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The draft copy of the W&PM – 12 (say Version-Zero) appears to have been
revised (to say Version -1) and taken to the Board.
The Board while approving the proposal, empowered Chairman DVC for
approving minor changes.
The Standing Committee will meet every three months to review clauses of
this manual.
In case further changes are formulated and approved, the same would be
updated over the current version and the updated Manual named as Version-3,
Version-4 and so on. Information on revisions made would also be posted in the
DVC website.
Users of the manual may kindly ensure that they consult the latest version
of the W&PM-12 at all times of use.
A soft copy of the Works and Procurement Manual, revised in 2012 and
approved by the DVC Board is forwarded for circulation. Hard copy of the same
would also be forwarded subsequently in form of a Book.
1. Executives shall hold paramount the safety, health and welfare of the
public and shall strive to comply with the principles of sustainable
development in the performance of their professional duties.
Page-1
INDEX
Part-I : General
1 Objectives 11
2 Power for interpretations, modification and
11
deviations
3 Clarification of works & procurement manual 12
4 Processing of indent & placement of order 12
5 Procedure for indenting 12
I) Indent 12
II) Last purchase price/ work order value 12
III) Estimate 13
6 Purchase procedure 15
I) E-procurement 15
II) Processes for e-tendering 16
III) E-Procurement Help Desk 22
7 Governing laws & general principles 22
8 Pre-enquiry activities 22
9 Checklist for preparation of tender enquiries 23
10 Qualifying requirements 25
I) Financial capability 26
II) Technical capability 27
11 Formation of qr committee 28
12 Tender methodology 30
13 Selection of bidding process 31
a) Single stage bidding 31
b) Single Stage Bidding with 4 envelopes 31
c) Single Stage Bidding with 3 envelopes 32
51 Agreement 72
52 Follow-up/expediting of orders and payment 72
process
53 Tolerance in purchase order quantity 77
1 Vendor registration 90
1.0 Introduction 90
1.1 Objective 90
1.2 Identification of items and classification of 90
different works/ services for registration
1.3 Screening of application 90
1.4 Approval of registration 91
1.5 Registration & renewal 91
1.6 Guidance to domestic suppliers for filling up 91
vendors’ registration form
1.7 Registration form 93
Part-III : Contractor’s Performance
Evaluation
1 Format 138
2 Notice inviting tender 138
3 General conditions of contract 146
1 Definition 146
2 Reference 146
3 Specifications and drawings 147
4 General information 147
5 Bidding documents 148
6 Earnest money deposit (if applicable) 149
7 Conditions for forfeiture of EMD 150
8 Price basis 151
9 Taxes, levies and duties 151
10 Discrepancies in the bid &treatment thereof 153
11 Offer validity 153
12 Clarifications on bid document 153
13 Amendment of bidding documents 154
14 Cost compensations for deviations 154
15 Price bid evaluation procedure 155
16 Inspection / checking / testing 156
17 Access to vendor’s premises 157
PART-VII
285 – I.1
Annexure Letter of Bid 285
Annexure – I.2 Proforma for Affidavit 286-287
Annexure – I.3 Technical Parameter Sheet 288
Annexure – I.4 Price Schedule (for procurement) 289
Annexure – I.5 Price Schedule of Works 290
Annexure – I.6 Format for Power of Attorney in case of JV/Associates 291-292
List of relevant O.M./Circulars 293
1. OBJECTIVES:
NOTE: In case of TAA is Board/ Chairman for placement of order, approval of member
shall be obtained for any related activities unless specified otherwise.
5. PROCEDURE FOR INDENTING:
I INDENT:-
(a) Indent will be raised, using the indent preparation screen/ format furnishing all particulars
and submit the same for administrative approval. Indents for capital plant & machinery and
other assets should be placed separately.
(b) In case of works / service, proposal with scope of work to be placed to respective C & M
backed by all information wherever available like last work order issued mode of tender, no.
of techno-commercial acceptable offers, estimated cost along with basis, accepted rate etc.
II. LAST PURCHASE PRICE/ WORK ORDER VALUE:-
To prepare the estimate LPP may be considered on the following lines:
i) The last purchase price (LPP) / last work order value will be the price paid in the
latest contract of a similar magnitude, which is not more than three years old from the
date of tender estimate. When similar item of same magnitude is not available, alternative
methodologies may be resorted to.
ii) Where the firm holding the LPP / last work order value contract has defaulted, the fact
should be highlighted in the contract proposal and the price paid against the latest contract
placed prior to the defaulting LPP / last work order value, where supplies / works
have been completed, should be indicated but not more than three years old from the date of
estimate.
W& P Manual – 2012 Page 12
iii) Where the price indicated in the LPP / last work order value is subject to variation,
besides indicating the original price of the LPP / last work order value, the updated
price as computed in terms of the price variation clause, should also be indicated.
iv) Where the supply/work order against the LPP / last work order value is yet to
commence, i.e., delivery / completion schedule is not yet due, it should be indicated in the
contract proposal, whether the contract holder is a past supplier/registered vendor/new vendor.
In case of a new vendor, the price paid against the previous contract as in the case of (ii)
above should be indicated.
v) In the case of wholly imported stores, the comparison of the LPP should be made with the
net C.I.F. value in foreign currency only.
Indication of the percentage of increase over LPP/ last work order value should invariably be
given in the contract proposals. For this purpose, a LPP / last work order value register will be
maintained by all contract departments after sharing information among all the plants and HQ by
sending copies of PO/WO for items/ works common to them.
3.ESTIMATE :-
As the estimated rate is a vital element in establishing the reasonableness of prices, it is important
that the same is worked out in a realistic and objective manner on the basis of prevailing market
rates, last purchase prices rate (not older than three years), economic indices (In absence of related
indices, inflation @ 6% p. a or part there off. may be considered) for the raw material/labour (the same
may be obtained from Labour Bureau, Shimla, RBI, or other Govt. published bulletin), other
input costs, IEEMA formula, published data in paper/journals, wherever applicable and
assessment based on intrinsic value etc. To take care of annual inflation last purchase rate if older
than one year, @ 6% or change in related indices against basic material can be escalated per year.
In case of preparation of estimate for AMC/ARC/one time job, due consideration should be given
to the prevalent market rate for deployment of different category of workers/supervisors &
engineers for the job based on minimum wages of Central govt. adopted by corporation.
For civil works, latest published schedule rate of DSR has to be consulted. Items related to civil
works of power plant reference of similar items of other organization like NTPC, BHEL & Govt.
PSU may be referred if the item is not available in DSR.
Budgetary offers from the reputed manufacturers for procurement may also be considered as a
basis of estimate. Multiple budgetary quotations is preferable to be obtained and the 90% of
lowest budgetary offer should be considered.
Every indent for procurement must be forwarded with estimated cost along with the basis for the
same, wherever possible.
4. Indent should be forwarded through system by the Plant Chief/Chief Engineers to the Chief
W& P Manual – 2012 Page 13
Purchase Officer, C&M Deptt. Kolkata for initiating purchase action, where it is required to be
processed by the Chief Materials Manager.
DVC has engaged a Service Provider for implementation as well as to carry on day to day
activities of e-tendering in respect of all sorts of tendering i.e., OTE, & LTE whose estimated
value will be equal to or greater than Rs. 02 (two) lakhs for all cases. However, threshold value may
be relaxed up to Rs. 5 lacs considering the nature of work/supply/services at the discretion of TAA with
proper justification.
In case of non-conventional item like Bamboo, cow dung etc., e-tender may not be feasible. However,
offline system will continue till infrastructure of online is available.
Registration of Bidder in LTE.
Concerned member is empowered to grant exemption from e-procurement only in exceptional
circumstances after recording justification.
Digital Signature Certificate (DSC) is required to be provided for all officers concerned for the
tenders to be floated for e-procurement. Number and name of executives for DSCs shall be
finalized by the head at concerned project.
Service Provider shall provide Class-III DSC as per requirement of DVC on chargeable basis.
DVC may obtain Digital Signature from any other sources also.
W& P Manual – 2012 Page 16
To log in the website of service Provider, the authorised persons shall be given user ID and
Password by the System Administrator of Service Provider.
System audit is to be done as per statutory requirement.
For getting login ID and Password, name of authorised executive shall be given by DVC Co-
ordinator of the respective locations to Service Provider on their e-mail ID who shall provide
the ID and system generated password.
for Vendor/Contractors
Digital Signature certificate (DSC)
Vendor Registration
Digital Signature Certificate
To participate in the tender, vendors should have a Digital Signature certificate (DSC) as it
shall be required during uploading the bids.
The fees for obtaining DSC are to be borne by vendors/contractors.
In case the bidder loses his DSC because of any problem (virus attack, misplacement etc.), the
bidder may not be able to submit his bid online.
Vendor Registration
To participate in the tender, they will have to register with the Service Provider.
Registration fee is Rs.2, 000/- plus Service Tax will be paid by DVC for the first time.
II) Processes for e-tendering: –
Tender will be floated on-line by the C&M department indicating all the salient details such as
description of items, indent value, delivery period, bid validity period, date of pre-bid meeting,
start date and last date & time of submission of bid, period for seeking clarifications online by the
bidder, date and time of opening of Techno-commercial bid etc. by uploading Notice Inviting
Tender (NIT) and Terms & Conditions of supply/works/service contract.
After creation of tender a unique Tender Id is automatically generated by the system.
Pre-bid meeting may take place, if required, after publication of Tender which should be spelt out
in NIT. The pre-bid meeting shall be held on the scheduled date & time, if specified in the NIT.
The purpose of the pre-bid meeting is to clarify the issues and to answer the questions on any
matter that may be raised at that stage. Non-attendance at the pre-bid meeting will not be a cause
for disqualification of bidder and it shall be presumed that the bidder does not require any
clarification.
The bid submission will start within 3 days from the day of e-publication of NIT and will closed
immediately after 3 days from the closing of downloading provided there is no pre-bid conference.
However, in case of pre-bid conference, a reasonable time (say 3-10 days for domestic tender and
30 days for global tender) is to be given to all the bidders to submit their offers depending upon the
outcome of pre-bid meeting.
The Tender can be downloaded by any prospective bidder from the website free of cost and
cost of tender documents to be submitted at the time of bid submission.
i. If the withdrawal is on-line within the deadline of bid submission, the EMD will be refunded.
The participating bidders may view the opening of the Techno Commercial bids remotely on-line.
After opening of the techno-commercial bid, the acceptance of cost of tender document and
EMD by Tender Committee will be entered on-line by the Bid Opener of MM/Purchase
department (Evaluator of Tender). Evaluation sheets generated by the system on-line shall be
downloaded during opening of Part-I and shall be placed before the Tender Committee for
validation. The Tender Committee will validate the on-line evaluation of Techno Commercial bid
based on the information furnished by bidder on-line after seeking clarification if necessary on QR
/ Techno- commercial information as the case may be. The revised system generated evaluation
sheets shall be authenticated by Tender Committee and shall be kept in the file. The brief Tender
Committee Recommendation based on the revised on-line evaluation will be made for opening of
Price bid of eligible bidders. The Part I - TCR will require approval of the inviting authority of the
tender. The summary of techno- commercial evaluation (Part-I - TCR) with the names of eligible
bidders and the brief reasons for disqualification of unsuccessful bidders (if any) alongwith the
date of Price- bid opening will be uploaded by the TIA. Date of Price-bid opening shall be kept
minimum one day after the date of uploading of the summary of technical evaluation. All the
bidders will get this information on their personalized dash-board and also by system generated e-
mail or TIA may also intimate in other documentary mode.
The Price bid of the successful bidders (qualified in Techno commercial bid will be decrypted and
opened on the scheduled date and after the pre-scheduled time by the Bid Openers with their
Digital Signature Certificates. The Bidders may view the price bid opening online remotely. The
Price bids and system generated Comparative Statement will be downloaded and will be signed
by the Tender Committee. This will be kept in the TCR file.
The EMD of unsuccessful bidders will be refunded through e-Payment, immediately after
finalization of tender. The provision should be kept in the NIT that “the bidders should submit
MANDATE FORM for e-Payment along with EMD, if not submitted earlier, as per the format
given in the bid document”.
After opening of Price-bid the Comparative Statement of Prices indicating the rates quoted by all
the bidders and selection of L-1 ( depend on evaluation procedure stipulated in NIT) rank will be
generated by the system which will be visible to all the participating bidders on-line.
It will be the bidder’s responsibility to check the status of their Bid online at least once daily, after
the opening of Techno-commercial bid till opening of the Price-bid. No separate communication
will be made to the bidder in this regard and this will be specifically mentioned in the NIT.
The system will preserve the details of Techno Commercial bid and Price bid in the archives for
auditing purposes and the same can be accessed with special authorization.
The Tender Committee will recommend for issue of Purchase Order to the successful bidder/s
after evaluating their technical eligibility based on the computer generated evaluation sheets
followed by verification of the documents submitted by L-1 bidder/s in support of the information
furnished by them on line and after evaluation of the reasonableness of L-1 rates. The
reasonableness of rates will be evaluated as per the provisions of Works & Purchase Manual of
W& P Manual – 2012 Page 22
DVC and other guidelines issued from time to time. The approval for issue of Purchase Order to
The following point may be considered for assessing the financial capacity of a bidder based on
their audited accounts in QR for turn-key project tenders (involving supply, erection and
commissioning of equipment) having estimated value above Rs. 5 crores.
Average annual turnover is to be determined taking into consideration turnover of best 3 financial
years out of last 5 financial years. Other income shall not be considered for arriving at annual
turnover.
W& P Manual – 2012 Page 28
Minimum average annual turnover (MAT) for the best 3 years out of last 5 financial years
= 1.5 x Cost Estimate
Completion period in year
In other cases, average annual financial turnover during last three financial years should be at least
30% of the estimated cost as financial QR.
Note- Completion period less than one year to be considered as one year.
In case where audited results for the preceding financial year are not available, certification of
financial statements from a practicing Chartered Accountant shall also be considered acceptable.
Other Physical parameter to be considered:-
II) Technical capability:-
For procurement & EPC: As set by QR committee based on orders executed in past and
experience alongwith past performance on similar contract for a minimum period of 2(Two) years
thereof. One year performance may be considered for new technology.
For works up to Departmental estimate (DE) of Rs.25 Lacs: To be decided by
TAA. For works with DE above Rs.25 Lacs up to Rs.50 Lacs:
Experience of having completed similar works during last 7 years ending last day of month
previous to the one in which offers are invited shall be either of the following:
(a) Three similar completed works each costing not less than the amount equal to 30% of the
estimated cost.
or
(b) Two similar completed works each costing not less than the amount equal to 40% of the
estimated cost.
or
(c) One similar completed work costing not less than the amount equal to 70% of the estimated
cost.
For works with DE above Rs.50 Lacs:
Experience of having completed similar works during last 7 years ending last day of month
previous to the one in which offers are invited should be either of the following:
(a) Three similar completed works each costing not less than the amount equal to 40% of the
estimated cost.
or
(b) Two similar completed works each costing not less than the amount equal to 50% of the
estimated cost.
or
(c) One similar completed work costing not less than the amount equal to 80% of the estimated
cost.
Any explanation /elaboration added to qualify similar nature of work shall not be supplant but
supplement the same.
To maintain equity, consistency and better transparency in the tendering process for the services/
works / procurement which are common for individual projects, a QR committee at HQ level to
be formed.
However, QR as mentioned above is an illustrative one and may not be suitable for all
AMC/Works/Services/ procurement. Tender accepting authority (TAA) is authorised to
approve to meet his requirements for case-to-case basis so that adequate bidding response is
achieved.
QR should be carefully formulated so that capable contractors are not restricted from participation
in the tender. However, a tolerance limit (say 5%) on the quantum of QR may be provided to take
care of marginal shortfall and this shall be mentioned in NIT.
11. FORMATION OF QR COMMITTEE:
In order to finalise the QR of prospective bidders, a QR committee at appropriate level has to be
formed at Projects/Stations/Field depending on the estimated cost (without taxes, duties and
freight) as follows:
M-7/
Head of M-7/
5. Director M-7/M-8 M-7/above M-8/above above
Section/M-6 Above
M-7
M-7/
M-7/ Head of
6. Member(T) M-7 M-7 Director Above
above Section/M-6
M-7
M-7/
M- Head of
7. Chairman Director M-7 Member(T) Above
7/above Section/M-6
M-7
M-7/
Head of Member
8. Board Director M-7 Chairman Above
Section/M-6 (T)/(F)/(S)
M-7
NOTES:-
1. The members of QR Committee at appropriate level shall consist of one
representative each from Indenting, Procurement / Contracts Deptt. and
Finance/Accounts Deptt.
2. Where requisite level of officers is not available, in that case higher level
officers will be nominated in the committee.
The Committee will consider various other factors, like Indenting Officer’s comments
on QR in respect of the particular Indent, if any, guidelines issued by Corporation/CVC
from time to time. Availability of testing facilities and availability of statutory
documents like company/society registration certificate, STRC/VAT Registration
Certificate, financial documents as stated above. QR Committee should also endorse
the estimated cost as submitted by the indenter and the NIT document.
The Qualifying Requirement of bidders intending to take part for any contract for works related
to
Civil/Mechanical/Electrical through tendering may be considered as detailed
below:
The QR should be decided before the NIT is issued for advertisement. Once the QR is fixed and
advertised, it cannot be altered / relaxed. However, in case of poor response, against
stipulated QR, the same may be reviewed and revised by the QR committee at appropriate level
for the purpose of re-tendering with the objective of getting better response and to maintain
transparency.
The QR committee will be recommending body and QR as recommended by the Committee
has to be approved by the tender accepting authority before floating of enquiry. If TAA is Board
or Chairman, approval of concerned member shall be obtained.
12.TENDER METHODOLOGY:-
Identification of qualified bidders can be done through following methodology
:
i) Pre-qualification methodology
(EOI). ii) Post-qualification
methodology.
i) Pre-qualification methodology (EOI):
Expression of Interest (EOI) may be resorted to in case of packages for specialized, expensive or
technically complex contract, where details scope of work, appropriate financial involvement,
modality and execution period to be required cannot be finalized due to lack of internal
expertisation.
EOI will be issued to prepare a panel of Agency who are capable to accomplish the desired
work
EOI to be invited through press advertisement.
EOI may be issued covering of following
areas:-
W& P Manual – 2012 Page 32
1. Nature of work to be executed with specifying the objective of work.
2. Desired timeframe which may be allowed to complete the work.
3. Expected investment, if any.
4. Evaluation process for short listing of vendors.
5. Other information which may affect the schedule of work during execution, if
any.
Interested bidders should offer their views on methodology with available latest technical data
for execution of such work along with the following documents:
1. Experience and performance certificate within the last 7 yrs. for similar work. In case, subject
work falls within an area of rapid changes in technology, experience and performance
certificate of similar works within the 2 yrs., if decided by TAA.
2. Available manpower with the Agency to execute such
work.
3. Last 3 yrs. Audited Annual
Accounts.
Based on the technical discussion with the expected bidders individually or jointly, the
scope and specification of work to be finalized and qualified bidders to be short listed based on
the evaluation process already notified in EOI and based on the available financial documents by
an appropriate QR committee based on the expected investment decision. However, considering
the technical complexity of work, TAA may include any outside expert on the subject area in the
QR committee.
In such case, NIT will be issued to short listed bidders only but will be considered as open
tender so far DFP is concerned.
Also for participation against EOI, the bidder shall not be required to furnish EMD/Bid security,
but EMD/Bid security in appropriate form to be asked at the time of issuance of NIT.
ii)Post-qualification methodology:
In case of Post Qualification Methodology, as detailed in previous paras, the QR for bidders for a
specific package shall be brought out explicitly in the bidding documents and may also be
spelt out clearly in the NIT published in Website.
The intending bidders must furnish the information in support of fulfilment of qualifying
requirement, as fixed for the tender along with their offer, failing which their offer will not be
considered. This is also to be clearly spelt out in the bid documents of NIT. In case of
essential requirement, clarification on the information already submitted by the bidder only
sought for but no
W& P Manual new information / document will be entertained. TC may ask to submit
– 2012 Pagefurther
33
clarification for determining of the compliancy of the bidder with the approval of TIA within a
specified period. Noncompliance of the same from the bidders’ side, bid may be considered as
nonresponsive.
13. SELECTION OF BIDDING PROCESS:
a) Single Stage Bidding :- The single Stage Bidding , in general, to be adopted for all types
of tendering and may be done in the following way:
i. Single Stage Bidding with 4 envelopes. ii. Single Stage Bidding with 3 envelopes. iii.
Single Stage Bidding with 2 envelopes. iv. Single Stage Bidding with 1 envelope.
g) Pre-bid conference: A pre-bid conference, for clarifying the queries that prospective bidders
may like to seek in regard to the provisions of bidding documents and other details shall
normally be held within 7(seven) days of sale closing of tender documents. The firms who
have purchased the bidding documents may attend the conference. Queries raised by various
firms shall be discussed in the Pre-Bid Conference/Clarification Meeting attended by the
representatives of the firms and the TC Committee. Pre-bid meeting/conference will be attended
by the TC or his authorized representative. Reply of the same to be sent with the approval of TC.
