CE - 325/2015-16/NCTPS-I TENDER SPECIFICATION ABSTRACT (TWO PART) For and on behalf of TANGEDCO, sealed tenders are invited in duplicate under Open Tender – Two Part system for the procurement of the following materials. 01. 02. 03. 04 05. 06. 07. 08. 09. 10. 11. 12. Scope Place of Delivery Specification No Type of Tender Earnest Money Deposit Date of Commencement for Sale of Tender Specification Places of submission and Opening of Tender Date & Time of closing the sale of Tender Last Date & Time of Submission of Tenders Due Date & Time of Opening of Tender Supply of 450 & 600MM HAND OPERATED BUTTERFLY VALVES North Chennai Thermal Power Station-I, Chennai – 600 120. CE- 325/ 2015-16/NCTPS-I Open Tender (Two Part) Rs.19,200/(Rupees Nineteen thousand two hundred only) (The exempted categories of tenderers as given in clause 4.03 of Section I should submit (i) Attested (Attestation to be done by Gazetted officer or Notary public ) and valid copy of Registration Certificate/Acknowledgement for Entrepreneur Memorandum Part – II (ii) Undertaking as per Annexure (VI) on a Stamp Paper of value Rs.80/-. Otherwise the offer furnished will be summarily rejected) 25.2.2016 Onwards 1) Office of the Superintending Engineer/P&A/NCTPS-I, Chennai- 600 120. 2) Office of the Chief Engineer/Mechanical Thermal Stations, TANGEDCO, Chennai – 600 002. It is the discretion of the bidders to choose any one of the above two places and not anywhere else, for submitting their bids. Bids will be opened simultaneously at both the places. On 16.3.2016 @ 14.00 Hrs. On 17.3.2016 upto 14.00 Hrs. at both places On 17.3.2016 @ 14.30 Hrs. at both places. (If the due date happens to be a declared holiday, the tenders will be received and opened on the next working day) Cost & Sources of 1. Free of Cost availability of Tender If Specn. is downloaded from the following websites. Specification a) www.tangedco.gov.in b) www.tenders.tn.gov.in 2. Rs. 2,500/If specn. is to be purchased from the O/o.SE/P&A/ NCTPS-I/Chennai-120. Note: Rs.100/- to be paid in addition to the above cost if specn. is required by post. The Specification cost plus postage plus ST whichever is applicable shall be paid by Crossed Demand Draft /Banker’s cheque drawn in favour of SE/P&A/ NCTPS-I /Chennai-120 Payable at Chennai) Bid Qualifying Requirements:1) The Bidder should be manufacturer or authorized dealer. 2) The Bidder should have supplied Butterfly valve of size NB 450mm or above within the last Ten years from the date of tender opening to any one of the Thermal Power Stations of TANGEDCO/ TNEB/ PSU/OSEB’s/ Government Organizations/ Government Undertakings for a value not less than Rs.4,80,500/- in a single order. 3) The Bidder should furnish performance certificate from the end user for the above executed order. In case the bidder executed order to TANGEDCO/ TNEB, the performance certificate from the end user will be obtained by tender inviting authority. 4) The bidder’s annual turnover should be not less than Rs.4.80 lakhs in any one of the last three financial years. (2012-13, 2013-14 & 2014-15). Sprs/ot-15/CE - 325/P-1 In case of companies registered under companies act, the copy of the Audited financial statements like Profit & loss account and balance sheet may be furnished and in case of others, the annual turnover certified by the chartered accountant should be furnished. The bidder can also furnish attested copy of the income tax return filed by the bidders / attested copy of STCC/ attested copy of enlistment certificate issued by NSIC containing turnover details towards documentary evidence to meet annual turnover criteria. 5) Necessary attested documentary evidences for all the above should be enclosed along with the offer, otherwise offer will be summarily rejected. NOTE TO BQR : (1) Documentary evidences in support of all the above BQR criteria duly attested by Gazetted officer or Notary public shall necessarily be enclosed along with the offer. BQR evidences submitted after the date of tender opening will not be accepted and the offer will be summarily rejected. (2) 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 tenderer will be forfeited in addition to blacklisting them for future tenders / contracts in TANGEDCO, TANTRANSCO & TNEB LIMITED. (3)The experience as the main contractor shall only be considered for satisfying the experience criteria specified in the BQR and the experience as a sub contractor shall not be considered for the purpose and the offer of such tenderers shall be summarily rejected. 13. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 (4) The offer of the bidders who have stated to be previous suppliers of TANGEDCO/TNEB will be considered for further evaluation, even though they have not enclosed copies of Purchase Orders or End user certificate etc., after ensuring with concerned Purchase Orders placing authorities. (5) TANGEDCO has right to place order on New Entrant(s) up to 20% of tendered quantity on each new entrant – Refer clause 9 (vi) of Section – I. Any Clarification to be sought SE/P&A/NCTPS-I/Chennai-120. Any clarification in the tender from shall be sought before 48 Hrs. of due date and time. COMMERCIAL TERMS & CONDITIONS Tender Sample Not applicable. Validity As per Clause 9.0 of Section II. Payment Terms As per Clause 11.0 of Section II Delivery Period 3 Months from the date of receipt of PO. (as per Clause 13.0 of Section II) Liquidated Damages As per Clause 15.0 of Section II Test/Inspection Certificate Material Test Certificate as per relevant IS Standard obtained (as per Clause 20.0 of Section II) from Govt. Approved Laboratory /Manufacturer’s Original test Certificate to be furnished for approval Guarantee As per Clause 21.0 of Section II Security Deposit Cum As per Clause 22.0 of Section II performance Guarantee Jurisdiction to legal proceedings Undertaking as per Annexure (VII) on a non-judicial Stamp Paper of value Rs.80/- shall be furnished along with the offer Grounds for Rejection of Tender Refer Clause 11.0 of section-I Detailed Procedures for Submission of Tenders are given in Clause 3 of Section I. The offers not submitted in the prescribed procedure will not be opened and liable for rejection Detailed TANGEDCO’s Terms and Conditions furnished in Section I, II & III, except the clauses which are mentioned “Not applicable” in Tender Specification Abstract, may be followed. Specific concurrence or otherwise to the technical specifications and general terms and conditions outlined in the specification should be furnished in the tender. FAILURE TO DO SO WILL BE TAKEN AS CONCURRENCE TO THE TERMS AND CONDITIONS MENTIONED IN THE SPECIFICATION. The TamilNadu Transparency in Tender Act 1998 and the Tender Transparency in Tender Rules in 2000 and Tender Regulations and subsequent amendments are applicable in this tender. Sd/-xxxx CHIEF ENGINEER/NCTPS-I Encl: 1) Section – I,II & III 2) Annexures – I to VII Sprs/ot-15/CE - 325/P-2 SECTION– I INSTRUCTIONS TO THE BIDDERS 1.0) Sealed tenders in duplicate are invited for Design, manufacture, testing, inspection at the supplier’s works, packing, delivery to site, unloading at site for the materials as per the specification given in Annexure - I required for North Chennai Thermal Power Station-I, Chennai 120 with schedules and Technical particulars duly filled together with tender drawings, descriptive literatures, test reports etc., that are necessary for due consideration on the tenders so as to reach the office of the Superintending Engineer/P&A/NCTPS-I, Chennai -120 (or) Office of the Chief Engineer/Mechanical, Thermal Stations, TANGEDCO, Chennai-02 not later than 14.00 hrs. on due date (refer Invitation for Bid – Abstract). 2.0) 3.0) BID QUALIFICATION REQUIREMENTS : Refer Tender Specification Abstract. TENDER SHOULD BE SENT AS DETAILED BELOW:- Tenderers are requested to note and abide by the following instructions carefully for Two Part System. 3.01) The Overall Envelope Shall contain a) Proof of payment of EMD/Permanent EMD, Proof of Exemption from payment of EMD and an undertaking (as per Clause 4.0 of this section) in case the tenderer is exempted from payment. Undertaking shall be furnished as per the format in Annexure –VI. b) Envelope–A c) Envelope–B 3.02) The first Envelope called Envelope–A shall contain a) Proof of payment of EMD/Permanent EMD, Proof of Exemption from payment of EMD and an undertaking in case the tenderer is exempted from payment should be placed, if not kept in insi de the Overall Envelope. b) Necessary attested copies of documentary evidences in proof of fulfillment of Bid Qualification Requirement. c) Technical Specifications (as per Annexure-I), Design Details, drawings and other technical details. Any Deviation against TANGEDCO’s Standard technical terms & conditions may be filled in Annexure – IV. d) Commercial terms such as Excise Duty, Cess, TNVAT / CST, Service Tax, Packing and Forwarding Charges, Freight Charges, Insurance Charges and other Applicable levies and other commercial conditions. Any deviations in Commercial terms conditions may be filled in Annexure–III. e) Relevant details about experience in execution of Similar works or successful supply of similar or other related equipments to TANGEDCO/TNEB/ Other Electricity TANGEDCO. These details may be filled in Annexure-V f) Any other information called for in the Specification other than price. 3.03) This Envelope-A should not contain any Price bid. If, price is furnished in Envelope –A, the offer will be rejected and will not be readout. 3.04) The second Envelope called Envelope–B shall contain all the price bids. The prices may be filled in the Annexure-II. 3.05) Envelope–A & Envelope-B shall be individually sealed, superscribed and addressed to THE CHIEF ENGINEER, NORTH CHENNAI THERMAL POWER STATION-I, CHENNAI 600 120. 3.06) Overall Envelope should be sealed , superscribed as “TENDER FOR THE SUPPLY OF ………………………………………………………….………………………………………………………. AGAINST SPECIFICATION NO. CE-325/2015-16/NCTPS-I, Due on …………………………… and addressed either to THE SUPERINTENDING ENGINEER, PURCHASE & ADMINISTRATION, NORTH CHENNAI THERMAL POWER STATION, CHENNAI 600 120. Sprs/ot-15/CE - 325/P-3 (OR) THE CHIEF ENGINEER / MECHANICAL/ THERMAL STATIONS, TANGEDCO, NPKRR MAALIGAI, No.144, ANNA SALAI, CHENNAI- 600 002. 