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TAMILNADU GENERATION AND DISTRIBUTION CORPORATION LIMITED
TENDER SPECIFICATION FOR SUPPLY OF IRON AND STEEL
(HEAVY & LIGHT STRUCTURALS) FOR TTPS
SPECIFICATION NO: CE/M/TS/O.T.No.15
2013 - 2014
DUE ON : 24.12.2013
OFFICE OF THE CHIEF ENGINEER/MECHANICAL,
THERMAL STATIONS,144, ANNA SALAI,
CHENNAI - 600 002.
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TAMILNADU GENERATION AND DISTRIBUTION CORPORATION LIMITED SPECIFICATION NO.CE/M/TS/O.T. No.: 15 /2013-2014
1) For the supply of : Iron & Steel – Heavy Structurals & Light Structurals for TTPS
2) Quantity : 1. Heavy Structural : 1183.00 MT 2. Light Structurals : 177.00 MT
3. IR 52 Rails(in standard : 20 Nos length of 12-13 metres) 3) Pre bid meeting : 11.00 Hrs. on 18.12.13
4) Closing date for sale of } 14.00 Hrs. on 23.12.13 specification }
5) Due date & time for receipt of } 14.00 Hrs. on 24.12.13 tenders }
6) Due date & time for opening of } 14.30 Hrs. on 24.12.13tenders }
If the due date for receiving and opening the tenders happens to be declared holiday, then the tender will be received and opened on the next working day, for which no prior intimation shall be given.
7(i) Earnest Money Deposit : Rs.5,000/- (Rupees five thousand only)
(ii) Permanent EMD slabs :
a. For Main Producers (Government of India Undertaking) only Rs.2,00,000/- without any monetary limit.
b. For others :
PEMD holders of Rs.10,00,000/- and above in TANGEDCO Limited are
eligible to participate in this tender .
8) Tender outer cover should be } Chief Engineer/Mechanical,addressed to } Thermal Stations,
III Floor, NPKRR Maaligai,144, Anna Salai,Chennai – 600 002.
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Tele – Fax: 044 – 28585804
9) Method of submission of tender : Two part open Tender system
10) Clarification to be sought from : Superintending Engineer,Thermal Purchase,III Floor, NPKRR Maaligai,144, Anna Salai,Chennai – 600 002.Phone: 044 - 28552088.
11) Required number of tender } Two copies.copies (original & duplicate) }
12) Place at which tenders will be } Superintending Engineer,opened. } Thermal Purchase,
III Floor, NPKRR Maaligai,144, Anna Salai,Chennai – 600 002.
13) Cost of tender specification : Rs.10,000/- within Tamil Nadu Rs.10,000/- out side TamilNadu
Rs.100/- to be paid extra if the Tender documents are required by post .NOTE:
The tender documents are available in the Tamil Nadu Generation and Distribution Corporation Limited website ("http://www.tangedco.gov.in") & in Government of Tamil Nadu web site ("http://www.tenders.tn.gov.in) and the prospective bidders may get the specification by down-loading from Tamil Nadu Generation and Distribution Corporation Limited website and from Government of Tamil Nadu web site at free of cost. The tender documents can also be purchased by paying the cost of tender specification from the Superintending Engineer/Thermal Purchase, III Floor, 144, Anna Salai, Chennai - 2.
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INDEX
SL.No.
SECTION DESCRIPTION PAGE No.
1 I EARNEST MONEY DEPOSIT 5
2 II BID QUALIFICATION REQUIREMENT 8
3 III REJECTION OF TENDERS 10
4 IV INSTRUCTION TO TENDERERS 11
5 V COMMERCIAL TERMS AND CONDITIONS 19
6 VI TECHNICAL SPECIFICATION 31
7 VII FORMATS (Schedules)A, A1, B & B1 - List of materials & Prices 32C) DEVIATION FROM TECHNICAL SPECIFICATION
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D) DEVIATION FROM COMMERCIAL TERMS 41E) PAST PERFORMANCE DETAILS 42F) Undertaking for payment of dues to TANGEDCO
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G) Undertaking for legal proceedings Jurisdiction.
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H) Tender form 46I) Certificate 47
8 VIII FORMATS
(i) Undertaking in lieu of making payment of Earnest Money Deposit
(ii) Bank Guarantee for Security Deposit
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SECTION – I
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EARNEST MONEY DEPOSIT
1) Tenderer should pay the specified amount towards Earnest Money Deposit as follows:
Earnest Money Deposit : Rs.5,000 /- (Rupees Five thousand only ) 2) The Earnest Money Deposit specified above should be in the form
of a DEMAND DRAFT / BANKER CHEQUE for the above amount from any of the Nationalised / Scheduled / Foreign Banks with branches in India payable to “ TANGEDCO COLLECTION ACCOUNT” , Chennai-600 002. The above Demand Draft / Banker's Cheque should be placed in the outer sealed cover or in “A” cover but not in “B” cover.
3) The Tenderers who are having valid Permanent EMD with TANGEDCO for an amount as mentioned below are exempted from payment of Earnest Money Deposit and are eligible to participate in the tender.
PEMD
a. Rs.2,00,000/- For main producers (Governmentof India Undertakings) only without any monetary limit.
b. For others : PEMD holders of Rs. 10,00,000/- and above in
TANGEDCO Limited are eligible to participate in this tender .
Firms who have PEMD less than specified above are not eligible to participate on the basis of the PEMD deposited by them even for lesser quantity and value. If the Tenderer desires to become a Permanent EMD holder, he is advised to deposit the required amount with the Board as Permanent EMD well in advance, obtain a certificate from the Financial Controller/Purchase and enclose the copy of the same along with the tender offer as mentioned in Clause-2 above.
4. The EMD will not carry any interest .
5. The Earnest Money Deposit will be refunded to the unsuccessful tenderers on application to the Superintending Engineer/ Thermal Purchase after intimation of the rejection/ non-acceptance of their tender is sent to them.
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6. CHEQUE will not be accepted towards EMD and the tenders shall be rejected if EMD is not paid in the prescribed manner.
7 (i) The following categories of Industries are exempted from payment of
Earnest Money Deposit.a) The SSI Units located within the State and registered with TANSIDCO.b) The SSI Units located within the state and registered with NSIC.c) The SSI Units holding permanent registration certificates from the
District Industries Centers of Directorate of Industries and Commerce in respect of those items covered under the Registration Certificate.
d) Department of Government of Tamil Nadu.e) Undertaking and Corporation owned by Government of Tamil Nadu.f) Labour Contract Co-operative Society.g) Tiny Industries classified as SSI registered within the State of Tamil
Nadu and Registered certificate issued by the Department of Industries and Commerce / Government of Tamil Nadu.
h) SSI Units located outside the state registered with NSIC for the products manufactured by them.
(ii) SSI Units having provisional registration certificate are not eligible for exemption , from payment of EMD.
8(i) Those tenderers who are exempted from payment of EMD shall furnish the audited attested copy of profit and loss account, Balance sheet along with the proof for exemption from paying EMD in order to ensure the SSI status based on the investment held in plant and machinery. In case the investment held by them in plant and machinery as per their statement of Accounts exceeds Rs.5 crores,the General Manager,District Industries Centre concerned shall be requested to verify the SSI status of the firm. Till the receipt of confirmation from GM/District Industries Centre concerned,the exemption from paying EMD for SSI units shall not be extended.
(ii) Those tenderers who are exempted from payment of EMD shall furnish in lieu of EMD an undertaking in a non-judicial Stamp paper of value not less than Rs.80/- (Rupees Eighty only) in the form as per section VIII to the effect to pay as penalty an amount equivalent to EMD or an amount 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 to such breach of contract. The State Government, Public Sector Undertakings who are exempted from payment of EMD should also pay as penalty an amount equivalent to the amount fixed as Earnest Money Deposit in the event of non-fulfillment or non-observance of any of the conditions stipulated in the contract. The authorized signatory shall offer his signature in all the stamp papers.
9.(a)TENDERS RECEIVED WITHOUT THIS UNDERTAKING WILL NOT BE OPENED.(b) Tender will not be opened if the undertaking is not signed/authenticated in
all pages of undertaking. EMD amount and specification number and other details shall be duly filled up and signed in the undertaking.
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10) Small Scale Industries registered within the State of Tamil Nadu shall enclose duly attested Photostat copy of their Permanent Registration Certificate issued by the District Industries Centre as SSI Unit or the attested photocopy of Entrepreneur Memorandum Part-II and acknowledgement for the Enterpreneur Memorandum Part-II issued by DIC, subject to the material tendered or the attested photocopy of valid registration certificate issued by NSIC for small scale industrial unit for subject materials specifying capacity for which they are permitted to manufacture and the period of validity of the certificate as proof of eligibility for exemption from payment of EMD inside the outer envelope or in envelope ‘A’ as specified in clause-2 above.
11) Others viz. Central and other State Government Departments/ Undertakings and Corporations other than those in Tamil Nadu shall have to pay Earnest Money Deposit.
12) The following should be enclosed along with the tender offer inside the outer cover or in “A” cover.
