E-TENDER DOCUMENT FOR

SUPPLY, INSTALLATION OF AIR CONDITIONERS AND STABILIZERS AT DIFFERENT REGIONS OF OMC, ODISHA

E-Procurement Notice

NIT No. OMC/MAT/E-PROC/02/19 Dtd. 02.02.2019 1. Name of the work : Supply, installation & commissioning

of 109 nos. of different types of Inverter Split and window Air Conditioner alongwith 54 nos. of 4KVA stabilizer at different Regions of OMC, Odisha

2. Date of availability of bid document in the portal

: 05.02.2019 to 27.02.2019 Up to 03:30PM

3. Last Date for online submission of bids in the portal

: 27.02.2019 up to 05:00PM

4. Date of opening of techno-commercial bids

: 28.02.2019 up to 11:00AM

OMC reserves the right to cancel any or all the tenders without assigning any reason thereof. Further details can be seen from the e-procurement portal tendersodisha.gov.in/ www.omcltd.in Any amendment /cancellation/ retender please refer to the above cited website.

General Manager (Material)

E-mail: omcmatho@orissamining.com

CHAPTER-1

INSTRUCTION TO THE BIDDERS FOR E-PROCUREMENT

a. The e-procurement portal of Govt. of Odisha (tendersodisha.gov.in) shall be

used for the tendering process.

b. Tenders will be published in the state e-procurement portal by authorized

executives of OMC with Digital Signature Certificate (DSC) issued with the

approval of the competent authority.

c. There shall be no sale of hard copies of tender from issuing offices. Tenders

can be accessed and downloaded by the prospective bidders on above

website. The tender can be downloaded by any prospective bidder from the

website free of cost.

d. The bid submission will start from the next day of the e-publication of NIT. The

download of tender may start immediately after e-publication of NIT and shall

continue till the last date and time of bid submission.

e. Registration/Enrolment of Bidder on e-procurement Portal.

In order to submit the Bid, the bidders have to get themselves registered

online on the e-procurement portal of State Govt. (tendersodisha.gov.in) with

valid Digital Signature Certificate (DSC). The online Registration of the Bidders

on the portal will be free of cost and one time activity only. The registration

should be in the name of bidder, whereas DSC holder may be either bidder

himself or his duly authorized person.

f. Procedure of bid submission using electronic payment of EMD by bidder.

i. The bidders have to logon to the Odisha e-procurement portal

(tendersodisha.gov.in) using his/her digital signature certificate and then

search and then select the required active tender from ‘Search Active

Tender” option. Now, submit button can be clicked against the selected

tender so that it comes to the “My Tenders” section.

ii. The bidders have to upload the required Prequalification/ Technical/

Financial bid, as mentioned in the bidding document.

iii. Then the bidders have to select and submit the bank name as available in

the payment options.

iv. A bidder shall make electronic payment using his/her internet banking

enabled account with designated Banks or their aggregator banks.

v. A bidder having account in other Banks can make payment using

NEFT/RTGS facility of designated Banks.

vi. Online NEFT/RTGS payment using internet banking of the Bank in which

the bidder holds his account, by adding the account number as mentioned

in the challan as an interbank beneficiary.

vii. Only after receipt of intimation at the e-procurement portal regarding

successful transaction by bidder the system will activate the ‘Freeze Bid

Submission’ button to conclude the bid submission process.

viii. System will generate an acknowledgement receipt for successful bid

submission. The bidder should make a note ‘Bid ID’ generated in the

acknowledgement receipt for tracking their bid status.

g. Only those bidders who successfully remit their Earnest Money Deposit (EMD)

on submission of bids would be eligible to participate on the tender/bid

process. The bidders with pending or failure payment status shall not be able

to submit their bid. Tender Inviting Authority, State Procurement Cell, NIC, the

designated Banks shall not be held responsible for such pendency or failure.