3.07) The sender’s address shall be clearly furnished on the Outer cover. 3.08) It is the discretion of the bidders to choose any one of the above two places and not anywhere else, for submitting their bids. Bids will be opened simultaneously at both the places be at the same date and time 3.09) The above sealed Overall Envelope shall be sent by Registered Post or in person/Courier so as to reach the office not later than 14.00 Hrs. on the due date. 3.10) Tenders delivered by Post/Courier shall be handed over to the Executive Assistant to CE/Mechanical Thermal Stations, Chennai -02 (or) Executive Assistant to SE/P&A/NCTPS-I, Chennai -120 before the due date and time. Tenderers sending their tenders by post are advised to send them sufficiently well in advance so that the tenders reach the office before the due date and time. 3.11) In case, the bidders want to submit their bids in person at the office of the CE/Mechanical Thermal Stations, Chennai -02, they shall handover their bids to Executive Assistant to CE/Mechanical Thermal Stations, Chennai -02 before the notified time and date of submission of tender. 3.12) In case, the bidders want to submit their bids in person at the office of the SE/Purchase and Administration, Chennai -120, they shall drop their bids in the SE/P&A’s Tender Box, kept at the office of the JE/Security/Main Gate/NCTPS-I, Chennai-120 before the notified time and date of submission of tender. 3.13) IF TENDER SAMPLE is applicable, the tenderer should enclose the sample of the quoted material alongwith the tender or handed over to the EA concerned. The sample once furnished is final. If the tender sample is not technically suitable/ not as per the Technical Specification, the tender will be summarily rejected after testing. 3.14) Tenderers are advised to post sufficiently early so as to ensure that the tenders reach this office in time. Tenders though posted in time but delayed in transit by post will not be considered if received late. 3.15) Tenders will not be accepted after the due date and time. 3.16) Tenders received by the post after the prescribed time and date will be returned immediately to the tenderer. 3.17) The TANGEDCO will not be held responsible for any postal or transit loss/delay in receipt of the tender. 3.18) Withdrawal of Tenders Before Opening:- (1) No tenderer will be allowed to withdraw the tenders after submitting the tender. (2) A Tenderer shall submit a modified tender before the last date for receipt of tender Provided that where more than one tender is submitted by the same tenderer, the lowest eligible financial tender shall be considered for evaluation. 3.19) The tenders received within the notified time and date will be opened simultaneously at (1) Office of the CE/Mechanical Thermal Stations, TANGEDCO, Chennai-02 and (2) Office of the SE/P&A,NCTPS-I, Chennai -120 on the same date and time prescribed in the presence of such of those tenderer who may desire to be present. If by any circumstances the due date for tender opening happens to be a declared holiday, the tenders will be received and opened on the next working day. 3.20) The individual attending the opening of tenders should be duly authorized by the participating firms. The bidder or his authorized representative can choose to be present for opening of bids at the place where the bid was submitted . 3.21) After opening the Overall Envelope, if DD towards EMD or proof of Permanent EMD or proof of exemption from payment of EMD alongwith undertaking as per clause 4.0 is not found attached on the sealed Envelope-A cover or inside the sealed Envelope-A, the offer will be rejected. The unopened cover will be returned to the tenderers subsequently. 3.22) After opening the Envelope-A, If necessary attested copies of documentary evidences in proof of fulfillment of Bid Qualification Requirement are not found, the offers will be rejected and the unopened cover will be returned to the tenderers subsequently. 3.23) Envelope–B will not be opened at the time of opening Envelope-A, but will be authenticated on the covers by the officer authorized to open the bids. 3.24) Envelope-B (Price Bid) of tenderers who satisfy the BQR and Technical Specification will be opened at Office of the SE/P&A/NCTPS-I later after intimation. 3.25) Discussions, will be held if considered necessary by the TANGEDCO with the tenderers whose Sprs/ot-15/CE - 325/P-4 vendor rating and technical specifications are satisfactory. Based on discussion, modification to the technical specifications indicated in the tender documents may emerge. After a decision is taken on this, all those tenderers who were invited for discussions will be informed of the technical specification and commercial terms that are acceptable to the TANGEDCO and also the loading criteria that will be adopted by the TANGEDCO for acceptable deviations in the technical specifications and commercial terms. The bidders will be requested to confirm in writing within a specified period whether they can make necessary alterations to their technical specifications and commercial terms as acceptable to the TANGEDCO. 3.26) Those tenderers who confirm within the due date specified for receipt of confirmation will be asked to submit supplementary price schedule in a sealed cover properly superscribed on or before notified time and date for the additions/reductions in price due to the modifications indicated to the tenderers. 3.27) Envelope-B of those tenderers who have not submitted the supplementary price schedule within the due date and time will be rejected. Envelope-B of tenderers who have submitted the supplementary price schedule as prescribed within the due date and time along the supplementary price schedule will be opened at the notified time and date. Envelope-B of all other tenderers will not be opened. 3.28) All Envelope-B which are not opened in accordance with para 3.22 above will be returned to the tenderers in due course by RPAD. Supplementary price schedule of those who have confirmed the terms but did not give the supplementary price schedules as prescribed and within the due date and time will also be returned without opening along with Envelope-B by RPAD in due course. 4.0 EARNEST MONEY DEPOSIT: 4.01) Intending Tenderers should pay an EMD as specified in Tender Specification Abstract. 4.02) The EMD specified above should be in the form of cash / Demand Draft / Banker’s Cheque from any of the Nationalized/Scheduled/Foreign Bank with branches in India, drawn in favour of the SE/P&A/NCTPS-I, Chennai and payable at Chennai (or) TANGEDCO Collection Account, TANGEDCO, Chennai-02. Cheque / Bank Guarantee etc. are not acceptable towards EMD. In case of cash, it shall be deposited with the AAO/CASH/NCTPS-I and the receipt obtained thereon should be enclosed with the Tender cover as specified in Tender Specification– Abstract Firms having valid Permanent EMD (but not forfeited or request had been made to refund the Permanent E.M.D. as on date of Tender Opening) are exempted from payment of Earnest Money Deposit. Such tenderers should enclose the copy of the Permanent E.M.D. certificate issued by TANGEDCO, for having deposited required amount. The amount of Permanent Earnest Money Deposit should be Rs.10,00,000/- (for tenders not exceeding Rs.10 Crores) or Rs.20,00,000/- (for tenders upto a value of Rs.50 Crores). The existing PEMD holder for Rs.5,00,000/- are not eligible for participating in the tender and the existing PEMD holder for Rs.10,00,000/- are eligible to participate in the tender only for the value of the tenders not exceeding Rs.10 Crores. The refund of EMD amount for the unsuccessful tenderers shall be made at the same office where the bids were submitted. 4.03) The following categories of industries are exempted from payment of Earnest Money Deposit:a) The Small Scale Industries located within the State and registered with the Tamil Nadu Small Industries Development Corporation. The SSI Units (Micro Enterprises (including Tiny) and Small Enterprises) holding Acknowledgement for Entrepreneurs Memorandum Part-II obtained from District Industries Centre of Directorate of Industries and commerce in respect of those items for which the Acknowledgement has been obtained. Note:- If the erstwhile SSI Permanent Registration Certificate copy is enclosed for claiming EMD exemption, the offer will be liable for rejection. b) The Small Scale Industries Units located within the State and registered with National Small Industries Corporation. c) The Small Scale Industries Units located outside the Tamil Nadu State but registered with National Small Industries Corporation in respect of the items manufactured by them. d) Departments of the Government of Tamil Nadu. e) Undertakings and Corporations owned by Government of Tamil Nadu. f) Labour Contract Co-operative Societies registered within Tamil Nadu. g) Tiny Industries classified under SSI, registered with the State of Tamil Nadu and registration certificate issued by Department of Industries and commerce/ Government of Tamil Nadu. Sprs/ot-15/CE - 325/P-5 The tenderers under Exemption Categories of EMD shall furnish, in lieu of EMD, an Undertaking on a Non Judicial Stamp Paper of value not less than Rs.80/- in the enclosed format ( Annexure – VI) alongwith attested copy (Attestation to be done by Gazetted officer or Notary public ) of proof for exemption as specified in Clause 3.0 above. TENDERS WITHOUT UNDERTAKING AND NOT SUBMITTED IN THE PRESCRIBED PROCEDURE WILL NOT BE OPENED AND WILL BE SUMMARILY REJECTED. 