Demand Draft/Banker's Cheque or the proof of exemption of EMD and an undertaking in lieu of EMD or proof of Permanent EMD. If, on opening the outer cover and A cover it is found that the above have not been enclosed along with the tender, then their offer will be SUMMARILY REJECTED without opening the inner envelope “ B.”
13)The Earnest Money Deposit / Permanent EMD made by Tendererwill be forfeited if:
a) he withdraws his tender or backs out after acceptance.
b) he withdraws his tender before the expiry of validity period stipulated in the Specification or fails to remit the Security Deposit.
c) he violates any of the provisions of these regulations contained herein.
d) he revises any of the terms quoted during the validity period.e) in the event of documents furnished with the offer being found to be bogus or the documents contain false particulars, the EMD paid by the Tenderers will be forfeited in addition to blacklisting them for future tenders/contracts in TANGEDCO.
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SECTION-II
BID QUALIFICATION REQUIREMENTS (BQR)
The bids received from the following tenderers will be considered.
I) Integrated Steel Plants.(M/s.SAIL, M/s.RINL, M./s.TATA STEEL, M/s.JINDAL STEEL etc.)/Rerollers who rolls down ingots/billets obtained from Integrated steel plants.
a) The annual production turn over shall be 1,000 MT (One thousand ) and above during any one of the last three years (2010-2011, 2011-2012 and 2012-2013). Necessary documentary evidence viz. Profit/Loss statement or Auditors certificate in proof of the production turn over should be furnished along with the offer.
b) The annual financial turn over shall be not less than Rs.2 crores. (Two Crores) during any one of the last three years (2010-2011, 2011-2012 and 2012-2013) .Necessary documentary evidence viz. Profit/Loss statement or Auditors certificate or the attested copy of Income Tax return filed by the bidder or the attested copy of sales tax clearance certificate or attested copy of enlistment certificate issued by NSIC containing turnover details of the bidder in proof of the financial turn over should be furnished along with the offer.
c) The company should furnish currently valid BIS registration certificate for Iron and Steel materials.
II. Authorized dealers for primary steel producers viz., (i) SAIL, (ii) RINL,(iii).
TATA STEEL, (iv). JINDAL STEEL Group (v). ESSAR STEEL. Etc .
a)The above primary steel producers should have an annual production turn over of 1000 MT. (One thousand ) and above during any one of the last three years with an annual financial turn over of not less than Rs.2 Crores (Rupees Two Crores) during any one of the last three years .
Necessary documentary evidence viz. Profit/Loss statement or Auditors certificate or the attested copy of Income Tax return filed by the bidder or the attested copy of sales tax clearance certificate or attested copy of enlistment certificate issued by NSIC containing turnover details of the bidder in proof of the financial turn over and Profit/Loss statement or Auditors certificate in proof of the production turn over of the primary steel manufacturer should be furnished along with the offer.
b)The authorized dealers should furnish currently valid BIS registration certificate for Iron and Steel materials issued to their primary steel producers.
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c) The authorized Dealers shall furnish the dealership Certificate issued by the Primary Steel producers.
Note: 1) The tenderer should furnish the attested copy of BQR
evidences along with the tender, otherwise the offer will be
summarily rejected.
2) Copy of BQR evidences should be attested by any Gazetted
officer or Notary Public.
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SECTION – III
REJECTION OF TENDERS
I. Tender will be summarily rejected if
a) Not accompanied by the EMD or proof of exemption from payment of
EMD.
b) Not meeting the Bid Qualification Requirements.II. Tender is liable for rejection if it is
a) Not in the prescribed form of Schedules A to I enclosed in this
specification.
b) Not properly signed by the tenderer.
c) Received after the expiry of the due date and time.
d) Not in conformity with the Corporation’s commercial terms and technical specifications.
e) Received by telex or Fax or telegram or E-mail.
f) Received without superscription as prescribed in the specification.
g) Received from the tenderer who is directly or indirectly connected with Government service or Corporation service or service of Local Authority.
h) Received from the tenderer whose past performance/undertaking is not satisfactory.
i) Received from the Black listed firm or contractor.
j) With validity period less than that specified in the specification.
k) Incomplete and evasive offer.
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SECTION – IV
INSTRUCTIONS TO TENDERERS
1.0. Sealed tenders in two part system (a) Technical Bid with Commercial terms but without price bid and (b) price bid (both bids in duplicate) in accordance with the attached commercial terms and technical specifications will be received for and on behalf of Tamil Nadu Generation and Distribution Corporation Limited herein after referred to as Corporation so as to reach on or before the due date prescribed. All the tenders shall be prepared and submitted strictly in accordance with the instructions set forth herein.
1.1. The Tamil Nadu Transparency in Tender Act 1998 and the Tamil Nadu Transparency in Tender Rules 2000 and subsequently amendments thereof are applicable to this tender.
1.2. The tenderers who do not fulfill the “Bid Qualification Requirement” as per Section – II need not participate in the tender.
2.0. SCOPE OF SUPPLY:The scope of supply of the material (described in schedule – A & B)
includes manufacture, inspections and testing of the materials detailed herein.
3.0. SUBMISSION OF TENDER OFFER:3.1. The tenderer is expected to examine all instructions, schedules and annexures detailed in the specification and submit the schedule of prices and other required particulars in the schedules called for in this specification, only as per the formats prescribed herein.
4.0. TWO PART RATE CONTRACT OPEN TENDER SYSTEM:4.1. The tenders shall be in Two part as detailed below, each in a separate sealed envelope marked,
“ENVELOPE – A” and “ENVELOPE – B”
4.1.1. The first envelope, called Envelope – A shall contain:
a) Un-priced bid as per schedules A, B, C, D, E, F, G, H & I (i.e. commercial bid with technical terms except price).
b) Documentary evidence in support of Bid Qualification Requirements as per Section - II.
c) Any other information called for in the specification other than price.
The envelope – A should not contain any price bid.
The offers containing the price in ‘ENVELOPE – A’ will not be read out and summarily rejected.
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4.1.2. “ Envelope –B ” shall contain the price bid only as per schedules - A1 & B1 ”.
4.2. The tender in two parts shall be prepared in duplicate and put in separate sealed envelopes (Envelope-A & Envelope-B) as instructed above. Envelope – A & Envelope – B shall be placed in an overall envelope. This shall be addressed to the Chief Engineer/Mechanical/Thermal Stations/III Floor, NPKRR Maaligai, 144, Anna Salai, Chennai – 600 002.
4.3. The approved form of Earnest Money Deposit i.e. DD/BC/PEMD certificate / undertaking in lieu of EMD may be placed either inside the ‘A’ cover or in the over all envelope.
4.4. OUTER COVER SHALL CONSIST OF:i) EMD in approved form may be placed either inside the ‘A’ cover or in the over all envelope.ii) Envelope – Aiii) Envelope – B
4.5. Envelope – A and Envelope – B and the overall envelope should be individually sealed, superscribed with the specification number, materials offered and due date of submission and addressed to the Chief Engineer/ Mechanical/Thermal Stations/III Floor, NPKRR Maaligai, 144, Anna Salai, Chennai – 600 002.
4.6. The tender offers in complete shape shall be sent so as to reach the Chief Engineer/Mechanical/Thermal Stations/III Floor, NPKRR Maaligai, 144, Anna Salai, Chennai – 600 002, on or before 2.00 P.M. on the due date of submission of offers. 4.7. Upon successful verification of the fulfillment of the requirement of Earnest Money Deposit, the Envelope – A containing un priced bid i.e. Commercial and Technical Terms except price will be opened on the same day in respect of eligible tenderers satisfying the EMD requirements.
4.8. OPENING OF PRICE BIDS:Envelope – B containing price bid will not be opened at the time of
opening Envelope – A, but will be authenticated in the covers by the officers authorised to open the bids. Envelope – B so authenticated will be kept under the safe custody of the empowered officer to open the tender. Envelope – B Price Bid will be opened later, the date of which will be intimated to the tenderer at a later date for the tenderers who have fulfilled the “Bid Qualification Requirements” and have accepted the specified commercial and technical terms of this specification.
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4.9. SUBMISSION OF TENDER:4.9.1. The tender offer consisting of schedules – A to I should be filled up and signed by the tenderer or any person holding power of attorney authorising him to sign on behalf of the tenderer before submission of the tender. Date of signature shall invariably be indicated.
4.9.2. The tender shall contain the name, residence and place of business of person or persons submitting the tender.
4.9.3. In the event of tender being submitted by other than a firm, it must be signed by a partner (copy of partnership deed should be enclosed) and in the event of the absence of any partner, it shall be signed on his behalf by a person holding a power of attorney authorising him to do so, certified copies of which shall be enclosed.
4.9.4. Tender submitted on behalf of companies registered under the Indian companies Act, shall be signed by person duly authorised to submit the tender on behalf of the company and shall be accompanied by certified true copies of the resolutions, extracts of the articles of association, special or general power of attorney etc. to show clearly the title, authority and designation of persons signing the tender on behalf of the company.
