NOTICE INVITING TENDER/ नविदाआ ांत्रणसूचना · 2018-02-03 · Registered & Corporate Office SJVN Corporate Office Complex, Shanan, Shimla-171006 (H.P.)

Registered &

Corporate Office

SJVN Corporate Office Complex, Shanan,

Shimla-171006 (H.P.)

Liaison/Co-

ordination Office

SJVN, IRCON Building, Ground Floor, Saket New

Delhi. PIN-110017, TELE: 011- 41659210/17 FAX: 011- 41659204/14

एसजेवीएन लिलिटेड SJVN Ltd. (भारत सरकार तथा हिमाचल प्रदेश सरकार का साांझा उपक्रम)

(A Mini Ratna and Schedule A Company)

(6X250MW नाथपा झाकड़ी जि ववद्युत स्टेशन) प्रापण एवं संववदा ववभाग, झाकड़ी, जजिा लशििा, हि॰ प्रे॰-. 172201

फोन. 01782-275236,275459,275106, फ़ैक्स 01782-234049, 275106, http://www.sjvn.nic.in

GSTIN No. 02AAICS1307F1ZY ससन ्सांख्या (CIN No.) L40101HP1988GOI008409

NOTICE INVITING TENDER/ ननविदा आमांत्रण सचूना (Domestic Competitive Bidding)/ घरेल ूप्रनतस्पर्धी बोली

Open press tender enquiries under two part system through e-tendering are hereby invited from manufacturer or authorized dealer on behalf of SJVN Limited for “PPR-1670(O&M)/2017 – Supply and installation of two (02) Nos. of Screw Type Air Compressors along with Air Receivers for Central O&M Workshop of NJHPS, SJVN Ltd. Jhakri. Please visit websites www.sjvn.nic.in or www.eprocure.gov.in to know further details & bid submission procedure w.e.f 03/02/2018 Bid closing date (Last date and time for uploading of filled in bids) is 23/02/2018 13:00 HRS (IST). The bid is to be submitted through e-tendering on https://sjvn.abcprocure.com.

Deputy General Manager, Procurement & Contract Deptt. NJHPS, SJVN LTD., Jhakri-172201.

Remarks: Amendment(s)/ corrigendum(s) of NIT and Tender Documents shall be published on websites of SJVN, except the extension of date of bid submission and / or modification in qualification criteria shall be informed through press and on SJVN websites. Please visit websites www.sjvn.nic.in or www.eprocure.gov.in.

SAVE ENERGY FOR BENEFIT OF SELF & NATION

SJVN/NJHPS/P&C/PPR-1670(O&M): DATED:

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INSTRUCTIONS TO BIDDERS (ITB)

The bids are invited using e-procurement mode, so please read the instructions carefully and upload the filled in bids as per requirement of bid documents. 1.0 General Instructions 1.1 The SJVN Limited, hereinafter called "SJVN Ltd." / "Owner" is a Joint Venture of

Govt. of India and Govt. of Himachal Pradesh having its registered office at Complex, Shanan, Shimla, Himachal Pradesh Pin No.-171006, have their Nathpa Jhakri Hydroelectric Power Plant with a capacity of 6x250 MW at Nathpa (Distt. Kinnaur) and Jhakri (Distt. Shimla) in the State of Himachal Pradesh, India.

1.2 SJVN Ltd. has issued an invitation to bid as enclosed and will receive bids as set

forth in the accompanying Bid documents. 1.3 Bids cannot be uploaded after the time & date fixed for receipt of bids as set out

in the Invitation of Bid. 1.4 SJVN Ltd. reserves the right to accept or reject any or all Bids without assigning

any reason for such a decision. 1.5 All the cost and expenses incidental to preparation of the proposals, discussions

and conferences, if any, including pre-award discussions with the Bidder, technical and other presentation including any demonstrations etc. shall be to the account of the Bidder and Owner shall bear no liability whatsoever on such costs and expenses.

1.6 The last date of availability /downloading of the bid document are on 22.02.2018

at 12:00 hrs. The complete filled in bids and necessary scanned documents shall be uploaded at the mentioned address up to 23.02.2018 at 13:00 hrs. The commercial bid shall be opened on 23.02.2018 at 14:00 hrs. The bids cannot be uploaded / submitted later than 23.02.2018 at 13:00 hrs. However, Price bid part of qualified & commercial responsive bidders shall be opened on subsequent date, for which the qualified bidders shall be informed separately.

1.7 Please note that bids in physical form shall not be entertained under any

circumstances and are only to be submitted through e-tendering at https://sjvn.abcprocure.com.

1.8 Please note that bids in physical form shall not be entertained under any

circumstances and are only to be submitted through e-tendering at https://sjvn.abcprocure.com.

1.9 DIGITAL SIGNATURES: The bidder should also have the Digital Signatures

(Class II or higher with signing & encryption both) which are mandatory for security purpose. The digital signatures can be obtained from any of the authorized agencies in India as per IT Act.2000. Valid Digital Certificate must be installed in a computer system from where you want to login on website. Perform the below steps to confirm whether valid digital certificate is available on your computer system or not.

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Steps:

Open Internet Explorer.

Select Tools menu from menu bar. OR (Press Alt + T on your keyboard).

Click on Internet Options >>Content >>Certificate button. The bidder should view your digital certificate under “Personal” heading Requirement of Digital Signature Certificate

Please enable ActiveX Controls & Plug-ins. (Tools->Internet Options-> Security- >Custom Level)

Active-X controls need to be enabled in your Internet browser. In order to ensure this, please do the following:

a. In Menu Bar ---Click on Tools - Internet Options – Security – Click on Trusted Sites Icon – Click on Sites button. Add 2 Website in Trusted Sites……

1. https://sjvn.abcprocure.com &

2. https://www.tpsl-india.in After that, click on

Tools menu of Internet explorer - Internet Options – Security – Click on Internet Icon.

After Click on Custom Level button –

From below ActiveX controls and plug-ins ---- Select below 5 Items to be enabled

1) Download signed ActiveX controls –select Prompt or Enable 2) Download unsigned ActiveX controls – select Prompt or Enable 3) Initialize and script ActiveX controls not marked as safe for scripting – select

Prompt or Enable 4) Run ActiveX controls and plug-ins-select Enable 5) Script ActiveX controls marked safe for scripting – select Enable After completed this above selection----Below option has available---Reset custom settings---Reset To: Select low or medium ---Click on OK. Also, please check your system Date & Time it should be set as current date & time.

In case of Digital Certificate based Login, user need to download & install "Signer" file available under Download Section at https://sjvn.abcprocure.com.

Download & Install "Intermediary Certificate" available under Download Section at https://sjvn.abcprocure.com.

Please disable or uninstall Third Party Toolbar / Add-ons from Browser.

1.10 The contract & procurement process through e-tendering/e-procurement system is in process at NJHPS, SJVN Jhakri and hence this tender is to be processed through e-tendering/e-procurement system. The bids are to be filled and submitted online. To participate in e-tendering/e-procurement, it is requested to register with our website https//:sjvn.abcprocure.com. The one year cost of

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registration on web site is Rs 3068/- (Rs 2600/- + GST @18%) is payable directly to M/s e-Procurement Technologies Ltd. The bidder should also have the Digital Signatures for security purpose. The detailed procedure for the registration is as under:-

a. Go to the url: - https://sjvn.abcprocure.com In the home page click on vender Registration.

b. Click on “New Bidder’s Registration” link available on home page. c. You need to furnish individual details as well as of company details in

registration form. d. After filling all mandatory fields, you need to click on “submit” button to

complete the registration process. e. After submission of the form, the user id and password are generated in

the form of Acknowledgement. f. The payment of annual registration fee amounting to Rs.3068/- is to be

made through DD/online through Net Banking/Debit Card/Credit Card etc. g. The User ID will be activated after DD is received or realisation of

payment online. Send the Acknowledgement copy and uploaded document below mentioned e-Mail ID. For Registration enquiry and to activate User ID please call abcprocure Help Desk Centre +91-79-4027-0555/0507/0564/0563/0548,Cell:+91-93274519729,e-Mail ID [email protected]& [email protected].