4.04) Small scale Industries registered within/outside the State of Tamil Nadu shall enclose Attested copy of their Acknowledgement/ Registration certificate showing the materials which they are permitted to manufacture and the period of validity of the Certificate as proof of eligibility for exemption from payment of EMD and this should be placed as specified in Clause-3.0 above. SSI holders should furnish the audited attested copy of Profit and Loss account. Balance sheet alongwith the proof for exemption from payment of EMD in order to ensure the SSI status of the firm based on the investment held in plant and Machinery for extending exemption from payment of EMD. In case the investment held by the SSI holders in plant and machinery as per their financial statement of accounts exceeds Rs.5 crores , the General Manager, District Industries Centre, Concerned will be requested to verify the SSI status of the firm. Till receipt of confirmation from General Manager/District Industries Centre concerned, the exemption from payment of EMD for domestic SSI units will not be extended. Note : Tendered items mentioned in this Specification should Acknowledgement/Registration certificate of SSI and NSIC units. be covered in the 4.05) a) Tenderers may note that their registration with DGS & D does not entitle them to claim exemption from payment of EMD called for. b)Others viz., Central and other State Government Departments, Undertakings and Corporations other than Tamil Nadu shall have to pay Earnest Money Deposit. c) SSI units having provisional registration certificate are not eligible for EMD exemption. 4.06) FORFEITURE OF E.M.D. The Earnest Money Deposit of the Tenderer will be forfeited, i) If he withdraws his tender or backs out after acceptance of the tender or fails to remit the Security deposit. ii) If he revises any of the terms quoted during the validity period. iii) If he violates any of the conditions of the Tender specification. iv) If, the documents furnished with the offer being found to be bogus or the documents contain false particulars. v) If, the successful tenderer failing to execute the order placed on them to the satisfaction of the TANGEDCO. vi) In case of tenderers participating on the strength of PEMD, an amount equivalent to the EMD for this specification will stand forfeited in the event of such tenderer committing any one of the acts listed above. vii) In case of tenderers participating on the strength of Exemption categories, an amount Equivalent to the EMD for this specification shall be remitted in the event of such tenderer committing any one of the acts listed above. 4.07) The EMD will not carry any interest. 4.08) The E.M.D. of the unsuccessful tenderers, except permanent EMD will be refunded against their request for refund after intimation sent to them in this regard. 4.09) In respect of the successful tenderer, the EMD remitted by him will be carried over as part of the Security Deposit payable by the tenderer. In respect of permanent EMD holders, the permanent EMD will not form part of the Security Deposit payable by the Tenderer and he will have to remit the Security Deposit in full. 5.0) Any corrections, over typing etc., in the tender should be attested. 6.0) The bidders shall furnish the performance reports on previous supply. 7.0) Any and all the exception which the bidder may take to any of the clauses with Technical specification and general conditions of supply shall be clearly outlined in the schedule of deviations (as per Annexures enclosed) failing which the offer will be deemed to confirm fully with the Technical specification and general terms and conditions. Any deviations mentioned elsewhere other than in the SCHEDULE OF DEVIATIONS will not Sprs/ot-15/CE - 325/P-6 be considered. 8.0) The tenderer who is an industrial company would state clearly whether the company is a potentially sick industrial company or a sick industrial company in terms of Section-23 or Section-15 of the sick industrial companies (Special Provision Act. 1985) Failure to furnish this information will make the tender liable for rejection. 9.0 ANALYSIS OF TENDERS: The bid evaluation shall include all central duties such as customs duty and central excise duty and sale tax as a part of the price, as detailed below : (i) in evaluation of the price of an imported item, the price has to be determined inclusive of the customs duty; (ii) in evaluation of the price of articles which are subject to excise duty, the price has to be determined inclusive of such excise duty ; (iii) In a tender where all the tenderers are from within the State of TamilNadu or where all the tenderers are from outside the State of TamilNadu, the sales tax or VAT shall be included for the evaluation of the price and in a tender where the tenderers are both from the State of TamilNadu as well as from the outside State of TamilNadu, the TNVAT quoted shall be excluded for the evaluation of price. Note: If scope of supply includes erection, testing & commissioning, also L1 bidder shall be determined by comparing the combined value of all inclusive rate for Design, Supply portion and that for Erection, Testing, Commissioning portion quoted by each bidder, subject to provisions under clauses (i) to (iii) above. As the price is all inclusive, no increase in levies will be considered. If the increase is due to the tenderer coming into a different tax/duty slab, either within contractual delivery schedule or processing of tender or otherwise, shall be to the account of the successful tenderer only. Subject to this, variation in prices will be considered where decrease/increase in taxes and duties is due to statutory variation and the increase occurs within the contractual delivery date. iv) Withdrawal of Price preference : No price preference shall be extended to domestic SSI units and Public Sector Undertakings of the Government, in evaluating the offers, in view of the provision for extending price preference is withdrawn in Tamil Nadu Transparency in Tenders Act. V) SPLITTING OF TENDER : In case where two or more tenderers quoted the same price, the Tender Accepting Authority will split the procurement among such tenderers taking into consideration the experience and credentials of such tenderers. Where such splitting is not possible or could not be done equally, the Tender Accepting Authority will identify the lowest tenderer by adopting one of the following approaches: (a) In case of multi-stage tenders, by taking into account the qualification score of each tenderer from the first stage and the tenderer with higher score will be adjudged the Lowest Tenderer; or (b) By asking the two tenderers to provide their best and final offer of the financial bid in a sealed cover and the tenderer offering the most advantageous financial bid will be adjudged the Lowest Tenderer. (c) In case, a tie still persists after the procedure contained in above clauses (a) or (b)has been followed, the selected tenderer will be identified by draw of lots, which will be conducted, with prior notice, in the presence of the tied tenderers or their representatives who choose to be present. VI) NEW ENTRANTS : a) A tenderer shall be declared as “New Entrant” who have no previous experience of supply for the tendered items or no satisfactory period of service or no financial turnover but have infrastructure / manufacturing facility as per the inspection report of Third Party Inspection or TANGEDCO or TANTRANSCO Engineers. The tenderer who have lesser quantity of supply experience or lesser satisfactory period of service or lesser financial turnover criteria than prescribed in the tender document may also be considered under new entrant category. b) The tenderer is eligible to be considered for placement of orders under New Entrant category if the bidder is the evaluated and negotiated L1 tenderer. Sprs/ot-15/CE - 325/P-7 c) The tenderers who have been considered under New Entrant category shall satisfy all technical, commercial and BQR conditions except BQR condition of quantity of previous experience of supply or satisfactory period of service or financial turnover criteria. d) TANGEDCO or TANTRANSCO have right to place order upto 20% of the tendered quantity on a New Entrant. In case more than one bidder qualify under the above New Entrant category, TANGEDCO or TANTRANSCO has right to place order upto 20% of the tendered quantity on each New Entrant. 10.0 The tenderer should quote MINIMUM QUANTITY OF 10% OF TENDERED QUANTITY. The offer of bidders who have quoted for lesser quantity than the minimum quantity prescribed shall be SUMMARILY rejected. In the event of floating tender for procurement of more items of similar materials of various sizes or ratio etc., the cumulative 10% of the aggregate quantity of various items shall be considered for arriving at minimum quantity. 11.0 REJECTION OF TENDERS: Tender will be rejected if it is a) received without TIN NUMBER b) Not in the prescribed form. c) Not properly signed by the tenderer. d) Received after expiry of the due date and time. e) Not in conformity with TANGEDCO's technical Specification f) Not accompanied with tender sample if requested and not in conformity with TANGEDCO’s technical specification. g) Received by telex or telegram, Fax or E-mail. h) Received without superscription as prescribed in the specification. i) Received from a tenderer who is directly or indirectly connected with Government service or TANGEDCO Service or service of Local Authority. j) With validity period less than that specified in the specification. k) Incomplete and evasive offer. l) From the approved tenderer whose permanent EMD is not adequate for this tender. m) Not accompanied by the requisite EMD or proof of permanent Deposit or proof of exemption. n) Not accompanied by undertaking/agreement where EMD is to be exempted. o) Not submitted in the prescribed procedure. p) Received with EMD in the form of cheque or Bank Guarantee. q) Received from any blacklisted firm or contractor. r) Not accompanied with attested copies of evidences for meeting the bid qualification requirement (BQR evidences submitted after the date of tender opening will not be accepted). s) Does not meet Bid Qualification Requirement. t) Received from a tenderer whose past performance / Vendor Rating is not satisfactory. u) If Offer is made for the part of the materials and not the whole of the material covered under the specification, may be rejected v) If quantity quoted is less than 10% of tendered quantity (Cumulative quantity should not be less than 10% of aggregate quantity in case the tender is for the procurement of more items of similar materials of various sizes or ratio etc.) w) If price is indicated in envelope-A x) If, the documents furnished with the offer being found to be bogus or the documents contain false particulars. y) If the two part system is not followed, the tender will be rejected summarily. 