under reference the same shall be passed on to the GETCO without any further claim to that effect from

GETCO 35.1.2 The price should be quoted Exclusive of excise duty and in single slab only. Multiple excise duty slabs based on turn over/production capacity should not be quoted and if quoted, then the highest slab for evaluations will be considered. if the Excise duty is based on the suppliers turnover then in that event all the Excise duty beyond the Excise duty quoted by the Tenderer will have to be borne by the Tenderer itself. The excise duty rate for the quoted quantity should be stated extra. The offers having price INCLUSIVE OF EXCISE DUTY is likely to be rejected if the rate of excise duty is not mentioned clearly. The Corporation may at its discretion consider such offer with presumption of highest rate of excise duty prevailing when the price quoted is inclusive of Excise Duty. Please clarify whether Excise Duty is chargeable or not and the ceiling for the same must be clearly specified to enable us to evaluate suppliers offer. In case, Govt. revises the rate of excise duty during the tenure of the contract, the provision of Corporations statutory variation clause shall apply. 35.2 The prices quoted shall be all inclusive of freight, transportation, loading, unloading & stacking at site of materials supplied by Contractor as well as owner supplied item if any. No extra payment toward any type of templates and erection tools /materials will be made. SALES TAX/VAT:-The prices should be quoted inclusive of sales tax/ VAT CST or VAT to be indicated. The rate of tax (CST or VAT) should clearly be indicated. However, in the breakup of end cost, sales tax/VAT has to be shown separately. The stores are required for consumption in generation, transmission and distribution of electrical energy and as such Central C form will be issued at the time of payment of bills, you are requested to quote your sales tax reHybridtration Number / VAT ReHybridtration No and date in all the bills. As per the Government of Gujarat directives, while evaluating your offer incidence of sales tax will not be considered. Sale Tax on Works Contract: Works contract tax is a liability of the bidder and if applicable, the same shall be borne by the bidder. In case of contract value exceeding Rs. one crore, tax shall be deducted at source at 2% of the net value payable as per Gujarat VAT Act 2003 amended up to date. However, if contractor desires payment without deduction of 2% TDS, he has to obtain and produce certificate from competent authority of commercial tax department to that effect.. 35.7 E.D. / ST amount ceiling: Bidder shall also confirm that the total claim of excise duty and sales tax/VAT shall not exceed the amount indicated in the price bid. 35. 8 Service Tax: Service Tax as applicable presently to this Contract will be included in the price; however the percent of Tax applied on this account shall be specifically mentioned in the bid. If the tax is not eventually payable or there is a difference between the rate mentioned in the bid & service tax actually payable then such amount or difference in payment amount shall be deducted from the actual amount payable towards that item in the price schedule. 35.9 Statutory Variations:

35.3 35.4

35.5 35.6

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Any statutory increase or decrease in the taxes and duties subsequent to offer if it takes place within the original contractual delivery date will be to the GETCOs account subject to the claim being supported by documentary evidence. However, if any decrease takes place after the contractual delivery date, the advantage will have to be passed on to the GETCO. However such statutory variation is applicable to only direct supply or services. No statutory variation shall be admitted, if the excise duty becomes payable because of exceeding the prescribed limits for turn over or for any such other reasons.. 35.10 Income Tax Income-tax at source at the prevailing rate will be deducted from bills in accordance with the provision of Income-Tax Laws and to that effect a certificate will be issued to the contractor. 36.0 36.1 CONTRACT PERFORMANCE GUARANTEE As a contract performance security, the successful bidder, to whom the work is awarded, shall be required to furnish a performance guarantee as per clause No. 38 in form of Bank guarantee from a Public Sector Indian bank/Scheduled, Commercial Bank in the form to be furnished and it shall guarantee the faithful performance of the Contract in accordance with the terms and conditions specified in these documents and specifications. The Performance Guarantee shall cover additionally the following guarantees to the Owner: a) The successful Bidder guarantees the successful and satisfactory operation of the equipment furnished and erected under the Contract, as per the specifications and documents. b) The successful Bidder further guarantees that the equipment provided by him/his sub-vendors and installed by him shall be free from all defects in design, material and workmanship and shall upon written notice from the Owner fully remedy free of expenses to the Owner such defects as developed under the normal use of the said equipment within the period of guarantee specified in the relevant clause of the General Terms and Conditions in the Part-I.

36.2

36.3 The Contract Performance Guarantee is intended to secure the performance of the entire contract. However, it is not to be construed as limiting the damages under clause entitled Equipment Performance Guarantee in Technical Specifications, Part-II and damages stipulated in other clauses in the Bid documents.

36.4

The Contract performance guarantee will be discharged without any interest on successful completion of order and only after the performance guarantee condition is fulfilled. The Contractor shall furnish Contract Performance Guarantee(s) for the proper fulfillment of the Contract in the prescribed form within fifteen(15) days of Notice of Award of Contract. The performance guarantee(s) shall be as per terms prescribed. GUARANTEES & LIABILITIES GUARANTEE The Contractor shall warrant that the whole project, in accordance with the Contract documents and free from defects in material/equipment and workmanship for a period of twenty four (24) calendar months commencing immediately upon the satisfactory commissioning of the project and issuance of Taking Over Certificate (TOC). The Contractors liability shall be limited to the replacement of any defective parts in the equipment of his own manufacture or those of his Sub-Contractors under normal use and arising solely from faulty design, materials and/or workmanship provided always that such defective parts are repairable at the site and are not in meantime essential in the commercial use of the equipment. Such replaced/defective parts shall be

37.0 37.1

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