1.11 All the bidders are requested to get themselves registered well in advance to facilitate timely submission of the bid. In case bidders wait till last moment for uploading the bids and if any technical problem is encountered at that time, the bid closing date & time may elapse.

1.12 Down loading Bid Documents: Bidder to access e-Tender portal of SJVN (http://sjvn.abcprocure.com) to access NIT document, after completing registration formality and successful login vendor need to process for Tender Fee / Document Fee (if any) and after that bidder can download detailed tender document. “Download Document” link is available at the end of every tender notice along with access to “Corrigendum”.

1.13 Bid Submission: (i) Bidder needs to login first on the tendering portal of SJVN (i.e.

https://sjvn.abcprocure.com). (ii) Search tender by filling necessary searching criteria after Login. (iii) After finding the tender on the screen, click on the “Dashboard”. (iv) Click on “Declaration” and then click on “I Agree”. (v) Click on the “Tender Fees” (if any) & Pay the tender fees online. (vi) Click on the “EMD” & Pay the EMD online. (vii) Click on “Prepare Bid” and fill necessary Forms (Schedules). (viii) After filling Price Bid Form click on “Final Encrypt”. (ix) After filling all Forms & final Encryption of Price Bid click on “Final

Submission”. (x) After Final Submission bidder will get receipt of Final Submission of their

Bid. 1.14 The link “help manual” and “vendor help” for submission of bids is also available

on the website. For any assistance/ clarification for e–tendering registration,

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submission of bid through e-tendering/ procurement , bidder may contact the following persons/ representatives of M/s abcProcure:- i. Mr. Chander Kant – M-09459212121, E-mail ID:[email protected] ii. Mr. Raman Kumar - M- 8449744125, E-Mail: ID [email protected] iii. Mr. Rahul Dixit- -M-0794027055,e-Mail:[email protected]

iv. Mr. Pankesh Kumar-M- 07940270507, e-Mail: [email protected] v. Mr. Pradip Parmar-M-07940270564 e-Mail: [email protected]

vi. Link ”Contact us” available on the home page of https//:sjvn.abcprocure.com

The above persons are to be contacted for help/ assistance related to e–tendering registration, submission of bid through e-tendering only.

For any other clarifications regarding the tender bidder may contact the following persons/ representatives of M/s SJVN:-

(i) Sh. Rajesh Negi: Mobile No.08894725811(E-mail ID: [email protected])

(ii) Sh. Ajay Kumar: Mobile No. 09418014928 (E-mail ID: [email protected]) 2.0 Plant Information

The 1500 MW Nathpa Jhakri Hydroelectric Power Plant is located between Nathpa (Distt. Kinnaur) and Jhakri (Distt. Shimla) in the State of Himachal Pradesh.

3.0 Communication and Transport Limitation

The Plant Site is located in the interior of Himachal Pradesh. The dam is located on the Sutlej River near village Nathpa in District Kinnaur. The underground power house is located near village Jhakri in District Shimla. Shimla, the capital of the State of Himachal Pradesh is enroute about 150Km South-West from Jhakri. The distance by road from Jhakri to Nathpa upstream is about 45 Km (Approx.).

The rail head (broad gauge) is at Kalka (NR). Kalka is about 235 Km (Approx.) from Jhakri.

Approximate Distance from Kalka

To Mumbai

To Kolkata

To Chennai

(i) By Rail 1906 1809 2558

(ii) By Road 1753 1791 2482

The distance from Kalka to Delhi by road is 285 Km (approx.). From the Kalka rail head, the Project is approachable by the following roads/routes:-

(i) Kalka - Dharampur - Solan - Shimla - Narkanda - Rampur - Jhakri (NH- 22).

: 235 Km (Approx.)

(ii) Kalka - Dharampur - Solan - Shimla - Dhalli - Basantpur - Rampur – Jhakri.

: 252 Km (Approx.)

(iii) Kalka - Dharampur - Sabathu - Arki - Shalaghat - Dhami - Basantpur - Rampur - Jhakri.

: 337 Km (Approx.)

Transport Limitation

The transport limitation by road from Kalka to the Plant Site at Jhakri would be the governing factor in respect of the permissible package size and weight.

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Bidder should consider all factors as can be envisaged for transportation of equipment to avoid and overcome the hindrances/ limitations on existing road on account of weather conditions and any other reasons without affecting the schedule .

4.0 Minimum Qualifying Requirement: The bidder should be a manufacturer or authorized dealer of proposed manufacturer.

5.0 Scope of Proposal

5.1 The detailed complete Scope of work is Supply, insurance, transportation, erection & commissioning of Screw Type Air Compressors two (02) Nos. along with Air Receivers for Central O&M Workshop of NJHPS, SJVN Ltd. Jhakri shall be as per Technical Specifications & Scope is as under:- Sr. No.

Description Qty. Unit

Supply Parts:

1 Screw Type Air Compressors equipped with Dryers and Filter including piping & connections of suitable size up to receiver(Approx. 15 meters) {Details complete scope as per technical specification & Scope Annexure-I enclosed}

2 Nos.

2 Air Receiver Capacity 5000 ltrs/5m³ equipped with safety valve, drain valve and pressure gauge {Details complete scope as per technical specification & Scope Annexure-I enclosed}

1 No.

3 Air Receiver Capacity 2000 ltrs/2 m³ equipped with safety valve, drain valve and pressure gauge {Details complete scope as per technical specification & Scope Annexure-I enclosed}

1 No.

Service Part

1 Installation and commissioning charges Above sr. items (1 to 3 )

Lump sum

Note: For completeness of scope of supply and services, the various relevant clauses shall be referred. Prices for above items & service shall be quoted in the relevant ONLINE DYNAMIC price schedule of the bid document as per above combined BOQ.

5.2 The scope of work as detailed in Technical Specifications & Scope Annexure-I Enclosed is illustrative only. All clauses of the specification shall be referred for completeness of scope of supply and services.

5.3 Guarantee/Warranty Period: The Guarantee/Warranty period for the Screw Type Air Compressors two (02) Nos. along with Air Receivers shall be 12 months from the date of commissioning or 18 months from the date of supply whichever is earlier. In case of any problem within the guarantee/warranty period due to poor quality of material, poor workmanship etc. the same will be replaced or rectified free of cost at SJVN project site, as necessary during the stipulated period in the contract or on the direction of EIC.

5.4 The bidder shall be required to offer their rates & prices for entire scope of work.

5.5 The Bid shall be evaluated on overall L-1 basis for the entire scope of supply and work & not item wise L-1 basis.

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5.6 The material is to transport through “Registered Common Carrier” only (Registered Common Carrier mean the carrier registered with a State Transport Authority or a Regional Transport Authority).

6.0 Quality Assurance Plan: The detailed Quality Assurance & Testing

Requirements for Supply, insurance, transportation, erection & commissioning of Screw Type Air Compressors two (02) Nos. along with Air Receivers for Central O&M Workshop of NJHPS, SJVN Ltd. Jhakri shall be as per Technical Specifications & Scope as per technical specification & Scope Annexure-I enclosed. The inspection & testing shall be carried out as per Technical Specifications &scope enclosed.

6.1 Inspection: Inspection of Screw Type Air Compressors two (02) Nos. along with Air Receivers” shall be carried out by the authorized representative of SJVN at O&M, Store, NJHPS, SJVN Ltd. Jhakri as per technical Specifications & scope.

7.0 Cost of Bidding The Bidder shall bear all costs associated with the preparation and submission

of its bid, and the Owner will in no case be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process.