4.10. MODIFICATIONS/CLARIFICATIONS TO TENDER DOCUMENTS:4.10.1. At any time after the issue of the tender documents and before the opening of the tender, Corporation may make any changes, modifications or amendments to the tender documents and shall send information of such change to all those who have purchased the tender documents.
4.10.2. In case any tenderer asks for a clarification to the tender documents before 48 hours of opening of tender, the Chief Engineer/ Mechanical/Thermal Stations/III Floor, NPKRR Maaligai, 144, Anna Salai, Chennai – 600 002, will clarify the same. The reply to clarifications sought for will be communicated to all those who have purchased the tender documents without identifying the source of the query.
4.10.3. If any tenderer raises clarifications after the opening of the tender, the clarified reply issued by the Chief Engineer/Mechanical/Thermal Stations/III Floor, NPKRR Maaligai, 144, Anna Salai, Chennai – 600 002, on the clarifications will be final and binding on the tender.
4.11. All tender offers shall be prepared by typing or printing in the formats enclosed with this specification. One original and one duplicate of the original proposal which are identical shall be submitted by each tenderer.
4.12. All information in the tender offer shall be in ENGLISH only. It shall not contain interlineations, erasures or over writings except as necessary to correct errors made by the tenderer. Such erasures or other changes in the tender documents shall be attested by the persons signing the tender offer.
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4.13. ALTERNATIVE TENDERS:Bid should be submitted as per indent of the tender documents, as
alternative offers are liable to be rejected.
4.14. QUOTATION OF RATES:4.14.1. Rates should be quoted in both figures and words in INDIAN RUPEES only. In case of ambiguity between rates in figures and words, lower of the two will be taken for tender evaluation.
4.14.2. Offers giving lumpsum price, without giving their break up as per details required in the attached price schedules – A1 & B1 shall be liable for rejection.
4.15. PRINTED TERMS AND CONDITIONS IN TENDER:Supplier’s printed terms and conditions will not be considered as
forming part of the tender under any circumstances.
4.16. ALTERATIONS/CORRECTIONS IN TENDER:No alterations in the tender document will be permitted after it is
submitted.
4.17. INCOMPLETE TENDER:Tender, which is incomplete, obscure or irregular is liable for rejection.
4.18. AMBIGUITIES IN CONDITIONS OF TENDER:In case of ambiguous or contradictory terms/conditions mentioned in
the bid, interpretation as may be advantageous to the purchaser may be taken without any reference to the tender.
4.19. DISQUALIFICATION OF TENDER:A tender which gets opened before the due date as a result of
improper indication or no indication having been given on the cover to indicate that it is a tender, will be rejected. Tenderers will not be permitted to change the substance of their tender on post interpretation/improper understanding grounds. This includes post tender price changes/modifications etc. after opening of price bids.
4.20. The tender offer shall contain full information asked for in the accompanying schedules and elsewhere in the specification.
4.21. The tenderer has the option of sending the offer by Registered Post or submitting the same in person so as to reach by the date and time indicated.
4.22. In case of postal delivery, tenderers are advised to send them well in advance so that they are delivered at the office of the Chief Engineer/ Mechanical/Thermal Stations/III Floor, NPKRR Maaligai, 144, Anna Salai, Chennai – 600 002, before the said date and time.
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4.23. The tenders delivered in person or courier shall be handed over to the Executive Assistant to the Chief Engineer/Mechanical/Thermal Stations/III Floor, NPKRR Maaligai, 144, Anna Salai, Chennai – 600 002, before 14.00 Hrs. on the due date.
4.24. The Corporation will not be responsible for any postal or other transit delay in receipt of the tender offer.
4.25. Telex/FAX/E-mail or Telephonic offers will not be entertained and will be rejected.
4.26. Any offer received by the purchaser after the due date and time specified for submission of the tender offer will be declared late, rejected and returned unopened to the tender.
4.27. No tender offer shall be allowed to be modified subsequent to the dead line for submission of the tender offer.
4.28. Tenderers shall bear all costs associated with the preparation and delivery of its offer and the purchaser will in no case be responsible or liable for these costs.
4.29. No offer shall be withdrawn by the tenderer in the interval between the deadline for submission and the expiry of the period of validity specified/ extended validity of the tender offer.
4.30. Tenders received from agents, Joint Ventures will not be considered. If the bids are received through consortium, the same will not be considered and the bids will be rejected.4.31. The tenderers are requested to furnish the exact location of their factories with detailed postal address and pin code, telephone and fax nos. etc. in their tenders, so as to arrange inspection by the Corporation, if considered necessary.
5.0. TENDER OPENING:5.1. Opening of commercial & technical bids without price (Envelope – A):
The tender offers except price bid will be opened at 14.30 Hrs. on the date notified, at the Office of the Superintending Engineer/ Thermal Purchase, III Floor, NPKRR Maaligai, 144, Anna Salai, Chennai – 600 002, in the presence of tenderer’s authorized representatives who may wish to be present on the date of opening.
5.2. If the last date set for submission of tender offers and opening date happens to be a holiday, the tenders will be received and opened on the succeeding working day without any changes in the timings indicated.
5.3. The duly authorised representatives of the tenderers who are present shall sign the tender opening register.
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5.4. OPENING OF THE PRICE BIDS (Envelope – B):The date and time of opening of price bids shall be later notified to the
bidders who fulfill the BQR criteria and whose bids are found to be commercially and technically acceptable.
5.5. The tenderer’s name, prices, all discounts offered and such other details as the Corporation, at its discretion, may consider appropriate will be announced and recorded at the time of tender opening.
6.0. INFORMATION REQUIRED AND CLARIFICATIONS:6.1. In the process of examination, evaluation and comparison of tender offers, the Corporation may at its discretion, ask the tenderer for a clarification of his offers. All responses to requests for clarifications shall be in writing to the point only. No change in the price or substance of the offer shall be permitted.
6.2. The Corporation will examine the tender offers to determine whether they are complete whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed and whether the offers are generally in order.
6.3. The tender offers shall be deemed to be under consideration immediately after they are opened and until such time official intimation of award/rejection is made by the tender accepting authority to the tenderers. The tenderers shall not make attempts to establish unsolicited and unauthorised contact with the tender inviting authority, tender accepting authority or tender scrutiny committee after the opening of the tender and prior to the notification of the award and any attempt by any tenderers to bring to bear extraneous pressures on the tender accepting authority shall be sufficient reason to disqualify the tenderer.
6.4. After acceptance of the tender by the tender accepting authority, the details will be arranged to be published in the tender bulletin of Tamil Nadu Government.
6.5. Mere submission of any tender offer connected with these documents and specification shall not constitute any agreement. The tenderer shall have no cause of action or claim, against the Corporation for rejection of his offer, except as mentioned in clause 11.0 of Section – IV. The Corporation shall always be at liberty to reject or accept any offer or offers at its sole discretion and any such action will not be called into question and the tenderer shall have no claim in that regard against the Corporation.
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7.0. EVALUATION AND COMPARISON OF THE TENDER OFFERS :a. The tender clauses of this specification is fully governed as per Tamil
Nadu Transparency in Tender Act 1998 and Tamil Nadu Transparency in Tender Rules 2000.
b. The evaluation shall include all central duties such as excise duty, freight, insurance, packing charges, etc., wherever applicable.
c. If the tenderers are both from the State of Tamil Nadu as well as from outside the state of Tamil Nadu, the TNVAT quoted by the tenderers situated in the State of Tamil Nadu shall be excluded and CST quoted by the tenderers situated outside the State of Tamil Nadu shall be included for the evaluation of the offers received to determine the L1 tenderer. Otherwise, all inclusive price will be taken into account for evaluation purpose, if the tenderers are either from outside Tamil Nadu or within Tamil Nadu.
d. In case of discrepancy between the prices quoted in words and figures, the lower of the two shall be considered.
e. The quoted prices shall be corrected for arithmetical errors.f. Offers will be evaluated item wise .
8.0. VALIDITY:8.1. The tender offer shall be kept valid for a period of 180 days from the date of opening of offers. The offers with lower validity period are liable for rejection.
8.2. Further the tenderer shall agree to extend the validity of the bid without altering the substance and prices of their bid for further periods, if any required by the Corporation .
9.0. RIGHTS OF THE CORPORATION :9.1 Not withstanding any thing contained in this specification, the Corporation reserves the right:-a) to vary the quantity finally ordered to the extent of 25% either way of
the requirement indicated in the tender document.b) to split the tendered quantity and place orders on one or more than
one firm as per the Tamil Nadu Transparency in Tender Rules 2000 since the tendered material is so vital in nature and the failure in supply would affect the public interest.
c) to recover losses, if any, sustained by Corporation , from the supplier who pleads his inability to supply and backs out of his obligation after award of contract. The security deposit paid shall be forfeited.
d) to cancel the orders for not keeping up the delivery schedule.e) to accept the lowest tender.f) to revise the quantities at the time of placing orders.g) to reject any or all the tenders or cancel without assigning any reasons
thereof.h) to relax or waive or amend any of the conditions stipulated in the
tender specification wherever deemed necessary in the best interest of the Corporation.