On conclusion of the meeting, TC Committee shall draw a minute immediately thereafter, in
line with the discussions held during the meeting, clarifications to the written queries received
from bidders, either prior to or during the conference, shall be prepared, along with the
amendments, if any, to the bidding documents, by the TC Committee and same to be placed
before TIA for approval. However, TIA approval for techno-commercial acceptance of bid, pre-
bid conference report is not required where the same is recommended by higher level committee
i.e. above the level of TIA or TIA is one of the member of recommending authority. But TIA may
take initiative for further action.
The same may be incorporated in the bidding documents within three days(within 7 days
for EPC contract) of Pre-bid conference after approval of Tender Inviting Authority. The
approvals, as above, shall be expeditiously processed so as to ensure issuance of clarifications
/ amendments to all the firms who have purchased the bidding documents, at the earliest.
The clarification to the bidders along with amendment, if any on conclusion of pre-bid
conference to be issued to all the participating bidders after approval of tender inviting
authority.
However, any modifications of basic technical speciation of the Bidding Documents
which may become necessary as a result of the pre-bid conference shall be made by the
owner exclusively through an amended NIT in website only and not through the record
notes of the pre-bid conference within 3(within 7days for EPC contract) days of pre-bid
W& P Manual – 2012 Page 36
meeting with suitable extension of tender sale period and tender submission period.
Thereafter, a reasonable time (say 3-10 days) is to be given to all the bidders to submit their
offers.
Pre-bid conference is found to be helpful in clarifying / addressing various queries /
confusion of bidders which facilitates quick disposal of tender at the evaluation stage. To
obviate the possibility of cartel formation (in case no. of bidders less than three), pre-bid
discussion may also be held with bidders individually, preferably in a conference call mode.
The three members Tender opening Committee shall be constituted prior to opening of
bids.
h) Receipt and Opening of Single Stage Bids:- In the single Stage Bidding, the bidders shall
be required to submit their techno-commercial proposals with prices and EMD/Bid Security/Bid
Guarantee, along with QR data. Bids so received shall be opened on the bid opening date in
presence of the representatives of the bidders who choose to attend the bid opening. Any late
bid shall not be entertained by the system.
i) Evaluation Process:- Each of the bids shall be examined by the tender committee
at appropriate level for following aspects such as:
(a) Qualifying Requirements, (b) Bill of Quantities, (c) Capacity and Capability, (d)
Assignment of Contract, (e) Compliance to technical requirements and (f) other Technical and
Commercial aspects/deviations.
On the pre-scheduled date and time of tender opening, the received Techno Commercial
bids)
will be opened by the Tender opening
committee.
For evaluation of Techno Commercial bids, all the required parameters will be obtained from the
Bidders in an objective and structured manner. Bidders will not be required to upload
scanned copy of any document or to submit hard copy of any document for the evaluation
process except the EMD, cost of tender documents, scanned copy of Letter of Bid, document in
support of exemption of EMD (if applicable) and Excel sheet for Technical Evaluation. The
information furnished by the bidders off-line/ on-line along with on-line undertaking with
Digital Signature
Certificate in support of the authenticity of the facts, figures, information and documents
furnished by them will be accepted for the evaluation of the bids.
All the Commercial terms and conditions of contract like Delivery Schedule, Payment
Terms, Price Fall Clause, Liquidated Damage Clause, Basis of Pricing (FOR/FOB Terms), Risk
Purchase Clause, Guarantee/Warranty Conditions, Performance Guarantee Clause, Inspection
Clause etc. will be specifically mentioned in the NIT. The bidder has to accept those terms and
conditions unconditionally in order to participate in the tender otherwise cost of deviation to be
mention in specified Form except essential clauses as stipulated in NIT.
The bidders will furnish their values against each specification in Technical Parameter Sheet and
will submit/ upload the same Excel sheet/ file during submission of bid. Based on the evaluation
criteria indicated in the Technical Parameter Excel Sheet, the technical evaluation of the bid
will be done by the system with least human intervention and the compliance report will be
W& P Manual – 2012 Page 37
displayed to the bidders on-line and in case of of-line dealing officer will prepare the summary
sheet based on the excel sheet submitted by the bidder and same to be placed before TC for
evaluation.
In case of on-line, the Technical evaluation of Tenders will be done on-line by the software as per
respective Evaluation Criteria specified in the Technical Evaluation Excel File specially designed
for obtaining specific information from the bidders and evaluating the same in a
transparent manner so that Bidders will be able to know, whether they comply to the Technical
specification parameters of the NIT.
In case of techno commercial compliance bid based on the information submitted by the bidder
is three or less than three, verification of documents of all the bidders will be done before
opening the price bid of techno-commercially acceptable offer.
The Tender Committee will validate the on-line evaluation of Techno Commercial bid/offline
evaluation based on the information furnished by bidder on-line/off-line.
The system generated evaluation sheets/ off-line evaluation sheet shall be authenticated
by
Tender Committee and shall be kept in the
file.
The first step in examination of bids shall be to ascertain whether the bidders, who have
submitted a substantially responsive bid, generally meet the Qualifying Requirements. The
Tender Committee shall examine all the relevant information in respect of QR of all the
bidders and identify the clarifications or additional data, if any, which may be required from a
bidder(s) so as to ascertain the bidder(s) QR compliance status. Approval of TIA is required for
seeking techno-commercial clarifications and additional data from participating bidders in
respect of QR and bringing out the following details:
(i) Bidders who are observed to generally meet the qualifying requirements and with whom
DVC can proceed ahead to hold the Clarifications Meetings on different aspects of their 1st
Stage Bids.
(ii) Bidders who are not found to meet QR.
(iii)Bidders, from whom clarifications and additional data are required, so as to ascertain their
QR compliance status.
Bids from those bidders who are not found to meet the QR shall not be considered
further.
Further clarification and additional data shall be sought from the bidders identified under
(iii) above and shall be allowed specific time period as deemed reasonable by the Tender
Committee to submit the same. If a bidder fails to furnish the required details within the aforesaid
period, it shall be deemed that he has nothing more to supplement the data already furnished in
his bid.
CEs/Sr. CEs are hereby delegated the Power for approval of deviation from NIT Clauses (other
than SD/LD Clauses) like Warranty / Guarantee, Terms of Payment etc. in respect of SINGLE
TENDER ENQUIRY on OEM/OES/PAC/ single source basis after recording justification for the
same.
k) Splitting of order between two or more Vendors :-
In case of Coal Importation, Transportation and the requisitioned item (s) is/are critical inputs for
operation and maintenance of plants, it may become essential to operate parallel contract (s) to
safeguard against chances of one vendor failing to execute. The same may apply when material
/work/ service is urgently required and single vendor cannot execute entire quantity in time. Under
these circumstances need may be felt to split requisitioned quantity between two or more vendors and
operate parallel contracts subject to the approval of TAA with recording the justification. Following
procedure shall be adopted:
(a) No splitting after opening the bids shall be allowed. Such decision need to be taken at the time of
floating the tenders and a provision in line with following, must be made in the Notice for Inviting
Tender (NIT)
Tendered material(s) are one of the critical inputs for smooth operation and maintenance of
power plants and DVC may enter into parallel contracts with one or more vendors
(b) While splitting the requisitioned quantity between two or more vendors, the original evaluated L1
vendor shall always be in advantageous position i.e. quantity between L1and L2 vendors may be
divided in ratio of minimum 60:40 and so depending on capacity of the firm in the industries, time
frame of volume requirement etc.
(c) At first, the evaluated L2 vendor is t o b e approached or called for negotiation to match
their rates withL1 evaluated price, which may sometimes warrant the matching terms and
conditions also. After obtaining the favorable consent from evaluated L2 vendor, order may be
split in ratio as per NIT.
In the event of L2 bidders not agreeing to match L1 rates, possibilities shall be explored with L3,
L4 and so on as the case may be in seriatim in an attempt to finalise the tender.
In case o f n o b i d d e r a g r e e s t o m a t c h t h e L 1 o f f e r r a t e , p l a c e m e n t o f
total order or retender for balance quantity to be decided by TAA on
case to case basis.
However, the mode of tendering will be selected considering the following in general:
a. The total estimated cost of Purchase/ estimated value of works/services to be made. b.
Type of materials (proprietary or otherwise)
c. No. of proven sources known and available. d.
Urgency of requirement.
Depending on the above, followings are the mode of tendering which can be adopted for the
purpose of procurement / works contract / service contract:
a) Open Tendering:-
i) Through abridged press advertisement and hosting in DVC website.
Attention of all manufacturer or their authorised agents/distributor of a particular equipment/material
and capable vendors to undertake a particular work/services will be drawn to the requirements of
DVC and allowed to quote. Display of NIT/Enquiry in the Notice Board does not mean open
tendering. Open tendering means NIT/Enquiry has been given wide publicity and efforts are made to
reach the bulk of the potential vendors. For this purpose, short advertisements in ITJ and in three
leading Newspapers, out of which at least one Newspaper must be in a local vernacular of users
unit/project. For example, if items are to be procured for Bokaro Thermal Power Station, short
advertisement shall be published in ITJ and in any leading newspaper of Jharkhand published in
Hindi, in one leading Newspaper from Kolkata and the other one in English Newspaper
published simultaneously from metro cities like DELHI / KOLKATA / MUMBAI etc. For purpose of
open tendering, apart from publishing the NIT in short form in ITJ, Newspapers, detailed NIT
including the bid documents are to be published in DVC’s website (www.dvc.gov.in) so that the
same can be downloaded by the intending tenderer. However, hoisting of engineering
documents, as part of bid documents in Website should also be considered, if technically
possible.
The open tendering through press advertisement, in general, is to be resorted to for high value
W& P Manual – 2012 Page 42
purchases/Turnkey Projects/Works/Services, having estimated value in excess of Rs.25 lakhs.
However, open tendering may also be resorted to for critical items/works having estimated cost of
procurement less than Rs.25 lakhs for which no source of procurement/vendor base is available.
However, overall economy in press advertisement should also be taken care of and generally to be
restricted to 5% of estimated cost. Prior approval of Tender Inviting Authority in this regard is to be
obtained.
Qualifying requirements should be specified in the web advertisement in details so that only
genuine and reliable parties are able to quote.
The copies of the advertisements published in the available Newspapers should be kept in the relevant
file along with recording the dates and names of other publication selected for Tender notice.
ii) For Works / services having estimated value below Rs.25 Lacs, the following may also be
reckoned as Open Tendering when delegation of power is concerned:
Tendering has been made amongst all the approved list of vendors (at least four vendors in ALS),
who are considered capable by TIA to undertake tendered works/services subject to condition that the
said approved list of vendors has been prepared in most transparent manner by press advertisement.
The methodology described under ‘vendor registration’ of this manual may also be used for such
purpose. Such vendors’ list will be considered valid maximum for a period of 03 years from the
date of enlistment. Working vendors’ performance/ rating should also be carried out on yearly
basis.
b) Limited Tendering: -
i) Limited tenders shall be issued having estimated value of Rs.25 lakhs and below, from not less
than ordinarily from 4 parties from amongst the list of approved vendors / vendor with proven
credential / Manufacturer / authorised agents or distributor / owner / proprietor of the firms
having proven performance in the past through online method having value Rs.2 lacs & above
and for off-line tender shall be issued under Certificate of Posting / Speed Post / Regd. Post /
Courier for purchase/works/services Vendor list for LTE is to be approved by Tender Inviting
Authority before floating NIT.
All the parties to whom LTE are floated should categorically send their regret in case of non-
participation in the tender otherwise they may not be considered in future for similar item and same
is to be clearly mentioned in the enquiry.
ii) Where there is no approved vendor list / poor vendor list, the following stipulations may be
followed as per discretion of TIA :
a) For small works/procurements/contracts having estimated value up to Rs.2 Lacs, tender/enquiry
may be circulated in internal notice board and by displaying in various DVC
establishments. The same is to be reckoned as LTE for the purpose of delegation.
b) Tender / enquiry having estimated cost above Rs.2 Lacs and up to Rs.25 Lacs shall be
hoisted in DVC Website with QR apart from circulation and display in various DVC
W& P Manual – 2012 Page 43
establishments including direct mailing of NIT to the proven vendors of past and this will be
considered as LTE for the purpose of delegation.
However, for the items of special nature with technical intricacies or for any other reason the
Plant Chief/CE/HOD may decide on the number of bidders to whom LTE will be issued and in
such cases enquiry sent to more than one vendor will qualify as LTE.
iii) Limited tender can also be resorted to for estimated values exceeding Rs. 25 Lacs when the
requirement is of special nature with technical intricacies and can be performed by selected
vendors only, or when time does not permit for open tendering. In both the cases reasons for such
action should be recorded in writing and prior approval from TIA is to be obtained. The cases of
acceptance of single response to the limited tenders will be treated as per delegation of financial
power.
Single acceptable bid against open tender/ limited tender to be retendered with modified QR in
case of open tender / hoisted at web site with QR in case of limited tender except urgencies
certified by the TIA and to be treated as single tender on ground of urgency if there is no specific
delegation. However in case of single acceptable bid against open / limited tender with modified QR
shall be treated as open tender/ limited tender as the case may be.
c) Single Tendering:-
Single Tendering shall be done by inviting offers from single source/vendor, which may be the
OES/OEM/PSU, or on the basis of proprietary article certificate or on the basis of source
standardisation or on the ground of urgency/ emergency. In case of proprietary
items/OEM/OES/Standard Source Basis, certificate to that effect will have to be issued by the
indenter at the appropriate levels in each case. Source standardisation will normally be for a
limited period not exceeding three years and have to be approved by Station Chief/Sr. C.E. /
HOD. The proposal for single tender enquiry on the ground of urgency /emergency should be
approved by tender accepting authority as per delegation. All projects shall send their source
standardisation list to other projects for their reference documents and a copy of the same shall
also be forwarded to Chief Materials Manager.
In case of multi source standardisation based on open advertisement, the same will be treated at par
with open tender for the purpose of delegation of power. If the multi-source standardisation is done
on the basis of vendor list/ALS, the same will be treated at par with limited tender for the purpose of
Delegation of Power.
The materials which are to be procured on single tender propriety basis, the vendor must submit a
Proprietary Article Certificate (PAC) and Price Reasonability Certificate (PRC) stating that the prices
charged are reasonable and the same as being charged to all the Govt. / semi Govt.
Organizations / PSUs including D.G.S. & D. wherever applicable and shall be submitted along
with the offer with documentary evidence. Where agency commission is involved, the same in
percentage invariably be indicated and in such cases appropriate document/agreement required to be
furnished.
1. For the efficient operation and maintenance of power plant, timely availability of quality
materials at reasonable price is very important. Failure of small items of MRO
(Maintenance, Repair and Operating Supplies) may prove very costly and result in spoiling our
very high value equipment, increasing cost of maintenance and sometime even effecting
power generation. For example, in the area of plant consumable, for almost every item quite a
number cheap products have been developed and being marketed by various suppliers. Many
of them have failed to provide reliable and consistently good services. We being in power
sector cannot afford pre-mature failures. It is therefore imperative for us to look for quality
materials amongst available brands/ manufacturers. Standardization helps us to select
reasonably and consistently good quality materials from the various alternatives available in the
market.
2. As and when user departments feel the necessity of standardizing sources/ makes of certain
items due to difficulties in getting requisite quality materials, they shall initiate proposal for
standardization of source (s) of supply of those items. The proposal shall indicate in details as
to why source/ make standardization of proposed items is necessary. Such proposal needs
to be approved by Chief Engineer/ Head of Unit.
3. After approval of competent authority to consider source standardization of certain
proposed items, the first step in this direction would be constitution of committee
comprising member from User Department, Materials, Finance, Quality Assurance who
shall be at Minimum level of E-5. Nomination shall be made by Head of respective
department and approved by Chief Engineer/ Head of Unit. Member from Materials
Department shall be the coordinator.
4. Standardization of different categories of items shall be done on the basis of past experience/
data available with regard to performance of products of different reputed manufacturers. If felt
necessary committee may consult other power station/ obtain feedback in this regard. Data may
also be collected from other reputed power organizations like NTPC, NHPC, PGCIL, BHEL,
GAIL, ONGC etc. The data available from the past open tender (NIT) may also be utilized.
5. If necessary sources under consideration, who are renowned manufacturers, may be asked to
provide samples or extend the facilities of deputing their Application Engineer alongwith
samples for trial/ discussions with committee members.
W& P Manual – 2012 Page 45
6 . In the process of standardization of sources, if required, committee may recommend for
assessment of suppliers works for technical capabilities, process of quality assurance and
availability of testing facilities, managerial competence, financial strength, turn over etc. In
order to carry out this assessment committee may visit the suppliers works.
7. As far as possible, committee shall look for multi- source standardization. However, in
exceptional cases, s i n g l e s o u r c e s t a n d a r d i z a t i o n may a l s o b e
r e c o m m e n d e d . After assessment of potential sources for standardization, committee shall
prepare the final recommendations which shall be approved by Chief Engineer/ Head of unit.
8. Standardization of sources shall be valid for a maximum period of THREE YEARS and be
reviewed in such a manner that by the time its validity expires, new standardization, based
upon the experience ranging three years period, is duly approved and in place, so as to
ensure smooth procurement.
9. Issue of tender enquiry to all the sources, in case of multi-source standardization, it shall be
treated at par with open tender for the purpose of Delegation of Power.
1 0 . A copy of approval of source standardization for various items must be sent to other
power stations of DVC for their reference or similar action.
11. Similarly, when details of standardization of items are received from other power station, those
shall be brought to the notice of user department and may consider similar standardization at
the station. This shall provide support to the efforts for source standardization for maximum
items.
12. Some items at power station which can be considered for source standardization : Welding
Electrodes, Packing (both Metallic and Non-Metallic), Fastens, Hand Tools, Cutting Tools and
Abrasives, Surface Coating Materials (Paints etc), Bearings &Accessories, V Belts, Lab.
Chemicals, Stationery items, Office Furniture, Guest House Furniture, Switches, Plug Tops
and Misc. similar materials, lamps, florescent Tubes, Fuses etc. This list is only
exemplary and not exhaustive and many more items can be considered for source
standardization (Source standardization for items like Conveyor Belts, Personal
Computers, Reinforcement steel and structural Steel etc.
1 6 . Integrity pact:
In order to ensure transparency, equity and competitiveness in its procurement and works, DVC has
decided to adopt Integrity Pact. The Integrity Pact (IP) envisages an agreement between the
prospective vendors/bidders and the buyer committing the persons/officials of both the parties, not
to exercise any corrupt influence on any aspect of the contract.
The Integrity Pact shall be applicable for tenders having estimated value (excluding taxes and duties)
of Rs.15 crores and above. Further, in case of tenders having estimated value (excluding taxes and
duties) of Rs.50 crores and above, the Independent External Monitors (IEMs) shall be responsible to
W& P Manual – 2012 Page 46
oversee the implementation of Integrity Pact objectively and maintaining absolute neutrality.
Approval of two IEMs for appointment is under active consideration of CVC and will be declared
shortly.
IMPLEMENTATION OF INTEGRITY PACT:
1. Integrity Pact will be implemented by DVC w. e .f. 1st June, 2012 for Tenders/Contracts value of
Rs.15 crores and above:
2. Following Integrity Pact Clause has been incorporated in the tenders of value Rs.15 crores and
above:
a) “DVC shall be entering into an Integrity Pact with the bidders as per format enclosed vide
Annexure (Z) of the tender document. The proforma has to be returned by the bidder
(alongwith the techno-commercial bid) duly signed by the same signatory who signed the bid, i.e.,
who is duly authorised to sign the bid. Any bid not accompanied by Integrity Pact
proforma duly signed by the bidders’ shall be rejected straightway. All pages of IP to be signed by
the bidders’’ authorised signatory who signs the bid”. In other words, entering into this Pact would
be a preliminary qualification.
b) Instructions regarding submission of Bids:
Bid shall be submitted under 3-envelope tendering, i .e.
A envelope : EMD, Integrity Pact (refer Annexure-IP) and Tender fees if downloaded from
website
B envelope : Techno-Commercial Part
C envelope : Price Part
The format of Integrity Pact is as Annexure (Z) which should form a part of the tender document of
value more than Rs.15 crores.
No Bank Guarantee shall be accepted for EMD amount upto Rs. 50,000/-. However, EMD
exceeding Rs. 50,000/- may be accepted in any of the above forms.
The offer accompanied by B.G. against EMD will only be considered valid on acceptance of the Bank
Guarantee. The offer not accompanied by specified EMD in proper form as defined in the Bid
Document shall not be considered as valid tender for opening provided necessary stipulations are
made in the NIT.
In case it is observed that there is a shortfall in earnest money deposit to the extent of Rs.100/- the
same may be condoned by TIA.
The earnest money would be refunded to the unsuccessful tenderers within 15 days of finalisation of
the tender. Earnest Money will be returned to the successful tenderer after receipt of SDBG as per
terms mentioned in the purchase order. No interest would be paid against the EM deposits.
Earnest Money deposited is liable to be forfeited without any notice or proof of damage to the
Owner, etc.in the following circumstances:-
1) For failure of tenderers to accept the order / LOI / LOA placed within the validity period of
their offer,
2) Any bidder withdraws/varies his offer within the bid validity period before finalisation of the
tender.