8.0 The Bidder is expected to examine all instruction, forms, terms, specifications,

and other information in the bidding documents. Failure to furnish all information required by the bidding documents or submission of a bid not substantially responsive to the bidding documents in every respect will be at the Bidder's risk and may result in rejection of its bid.

9.0 Amendment of Bidding Documents 9.1 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.

9.2 The amendment will be notified in writing or by cable or through website (on

www.sjvn.nic.in, www.eprocure.gov.in and https://sjvn.abcprocure.com) 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 has been taken into account by the Bidder in its bid.

9.3 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.

9.4 After publishing of NIT in Newspapers and websites, any amendment(s)/

corrigendum(s) of the NIT and Tender Documents shall be published on websites of SJVN, except the extension of date of the bid submission and / or modification in qualification criteria shall be informed through press and on SJVN websites. The bidders who have not informed us about the download would be required to regularly visit our website for updating themselves about any amendments which may arise from time to time. It will be assumed that all the information contained/updated in the website has been taken into account by the Bidder in its bid.

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10.0 Language of Bid The bid prepared by the Bidder and all correspondence and documents related

to the bid exchanged by the Bidder and the Owner shall be written in English language. Any printed literature furnished by the bidder may also be written in English language.

11.0 Cost of Bid Document and Earnest Money deposit {EMD/ Bid Security

(FDR/TDR)}(ONLINE) 11.1 The cost for purchase of bid document is ₹590/-(Rupees Five Hundred Ninety

Only) (Rs 500/- plus GST@ 18%)(Non- Refundable).

11.2 The bidder shall furnish, a bid security/ earnest money as part of the bid amounting to ₹51,000/- (Rupees Fifty One Thousand Only).

11.3 Micro or Small Enterprises (MSE)/NSIC/Start Up registered firms are exempted from the submission of the “Tender Document Cost” and “EMD” and must enclose (Upload scanned copy of the MSE/ NSIC/ Start Up certificate) for the same products as in NIQ above. If the MSE/ NSIC/ Start Up certificate does not contain the item/work as listed in our NIQ and no EMD & Tender Document Cost is found enclosed, then SJVN may ask the bidder to submit the EMD &Tender Document Cost and the same should reach within ten (10) days from the date of SJVN’s notification by E-mail/Fax Letter, otherwise the bid shall be considered as non-responsive and price of such firms shall not be opened.

11.4 The “Cost of Bid Document” and “Earnest Money (EMD)” shall be submitted using below mentioned facilities:-

a) Credit Card b) Debit Card c) Net Banking d) NEFT/RTGS

► Credit Card/Debit Card/Net Banking:

Bidder is required to add https://www.tpsl-india.in website in Trusted Zone as suggested above.

Bidder needs to feed correct details while making the payment through online payment gateway.

► NEFT/RTGS:

To make payment through NEFT/RTGS, bidders will get an auto generated e-Mail which contains details of their Unique Bidder Code and when and how to do RTGS/NEFT and details pertaining to it. This information will also be available on screen under heading of “NEFT/RTGS Instruction” once bidder gets login.

Once bidder deposit amount in Beneficiary account number provided to them, while making payment for document fees and EMD by RTGS/NEFT payment option at the document fees and EMD payment screen, bidder shall be able to view the funds already remitted by him/her through NEFT /RTGS as available. Please proceed to make the payment. Upon doing so, the required amount to be paid through the document fees and EMD, shall get appropriately deducted from the available balance and payment shall be confirmed in real time.

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This facility allows you to transfer lump sum amount to your Bidder ID account number as mentioned above via RTGS / NEFT. Bidder would be able to use the funds as and when require till the time balance is available in Bidder ID. Also, Bidder can transfer more amount as and when he/she require. Kindly note that the payment via RTGS / NEFT is required to be made one working day in advance in order to make it available in your Bidder ID. Hence please ensure that Bidder remit funds at least one day in advance before he/she would like to make the document fees and EMD payment through RTGS / NEFT option on payment gateway.

Caution: Please ensure that you need to mention the correct beneficiary account number and IFSC code as mentioned above while making payment via RTGS / NEFT. In the event of funds remitted to wrong beneficiary account number, SJVN Limited or its Bank or its service provider would not responsible for the same.

The EMD submitted in the form of BG, DDs, local Cheque/ outstations Cheque will not be considered.

11.5 FDR/TDR: Please note that EMD (Earnest Money Deposit) / Bid Security in the

form of FDR/TDR {Pledged in favour of the NJHPS, SJVN Ltd. Jhakri} is also acceptable and the same in original/physical form should reach preferably on or before bid closing date at the address given below:

Deputy General Manager (Procurement & Contract Department), NJHPS, SJVN Ltd. Jhakri, Distt. Shimla (H.P.)-172201

If EMD in the form of FDR/TDR does not reach in physical form within seven (07) days after the bid closing date, the bid(s) shall not be entertained and such bid(s) shall be treated as late bid(s)/non-responsive bid(s).

Remarks: - The EMD submitted in the form of BG, DDs, local Cheque/ outstations Cheque will not be considered.

11.6 The required details of the EMD/Bid security are to be filled while submitting the

bid through e-tendering.

11.7 The bid securities of unsuccessful bidders will be returned as promptly as possible, but not later than twenty-eight (28) days after the expiration of the bid validity period.

11.8 The bid security of the successful bidder will be returned when the bidder has furnished the required performance security.

11.9 No interest shall be payable by the Owner on the above Bid security.

11.10 The bid security may be forfeited

(a) if the Bidder withdraws its bid during the period of bid validity specified by the Bidder in the Bid Form;

(b) if the Bidder does not accept the correction of its Bid Price;

(c) if the Bidder does not withdraw any deviations listed in Deviation Schedule at the cost of withdrawal indicated by him;

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(d) 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; or

(e) in the case of a successful Bidder, if the Bidder fails within the specified time limit;

(i) To accept the Letter of Award or

(ii) To furnish the required performance security.

(iii) To start activities according to Work Completion Schedule.

12.0 Deviations

Deviations, if any, from the terms and conditions of Bidding Documents or Technical Specifications including drawings shall be listed only in the online Deviation Schedule of the bid i.e. Schedule-II “Online Schedule of Deviations”. The Bidder shall also provide the additional price, if any, for withdrawal of the deviations.

Bidder may further note that except for deviations listed in online Deviation

Schedule, the bid shall be deemed to comply with all the requirement in the bidding documents and the bidders shall be required to comply with all such requirements of bidding documents and technical specifications and drawings without any extra cost to the Owner irrespective of any mention to the contrary, anywhere else in the bid, failing which the bid security of the Bidder may be forfeited.

The owner has complete right to evaluate the deviations without prejudice. After evaluation, the deviations may or may not be agreed by the owner. The bidder shall be intimated in writing accordingly.

13.0 Completion Schedule 13.1 The basic consideration and the essence of the Contract shall be the strict

adherence to the Work Completion Schedule as below.

13.2 SUPPLY PART: The maximum time for delivery of the entire scope of Supply for Screw Type Air Compressors two (02) Nos. along with Air Receivers at O&M, Store, NJHPS,SJVN Ltd. excluding installation & commissioning is 90days from the date of issue of LOI /LOA.

13.3 However, Bidder can also offer a shorter delivery period which will also be

acceptable to SJVN Ltd. However, any bidder offering completion period of more than 90 days will not be considered and his bid will be rejected.

13.4 SERVICE PART: The manpower for Installation & Commissioning and functional demonstration and training to SJVN technician/operators as per TS 2.0(i) is to be deployed on mutually agreed time schedule within 15 days from the date of intimation by EIC (by e-mail/fax).

