tenderer undertakes not be revoke this guarantee till the contract is completed under theterms of contract.

32

The expression, “ Tenderer” and “ The Board” herein before used shall include theirrespective successors and assign in office.

IN WITNESS WHERE OF THIRU for and on behalf of the Tenderer hassigned this undertaking on the day, the month and year first above written.

IN THE PRESENCE OF WITNESSES.