3) If the bidder does not accept the arithmetical correction of its bid price.
4) For failure to submit security cum performance BG within 30 days from the last day of the
specified time limit as stipulated in the PO/LOI/LOA.
5) If the acceptance of order is not received within the stipulated period.
6) If the Bidder does not withdraw any deviation listed in Statement of Deviations at the cost of
withdrawal indicated by him,
7) If the Bidder refuse to withdraw, without any cost to the Owner, any deviation not listed in
Statement of Deviations but found elsewhere in the Bid,
8) On providing false or incorrect information in respect of qualifying requirement etc.
9) In case the L1 bidder for any item fails to produce the documents within the specified period of
10 days in case of domestic tenders and 15 days in case of global tenders, or if any of the
information furnished by L1 bidder on-line is found to be false by the Tender Committee
W& P Manual – 2012 Page 49
during verification of documents.
ACCEPTANCE OF BANK GUARANTEE SUBMITTED BY THE BIDDER TOWARDS
EMD/BID SECURITY/BID GUARANTEE:
It has been often experienced that the Bank Guarantee submitted as EMD or Bid Security deviates
from the standard format as provided in the bidding document. While such a Bank Guarantee,
with value and validity different from that prescribed in NIT shall not be accepted. However, it would
not be prudent to reject a Bank Guarantee with changed text but otherwise meeting the
intent and purpose, as well as other important parameters such as value and validity etc. Accordingly,
such cases need to be dealt with as described below.
The Bank Guarantee shall not be accepted and bid shall be rejected, if :
a. The name of the NIT mentioned in the BG is different from the NIT for which bids have
been invited.
b. The firm/proprietor, on whose behalf the bank guarantee has been furnished, is different
from the bidder.
c. The Bank Guarantee is not of the prescribed value.
d. The validity of the Bank Guarantee is less than the stipulated period. However, the shortfall, if
any, up to a period of 7 (seven) days, shall be acceptable. Further, an additional shortfall only
in the following cases shall be acceptable:
i. If the dead line of submission of bids and the date of bid opening has been extended once,
with the period of extension being less than or equal to 15 days, a shortfall up to the period of
extension shall be acceptable.
ii. If the dead line for submission of bids and the date of bid opening has been extended more
than once, with the period of total extension being less than or equal to 15 days, a shortfall up to
the period of total extension shall be acceptable.
Note :- The Bank Guarantee to be prepared on non judicial stamp paper of appropriate value
which vary from state to state and time to time. As such no rate has been prescribed. It has to be
verified from the bank.
If the text of the BG furnished by a bidder is at variance from the given in the bidding documents, the
BG shall not be rejected merely on that ground. It shall be examined by the concerned
Purchase Officer to ascertain whether it meets the required intent and purpose of EMD / bid security.
If the BG is not found acceptable, the bid shall be treated as non-responsive. If the BG is found to
meet the intent and purpose of bid security, despite the variance in text, the concerned Purchase
Officer shall obtain the vetting of the same by the legal cell. Thereafter, Tender Inviting Authority
shall approve it for acceptance. The checklist for acceptance of BG and The formats for BG against
EMD/SD/Advance and extension are given at the end of this manual.
For procurement of vehicle, exclusion of Security Deposit cum Performance Guarantee Clause in NIT
may be considered with the approval of TIA. The custody of the BG. should be with the concerned
Accounts Deptt, who in turn will monitor the same and lodge a conditional claim with the Banker
one month in advance before the expiry of the Bank Guarantee. The Accounts Deptt should also send
a copy to Engineer in charge and C&M Deptt for extension /disposal of the BG. If no response is
W& P Manual – 2012 Page 50
received for extension within the time Schedule, Accounts Deptt. should lodge formal claim against
the BG for recovery of the money.
19. PERMANENT EARNEST MONEY DEPOSIT:
a ) The Tenderer may deposit with the Corporation, permanent EMD of rupees three lakhs only
(Rs. 3,00,000) in the form DD/Pay order/banker cheque Draft in favour of Damodar Valley
Corporation payable at Kolkata in INR or BG for a period of three years constituting the
same sum as security for the compliance with the obligation undertaken in the tenders
involving estimated cost upto Rs.1 crore irrespective no. of tender. No interest shall be payable
on such deposit amount. Tenderer shall be entitled to submit offers and to have them
considered without payment of EMD with each tender separately. An exemption certificate shall
be issued to such vendors and they need to furnish reference of this certificate alongwith tender
document and also superscribe the reference on the envelope so that offers are accepted for
opening.
b) Permanent EMD deposited by vendors/suppliers shall be forfeited in case they
i) Revoke the tender or increase the rates after opening the tender but during the validity period of
their offers
or
ii) Refuse to accept the order/contract issued as per their offer or subsequent mutual
agreements.
iii) Do not execute the orders.
Permanent EMD can be refunded if so desired by vendors, in which case they shall be required to
deposit requisite EMD with each tender.
20. TIME FRAME FOR SUBMISSION OF BIDS FOR DIFFERENT TYPE OF TENDER:
The following time period, has been prescribed for floating tender enquiry. a)
i) Open Tender through Press Advertisement : 4 to 6 weeks
ii) Open Tender amongst vendors : 2 weeks or as decided by TIA
enlisted through Press Advertisement
b) Limited Tender : 2 to 3 weeks
c) Single Tender on OEM/OES/PAC/STANDARD SOURCE BASIS: A minimum period of 2
weeks or a less reasonable period as decided by TIA /Plant Chief. However, if bid received earlier
before due date, the same may be opened with the approval of TIA under intimation to bidder.
d) Single tender on ground of urgency / emergency: A minimum time limit for 7 days instead of
normal time period specified in LT/OT on recording the reason for urgency. However, if bid
received earlier before due date, the same may be opened with the approval of TIA under
intimation to bidder.
W& P Manual – 2012 Page 51
The time frame will be given in the bid document as below:
For Open /Limited Tender:
i) Starting Date of Sale of Tender Documents: ………………………
Any modification of basic technical specification/commercial terms and conditions of the Bidding
Documents as a result of Pre-bid conference in case of Limited Tender Enquiry will be circulated
amongst the bidders through the record note of Pre-bid conference by sending letter, Fax, e -mail.
W& P Manual – 2012 Page 53
23. AMENDMENT OF BIDDING DOCUMENTS :
At any time prior to the deadline for submission of bids, the owner may, for any reason, whether at
its own initiative, or in response to the clarifications requested by the prospective Bidders,
amend the bidding documents except QR after due approval of Tender Inviting Authority.
The amendment will be notified in writing or by telephone/fax/e-mail to all prospective Bidders
that have received the bidding documents and will be binding on them. Bidders are required to
immediately acknowledge receipt of any such amendment, and it will be assumed that the information
contained therein have been taken into account by the Bidder in his bid.
In order to give reasonable time to prospective bidders to take the amendment into account in
preparing their bid, the owner may, at his discretion, extend the deadline for the submission of
bids.
Any addendum/corrigendum/extension, if required, pertaining to Open NIT published through
press advertisement will be hoisted in DVC website only and will not be published in Newspaper
again. Bidders may be requested to visit DVC website regularly for any
addendum/corrigendum/extension till opening of said NITs. This stipulation is to be incorporated in
the original press advertisement for the NIT.
In case of change in technical parameter/ specification/ scope of work, selling and submission
date to be extended.
24. TENDER RECEIPT (except e-tender) :
Tender box should be placed in the office of C&M department/TIA at a central, accessible,
secured location with a clear writing “Tender Box” on the face of the box. The box should be locked
and the keys should be kept with the C&M department or authorised representative of TIA.
Tender opening Committee should be present while opening the tender box. In case of more than one
tender has been floated with different opening dates , the tender opening committee will take out
those tenders which are scheduled to be opened on that date and other bids received in respect of
tenders which are supposed to be closed on subsequent date should be kept in the tender box
and lock it properly.
Tenders in duplicate will be received by the authorised representative of Tender Inviting
Authority upto pre-determined time as mentioned in the tender enquiry on the date of opening.
Tenders received after the scheduled time and date, fixed for the purpose, shall not be considered at
all and also Tender Inviting Authority shall not take any responsibility to accept any tender which
are received late due to postal delay.
When tenders are intended to be submitted to the authorised representative of Tender Inviting
Authority in person, tenders sent by courier/Speed Post will be accepted and acknowledged by the
authorised representative of the Tender Inviting Authority (the names & designation of at least
two officers assigned for this purpose are to be mentioned in the bid document). Delayed tenders
W& P Manual – 2012 Page 54
shall, however, not be acknowledged and accepted.
However in extra ordinary circumstances / poor response, the bid opening date may be extended up to
14 days with approval of TIA. In such circumstances all the bidders will be suitably
communicated about the changed bid opening date.
25. TENDER OPENING:
Opening of e-tender mode has already been discussed above. Off-line procedures are discussed
below:-
Tender will be opened on the due date and time indicated in the NIT. The authorized
representatives of the bidders may remain present during tender opening.
A tender opening register shall be maintained in the respective departments in a printed format
containing information mentioned above including the date of opening, extension of date, if any,
names, designation and signatures of all the persons present during opening. The bidder’s
representatives who are present shall also sign endorsing their attendance.
Each tender to be numbered serially, initialled and the prices along with the important terms and
conditions like earnest money deposit, performance bank guarantee, discount, if any etc. should be
encircled and initialled.
Alterations in tenders, if any, made by the bidders shall be initialled legibly to make it perfectly clear
that such alterations were present on the tenders at the time of opening.
Wherever any erasing or cutting is notified in the tenders, the substituted words should be
encircled and initialled and the fact that such erasing/cutting of the original entry was present on
the tender at the time of opening be also recorded.
After opening of the tender, the tender opening officer/committee should prepare an “On the
Spot, Statement” giving details of the quotations received and other particulars like prices, taxes,
duties and EMD etc. as read out during the opening of the tenders. In case the tenderers / bidders fail
to quote the rates in words or in figures, the omission should be recorded by the Officers opening the
tender and in case the tenderers / bidders failed to write the rates/price in words, the rate in words
must be written and attested by the members of the Tender Opening Committee.
In ‘Two part bid’ where price bids are supposed to be submitted in a separate sealed envelope by the
tenderer, if any price component in full or in part is exposed and found with its techno- commercial
offers, these bid are to be out rightly rejected and will not be considered as the submitted tender is not
as per the terms of NIT.
In case of “Two Part Bid” system, the price bid part of the tender should be kept separately and all
W& P Manual – 2012 Page 55
the envelopes containing the price bids must be signed not only by the members of the tender opening
committee but also by the tenderers’ representatives, present during the opening.
Thereafter, all the envelopes containing the price bids should be put in a bigger envelope and the same
should be sealed, and duly signed by the officers of the tender opening committee and
tenderers’/bidders’ representatives, with name, designation and date.
The Contracts and Materials Deptt. of the Corporation in DVC Towers, Plant /Field Formations shall
form a tender opening committee, comprising of three officers. The representation of Finance
Deptt. will be compulsory in such tender opening committee. In offices where the
representative of Finance Deptt. is not available, the officer of the Accounts Deptt. will be the
member of such Tender Opening Committee till such time an Officer (Group ‘A’) is posted in Finance
Deptt.
The Bid opening date, as notified to the bidders through enquiry should be strictly adhered to.
However, in case of unforeseen circumstances or due to administrative reasons, the bids are not
opened on the due date, the same shall be opened on the next working day at the same time
without any further approval.
Tenders will not be opened on due date if the response is less than three, and in that occasion the
matter will be put up to Tender Inviting Authority / HOD for further decision regarding extension up
to 14 days of bid opening date.
Single tender is also to be opened by TOC.
If there is a discrepancy between the unit price and the total price, which is obtained by
multiplying the unit price and quantity of any item, or between sub-total and the total price, the
unit or sub-total price shall prevail, and the total price shall be corrected. In such circumstances the
W& P Manual – 2012 Page 56
corrected price will prevail irrespective of whatever is written in words.
If there is a discrepancy between words and figures only, the amount in words will prevail. If
there is a mistake in summation, the corrected sum will be considered for all purpose.
If there is a discrepancy between the quantity specified by DVC in the bidding document and that
indicated by the bidder in his bid, the former shall be taken to arrive at the computed price.
In case the unit rate of an item is not quoted but the total price is indicated, the same shall be
taken to arrive at the computed price. The computed price arrived at, as above, shall be
considered for the purpose of award also. If the bidder does not accept the correction of errors, its bid
will be rejected.
(In case the bidder fails to quote any value, ____the bid evaluation will be done on the basis
of highest quoted freight charges by the other bidders.)
+ Insurance : ……..% on (Basic Price + P & F + E.D. + Cess + S.T.) or
any other value against documentary evidence or
actual premium in case of DVC’s Open Policy
(presently it is 0.0112% of basic price).
+ Cost of withdrawal price for declared : As declared by the bidder in annexure-D with
deviation the price bid.
+ Highest quoted price of other bidders, in case the Bidder fails to quote the Mandatory items or
description of item not as per our specification *
+Type test charge/3rd Party Inspection Charge as per our QAP with applicable taxes and duties, if
any *
+ Loss capitalization charges, if any*
+Any Other taxes and duties, such as TOT, Entry Tax, Municipal Tax
etc. as applicable **
= Total Evaluated Price
W& P Manual – 2012 Page 57
In case of independent items, evaluation is to be made item-wise and to be clearly spelt out in
NIT under the evaluation process.
The liability of DVC shall be as per actual ED and E-Cess as applicable at the time of despatch,
subject to production of documentary evidence by the manufacturer (bidder). Further the rate of
ED shall be restricted to as applicable within the contractual delivery period only. Increase in ED rate,
if any due to delay in supply beyond the contractual delivery period shall not be payable by DVC if
the reasons for delay is attributable to the vendor only. However, the benefit of any decreases in ED
shall be passed on to DVC.
Comparative statement will be prepared and scrutinized by 3-member Tender Committee. In case of
complex engineering items where C.S. involves lot of technical aspects, the same may be prepared in
consultation with the Engineering Departments / Indenter.
For tenders with lot of components/items, if any bidder fails to quote against a particular
component/item or when the quoted item description is not as per NIT, the respective bid will be
evaluated by loading the highest quoted price of that particular component/item of other eligible
bidders. However order to be placed on rate negotiation of the subject item with L-1 bidder.
If any bidder offers lesser quantity than the BOQ as stipulated in NIT against a particular
component / item, the respective bid will be evaluated by loading on pro-rata basis.
The lines with * mark may be deleted wherever not applicable.
** = {Rate as on date of bid opening to be taken}. However, any subsequent extra liability over the
quoted amount will be borne by agency except in case of changes any application issued by
govt./statutory body subsequently. The same shall be suitably incorporated in NIT.
While fixing total financial involvement, Tender Committee should also consider and evaluate the
total monetary involvement towards taxes and duties charged by the concerned State Govt. /
Local Statutory Body for entry into the destination state / site viz. (a) Octroi, (b) Entry / Exit Tax, (c)
Additional Toll Tax, (d) Special Toll Tax, (e) Turnover Tax etc. or any other taxes and duties having
the same spirit and purpose. These will be apart from other statutory taxes and duties(ED etc.).
For manufactured items/goods, bidder may be asked to quote their rates in an explicit way i.e.
break up of prices in the form of Ex-works, applicable taxes and duties, F&I Charges are needed,
Applicable taxes and duties, F&I Charges are to be paid against documentary evidence only.
However, for bought-out items, bidder may be asked to quote all-inclusive FOR Destination Price
only.
If a tenderer is exempted from payment of excise duty ED upto any value of supplies, or is
entitled to concessional rate/quantum of ED, and has not stated that no ED will be charged by him
upto the limit of exemption and has not indicated the concessional rate/quantum of ED leviable in
respect of the tendered supplies but has made stipulation like, excise duty presently not
applicable, but the same will be charged, if it becomes leviable latter on, the quoted price should be
loaded with the quantum of excise duty with education cess which is applicable on the item as on the
date of bid opening for the purpose of bid ranking.
In respect of imported stores, when foreign bids are received in different currencies, conversion of
foreign currency into rupees is to be done taking into account T.T selling rate of State Bank of India
on the date of opening of price bid.
W& P Manual – 2012 Page 58
In respect of Works/services contract, applicable service Tax with Education Cess to be loaded for
evaluation of bids, if not specifically mentioned the same in the offer.
Any contracts related to purchase / works/ project package /turnkey project/ services/ AMC/
transportation/R&M etc, having estimated cost in excess of Rs. 100,000/-, to be concluded
through a Tender Committee.
However, while exercising power utilizing DFP (OE), the same to be exercised through Tender
Committee if the estimated cost exceeds Rs. 50,000/-. Cases having estimated value less than the
cut off value as indicated above need not be finalised through TC.
Estimated cost means basic price without loading, taxes, duties, freight etc.
Constitution of QR & TC to be linked with estimated cost without taxes, duties, freight etc.
Any post award modification, in contract clause having financial implication in excess of Rs. 100
lacs to be processed through TC. Excess quantity, extra item and variation shall be dealt as per
DFP and processing through TC is not required.
If the post contract modification involves financial implication less than Rs. 100 lacs, the case to
be processed by the dealing officer and secure approval of award authority as per DFP after
obtaining finance concurrence.
The tender inviting authority in HQ, plant/field formations shall take initiation to form the 3-
member tender committee before opening of tender and approved by respective approving authority
on case to case basis. A three member Tender Committee will be formed as follows.
The said report may assist the decision making process of TC.
Note: Name of the scrutiny committee member may be collected from respective department
over phone by TIA to speedy disposal and same to be regularised through noting before
submission of scrutiny committee report to TC.
3. In case of approving authority being Board/Chairman /Directors/ Member (T) in respect of a
proposal initiated from a project, such proposal is to be initially evaluated by the level of
committee as mention at column-4 at the respective project and to be sent to concerned
Director, HQ along with the recommendation of project/ construction head for further evaluation
by respective level of committee as mention in column 3 at HQ before placing such proposal
for approval.
4. All proposals for approval required at a level higher than Member(Technical) in respect of
cases shall be recommended by Member (Technical) with the c on cu r r e n c e o f Member
(Finance).
5. Where requisite level of officers is not available, in that case higher level officers will be
nominated in the committee.
6. Where requisite level of officers is not available for recommendation of name in TC committee,
TIA may nominate the same.
7. In case of DFP(OE), TC will represent by minimum M-5 and M-4 officers where approving
authority is HOD and HOO respectively.
Representative of C&M deptt will be the nodal agency to put up the proposal for formation of
T.C. The tender Committee will be formed and approved by the respective Approving Authority
prior opening of the tender bids.
31. SCOPE OF WORK OF TC:
Function of TC will commence after opening of tender. The scope of work of TC should be to
scrutinize the tenders received to find out whether these are complete in all respects and binding
W& P Manual – 2012 Page 61
on the tenderers. The committee will also check all the information related to credentials &
techno-commercial as submitted by the bidders as per NIT stipulated. TC also record on the
technical acceptability of the offers and commercial terms to be frozen before opening of the
price bid. After opening of Price Bids (for two part tendering) CS is to be prepared by dealing
officer and placed to TC for their scrutiny and recommendation. The Tender Committee should
b) When considering the offers from authorized agents / distributors, care must be taken to
examine the agency agreement, particularly with regard to:
ii) The agent / distributor have the authority to enter into agreements and to sign contracts for
supply of stores/equipment on behalf of the manufacturers.
c) In case where the manufacturing firm happens to have been banned / suspended by
DVC/nodal Ministry, the offer of the authorised agent/distributor shall not be considered.
Tender committee must ensure before submission of its recommendation to the TAA that
verification of documents/ credential of L-1 bidder is completed in all respect.
All the members of TC should furnish the certificate in the tender evaluation report that none of
them as any personal interest in any of the tenderers who have participated.
A responding firm can quote on firm price basis or variable price basis (but not on both), as
mentioned in NIT and each such offer will be considered accordingly. As far as possible, contract
should be entered on “firm price basis”, while contract on variable prices can be considered on
the merit of each case. As a general principle, no offer involving any uncertain or indefinite
liability or any condition of unusual character should be considered.
Whenever offer on variable price is asked, the standard price variation formula along with the
base date should be clearly spelt out in the NIT documents by TIA.
Negotiated prices also may be examined in a similar way. Justifications while making
recommendation to accept higher prices shall be recorded.
42. LACK OF COMPETITION:
Lack of competition exists if the following factors intervene:
a) The number of acceptable offers is less than three;
b) Ring prices have been quoted by all the tenderers (cartel formation);
c) The product of only one manufacturer has been offered by all the tenderers irrespective of the
number of quotations;
d) Store under purchase is chronically in short supply against which number of acceptable offers
never exceeds two.
In case it is observed that there is lack of competition for a particular tender enquiry, time
extension may be given once with the approval of the TIA. If it is found after the extension, that
there is no improvement of the response, normally the tender may be closed and action may be
taken for re-tendering after due analysis by QR committee, for poor response, and if required may
revisit the qualifying requirement. However TIA may permit opening of the bid in case or
urgency and same to be recorded in file.