h. Designated Banks (SBI/ICICI/HDFC Bank) payment gateway are being

integrated with e-Procurement Portal of Government of Odisha

(tendersodisha.gov.in)

i. The bidder will have to accept unconditionally the online user portal

agreement which contains the acceptance of all the Terms and Conditions of

NIT including Commercial and General Terms and Conditions and other

conditions, if any, along with on-line undertaking in support of the authenticity

of the declarations regarding the facts, figures, information and documents

furnished by the Bidder on-line in order to become and eligible bidder. No

conditional bid shall be allowed/ accepted.

j. The bidder will have to give an undertaking online that if the information/

declaration/scanned documents furnished in support of the same in respect of

eligibility criteria is found be to be wrong or misleading at any stage, they will

be liable to be punitive action as decided by the OMC Management.

k. The bidder may seek clarification on-line within the specified period. The

tender publishing authority will clarify as far as possible the relevant queries of

bidders. The clarifications may be asked from the next day of e-publication of

NIT. The last date for seeking clarification will be up to 15 (fifteen) days before

the last date of submission of bid and the last date of giving clarification on-

line will be up to 7(seven) days before the last date of submission of bid. The

tender publishing authority will be responsible for giving the clarification

online within the prescribed time frame.

l. Corrigendum should be issued only in exceptional case. The corrigendum of

NIT will be possible on-line with respect to extension of date and address.

However, the extension of date for an event/activity will be possible only

before the expiry of earlier specified date and time for that particular event.

Pre-ponement of date for any event/ activity is not permitted. The scanned

copy of corrigendum notice is to be uploaded on the e-procurement Portal and

also on the portal where the original NIT has been published.

m. The bidder will submit their Techno Commercial Bid and Price bid on-line. No

off-line bid shall be accepted.

The bidder will be required to deposit EMD through ONLINE mode only.

In case of exemption of EMD, the scanned copy of document in support of

exemption will have to be uploaded by the bidder during bid submission.

n. The bidders will have to upload scanned copies of various documents (as per

DTCN) and all other documents as specified in NIT, in Cover-I and “Price-bid” in

Cover-II.

i. Technical Parameter Sheet: The Technical Parameter Sheet containing the

technical specification parameters for each tendered item will be in PDF

format (password protected) and will be uploaded during tender creation.

This will be downloaded by the bidder and the bidder has to furnish all the

required information in the said sheet. Thereafter, the bidder will upload

the same file during bid submission. The Technical Parameter Sheet which

is incomplete and not submitted as per specification given in DTCN will be

rejected.

ii. Price Bid: The price bid will be in BoQ format and will be uploaded during

tender creation. This will be downloaded by the bidder and the bidder will

quote the rates, taxes & duties etc. on this file. Thereafter, the bidder will

upload the same file during bid submission in cover-II. The price-bids of the

tenderers will have no condition. The price bid which is incomplete and not

submitted as per format or is a conditional Price Bid will be rejected.

iii. The GST for total quantity amount shall be entered in the respective rows

of Price bid format instead of single quantity.

o. Modification of the submitted bid shall be allowed online only before the

deadline of submission of tender and the bidder may modify and resubmit the

bid online as many times as the bidder may wish. Bidder may withdraw only

once their bids online within the end date of bid submission.

p. The Techno Commercial bid will be opened on the pre-scheduled date and

time of tender opening. The Techno Commercial bids (Cover-I) will de

decrypted on-line and will be opened by the “Bid Openers” with their Digital

Signature Certificates.

q. Tender will be opened on the pre-scheduled date irrespective of the number of

offers received. Even in case of receipt of single offer, the same is to be

opened for evaluation. In case no offers are received tender will automatically

be cancelled with competent approval.

r. Techno- Commercial evaluation of bids:

The techno commercial bids will be evaluated by the bid evaluating committee

based on the documents uploaded by the bidders. For this purpose all the

required parameters will be obtained from the bidders in an objective and

structured manner. Bidders will be required to upload scanned copy of various

documents as stipulated in the NIT for the evaluation process, document in

support of exemption of EMD for Technical Evaluation.

(i) Shortfall Document: If required OMC may ask for shortfall documents

during the evaluation of bids. These documents shall not be relating to

submission of EMD. Request for documents and the response shall be in

writing and no change in prices of the bid shall be sought, offered or

permitted. No modification of the bid or any form of communication with

OMC or submission of any additional documents, not specifically asked

for by OMC will be allowed and even if submitted, they will not be

considered by the purchaser.