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9.2. The purchaser reserves the right to request for any additional information and also reserves the right to reject or accept the proposal of any tenderer, if in the opinion of the purchaser, the qualification/data is incomplete or in the opinion of the Corporation, the bidder is found not qualified to satisfactorily perform the contract.
10.0. DEVIATIONS:10.1. The offers of the tenderers with deviations in commercial terms and technical terms of the tender document are liable for rejection.
10.2. No alternate offer will be accepted.
11.0. BAR OF JURISDICTION:Save as otherwise provided in the Tamil Nadu Transparency in Tender
Act 1998, no order passed or proceeding taken by any officer or authority under this act shall be called in question in any court, and no injunction shall be granted by any court in respect of any action taken or to be taken by such officer or authority in pursuance of any power conferred by or under this act.
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SECTION – VCOMMERCIAL
1.0. SCOPE:1.1. The scope of supply of the material includes manufacture, inspection, testing, of the materials detailed herein.
2.0. PLACING OF ORDERS ON RATE CONTRACT BASIS:2.1. It is not binding on the Corporation to accept the lowest or any tender. The Corporation reserves the right to split and place orders for the items with different tenderers and for revising the quantities at the time of placing the orders. The Corporation reserves the right to vary the quantity finally ordered to the extent of 25% either way of the requirement indicated in the tender documents.2.2. The award of contract will be issued to the successful tenderer with all Corporation’s terms and conditions, duly indicating the approved unit rates and the approximate quantity allotted to them to be supplied within the contract period. The approved rates shall be kept FIRM during the entire contract period.
3.0. PRICE:3.1 The price is FIRM and the tenderers are requested to quote FIRM price after taking into account all discounts availed by them.3.2 The prices quoted should be in the format as per schedule A1 & B1 .
a) Unit All-inclusive price including Excise Duty, Packing and Forwarding, Freight and Insurance for Delivery of the materials at TTPS stores.
b) Central Sales Tax/TNVAT. (Percentage and amount)Unloading the material at the destination Stores should be done by the Supplier, free of cost.
3.2.1 The tender offer should also contain the breakup details as below:Unit Ex-works price,Excise Duty applicable on Ex-Works Price and Edu. cess on E.D.(Percentage & amount),Freight and Insurance charges,Central Sales tax/TNVAT on Ex-Works Price plus Excise Duty (Percentage & amount)The Freight & Insurance Charges shall be applicable for delivery to TTPS stores. The above breakup details should be clearly indicated in the Schedule-A1 & B1 in the absence of which the offer shall be liable for rejection
3.3. All the tests specified shall be conducted at tenderers cost.3.4. The tenderer should quote their rates taking into account the excise duty relief available to them on account of duty paid for procurement of raw materials under CENVAT scheme.
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4.0. CST/TAMIL NADU VALUE ADDED TAX:4.1. The Central Sales Tax / TN Value Added Tax will be paid extra as applicable. The amount of Central Sales Tax /TN Value Added Tax and percentage payable shall be indicated separately in the tender offer. Central Sales Tax/ TN Value Added Tax is not applicable to freight and insurance charges.
4.2 The TANGEDCO Ltd has been registered as a dealer under CST Act 1956 (Registration No.956815) and under TNVAT Act 2006 with TIN No.33060641471.
4.3 As per G.O. MS No.77 dated 11.7.2011 Notification – III No.II(1)/CTR/12(R-17)/2011, the concessional rate of VAT @5% is applicable for the goods supplied to TNEB Ltd, TANGEDCO and TANTRANSCO, used in Generation, Transmission and Distribution of Electrical energy except Petropl, Cement & Diesel. Further , as per G.O.MS No.77 dated 1.7.2011 Notification –IV No.II(1)/CTR/12(R-18)/2011 , the concessional rate of VAT @5% is applicable for the sale of goods for use in the execution of turnkey projects by contractors who have entered into agreement with TNEB Ltd, TANGEDCO and TANTRANSCO, subject to the condition that the dealer /Purchaser obtains and furnishes a certificate in the prescribed form.
The necessary certificate as per G.O. shall be furnished for availing concessional rate of VAT. The “C” Form for the classes of goods specified for the purpose as per CST Act shall be furnished for availing concession /Nil rate of CST.
4.4 Appropriate TNVAT, if any found admissible will be paid over and above the purchase price in accordance with the provisions of the relevant value added tax act in force and Form C declaration, if needed may be obtained from the consignee officers concerned.
4.5. Provided always, it is hereby agreed and declared that in case where the Corporation has doubt whether Central Sales Tax / TN Value Added Tax is not at all payable for the transaction in question, the Corporation reserves the right, to withhold the payment of tax until the party produces an order of Court of competent jurisdiction, declaring the liability of the transaction to Central Sales Tax / TN Value Added Tax. Concessional rate of CST/TNVAT @ 5%, if any, shall be taken into account and included in the price quoted giving proof thereof.
4.6. In case of delayed delivery, the Central Sales Tax / TN Value Added Tax prevailing on the actual date of delivery or the Central Sales Tax / TN Value Added Tax on the last day of the contractual delivery period whichever is LESS will be admitted. For both the cases the supplier shall furnish documentary evidence while submitting the bills for payment.
4.7 Applicable rate of CST is 2% with effect from 01.04.2008.
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4.8. The following certificates have to be furnished for admittance of claim of Central Sales Tax / TN Value Added Tax.
i) Certified that the transaction in which the CST/TNVAT has been claimed and has been/will be included in the return submitted/ to be submitted to the Central Sales Tax / TNVAT authorities for assessment of the Central Sales Tax / TN Value Added Tax and the amount of Central Sales Tax / TN Value Added Tax claimed from the purchaser has been/will be paid to the sales tax authorities.
ii) Certified that the goods on which the Central Sales Tax / TNVAT has been charged have not been exempted under CST act or TNVAT and the rules made there under and the charges on account of Central Sales Tax / TNVAT on these goods are correct, under provisions of relevant act or rules made there under.
iii) Certified that we shall indemnify the Corporation, in case it is found later on that wrong or incorrect payment has been received on account of Central Sales Tax / TNVAT paid by us.
iv) Certified that we are registered as dealer under the Central Sales Tax Act and our registration No. is ..................... and under TNVAT Act 2006 our registration No. is .....................
v) Certified that TNVAT credit availed by me has been taken into account in the rates quoted.
5.0. EXCISE DUTY:5.1. It is the responsibility of the tenderer to make sure about the correct rates of duty leviable on the material at the time of tendering. If the rate assumed by the tenderer is less than the current rates prevailing at the time of tendering, the Corporation will not be responsible for the mistake. If the rates assumed by the tenderer are higher than the current rates prevailing at the time of tendering, the Corporation will not be responsible for the mistake.
5.2. Any increase in excise duty consequent to the suppliers coming into different duty slab during the execution of the contract shall have to be taken into account and the all inclusive FIRM price shall be quoted accordingly by the tenderers. No claim for increase in the above respect will be admitted. Any variation in excise duty to statutory variation within the contractual delivery date shall be considered.
5.3. In case of delayed delivery, the excise duty prevailed on the date of actual delivery or the excise duty applicable on the contractual delivery period whichever is less shall be admitted.
5.4. Authenticated invoice containing the details viz. Central Excise, registration No., PLA No., etc. Date and time of removal of goods, debit entry in PLA / RG 23 duly authenticated by authorised signatory shall be preferred by the supplier for claim of ED.
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5.5 The tenderer who have quoted ED as NIL & in the event of placement of order on such tenderer against this specification where the value of the order is above 150 lakhs, such tenderer shall furnish an undertaking to the effect that the ED commitment on account of crossing the turnover slab will be discharged to the ED authorities and that the Corporation shall not be responsible for any ED evasion by the tenderer in respect of this transaction.
5.6 In the case of the tenderer who have quoted ED as NIL& in the event of placement of order against this specification and the proposed order value is less than 150 lakhs, the tenderer shall furnish an undertaking to the effect that he has not obtained any other order in the same financial year and that the Corporation shall not be responsible for ED evasion if any by the tenderer in respect of this transaction.5.7 If the bidder has availed CENVAT credit on Excise Duty if any, the same shall be taken into account while quoting the price and necessary certificate shall also be enclosed in the offer to evidence the same.6.0 PAYMENT:
6.1. Payments will not be made for materials damaged during transit. All defective materials shall be replaced by the supplier free of charge.
6.2 Payment for the supplies will be made by the Superintending Engineer/P&A at the Tuticorin Thermal Power Station by cheque only on any one of the Nationalised Banks / Scheduled Banks approved by Reserve Bank of India in Tamil Nadu. The Bank charges involved in making the payment will be to the account of the Tenderer.
I For the materials delivered within delivery period :
100% of all inclusive price on receipt of materials in good condition at site with in a reasonable time will be paid against submission of bills with required documents after deducting 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 with in a reasonable time will be paid against submission of bills with required documents after deducting L.D and other recoveries, if any .
III For delayed payments, if any , Board will not pay any interest on any account.
6.3. In cases of delayed supply, the materials will be accepted subject to the following conditions.
a) There should be no declining trend prices. b) Payment will be released as per the recent purchase order rates or lowest rates obtained during the recent tenders opened
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subject to levy of liquidated damages for belated supplies.c) Board reserves the right to accept or reject the delayed supplies without assigning any reason there for and take action as per the other terms and conditions of this specification.