43. PURCHASE PROPOSAL COVERAGE:
With the above analysis and evaluation of offer received against the enquiry, the Tender
Committee should give a comprehensive purchase proposal / work order proposal along with the
checklist (placed in the Annexure) for acceptance of TAA. All proposals should begin with
relevant facts and information, which is necessary for arriving at prudent decisions. Efforts should
TENDER EVALUATION BY TC
TAA AWARD OF CONTRACT
(Project)
TC at HQ AWARD OF CONTRACT
51.
AGREEMENT:
On receipt of a turnkey contract / W.O. / LOA / LOI / AMC for any project / works / services
including any civil works of contract value in excess of Rs. 200,000/- ( Two lakhs only), the
concerned vendor must submit contract agreement (Format to be supplied by DVC) in
non- judicial stamp paper of appropriate value duly filled in all respect to the order issuing
W& P Manual – 2012 Page 77
authority for acceptance before commencement of works / Services and claiming advance amount
if any, as per provisions of the contract.
The said agreement (to be submitted in triplicate) will be duly signed by both authorised
representative of DVC and authorised representative of vender. One such copy of agreement, on
acceptance should be invariably be given to respective head of Accounts department of
plant/field
/ Corporate
offices.
In case of exigencies in respect of AMC/Service Contract, Dir/HOD/Plant Chief / CE may grant
relaxation regarding time frame for submission for contract agreement.
52. FOLLOW-UP/EXPEDITING OF ORDERS AND PAYMENT
PROCESS:
The concerned Purchase Executive/consignee concerned shall be responsible for effective
and timely follow up and expediting with the vendor till all the materials are received and
accepted as per Purchase Order and payment is released to the Vendor within 15 working days
from the date of receipt of materials/invoice in regard to procurement of materials (excluding
Project & Works Contract). Similarly, Concerned Engineer-in-charge shall be responsible for
effective and timely follow up and expediting with the vendor till the entire work/services is
completed/ delivered as per terms of W.O. and payment is released to the Vendor/Contractor
within 15 days from the date of submission of bill in regard to works. The award of
P.O./W.O./LOA/LOI is not the end of any
contract process, rather it is the beginning of a long and complex set of operation in an
effective and time bound manner. It calls for sharing the responsibilities by more than one
department in all stages of contract execution. The contract cell executive / consignee /
Engineer-in-Charge concerned shall be responsible for effective and timely follow up and
expediting with the vendor till the contract is executed in full and accepted by Indenter and full
payment is released to the vendor. Concerned contract executive / Engineer-in-Charge shall
also be responsible for settlement of all discrepancies and disputes that may arise in course
of execution and up to the stage of final payment against each contract. The contract shall be
treated as finally closed after receipt and acceptance of goods/services / completion of work
schedule by the Indenter as per terms of contract and payment made to the vendor in full and
final settlement of all other issues, including release of Security Deposit against Performance
Guarantee as per terms of the contract.
In order to monitor the post contract management and to release payment to
vendors within 15(fifteen) working days from the date of receipt of materials/invoice etc. in
regard to procurement of materials (excluding Project & Works Contract) the following
guidelines may please be considered:
Consignees on receipt of PO/LOA/LOI should follow up at appropriate time with
the supplier/vendor regarding the delivery programme / inspection schedule before
the expiry of stipulated schedule as per the contract.
On expiry of the contract, LD Clause will come into effect automatically unless
the contract is amended with revised delivery period. However, in case delivery effected
W& P Manual – 2012 Page 78
beyond the scheduled delivery period, LD to be imposed on the vendor for the portion of
the delay attributable to him only. This is to be ascertained by the Indenting Officer.
Paying authority should not deduct the L.D. amount directly as the reasons for delay
is not fully known to them. On receipt of materials/execution of contracts after expiry of
scheduled delivery period/time of completion as per the contract, the Paying authority
should immediately clear the payment withholding (not deduction) the extent of
L.D. amount as applicable and inform the order issuing authority and indenting officer
Accounts should prepare a monthly report on the overdue Bills / Invoices at the end of
each month due to non-receipt of corresponding SRIN / SRB or any other document
required indicating details thereof and to be submitted to CMM with copies thereof to
Director (Accounts), Member(Secretary/Tech) and Chairman for their information.
However, in order to release payment to the contractor within 15 working days from
the date of submission of bills in regard to works relating to T&D Projects Contract on
E.P.C.
/ Turnkey basis, the following procedure and time frame shall be followed.
Submission of bill in triplicate with all documents as per PO/WO by the Contractor to
the
Site-in-charge. (Zero
date).
The site-in-charge will go through the documents submitted by the Contractor both for
supply and erection as per checklist detailed below and submit the bills after necessary
certification to the Divisional Engineer within 7 (seven) working days.
The Divisional Engineer will check the documents and issue pass order and send
the bills to concerned Accounts office for making payments within 3 (three) working
days.
Concerned Accounts will process the bill and release payment to the Contractor within
5 (five) working days.
CHECK LIST :
A. Supply Payment :
A.1 Advance Payment
:
Unconditional acceptance of
LOA/LOI/PO/WO. Submission and
acceptance of SDBG.
Submission and acceptance of Bank Guarantee of equivalent amount against
the advance payment.
Submission and approval of Bar Chart. A.2
W& P Manual – 2012 Page 80
Payment against dispatch documents:
Evidence of despatch (R/R or receipted
LR).
Detailed invoice and detailed packing list identifying content of each
consignment. Manufacturer’s/contractor’s guarantee certificate of quality.
Test certificate.
Material inspection report and/or despatch clearance
certificate. Insurance policy/certificate.
A.3 Payment against consignment after receipt of material at site
A.3.1 Certificate to be issued by Site-in-charge :
a) Physically verified and materials found to be received in full and good
condition. b) Materials entered in page no… Vol. …. of stock ledger.
A.3.2 CRMI issued with cross-reference of stock
ledger. A.4 Retention money:
Recovery towards LD, if any.
Successful commissioning and taking over certificate.
Certification towards submission of all drawings, manuals, reproducible etc.
A.5 Erection Payment :
The existing procedure of payment through RA bill after entering the work done in
the measurement book (MB) will continue to remain in vogue.
N.B. 1) In case of delayed execution of work, payment against running bill (both supply
and erection) will not be withheld for want of Provisional/formal extension order.
2) EFP compliance certificate will normally be furnished in the succeeding month(s)
and shall not be delayed beyond 6 (six) months.
3) For minor discrepancies, entire payment will not be withheld.
In order to release payment to contractor within 15 (fifteen) days from the date of
submission of bill in regard to work relating to Project Contract on EPC/Turnkey
basis with stage wise payment terms with immediate effect. For adhering to the above
schedule, the following procedure and time frame shall be followed:
Bill for stage payment to be submitted by the contractor in quadruplicate with all
relevant document to Engineer/in/Charge directly.
Engineer-in-Charge on receipt of the bill will forward the same to the concerned site
engineer for necessary verification and certification in respect of completion of the stages of the
work for which the bill has been preferred and also sent one copy to EPF cell for verifications
and certification of EPF declaration submitted by the Contractor (zero date).
W& P Manual – 2012 Page 81
EPF cell with check and certify the EPF declaration within 5(five) working days from the
zero date and return the same to Engineer-in-Charge.
The concerned site Engineer will check and certify on the bill within 7(seven) working
days from the zero date.
On receipt of the verified bill, Engineer-in-Charge shall ensure that the pass order along with
the bill and other relevant documents reaches to Accounts Office within 3(three) working days
for taking payment action by Accounts Department.
Accounts Department shall release payment to the contractor as per terms and conditions
of
Work Order/Contract within 5(five) working days.
In case of advance payment, the contractor shall submit the bill to the Engineer-in-Charge
with all relevant documents as per work order including SDBG and BG of equivalent amount of
advance. The Engineer-in-Charge in turn shall issue necessary payment clearance to Account
Department after acceptance of SDBG and BG against advance within 3(three) working days.
Thereafter, Accounts will release the advance payment within 2(two) working days of receipt of
payment clearance from the Engineer-in-Charge.
In case of delayed execution of work, Accounts Office should pass the bill
withholding admissible Liquidated Damage (LD) amount as per the Work Order/Contract
without waiting for format time extension order except where the extension of time has already
been granted for non-imposition of LD by the Competent Authority. Thereafter, Accounts
Officer should immediately intimate the Engineer-in-Charge for issuance of format extension of
time with/without imposition of LD Clause.
Accounts Department should prepare a monthly report of the overdue bills at the end of
each month due to non-receipt of documents, clarification require indicating details thereof and
to be submitted to concerned Project Head with copies thereof to Member (Finance).
However, the above payment procedure will not be applicable for item rate contract and
the existing system in this regard will continue.
N.B: EPF compliance certificate will normally be furnished in the succeeding month.
However, in no case, the compliance shall be delayed beyond 6(six) months.
53. TOLERANCE IN PURCHASE ORDER
QUANTITY:
The suppliers are expected to deliver exact quantities of material as specified in the Purchase
Order/turnkey contracts. But wherever quantities are in Weights, volumes or in lengths, there may
be cases where the supplier has made supplies in excess or short. If any tolerance has not been
incorporated in the Purchase Order/work order/turnkey contract then ± 5% of the order
value should be considered as the tolerance limit and the Purchase Order/work order/turnkey
contract shall automatically be treated as amended to that extent.
54. PRE-DISPATCH INSPECTION (PDI), RECEIPT OF MATERIAL,
ETC:
PDI Clause for a particular tender/enquiry to be incorporated, if felt necessary, by the indenter.
W& P Manual – 2012 Page 82
Once it is incorporated in the purchase order/contract, it should not be waived in the
normal course by way of amendment. However in case of extreme exigencies, PDI can be
waived by the Chief Engineer on the basis of appropriate justification by the order issuing
Authority.
If a PO/LOI/LOA incorporates PDI, Inspection Engineer will carry out the relevant
tests/inspection as per relevant standard at vendor’s works. After successful testing/inspection,
despatch clearance is to be issued by the Inspecting Engineer as per format incorporated in this
manual. For this purpose, Inspection Engineer may contact his superior over telephone/fax, if
needed for issuance of despatch clearance.
Before proceeding for inspection at vendor’s works, the Inspection Engineer should contact the
vendor with the help of consignee via phone/fax to know the exact number of way
bills/road permit required to despatch the materials. Consignee should hand over the required
number of road permits/way bills to the Inspection Engineer before he leaves for PDI. The
Inspector should hand over the way bills/Road Permits to the vendor along with dispatch
clearance. Responsibility for providing the requisite number of road permits/way bills to the
Inspection Engineer before leaving for inspection lies with the concerned consignee.
Paying Authority should not insist for extension of submitted BG, if needed, due to late receipt of
the materials /delayed completion of works. The same should be taken care of by the
Order Issuing Authority within the validity period of the submitted BG.
Where PDI Clause has not been incorporated in the PO/contract, consignee would send the Road
Permit/ Way Bill as per the written request of the vendor. He would check the mode of
despatch and the Insurance Cover being taken. After receipt of the materials at stores,
consignee will arrange for site inspection by calling the Indenting Officer by sending an arrival
report.
Consignee would send all the relevant documents to the concerned Accounts Office for checking,
verifying and passing of the bills for payments to the vendor. The Accounts Office would see
all the relevant documents and in case of discrepancy found as per Purchase Order/work order
shall seek clarification before releasing the payment. Consignee/ Indenter would also send the
copies of site inspection reports/PDI reports to the purchase order issuing authority.
55. PAYMENT
TERM:
a) General payment
term:-
The normal payment term of DVC for supply order is ‘100% payment with full taxes &
duties will be made within 15 working days of receipt of material at site and inspection &
acceptance thereof’ or within 15 (fifteen) working days of submission of invoice
whichever is later. However, payment terms for POs placed directly on manufacturer may also
be done as below:
90% of the ordered value to be paid against despatch documents through bank subject to
acceptance of SDBG, if applicable. Balance 10% of the ordered value to be paid after receipt of
materials at site and acceptance thereof.
W& P Manual – 2012 Page 83
Provision of part payment against part supply of consignment at consignee’s end may be
incorporated in Purchase order on the merit of the case (only if the part consignment can be used
independently), provided necessary stipulation is made in the bid document.
The payment terms for works/service contract may be regulated as
below:
90% of contract price for works/service contract against RA bills. This also includes initial
advance, if any and remaining 10% after completion of the contract.
b) Payment for Turnkey
contracts:-
The payment terms for supply and erection & commissioning for any Turnkey contracts may be
regulated as follows:
1) Supply portion
only:
70% of the Ex-works price /ordered value of supply (of bough tout items) with full taxes
and duties as applicable after adjustment of advance, if any, will be paid against proof of
despatch (viz. R/R, L/R) , detailed invoice / packing list, warranty certificate, test certificate,
insurance policy / certificate, dispatch clearance. 20%of the Ex-works price / order value of
supply (in case of bought out items) after receipt of the materials and inspection and acceptance
at site. However, for spares, balance 30% shall be paid after receipt of materials and
inspection & acceptance at site.
Remaining 10% after complete erection and commissioning & testing and handing
over.
2) Erection &
Commissioning:
90% of contract price for Erection & commissioning to be made against RA bills. This also
includes initial advance, if any. Remaining 10% after complete erection and commissioning &
testing and handing over.
c) Advance Payment:
-
I) Mobilization
advance:
Advance payment is normally discouraged. In exceptional circumstances, interest-bearing
advance to the extent of 10% of contract price may be given against submission of a BG taken
towards security of the advance should be atleast 110% of advance so as to recovery of not only
principal amount but also interest portion if so required.
The BG wherever applicable should be valid upto the date of completion of works/supply and
acceptance thereof.
W& P Manual – 2012 Page 84
Advance should not be paid in less than two installments except in special circumstances for that
reasons to be recorded.
A clause in the tender enquiry to be incorporated that the interest free advance would be
deemed as interest bearing advance at a Bsae rate of SBI plus 3.5% if the contract is terminated
due to default of the contractor. However rate of interest should be applied for calculation of
interest on the advance amount in reset basis (i.e. not fixed rate of interest, it may go on changing
during the period of advance remain unadjusted) based on the change of base rate time to time.
For materials which are ordered on weights/ volume, the payment should be as per
measurement at DVC’s stores / sites irrespective of the quantity mentioned in the challans /
documents, unless there is explicit provision in the Purchase Order/contracts. If there is 3rd party
inspection, in the above cases, 3rd party inspection charges would be as per Weight/ Volume
received at DVC end. The statutory charges and duties, however, have to be paid on actuals as per
documents received from the vendor.
The contractor/vendor shall furnish the following certificate to the Paying Authority along
with each invoice/bill against payment for supplies made against any supply order/RC with
W& P Manual – 2012 Page 85
longer completion period (more than a year), if the same is placed on firm price basis. ‘I / we
certify that there has been no reduction in the sale price of the stores of description identical to
this item, supplied to any person/organization and such stores have not been offered/sold by
me/us to any person/organization at a price lower than the price charged under this contract up
to the date of this bill.’
56. A. ADOPTION PROCEDURE OF VENDORS FOR PURCHASE OF
MEDICINE:
In State Govt. Departments, DGS&D and Central Govt. Health Service Department, vendors are
registered with the approved rate of supplies following tendering route. In such cases, DVC may
issue order on such vendors at the approved rate, terms and conditions as accepted by the said
department subject to the following:
i) Consent of the vendor is to be
obtained.
ii) The documents related to the vendor including rate as accepted by such State Govt. Deptts. /
DGS&D / CGHS duly authenticated by the competent authority of the respective
department are to be obtained.
iii)A Certificate is required to be furnished by the Indentor that there is no downward trend
in prices since the time of Purchase Order / Work Order placed by the
aforementioned department while sending proposal for placement of order on such approved
vendor at the accepted rate of the department.
The power for approval in respect of above rests with respective MS/M.O. I/C / DHS as the case
may be.
d) On line placement of indent will be made twice in a year and the representative will
be nominated according to the level of committee as stipulated in W&P
Manual,2012
g) Medicines for checking and testing - Medicines supplied by the GMSD are tested
by the Govt.agencies. If there is any adverse report regarding deficiencies of any
medicine, DHS will reserve the right to carry out testing from any independent
agency of repute.
57. ON
IMPORTS:
1.(A) Generally, Enquiry will be issued on single Tender proprietary/(OEM)/ Standard
Source basis provided that the indenter has enclosed a certificate in this regard as per format
along with the indent.
(B) The enquiry should contain the full specification of the materials, other terms
and conditions in details to avoid confusion/litigation afterwards.
(B) The price should be quoted in rupee if the offer is submitted by the Indian Agent of
the foreign supplier/manufacturer.
4. The prices shall be firm and free from all corrections. The price list of OEM of foreign
origin may be downloaded from the net, if it is available. Otherwise Indian agent may be
requested to provide the same, duly signed and stamped.
5. The offer shall be valid for 180 days or as decided by TIA from the date of bid opening.
7. Delivery period shall be firm and clearly indicated in the quotation and there must not be any
ambiguity to facilitate opening of LC for a definite period, which is required under the rule. In
case of urgency early deliveries may be requested.
8. Packing shall be transport worthy to ensure safe delivery considering the nature of goods.
9. Name of foreign advising banker, country of origin, port of shipment/ customs airport/Land
Customs Station (as the case may be) should be indicated in the quotation.
10. It is advised that the importations should preferably be made directly from the
overseas manufacturers. Either the Indian agent on behalf of foreign principal or the foreign
principal himself may take part in the bidding process but not both.
(b) In case Indian agent of the OEM supplier, insist on placing PO on another subagent
for execution of the order, it has to be ensured that the said subagent is authorized by
OEM.
12. Party shall have to furnish ‘proprietary certificate’ in line with existing PAC & PRC format.
13.(a) The Purchase Order should clearly mention about the requirement of documents
incorporating the updated requirements therein such as, BG/Pre-despatch Inspection
Certificate/ country of origin etc. to be furnished by the Exporter to the Foreign Bank for
releasing payment.
(b) It should be clearly mentioned as to who will bear the cost of opening and maintenance of
LC in Indian Bank as well as in the concerned foreign bank to avoid
considered:
100% of FOB price less Indian Agency Commission in Rs, if any, shall be paid against
presentation of shipping documents as called for in the purchase order through irrevocable
LC.
The full Indian Agency Commission, if any in INR, shall be released to the Indian
Agent, within 30 days of receipt and acceptance of materials at the consignees end.
14. The letter of credit shall not allow partial shipments or transhipment normally.
The evaluation/computation of the total value of the offer may be made as per the following.
ANNEXURE-B
PROFORMA
(Procurement of materials on single tender basis without calling tender in case of urgency)
1. Name of materials with specification, Make, etc.
2. Nature of material (Consumable/Normal/Stand by spares)
3. Justification for technical suitability of particular make or specification.
4. Present stock position (including site/floor store)
5. Position of pending order under execution, if any
6. Requirement of materials &expected period of use
7. Urgency justification of materials
8. Frequency of requirement of Materials (on Monthly/Half Yearly/yearly)
9. Justification of selection of Vendor
10. Justification of price Reasonability
11. Details of last Purchase Order Quantity as well as price
12. Observation of Finance
1.0 INTRODUCTION:
D V C, as a whole, believes in quality at all stages of activities. During construction as well as in
operation/maintenance phase of D V C power stations, quite a large number of items are required.
For quality procurement and to get the services of reliable& able vendors, identification of quality
sources is needed. This necessitates enlistment of suppliers /vendors for works &services and
called as “VENDOR REGISTRATION”.
1.1 OBJECTIVE:
The objective of these policy guidelines for vendor registration is to standardize this activity for
the various power stations and other authorities within D V C.
1.2 IDENTIFICATION OF ITEMS AND CLASSIFICATION OF DIFFERENT
WORKS/ SERVICES FOR REGISTRATION :
The identification and categorization of the items/works/services shall be done based on items in
case of supplies and nature of job in case of works and services.
In addition to the reliable and proven sources for supplies and for works& services who have
already been enlisted, the possibilities should be further explored on a continuous basis to identify
efficient vendors in the market. For this purpose the format has been hosted in the DVC website.
However advertising will also be made in the local news papers.
As the application is being done online no registration fee is required.
The parties who have met our NIT requirement against our open tender advertisement for
procurement of specified items or for execution of works& services will be registered as vendor
subject to submission of the registration form along with their credential. In this regard a specific
clause shall be incorporated in all open tender advertisement like “Vendors, who are not
registered with DVC, are requested to submit the vendor registration form along with the bid,
which may be used for registration“.
1.3 SCREENING OF APPLICATION :
Screening of application would be undertaken by a Registration committee based on the
information provided in the prescribed formats. One member each of SE (M-5) level, from
Materials/contracts, User Department & Finance will form the committee. The same will be
nominated and to be approved by Plant Chief/CMM/CE.
The prospective vendors should fill in the format online, and if found qualified, are required to
take print out of the format and submit with all necessary enclosures to the CMM/Head of
Materials of the respective unit for further scrutiny /evaluation. The MM department will issue a
certificate to the vendor if found meeting the criteria after approval of Plant Chief/CMM/CE.