14.0 Price Adjustment Data

Not applicable being "FIRM" Price Contract

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15.0 Bid Prices

► Unless otherwise specified in the Technical Specifications, Bidders shall quote for the entire supply on a "single responsibility" basis such that the total bid price covers all the supplier's obligations mentioned in or to be reasonably inferred from the bidding documents.

► Bidders are required to quote the price for the commercial, contractual and

technical obligations outlined in the bidding documents.

► Bidders shall give the required details and breakup of their prices as per Schedules specified.

► The Prices quoted by the Bidder shall be FIRM during the performance of the

contract and not subject to variation on any account. A bid submitted with an adjustable price quotation will be treated as non-responsive and rejected.

16.0 Bid Currencies Bidders shall quote all prices in Indian Rupees only. 17.0 Period of Validity of Bid

► Bids shall remain valid for a period of 120 days after the closing date prescribed by the Owner for the receipt of bids. A bid valid for a shorter period shall be rejected by the Owner as being non-responsive.

► In exceptional circumstances, the Owner may solicit the Bidder's consent to

an extension of the bid validity period. The request and responses thereto shall be made in writing or by cable/fax. If a Bidder accepts to prolong the period of validity, the bid security shall also be suitably extended. A Bidder may refuse the request without forfeiting its bid security. A Bidder granting the request will not be required nor permitted to modify its bid.

18.0 BID PROPOSAL SHEETS (BPS)

The Bidder shall furnish / complete all the appropriate Schedules / data required as per the bidding documents.

19.0 FORMAT AND SIGNING OF BID

► Satisfactory evidence of authority of the person digitally signing on behalf of the Bidder shall be furnished on non-judicial stamp paper of an appropriate value in the form of a Power of Attorney, duly notarized by a Notary Public, indicating that the person(s) signing the bid have the authority to sign the bid and that the bid is binding upon the Bidder during the full period of its validity. This Power of Attorney must be sent along with and EMD (i.e. FDR/TDR).

► The Bid must contain the name, residence and place of business of the person or persons making the Bid and must be digitally signed. The name of all persons signing should also be mentioned at appropriate place.

► Bid by Corporation / Company must be digitally signed with the legal name of the Corporation / Company by the President, Managing Director, or by the

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Secretary or other person or persons authorized to bid on behalf of such Corporation / Company in the matter.

► Bidder's name stated on the proposal shall be the exact legal name of the

firm.

► All the requisite documents shall be scanned & uploaded along with bid. The hard copy of the documents shall also be posted as per details given in clause 32.0 so as to reach preferably on or before the last date and time of submission of bid.

► If situation so warrants, SJVN LTD. /NJHPS may ask the bidders to produce original documents which were submitted as scanned copies along with bid for verification.

20.0 Submission of Bids

► The bids will be submitted electronically at designated places in various schedules. The bid document except schedules-1, schedule-2, schedule-3 & schedule-4 can be downloaded by the bidder through https://sjvn.abcprocure.com only after registration as explained above in clause 1.9. The bid is to be filled only in the schedules available on the web. The schedules-1, 2, 3 & 4 cannot be downloaded as they are to be filled online; however Bid Proposal Sheet is to be downloaded first and is to be uploaded again after filling the same. The bid is called under two (02) parts as under:-

A. Price Bid Part consist of:

(i) Schedule-1 (Page 1 of 1) -“Schedule of Prices & Taxes and Duties” i.e. “for Screw Type Air Compressors two (02) Nos. along with Air Receivers” {As per Technical Specification Annexure-I & BOQ above ITB sr. no. 5.0(5.1)}.

Remarks: Above dynamic schedule is to be filled ONLINE ► The prevailing rate of taxes & duties is to be clearly mentioned in the

“Schedule of Prices and Taxes & Duties”. In case nothing is mentioned or mentioned “NIL OR ZERO” then it shall be presumed that the rates quoted are inclusive of taxes and duties or as else the taxes & duties are not applicable. The taxes & duties shall be paid as per applicable rate at the time of delivery/completion Period. Any increase in taxes & duties /new introduction of new taxes & duties/ levy by the Govt. shall be paid by SJVN Ltd. provided that such increase in taxes & duties /new introduction of new taxes & duties/ levy by the Govt. is made with in schedule delivery period/completion schedule as per LOA, otherwise same shall be paid by the bidders. The following may be considered by the bidders:-

a. GST shall be applicable as per GST rules, thus GST has to be quoted accordingly by the bidder.

b. Any other deduction like TDS (As per applicable rate in H.P.) if applicable under this contract as per the Govt. laws shall be made from the payment of the contractor and statement for the same shall be provided by SJVN for the same.

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B. Techno-Commercial bid part consist of followings:

(i) Qualifying Requirements as per Minimum Qualification Requirement (Sr. No.4 above).

(ii) All documents as required as per Technical Specifications, copies of PAN No. and GST registration no. etc. and technical literature/ technical details etc. as required as per the Technical Specifications. Any other documents as required/ asked in the tender are to be uploaded/ submitted along with the bid. These scanned documents are to be uploaded along with the General Documents.

(iii) Earnest Money Deposit / FDR /TDR (as per clause no. 11.0).

(iv) Power of attorney/ Affidavit of proprietorship (As per Clause No.19.0.

(v) Undertaking form, duly signed by the bidder shall be uploaded along with the bid, the details of which are as per clause 33.0.

(vi) Authorized dealership certificate from the proposed manufacturer, if

bid is submitted by the authorized dealer of the manufacturer.

(vii) Bank details duly authenticated by Bank/ Copy of cancelled cheque.

Techno-commercial schedules:

(i) Schedule-2, Page 1 of 1 “Schedule of Deviations” {As per TS Annexure-I}

(ii) Schedule-3, Page 1 of 1 “Schedule for General Information and Bank Account Details”.

(iii) Schedule-4, Page 1 of 1 “Schedule of Guaranteed Technical Particulars”{As per Technical Specification Annexure-I}

(iv) BPS (Bid Proposal Sheet) Remarks: BPS is to be filled in Excel Sheet named BPS (Available with other bidding documents under “Notice & Document TAB under DASHBORAD) which is to be downloaded first & thereafter to be upload back after filling the required details.

Remarks:- All above dynamic schedules are to be filled ONLINE. The bidders have to fill all the required information in the above schedule. SJVN reserves the right to ask additional information if necessary after opening of the techno-commercial bid.

► The Techno-Commercial Bid part will be opened electronically as per schedule time and date as indicated in the bid documents in the O/o Deputy General Manager (P&C), SJVN Ltd., Jhakri, Distt. Shimla (H.P.) – 172 201.

► The bidder not submitting the information/documents as per Techno-

Commercial bid part as above shall be considered non-responsive & their price bid shall not be opened.

► The Price Part will be opened electronically at same place only for those bidders whose techno-commercial part is found to be techno-commercially

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acceptable and only such bidders will be intimated subsequently either telephonically or through Fax / e-mail about the time and date of price bid opening.

► The Owner further, reserves the right to reject any Bid which is not submitted according to the instructions stipulated above.

21.0 Late Bids

No bid shall be received after last date and time of bid submission.

22.0 Withdrawal of Bids

No bid may be withdrawn in the interval between the bid submission deadline and the expiration of the bid validity period specified in Bid documents. Withdrawal of a bid during this interval may result in the Bidder's forfeiture of its bid security / EMD.

23.0 Bid Opening and Evaluation

► The Owner will open all bids electronically in the presence of bidder's representatives who choose to attend the opening at the time, on the date and at the place specified in the NIT / NIQ. Bidder's representatives shall sign a register as proof of their attendance. In the event of the specified date for the opening of bids being declared a holiday for the Owner/there is any network problem, the bids will be opened at the appointed time on the next working day.

► No Mobile Phone will be permitted inside the bid opening room. Therefore, bidders should deposit Mobile Phones with Security guard at Reception.