12.0) The TANGEDCO reserves the right, a) Not to accept the lowest or any tender. b) To reject any or all the tenders without assigning any reason. c) To divide, split and award the contract to one or more contractors for any item/items covered by this specification. d) To revise the quantities and delivery schedule of any or all the items covered by this specification, while placing orders. e) To relax or waive any of the conditions stipulated in the tender specification as deemed necessary in the best interest of the TANGEDCO for good and sufficient reasons. f) To order additional quantities, if necessary during the penance of contract. 13.0) The tenderers are requested to furnish the exact locations of their factories with detailed Sprs/ot-15/CE - 325/P-8 addresses in their tenders to enable inspection by the TANGEDCO if considered necessary. 14.0) CLARIFICATION OF BIDS: To assist in the examination, evaluation and comparison of Bids, the PURCHASER may, at his discretion, ask the BIDDER for a clarification of his Bid. All responses to requests for clarification shall be in writing. In such an event, the BIDDER shall furnish all technical information/clarifications to the PURCHASER in a sealed envelope on or before the due date prescribed by the purchaser. If the technical clarification sought by PURCHASER do not reach them on or before due date fixed, the tenders will be rejected summarily. SECTION - II COMMERICAL TERMS AND CONDITIONS 1.0) SCOPE This specification covers supply of materials furnished in the Annexure - I including excise duty, taxes, packing and forwarding, freight and transit insurance required for North Chennai Thermal Power Station of TANGEDCO. 2.0) LOCATION : The materials required to use in the North Chennai Thermal Power Station located near Athipattu Pudhu Nagar, Chennai – 600 120, Tamil Nadu. 3.0 COMPLETENESS OF TENDER : The tender should be complete with all details of illustrative and descriptive literature drawings, test reports etc., of the materials offered. Information regarding the country of manufacture, origin of materials used in the manufacture of the equipments should be furnished. The tenderers shall furnish the complete technical details of the materials offered. In order that the tenders may receive full consideration the whole information asked for in the accompanying schedules and elsewhere together with relative leaflets, literature, drawings, etc., must be supplied by the tenderer. Tenders not containing the complete details as above are liable for rejection. 4.0 ROYALTIES FOR PATENTS : 4.01) All Royalties for patents or charges for the use of infringement thereof that may be involved in the construction or use of any equipment or appliance to be supplied against this specification shall be included in the tender prices. The contractor shall protect the purchaser against all claims, action, suits and proceedings for the infringement or alleged infringement of any patent, design or copy right protected either in the country of origin or in India by the use of any equipment supplied by the contractor other than for the purpose indicated by or reasonably to be inferred from the specification. 4.02) A quality plan will have to be furnished by the successful tenderer at the time of finalizing of tender. 5.0 PRICES : 5.01) Tenderers shall quote "FIRM " price in Indian Rupees Valid for one year from the date of receipt of P.O. Prices should be quoted on item wise as shown in the price schedule (Annexure-II) in such a way that Basic price, Discounts, ED,CESS, TNVAT/CST, Service tax, Packing and Forwarding charges, Freight Charges, Insurance charges and other applicable levies etc are indicated separately. The TANGEDCO reserves the right to divide, split and award the contract to one or more suppliers/contractors for any item / items covered in this specification. 5.02) The prices quoted should only be "Unit price” excluding ED, Cess , CST/TNVAT, Packing and Forwarding charges, Transit Insurance charges. Applicable rate of duties and taxes on ex-works shall also be furnished. 5.03) Tenderers should take into Account the new MODVAT Scheme and quote their prices accordingly. A Certificate to the effect that MODVAT Scheme has been taken into account and prices are quoted accordingly should be furnished. 5.04) The rate quoted should be furnished both in figure and words and any correction in the rate shall be attested by the person signing the tender offer. If there is any difference in value between figure and words the lowest rates quoted either in words or in figure whichever is advantageous to the TANGEDCO will be taken into account. 5.05) Prices and rates quoted shall include cost of all materials, tools, equipments and Sprs/ot-15/CE - 325/P-9 plants, mobilizing and transport, duty and taxes on raw materials and bought out items if any, royalties, octroi, local taxes, levies, if any, etc., and other costs that are not specified mentioned herein but will be incurred by the tenderers for satisfactory and timely completion of the works. 5.06) The Tenderers shall furnish their acceptance for the following: "After placing of P.O. if, it is found that the Firm have supplied these items, at the lower rate to any other Thermal Stations in TNEB/TANGEDCO/PSU during the period of one year from the date of issue of P.O., then the firm should pass on the benefit to the TANGEDCO." 6.0) CENTRAL SALES TAX/TNVAT 6.01)The Central Sales Tax/TNVAT will be paid extra as applicable on material portion, The amount of Central Sales Tax/TNVAT and percentage payable shall be indicated explicitly and separately in the tender offer. Central Sales Tax/ TNVAT is not applicable to Packing & forwarding, Freight and Insurance charges. 6.02) NORTH CHENNAI THERMAL POWER STATION – 1 of TANGEDCO Limited has been registered as a dealer under CST Act 1956 (Registration No.1248670) and under TNVAT Act 2006 with TIN No. 33181706465. As per G.O.MS No.77 dated.11.07.2011 Notification – III No.II(1)/CTR/12 (R-17)/2011, the concessional rate of VAT @ 5% is applicable for the goods supplied to TANGEDCO Ltd, TANGEDCO and TANTRANSCO used in Generation, Transmission and Distribution of Electrical Energy except petrol, Cement & Diesel. Further, as per GO.MS No.77 dated. 11.07.2011 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 TANGEDCO Lid., TANGEDCO, TANTRANSCO, subject to the condition that the dealer/Purchaser obtains and furnishes a certificate in the prescribed form. 6.03)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. 6.04) In case of delayed delivery, the Central Sales Tax/TN VAT prevailing on the date of dispatch or on the last day of the contractual delivery period whichever is LESS will be admitted. For both the cases the successful tenderer shall furnish documentary evidence while submitting the bills for payment. 6.05) Provided always, it is hereby agreed and declared that in case, where the TANGEDCO has doubt and belief that Central Sales Tax/TNVAT is not at all payable for the transaction in question, the TANGEDCO reserves the right to withhold the amount of Tax until the party produces an order of court of competent jurisdiction, declaring the liability of the transaction to Central Sales Tax/TN VAT. Concessional rate of Central Sales Tax/TN VAT, if any, shall be taken in to account and included in the price quoted giving proof thereof. Any increase in Central Sales Tax /TN VAT, either within contractual delivery schedule or processing of tender or otherwise, consequent to successful tenderer coming into different slab shall be to the account of the successful tenderer only. The following certificates have to be furnished for admittance of claim of Central Sales Tax/TN VAT. (i) Certified that the transaction in which the Central Sales Tax/TN VAT has been claimed and has been/will be included in the return submitted/to be submitted to the Central Sales Tax/TN VAT authorities for assessment of the Central Sales Tax/TN VAT and the amount of Central Sales Tax/TN VAT claimed from the purchaser has been/will be paid to sales Tax authorities. (ii) Certified that the goods on which the Central Sales Tax/TN VAT has been charged have not been exempted under C.S.T. Act or TN VAT and the Rules made there under and the charges on account of Central Sales Tax/TN VAT on these goods are correct, under provisions of relevant Act or Rules made there under. (iii) Certified that we shall indemnify the TANGEDCO, in case if it is found at a later date that wrong/incorrect or excess payment has been recouped on account of Central Sales Tax/TN VAT 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 and our Registration No. is .......... (v) Certified that TN VAT credit availed by me has been taken into account in the rates quoted. 6.1) SERVICE TAX: As per Ministry of Finance Notification No 30/2012 dt 20.6.2012, only 50% of the service tax applicable will be reimbursed to the contractor, being the service provider. 6.2) TIN NUMBER: TIN Number shall be furnished in the offer, failing which the offer will be liable for rejection. 7.0) EXCISE DUTY: Sprs/ot-15/CE - 325/P-10 7.01) 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 rates assumed by the tenderer are less than the rates prevailing at the time of tendering, the TANGEDCO will not be responsible for the mistake. 7.02) If the rates assumed by the tenderer are higher than the current rates prevailing at the time of tendering, the Excise Duty prevailing at the time of tendering will only be paid. 7.03) Any increase in Excise Duties consequent to the supplier coming into different duty slab during the execution of the contract shall be to the supplier’s account. No claim for increase in the above respect will be admitted. Any variation in Excise Duty due to statutory variation within the contract delivery date shall be considered. 7.04) In case of delayed delivery, the excise duty prevailing on the date of actual delivery or the excise duty on the last day of the contractual delivery period whichever is LESS shall be admitted. For both the cases the supplier shall furnish documentary evidence while submitting the bills for payment. 