All applications will be grouped on the basis of the following criteria:-
Organisational Information
1. Indian vendors (manufacturers) Quality System
Technical Competence
6) All columns are to be filled up properly in the space provided for. Wherever it is not
applicable, please mention "Not Applicable". The form is to be signed by the authorised
signatory.
7) A separate sheet may be attached if the space provided is insufficient or additional
information is to be given. Please put proper identification tag on the separately attached
sheet.
8) Please ensure that all required enclosures are attached with the filled up Supplier
Registration Form and all enclosures are numbered & list of enclosures is given as required.
9) As multiple copies of the application forms are required for processing at our end, please do
not spiral bound the application forms or its enclosures and instead send them in two hole
clip flat file.
10) Incomplete forms will be rejected.
11) Any information / clarification required by DVC during evaluation must be given
expeditiously.
12) Please note that if you are registered and participate in Tender process and qualify to get
order from DVC, your performance based on Quality of your product, delivery
performance and service rendered will be evaluated.
ORGANISATIONAL INFORMATION
3.0 OWNERSHIP INFORMATION: DOCUMENTS TO BE
FURNISHED
3.1 GOVT. OF INDIA UNDERTAKING: MEMORANDUM AND
OR
STATE GOVT. UNDERTAKING ARTICLES OF
OR ASSOCIATION
LIMITED COMPANY,
OR
PRIVATE COMPANY
ORGANISATIONAL INFORMATION
WITH TAG
* 7.2 IF IN-HOUSE MFG FACILITIES NOT AVAILABLE, INFORM SOURCE OF
MFG. DETAILS ALONGWITH THEIR FACILITIES & EXPERIENCE
Note:
In case of outsourcing of major testing such as NDT, Electrical & Mechanical Testing, no
marks will be awarded. However, material composition testing by chemical method from
recognized laboratory shall not attract negative marking.
INVESTMENT IN:
Land & Building
9.4 Plant & Machinery
Other Fixed Assets
1. NET CURRENT ASSETS
a) Cash in hand
b) Account receivable
c) Inventories
Total
9.5
2. CURRENT LIABILITY
a) Sundry creditors
b) Interest accrued but not due
c) Other liabilities
Total
* QUICK RATIO
CA - INVENT. {9.5(1 )-9.5(1 )c}
Current liability {9.5 (2)}
9.6 SALES
NOTE: 1. Copies of annual accounts (Balance Sheet) for the last four years (or
from date of Incorporation whichever is less) along with audit report are to
be submitted. The above details shall be highlighted in the Balance Sheet.
2. Status of Tax assessments done under various laws (Income Tax,
VAT/Sales Tax, Excise & Service Tax, Custom) and details of disputes
pending, if any, with these authorities to be submitted.
ORGANSATIONAL INFORMATION
10. LIST OF ENCLOSURES (Tags to be put on enclosures) :
(ix) Balance Sheet for the last four years along with audit Report : YES /NO
I /WE GIVE THE UNDERTAKING THAT DVC DRAWINGS & SPECIFICATIONs SHALL
NOT BE USED IN ANY WAY DETRIMENTAL TO THE INTEREST OF DVC AND/ OR FOR
SUPPLY OF ANY MATERIAL, PRODUCT OR SERVICES DIRECTLY OR INDIRECTLY
TO ANY OTHER CUSTOMER.
More than
2
3 years
3.4 YEAR OF COMMENCEMENT OF 1-3 years 1
2. 2
BUSINESS
Less than
0
1 year
Yes
2 2
6.1 REGISTERED WITH ANY OF DVC (same item)
3.
UNITS Yes 1
1 : > 2.5 0
More than 20 % 5
9.7 PROFIT BEFORE TAX
5. 10-20 % 4 5
Note: If the supplier is new in business and does not have past data, then the evaluation will
be done on the basis of information provided by him and will be decided by VRC.
2. FINANCIAL INFORMATION (for Indian Stockist/ Trader/ Distributor/ Dealer/ Authorised
Agent/ Channel partner/ Indian Sales office or Subsidiary of registered foreign principal):
SL. PARAMETER CRITERIA Marks Maximum Marks
NO.
Marks Awarded
More than
5
9.6 Growth in Sales over previous 35%
year (%) 20 -35 % 4
1. 5
Average of three years to be worked 5 - 20 % 3
out >0 - 5 % 2
o or negative 0
More than 20 % 5
9.7 PROFIT BEFORE TAX 5 -20% 4 5
2.
Growth over previous year (%) >0-5 % 3
o or below 0
4. TECHNICAL COMPETENCE
Column no. 1 to 4 to be filled by VRC before sending to the supplier. Column no. 5 to be filled
by DVC certified Assessor after evaluation of supplier response.
TOTAL 25
SUMMARY:
Organisational
Soundness
1. 50 30
Financial
Information
Recommended /
2. Quality System 25 15
Not recommended
Technical
3. 25 15
Competence
TOTAL 100 60
Note: Indian Stockist/ Trader/ Distributor/ Dealer/ Authorised Agent/ Channel partner/
Indian Sales office or Subsidiary of registered foreign principal are to be awarded marks on
pro-rata basis and registered accordingly.
Note: This check list is to be attached with the filled up Vendor Registration Form.
M/s………………………………………………
….………………………………………………..
….………………………………………………..
Phone No ……………………………..
Fax ……………………………..
E-mail ……………………………..
Vendor Code …………………………………….
Registration No …………………………………….
Dear Sir,
With reference to your application dated ……………… we are pleased to inform you that you
have been enlisted as registered vendor for participation in the purchase process/works tender
conducted by D V C as and when required for the following items/stores/works/services.
Thanking you,
Yours faithfully,
for & on behalf of DVC
`In order to have smooth progress of the work, there is a need for contractors who will execute the
job in time and as per stipulated quality in the Contract. In order to ensure the same a standard
evaluation format has been framed. The Engineer In charge will fill in the details as per format
enclosed , which is to be signed by the authorized representative of the Contractor
(owner/proprietor/site in charge) . If the contractor refuses to sign, the evaluation of engineer in
charge will be final. The performance rating as emerged out will be kept in the system.
In case Performance Rating obtained above is ‘Unsatisfactory’, twice consecutively, the
Contractor shall not be recommended for issue of tender enquiry for a period as deemed fit not
more than 2 years.
2. Format:
Format for Contractor’s Performance Evaluation
Overhauling and Maintenance Contract
{Applicable for Housekeeping, Worker Intensive Activities & EPC Contract/New Project}
Engineer In charge:
Signature
Name
Designation
Head of Deptt:
Signature
Name
Designation
NOTE:
1. In case of Up to date Performance Rating obtained above is ‘Unsatisfactory’, the
Contractor shall not be recommended for issue of tender enquiry for a period as
deemed fit not more than 2 years.
2. Enclose all the monthly filled up and Jointly Signed Performance Evaluation Form.
3. The Above Performance Rating shall, generally, be given at the completion of
contract period including its extension if any. However, if required, in C&M, the same
shall be given during the execution of work.
E-mail :
FAX :
Phone :
Tender No. Dated :
Sealed tenders in duplicate for Single/two part tendering are invited from manufacturers or
their duly authorised agents only, by
…………………………………………………………Damodar Valley Corporation, for
supply of …………….………………………………………………………………
……..……………………………………securely packed F.O.R Destination on door delivery
basis. Tender documents along with detailed specification can be obtained from the office of
………………………………… against Cash receipt issued from Accounts Deptt., DVC,
……………………………… …………………………………or Demand Draft/Banker’s
Cheque drawn in favour of Damodar valley Corporation payable at Kolkata / Head of the
Accounts of respective projects for Rs. ………..……… only per set on all working days upto
3.00 p.m. except holidays and first and last working days of the month. In case of e-
procurement the format is required to be downloaded from DVC Website for submission.
Cost of tender paper will be paid along with earnest money to be placed in the envelop –A.
failing which the offer may be rejected.
Prospective outstation Tenderers who intend to submit tenders, may obtain the tender
specification through post by remitting the prescribed cost of tender form and specification
plus RS. 100/- as postal charge by Demand Draft/Bankers Cheque drawn in favour of
Damodar valley Corporation payable at Kolkata / Head of the Accounts of respective
projects, to the (address of the Tender Inviting Authority). The Corporation will not accept
any liability for delay in receipt or non-delivery of Tender Forms despatched by post or
through courier. No tender documents will be sold on the date of opening. However, tender
documents will be supplied to firms registered with NSIC at free of cost against certified
copies (by Notary Public) of registration certificate from appropriate Govt. authority giving
details such as validity, stores, etc.
Tenders, in duplicate will be received by the ……..…………………………
…………………………………upto (specify time) on ………………………. and the same
will be opened in presence of representative of participating vendors on the same day at
(specify time). If the day is declared a holiday by DVC, then these activities will be taken up
on the next working day at the same time schedule. Tenders received in the office of the
Tender Inviting Authority after scheduled time and date fixed for the purpose will not be
considered at all and DVC authorities will not take any responsibility to accept any tender
which are received in his office late due to postal delay. When tenders are intended to be
submitted to the tender inviting authority by messenger/courier/speed post, these should be
submitted to the designated officer and thereafter it is to be kept in the designated place in
the office of the tender inviting authority. The names and designation of at least two officers
specially assigned for this purpose are to be mentioned here……………………….…….
Nobody in the office of the Chief Purchase Officer/Office of Tender Issuing Authority for
field formation other than those mentioned here is authorised to receive any tender or to
grant receipts for tenders delivered by hand.
Fully illustrated and descriptive literature and complete specification of the goods offered
should accompany the tender, where necessary sample should also accompany the tender.
1. DEFINITION:
The following terms and expressions used herein shall have the meaning as indicated therein:-
Purchase Order/The Contract: Shall mean the documents forming the tenders and acceptance
thereof together with the documents referred to therein including the conditions,
specifications/Scope of Work, designs, drawings and instructions issued from time to time by the
Purchaser/ Owner and all these documents taken together shall be deemed to form one contract.
Applicable Law : This contract including all matters connected with this Contract shall be
governed and construed in accordance with the Indian Law both substantive and procedural and
shall be subject to the exclusive jurisdiction of Indian courts at Kolkata (India).
Contract Price: It means the total price to be paid for the supply of materials/goods/services to
the consignee.
Supplier/Vendor/Contractor: Shall mean the registered individual firm, Company or Corporation
whether incorporated or otherwise to whom the Purchase Order/Work Order/LOA/LOI is
addressed and shall include its permitted assigns and successors.
Purchaser/Owner: Shall mean Damodar Valley Corporation, a statutory body established under
Act No. XIV of 1948 of GOI having its Corporate Office at DVC Towers, VIP Road, Kolkata –
700 054.
Party: It means the owner or the bidder, as the case may be, and ‘Parties’ means both of them.
Sub-Vendor/Sub Contractor : Shall mean the person/organization/firm named in the Purchase
Order/Contract for any part of the material/works to whom that part of the Purchase
Order/Contract has been sublet by the vendor with the consent in writing of the ‘Owner’ and will
include the legal representatives, successors and permitted assigns of such person.
Equipment/Stores/Materials: Shall mean and include equipment, stores & materials to be
supplied by the vendor under the contract.
Specification/Scope of Work : Shall mean the Specifications and Bidding documents forming a
part of the contract and also such other schedules and drawings furnished by purchaser/owner and
or as may be mutually agreed upon.
Guarantee/Warranty Period: Shall mean the period during which the vendor shall remain liable
to repair or replacement of any defective part of the Stores/Equipment/Materials supplied/works
executed under the contract.
2. REFERENCE:
The number of the concerned Purchase Order/Work Order/LOA/LOI must appear on all
correspondence, drawings, invoices, packing and shipping documents and on all documents or
papers connected with the Contract.
(ii) Envelope ‘B’ superscribed on it Techno commercial bid against Tender Notice No. and
Date’ should contain required information for Qualifying Requirement as asked in the NIT
and acceptance of techno-commercial offers along with Deviation Schedule as per format given
in Annexure ‘C’.
(iii) Envelope ‘C’ superscribed on it “Price Bid against Tender Notice No. and Date” should
contain the Price Schedule along with the withdrawal prices for deviation, if any, as per format
given in Annexure ‘D’. This envelope will be opened only for techno-commercially and QR
complied bids based on the information submitted by the bidders at a date to be notified later on.
(ii) Envelope ‘B’ superscribed on it ‘Q/R against Tender Notice No. and Date should contain
required information for Qualifying Requirement as asked in the NIT.
(iii) Envelope ‘C’ superscribed on it ‘‘Techno Commercial Bid against Tender Notice No. and
Date’ should contain acceptance of technical details and commercial terms along with
Deviation Schedule as per format given in Annexure ‘C’.
(iv) Envelope ‘D’ superscribed on it “Price Bid against Tender Notice No. and Date” should
contain the Price Schedule along with the withdrawal prices for deviation, if any, as per format
given in Annexure ‘D’. This envelope will be opened only for techno-commercially and QR
complied bids based on the information submitted by the bidders at a date to be notified later on.
5. BIDDING DOCUMENTS:
Each bidder shall submit with its bid the following attachments for single stage bidding :
Attachment 1: EMD/BID SECURITY. An EMD to be furnished in accordance with GCC Clause
No. 06 and cost of bid documents separately in DD if the same is downloaded from Website.
Attachment 2: Techno-commercial Terms & Conditions as per Format given in Annexure “A”
and Specification Booklet/Sheet.
Attachment 3: Price schedule as per Annexure “B”. The bidder shall also provide the withdrawal
price, if any, for withdrawal of techno-commercial deviations as per format given in Annexure
‘D’ along with the price bid.
Attachment 4: Deviation sheet – Deviations, if any, from the commercial terms and conditions
or Technical Specifications shall be listed ONLY as per format given in Annexure “C” and to be
enclosed with the Techno-commercial offer.
Attachment 5 : Information on supporting Documents as asked in support of the qualifying
requirements in accordance with this NIT.
Attachment 6 : Proforma and check list of Bank Guarantee against EMD.
Each bidders shall submit with its bids the following attachments for two stage bidding :
No Bank Guarantee shall be accepted for EMD amount upto Rs. 50,000/-However, EMD
W& P Manual – 2012 Page 149
exceeding Rs.50000/- may be accepted in any of the above forms.
The offer accompanied by B.G. against EMD will only be considered valid on acceptance of the
Bank Guarantee. The offer not accompanied by EMD or specified EMD in proper form as
defined above shall not be considered as valid tender for opening provided necessary stipulations
are made in the NIT.
i) Earnest Money will be refunded only to the unsuccessful Tenderer within 15 days after
finalisation of Tender and no interest will be paid for the same.
ii) The amount of Earnest Money will be refunded to the successful tenderer, after acceptance of
their Security Deposit-cum-Performance B.G. / successful completion of the order.
iii) Small Scale Industries registered with NSIC shall be exempted from the payment of Earnest
Money. Small Scale Industries seeking such exemption must enclose valid registration certificate
from the appropriate Govt. authority giving details such as validity, stores etc., failing which
exemption will not be granted.
7. CONDITIONS FOR FORFEITURE OF EMD :
The EMD may be forfeited
1. In case the purchase order/work order is not executed by the vendor in full.
2. For failure of tenderers to accept the order / LOI / LOA placed within the validity period
of their offer,
3. Any bidder withdraws/varies his offer within the bid validity period before finalisation of
the tender.
4. If the bidder does not accept the arithmetical correction of its bid price.
5. For failure to submit security cum performance BG within 30 days from the last day of the
specified time limit as stipulated in the PO/LOI/LOA.
6. If the acceptance of order is not received within the stipulated period.
7. If the Bidder does not withdraw any deviation listed in Statement of Deviations at the cost
of withdrawal indicated by him,
8. If the Bidder refuse to withdraw, without any cost to the Owner, any deviation not listed
in Statement of Deviations but found elsewhere in the Bid,
9. On providing false or incorrect information in respect of qualifying requirement etc.
10. In case the L1 bidder for any item fails to produce the documents within the specified
period of 10 days in case of domestic tenders and 15 days in case of global tenders, or if
any of the information furnished by L1 bidder on-line is found to be false by the Tender
Committee during verification of documents.
In Turnkey Project Contracts, the bidders have to supply materials / equipment from the vendors
approved by DVC (which may also include the bidder as manufacturer of the product), which is
normally firmed up after placement of order. The quoted freight & insurance charges for this
purpose are, therefore, irrespective of the vendors and geographical locations of their works. The
bidder is, therefore, entitled to the fixed freight & insurance charges and no documentary
evidence in support of the claim may be insisted upon and hence Mega Risk Policy would not be
applicable for them.
18.1 If upon delivery to consignee’s go-down, whether inspected and approved earlier or
otherwise, the material / equipment is not found in conformity with the specifications, the same
shall be rejected by the Purchaser or his duly authorized representative and notification to this
effect will be issued to the Vendor normally within 30 days from the date of Receipt of the
The contractor/vendor shall furnish the following certificate to the Paying Authority along with
each invoice/bill against payment for supplies made against any supply order/RC with longer
completion period (more than a year), if the same is placed on firm price basis. ‘I / we certify that
there has been no reduction in the sale price of the stores of description identical to this item,
supplied to any person/organization and such stores have not been offered/sold by me/us to any
person/organization at a price lower than the price charged under this contract upto the date of
this bill.’
20. ADDITIONS / ALTERATIONS / MODIFICATIONS :
The Owner reserves the right to make additions/reduction/ alterations/ modifications to the
quantity of the items in the Purchase Order. The Vendor shall supply such quantities also at the
same rate as originally agreed to and incorporated in the Purchase Order. If, however, the
additional supply is at variance with design, size and specifications and not already covered by
the Purchase Order or the amendments therein, the rates for such additional supply shall be
negotiated and mutually agreed upon.
21. DELIVERY SCHEDULE / COMPLETION PERIOD :
Time is the essence of this contract and normally no variation shall be permitted in the
completion time/delivery schedule mentioned in the Order/contract unless an amendment in this
regard is issued by DVC. Time extension may be issued on specific request/reason provided such
request is communicated to the Order Issuing Authority before the expiry of the stipulated
delivery schedule/completion period. Date of delivery of materials/goods is to be reckoned as the
date of receipt of same by the consignee.
22. LIQUIDATED DAMAGES FOR DELAY IN DELIVERY /COMPLETION OF
WORKS:
22.1 The time remains the essence of any contract/ purchase order awarded by DVC and all
supply under a Purchase Order/all deliverables under a Work Order needs to be completed within
the stipulated time schedule.
The Contractor shall commence work on the Facilities from the date of Notification of Award.
The Contractor shall thereafter proceed with the Facilities in accordance with the time schedule
specified in Time Schedule to the Contract Agreement.
Therefore, the provision has been kept in the contract that in case of delay in completion/delivery,
for the reasons attributable to the contractor/ vendor, owner reserves the right to recover from the
No payment, whatsoever will be made till the acceptance of SDBG/deposit of initial SD as the
case may be as per the terms of the contract.
In case banks refuse to issue BGs having Claim Period separately, the validity period of those
BGs may be taken as warranty period plus six months.
However, for ordered value above RS. 100 lakhs, Security Deposit in the form of Bank Guarantee
shall only be acceptable.
SSI Units registered with NSIC, under its single point registration scheme, are exempted from
depositing Security Deposit for ordering value upto the monetary limit for which the unit is
registered. Small-scale industries seeking such exemption must enclose valid registration
certificate from appropriate Govt. Authority giving details such as validity, stores, monetary limit
etc. failing which exemption will not be granted.
However, these SSI units will have to submit Performance Guarantee for the materials to be
supplied as per DVC norms and to be submitted before the despatch of materials and no payment
will be effected till the acceptance of the same.
In case of acceptance of SD in the form of Demand Draft or pro-rata reduction from running
bills/submitted invoices, the amount so accepted/deducted as SD may be refunded to the vendors
after submission of acceptable BG of equivalent amount valid till expiry of warranty/guarantee
period plus six months claim period or valid covering warranty/guarantee period plus six months.
24. PURCHASE PREFERENCE :
At present DVC, an autonomous body under Ministry of Power, GOI is granted exemption from
Purchase Preference Policy vide GOI OM dated 18-07-2005. However, any change in Govt.
Policy/Directives on this subject will be applicable.
25. SOURCE OF SUPPLY :
The Vendor shall ensure that the indigenous capacity is utilized to the fullest extent possible in
execution of the order. Where the imports are unavoidable, the Vendor shall import all such items
in good time against his own import licence without affecting the contractual delivery schedule.
26. PATENT RIGHTS :
Royalties and fees for patents covering materials/equipments/ spares or processes used in
executing the work shall be to the account of the Vendor. The Vendor shall satisfy all demands
that may be made at any time for such royalties and fees and he alone shall be liable for damages,
48.2.5 If one party fails to appoint its arbitrator within forty-two (42) days after the other party
has named its arbitrator, the party which has named an arbitrator may request the Appointing
Authority to appoint the second arbitrator.
48.2.6 If for any reason an arbitrator is unable to perform its function, the mandate of the
Arbitrator shall terminate in accordance with the provisions of applicable laws as mentioned in
GCC Clause 47(Governing Law) and a substitute shall be appointed in the same manner as the
original arbitrator.