6.4. The bills for payment will be passed only after the approval / acceptance of the following:
a) Security Deposit b) Sales Tax / VAT Clearance Certificate c) Test Certificated) Guarantee Certificatee) PAN No.f) Undertaking towards jurisdiction for legal proceedings.
7.0. SECURITY DEPOSIT:7.1. The successful tenderer other than Public Sector Undertakings like SAIL, RINL, etc., will have to furnish 5% of the (all-inclusive) order value as security deposit in the form of DD/Banker’s cheque/irrevocable bank guarantee. The Public Sector Undertakings like SAIL, RINL, etc., will have to furnish Rs.1000/- (Rupees one thousand only) as security deposit in the form of DD/Banker’s cheque.
Note:i) The security deposit shall be in the form of Demand Draft/Banker’s
cheque only for the value of order up to Rs.10 lakhs.
ii) The security deposit shall be in the form of Demand Draft/Banker’s cheque/irrevocable bank guarantee in case order value exceeds Rs.10 lakhs. In case of irrevocable bank guarantee, it should be a single bank guarantee for the 5% order value.
7.2. The successful tenderer will have to furnish the security deposit within 15 days from the date of receipt of award of contract. The security deposit will not carry any interest. The Corporation also reserves the right to accept the belated payment of security deposit by levying penal interest at the rate of 22% p.a. from the date of expiry of 15 days time limit till the date of actual receipt of payment of security deposit. The interest will be recovered from supplier’s first bill.7.3. Failure to comply with the terms regarding security deposit set out in the contract order within the stipulated time by the successful tenderer will entail the cancellation of the contract without any further reference to the supplier.7.4 The security deposit will be refunded to the supplier only, if the contract is completed to the satisfaction of the purchaser, from the respective thermal power stations. If the purchaser incurs any loss or damage on account of breach of any of the clauses or any other amount arising out of
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the contract becomes payable by the supplier to the purchaser, then the purchaser in addition to such other dues that he shall have under law, appropriate the whole or part of the Security Deposit and such amount that is appropriated will not be refunded to the supplier. 7.5 The Security Deposit will be released on completion of supply ordered.7.6 When there is delay in supply, the Bank guarantee towards SD shall be got extended suitably.
8.0. DELIVERY:8.1. The delivery of the Iron & steel materials shall be made within 120 days from the date of receipt of purchase order.
The tenderer should agree for the delivery of the materials to the stores at Tuticorin Thermal Power Station in Tamil Nadu State. The delivery so specified should be guaranteed by the tenderer under the liquidated Damages clause.
8.2. Corporation reserves the right to cancel the quantities not supplied as per delivery schedule.
8.3. Corporation also reserves the right to cancel the order if the delivery schedule is not kept up, without any further notice to the supplier.
8.4.To ensure sustained supply without any interruption, TANGEDCO reserves the right to enter into contract with more than one tenderer.
8.5.The Corporation will be at liberty to cancel the order if the supply is not made as per the delivery schedule specified in the order not withstanding its right to claim liquidated damages for the belated supplies and the quantity outstanding to be supplied as on the date of cancellation. The defaulting contractors will be liable to pay to the Corporation in addition to the liquidated damages for delay, the actual difference in price whenever the Board orders the delayed quantity to be supplied / executed by other agencies at higher rate.
8.6.The actual date of receipt of materials at TTPS stores will be reckoned as the date of delivery for the purpose of calculation of liquidated damages in respect of that quantity of material.
8.7. If the supplier dispatches the material without prior approval, the purchaser shall not be responsible for any demurrage and the supplier alone should bear any expenditure arising out of such unapproved despatches.
9.0. LIQUIDATED DAMAGES:9.1. The execution of the contract as specified should be guaranteed by the supplier under the liquidated damages clause given below:-
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9.2. If the supplier fails to deliver the materials within the time specified in the delivery clause 9.1 or any extension thereof, but delivers the same with delay, then the purchaser shall recover from the supplier as liquidated damages, a sum of half a percent (0.5%) of the all-inclusive price of such delayed materials for each completed week of delay. The total liquidated damages shall not exceed ten percent (10%) of the all-inclusive price of the materials so delayed. The actual date of delivery of materials at destination stores will be reckoned as date of delivery for this purpose. Liquidated Damages will also be recovered for the quantity not supplied as is done for the belated supply. It is the responsibility of the suppliers to arrange for inspection, despatch etc. in time to keep up the delivery schedule.
9.3 The Liquidated damages shall be levied and recovered from the respective bills itself in the initial payment to be made to the supplier for the delayed supply from the I stage of scheduled completion/milestone as fixed in the P.O./Contract.
9.4. The defaulting suppliers will be liable to pay to the Corporation in addition to liquidated damages for delayed supplies, the actual difference in price, wherever Corporation orders the unsupplied quantity on other agencies at a higher rate. This is without prejudice to other right under the terms of contract.
9.5. The supplies to be rendered are made by the supplier beyond the period of delivery stipulated in the indent and if they are accepted by the Corporation, such acceptance is without prejudice to the Corporation’s rights to levy liquidated damages for the delay in supply.9.6. The Corporation will also be at liberty to cancel the order if the supply is not made as per the delivery schedule specified in the indent, not withstanding its rights to claim liquidated damages for the belated supplies and quantity outstanding to be supplied as on the date of cancellation.
9.7. The suppliers are liable to pay the amount of loss sustained by the Corporation in the event of non-execution of orders, if any placed on them either in full or part to the satisfaction of the Corporation under the terms and conditions of contract and in the event of placing orders for such quantities on some other at a higher price.
9.7. Tenderers not giving clear and specific acceptance to the above clauses are liable for rejection.
9.8. If there is any downward trend in prices on account of belated supplies, the tenderers have to accept the same with the levy of liquidated damages, for belated supplies.
10.0. FORCE MAJEURE:
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10.1. If at any time, during the continuance of the contract, the performance in whole or in part, in any obligation under this contract, shall be prevented or delayed by reasons of any war, sabotages, fires, floods, explosions, epidemics, quarantine restrictions or other acts of god (herein after referred to as eventualities) then, provided notice of the happening of any such eventuality is given by the tenderer to the Corporation within 15 days from the date of occurrence thereof, neither party shall by reasons of such eventuality be entitled to terminate this contract nor shall have any claim for damages against the other in respect of such non-performance and deliveries under this contract shall be resumed as soon as practicable after such eventuality has come to an end or ceased to exist.
10.2. Provided that if the performance in whole or in part by the supplier on any obligation under this contract is prevented or delayed by reasons of any eventuality for a period exceeding 60 days, the Corporation, as its option, terminate this contract by giving a notice in writing.
10.3. The power cut shall not be considered as a force majeure condition. The period of extension shall be decided only by the authority that placed the order, after verifying the evidence for the cause of delay.
10.4. It is hereby specifically agreed that time is essence of the contract. The termination of the contract as aforesaid shall not absolve the supplier/ contractor of his liability to pay damages to the Board for the breach of contract to deliver the good or complete the performance of the contract within the time fixed by the P.O./contract of extension thereof.
11.0. GUARANTEE:11.1. The entire materials should be guaranteed for the satisfactory usage for a period of 18 months from the date of receipt of materials in good condition at site or 12 months from the date of commissioning whichever is LATER, subject to an overall guarantee period of 24 months from the date of supply.
11.2. Any defects noticed during the above period shall be rectified by the supplier free of charge to Corporation within 60 days on receipt of instruction from the purchaser. Tenders without the above are liable for rejection.
11.3. A written guarantee, guaranteeing the Corporation against any defects in the materials supplied or in the workmanship should be furnished along with the first bills for payment. This should be operative for the period of 24 months from the date of receipt of materials at site in good condition. Any defects or failure occurring within the guarantee period due to faulty design, poor workmanship and bad quality of raw materials used shall be rectified/replaced free of cost within two (2) months on receipt of intimation from the purchaser on such defects of failures. If they are not rectified or replaced within this period the contractor shall pay the liquidated damages as per the liquidated damages clause in the contract for the delay from the date
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of receipt of intimation for the defects or failures. A guarantee certificate in the above form shall be submitted along with the 95% bills.
12.0 PACKING AND FORWARDING : The packing shall conform to relevant packing standards. The contractor should however ensure that the packing is such that the materials reach their destination without damage/loss during transit by Rail or Road and subsequent storage. The words “Handle with care” should be printed on the cartons.
13.0 DESPATCHING INSTRUCTIONS:
13.1 The materials specified herein shall be dispatched freight prepaid to the consignee on approval of Test Certificate with dispatch instruction from CE/SE/P&A/TTPS.13.2 The original gate pass invoice for having paid excise duty, shall be produced along with the bill to be furnished to the SE/P&A/TTPS.13.3 Advice of dispatches as and when made shall be communicated immediately to the SE/P&A/TTPS.
14.0. WEIGHMENT:
14.1. Weighment will be on the basis of Corporation’s weighing Bridge available at the consignee stores/ Regional Stores and the weights recorded thereon will be final.