These documents may be allowed to be uploaded within the specified

time period as specified by OMC.

The above documents will be specified on-line under the link “Upload

shortfall document” by Evaluator normally within 10 days of Technical-

bid(Part-I) opening, indicating the start date and end date giving 10 days

time for on-line submission by the bidder. The bidders will get this

information on their personalized dash board under “Upload shortfall

document/information” link. Additionally, information shall also be sent

by system generated e-mail and SMS, but it will be the bidder’s

responsibility to check the updated status/ information on their

personalized dash board at least once daily after opening of bid. No

separate communication will be made in this regard. Non-receipt of e-

mail and SMS will not be accepted as a reason of non-submission of

documents within prescribed time.

The bidder will re-upload the requested documents within the specified

period and no additional time will be allowed for on-line submission of

documents.

(ii) After the short listing of techno-commercially acceptable bidders as

above, the date and time of opening of price bid shall informed to the

shortlisted Bidder through system generated e-mail and SMS alert.

(iii) The price bid of the shortlisted 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 bide opening online

remotely on their personalized dash board under the link “Bid Opening

(Live)” and can see the price bid submitted by all shortlisted bidders.

(iv) A system generated comparative statement of landed cost; will be duly

checked and vetted by the associated officials, before the case is put up

for further deliberation by the appropriate level of Tender Committee.

(v) The EMD of unsuccessfully bidders will be refunded through online. The

EMD shall be refunded to the account from which it was debited.

(vi) The IP address of all the bidders who has participated in the bid along

with timing and date will also kept preserved in the system.

(vii) The bid validity period for all tenders will be 180 (one hundred eighty)

days from the date of opening of Tender.

s. Original copies of the documents, if required, should be produced/ submitted

at the time of opening/ evaluation of Technical bid.

t. Regarding operation of e-Tender procedure please visit website

tendersodisha.gov.in/ www.omcltd.in. Please note that further addendum/

corrigendum if any will be declared in same website.

u. OMC reserves the right to cancel any or all the tenders without assigning any

reason thereof.

EMD:

Sl. No.

Material Description Amount (in Rs.)

1. Supply, installation & commissioning of 109 nos. of different types of Split & window Air Conditioner alongwith 54 nos. of 4KVA stabilizer at different Regions of OMC, Odisha

50,000.00

The bidder will be required to submit EMD through ONLINE mode only. The bidder should follow the instructions for online payment available in the

e-procurement portal during processing of tender.

Amount towards EMD on submission of bids shall be collected in a separate

pooling account of Focal Point Branch called e-FPB of respective designated

banks at Bhubaneswar and the banks will remit the amount to respective

bidder’s account on receipt of instruction from Tender Inviting Authority

through refund and settlement of e-procurement system within two working

days from receipt of such instruction.

In case the EMD on submission of bid is forfeited, the e-Procurement portal

will direct the Bank to transfer the EMD value from the pooling Account of

State Procurement Cell to the registered account of the tender inviting

authority.

Bank will refund the tender EMD to the bidder, in case the tender is cancelled

before opening of the Bid as per direction received from Tender Inviting

Authority through e-procurement system.

In case of exemption of EMD the scanned copy of document in support of

exemption will have to be uploaded by the bidder during bid submission.

EMD furnished by all unsuccessful bidders will be refunded through online. If

the bidder withdraws or amends impairs or derogates from the tender in any

respect within the period of validity of its tender or award of contract, the

EMD will be forfeited.

Exemption of EMD shall be allowed to the bidders eligible for such exemption

as approved or permitted by the State/ Central Government. For such

exemption the bidder have to furnish the documentary evidence along with

the Bid. In case the bidder is exempted from depositing EMD, if awarded the

work, Security Deposit (SD) as per Point No: 8 of the Chapter 5 of this Tender

Document has to be deposited in shape of Bank Draft drawn on any

Nationalized Bank/ Scheduled Bank payable at Bhubaneswar in favour of The

Odisha Mining Corporation Limited before issuance of formal purchase order

and same shall be refunded after successful execution of the work

The EMD of unsuccessful bidders except the L-2 Bidder shall be returned

after selection of L-1 Bidder.