48.2.7 Arbitration proceedings shall be conducted as follows:-
(i) Appointing Authority for Adjudicator: Chairman of DVC
Appointing Authority for third Arbitrator:
a) President, Institution of Engineers in case of an Indian Contractor.
b) President, International Chambers of Commerce, Paris in case of a
Foreign Contractor.
(ii) Rules of procedure for arbitration proceedings:
a) In case of a foreign contractor the arbitration proceeding shall be conducted in accordance with
the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules of
1976.
b) In case of an Indian Contractor, the arbitration proceedings shall be conducted in accordance
with Indian Arbitration and Conciliation Act 1996. In case the Indian Contractor is an Indian
Public Sector Enterprise /Government Department (but not a state Govt. Undertaking of Joint
Sector Undertaking which is not a subsidiary of Central Govt. Undertaking), the dispute arising
between the Employer and the Contractor shall be referred for resolution to a Permanent
Arbitration machinery (PAM) of the Department of Public Enterprises, Government of India.
(iii) The Place for Arbitration shall be : Kolkata, India
48.2.8 The decision of a majority of the arbitrators (or of the third arbitrator chairing the
arbitration panel, if there is no such majority) shall be final and binding and shall be enforceable
in any court of competent jurisdiction as decree of the court. The parties thereby waive any
objections to or claims of immunity from such enforcement.
48.2.9 The arbitrator(s) shall give reasoned award.
48.3. Notwithstanding any reference to the Adjudicator or arbitration herein,
(a) the parties shall continue to perform their respective obligations under the Contract
unless they otherwise agree
(b) the Employer shall pay the Contractor any monies due to the Contractor.
CLAUSE REQUIREMENT
NO.
1.0 The contractor/ agency shall comply with all the requirements of the rules framed
by Damodar Valley Corporation (Also referred here as DVC) relating to Safety,
provisions of Factories Act, 1948 State Factories Rules as amended time to time,
and all other statutory requirements as applicable to his work, like Indian
Electricity Act, ESI Act (Wherever the facility is available), PF Act, Workmen’s
Compensation Act, Motor Vehicles Act etc. He shall ensure compliance of all the
responsibilities of the Occupier and Factory Manager as mentioned in the Factories
Act in his place of work.
Additionally, the contractor shall comply with all the Rules framed by DVC
relating to Safety of all working in the work place, and ensure compliance with all
types of permit to work. He shall also comply with all directions given by the
Engineer In-charge or Head of DVC Project Safety Deptt. or their nominated
2.0 representative with specific regard to Safety and Health of the workers.
The Contractor/ Agency shall frame and implement it’s Safety and Health Policy
which shall contain all the provisions relating to compliance of DVC Safety/ Health
and Safety Policy.
2.1 The Contractor shall appoint a full time Engineer with either Degree in Engg. With
not less than 1 years of experience or Diploma in Engg. With not less than 2 years
of experience to supervise the work for each 50 workers/ staff or a part thereof.
Where the work is of hazardous in nature the supervisor shall be appointed for first
20 workers also.
2.2 If at any time the contractor employs more than 150 workers including staff, he
shall appoint from the start of work itself a Safety Officer, with the qualification as
mentioned in the Factories Act/ State Factories Rules applicable to the state, in
which the work is carried out. The Safety Officer of the Contractor shall discharge
2.3 only those responsibilities as mentioned in statutory rules for the Safety Officers.
Before Start of work by the Contractor, The Contractor shall sign an MOU with
Head of DVC Project Safety Deptt. and Engineer In charge of the contract, wherein
he shall submit following documents also:
a) Safety Plan of the Contractor for his own as well as his sub- contractors;
b) Methodology (Including responsibility) of accident reporting to DVC authorities
and Statutory authorities, conduct of enquiries, and implementation of corrective
measures.
52.1.4 The procedure on how to proceed with and execute Changes is specified in GCC Sub
Clauses 52.2 and 52.3.
52.2 CHANGES ORIGINATING FROM EMPLOYER
52.2.1 If the Employer proposes a Change pursuant to GCC Sub-Clause 52.1.1, it shall send to
the Contractor a “Request for Change Proposal,” requiring the Contractor to prepare and furnish
to the Project Manager as soon as reasonably practicable a “Change Proposal,” which shall
include the following:
(a) brief description of the Change
(b) effect on the Time for Completion
(c) estimated cost of the Change
(d) effect on any other provisions of the Contract.
52.2.2 The pricing of any Change shall, as far as practicable, be calculated in accordance with
the rates and prices included in the Contract. If the rates and prices of any change are not
available in the Contract, the parties thereto shall agree on specific rates for the valuation of the
Change.
52.2.3 If before or during the preparation of the Change Proposal it becomes apparent that the
aggregate effect of compliance therewith and with all other Change Orders that have already
become binding upon the Contractor under this GCC Clause 52 would be to increase or decrease
the Contract Price as originally set forth in Contract Price of the Contract Agreement, the
Contractor may give a written notice of objection thereto prior to furnishing the Change Proposal
as aforesaid. If the Employer accepts the Contractor’s objection, the Employer and the
Contractor shall agree on specific rates for valuation of the change.
52.2.4 Upon receipt of the Change Proposal, the Employer and the Contractor shall mutually
agree upon all matters therein contained including agreement on rates if such rates are not
available in the Contract or if the limit set forth in Clause 52.2.3 has been exceeded. Within
fourteen (14) days after such agreement, the Employer shall, if it intends to proceed with the
Change, issue the Contractor with a Change Order.
If the Employer is unable to reach a decision within fourteen (14) days, it shall notify the
Contractor with details of when the Contractor can expect a decision.
If the Employer decides not to proceed with the Change for whatever reason, it shall, within the
said period of fourteen (14) days, notify the Contractor accordingly.
52.2.5 If the Employer and the Contractor cannot reach agreement on the price for the Change,
an equitable adjustment to the Time for Completion, or any other matters identified in the Change
Proposal, the Employer may nevertheless instruct the Contractor to proceed with the Change by
issue of a “Pending Agreement Change Order.”
Upon receipt of a Pending Agreement Change Order, the Contractor shall immediately proceed
with effecting the Changes covered by such Order. The parties shall thereafter attempt to reach
agreement on the outstanding issues under the Change Proposal.
(b) can be proven to have been possessed by that party at the time of disclosure and which was
not previously obtained, directly or indirectly, from the other party hereto
(c) otherwise lawfully becomes available to that party from a third party that has no obligation
of confidentiality.
54.4 The above provisions of this GCC Clause 54 shall not in any way modify any undertaking of
confidentiality given by either of the parties hereto prior to the date of the Contract in
respect of the Facilities or any part thereof.
54.5 The provisions of this GCC Clause 54 shall survive termination, for whatever reason, of the
Contract.
55. REPRESENTATIVES
55.1 PROJECT MANAGER
If the Project Manager is not named in the Contract, then within fourteen (14) days of the
Effective Date, the Employer shall appoint and notify the Contractor in writing of the name
of the Project Manager. The Employer may from time to time appoint some other person as
the Project Manager in place of the person previously so appointed, and shall give a notice
of the name of such other person to the Contractor without delay. The Employer shall take
reasonable care to see that no such appointment is made at such a time or in such a manner
as to impede the progress of work. The Project Manager shall represent and act for the
Employer at all times during the currency of the Contract. All notices, instructions, orders,
certificates, approvals and all other communications under the Contract shall be given by
the Project Manager, except as herein otherwise provided.
All notices, instructions, information and other communications given by the Contractor to
the Employer under the Contract shall be given to the Project Manager, except as herein
otherwise provided.
55.2 Contractor’s Representative & Construction Manager
55.2.1 If the Contractor’s Representative is not named in the Contract, then within fourteen (14)
days of the Effective Date, the Contractor shall appoint the Contractor’s Representative and shall
request the Employer in writing to approve the person so appointed. If the Employer makes no
objection to the appointment within fourteen (14) days, the Contractor’s Representative shall be
deemed to have been approved. If the Employer objects to the appointment within fourteen (14)
days giving the reason therefore, then the Contractor shall appoint a replacement within fourteen
(14) days of such objection, and the foregoing provisions of this GCC Sub-Clause 55.2.1 shall
apply thereto.
55.2.2 The Contractor’s Representative shall represent and act for the Contractor at all times
during the currency of the Contract and shall give to the Project Manager all the Contractor’s
notices, instructions, information and all other communications under the Contract.
All notices, instructions, information and all other communications given by the Employer or the
Project Manager to the Contractor under the Contract shall be given to the Contractor’s
55.2.3 The Contractor’s Representative may, subject to the approval of the Employer (which
shall not be unreasonably withheld), at any time delegate to any person any of the powers,
functions and authorities vested in him or her. Any such delegation may be revoked at any time.
Any such delegation or revocation shall be subject to a prior notice signed by the Contractor’s
Representative, and shall specify the powers, functions and authorities thereby delegated or
revoked. No such delegation or revocation shall take effect unless and until a copy thereof has
been delivered to the Employer and the Project Manager.
Any act or exercise by any person of powers, functions and authorities so delegated to him or her
in accordance with this GCC Sub-Clause 55.2.3 shall be deemed to be an act or exercise by the
Contractor’s Representative.
55.2.3.1 Notwithstanding anything stated in GCC Sub-clause 55.1 and 55.2.1 above, for the
purpose of execution of contract, the Employer and the Contractor shall finalise and agree to a
Contract Co-ordination Procedure and all the communication under the Contract shall be in
accordance with such Contract Co-ordination Procedure.
55.2.4 From the commencement of work at the Site until completion, the Contractor’s
Representative shall appoint a suitable person as the construction manager (hereinafter referred to
as “the Construction Manager”). The Construction Manager shall supervise all work done at the
Site by the Contractor and shall be present at the Site throughout normal working hours except
when on leave, sick or absent for reasons connected with the proper performance of the Contract.
Whenever the Construction Manager is absent from the Site, a suitable person shall be appointed
to act as his or her deputy.
55.2.5 The Employer may by notice to the Contractor object to any representative or person
employed by the Contractor in the execution of the Contract who, in the reasonable opinion of the
Employer, may behave inappropriately, may be incompetent or negligent, or may commit a
serious breach of the Site regulations provided under GCC Sub-Clause 56.3. The Employer shall
provide evidence of the same, whereupon the Contractor shall remove such person from the
Facilities/Site.
55.2.6 If any representative or person employed by the Contractor is removed in accordance with
GCC Sub-Clause 55.2.5, the Contractor shall, where required, promptly appoint a replacement.
56. SITE WORKS
56.1 SETTING OUT/SUPERVISION/LABOUR
56.1.1 Bench Mark: The Contractor shall be responsible for the true and proper setting-out of
the jobs in relation to bench marks, reference marks and lines provided to it in writing by or on
behalf of the Employer.
If, at any time during the progress of work, any error shall appear in the position, level or
alignment of the Facilities, the Contractor shall forthwith notify the Project Manager of such error
and, at its own expense, immediately rectify such error to the reasonable satisfaction of the
Project Manager. If such error is based on incorrect data provided in writing by or on behalf of
PRICE BID
(APPLICABLE FOR MANUFACTURER ONLY. BIDDERS OTHER THAN
MANUFACTURER MAY QUOTE FOR ALL INCLUSIVE F.O.R. DESTINATION PRICE
INDICATING FREIGHT & INSURANCE COMPONENT SEPARATELY).
CHARGE OR
F&I
DESCRIPTION
FOR
EX-
TOTAL FOR
N PRICE (RS.)
N PRICE (RS.)
DESTINATIO
DESTINATIO
PRICE (RS.)
MATERIAL
QUANTITY
FREIGHT
CHARGE
WORKS
SL. NO.
ITEM
UNIT
UNIT
UNIT
UNIT
(RS.)
Sub: Supply of
Ref : i) Tender Enquiry No : Dated
ii) Your Quotation No : Dated
iii) Our Letter No : Dated
iv) Your letter No : Dated
Dear Sirs,
With reference to above, DAMODAR VALLEY CORPORATION is pleased to place order on
you to deliver the following item(s) subject to the terms and conditions specified herein and as
contained in our General Conditions of contract (GCC) supplied with the bid document or
download from site. Item-wise detailed specifications are also enclosed.
Sl. Description Qty Unit Unit Ex- Unit Unit FOR- Total
No. of item works (to F&I destination FOR-
be Charge price (Rs.) destination
mentioned (Rs.) or
Price (Rs.)
Unit
as per
Freight
quotation)
Charge*
price (Rs)
(Rs.)
* If the bidder opts for DVC’s Open Insurance Policy.
Yours faithfully,
** This format is for items procured from manufacturer only. FOR non-manufacturer vendor, all-
inclusive FOR-D price to be indicated in PO.
Name
Designation
Date
01.
02.
03.
04.
05.
NB. In case of E-procurement, tender opening committee members will open the bid through
their individual key and fill in the auto generated form.
SUB : Release of Earnest Money Deposit (EMD) against Tender Enquiry No.
dated .
REF: OUR EMD FORWARDING LETTER NO. DATED
ADDRESSED TO THE (ACCO/SR.AO-CASH).
As the ordering action against the above tender has already been finalised, you are requested to
release the EMD of the following unsuccessful bidders with intimation to us.
Sl. No. Name of the Party EMD details (Rs. ) in the form of
1.
2.
3.
4.
5.
CHECKLIST YES NO
Dear Sirs,
At the request of M/s.………………………… We…………………… Bank Branch Office at
………………………and having its head office at ………………………do hereby extend the
validity of the above mentioned Bank Guarantee No……………………… dated ………… by
another ……………….. months/years and will now expire on ………………… with claim
period upto ………………….
Except as provided above, all other terms and conditions of the original Bank Guarantee
No……………Dated…………………shall remain unaltered and binding.
Please treat this as an integral part of the original guarantee to which it would be attached.
Yours faithfully,
For……………………………………….
Manager/Agent/Accountant
Dated……………….
SEAL OF BANK
Note : * Please mention the full address of project/office where the Bank Guarantee is to be
submitted.
The non – judicial stamp paper should be in the name of issuing Bank.
Know all men by these presents that in the consideration of the Damodar Valley Corporation
(herein after referred to as the ‘Owner’, which expression shall unless repugnant to the context or
meaning thereof include its successors, administrators and assigns) having awarded to
M/s……………………… With its Registered / Head Office
at……………………………………………… hereinafter referred to as ‘Contractor ‘ which
expression shall unless repugnant to the context or meaning thereof, include its successors,
administrators, executors, and assigns) a contract by issue of Owner’s Letter of Award
No. dated and the same having been unequivocally
accepted by the Contractor, resulting into a Contract bearing No. dated
valued at for (scope of work) contract (hereinafter
called ‘Contract’) and the owner having agreed to make an advance payment to the Contractor for
performance of the above Contract amounting to (in
words and figures) as an Advance against Bank Guarantee to be furnished by the Contractor.
The Bank also agrees that on certification of the Owner the amount of the Bank Guarantee shall
stand reduced to the extent so notified by the Owner semi-annual. It is further agreed that the
reduction so notified by the Owner shall be conclusive and binding on the bank without any
reservation.
The Bank also agrees that the Owner at its option shall be entitled to enforce this Guarantee
against Bank as a Principal debtor in first instance without proceeding against the Contractor and
notwithstanding any security or other Guarantee that the Owner may have in relation to the
Contractor’s liabilities.
Notwithstanding anything contained hereinabove, our liability under this guarantee is limited to
and it shall remain in force upto and including
@ and shall be extended from time to time
for such period (not exceeding one year) as may be desired by M/s.
on whose behalf this Guarantee has been given.
Dated this day of 200 at .
Witness :
(Signature)
Signature Name
Witness : Designation with Bank Stamp
To
*DAMODAR VALLEY CORPORATION BG No. :
DVC TOWERS : VIP ROAD Date :
KOLKATA-54.
Dear Sir.
In accordance with your Notice Inviting Tender for ……………………………
………………………...………………………………………under your specification
No………………………dated…………………M/s. ……(Name& full address of the firm)
(Hereinafter called the Tenderer) hereby submit the Bank Guarantee:
2. ……………………………………………………
3. ……………………………………………………
It is a condition in the tender documents that the tenderer has to deposit Earnest Money
amounting to Rs. …………… in respect to the tender, with Damodar Valley Corporation(*)
(hereinafter referred to as “Corporation”) by a Bank Guarantee from a Nationalised Bank/
Schedule Bank/Foreign Bank irrevocable and operative till the validity of the offer(i.e.
…………days from the date of opening of tender) for the like amount which amount is likely to
be forfeited on the happening of contingencies mentioned in the tender documents.
We, the aforesaid bank, further agree that the Corporation shall be the sole judge of and as to
whether the tenderer has committed any breach or breaches of any of the terms costs, charges and
expenses caused to or suffered by or that may be caused to or suffered by the Corporation on
account thereof to the extent of the Earnest Money required to be deposited by the Tenderer in
respect of the said Tender Document and the decision of the Corporation that the Tender has
committed such breach or breaches and as to the amount or amounts of loss, damage, costs,
charges and expenses caused to or suffered by or that may be caused to or suffered by the
Corporation shall be final and binding on us.
We, the said Bank further agree that the Guarantee herein contained shall remain in full force and
effect until it is released by the Corporation and it is further declared that it shall not be necessary
for the Corporation to proceed against the Tenderer before proceeding against the Bank and the
Guarantee herein contained shall be invoked against the Bank, notwithstanding any security
which the Corporation may have obtained or shall be obtained from the Tenderer at any time
when proceedings are taken against the Bank for whatever amount that may be outstanding or
unrealised under the Guarantee.
The right of the Corporation to recover the said amount of Rs. …………..……
(Rupees………………….) from us in manner aforesaid will not be precluded/affected, even if,
disputes have been raised by the said M/S………………(Tenderer) and/or dispute or disputes are
pending before any authority, officer, tribunal, arbitrator(s) etc.
Notwithstanding anything stated above, our liability under this guarantee shall be restricted to Rs.
…………….. (Rupees …………………………………………) only and our guarantee shall
(Designation) …………………………..
(Bank’s common seal) …………………
In presence of:
WTTNESS (with full name, designation, address & official seal, if any)
(1)
(2)
Please indicate the name and address of the projects / stations / offices
where the B.G. is to be executed.
Date………………….
(1) KNOW ALL MEN BY THESE PRESENTS that in consideration of Damodar Valley
Corporation, a Corporation constituted and established under the Damodar Valley Corporation
Act being Act No. XIV of 1948 and having its Headquarters at D.V.C. Towers, V I P Road,
Kolkata-700 054
(hereinafter called “The Corporation”) having agreed to accept from
(hereinafter called “The Contractor”), a Bank Guarantee for
Rs. in lieu of Cash Security Deposit for the due fulfillment by the Contractor
of the terms & conditions of the *Purchase Order/Letter of Intent/Letter of Acceptance/ work
order No. issued by the Corporation for
(Name & Description of the work/material)
(hereinafter called “the said *Purchase Order/Letter of Intent/Letter of
Acceptance/ work order”) we (hereinafter called “the
Guarantor”) do hereby undertake to indemnify and keep indemnified the Corporation to the extent
of Rs. (Rupees
) only against any loss or damage caused to or suffered by
the Corporation by reason of any breach by the Contractor of any of the terms and conditions
contained in the said * Purchase Order/Letter of Intent/Letter of Acceptance/ work order of which
breach the opinion of the Corporation shall be final and conclusive.
(6) The Guarantee herein contained shall not be determined or effected by liquidation or winding
up or insolvency or closure of the Contractor.
(7) The executants has the power to issue this guarantee on behalf of the Guarantor and holds full
and valid power of Attorney granted in his favour by the Guarantor authorizing him to execute
the Guarantee.
(8) Notwithstanding anything contained herein above, our liability under this guarantee is
restricted to Rs. (Rupees only and our guarantee
shall remain in force upto and unless a demand or claim under the
guarantee is made on us in writing on or before all your rights under the
guarantee shall be forfeited and we shall be relieved and discharged from all liabilities there
under.
WE, Bank lastly undertake not to revoke this guarantee during the
currency except with the previous consent of the Corporation in writing. In witness whereof we
have set and subscribed our hand on this
day of .
2)
(Name & address in full with Rubber Stamp)
*Mention the relevant along with reference number.
Delete the terms which are not applicable. Each page of B.G. to be signed by the executant with
common Bank stamp and date.
INDEMNITY BOND
Whereas DVC has awarded P.O. / Letter of intent/award letter / contract No. ………….. dated
……….. to the vendor / Contractor and its amendment No. ………….. dated ………….
Amendment No. …………………. dated …………….. applicable when amendments have been
issued (hereinafter called contract) and against which the materials supplied by the vendor /
contractor, was on inspection, found to be not confirming to specification / drawing / sample as
per contract and/or received in damaged condition and hence rejected.
And whereas by virtue of clause No………. of the said contract, the vendor / Contractor is
required to execute an Indemnity Bond in favour of DVC for the purpose of free
replacement/repair / rectification of the rejected consignment if so required.
The DVC is and shall remain the exclusive owner of the materials / equipments free from all
encumbrances, charges or fines of any kind, whatsoever.