► Bids will be evaluated on entire scope of work (for Screw Type Air Compressors two (02) Nos. along with Air Receivers) including Supply, insurance, transportation, erection & commissioning of Screw Type Air Compressors two (02) Nos. along with Air Receivers at site NJHPS, SJVN Ltd. Jhakri on single responsibility FOR Jhakri basis inclusive of all taxes & duties. No price preference shall be given to any firm for the price bid evaluations. Accordingly , the Bids will be evaluated for the complete scope of work on single responsibility basis considering the cost as under:-

i. Total quoted Cost for the complete scope of work FOR Jhakri including all taxes and duties.

ii. Erection, testing and commissioning charges including GST etc.

iii. Cost of withdrawal of deviations mentioned in online deviation schedule.

► No cost loading will be carried out on account of lower delivery period. However, the bidder can offer lower delivery period than the scheduled delivery period.

► Cost loading will be carried out for the deviations taken by the bidder to determine the lowest evaluated Bid which will be considered for acceptance.

► The items for which bidder does not quote his price i.e. leaves the rate / amount column blank or simply puts a (-) mark or (*) mark or indicates ‘NIL’ /

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‘NA’ or “ZERO (0)” as applicable, no cost shall be considered for bid evaluation for these items, and for the purpose of award the value of such item shall be deemed to have been included in other quoted items. If the bidder does not agree to this consideration, his bid will be rejected and the bid guarantee may be forfeited.

24.0 Clarification of Bids

During bid evaluation, the Owner may, at its discretion, ask the Bidder for a clarification of its bid. The request for clarification and the response shall be in writing, and no change in the price or substance of the bid shall be sought, offered or permitted.

25.0 Correction of Errors (Applicable to extent possible)

The prices are to be filled in ONLINE DYNAMIC Schedules as under:-

A. The bidder has to fill the Unit Rates in the FIGURES only.

B. The entered UNIT RATES in figures shall be automatically converted in to the words.

C. The above entered UNIT RATES in the figures shall be multiplied with

quantity to calculate the TOTAL AMOUNT in figures & as well as in words automatically.

D. After computation of the amounts as above, the values as computed shall be

considered for evaluation as well as for award. If the bidder does not accept the above consideration, his bid will be rejected and the Bid Security / EMD may be forfeited.

E. The Owner's determination of a bid's responsiveness is to be based on the

contents of the bid itself without recourse to extrinsic evidence. If a bid is not substantially responsive, it will be rejected by the Owner, and may not subsequently be made responsive by the Bidder by correction of the non-conformity

26.0 Influencing the Owner

► No Bidder shall contact the Owner on any matter relating to its bid, from the time of the opening of bids to the time the contract is awarded.

► Any effort by a Bidder to influence the Owner in the Owner’s bid evaluation, bid comparison or contract award decisions may result in rejection of the Bidder’s bid.

27.0 Award of Contract

► The Owner will award the contract to the/those successful Bidder/(s) whose bid has been determined to be substantially responsive and to be the lowest evaluated bid for item(s), further provided that the bidder is determined to be qualified to perform the contract satisfactorily.

► The owner may request the Bidder to withdraw any of the deviations listed in

Deviation Schedule of the winning bid, at the price shown for the deviation in Deviation schedule. In case the Bidder does not withdraw the deviations

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proposed by him, if any, at the cost of withdrawal stated in the bid, his bid will be rejected and bid security forfeited.

► Bidders would be required to comply with all other requirement of the Bidding Documents except for those deviations in Deviation Schedule, which are accepted by the Owner, failing which the bid security of the Bidder may be forfeited.

► The contract shall be awarded on the basis of lowest evaluated on entire scope of supply including erection and commissioning basis.

28.0 Owner's Right to Accept Any Bid and to Reject Any Bids

The Owner reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids at any time prior to award of contract, without thereby incurring any liability to the affected Bidder or bidders or any obligation to inform the affected Bidder or bidders of the grounds for the Owner's action.

29.0 Notification of Award

► Prior to the expiration of the period of bid validity, the Owner will notify the successful Bidder in writing by registered letter or by cable, to be confirmed in writing by registered letter, that its bid has been accepted. The notification of award will constitute the formation of the contract. Until a formal contract is signed, the Notification of Award shall constitute a binding contract.

► Upon the successful Bidder's furnishing of the performance security, the Owner will promptly notify each unsuccessful Bidder and will discharge its bid security.

30.0 Corrupt or Fraudulent Practices

A. The Owner requires that Bidders to observe the highest standard of ethics during the procurement and execution of the Contract. For the purpose, the applicant shall sign the Integrity Pact as per clause 31.0 of ITB. In pursuance of this policy, the Owner:

(a) defines, for the purposes of this provision, the terms set forth below as follows:

(i) "corrupt practice" means the offering, giving, receiving or soliciting of any thing of value to influence the action of a public official in the procurement process or in contract execution; and

(ii) "fraudulent practice" means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Owner, and includes collusive practice among Bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the Owner of the benefits of free and open competition;

(b) will reject a proposal for award if it determines that the Bidder recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question;

(c) will declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded a contract if it at any time determines that the firm

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has engaged in corrupt or fraudulent practices in competing for, or in executing, a contract of the Owner.

B. Furthermore, Bidders shall be aware of the provision stated in the "General Conditions of Contract".

31.0 Adoption of Integrity Pact:

In order to ensure transparency, equity and competitiveness in its procurement, SJVN Ltd has decided to adopt Integrity Pact. The Integrity Pact (IP) envisages an agreement between the prospective Bidders/ Contractors and the buyer committing the persons / officials of both the parties, not to exercise any corrupt influence on any aspect of the contract.

Towards implementation of Integrity Pact, an MOU along with Integrity Pact

Programme has already been signed between ‘SJVN Ltd’ and ‘Transparency International India’ (TII) on 05th January 2011.

The pact essentially envisages an agreement between the prospective vendors / bidders and the buyer, committing the persons / officials of both sides, not to resort to any corrupt practices in any aspect / stage of the contract. Only those vendors / bidders, who commit themselves to such a Pact with the buyer, would be considered competent to participate in the bidding process. In other words, entering into this Pact would be a preliminary qualification. The essential ingredients of the Pact include:

Promise on the part of the principal not to seek or accept any benefit, which is not legally available.

Principal to treat all bidders with equity and reason.

Promise on the part of bidders not to offer any benefit to the employees of the Principal not available legally.

Bidders not to enter into any undisclosed agreement or understanding with other bidders with respect to prices, specifications, certifications, subsidiary contracts, etc.

Bidders not to pass any information provided by Principal as part of business relationship to others and not to commit any offence under PC/IPC Act.

Bidders to disclose any transgressions with any other company that may impinge on the anti-corruption principle

The Integrity Pact shall be applicable for transaction having threshold value of Rs.

8 lac for procurement of Goods, Rs. 15 lac for procurement of Service and 50 lac for procurement of Works. Further, the Independent External Monitors (IEMs) would be monitoring the bidding process and execution of contract and shall be responsible for to oversee the implementation of Integrity Pact Program to prevent corruption, bribery or any other unethical practices in SJVN Ltd.

In order to deal with any grievance/dispute(s) and to oversee implementation and effectiveness of the Integrity Pact programme pertaining to this tender, Bidders/Contractors may refer the same to Independent External Monitors (IEMs). Name and Address of the Independent External Monitor (IEMs) is as under:

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1). Ms. Asha Swarup, IAS (Retd.) 2). Dr. Jai Pal Singh.

The contact Detail of IEMs is as under: Independent External Monitor for SJVN, C/o Corporate Civil Contracts Department, Shakti Sadan , 2nd Floor, SJVN Ltd., SJVN Corporate Office Complex, Shanan, Shimla – 171006.