The EMD of L-2 bidder shall be returned after the LOI/Work order has been

issued to the L-1 bidder.

The EMD of L1 bidder shall be returned after the L-1 bidder has deposited

the ISD amount. If the L-1 Bidder fails to take up the work or fails to deposit

the ISD amount, the EMD shall be forfeited.

CHAPTER-2

1. ELIGIBILITY CRITERIA: (a) The bidder should be a manufacturer/Authorized dealer/Authorized by the

Manufacturer of Air Conditioners with minimum five years experience of

manufacturer/supplying of above materials to any organization.(Certificate of

incorporation into Air Conditioner business /Valid Dealership certificate/

Authorization copy of manufacturer as well as document in support of

five(5) years of experience to be produced as applicable)

(b) The Bidder may be a company or a Limited Liability Partnership(LLP) or a

partnership firm or a proprietorship firm or any other form of organization

having separate legal entity. Certificate of Incorporation along with copy off

Memorandum of Association (MOA) shall be attached in case of

Company/LLP. In case of partnership firm, proprietorship firm or any other

form of organisation having separate legal entity; copy of registration

certificate shall be attached

(c) The Manufacturer must have valid Authorization certificate to affix the latest

5 star level display vide Bureau of Energy Efficiency Regulation, 2017.

(d) The bidder must have minimum average turnover of value 20 lakhs or higher

within last three financial years. (Copy of Balance Sheet & Profit Loss

Account statement of FY 2015-16, 2016-17, 2017-18 to be produced with

bid)

(e) The bidder must accept our tender specifications, terms & conditions and

must not have been blacklisted by any competent court of law, forum or any

Govt/PSUs or statutory entities. (Completely filled &signed copy of

Annexure-D as in this tender is to be produced with bid)

(f) The bidder should have GSTN Registration Certificate.(Copy of PAN & GSTN

Certificate copy to be attached with bid)

(g) The must have submitted the required EMD online if not exempted as per

Govt. Law (Copy online submitted receipt, if exempted, copy of Valid

exemption Certificate issued by Govt. to be submitted)

(h) The Bidder must have filed Income Tax Return for the preceding three

Assessment Years, i.e. A.Y. 2016-17, 2017-18 & 2018-19. Copy of ITRs filed

shall be attached.

NB: All the documents in support of Eligibility Criteria should be scanned

chronologically & indicated in respect of each criteria.

CLARIFICATION OF BIDS:

To assist in the examination, evaluation and comparison of Bids, the OMC may at its

discretion, ask any Bidder for clarification of the Bidder’s Bid, including break-up of

unit rates. The request for clarification and the response shall be in writing.

CHAPTER-3

SCOPE OF SUPPLY, SERVICES AND COMPLETION PERIOD

1. BROAD SCOPE OF WORK

Supply, installation and commissioning of Air conditioners and Stabilizers

at respective mines/ sites as per below.

Air Conditioners

Sl. No. Description Qty Location 1. 1T Window AC (5 Star) 05

Head Office 2. 1T Inverter Split AC (5 Star) 05

3. 1.5T Inverter Split AC (5 Star) 10

4. 1.5T Inverter Split AC (5 Star) with 4KVA Stabilizer

22 Daitari Mines

5. 1.5T Inverter Split AC (5 Star) 30 Kaliapani Civil Division

6. 1.5T Inverter Split AC (5 Star) with 4KVA Stabilizer

20 Gandhamardan Mines

7. 1.5T Inverter Split AC (5 Star) 05 Bangur Mines 8. 1.5T Inverter Split AC (5 Star)

with 4KVA Stabilizer 06 Koira Regional Office

9. 1.5T Inverter Split AC (5 Star) with 4KVA Stabilizer

06 Khandadhar Mines

TECHNICAL SPECIFICATION

Air Conditioner- 1 Tonne 1. Star rating (BEE) : 5 Star (2018) 2. Type of AC : Inverter Split 3. Compressor Type : Rotary type 4. Warranty : Minimum 5 years for Compressor with

free gas charging including 01 year comprehensive

5. Power Source (V/Hz/Ø) : 230V/ 50Hz/ 1 Single 6. Remote control : Wireless with LED/ LCD display 7. Air filtering unit : Dust proof and anti-bacteria filter 8. Refrigerant type : ECO - Friendly (R-410A) 9. Condenser : Copper