Now the conditions of this bond is that if the vendor / contractor shall duly and punctually comply
with the terms and conditions of this bond till the receipt and acceptance of the material /
equipment, then the above bond shall be void, but otherwise it shall remain in full force and
virtue.
In witness whereof the vendor/contractor has here-unto set the hand through its authorized
representative under the common seal of the company, the day, month and year first above
mentioned.
SCHEDULE
Witness - I
1. Signature For and on behalf of M/s……………
2. Name Name
3. Address with seal Signature Designation
with seal Common seal of
Company
2. Name
Note : * Indemnity Bonds are to be executed by the authorised persons and (i) In case of
contracting Company under common seal of the Company or (ii) having the power of attorney
issued under common seal of the company withy authority to execute Indemnity Bonds, (iii) In
case, (ii) the original Power of Attorney if it is specifically for our contract or a Photostat copy of
the Power of Attorney if it is a General Power of Attorney and such documents should be
attached to Indemnity Bond.
12. Expected residual life of the item proposed for purchase and
presently under operation vis-à-vis prescribed life of the new Yes/No/NA
one reasonably assessed and recorded.
VENDOR’S NAME :
SIGNATURE :
NAME :
DESIGNATION :
ADDRESS OF PLANT :
INSPECTION REPORT
(ENCLOSE SEPARATE SHEETS, IF REQUIRED)
4. ITEM DESCRIPTION :
5. Date of Inspection :
6. Place of Inspection :
2. Departmental Estimates :
i) Amount :
ii) Basis :
a. Schedule of rates :
b. LPP :
c. Budgetary Offer/ :
market rate
4. Budget Status :
Budget Provision exists in
a) B.E. ……………..
b) R.E. ……………..
c) Remarks, if any :
5. Tendering :
A. SINGLE TENDER :
(a) Reasons for Single Tendering :
i) Approving Authority :
ii) From Approved Vendors :
iii) From known vendors :
iv) From others :
C. OPEN TENDER :
(a) Nit Details :
(i) Press publication Date:
(ii) Hosting Date in the Web :
(iii) Date of Opening :
(iv) TIA :
(v) DFP Serial :
8. PRICE BID
(i) Opening Date :
(ii) No. of bidders :
(iii) Ranking statement :
L1
L2
L3
L4
AN AGREEMENT made and entered into this…………. day of ............ 20…. by and between
M/s DAMODAR VALLEY CORPORATION (DVC),(Name of the Power Station/ Hydel
Station/Field Formations) of the FIRST PART (which expression shall unless repugnant to the
context be deemed to include its successors or assigns) and M/s………………. of the SECOND
PART (which expression shall unless repugnant to the context or meaning thereof be deemed to
include its successors or assigns.)
WHEREAS the aforesaid Party of the First Part invited tenders for the work of
(Name of the work).
WHEREAS the tender of the Party of the Second Part was accepted and the work was awarded to
the Party of the Second Part by letter no.
AND WHEREAS the Party of the Second Part has accepted the work order aforesaid in their
letter No.
Now the Agreement, witnessed and it is hereby agreed by and between the parties as follows:
I.This Agreement is a contract for service, consisting of Clauses 1 to 21, inclusive of Annexure
hereto and NIT/LOA/LOI/Work Order/DVC’s GCC/DVC’s T1/T3 Forms shall form an
inseparable part of this Agreement.
II. In consideration of the payments to be made by the Party of the First Part to the Party of the
Second Part, the Party of the Second Part hereby covenants to carry out the work of
(Name of the work). The Party of the First Part hereby covenants to pay
to the Party of the Second Part in consideration of the aforesaid work, as provided in the
Agreement.
1. DEFINATIONS:-
a) The Party of the Second Part shall provide services as agreed upon and set out in Schedule II
for the term of the Agreement or until it is terminated in accordance with the clauses of this
Agreement.
b) The Party of the Second Part shall obtain at his own cost necessary permits or licenses etc as
required under the various laws whether Central, State or Local from time to time for performing
and rendering services and the Party of the First Part shall not take any liability whatsoever in this
regard.
(i) The Party of the Second Part has to obtain licenses/permits etc as applicable as mentioned
above within a time period of fourteen days of signing this Agreement, failing which this
Agreement shall stand unilaterally terminated.
(ii) If the licenses/permits etc obtained by the Party of the Second Part are revoked and/or
suspended and/or cancelled by the authority concerned and/or become invalid, the Agreement
shall stand unilaterally terminated.
c) The Party of the Second Part shall at its own cost comply with the provisions of all laws, rules,
orders and regulations and notifications whether Central or State or Local as applicable to him or
to this Agreement from time to time. These Acts/Rules include, without limitations the following:
(i) The Minimum Wages Act, 1948 & Rules and Orders and Notifications issued there under from
time to time;
(iii), The Industrial Disputes Act, 1947 with Rules, Orders and Notifications issued there under
from time to time;
(iv) The Workmen’s Compensation Act, 1923 with Rules, Orders and Notifications there under
issued from time to time;
(v) The Payment of Gratuity Act, 1972 with Rules, Orders and Notifications issued there under
from time to time;
(vi) The Payment of Wages Act, 1936 with Rules, Orders and Notifications issued there under
from time to time;
(vii) The Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 with Rules, Orders
and Notifications issued there under from time to time;
(viii) The Factories Act, 1948 with Rules, Orders and Notifications issued there under from time
to time;
(ix) The Employees State Insurance Act, 1948 with Rules, Orders and Notifications issued there
under from time to time.
(x) All other Acts/Rules/Regulations, Bye-laws, Order, Notifications etc. already in vogue or may
be enacted in future by the legislation or present or future Applicable to the Party of the Second
Part from time to time for performing the aforesaid services.
The Party of the Second Part shall produce the requisite Compliance Report to the Party of the
First Part from time to time or as prescribed in the abovementioned laws.
d) The Party of the Second Part shall undertake the services as per details given in Schedule II
attached to this Agreement. The Party of the Second Part shall also comply with other
instructions, if any, given in writing by the authorized representative of the Party of the First Part
e) The performance of service by the Party of the Second Part shall be of highest order/standing
and competence and as described in Schedule II.
f) The Party of the First Part may terminate this Agreement if the performance of services by the
Party of the Second Part is not up to specified standard and if the Party of the Second Part fails to
comply with the laws mentioned hereinbefore. The decision of the Party of the First part in this
respect shall be absolute and final.
a) The Party of the Second Part as and when required shall deploy his own employees for
rendering satisfactory services.
b) There shall not subsist in any manner whatsoever any employer-employee relationship
between the Party of the First Part and the workmen/employees employed and as and when
deployed by the Party of the Second Part or the Party of the Second Part himself. The Party of the
Second Part shall be responsible for appointments, payment of wages, compliances with all
statutory formalities relating to the workmen/employees employed and deployed by it.
c) The Party of the Second Part shall conduct the work in the manner prescribed by the Party of
the First Part and in the event of any deviation there from, the Party of the Second Part shall be
responsible to make good the same within ( need based to be incorporated) from being
intimated by the Party of the First Part. The Party of the Second Part shall supervise and control
the manner and mode of working and also the working of the workmen as and when deployed and
there shall not be any supervision and control by the Party of the First Part over the
employees/workmen employed by the Party of the Second Part.
d) The workmen/employees engaged and deployed by the Party of the Second Part shall observe
discipline at all times and maintain decency and decorum during the course of their employment
and the Party of the Second Part shall be fully responsible for the said workmen/employees.
f) The Party of the Second part as an when deploy workmen Party of the Second part shall
maintain a Register of persons employed under him and issue Employment Photo Identity
Cards to each worker within three days of employment and a copy of the same to be submitted
with the Party of the First Part within seven days there from.
g) The Party of the Second part as and when employed workman shall also maintain all statutory
register viz register of wages, muster roll register of deductions, register of overtime register of
fines, register of advances, wage slip and any other registers required to be maintained under the
statute and shall give inspection of the same to the Party of the First Part on demand.
h) The Party of the Second part as and when employed workman shall make the Payment of
wages and other conditions of employment in respect of workmen employed and deployed by the
Party of the Second Part in conformity with statutory requirements and the Party of the First Part
shall be fully protected in all respect in this regard.
i) The Party of the Second part as and when employed workman shall send half-yearly returns to
the Licensing Officer not later than thirty days from the closing of the Half Year.
j) The Party of the Second part as and when employed workman shall be solely and wholly
responsible for the safety & security of the employees employed by the Party of the Second Part.
The Party of the Second Part shall also make adequate provision of insurance for the said
employees at their own cost to cover them against the risk of accident and /or death in harness. In
the event of any accident and/or death in harness, the Party of the Second Part shall pay proper
compensation to the employees as per The Workmen’s Compensation Act, 1923. The Party of the
First Part will have no responsibility whatsoever, and will be kept fully indemnified and harmless.
k) The Party of the Second Part shall also be responsible for the property of the Party of the First
Part and in case of any damage whatsoever, shall immediately repair/replace the damaged
m) The workmen/employees of the Party of the Second Part as and when employed by the Party
of the Second Part including himself shall have no right and/or any right to access whatsoever to
claim as an employment with the company of the Party of the First Part.
n) In case the workmen/employees engaged by the Party of the Second Part have any grievance
they shall take it up with the Party of the Second Part without causing any disturbance in the
premises of the Party of the First Part in any manner. Under no circumstances, shall the workmen
engaged by the Party of the Second Part initiate or take part in any agitation or demonstration
against the Party of the First Part.
o) If the process forming part of this Agreement is abolished by any provision of law or under
Sec. 10 of the Contract Labour (R&A) Act, 1970 the workmen/employees of the Party of the
Second Part shall not become the employees of the Principal Employer i.e. Party of the first Part.
p) During the terms of this Agreement the Party of the Second Part shall be an independent
employer and not in any manner has any employer - employee relationship with the Party of the
First Part and that of Principal to Principal.
a) The Party of the First Part shall permit the duly authorized workmen of the Party of the Second
Part at all convenient times to enter into and upon the premises only on presentation of the
approved gate passes as mentioned below, for the purpose of carrying out their work.
5. COMPLETION
The Work shall be deemed to have been completed on expiry of period of this Agreement and
release of final payment to the Party of the Second Part by the Party of the First Part.
6. PENALTY:
7. DELEGATION
(As Applicable)
8. INDEMNITY
Party of the Second Part covenants and agrees to fully protect and hold the Party of the First Part,
its employees and agents harmless against any claim, demand, actions, suits, proceedings,
judgment, liabilities, costs, expenses, damages or losses.
9. BILLS
The Party of the First Part reserves the right to require the Party of the Second Part to submit
documentary evidence in support of the bills, including details of the work done, duly supported
by the Certificate from the representative of the Party of the First Part in the first week of the
following month. Party of the First Part also reserves the right to make at the earliest opportunity
any adjustment which may be pending from the previous months.
10. PAYMENT
a) This Agreement shall be effective from the date of commencement of the work as per the
Work Order
b) The Agreement shall be deemed to expire on completion of the work and on compliance of all
the statutory obligations by the Party of the Second Part as provided in for in the agreement,
unless extended by both the parties in writing.
12. CANCELLATION/TERMINATION
a) In the event of this Agreement being determined whether by efflux of time or notice or breach
or otherwise, the Party of the Second Part shall forthwith return to the Party of the First Part all
the papers, books or other articles belonging to the Party of the First Part.
b) In the event of termination of this Agreement, the rights and obligations of the parties thereto
shall be settled by mutual discussion. The financial settlement shall take into consideration not
only the expenditure incurred but also the expenditure committed by the Party of the First Part.
c) In the event of termination of this Agreement, the Party of the Second Part shall be liable to
refund the amount, if any, paid in advance to it by the Party of the First Part.
d) Either Party shall be entitled to exercise any one or more of the rights and remedies given to it
under the terms of this Agreement and the determination of this Agreement shall not affect or
prejudice such rights and remedies and each party shall remain liable to perform all outstanding
liabilities under this Agreement notwithstanding that the other may have exercised any one or
more of the rights and remedies available against each other.
15. CONFIDENTIALITY
During the tenure of the Agreement and 7 years thereafter the Party of the Second Part undertake
on their behalf and on the behalf of their subcontractors / employees / representatives / associates
etc to maintain strict confidentiality and prevent disclosure thereof, of all the information and data
exchanged / generated pertaining to the work under this Agreement for any purpose other than in
accordance with the Agreement.
16. NOTICE
Any notice to be served by either party on the other shall be sent by Registered Post and shall be
deemed to have been received by the addressee within 07 days of posting.
a) Any dispute(s) or difference(s) arising out, of or in connection with the contract shall, to the
extent possible, be settled amicably between the Party of the First Part & Party of the Second
Part.
b) In the event of any dispute or difference whatsoever arising under this Agreement or in
connection therewith including any question relating to existence, meaning and interpretation of
the terms of the Agreement or any alleged breach thereof, the same shall be referred to the
Secretary, CEO of Damodar Valley Corporation, Kolkata-54 or to a person nominated by him for
arbitration. The Arbitration shall be conducted in accordance with the provisions of Arbitration
and Conciliation Act, 1996 or any other latest enactment and the decision/judgment of
Arbitrator/Arbitrators shall be final and binding on both the parties. The venue of the arbitration
shall be at Kolkata.
However, in case the Party of the Second Part is a Central Public Sector Enterprise/ Govt.
Department, the dispute arising between the Party of the First Part & Party of the Second part
c) All suits arising out of NIT, subsequent work order and agreement, if any, are subject to
jurisdiction of Court in the City of Kolkata only and no other Court, when resolution/ settlement
through mutual discussion and arbitration fails.
No amendment or modification of this Agreement shall be valid unless the same is made in
writing by both parties or their authorized representative and specifically stating the same to be an
amendment of this Agreement. The modifications / changes shall be effective from the date on
which they are made/ executed, unless otherwise agreed to.
19. MISCELLANEOUS
a) The Party of the Second Part as and when required shall deploy as many in number -expert
personnel and/or skilled/semi-skilled/unskilled workmen with adequate qualification and
experience having appropriate level of acumen to carry out the job with entire satisfaction of the
Party of the First Part.
b) No child labour shall be engaged by the contractor as per statutory rules of the Govt. of India.
c) The Party of the Second Part as and when employed their employees engaged in the job shall
follow all safety rules at the time of execution of work. It shall be the responsibility of the
contractor to supply all safety equipment necessary to their O&M personnel without any extra
cost to DVC. All statutory rules & regulations shall have to be followed by the contractor during
employment/retrenchment of his workers/employees.
d) As the plant site is a protected area, necessary gate passes with photograph of every
worker/employee of the Party of the Second Part shall be arranged by the Party of the Second Part
with proper intimation to the Party of the First Part. The expenditure of issuing the gate passes to
e) In case of sub-letting the contract, the sub-contractor shall be engaged with prior approval of
the Party of the First Part and at full risk of the Party of the Second Part.
f) The Party of the Second Part shall not pay less than the prescribed minimum wages to the
workmen engaged by him under the Minimum Wages Act, 1948 and the Govt. Rules made there
under and subject to revision from time to time. The monthly payment is to be made on the 7th
day of the successive month. The Party of the Second Part shall intimate the disbursement of
payment to the authorized representative of Personnel Dept. of the Party of the First Part on 7th -
10th day of the successive month.
g) Legal suits arising out of the Agreement, if any, are subject to the jurisdiction in the Court of
the city of Kolkata and no other Court elsewhere.
h) The workers/employees engaged by the Party of the Second Part should not be under the
influence or addiction of drug/liquor while on duty. It should be obligatory on the part of the
Party of the Second Part to remove any such person from the job whose action or conduct in the
opinion of management of the Party of the First Part is detrimental to its interest.
i) If the Party of the Second Part desires to execute a part of scope of maintenance contract which
are very specialized in nature by engaging a specialized competent group they will have to obtain
approval from the Party of the First Part, furnishing all credentials and requirement of the
manpower strength before their engagement. However, the Party of the First Part reserves the
right to discontinue the same at its discretion.
j) The Party of the Second Part shall fully cooperate with other contractors employed by the Party
of the First Part for associated plant and subsidiary as well as other similar activities and shall
Each Party shall give notice to the other of any change or acquisition of any address or telephone
number or FAX or similar number at the earliest possible opportunity but in any event within 48
hours of such change or acquisition.
IN WITNESS WHEREOF the parties hereto put their signatures on the date as written above.
2. 2.
SCHEDULE - (II)
i) Discuss preliminary examination of all technically accepted offers for arithmetical errors,
completeness of offer, EMD.
ii) List of arithmetical errors and corrected bid prices.
iii)Furnish details of all bids as Annexure-V.
Note: In case TC unable to conclude the NIT by placing the recommendation to place WO/ PO,
reason for such situation to be recoded and placed to TAA for perusal and necessary action if any.
List of Commercial Banks as per RBI (Source RBI Website dt. 08-06-2012)
Date………………….
(7)The executants has the power to issue this guarantee on behalf of the Guarantor and holds full
and valid power of Attorney granted in his favour by the Guarantor authorizing him to execute
the Guarantee.
(8)Notwithstanding anything contained herein above, our liability under this guarantee is
restricted to Rs. (Rupees only and our guarantee
shall remain in force upto and unless a demand or claim under the
guarantee is made on us in writing on or before all your rights under the
guarantee shall be forfeited and we shall be relieved and discharged from all liabilities there
under.
WE, Bank lastly undertake not to revoke this guarantee during the
currency except with the previous consent of the Corporation in writing. In witness whereof we
have set and subscribed our hand on this
day of .
2)
(Name & address in full with Rubber Stamp)
*Mention the relevant along with reference number.
Delete the terms which are not applicable. Each page of B.G. to be signed by the executant with
common Bank stamp and date.
the presence of the following two witnesses, this Integrity Pact is being executed between:
AND
hereinafter referred to as “The Bidder/Contractor” (which expression shall include all its
partners/directors, agents, legal or other representatives, servants, subcontractors (wherever
permitted or permissible) and successor in interest and all persons claiming through it).
Whereas it has been directed by the Damodar Valley Corporation, Principal and the Central
Vigilance Commission, New Delhi that all undertakings and/or other concerns of the Principal
shall execute an Integrity Pact with contracting parties/bidders in all forthcoming contracts/tender
processes above the prescribed value of Rs. 15 Crore, it is necessary to execute an Integrity Pact
between such parties. Pursuant thereto, the present Integrity Pact is being executed.
Whereas the DVC intends to award, under laid down organisation procedures, contract(s) for
………………………………………………………………………….. DVC values full
compliance with all relevant laws and regulations, and the principles of economic use of
resources, and of fairness and transparency in its relations with its bidder(s) and contractor(s).
Whereas in order to achieve these goals, the DVC cooperates with the renowned international
Non Governmental Organisation “Transparency International” (TII). Following TII’s national
and international experience, the DVC will appoint External Independent Monitor(s) who will
monitor the tendering process and the execution of the contract for compliance with the principles
mentioned above.
SECTION-I
COMMITMENTS OF DVC
DVC commits itself to take all measures necessary to prevent corruption and unethical practices
and bring transparency in all processes through the following commitments:
1. No employee and/or Official of DVC shall, whether personally or through their family
members and/or their agents or legal representatives, and in connection with the tender or in
execution of the contract, demand any gratification and/or enter into any agreement, promise or
any other arrangement for deriving any benefits, whether monetary or otherwise which he is not
legally entitled to.
2. DVC shall, during the tender process treat all bidders/contractors at par and provide them with
equal opportunities in all matters.
3. DVC shall, before and during the tender process, provide all bidder(s)/contractor(s) with the
same information and shall not provide to any bidder(s)/contractor(s) any confidential and/or
additional information through which such bidder(s)/contractor(s) could obtain an advantage in
the tender process or at the time of execution of the contract.
4. DVC shall exclude any employee(s) and/or official(s) who is found prejudiced and/or in
conflict with the interests of the company in his dealings with any bidder(s) and/or contractor(s).
5. DVC shall take disciplinary action as per its prescribed Rules, and also under the relevant
provisions of the Indian Penal Code/the Prevention of Corruption act and other anti-corruption
laws in India, against any of its officials and/or employees found guilty of breach of commitment.
DVC shall also inform the Chief Vigilance Officer and in addition can initiate disciplinary action
against the offender/suspected offender.
SECTION-II
The bidder/contractor commits himself to take all necessary measures to prevent any form of
during the tender process and also during the execution of the contract including the following:
Also, the Bidder/Contractor shall not enter into any agreement and/or arrangement with any
employee and/or official of DVC for any of the aforesaid purposes.
2. The Bidder/Contractor shall not enter into any undisclosed agreement, undertaking and/or
arrangement with any other bidder(s)/contractor(s), whether formally or informally, in respect of
matter pertaining to prices, specifications, certifications, subsidiary contracts, submission or non-
submission of bids or any other actions to restrict competitiveness or to introduce cartelization in
the bidding process.
3. The Bidder/Contractor .shall not commit any offence punishable under the Indian Penal
code/Prevention of Corruption Act or any other relevant Anti-corruption laws in force in India.