14.2. If the Corporation’s weighing Bridge is not available, weighment will be made in the Weighing Bridge available locally. In that case, the availability and validity of the Certificate issued by the Weights and Measures Department for the correctness of the local Weigh Bridge may be ensured.
14.3. A representative may be deputed for witnessing the weighments at the destination stores/Local Weigh Bridge Station.
14.4. A total quantity of Plus or minus 5% of the material ordered will be allowed to be supplied than the ordered quantity.
15.0. LOSS OR DAMAGE:External damages or shortages that are prima facie, the results of
rough handling in transit or due to defective packing will be intimated within a fortnight from the date of receipt of the materials at site. Internal defects, damages or shortages which cannot ordinarily be detected on a superficial visual examination caused by bad handling in transit or defective packing would be indicated after inspection on receipt of the materials at stores. In either case, the damaged or defective materials should be replaced free of cost to the Corporation within 60 days.
16.0. REPLACEMENT OF DEFECTIVE/DAMAGED MATERIALS:
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16.1 Not withstanding anything contained in Liquidated Damages clause of this specification, where the whole or part of the materials supplied by the supplier are found to be defective or damaged or are not in conformity with the specification, such defects or damages in materials supplied shall be rectified within two months from the date of intimation of defect/damage either at the point of destination or at the supplier’s works at the cost of the supplier against proper security and acknowledgement. In the alternative, the defective or damaged materials shall be replaced free of cost within two months from the date of receipt of the intimation from the purchaser of such defects or damages. If the defects or damages are not rectified or replaced within this period, the supplier shall pay the liquidated damages at the rate of ½% (half percent) value (all-inclusive price) of such material for each completed week of delay subject to maximum of 10% (ten percent) for the delay from the date of receipt of intimation of the defects or damages.
16.2. In the event of supplies being received damaged or short at the destination stores, the cost of such materials will be paid only proportionate to the value of the materials received in good condition unless the damaged goods or short supplies are made good free of cost to the Board by the supplier.
16.3. If during the period of supply, it is found that goods already supplied are defective in materials or workmanship or do not conform to the specification or are unsuitable for the purpose for which they are purchased then it will be open to the purchaser either to reject the goods and repudiate the entire contract and claim such loss that the purchaser may suffer on that account or require the contractor to replace the defective goods free of cost.
16.4. Similarly, if during the guarantee period stipulated under guarantee clause subsequent to the date of receipt of the goods, any of the goods be found defective in materials or workmanship, or do not conform to the specification or are unsuitable for the purchase for which they are purchased, then it will be open to the purchaser either to repudiate the entire contract and claim damages or accept such part of the goods that are satisfactory and require the contract to replace the balance or pay compensation to the extent of the loss sustained by the purchaser on that account.
17.0. TEST CERTIFICATES:17.1 The supplier should furnish the Routine Test Certificate to the Consignee Superintending Engineer along with every consignment.
17.2 The Test Certificates furnishing the results of the tests as per the relevant ISS, as amended up to date should be sent for each consignment to the Superintending Engineer along with the bills. If the test certificates are not submitted or are not approved before the bills are passed, a guarantee should be furnished preferably on the bills itself that the test certificates for the materials will be furnished in due course and if these are not accepted or
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are not satisfactory, all payments received for the materials shall be returned in full by the supplier.
18.0 RAW MATERIALS:
It is the responsibility of the Supplier to make their own arrangements to procure the necessary raw materials required for the manufacture of the materials covered in this contract.
19.0. DUES TO THE CORPORATION :
Amount due from the supplier to Corporation for defaults in any other contracts orders will be adjusted from the pending payments due in this contract.
20.0. NON-ASSIGNMENT:The supplier shall not assign or transfer the contract or any part
thereof without the prior approval of the purchaser.
21.0. EFFECTING OF RECOVERIES:Any loss, arising due to non-fulfillment of this contract or any
other contract, will be recovered from the security deposit held and/or any other amount due to the supplier from the Corporation.
22.0. CENTRAL SALES TAX/ VALUE ADDED TAX CERTIFICATE:The tenderer should enclose with the tender, a copy of latest
Central sales tax/ Value added tax certificate from the appropriate Central Sales tax/ Value Added tax authorities.
23.0. ARBITRATION ACT NOT TO APPLY:The Corporation will not accept any arbitration in case of
disputes arising in any respect under this contract. Any dispute arising out of this contract shall not be subject to arbitration under the provisions of arbitration and conciliation act 1996 in the event of any dispute between the parties.
24.0. JURISDICTION FOR LEGAL PROCEEDINGS (AFTER AWARD OF CONTRACT):
No suit or any proceedings in regard to any matter arising in respect of this contract shall be instituted in any court, save in the High Court, Chennai, City Civil Court at Chennai or at the Court of small causes at Chennai. It is agreed that no other court shall have jurisdiction to entertain any suit or proceedings even though, part of the causes of action might arise within their jurisdiction. In case any part of the cause of action might within the jurisdiction of any other courts in Tamil Nadu and rest within the jurisdiction of courts outside Tamil Nadu, then it is agreed to between the
29
parties that such suits or proceedings shall be instituted in a Court within the state of Tamil Nadu and no other court outside the State of Tamil Nadu shall have jurisdiction even though any part of the cause of action might arise within the jurisdiction of such courts. The tenderers shall furnish an undertaking as per Schedule – G in a non-judicial stamp paper of Rs.80/- agreeing to the above condition.
******
CHIEF ENGINEER/MECHANICAL THERMAL STATIONS
30
SECTION – VI
TECHNICAL
1.0. STANDARDS:This specification governs the supply of Iron & Steel materials
confirming to IS 2062/1992, IS 1097/1992, IS 1786/1990 and other ISS as amended up to date. 2.0. INSPECTION:2.1. The materials should conform to relevant IS with amendments up to date. A copy of test certificates should be submitted from a Government recognised testing laboratory of latest origin not later than two years from the date of opening of tender.
2.2 The Corporation reserves the right to depute a representative for inspecting the materials. Necessary facilities for such inspection shall be provided.
2.3. Materials will be inspected and random samples tested by taking samples from the stockyard. The cost of testing will be borne by the supplier. If defects are noticed, the materials are liable for rejection. The supply shall also be rejected if the supply do not conform to the relevant ISS or in the opinion of the Inspecting Officer, are not suitable for the purpose for which they are intended.
***********
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SECTION – VII
SCHEDULE - AList of I&S Materials : Heavy Structurals
Sl Material ISS Length Quantity Quantity Sectional Tolerance Tolerance
No (Approx.) Offered Weight in Weight in a size.
Tendered (Kg/m) (Kg/m) (m) (MT) (MT) % * % * % *
1 2 3 4 5 6 7 8 9
I M.S.Plates
1 2mm 3.5
2 3mm 5.5
3 4mm 4.0
4 6mm 111.5
5 8mm 18.0
6 10mm 107.0
7 12mm 394.0
8 20mm 14
9 25mm 4.77
II M.S.Chequered Plate
10 6mm 39
11 8mm 92
12 12mm 3
13 50mm 1
III M.S.Angles
14 90x90x8 mm 15
15 90x90x10 mm 0.5
16 100x100x6 mm 0.5
17 100x100x8 mm 5
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18 100x100x10 mm 1.13
19 110x110x12 mm 3
20 150x150x10 mm 6
21 150x150x12 mm 1
22 150x150x16 mm 2.5
IV M.S.Channel (ISMC)
23 100x50x4.7 mm 9
24 100x50x6 mm 19.5
25 100x65 mm 0.5
26 125x65x5 mm 10.5
27 125x75 mm 0.5
28 150x75x5.4 mm 77.5
29 170x75 mm 2
30 200x75x6.1 mm 41.14
31 250x80x6 mm 8
32 250x80x7.1 mm 10.28
33 300x90x6 mm 27
34 300x90x7.6 mm 10.29
35 380x100 mm 15
V R.S.Joist
36 175x85x5.8 mm 8
37 200x100x5.7 mm 3.89
38 250x125x6.9 mm 35
39 400x140x8.9 mm 11.23
VI
40
I Beam
200x100 mm 6
33
41 200x200 mm 5
42 250x125 mm 12
43 300x140x10 mm 6
44 300x150 mm 5
VII45 IR 52 Rails 20 Nos
VIII SS 304 Plate
46 8 mm 2
47 10 mm 4
IX 409 Gr Plate
48 10 mm 10
49 12 mm 12
* As rolling tolerance as per IS 1852 (1985) or amended upto date.
COMPANY SEAL SIGNATURE OF TENDERER : NAME : DESIGNATION : NAME OF COMPANY : DATE :
SCHEDULE- A1
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LIST OF I&S Materials : Heavy Structurals
Sl.No Material Quantity tendered in MT
Quantity offered in MT
Ex-Works price per MT in Rs.
Excise duty amount per MT & % of ED
CST/TNVAT amount per MT & % ST
Freight & other charges for
delivery at
TTPS store Rs
All inclusive Rs.