All pages of the Integrity pact to be signed between SJVN Ltd. and the bidders / contractors on plain papers at the time of submission of bid as per the approved format. Signed copy of the Integrity Pact is to be included in the bid document while issuing Tender Document / uploading the tender documents on the Portals. The bidders submitting tender document (including downloaded) shall sign the Integrity Pact in original on the signed / scanned Integrity Pact. The duly signed Integrity Pact shall be uploaded & submitted by the bidder along with the bid. Further following may also be noted:-

(a) IP is deemed as part of the contract so that the parties concerned are bound by its provisions.

(b) a person signing IP shall not approach the courts while representing the matters to IEMs and he / she will await their decision in the matter.

(c) In case of sub-contracting, the principal contractor shall take the responsibility of

the adoption of IP by the sub-contractor.

Failure to sign the integrity pact by applicant shall be liable to outright rejection of application / bid. The successful bidder (Contractor) shall submit duly executed Integrity Pact on Non-judicial Stamp Paper of Rs 100/- within 15 days from the date of issue of Purchase Order for Supply.

32.0 Submission of documents by post:

► The following documents in hard copy/original form sealed in envelop super scribed as “PPR-1670(O&M)/2018 Supply, insurance, transportation, erection & commissioning of Screw Type Air Compressors two (02) Nos. along with Air Receivers for Central O&M Workshop of NJHPS, SJVN Ltd. Jhakri” are to be sent through post :-

(i) Earnest Money Deposit (FDR/TDR)(In original) as per clause no. 11.0 (ii) Power of attorney/ Affidavit of proprietorship (As per Clause No.19.0).

Remarks: The hard copy of the Price & Techno-commercial Schedules is not required.

► These scanned copies of above documents are to be uploaded on the web must reach preferably before closing date and time as per the bidding document i.e. on or before 23.02.2018 13:00 HRS.

► Any documents as asked or required are to be sent to the following address:-

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Deputy General Manager (DGM), Procurement and Contract Department, NJHPS, SJVN Ltd., Jhakri, Distt. Shimla (H.P.)-172201.

Phone No. 01782-275236. Fax No. 01782-234049/ 275459.

Remarks: The scanned copy (ies) of the document(s) asked as above are to be uploaded on web and should reach in original/physical form at above address preferably on or before bid closing date as specified in the tender. However, the original document(s) in physical shall also be acceptable within 07 days after bid closing date, otherwise bid(s) shall not be entertained and such bid(s) shall be treated as late bid(s)/non-responsive bid(s). Also if the original document(s) in physical form are found to be at variance than the scanned copies submitted/uploaded earlier along with e-bids, the bid(s) will be treated as non-responsive.

33.0 Undertaking:

33.1 We have read carefully all the bidding documents and agreed to the conditions except for deviation taken clause wise in deviation schedule.

33.2 We have not changed the contents of the bidding documents.

33.3 Scanned copy of documents uploaded along with the bid is true to the best of our knowledge.

33.4 We have understood the requirement of Technical Specifications & Scope Annexure-I and these shall be complied completely.

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SJVN Corporate Office Complex, Shanan, Shimla-171006 (H.P.)

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Page 1 of 10

GENERAL CONDITIONS OF CONTRACT (GCC)

1.0 Definitions

In this Contract, the following terms shall be interpreted as indicated:

(a) "The Contract" means the Contract Agreement entered between the Owner and the Contractor, as recorded in the Contract Form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein.

(b) "The Contract Price" means the price payable to the Contractor under the Contract for the full and proper performance of its contractual obligations.

(c) "The Services" means all those services necessary for the Supply, insurance, transportation, erection & commissioning of Screw Type Air Compressors two (02) Nos. along with Air Receivers as per technical specification & scope at site NJHPS, SJVN Ltd. Jhakri and other such obligations of the Contractor covered under the Contract.

(d) "The Owner" means the SJVN Limited.

(e) "The Contractor" means the individual or firm Supply, insurance, transportation, erection & commissioning of Screw Type Air Compressors two (02) Nos. along with Air Receivers as per technical specification & scope at site NJHPS, SJVN Ltd. Jhakri under this Contract.

(f) "Corrupt Practice" means the offering, giving, receiving or soliciting of any thing of value to influence the action of a public official in the procurement process or in contract execution.

(g) "Fraudulent Practice" means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Owner and includes collusive practice among Bidders (prior to or after Bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the Owner of the benefits of free and open competition".

2.0 CONTRACT PERFORMANCE SECURITY

2.1 Within Thirty (30) days of receipt of the notification of Contract award i.e. from the date of issue of LOA, the successful Bidder shall furnish to the Owner, an unconditional performance security for ten percent (10%) of the Contract Price with validity up to 60 days after the Guarantee/Warranty Period (Refer Clause 5.0).

2.2 The proceeds of the performance security shall be payable to the Owner as compensation for any loss resulting from the Contractor's failure to complete its obligations under the Contract.

2.3 The performance security shall be denominated in the currency of the Contract and shall be in the form of Bank Guarantee (As per format enclosed) issued preferably by a nationalized bank/ scheduled bank as per RBI guidelines(As



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per the list enclosed) , acceptable to the Owner or in the form of FDR or TDR etc.

2.4 The performance security will be discharged by the Owner and returned to the

Contractor not later than sixty (60) days after expiry of guarantee/warranty period of all the material /works under the scope of the contract.

2.5 The interest @ 15.50 % shall be charged on delay period for breach in timely submission of CPG/ initial security deposit without prejudice to right of SJVN to other remedies available under the contract.

2.6 The MSE/ NSIC firms are not exempted from the submission of the Contract Performance Security.

3.0 PACKING:

3.1 The bidder shall provide such packing to the goods as is required to prevent damage or deterioration during transit to their final destination & storage, as indicated in the contract. The packing shall be sufficient to withstand, without limitation, rough handling during transit and precipitation during transit and open storage. Packing case size and weights shall take into consideration, the remoteness of the Goods’ final destination, the existing road condition and the absence of heavy handling facilities at all points in transit and project storage site.

4.0 INSURANCE 4.1 The goods to be supplied and work to be completed under the scope of

the work shall be insured for all risks by the contractor for transit insurance till the completion of work and handing over the system to SJVN. The Contractor shall at his expense take out and maintain in effect, or cause to be taken out and maintain in effect, during the performance of the Contract, the insurance set forth below in sums and other conditions specified.

Sl. No.

Insurance Amount insured Conditions

A. All risk Insurance for material to be supplied & services to be completed

1. 110% of FOR and inland transportation value

+ 2. 110% of the services

value +

3. All taxes & duties including entry tax

1) Owner to be named as co-insured

2) Warehouse to warehouse basis

3) Open policy/Separate Policy 4) All risk insurance, SRCC

(Strikes, Riots, Civil Commotion), terrorism etc.

Note: (i) The owner shall be named as co-insured under all insurance policies taken out

by the contractor except for Third Party Liability and Workman’s Compensation / Employee’s Liability Insurances.

(ii) Notwithstanding the insurance requirements mentioned above, it would be the

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(iii) The Contractor shall follow law of the land as may be prevalent from time to time for insurance.

(iv) The insurance policy, if required to be extended as per the direction of SJVN

& charges for the same shall be reimbursed at actual against documentary proof.

4.2 It will be the responsibility of the supplier/contractor to lodge, pursue and settle

all claims with the insurance company in case of any damage, loss, theft, pilferage of fire during execution of the contract and purchaser shall be kept informed about it. The supplier/contractor shall replace the last/damaged materials promptly irrespective of the settlement of the claims by the underwriters. The losses, if any, in such replacement will have to be borne by the supplier/contractor.

4.3 Any loss or damage to the plant and equipment or person during handling transportation, storage, repairing, and all activities, and any accident or death of persons due to negligence on the part of the contractor shall be to the bidder’s account for all risks. The successful Bidder shall be responsible for preferring of all claims and make good the damages or loss by way of repairs and/ or replacement of plant and equipment damaged or lost. Notwithstanding the extent of insurance cover and the amount of claim available from the underwriter, the successful bidder shall be liable to make good the full replacement/rectification of all the equipment and material and to ensure their availability as per the project requirement/ without additional financial liability to SJVN.