7.05) The Excise duty will be admitted on submission of evidence viz. Central Excise Registration No., PLA No.etc. date and time of removal of goods, debit entry in PLA/RG 23 duly authenticated by authorized signatory shall be preferred by the supplier for claim of ED. 7.06) The tenderer who have quoted ED as NIL and in the event of placement of order on such tenderer against this specification where the value of order is above Rs.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 TANGEDCO shall not be responsible for any ED evasion by the tenderer in respect of this transaction. 7.07) In the case of tenderer who has quoted ED as Nil and in the event of placement of order against this specification and the proposed order value is less than Rs.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 TANGEDCO shall not be responsible for ED evasion if, any by the tenderer in respect of this transaction. 8.0) DUES TO TANGEDCO Amount due from the supplier to TANGEDCO for the default in any other previous purchase orders will be adjusted from the pending payments against the purchase order placed on the supplier under this specification, which may please be noted. 9.0) VALIDITY OF THE TENDER : 9.01) Tenders shall be kept valid for acceptance for minimum period of 180 days from the date of opening. However the tenderer shall keep his offer open till such time his tender is either accepted or rejected by TANGEDCO/ competent Authority. Any extension thereof should also be given if requested by TANGEDCO without revision of prices and terms in the bid. 9.02) Tenders with less validity period will be rejected. Note:- All information in the Bid shall be in ENGLISH only. Errors and other changes shall be attested by the persons signing the Bid. 10.0) EXTENT OF RESPONSIBILITY OF THE TENDERER : The tenderer is responsible for safe packing and forwarding the materials to site with transit insurance covering a storage period of 90 days. He should include and provide for securely protecting and packing the materials as per relevant packing standards to avoid damages or loss in transit. He will also make good the loss of materials in transit if any and arrange to claim insurance based on the report by the TANGEDCO. The tenderer is responsible for safe delivery of the equipments at the site in good conditions. 11.0 PAYMENT : (where no erection and commissioning by supplier is involved) Payment for supplies against this specification shall be made as below:11.01) If supplied, within the delivery period : a) 100% of all inclusive price will be paid within a reasonable time after receipt of materials in good condition at NCTPS-I stores against submission of bills alongwith the following documents after deducting recoveries if any. i) PR/DD/BC/BG towards SD cum PG (Original receipt) ii) Original ED Gate pass if, ED is applicable. iii) Test Certificate iv) Guarantee Certificate v) PAN No. Payment will be made on receipt and after acceptance of each consignment, receipt of above documents and approval of Sample and Test/Inspection Certificate. 11.02) If supplied, beyond the delivery period : Sprs/ot-15/CE - 325/P-11 a) 100% of all inclusive price will be paid within a reasonable time after receipt of materials in good condition at NCTPS-I stores against submission of bills alongwith the above documents after deducting LD and other recoveries if any. Payment will be made on receipt and after acceptance of belated supply, receipt of above documents and approval of Sample and Test/Inspection Certificate. 11.03) : If, the scope of the Specification includes Erection and Commissioning of the materials supplied, Payment against this specification shall be made as below:11.03 a) Within the delivery period : 95% of the all inclusive price (including Sales Tax) of the materials of each consignment and Erection charges (inclusive of Service Tax) will be paid within a reasonable time after receipt and acceptance of materials at NCTPS-I Stores in good condition and completion of erection works at the given location with the concurrence from the concerned Superintending Engineers, on submission of bills alongwith following documents. i) ii) iii) iv) v) PR/DD/BC/BG towards SD cum PG (Original receipt) Original ED Gate pass if, ED is applicable. Test Certificate Guarantee Certificate PAN No. Payment will be made on receipt of materials alongwith above documents, approval of Sample and Test/Inspection Certificate and completion certificate. Balance 5% of all inclusive prices(including Sales Tax) of the materials and Erection charges (inclusive of Service Tax) will be paid within a reasonable time after completion of entire work (that is supply of entire ordered quantity and completion of erection and commissioning of all the items) and closure of the purchase order. 11.03 b) Beyond the delivery period : 95% of the all inclusive price (including Sales Tax) of the materials and Erection charges (inclusive of Service Tax) of each consignment after deducting the appropriate amount of Liquidated Damages of each consignment will be paid within a reasonable time after receipt and acceptance of materials at NCTPS-I Stores in good condition and completion of erection works at the given location with the concurrence from the concerned Superintending Engineers, on submission of bills along with above documents. Payment will be made on receipt of materials alongwith above documents, approval of Test/Inspection Certificate, approval of Sample and approval and acceptance of belated supply and completion certificate from the concerned division . Balance 5% of all inclusive prices(including Sales Tax) of the materials and Erection charges (inclusive of Service Tax) will be paid within a reasonable time after completion of entire work (that is supply of entire ordered quantity and completion of erection and commissioning of all the items) and closure of the purchase order. 11.04) For the delayed payments if any, the TANGEDCO will not pay any interest on any account. 11.05) The bills shall be sent in duplicate to Accounts Officer/NCTPS-I, Chennai-120. The Payment shall be made by Cheque on any one of the Scheduled Banks or its branches in Tamil Nadu as may be decided by the TANGEDCO from time to time. Exchange commission for issue of Bank draft will be to the account of the supplier. 11.06) Offers agreeing to the above TANGEDCO's terms of payment will be preferred. TANGEDCO may reject the offer with other terms of payment. 11.07) Claiming of payment against Proforma Invoice/delivery or payment for the material supplied without completing erection and Commissioning will not be considered. 11.08) Letter of credit payments will not be accepted in respect of indigenous supply. 11.09) No payment will be made against document negotiated through Bank. 11.10) No payment will be made until Test/Inspection Certificates approved by the TANGEDCO. 11.11) No payment will be made for materials damaged or broken during transit. 11.12) In respect of contracts where the tenderers have not furnished any security deposit initially, payments will not exceed 90% 11.13) If the supplier despatches the materials without the prior approval of competent authority and without communication of the same to consignee, and if any demurrage or wharfage or both are incurred by the purchase, it will be debited to the supplier. 11.14) The supplier shall bear any expenditure arising out of unapproved despatches. Sprs/ot-15/CE - 325/P-12 12.0) ADVANCE PAYMENT 12.01) No advance payment will be given. Tenders insisting on advance payment are liable for rejection. 13.0) DELIVERY : 13.01) Delivery period: Refer Tender Specification Abstract 13.02) The tenders from ready Stock are preferable. 13.03) If the guaranteed delivery period is not kept up, the liquidated damages specified in clause -15.0 will be enforced. The TANGEDCO is at liberty to alter the delivery date on the lesser side to suit its needs as and when necessity arises during the tendency of contract. The acceptance of this clause should be specifically confirmed in the tender. 13.04) If the materials are delivered after the due date of delivery, the materials will be accepted subject to the following conditions. a) There should be no declining trend in prices. b) Payment will be released as per the recent purchase order rate or lowest rate obtained during the recent tenders opened subject to levy of Liquidated Damages. c) TANGEDCO reserves the right to accept or reject the delayed supplies without assigning any reason thereof and take action as per the other terms and conditions of this specification. 14.0) FORCE MAJEURE : 14.01) If at any time during the continuance of the contract the performance in whole or in part or if any obligation under this contract shall be prevented or delayed by reasons of any war, hostility, acts of public enemy, acts of civil commotion, Strikes, Lockouts, sabotages, fires, floods, explosions, epidemics, quarantine restriction or other acts of God (here-in-after referred to as eventuality) then provided notice of the happening of any such eventuality is given by the tenderer to the TANGEDCO within 15 days from the date of occurrence thereof, neither party shall by reasons of such eventuality be at entitled to terminate this contract nor shall have any claim for damages against the other in respect of such non performance or delay in 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. 14.02) Provided that if the performance in whole or part by the tenderer or any obligation under this contract is prevented or delayed by reasons of any eventuality for a period exceeding 60 days, the TANGEDCO may at its option to terminate the Contract by notice in writing. 15.0 LIQUIDATED DAMAGES: 15.01) The Delivery period given in clause Delivery shall be guaranteed by the supplier/Contractor under the following "Liquidated Damages Clause " If the contractor fails to supply the items/materials with the time specified in the contract / or any extension thereof, the purchaser shall recover from the contractor as liquidated damages a sum of half percent (0.5%) of the contract price of the undelivered items / materials of each completed week of delay. The total liquidated damages shall not exceed Ten percent (10%) of the contract price of the units/materials so delayed. The date of receipt of materials at NCTPS-I Stores will be reckoned as date of delivery for deciding LD for delay in supply. It should be the supplier’s responsibility to arrange for inspection, dispatch etc. in time to keep up the delivery schedule. a) b) c) d) Liquidated damages will also be levied for quantity not supplied as is done for the delayed supplies. LD will be levied for delayed in replacement / repair of defective / damaged equipment. Even if, there is any delay in delivery of sample, LD will be imposed on the bulk supply. Incase, the supply effected in part, could not be beneficially used by the TANGEDCO, ( Due to such incomplete supply), Liquidated damages should be worked out on the basis of entire order value only, and not on the value of delayed portion. 