1 2 3 4 5 6 7 8 (9)=(5+6+7+8)
I M.S.Plates
1 2mm 3.5
2 3mm 5.5
3 4mm 4.0
4 6mm 111.5
5 8mm 18.0
6 10mm 107.0
7 12mm 394.0
8 20mm 14
9 25mm 4.77
II M.S.Chequered Plate
10 6mm 39
11 8mm 92
12 12mm 3
13 50mm 1
III M.S.Angles
14 90x90x8 mm 15
15 90x90x10 mm 0.5
16 100x100x6 mm 0.5
17 100x100x8 mm 5
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18 100x100x10 mm 1.13
19 110x110x12 mm 3
20 150x150x10 mm 6
21 150x150x12 mm 1
22 150x150x16 mm 2.5
IV M.S.Channel (ISMC)
23 100x50x4.7 mm 9
24 100x50x6 mm 19.5
25 100x65 mm 0.5
26 125x65x5 mm 10.5
27 125x75 mm 0.5
28 150x75x5.4 mm 77.5
29 170x75 mm 2
30 200x75x6.1 mm 41.14
31 250x80x6 mm 8
32 250x80x7.1 mm 10.28
33 300x90x6 mm 27
34 300x90x7.6 mm 10.29
35 380x100 mm 15
V R.S.Joist
36 175x85x5.8 mm 8
37 200x100x5.7 mm 3.89
38 250x125x6.9 mm 35
39
400x140x8.9 mm
11.23
VI I Beam
36
40 200x100 mm 6
41 200x200 mm 5
42 250x125 mm 12
43 300x140 x10 mm 6
44 300x150 mm 5
VII45 IR S2 Rails 20 Nos
VIII SS 304 Plate
46 8 mm 2
47 10 mm 4
IX 409 Gr Plate
48 10 mm 10
49 12 mm 12
Note: Taxes and duties will not be paid for Packing and Forwarding Freight, Insurance Charges, therefore , Ex-works price should not be inclusive of above charges.
COMPANY SEAL SIGNATURE OF TENDERER : NAME : DESIGNATION : NAME OF COMPANY : . DATE :
SECTION – VII
SCHEDULE - B
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List of I&S Materials : Light Structurals
Sl Material ISS Length Quantity Quantity Sectional Tolerance Tolerance
No (Approx.) Offered Weight in Weight in a size.
Tendered (Kg/m) (Kg/m) (m) (MT) (MT) % * % * % *
1 2 3 4 5 6 7 8 9
I M.S.Angles
1 50x50x6 mm 22.8
2 50x50x8 mm 3
3 65x65x6 mm 17.75
4 65x65x8 mm 8
5 75x75x6 mm 32.7
6 75x75x8 mm 12.7
II M.S.Channel (ISMC)
7 75x40x4.4 mm 13
III M.S. Rod
8 6 mm 1
9 20 mm 14
10 40 mm 3
IV G.I . Flat
11 50x6 mm 2
V M.S. Flat
12 50x6 mm 4
13 75x10 mm 1
14 100x6 mm 8
VIG.I. Corrugated Sheet
15 0.9 mm thick 5
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VII G.I. Plain Sheet
16 0.63 mm thick 10.11
17 1 mm thick 2
VIII HR Sheet
18 3.15 mm 16.5
* As rolling tolerance as per IS 1852 (1985) or amended upto date.
COMPANY SEAL SIGNATURE OF TENDERER : NAME : DESIGNATION : NAME OF COMPANY : . DATE :
SCHEDULE- B1
LIST OF I&S Materials : Light Structurals
39
Sl.No Material Quantity tendered in MT
Quantity offered in MT
Ex-Works price per MT in Rs
Excise duty amount per MT & % of ED
CST/TNVAT amount per MT & % ST
Freight & other charges for
delivery at
TTPSRs
All inclusive Rs.
1 2 3 4 5 6 7 8 (9)=(5+6+7+8)
I M.S.Angles
1 50x50x6 mm 22.8
2 50x50x8 mm 3
3 65x65x6 mm 17.25
4 65x65x8 mm 8
5 75x75x6 mm 32.7
6 75x75x8 mm 12.7
II M.S.Channel (ISMC)
7 75x40x4.4 mm 13
III M.S. Rod
8 6 mm 1
9 20 mm 14
10 40 mm 3
IV G.I . Flat
11 50x6 mm 2
V M.S. Flat
12 50x6 mm 4
13 75x10 mm 1
14 100x6 mm 8
VI G.I. Corrugated Sheet
15 0.9 mm thick 5
VII G.I. Plain Sheet
40
16 0.63 mm thick 10.11
17 1 mm thick 2
VIII HR Sheet
18 3.15 mm 16.5
Note: Taxes and duties will not be paid for Packing and Forwarding Freight, Insurance Charges, therefore , Ex-works price should not be inclusive of above charges.
COMPANY SEAL SIGNATURE OF TENDERER : NAME : DESIGNATION : NAME OF COMPANY : DATE :
SCHEDULE – C
DEVIATION FROM TECHNICAL SPECIFICATION
All technical deviations from the specification shall be filled in by the
tenderer, clause wise, in the schedule.
41
SL. NO. SECTION NO. CLAUSE NO. DEVIATION
The tenderer hereby certifies that the above mentioned are the only
deviations from the technical specification and the tender conforms to the
specification in all other respects.
COMPANY SEAL SIGNATURE :
NAME :
DESIGNATION :
DATE :
SCHEDULE – D
DEVIATION FROM COMMERCIAL TERMS
All deviations from the commercial terms shall be filled in by the
tenderer, clause wise, in this schedule.
SL. NO. SECTION NO. CLAUSE NO. DEVIATION
42
The tenderer hereby certifies that the above mentioned are the only
deviations from the commercial specification and the tender conforms to the
specification in all other respects.
COMPANY SEAL SIGNATURE :
NAME :
DESIGNATION :
DATE :
SCHEUDLE – E
STATEMENT OF SUPPLY ORDERS EXECUTED/UNDER EXECUTION OVER THE PAST THREE YEARS AS ON THE DATE OF FURNISHING THE OFFER.
(To be filled in by the tenderer).
43
Sl. No.
Name & Address of the purchaser including other State EBs.
Name of
material
P.O. No. & Date
Qty. Unit all inclu-dingFOR(D) Rate
Value of
order in
lakhs
Scheduled date of
completion of order
Actual date of comple-tion of order.
Note: Copies of orders received shall be enclosed along with this.
Company Seal Signature :
Designation :
Name :
Date :
SCHEDULE – F
UNDERTAKING FOR PAYMENT OF DUES TO TANGEDCO
THIS DEED OF UNDERTAKING EXCUTED AT CHENNAI ON THIS
THE ______________________________ BY Messers.
44
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 is a company registered under companies Act,
1956 having its office at NPKRR Maaligai , 144, Anna salai , Electricity
Avenue, Chennai – 600 002, hereinafter called the “ Corporation ” (Which
expression shall where the context so admits mean and include the
successors – in – office and assigns).
WHEREAS the Corporation has called for an undertaking from
the Tenderer empowering the Corporation to recover the dues if any.
NOW THIS UNDERTAKNG WITNESSETH the Corporation is empowered to
recover any dues against this contract in any bills/security deposit/E.M.D. due
to the Tenderer either in this contract or any other contracts with the
Corporation. Further, the Tenderer hereby authorises the Corporation to
recover, any dues against any other contract of the Tenderer with the
Corporation with the available amount due to the Tenderer against this
contract.
IN WITNESS WHERE OF Thiru. _______________________ 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.
- COMPANY SEAL - NAME :
DESIGNATION :
DATE :
SCHEDULE – G
UNDERTAKING TOWARDS JURISDICTION FOR LEGAL PROCEEDINGS (To be filled by the tenderer in a non-judicial stamp paper of value not less than Rs.80/-)
45
This undertaking executed at ……………………… on this ……….. (date) ………………..(month) two thousand and twelve by M/s. …………………………………………………….. a company registered under Companies Act, 1956 having its Registered Office at ………………… hereinafter called the Contractor (which expression shall where the context so admits mean and include its successors in office and assigns) with the “TANGEDCO a company registered under the companies Act, 1956 ”, having its office at No. 144, Anna Salai, Electricity Avenue , Chennai -2 hereinafter called the “ Corporation ” .
WHEREAS the contract is for the supply of …………………… in terms of the Purchase Order No……………. dated ………………………
AND WHEREAS in accordance with Clause………………… of the above said P.O. certain terms were stipulated for the above supply.
AND WHEREAS in accordance with clause ………….. of the above mentioned Purchase Order, the contractor has to furnish an undertaking that no suit or any proceedings in regard to any matter arising in any respect under this contract shall be instituted in any court other than in the High Court, Chennai, City Civil Court of Chennai or other court of small causes at Chennai.