Air Conditioner- 1.5 Tonne 1. Star rating (BEE) : 5 Star (2018) 2. Type of AC : Inverter Split 3. Compressor Type : Rotary type 4. Warranty : Minimum 5 years for Compressor with

free gas charging including 01 year comprehensive

5. Power Source (V/Hz/Ø) : 230V/ 50Hz/ 1 Single 6. Remote control : Wireless with LED/ LCD display 7. Air filtering unit : Dust proof and anti-bacteria filter 8. Refrigerant type : ECO – Friendly (R-410A) 9. Condenser : Copper

Voltage Stabilizer 1. Automatic Voltage Stabilizer Wall mount type with Time delay, High &

low voltage & Thermal overload protection. 2. Capacity : 4 KVA 3. Warranty : 1 year 4. Input voltage : 100-300 V 5. Output Voltage : 200-240 V 6. High Voltage Cut Off : 240 7. Efficiency : >95% 8. Frequency : 50Hz 9. Make : V-Guard/Elpower/Jyoti/Shakti

Window Type AC- 1 Tonne

1. Star rating (BEE) : 5 Star (2018) 2. Type of AC : Window 3. Compressor Type : Rotary type 4. Warranty : Minimum 5 years for Compressor

including 1 year comprehensive 5. Power Source (V/Hz/Ø) : 230V/ 50Hz/ 1 Single 6. Remote control : Wireless with LED/ LCD display 7. Air filtering unit : Dust proof and anti-bacteria filter 8. Refrigerant type : ECO - Friendly (R-410A) 9. Auto Restart : Yes

10. Dual protection filter : Yes 11. Anti Bacteria Filter : Yes

Installation terms & conditions: The bidder shall supply the standard accessories for installation as per their

standard, if any extra items needed during installation apart from their standard

package. The rate of extra items are to be submitted as per Annexure-E

alongwith the Technical Bid which shall not be taken into consideration during

L-1 bidder selection. But the selected L-1 bidder for supply & installation of AC

shall accept the lowest rate quoted by the bidders for extra items and supply

accordingly.

The bidder shall quote the installation charges separately in the price bid format

which shall be considered in L-1 bidder selection process.

OMC scope of Works

Clear site for installation of ACs shall be provided by OMC including the power

supply.

CHAPTER-4

PRICE, PRICE FALL CLAUSE, VALIDITY OF THE PROPOSAL, DELIVERY PERIOD

1. PRICE:

Prices should be quoted as per the price bid format/BoQ and should be

submitted online. But the price for extra materials (As in Annexure-E) must

be quoted in the hard copy and submitted along with the Technical bid.

The Bidder shall quote the total composite price and the prices needs to be

individually indicated against each item as per the Part-II (Price-Bid

format/BoQ). The details of the taxes/ duties break up are to be indicated

clearly against each item as per format. The bidder should calculate the total

GST and enter the value at appropriate place of BoQ/Price format in online

mode.

For the selection of L-1 bidder, the Total Price quoted for supply, installation

& commissioning of ACs along with supply & installation of stabilizers,

excluding GST shall be considered.

2. ESCALATION OF PRICE:

The rates quoted by the bidder shall remain firm & fixed during the entire

period of contract/supply order and shall not be subject to variation on any

account except on variation due to Govt. taxes and duties. The price

approved by the OMC for award of this contract will be inclusive of all levies,

taxes and duties.