15.02) The TANGEDCO will also be at liberty to cancel the order / contract if the supply is not completed within the accepted delivery period not withstanding the liquidated damages applicable to the belated supplies. 15.03) If supplies or services to be rendered against the contract are made by the supplier beyond the period of delivery stipulated in the purchase order and they are accepted by the TANGEDCO such acceptance is without prejudice to the TANGEDCO's right to levy liquidated damages for the delay in supply. 15.04) It should be noted if a contract is placed on the higher tenderer in preference to the lowest acceptable offer in consideration of offer of earlier delivery, the said contractor will be liable to pay the TANGEDCO the difference between the contract rate and that of the lowest acceptable tender in case of failure to complete the supplies / works in terms of such contract Sprs/ot-15/CE - 325/P-13 within the delivery period specified in the tender and incorporated in the contract. This is without prejudice to other rights under the terms of contract. 15.05) The tenderers failing to execute the order placed on them to the satisfaction of the TANGEDCO, the TANGEDCO shall recover from the successful tenderer, as Liquidated damages a sum equal to 10% of the contract price besides the forfeiture of Security Deposit. 15.06) If there is any downward trend in prices on account of belated supplies, the Successful tenderer have to accept the same with a levy of liquidated damages, for belated supplies. 16.0) MATERIALS AND WORKMANSHIP : 16.01) All the materials shall be of the best class and capable of satisfactory operation in tropics with humid atmospheric conditions, without distortion or deterioration. No welding, filling or plugging of defective, parts will be permitted without approval in writing of the TANGEDCO's Engineers. Unless otherwise specified they shall conform to the requirement of the appropriate British or Indian Standards or any other International Standards. 16.02) The workmanship shall be of the highest grade and the entire construction in accordance with the best modern practice. 16.03) The whole of the work shall be of the highest class throughout well finished and approved make. The entire design and construction shall be capable of withstanding the severest stresses likely to occur in actual service and of resisting rough handling during transport. 16.04) The equipments should be designed to facilitate inspection and repairs and to ensure satisfactory operation under atmospheric conditions prevailing at site and under sudden variations of load and voltages as may be met with under working conditions in the system including those due to faulty synchronizing and short circuits within the rating of the apparatus. 16.05) The design shall incorporate every reasonable precautions and provisions for the safety of all those concerned in the operation and maintenance of equipment. 16.06) All the equipments should operate without un due vibration and with the least practicable amount of noise. 17.0) RAW MATERIALS : It is the responsibility of the tenderer to make his own arrangements to procure the necessary raw materials required for the manufacture. 18.0 INTERCHANGEABILITY : All similar materials and removable parts of similar equipments shall be INTERCHANGEABLE with each other. 19.0) MAXIMUM WEIGHTS AND DIMENSION OF PACKINGS : 19.01) Packing may be according to manufacturer's standard practice. 19.02) The contractor is responsible for informing himself of (i) the facilities that exist for road and railway transport to site (ii) maximum weights and size of packages conveyed by railway and (iii) Crane, lifts etc., available at the Railway Stations or destination. 20.0) TEST/INSPECTION CERTIFICATE : The Material Test Certificates as per relevant IS Standards obtained from Government Approved Laboratory or Manufacturer’s Original test certificate in triplicate should be furnished along with the Sample / Bulk for Scrutiny and Approval. The materials will be rejected, if the test results are not satisfactory. 21.0) GUARANTEE : 21.01) The materials to be supplied against this tender are guaranteed for 18 months from the date of receipt of materials at site or 12 months from the date of commissioning which ever occurs later subject to overall guarantee period of 24 months from the date of receipt under normal service and maintenance conditions against manufacturing defects and workmanship. A guarantee certificate should be enclosed alongwith the bill/Proforma Invoice. 21.02) Any defects noticed during the guarantee period shall be rectified by the supplier free of cost within 2 months from the date of intimation of defective/failure. Irrespective of number of failures and repairs, the supplier shall be responsible for free replacement of the defective materials till the same serves the above guarantee period. The incidental expenses, transport and freight charges for the replacement of defective materials within the guarantee period shall also be borne by the supplier till such time it completes that guarantee period. 21.03) If they are not rectified or replaced within two months, the supplier shall pay Liquidated Damages as per LD clause in the contract for the delay from the date of receipt of intimation for the defects of failures. 22.0) SECURITY DEPOSIT CUM PERFORMANCE GUARANTEE: The successful tenderer will have to pay 5% value of the Purchase order ( all inclusive) as combined Sprs/ot-15/CE - 325/P-14 Security Deposit cum performance guarantee in the form as follows within 15 days from the date of receipt of Purchase order. The SD cum PG amount will not carry any interest. (i) For value of Purchase order up to Rs.10 Lakhs, SD cum PG in the form of Demand Draft/ Banker’s cheque or pay order payable only. (ii) For value of Purchase order exceeding Rs.10 Lakhs, SD cum PG in the form of Demand Draft/ Banker’s Cheque or pay order/ Irrevocable Bank Guarantee. Bank Guarantee should be obtained from the Banks mentioned in clause (23.0) 22.01) The Security Deposit cum Performance Guarantee furnished shall be towards proper fulfillment of the contract as well as towards performance guarantee of the materials supplied. In case of BG, the SD cum PG shall be valid/extended for the entire period of Guarantee. 22.02) The Security deposit cum Performance Guarantee against this contract will be released to the contractor only if the contract is completed to the satisfaction of the purchaser. If the purchaser incurs any loss or damage on account of the breach of any of the clauses mentioned above or any other amount arising out of the contract becomes payable by the successful tenderer to the purchaser, then the purchaser will in addition to such other dues that he shall have under the law, appropriate the whole or part of the security deposit cum Performance Guarantee and such amount that is appropriated will not be refunded to the successful tenderer. 22.03) The Security deposit cum Performance Guarantee furnished in the form BG shall be returned after the expiry of the guarantee period. If the SD cum PG is furnished in the form of Demand Draft/ Banker’s cheque or pay order the same shall be refunded after expiry of the guarantee period. If during the above period, any of the materials supplied are found to be defective in material or in workmanship, the same shall be rectified or replaced at destination at free of charges. 22.04) TANGEDCO reserves the rights to cancel the P.O. on failure to furnish the Security Deposit cum Performance Guarantee within the prescribed time without any further reference to the successful tenderer and right to levy penal interest (currently 22%) for delayed payment/submission of BG towards Security Deposit cum Performance Guarantee 23.0) BANK GUARANTEE : All Bank Guarantee should be furnished in Non-judicial stamp paper value of Rs.80/- and obtained only from a) Nationalised Bank. b) Non Nationalised scheduled Bank c) Branches of Foreign Banks in India. 24.0) PERMANENT ACCOUNT NUMBER: The tenderers should furnish Permanent Account Number for Income Tax alongwith the offer. 25.0) INSPECTION : 25.01) The purchaser’s representative shall have free access to the supplier's works at any time during working hours for the purpose of inspecting the manufacture and testing of the materials covered by this specification. The supplier shall provide the necessary facilities for such inspection. 25.02) The purchaser shall be given intimation well in advance about the readiness of the materials. The arrangement for inspection shall be made by suppliers in such a way that the delivery schedule is kept up. The materials should not be despatched without acceptance of test certificate and instruction from the TANGEDCO. 26.0) JURISDICTION FOR LEGAL PROCEEDINGS : 26.01) No suits or any proceedings in regard to any matter arising in any respect under this contract shall be instituted in any court save in the Civil court of Chennai or the court of small causes in Chennai. It is agreed that no other court shall have jurisdiction to entertain any suit or proceedings eventhough part of the cause of action might arise within their jurisdiction. In case, any part of the cause of action arises within the jurisdiction of any of the courts in Tamil Nadu and not in the courts of Chennai City, then it is agreed to between the parties that such suits or proceedings shall be instituted in a court within Tamil Nadu and no other court outside Tamil Nadu shall have jurisdiction even though any part of cause of action might arise within the jurisdiction of such courts. The bidder shall furnish an undertaking for legal proceedings as per the f ormat in Annexure – VII in a non judicial stamp paper of Rs.80/- agreeing to the above condition along with their offer. Sprs/ot-15/CE - 325/P-15 27.0) ARBITRATION : Arbitration is not applicable to this contract. 