In consideration of the Corporation having agreed to accept the undertaking, the Contractor undertakes that no suit or any proceedings in regard to any matter arising in respect of this contract shall be instituted in any court other than in the High Court, Madras, City Civil Court at Chennai or the Court of Small causes at Chennai. It is also agreed that no other court shall have jurisdiction to entertain any suit or proceedings, even though, part of the cause of action might arise within their jurisdiction. In case, any part of cause of action arises within the jurisdiction of any of the Courts in Tamil Nadu and rest within the jurisdiction of Courts outside Tamil Nadu, then it is agreed to between the parties that such suits or proceedings shall be instituted in a Court within the State of Tamil Nadu and no other Court outside Tamil Nadu shall have jurisdiction eventhough any part of the cause of action might arise within the jurisdiction of such Courts.
IN WITNESS WHEREOF OF THIRU……………………… of the contractor hereby put his hand and seal for due observe of the Undertaking in the presence of the following witnesses.
46
SIGNATURE WITH SEAL
WITNESS:(Signature with Name and Address)1.
2.
SCHEDULE – H
TENDER FORMToThe Chief Engineer/Mechanical,Thermal Stations,
47
III Floor, Western Wing,N.P.K.R.R. Maaligai,TANGEDCO ,144, Anna Salai,Chennai – 600 002.
Dear Sir,
Having examined the above specification together with the accompanying schedules etc. we hereby offer to manufacture and supply the equipments/materials covered in this specification at the rates entered in the attached schedule of prices.
We hereby guarantee the particulars entered in the schedules attached to the specification .
Our company is not a potentially Sick Industrial Company or a Sick Industrial Company in terms of Section – 23 of Section – 15 of the Sick Industrial Companies (Special provisions) Act, 1985.
Yours faithfully,
SIGNATURE : PLACE :
DESIGNATION:DATE :
COMPANY SEAL :
SCHEDULE – I
CERTIFICATE
48
To
(Name and Address of the selling dealer)
................................................
................................................
................................................
TNGST No.................................
It is hereby conformed that the goods listed below are purchased by us for use in Generation, Transmission and Distribution of Electrical Energy.
Sl.No. Invoice No. Description Quantity Value & Date for goods (Rs.)
----------- TOTAL....
-----------
(Rupees .........................................................................)
Place :Date :
Signature :Name :Status :Seal of office :
SECTION– VIII (FORMAT)
UNDERTAKING IN LIEU OF PAYMENT OF E.M.D.(To be furnished in non-judicial stamp paper of value not less than Rs.80.00)
49
THIS DEED OF UNDERTAKING executed at ………………….. on this the …………………………..day of Two thousand and twelve ………………………by ………………………………………….. M/s………………………………………………………………………… a company registered under Companies Act, 1956, having it registered office at ……………………… herein after called the "Tenderer" (which expression shall where the context so admits mean and include their Agents, Representatives, Successors-in-office and Assigns).
TO AND IN FAVOUR OF ……………………………………………. THE TANGEDCO, a company registered under companies Act, 1956 having its office at NPKRR Maaligai , Electricity Avenue, 144, Anna salai , , Chennai – 600 002, hereinafter called the “ Corporation ” (which expression shall where the context so admits mean and include the successors in office and assigns.
WHEREAS THE tenderer is required to pay Earnest Money Deposit of Rs. ………………………….for participation in the tender for supply of …………………………………………………………… in terms of specification No. ……………..
AND WHEREAS the tenderer is exempted by the Corporation from payment of EMD in the form of cash, subject to the tenderer executing an undertaking to the value of Rs. ………………(Rupees……………………………………….) representing the amount equivalent to the amount of EMD specified to be paid to the Corporation or an amount equal to the actual loss incurred whichever is less in the event of non-fulfilment of breach of any of the conditions of the tender by the Tenderer as mentioned hereunder. AND WHEREAS in consideration of the acceptance by the Corporation of the above proposal, the tenderer has agreed to pay to the Corporation the said amount of Rs. ……………………… in the event of: (1) Withdrawing his tender before the expiry of the validity period, OR (2) Withdrawing his tender after acceptance, OR(3) Violating any of the conditions of the tender issued by the competent
authority.
NOW THIS UNDERTAKING WITNESETH that in pursuance of the said agreement the Tenderer hereby doth covenant with the Corporation that in consideration of the “Corporation ” waiving the condition of payment of EMD in cash in terms of the said specification, the Tenderer has agreed to pay to the Corporation Rs. ………………………………… (only) in the event of:
i) Withdrawing his tender before the expiry of the validity period.ii) Withdrawing his tender after acceptance.iii) Violating any of the conditions of the tender issued by the
competent authority.
NOW THE CONDITIONS OF THE above written undertaking is such that if the tenderer shall duly and faithfully observe and perform the
50
conditions specified as above, then the above written undertaking shall be void, otherwise it shall remain in full force.
The tenderer undertakes not to revoke this guarantee till the contract is completed under the terms of contract.
The expression, 'Tenderer' and the ‘Corporation’ hereinafter before used shall include their respective successors and assign in office.
IN WITNESS WHERE OF THIRU…………………………….. acting for and on behalf of the Tenderer has signed this deed on the day, the month and year herein before first mentioned.
SIGNATURE
NAME IN BLOCK LETTERS
SEAL OF THE COMPANYIn the presence of Witnesses:
1. Signature Name & Address
2. Signature Name & Address
*********
(ii) BANK GUARANTEE FOR SECURITY DEPOSIT
(In Non - Judicial - Rs.80/- Stamp Paper)
THIS DEED OF GUARANTEE made on this ............... day of
.......................................... only by the Bank
of............................................................. (Branch name & address) (herein
after called "the Bank") to and in favour the TANGEDCO, a company
51
registered under companies Act, 1956 having its office at NPKRR Maaligai ,
Electricity Avenue, 144, Anna salai , Chennai – 600 002, herein after called
the “ Corporation ” (which expression shall where the context so admits mean
and include the successors in office and assigns ” having its Registered
Office at Anna Salai, Chennai - 2 represented by the CHIEF ENGINEER /
___________ / __________ / __________ (hereinafter called "The
Purchaser").
WHETHERAS Messrs. ..................................................................
...................................................(hereinafter called "The Contractor") have
by virtue of the contract entered into with the purchaser as per P.O. No.
............ Dt. .......... agreed with the purchaser to
........................................... In accordance with the terms and conditions
contained therein:
AND WHEREAS in accordance with the terms of the contract in P.O. No.
.................... dt. ............... The contractor has to pay a sum of
Rs................/-(Rupees...................................................................only)
towards security deposit from a Nationalised Bank.
AND WHEREAS the contractor has requested the purchaser to accept bank
guarantee in lieu of security deposit for a sum equivalent to 5% (Five
percent) of the Value of the Contract for the satisfactory performance of the
Contract.
AND WHEREAS the Bank has at the request of the Contractor agreed to
guarantee the payment of the said sum in case the contract is not performed
in accordance with the specifications indicated in the terms and conditions in
P.O. No......... dt. ........................ or in the letter ............................ Dt.
.................
NOW THIS DEED WITNESSES AS FOLLOWS:
1. In consideration of the purchaser having agreed to accept the Bank
guarantee from a Nationalised Bank towards Security deposit for a sum
equivalent to Rs.......... (Rupees..................................................... only) the
Bank do hereby guarantee that if the contractor fails to perform the contract
in accordance with the specifications and conditions of the contract as
52
subsequently amended, the Bank shall pay forthwith merely on demand
without any demur to the purchaser such amount or amounts, as the Bank
may be called upon to pay be the purchaser:
PROVIDED that the liability of the Bank under this deed shall not at any time
exceed the said amount of Rs............./- (Rupees.................................
.................................... only)
PROVIDED further that the guarantee hereunder furnished shall be released
as soon as the contractor has performed his part of the contract in
accordance with the terms of the contract and the period of performance
guarantee is over and a certificate to that effect is issued by the Purchaser.
2. The Bank further undertakes to indemnify the purchaser against any loss
or damage that may be caused or suffered by the purchaser by reason of any
breach of the terms and conditions in the said P.O. No............................
dt.............................
3.The guarantee herein contained shall remain in force till the terms and
conditions of the P.O. No.................................. dt................. have been
fully and properly carried out by the said contractor and in any case, the
guarantee shall not hold good after expiry of .......................
The bank further agrees with the purchaser that the purchaser shall have
the fullest liberty (without the consent of the Bank and without affecting in
any manner the obligations of the bank hereunder) to vary any of the terms
and conditions of the contract or to extend the time of performance of the
contract by the said contractor from time to time or to postpone from time to
time any of the powers exercisable by the purchaser against the said
contractor and to forbear or to enforce any of the terms and conditions
relating to the said contract and the Bank shall not be relieved of its
liability by the reason of any such variations, or extension being granted to
the reason to the said contractor or by reasons of any for - bearance, act or
omission on the part of the purchaser or any indulgence by the purchaser to
the said contractor or by any such matter or thing what - so - ever which
under the law relating to sureties would but for these provisions have the
effect of so relieving than bank.
53
5. Any account settled between the purchaser and the contractor shall be the
conclusive evidence against the bank for the amount due and shall not be
questioned by the Bank.
6. The expressions 'Bank', 'Contractor' and '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 first above written.
In the presence of witnesses:
1. Signature with seal of the
Bank
(Name in Block letters)
2.
(Name in capitals to be subscribed with
designation, office address or residential
address)
54