3. RIGHT TO RISK PURCHASE:

If the seller/ supplier fail to fulfil the terms and conditions of the purchase

order, OMC shall have the right to procure the materials/ services from any

other party for execution/ completion of the contract and recover from the

supplier all charges/ expenses/ losses/ damages suffered by OMC at risk and

cost of the seller after giving 15 days’ notice to the seller. This will be without

prejudice to the rights of OMC for any other action including termination.

4. VALIDITY:

The offer will remain valid up to 180 days from the date of opening of tender.

5. DELIVERY PERIOD: The successful bidder has to complete the work in all respect within

02 months from the date of issue of purchase order.

6. Extending the delivery period without any penalty: Under the following Circumstances extension of delivery date may be considered.

(i) In absence of urgency of the requirement and delay involved has or will not cause any loss or inconvenience to the organization.

(ii) When the supply is delayed due to strike of Transporter, Factory or any such incident linked to production/supply of the item.

(iii) In case of any natural calamities occurring before the delivery date. (iv) In case of items where the supplier /manufacturer is dependent on

approval of advance sample/drawings or any clarification required is not submitted in time and delay occurs in approval time.

(v) When delay occurs in taking up pre despatch inspection at suppliers works by the nominated inspector.

(vi) Any other reason cited by the vendors supported by required documents if felt genuine by the management.

If extension of delivery date sought for in writing by the vendor is felt

genuine, the same may be considered after due approval of the competent

authority.

7. LIABILITY FOR ACCIDENTS AND DAMAGES

Under the contract the bidder shall be responsible for any loss or damage to

the supplied items or to the manpower deployed by the selected bidder or its

authorized agencies until the work is taken over by OMC after necessary

technical and legal compliance.

8. INITIAL SECURITY DEPOSIT(ISD) & PERFORMANCE SECURITY/GUARANTEE:

The bidder shall have to deposit an ISD equivalent to 5% of the contract value

excluding Taxes and duties within 15 days of issue of LOI/P.O., whichever is

earlier. The ISD shall be in form of DD. The ISD shall be for satisfactory

completion of the work awarded in the P.O. The ISD shall be forfeited in case

the Agency fails to fulfill its obligations under the contract or any statutory

obligations. The ISD shall be released to the Agency after completion of

supply at the time of release of last 20% payment.

If the ISD is not submitted within 15 days from issue of PO or LOI, whichever is earlier, then the EMD of the successful bidder shall be forfeited by OMC and the contract may be rescinded at the option of OMC.

The Micro & Small Enterprises shall be exempted from payment of Security

Deposit by facilitating them to pay the prescribed Security Deposit as per the

latest prevailing Govt. notification which is to be produced by the bidder.

The Agency shall submit a performance Bank Guarantee in shape of DD/BG

or any other prescribed mode amounting to 10% of the contract value before

release of last 20% of Bill Value. In case of BG, it should be operable/

executable for invocation at any Nationalized Bank/ Sceheduled Commercial

Bank at Bhubaneswar. The BG shall be in OMC format. The BG shall be

towards the successful execution of the contract and Performance Guarantee

obligation of the Equipment/ System and satisfactory compliance of the

statutory obligations applicable to this work. The Bank Guarantee shall

remain valid till the expiry of the guarantee/ warrantee period. On breach of

conditions of the contract or agency, the performance guarantee shall be

invoked by OMC with approval of competent authority.

The performance Bank guarantee shall be released after successful

completion of warranty/ guarantee period certified by the concerned

Regional Manager and concerned officer at H.O. and on satisfactory

compliance of statutory obligations under the contract.

CHAPTER-5

PAYMENT TERMS, TAXES & DUTIES

1. SUPPLY, INSTALLATION & COMMISSIONING OF 109 NOS. OF DIFFERENT TYPES OF SPLIT & WINDOW AIR CONDITIONER ALONGWITH 54 NOS. OF 4KVA STABILIZER AT DIFFERENT REGIONS OF OMC, ODISHA

1.1 80% of the cost of supply of ACs and Stabilizers along with applicable

GST shall be released at Head Office after delivery at respective site, on

submission of following documents:

a) Tax Invoice in triplicate duly certified by the respective site personnel responsible for receipt, verification and stock entry of the goods and counter signed by the concerned Regional Manager recommending release of payment against the Invoice. Invoice shall be raised as per GST Act & Rules.

b) Delivery Challan. c) Approved OEM warrantee Certificate. d) Inspection /acceptance certificate.