28.0) DESPATCH OF EQUIPMENTS : 28.01) It is the contractor's responsibility to deliver the materials / equipment to site. Materials can be brought to site by road also. The dispatch intimation may however, be given to the Stores Officer/NCTPS-I/Chennai-120 with intimation to the Superintending Engineer/P&A/NCTPSI/Chennai-120. All materials should be despatched only after getting dispatch clearance from the Superintending Engineer/P&A/NCTPS-I. 29.0) LOSS OR DAMAGE : External damages or shortages that are prima facie due to the results of rough handling in transit or defective packing will be intimated within a fortnight of the receipt of the materials. Internal defects, damages or shortages of any integral parts which cannot ordinarily be detected on a superficial visual examination caused by bad handling in transit or defective packing would be intimated after inspection on receipt of the materials at stores. In either case, the damages or defective materials should be replaced at free of cost to the TANGEDCO. 30.0) REPLACEMENT OF DEFECTIVE, DAMAGED MATERIALS : 30.01) If during three months subsequent to the date of acknowledgement of receipt of goods any of the goods found to be defective in material or workmanship they shall be replaced by you free of all charges. 30.02) 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 not in conformity with the specification / sample, such defective or damages in materials, supplied shall be rectified 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/damaged materials shall be replaced at free of cost within two months on 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 contractor shall pay the liquidated damages as per the liquidated damages clause in the specification for the delay from the date of receipt of intimation of the defects or damages. 30.03) If even after such rectification or replacement of the damaged or defective part, if the equipment / materials ordered is not giving the satisfactory performance as per the contract, then it will be open to the purchaser either to reject the goods or repudiate the entire cost of such goods and claim such loss sustained by the TANGEDCO. 30.04) "Notwithstanding any other remedies available, the Purchaser shall be entitled to dispose of the defective / damaged materials in “as is where” condition without further notice, if the contractor / supplier fails to rectify the defect and /or replace the damaged materials and/ or fails to remove the defective / damaged materials within such period as may be notified by the Purchaser through notice and the sale proceeds of such disposal shall be appropriated towards the dues to the TANGEDCO such as Liquidated Damages, ground rent, etc. as may be determined by the Purchaser." 31.0) BIDDER'S EXPERIENCE : 31.01) The intending tenderers shall furnish the details of various supply orders/works contracts executed by them for the past three years as on the date of tenders in the Annexure-V enclosed to the tender specification. The details furnished by the tenderers shall be in complete shape and if it is found that any information is found omitted, suppressed, incomplete or incorrect, the same will be taken note of while dealing with the tenderer in future and will entail forfeiture of EMD. Tenders furnished by the tenderers without these accompanying details of their past performance are liable for rejection. 32.0) PROGRESS OF SUPPLY : The tenderer while submitting his tenders should furnish necessary bar chart / pert chart. 33.0) DEFECTIVE SUPPLIES : 33.01) The contractor is responsible for the safe delivery of the equipment / materials at site. 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 unsuitable for the purpose for which they are purchased, then it will be open to the TANGEDCO either to reject the goods and repudiate the entire contract and claim such loss that the TANGEDCO may suffer on that account of require to arrange for the replacement of the defective goods at free of cost. 33.02) Similarly if during the guarantee period any of the goods be found to be defective in materials or workman ship or do not conform to specification or unsuitable for the purpose for which they are purchased, it will be open to the TANGEDCO either to repudiate the entire Sprs/ot-15/CE - 325/P-16 contract and claim damages or accept such part of the goods that are satisfactory and require to replace the balance or pay the compensation to the extent of the loss sustained by the TANGEDCO on that account. 34.0) DRAWING : 34.01) The tenderers should submit with his tender dimensioned General arrangements drawings for the equipments offered. Illustrated and descriptive literature also should be enclosed. 34.02) Any approval given to the detailed drawings by the purchaser shall not relieve the contractor of the responsibility for correctness of the drawing and in the execution of the works in accordance with the terms of the specification. 35.0) RECOVERIES OF DUES :The TANGEDCO is empowered a) To recover any dues against this contract in any bills / Security Deposit / Earnest Money Deposit due to the successful tenderer either in this contract or any other contracts with TANGEDCO/TNEB. b) To recover any dues against any other contract of the successful tenderer with TANGEDCO/TNEB, with the available amount due to the successful tenderers against this contract. 36.0) INSURANCE : The successful tenderer should effect insurance of all materials, being supplied by them through any of the nationalized insurance companies at their cost. The Bidder's acceptance or otherwise to this clause should be specifically stated in the tender. The insurance should cover (i) Transit Insurance and (ii) Storage insurance for 90 days at site. 37.0) NEGOTIATION : Negotiation will be carried out with the L1 tenderer after opening of tenders. 38.0) VENDOR RATING: TANGEDCO will verify the vendor rating of the bidders from selected Thermal power stations. Incase the vendor rating is not satisfactory, their offers will not be considered for further processing and will be rejected. 39.0) FAILURE TO EXECUTE THE CONTRACT : 39.01) Successful tenderer failing to execute the order placed on them to the satisfaction of the TANGEDCO under the terms and conditions set forth therein, will be liable to make good the loss sustained by the TANGEDCO, consequent to the placing of fresh orders elsewhere at higher rate, ie, the difference between the price accepted in the contract already entered into and the price at which fresh orders have been placed. This is without prejudice to the imposition of Liquidated Damages. 39.02) Further to imposing of LD, E.M.D. and S.D. paid by the firm will be forfeited as per terms of Purchase order. Their poor performance will be recorded for future tenders/contracts in TANGEDCO. Their name will be blacklisted after due notice. 39.03) In the event of the documents furnished with the offer being found to be bogus or the documents containing false particulars, the EMD paid by the tenderer will be forfeited in addition to blacklisting them for future tenders/contracts in TANGEDCO, TANTRANSCO & TNEB LIMITED. SECTION - III TECHNICAL SPECIFICATION 1.0) SCOPE : This specification covers, design, manufacture testing, inspection at the Vendor's and or his sub-vendor's works, packing and delivery to site, unloading at site and transit insurance of materials required for North Chennai Thermal Power Station. 2.0) It is not the intention of this specification to specify completely herein all details and design and fabrication of materials. However, the materials offered shall conform in all respects to high standards of Engineering and workmanship and be capable of performing in continuous commercial operation up to vendor's guarantee in a manner acceptable to the purchaser who will interpret the meaning of specification and shall have the power to reject any materials, which in his judgment are not in full accordance therewith. 3.0) MATERIAL TECHNICAL SPECIFICATION - Refer Annexure - I 4.0) CODES & STANDARDS 4.01) The design, manufacture and performance of subject material shall requirements of the latest edition of codes and standards. Sprs/ot-15/CE - 325/P-17 comply with the 4.02) In the event of conflict between the codes and standards referred to on the specification and requirement of this specification, the requirement of specification will govern. 5.0) DESIGN AND PERFORMANCE REQUIREMENT: 5.01) The bidder shall submit the design and performance data of the materials offered in relation to Annexure-I along with the bid for evaluation. 5.02) The material shall be designed and manufactured in accordance with the best Engineering practice and shall be sent as, has been proved to be suitable for the inten ded purpose. 6.0) INSPECTION, EXPEDITING AND TESTING: The PURCHASER/OWNER will carry out inspection, expediting and testing during and after its manufacturer through the agency of the ENGINEER/CONSULTANT to ensure quality control and prompt deliveries and the MANUFACTURER, will provide the necessary access and facilities. Expediting will cover vendor data submissioning, ordering of raw materials, production, planning, manufacture, testing and shipment. Inspection will be carried out as per a schedule agreed with the MANUFACTURER, at several stages commencing from inspection of raw materials up to final testing before release of shipment. The inspecting and testing will also cover equipment supplied by the SUB-VENDORS. Inspection by the ENGINEER/CONSULTANT shall not relieve the VENDOR of the responsibilities for furnishing equipment conforming to the specification. 7.0) PACKING AND TRANSPORT: 7.01) The responsibility for properly packing the equipment shall be that of the manufacturer. The requirement for packing and marking of equipment have been generally specified in standard specification entitled "Marking and Transport Instructions" and specifically given in the purchase order. 