4.4 In addition to above contractor shall insure his all man and machinery etc. against any mishap / accident. Contractor shall submit the insurance policy to this effect to the EIC of the work. SJVN shall bear no responsibility and financial liability for any mishap/accident for contractor man power / machinery.

5.0 GUARANTEE/WARRANTY

5.1 The Guarantee/Warranty period for the Screw Type Air Compressors two (02) Nos. along with Air Receivers shall be 12 months from the date of commissioning or 18 months from the date of supply whichever is earlier. In case of any problem within the guarantee/warranty period due to poor quality of material, poor workmanship etc. the same will be replaced or rectified free of cost at SJVN project site, as necessary during the stipulated period in the contract or on the direction of EIC.

6.0 FORCE MAJEURE

6.1 The firm shall not be liable for loss or damage to SJVN resulting from any delays or failure to make shipment to Jhakri site within schedule time for all or any part of the item due to the act of God, war declared or undeclared, acts of public enemy, riots, civil commotion, invasion, insurrection, sabotage, acts of restraint of Government, federal, state or municipal action or regulation, fire, flood, hurricanes, accidents, epidemic, quarantine, restrictions, or any failure on the part of the Owner or his representative to approve or comments on drawings or other causes, contingencies or circumstances not subject to their



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control, whether of a similar or dissimilar nature which prevents the Contractor from completion of work. Any such cause or delays even though not existing on the date of the contract on or the date of start of reclaiming shall extend the time of performance automatically by length of delays occasioned thereby, including delay reasonably incidental to the resumption of normal reclamation work even though such case may occur after performance of firm’s obligation has been delayed for the other causes.

6.2 If a Force Majeure situation arises, the Contractor shall promptly notify the

Owner in writing of such condition and the cause thereof. Unless otherwise directed by the Owner in writing, the Contractor shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event.

7.0 PAYMENT TERMS

7.1 FOR SUPPLY PART: Ninety percent (90%) Payment of Material Part {as per

BOQ sr. no. 5.1 (i.e. item sr. no. 1 to 3 of ITB} including (100%) taxes and duties shall be made within 30 days after supply of the complete material at Site, NJHPS,SJVN Ltd. Jhakri and on submission of the following documents in bound folder to the consignee for the release of payment:-

i. Invoices in Triplicate. ii. Copy of Unconditional acceptance of Letter of Award with 1st bill only.

iii. Copy of GST registration no. iv. Copy Contract Performance Security with 1st bill only. v. Guarantee/Warranty Certificate.

vi. Insurance Policy as per sr. no. 4.0(A) above. vii. Test Certificates & other documents as per Technical specification &

scope Annexure-I. viii. Inspection Report: The inspection of material shall be carried out by EIC

or his authorized representative after the receipt of the complete material at O&M, Stores/Site at Jhakri. The EIC shall submit the final inspection Report.

ix. Copy of Integrity Pact as per ITB clause no. 31.0.

7.2 FOR SUPPLY PART: Balance ten percent (10%) of the material cost {as per BOQ sr. no. 5.1 (i.e. item sr. no. 1 to 3) of ITB} shall be made within 30 days after completion of the entire scope of works under the contract & on submission of following documents to consignee:-

i. Bills in triplicate. ii. Copy of certificate issued by EIC for successfully completion the entire

scope of work.

7.3 FOR SERVICES: Hundred percent (100%) Payment including (100%) GST for services part i.e. Charges for “installation, testing and commissioning and successful functional demonstration and training to SJVN technician/operator” of Screw Type Air Compressors two (02) Nos. along with Air Receivers” at site NJHPS,SJVN Ltd. Jhakri will be made within 30 days after completion of the



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entire scope of works and on submission of followings documents to consignee for release of payment:-

iii. Bills in triplicate. iv. Photocopy of PAN Card. v. Photocopy of GST Registration No.

vi. Copy of certificate issued by EIC for successfully Installation, Testing and commissioning and demonstration of Screw Type Air Compressors two (02) Nos. along with Air Receivers by the bidder at site NJHPS, SJVN Ltd. Jhakri”.

7.4 In order to comply with necessary formalities under GST while making payments, computation tax, invoicing, filling of returns etc. under Notification No 10/2017, Chapter VI,46 tax invoice’ invoice for goods and services to contain following particulars namely:-

a) Name, Address & GSTIN of the Supplier b) Specific Invoice Number format c) Name and address of recipient d) Address of Delivery e) HSN code of goods and SAC for Services f) Description and quantity of goods/services g) Value of goods h) Rate and amount of tax i) Other prescribed information Name, Address & Contact Details (Tel. no. etc.)

of the Service Provider.

7.5 The payment shall be released through electronic fund transfer and hence you are requested to give your bank account detail along with IFSC/RTGS code of your bank branch. The required detail is to be filled in “Schedule-3, General Information and Bank Account Details”. Bank charges if any, shall be borne by you. The details to be submitted in the schedule as enclosed.

7.6 As per SJVN LTD. policy, no advance payment can be given.

7.7 All the payments for the supplies and/or services (as applicable) rendered by MSEs (Micro & Small Enterprises) supplier/contractor under the contract shall be released within forty five (45) days from the day of acceptance.

Day of acceptance means day of actual delivery of goods or the rendering of services; or where any objection is made in writing by SJVN regarding acceptance of goods or services within fifteen days from the date of delivery of goods or the rendering of services, the day on which such objection is removed by the contractor/supplier.

7.8 In case payments are not released as mentioned above, SJVN shall pay the principal amount plus compound interest with monthly rests from the date immediately following the date agreed upon @ three times of bank rates as notified by Reserve Bank of India time to time.

7.9 All the payments for the supplier and/or services (as applicable) rendered by non-MSEs (Non- Micro & Small Enterprises) supplier/ contractor under the contract shall be released within forty five (45) days from the receipt of invoices/bills from the contractor/ supplier complete in all respects.



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7.10 In case payments are not released as mentioned above, SJVN shall pay the principal amount plus simple interest from the date immediately following the date agreed upon @ 8% p.a.

8.0 COMPLETION SCHEDULE

8.1 The basic consideration and the essence of the Contract shall be the strict adherence to the Work Completion Schedule as below.

8.2 SUPPLY PART: The maximum time for delivery of the entire scope of Supply for Screw Type Air Compressors two (02) Nos. along with Air Receivers at O&M, Store, NJHPS,SJVN Ltd. excluding installation & commissioning is 90days from the date of issue of LOI /LOA.

8.3 However, Bidder can also offer a shorter delivery period which will also be

acceptable to SJVN Ltd. However, any bidder offering completion period of more than 90 days will not be considered and his bid will be rejected.

8.4 SERVICE PART: The manpower for Installation & Commissioning and functional demonstration and training to SJVN technician/operators as per TS 2.0(i) is to be deployed on mutually agreed time schedule within 15days from the date of intimation by EIC (by e-mail/fax).

9.0 LIQUIDATED DAMAGES

9.1 If the contractor fails to complete the delivery of material {i.e. Supply of Screw Type Air Compressors two (02) Nos. along with Air Receivers as per technical specification & scope of work to SJVN Ltd. as per BOQ 5.1{i.e. sr. no. 1,2&3} of ITB excluding installation, testing & commissioning and functional

demonstration of the supplied material at site Jhakri} within the completion schedule period(s) specified in the Contract, the Owner shall, without prejudice to its other remedies under the Contract, deduct from the Contract Price, as Liquidated Damages, as specified here in below

9.2 The Liquidated Damage for delay in supply of material, beyond the maximum completion schedule as stipulated at clause 8.0(8.2) above shall be @ ½% (Half percent) per week or part thereof on the total contract price for Supply Part Only (without services part cost). The total amount of Liquidated Damages for delay under the Contract will be subject to a maximum of five percent (5%) of the total Contract price of Supply Part only without services part cost.