1.2 Balance 20% of the cost of supply and 100% of the installation charges

alongwith applicable GST shall be release at Head Office after

successful installation & commissioning on submission of installation

certificate obtained from the concerned Regional Offices of OMC and a

performance Bank Guarantee equivalent to 10% of the value of the

P.O. excluding GST in OMC BG Format. The BG should have validity till

completion of warrantee period of five years.

Any extra item (mentioned at Annexure-E) used shall be jointly certified by the technical person of the Agency doing the Installation and the concerned officer of OMC supervising the Installation work.

The PBG should be issued by any Nationalized/Scheduled commercial

Banks in OMC format which shall be valid till completion of the

warranty period along with claim period of two months & all claims will

be settled at Bhubaneswar only.

1.3 TDS under IT Act and any other Act as applicable & statutory

deductions as per Govt. norm shall be deducted from the bills. All bills

are to be submitted as per relevant Rules as applicable.

1.4 No advance payment in any form will be made.

1.5 Part payment provision may be considered on supply, installation on

submission of required documents.

2. TAXES & DUTIES:

Taxes and duties in percentage and also specified amount should be clearly

mentioned in the price bid format. Variation of taxes and duties if any, by

the Govt. or statutory authority after tender date shall be allowed to the

bidder pertaining to this work. Variation in taxes & duties during contractual

completion period shall only be considered.

3. GST Clause

i) The Successful Bidder should have registration under GST Acts.

ii) The Successful Bidder has to raise Invoice as required under section

31 of the GST Act and relevant Rules made there under.

iii) The Invoice should contain the following particulars as required under Rule 46 of CGST Rules.

Name, address and Goods and Services” Tax Identification Number of the Supplier.

A consecutive serial number not exceeding sixteen characters, in one or multiple series, containing alphabets or numerals or special characters- hyphen or dash and slash symbolised as “-” and “/" respectively, and any combination thereof, unique for a financial year.

a) Date of its issue. b) Name, address and Goods and Services Tax Identification Number

or Unique Identity Number, if registered, of the recipient. c) Harmonized System of Nomenclature code for goods or SAC code

for services. d) Description of goods or services. e) Quantity in case of goods and unit or Unique Quantity Code

thereof. f) Total value of supply of goods or services or both. g) Taxable value of the supply of goods or services or both taking into

account discount or abatement, if any. h) Rate of tax (Central tax, State tax, Integrated tax, Union territory

tax or Cess). i) Amount of tax charged in respect of taxable goods or services

(Central tax, State tax, Integrated tax, Union territory tax or Cess). j) Place of supply along with the name of the State, in the case of a

supply in the course of Inter-State Trade or Commerce.

k) Address of delivery where the same is different from the place of supply.

l) Whether the tax is payable on reverse charge basis; and m) Signature or digital signature of the supplier or his authorised

representative.

iv) The Successful Bidder should file the GST Returns as required in the

GST Acts, and details of Invoice submitted to OMC and GST amount

charged thereon should reflect in Form GSTR-2A within a reasonable

time, so as to make OMC enable to take Input Tax Credit (ITC) of the

GST amount paid against those Bills.

v) If due to any reason attributable to the Successful Bidder, Input credit

of the GST amount paid on Invoices raised by the Successful Bidder is

not available to OMC/denied by the dept. then the same will be

recovered from the dues of the Successful Bidder or the Successful

Bidder has to deposit an equivalent amount.

vi) The Successful Bidder has to comply with all the Provisions of GST

Acts, Rules and Notifications issued there under.

vii) The successful bidder hereby undertakes to indemnify OMC, from any

liabilities arising in future due to non compliance by the successful

bidder of the GST Acts, Rules and any other Acts currently in force and

applicable to the successful bidder by OMC.