7.02) All test/Inspection certificates must be endorsed with sufficient information to identify the material or equipment to which the certificates refer, and must carry in the top right hand corner the identification of OWNER/PURCHASER and the CONTRACT. 8.0) MARKING AND TRANSPORT INSTRUCTIONS : MARKING: All packages shall be clearly, legibly and durably marked (preferably with water proof paint) ON with uniform block letters AT LEAST THREE SIDES WITH: a. Destination address as communicated b. PO/Contract No. c. Dimensions d. Net and Gross Weights e. Sign showing slinging and sling position f. Any handling and unpacking instructions, if considered necessary g. Sign showing 'side up' h. Sign showing 'fragile' marks in case of delicate equipment. i. Identification mark relating them to the appropriate shipping documents considered necessary j. In case of spare parts, each spare part shall be clearly marked and labeled on the outside of its packing with its description and catalogue/part number. 9.0) TRANSPORT: 9.01) No material shall be despatched without prior consent of the OWNER/PURCHASER or his representative. 9.02) The SUPPLIER/CONTRACTOR shall intimate the ENGINEER/ CONSULTANT in writing the probable date when the materials shall be ready for dispatch, at least 3 weeks in advance. Copies of the packing list shall also be sent along with the advance intimation. 9.03) In the event of the SUPPLIER/CONTRACTOR proposing to deliver the materials in component or sub-assembly form, he shall furnish full particulars of the quantity and approximate size of each items. All sub-assemblies shall be match-marked to facilitate assembly at site. Sprs/ot-15/CE - 325/P-18 ANNEXURE – I (TECHNICAL SPECIFICATION OF MATERIAL) SPECIFICATION NO. CE- 325 /2015-2016/NCTPS-I Sl. No. Material Description Quantity Supply of 450 & 600MM HAND OPERATED BUTTERFLY VALVES I) 1. 2. NB 600 mm wafer type Hand Operated Butterfly Valve, with heavy duty worm gear assembly with ISI marking Technical Specification: Valve size: NB 600 mm Body : CI IS 210 FG 260 Standard : BS 5155 Class 150 Disc : CF 8 M ( SS 316) Body seat : Nitrile Rubber Shaft : SS 316 Fluid Medium : Sea Water Fluid Pressure : 10 Kg/cm NB 450mm wafer type Hand Operated Butterfly Valve with heavy duty worm gear assembly with ISI marking Technical Specification: Valve size: NB 450 mm Body : CI IS 210 FG 260 Standard : BS 5155 Class 150 Disc : CF 8 M ( SS 316) Body seat : Nitrile Rubber Shaft : SS 316 Fluid Medium : Sea Water Fluid Pressure : 10 Kg/cm Material specification for Heavy Duty Actuator for NB 600 Butterfly valve : Part Name 4 Nos. 7 Nos. Material II) 1. Worm Shaft 2. Worm Gear 3. Body Destination : EN 36 Surface harden Tempered at 60 HRC : EN 19 Surface Harden Tempered at 60 HRC : Cast Steel III) General Standards required along with Technical Bid NCTPS Stores, COMPANY SEAL SIGNATURE : DATE DESIGNATION: As per IS and Drawings COMPANY NAME: Sd/-xxxx CHIEF ENGINEER/NCTPS-I Sprs/ot-15/CE - 325/P-19 A N N E X U R E - II SCHEDULE OF PRICES SPECIFICATION NO. CE- 325 /2015 -2016/NCTPS-I Sl No. I) 1. 2. Material Description Basic Price ED & CESS CST /VAT Packing & Forwarding Charges Freight & Insurance Charges Total Amount Rs. Rs. Rs. Rs. Rs. Rs. Supply of 450 & 600MM HAND OPERATED BUTTERFLY VALVES NB 600 mm wafer type Hand Operated Butterfly Valve, with heavy duty worm gear assembly NB 450mm wafer type Hand Operated Butterfly Valve with heavy duty worm gear assembly Note: In the above Basic price column, only the Unit Price (per No./per set) for each item shall be Indicated. COMPANY SEAL SIGNATURE : DATE DESIGNATION: COMPANY NAME: Sd/-xxxx CHIEF ENGINEER/NCTPS-I Sprs/ot-15/CE - 325/P-20 A N N E X U R E - III (SCHEDULE OF DEVIATION FROM COMMERCIAL TERMS AND CONDITIONS) All deviations from the Technical terms and conditions should be filled by the bidder clause by clause in this Schedule. Specn. No. Section No. Quantity Clause No. The bidder hereby certifies that the above mentioned are the only deviations from Commercial terms and conditions of tender specification. COMPANY SEAL DATE SIGNATURE : DESIGNATION : COMPANY NAME : --------------------------------------------------------------------------------------------------------------------A N N E X U R E - IV (SCHEDULE OF DEVIATION FROM TECHNICAL TERMS AND CONDITIONS) All deviations from Technical Specification shall be filled by the bidder clause by clause in this Schedule. Specn No. Section No. Clause No. Deviation The bidder hereby certifies that the above mentioned are the only deviations from Technical Specification. COMPANY SEAL DATE SIGNATURE : DESIGNATION : COMPANY NAME : Sprs/ot-15/CE - 325/P-21 ANNEXURE - V BIDDER EXPERIENCE The Bidder shall furnish here a list of similar supplies executed by him to whom a reference may be made by the purchaser in case the purchaser considers such a reference is necessary. Sl No. Name and Description of material COMPANY SEAL DATE Value of supply Period of supply End User SIGNATURE : DESIGNATION : COMPANY NAME Sprs/ot-15/CE - 325/P-22 : Person to whom reference may be made A N N E X U R E - VI FORMAT FOR UNDERTAKING IN LIEU OF PAYMENT OF EMD in Rs.80.00 Stamp paper THIS UNDERTAKING executed at................................on this ..................... day of .................... ........... by M/s. ..............................a company registered under companies Act, 1956, having its registered office at ........................................herein-under called the " Tenderer " to and in favour of TAMILNADU GENERATION AND DISTRIBUTION CORPORATION LIMITED, a subsidiary of TNEB Limited, formed on 1st November 2010 under section 131 of the Electricity Act of 2003 and is the successor to erstwhile TAMILNADU ELECTRICITY BOARD, having its office at NPKRR MAALIGAI, Electricity Avenue, 144, Anna Salai, Chennai - 600 002 and represented by ...........................................hereinafter called the "TANGEDCO". WHEREAS the contract is for the supply / erection / construction etc., in terms of the Tender Specification No............../ dt. . . . . .AND WHEREAS in accordance with Clause .......................of the above said tender specification, the tenderer has to furnish E.M.D. of Rs............(Rupees .......... .............. ............... ....... only) and WHEREAS the tenderer has requested the TANGEDCO to accept an undertaking in lieu of payment in cash of the E.M.D. and WHEREAS the TANGEDCO has accepted the request of the tenderer subject to executing an undertaking to pay to the TANGEDCO not exceeding Rs........... (Rupees ....................................... only) representing the E.M.D. together with costs in case of non fulfillment of the conditions stipulated in the Tender specification or the conditions stipulated in the contract by the Tenderer. IN CONSIDERATION of the TANGEDCO having agreed to accept an undertaking from the tenderer in lieu of payment of E.M.D. in cash, the tenderer undertakes to pay the sum of Rs..........(Rupees............................................. only) immediately when a demand is raised by the TANGEDCO against the tenderer without any demur in the event of the following : i) If he withdraws his tender or backs out after acceptance of the tender or fails to remit the Security Deposit. ii) If he revises any of the terms quoted during the validity period, without specific request by the TANGEDCO. iii) If he violates any of the conditions of the Tender Specification No................... dated............. iv) If, the documents furnished with the offer being found to be bogus or the documents contain false particulars. NOW THE CONDITION OF THE ABOVE WRITTEN UNDERTAKING is such that if the tenderer shall duly and faithfully observe and perform the terms and conditions specified in terms of the above, then the above written undertaking shall be void, otherwise the same 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 TANGEDCO " before used hereafter shall include their respective successors and assign in office. IN WITNESS WHEREOF THIRU.........................for and on behalf of the tenderer has signed this undertaking on the day, the month and year first above written. In the presence of Witnesses : (with complete address) SIGNATURE : 1. NAME IN BLOCK LETTERS : SEAL OF THE COMPANY : 2. Sprs/ot-15/CE - 325/P-23 A N N E X U R E - VII FORMAT FOR UNDERTAKING TOWARDS JURISDICTION FOR LEGAL PROCEEDINGS in Rs.80.00 Stamp paper THIS DEED OF UNDERTAKING EXECUTED AT ---------------------ON THIS ………………………………………………… BY Messers……………………………………………. hereinafter called the “TENDERER” (which expression where the context so admits mean include their agents, Representatives, Successors – in – Office and Assigns). THE and TO AND and in favour of TAMILNADU GENERATION AND DISTRIBUTION CORPORATION LIMITED, a subsidiary of TNEB Limited, formed on 1st November 2010 under section 131 of the Electricity Act of 2003 and is the successor to erstwhile TAMILNADU ELECTRICITY BOARD, having its office at NPKRR MAALIGAI, Electricity Avenue, 144, Anna Salai, Chennai - 600 002, herein after called the “TANGEDCO” (which expression shall where the context so admits mean and include the successors – in – office and assigns). WHEREAS the TANGEDCO has called for acceptance of jurisdiction of legal proceedings. NOW THIS UNDERTAKING WITNESSETH that No suits or any proceedings in regard to any matter arising in any respect under this contract shall be instituted in any court save in the Civil court of Chennai or the court of small causes in Chennai. It is agreed that no other court shall have jurisdiction to entertain any suit or proceedings eventhough part of the cause of action might arise within their jurisdiction. In case, any part of the cause of action arises within the jurisdiction of any of the courts in Tamil Nadu and not in the courts of Chennai City, then it is agreed to between the parties that such suits or proceedings shall be instituted in a court within Tamil Nadu and no other court outside Tamil Nadu shall have jurisdiction even though any part of cause of action might arise within the jurisdiction of such courts. 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. In the presence of Witnesses : (with complete address) SIGNATURE 1. NAME IN BLOCK LETTERS : SEAL OF THE COMPANY 2. Sprs/ot-15/CE - 325/P-24 : :