9.3 Amount of Liquidated Damage shall be payable by the Supplier/Contractor whenever demanded by the Owner and / or Owner can recover the amount of liquidated Damages (to the extent leviable at any time) from the amount payable to the Supplier available with Owner under this Contract.

9.4 Contractor’s obligations and the Owner’s remedies in respect of delay are

solely and exclusively as stated in this Liquidated Damages clause subject to provisions of Clause 10.0 and consequence thereof.

10.0 TERMINATION OF CONTRACT ON CONTRACTOR'S DEFAULT



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10.1 The Owner, without prejudice to any other remedy for breach of Contract, by written notice of default sent to the Contractor, may terminate this Contract in whole or in part:

a) if the Contractor fails to complete any part of all the work or all of the Goods

within the period(s) specified in the Contract, or within any extension thereof granted by the Owner.

b) if the Contractor fails to perform any other obligation(s) under the Contract.

c) If the Contractor, in the judgment of the Owner has engaged in corrupt or

fraudulent practices in competing for or in executing the Contract.

10.2 In the event the Owner terminates the Contract in whole or in part, the Owner may procure / get repaired, upon such terms and in such manner as it deems appropriate, Goods or Services similar to those undelivered / un-repaired, and the Contractor shall be liable to the Owner for any excess costs for such similar Goods or Services. However, the Contractor shall continue performance of the Contract to the extent not terminated.

11.0 TERMINATION FOR INSOLVENCY The Owner may at any time terminate the Contract by giving written notice to

the Contractor if the Contractor becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the Contractor, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the Owner.

12.0 TERMINATION OF CONTRACT ON OWNER'S INITIATIVE 12.1 The Owner reserves the right to terminate the Contract either in part or in full

due to reasons other than those mentioned under clause entitled "Contractor's Default" and "Outbreak of War". The Owner shall in such an event give seven (7) days notice in writing to the Contractor of his decision to do so.

12.2 The Contractor upon receipt of such notice shall discontinue the work on the

date and to the extent specified in the notice, make all reasonable efforts to obtain cancellation of all orders and contracts to the Owner, stop all further sub-contracting or purchasing activity related to the work terminated, and assist the Owner in storage, maintenance, protection, and disposition of the works acquired under the contract by the Owner.

12.3 In the event of such a termination, the Contractor shall be paid equitable and

reasonable compensation, as dictated by the circumstances prevalent at the time of termination.

13.0 SETTLEMENT OF DISPUTES 13.1 Any dispute(s) or difference(s) arising out of or in connection with the Contract

shall, to the extent possible in the first instance be resolved amicably between the Contractor and the Owner’s Engineer.



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13.2 If any dispute or difference of any kind whatsoever shall arise between the Owner and the Contractor, arising out of the Contract for the performance of the Works whether during the progress of the Works or after its completion or whether before or after the termination, abandonment or breach of the Contract, it shall, in the first place, be referred to and settled by the Engineer, who within a period of ten (10 ) days after being requested by either party to do so, shall give written notice of his decision to the Owner and the Contractor.

13.3 Save as hereinafter provided, such decision in respect of every matter so

referred shall be final and binding upon the parties until the completion of the entire work under the Contract and shall forthwith be given effect to by the Contractor who shall comply with all such decisions, with all due diligence, whether he or the Owner requires arbitration as hereinafter provided or not.

13.4 If after the Engineer has given written notice of his decision to the parties, no

claim to arbitration has been communicated to him by either party within ten (10) days from the receipt of such notice, the said decision shall become final and binding on the parties.

13.5 In the event of the Engineer failing to notify his decision within ten (10) days

after being requested as aforesaid or in the event of either the Owner or the Contractor being dissatisfied with any such decision, or within ten (10) days after the expiry of the first mentioned period of ten (10) days, as the case may be, either party may require, by written notice to the other party, that the matters in dispute be referred to arbitration as hereinafter provided.

14.0 ARBITRATION(WITH Pvt. Party) 14.1 All disputes or differences in respect of which the decision, if any, of the

Engineer has not become final or binding as aforesaid shall be settled by arbitration in the manner hereinafter provided.

14.2 In the event of the Contractor, that is to say a citizen and/or a permanent

resident of India, a firm or a company duly registered or incorporated in India, the arbitration shall be conducted by three arbitrators, one each to be nominated by the contractor and the Owner and the third to be named by the President of Institution of Engineers, India. If either of the parties fails to appoint its arbitrator within thirty (30) days after receipt of a notice from the other party invoking the arbitration clause, the President of the Institution of Engineers, India shall have the power at the request of either of the parties, to appoint the arbitrators. A certified copy of the said President making such an appointment shall be furnished to both the parties.

14.3 The arbitration shall be conducted in accordance with the provisions of the

Arbitration & Conciliation Act, 1996 or any statutory modification thereof. 14.4 Arbitration(s) shall give reasoned award. 14.5 The decision of the majority of the arbitrators shall be final and binding upon

the parties. The expenses of the arbitration shall be paid as may be determined by the arbitrators. The arbitrators may, from time to time with the consent of all the parties enlarge the time for making the award. In the event of any of the



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aforesaid arbitrators dying, neglecting, resigning of being unable to act for any reason, it will be lawful for the party concerned to nominate another arbitrator in place of the outgoing arbitrator.

14.6 The arbitrator shall have full powers to review and/or revise any decision, opinion, directions certification or valuation of the Engineer in consonance with the contract.

15.0 ARBITRATION(WITH CPSEs) 15.1 All disputes or differences in respect of which the decision, if any, of the

Engineer has not become final or binding as aforesaid shall be settled by arbitration in the manner hereinafter provided.

15.2 The arbitration procedure shall be as per the guidelines issued by DPE (department of Public Enterprise).

15.3 Also refer the attached Annexure as under:-

In exercise of the Powers conferred by Article……….of the Articles of Association of the (name of the CPSE/Bank/Port Trust etc.)/ Section……..of the……Act of setting up of the (name of the CPSE/Bank/Port Trust etc.). The President of India is pleased to direct that all disputes relating to all commercial agreements (except income tax, customs, excise duty and also concerning Railways) between (name of Company/Corporation/Bank/Port Trust) and (name of another Public Sector Undertaking/ Government Department/Bank/Port/Trust etc.) shall be referred to the Permanent Machinery of Arbitrators (PMA) set up in the Department of Public Enterprises. The President is further pleased to direct that the following Arbitration Clause shall be included in all current and future contracts/agreements etc. and that in respect of ongoing contracts they should be suitably amended to include such a clause:

“In the event of any dispute or difference relating to the interpretation and application of the provisions of the contracts, such dispute or difference shall be referred by either party for Arbitration to the sole Arbitrator in the Department of Public Enterprises to be nominated by the Secretary to the Government of India in-charge of the Department of Public Enterprises. The Arbitration and Conciliation Act, 1996 shall not be applicable to Arbitration under this clause. The Award of Arbitrator shall be binding upon the parties to the dispute, provided, however, any party aggrieved by such award may make a further reference for setting aside or revision of the award to the Law Secretary, Department of Legal Affairs, Ministry of Law & Justice, Government of India. Upon such reference the dispute shall be decided by the Law Secretary or the Special Secretary/Additional Secretary, when so authorized by the Law Secretary, whose decision shall bind the Parties finally and conclusively. The Parties to the dispute will share equally the cost of arbitration as intimated by the Arbitrator”

16.0 LIMITATION OF LIABILITY

Except in cases of criminal negligence or willful misconduct,

GCC- {PPR-16