4. Further the Bidder/Contractor shall not use improperly or pass on to others, any information or
document provided by DVC as part of their, business relationship, regarding any plans, technical
proposals and business details, including information contained and/or transmitted electronically,
for purposes of competition or personal gain.
5. The Bidder/Contractor shall, while presenting his bid disclose any and all payment made by
him, or to which proposes or intends to make to his agents, brokers or any other intermediaries in
connection with the award of the contract. He shall also disclose any agreement and/or
arrangements entered into by him for the aforesaid purposes.
6. If the Bidder/Contractor is of foreign origin, he shall disclose the name and address of his
Agents/Representatives in India. If the Bidder/Contractor is of Indian Nationality, he will furnish
the name and address of his foreign principals, if any. The Bidder/Contractor shall comply with
the disclosure requirements specified in the General Guidelines on the Indian Agents of Foreign
Suppliers.
9. The Bidder/Contractor shall not instigate any third persons(s) to commit any offences in
relation to any of the matters mentioned above or be an accessory to any such offence.
10. Company code of Conduct – The Bidder/Contractor is advised to have a company code of
conduct which clearly rejects the use of bribes and other unethical means whether monetary or
otherwise, and adopts a compliance programme for implementation of the code of conduct
throughout the company.
11. The Bidder/Contractor shall immediately inform DVC if at any point of time such
bidder/contractor is asked to pay any illegal gratification or bribe in violation of this Integrity Pact
by any person employed by DVC or such illegal offer comes to the knowledge of the
Bidder/Contractor.
12. The Bidder/Contractor shall not do any act, by way of commission or omission, which may
defeat the spirit behind the present Integrity Pact.
SECTION-III
1. A ‘transgression’ is said to have occurred if DVC after due consideration of the available
evidence, concludes that no reasonable doubt is possible.
2. If the Bidder/Contractor, before the award or during the execution of contract has committed a
transgression through a violation of section-II above, or in any other form such as to put his
reliability or credibility as bidder/contractor into question, DVC shall be entitled to disqualify
such bidder/contractor from the tender process or to terminate the contract, if already signed, for
such reason.
b. The severity shall be determined by the circumstances of the case, in particular the number of
transgressions, the position of the transgressor within the company, hierarchy of the
bidder/contractor and the amount of the damage.
c. The exclusion will be imposed for a minimum of ...….. months and maximum of ……… years.
4. The Bidder/Contractor accepts and undertakes to respect and uphold DVC’s absolute right to
resort to and impose such exclusion and further accepts and undertakes not to challenge or
question such exclusion on any ground including the absence of an opportunity of being heard
before the decision to resort to such exclusion is taken. This undertaking is given freely and after
obtaining independent legal advice.
SECTION-IV
1. If DVC disqualifies the Bidder/Contactor from the tendering process prior to award of contract
in accordance with section 3 mentioned above, DVC shall be entitled to demand and/or recover
from the Bidder/Contractor, liquidated damages equivalent to the amount or Earnest Money
Deposit/Bid Security.
2. If DVC terminates the contract, or becomes entitled to terminate the same in accordance with
section-III, then DVC shall be entitled to demand and recover from the Contractor liquidated
damages equivalent to the security deposit/performance Bank Guarantee, and if the amount of
damage exceeds the amount of Security Deposit and Performance Bank Guarantee, then DVC
shall be entitled to recover the balance amount of damage from the Bidder/Contractor either in
cash or from the amount payable and due from such Bidder/Contractor in other contracts being
executed by him with DVC.
SECTION-V
PREVIOUS TRANSGRESSION
2. If the Bidder/Contractor makes any incorrect statement on the subject mentioned in the
subsection (1) above, then he shall be liable for disqualification from the tendering process or the
contract, if already awarded, can be terminated for such reason and compensation for damages
caused shall be paid by the contractor/bidder as per section 4 above.
SECTION-VI
INDEPENDENT MONITORS
1. DVC or any other person authorized by DVC may/shall appoint Independent External
Monitor(s) for the “pact”, who should be suitably qualified and experienced and of impeccable
integrity.
2. The decision taken by DVC or any person authorised by DVC in the matter of appointment of
the Independent External Monitor as above shall be, final and conclusive and shall be agreeable
to both parties. Such a decision shall not be amenable to any challenge on any ground
whatsoever.
3. The Independent External Monitor(s) (IEM) appointed as above shall oversee the
implementation of the Integrity Pact independently and objectively maintaining absolute
neutrality.
4. The IEM(s) shall not have any administrative or enforcing powers. He shall only be entitled to
submit his non-binding suggestions and/or recommendations to the management of DVC to
discontinue, or to take corrective action, or to take any other relevant action, whenever any
violation of and/or deviation from any of the conditions of the Integrity Pact is observed/noted by
him.
5. The Bidder/Contractor accepts that the IEM(s) shall have the right to access without restriction
all project documentation of DVC as well as of the Contractor/Bidder. The Bidder/Contractor will
also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and
6. If the Monitor reports to DVC a substantiated suspicion of an offence under relevant IPC/PC
Act and anti-corruption laws of India and DVC does not, within a reasonable time takes visible
action to proceed against such offence or reported it to Chief Vigilance Officer, the IEM may also
transmit this information directly to the Central Vigilance Commissioner, Government of India.
7. DVC shall provide to the IEM(s) sufficient Information about all the meetings among the
parties related to the project provided such meeting would have an impact on the contractual
relations between DVC and the Contractor, to enable him to participate in those meetings.
SECTION VII
1. The Bidder/Contractor undertakes to demand from all sub-contractors a commitment that they
shall conform to this Integrity pact, and they shall submit such undertaking to DVC before
signing of the contract.
2. DVC shall enter into agreements with identical conditions as this one with all bidders,
contractors and subcontractors.
3. DVC shall disqualify from the tender process all bidders/contractors who do not sign this pact
or violate its provisions.
SECTION-VIII
SECTION- IX
OTHER PROVISIONS
2. Changes and supplements as well as termination notices need to be made in writing. Side
agreements have not been made.
3. If the contractor is a partnership or consortium, this agreement must be signed by all partners or
consortium members.
4. Should one or several provisions of this agreement turn out to be invalid, the remainder of this
agreement remains valid. In this case, the parties will strive to come to an agreement to their
original intentions.
5. The Agreement shall come into force from the moment DVC and the Bidder/Contractor sign it
and it shall be in force for a period of 12 (twelve) months after the last payment is made, and for
all other bidders 6 (six) months after award of the contract. If any claim is lodged during this time
the same shall be binding and continued to be valid despite the lapse of the pact as specified
above.
6. DVC shall periodically appraise the effectiveness of the Integrity Pact by conducting an overall
review with the concerned executives and the Bidder/Contractor.
Witness 1:
CERTIFICATE NO. CC – 01
NAME OF PACKAGE :
LETTER OF AWARD/CONTRACT NO.:
DATED :
NAME OF CONTRACTOR:
PROJECT:
This is to certify that amendments have been issued to the aforesaid Contract as per the details
mentioned below:
1.
2.
3.
4.
5.
Date : Signature……………….
Place: Name…………………..
Designation…………….
CERTIFICATE NO. CC - 02
NAME OF PACKAGE :
LETTER OF AWARD/CONTRACT NO.:
DATED :
NAME OF CONTRACTOR:
PROJECT :
This is to certify that we have received all the drawings which were to be submitted by the
Contractor, in requisite number along with the reproducible (or electronic form – as applicable),
as detailed in Annexure enclosed herewith, as per provisions stipulated in the above mentioned
LOA/ Contract.
Date : Signature……………….
Place: Name…………………..
Designation…………….
CERTIFICATE NO. CC - 03
NAME OF PACKAGE :
LETTER OF AWARD/CONTRACT NO.:
DATED :
NAME OF CONTRACTOR:
PROJECT :
This is to certify that the QA Documents as per the list enclosed (Annexure-I), in respect of the
above mentioned LOA/ Contract has been received in line with the provisions of the Contract.
Date : Signature……………….
Place: Name…………………..
Designation…………….
CERTIFICATE NO. CC - 04
NAME OF PACKAGE:
LETTER OF AWARD/ CONTRACT NO.:
DATED:
NAME OF CONTRACTOR:
PROJECT:
This is to certify that we have received from the Contractor all the necessary O&M Manuals in
requisite number, including the list of spare parts alongwith the names of vendors, in respect of
the above LOA/Contract. The consolidated list of such Manuals received is enclosed at
Annexure-I alongwith the distribution as marked in the list.
Date : Signature……………….
Place: Name…………………..
Designation…………….
CERTIFICATE NO. CC - 05
NAME OF PACKAGE :
LETTER OF AWARD/ CONTRACT NO. :
DATED :
NAME OF CONTRACTOR:
PROJECT :
1. This is to certify that the scope of the above Contract has been completed in line with the
Contract read in conjunction with the following documents:
4. Measurement Book
2. It is further certified that the following have been supplied, as per the details given in the
Contract Documents and the same have been taken over by DVC.
1. Mandatory Spares
2. Recommended Spares
Date : Signature……………….
Place: Name…………………..
Designation…………….
CERTIFICATE NO. CC - 06
NAME OF PACKAGE :
LETTER OF AWARD/ CONTRACT NO.:
DATED :
NAME OF CONTRACTOR:
PROJECT :
This is to certify that the issue regarding liquidated damages for delay as per the provisions of
clause of the above Contract/ LOA has been resolved with the approval of the
Competent authority vide reference (copy enclosed).
Date : Signature……………….
Place: Name…………………..
Designation…………….
CERTIFICATE NO. CC - 07
NAME OF PACKAGE :
LETTER OF AWARD/ CONTRACT NO.:
DATED:
NAME OF CONTRACTOR:
PROJECT:
This is to certify that the following shortfall in equipment performance as compared to the
guaranteed parameters have been assessed and agreed to with the Contractor in respect of the
above mentioned LOA/ Contract.
Further, it is also confirmed that liquidated damages for shortfall in equipment performance in
respect of above Items, have been recovered fully from the Contractor and no other dues are
outstanding for shortfall in equipment performance.
Date : Signature……………….
Place: Name…………………..
Designation…………….
Date : Signature……………….
Place: Name…………………..
Designation…………….
Note: Any special Documents to be enclosed.
CERTIFICATE NO. CC - 08
NAME OF PACKAGE:
LETTER OF AWARD /CONTRACT NO.:
DATED:
NAME OF CONTRACTOR:
PROJECT:
This is to certify that the materials issued to the Contractor in respect of the above mentioned
LOA/Contract have been reconciled with the stipulations under the Contract Documents and no
other recovery of material is pending with the Contractor.
Date : Signature……………….
Place: Name…………………..
Designation…………….
TO BE COUNTER SIGNED BY MATERIALS MANAGEMENT
Date : Signature……………….
Place: Name…………………..
Designation…………….
CERTIFICATE NO. CC - 09
NAME OF PACKAGE :
LETTER OF AWARD/ CONTRACT NO.:
DATED :
NAME OF CONTRACTOR:
PROJECT :
This is to certify that all the payments released to the Contractor in respect of the abovementioned
LOA/Contract have been reconciled with the provisions of the Contract Documents and statement
of Accounts and or other Certificates of Contractor. It is observed that there are no recoveries
pending under any of the items noticed and listed below:
List of Items:
1. ……………
2. …………….
3. …………….
4. …………….
Date : Signature……………….
Place: Name…………………..
Designation…………….
Enclosure to CC-09
The list of recoveries and claims as advised by Site Erection should include all recoveries and
claims on any account whatsoever, including the following:
1. Liquidated damages for delay.
2. Liquidated damages for shortfall in Performance as observed during shop-testing (by
inspection deptt.)
3. Liquidated damages for shortfall in performance as observed during performance guarantee
tests conducted at site and other site tests.
4. All recoveries /claims on account of variations/deviations to scope of contract permitted or
otherwise taken place during execution of the contract as listed as certificate No. CC-05 for
contract closing (Certificate by site Erection for contract closing).
5. Recoveries on account of reconciliation of payments made under the contract.
6. All the claims against the contractor regarding clearance of materials from site and vacation
of the premises allotted for site office, stores.
7. All claims in respect of Training/Transportation/Accommodation/Services provided by site
in respect of above LOA/Contract.
8. Recoveries on account of settlement of insurance claims
9. Recoveries on account of reconciliation of materials issued to the Contractor.
10. All recoveries on account of demurrage, transportation, insurance premiums etc. and other
recoveries as informed by T&CC group on account of port clearance, transportation etc.
11. All recoveries on account of wastage and scrap.
12. All recoveries/claims (if any) on account of maintenance of equipments.
13. All recoveries/claims (if any) on account of price variation.
14. All recoveries/claims (if any) on account of statutory dues paid on behalf of the Contractor
by DVC.
15. Royalty charges.
16. All recoveries/ claims (if any) on account of hiring out of DVC’s plant and equipment.
17. All recoveries/claims (if any) on account of water and electricity charges (if applicable)
18. Any other recoveries/claims against specific instructions.
CERTIFICATE NO. CC - 10
NAME OF PACKAGE :
LETTER OF AWARD/ CONTRACT NO.:
DATED :
NAME OF CONTRACTOR:
PROJECT :
This is to certify that we have made all labour payments including PF Liabilities in respect of the
above mentioned LOA/ Contract and no other payments in this regard is pending from us.
Further, we confirm that all Statutory requirements have been complied with by us and in case
any default is reported against us, we shall be solely responsible for the same.
Date : Signature……………….
Place: Name…………………..
Designation…………….
CERTIFICATE NO CC--11
NAME OF PACKAGE :
LETTER OF AWARD/ CONTRACT NO.:
DATED :
NAME OF CONTRACTOR:
PROJECT :
We, M/s.............................................................................. (Contractor) do hereby acknowledge
and confirm that we have received the full and final payment due and payable to us from DVC in
respect of our aforesaid LOA/Contract No......................................
dated.................................including amendments, if any, issued by DVC to our entire satisfaction
and we further confirm that we have no claim whatsoever pending with DVC , under the said
Contract
Notwithstanding any protest recorded by us in any correspondence, document, measurement
books, and/or final bills etc., we waive all our right to lodge any claim or protest in future under
this contract.
We are issuing this “NO DEMAND CERTIFICATE” in favour of DVC with full acknowledge
and with our free consent without any undue influence, misrepresentation, coercion etc.
-----------------------------------------
Signature
------------------------------------------
NAME
------------------------------------------
DESIGNATION
-----------------------------------------
COMPANY SEAL
(This Certificate shall be accompanied by the Power of Attorney of the Signatory)
CERTIFICATE NO. CC - 12
NAME OF PACKAGE :
LETTER OF AWARD/ CONTRACT NO.:
DATED :NAME OF CONTRACTOR:
PROJECT :
This is to certify that the Warranty period for the above mentioned LOA/Contract has been
completed in line with the provisions of the Contract.
Date : Signature……………….
Place: Name…………………..
Designation…………….
CERTIFICATE NO. CC - 13
NAME OF PACKAGE :
LETTER OF AWARD/ CONTRACT NO.:
DATED :
NAME OF CONTRACTOR:
PROJECT :
This is to certify that all the *Bank Guarantee/Indemnity bonds / Insurance policies /
Collaborator's or Associate's Guarantee, received for the abovementioned LOA/Contract, have
been returned in original to the Contractor.
Date : Signature……………….
Place: Name…………………..
Designation…………….
Sub :’
Dear Sirs,
We offer to supply the materials as per our offered bill of quantity in accordance with the conditions of the
NIT document as available in the website. The details of the application fee/cost of Tender document and
EMD being submitted by us has been furnished on-line.
I/We are a Micro/ Small Enterprise covered under the provision of Micro Small and Medium
Enterprises Act’2006 and registered with the authority of the State Government.
OR
I/We are not covered under the provision of Micro Small and Medium Enterprise Act, 2006
This Bid and our written acceptance of it shall constitute a binding contract between us. We understand that
you are not bound to accept the lowest or any bid you receive.
We hereby confirm our acceptance of all the terms and conditions of the NIT document unconditionally.
Yours faithfully,
(Signature of Bidder OR
Authorised person of bidder OR
DSC Holder bidding online with authorisation from bidder)
(for genuineness of the information furnished on-line and authenticity of the documents
produced before Tender Committee for verification in support of his eligibility)
AFF ID AVIT
8. I/We have never been banned or delisted by any Govt. or Quasi Govt. Agency or any
Public Sector
Undertaking.
OR
OR
I/We are not covered under the provision of Micro Small and Medium Enterprise Act, 2006
Dated:
Signature and Seal of Notary
EQUAL or NON-
9 FALSE
MORE than COMPLIED
AGREED or NON-
1 AGREE FALSE
DISAGREED COMPLIED
NON-
YES or NO YES FALSE
COMPLIED
EQUAL or NON-
9 FALSE
LESS than COMPLIED
AGREED or NON-
2 AGREE FALSE
DISAGREED COMPLIED
NON-
YES or NO YES FALSE
COMPLIED
NON-
BETWEEN 2 9 FALSE
COMPLIED
AGREED or NON-
3 AGREE FALSE
DISAGREED COMPLIED
NON-
YES or NO YES FALSE
COMPLIED
NON-
YES or NO YES FALSE
COMPLIED
NON-
4 YES or NO YES FALSE
COMPLIED
NON-
YES or NO YES FALSE
COMPLIED
NON-
YES or NO YES FALSE
COMPLIED
NON-
YES or NO YES FALSE
COMPLIED
4
NON-
YES or NO YES FALSE
COMPLIED
NON-
YES or NO YES FALSE
COMPLIED
Deviation
5 Item 5 1 YES SELECT
Withdrawl
***PLEASE ENTER THE DETAILS AS PER THE INFORMATION AND DOCUMENTS YOU HAVE W.R.T. YOUR OFFERED ITEM/S
PRICE SCHEDULE
S Item Ite Ten Unit Esti Ba Packi Ex E V Fre Insu E Any Cost Loss Rat
l Descripti m dere of mate sic ng & cis d A igh ranc nt Oth of Capita e
. on * C d Mea d Pri Forw e u T/ t e (in ry er With lisatio incl
N od Qua sur Rate ce ardin Du C C % Rs.) Ta Cha draw n usiv
o e/ ntity e* in Ex g% ty es S x rge l (Ins Charg e of
. M * Rs. - % s T (in s Rs.) e (Ins all
* ak W % % R ( IN Rs.) Tax
e* or s.) RS. es/
ks ) Duti
(pe es
r ( in
uni Rs)
t)
( in
Rs
.)
A B C D E F G H I J M P Q R
K L N O
0.00
0.00
0.00
TOTAL 0.00
NOTE: Bidder may note that Techno-commercial Deviation Schedule bid containing deviations without cost of withdrawal,
Price shall be considered as unresponsive offer and will be out rightly rejected. Bidders are requested to be filled up the
column(Q) of cost of withdrawal in the price bid, will be taken into consideration for the purpose of bid evaluation
Name of Work:
Contract No:
SCHEDULE OF WORKS
(This Works template must not be modified/replaced by the bidder and the same should be uploaded after
filling the relevent columns,
else the bidder is liable to be rejected for this tender. Bidders are allowed to enter the Bidder Name and
Values only)
Bidder Name :
Figures Words
Know all men by these presents that we…………………………………………………., all carrying on business at
present in Joint Venture under the name and style of having its office at…………………………....…………………….,
do hereby nominate, constitute and appoint Shri…………………………………….S/0…………………………………….by
Caste………………………………… by Occupation…………………………………at present residing
at……………………………..as the Constituted Attorney for and on behalf of our said Jo9nt Venture firm to do
inter alia the following acts, deeds and things:-
Whereas, the members of the Joint Venture…………………………..(herein after name of JV) having its office
at………………………………………….are interested in bidding for the Project and implementing the Project in
accordance with the terms and conditions of the Bid Document and other connected documents in
respect of _________________the Project, and
Whereas, it is necessary for the members of the Joint Venture to designate someone with all necessary
power and authority to do for and on behalf of the Joint Venture all acts, deeds and things as may be
necessary in connection with the Joint Venture’s bid for the Project or in the alternative to appoint
someone, who would have all necessary power and authority to do all acts, deeds and things on behalf of
the Joint Venture, as may be necessary in connection with Joint Venture’s Bid for the Project.
Whereas DVC________________________ has invited Bid for the Work “EVACUATION AND NUISANCE
FREE TRANSPORTATION OF ASH FROM ASH POND OF ______________________ AND DISPOSAL OF THE
SAME IN ABANDONED OPEN CASE MINES OF ECL” against Tender Notice No.
_____________________________
And we the undersigned do hereby and at all times hereinafter shall ratify and confirm all and
whatsoever other act or acts our said Attorney shall lawfully and bonafide do or acts to be done by virtue
of these presents.
In witness where of we have here unto set and subscribe our respective hands and seal
this___________________________Day of ____________________________2013.
Witness: ___________________
Signed for and behalf of
1) Name:
2) ___________________
Signed for and on behalf of
Name:
Signature of Power of Attorney Holder is attested hereby
_______________________________
Signature of Power of Attorney Holder
_______________________________
Signature of person signing this Power
Of Attorney for Joint Venture above
W& P Manual – 2012 Page 292
LIST OF RELEVANT OM / CIRCULARS.