4. WARRANTY

The supplier shall extend the following minimum warranty for the supplied items. a) Minimum 5 years for Compressor including 1 year comprehensive b) If the standard warranty period of OEM is more than above, the same

shall be extended by the supplier. c) If the material supplied found to be manufacturing defect, wrong design,

poor workmanship during the warranty period, the same shall be repaired/ replaced by the OEM at free of cost within a period of 15 days from the date of raise of complain.

d) Any fault in the ACs or stabilizers during the warranty period shall be attended by the Bidder within 24 hours.

The Warrantee/ Guarantee shall be in the name of OMC.

CHAPTER-6

PENALTY CLAUSE

1. PENALTY

If the supplier fails to supply the materials within the original or extended

delivery period, penalty will be imposed an amount equivalent to 0.5% of the

value of the items (excluding Taxes & duties) of delayed portion per each

week or part thereof delay (Seven day week) subject to maximum of @5% of

the total ordered value excluding Taxes and duties.

For delay in installation @1% of the value of services (excluding Taxes) of

delayed portion per week or part thereof delay (Seven day week) subject to

maximum @10% of the total ordered value excluding Taxes.

GST as applicable on Penalty shall be recovered by OMC in addition to the Penalty amount. Invoice for this purpose shall be issued by OMC. If the purchasing authority at any time feels & ascertain that the bidder is not

in a position to supply the item within the delivery period or taking no steps

for delivery of the item, it shall be open to the management to cancel the

order alongwith forfeiture of ISD/ Performance Guarantee. To ascertain the

status of the supply, the purchasing authority may write to the bidder or send

any representative to the bidder’s site to verify the progress of supply or

carryout stage inspection if required.

2. WAIVER OF PENALTY:

If at any time during the Contract, the bidder should encounter conditions

impending timely performance of service, the bidder shall promptly notify to

OMC in writing of the fact of the delay, its likely duration and its cause(s). As

soon as practicable after receipt of the bidder’s notice, the OMC shall

evaluate the situation and may at its discretion waive the penalty on the

request of the bidder.

CHAPTER-7

OMC’S RIGHT

1. OMC'S RIGHT TO VARY QUANTITIES AND LOCATION:

The OMC reserves the right at the time of award of work and during the tenure

of the contract to increase or decrease the quantity by +/- 20% of tendered

quantity without any in the terms & conditions and the prices quoted the

tenderers. OMC also reserve the right to change the location of installation if

applicable etc.

2. SPLITTING OF QUANTITY (IF REQUIRED):

Due to critical and vital nature of the item, OMC reserve the right to split the

contract in favour of more than one tenderer depending on the requirement.

3. OMC'S RIGHT TO ACCEPT OR REJECT ANY OR ALL OFFERS:

OMC reserves the right to accept or reject any offer and reject all offers, at any

time prior to award of contract without assigning any reason whatsoever and

without thereby incurring any liability to the affected bidder(s) on the grounds

for the OMC's action.

4. TERMINATION FOR DEFAULT:

The OMC may, without prejudice to any other remedy for breach of contract, by

written notice of default, sent to the bidder, terminate this contract in whole or

in part.

(a) If the bidder fails to render services within the time period (s) specified in

the Contract or any extension thereof granted by the OMC.

(b) If the bidder fails to perform any other obligation (s) under Contract.

And

(c) If the bidder, in either of the above circumstance(s) does not remedy its

failure within a period of 30 days (or such longer period as OMC may

authorize in writing) after receipt of the default notice from OMC.

CHAPTER-8

DISPUTE RESOLUTION, FORCE MAJEURE, JURISIDICTION

1. FORCE MAJEURE: If for any reason of war, riots, commotion, civil disturbances, statutory

constraint, earthquake, acts of the State or acts of the God, the performance

of the contract becomes impossible which fact will be decided either by the

Managing Director or Chairman or CMD of the OMC, the contractual

obligation of the parties hereunder will stand terminated forthwith.

2. DISPUTE RESOLUTION:

Any dispute(s) or difference(s) under or arising out of or in respect of this

facility management or in connection there with, the same shall be decided

by the Court of competent jurisdiction at Bhubaneswar.

Annexure-A

Forwarding letter (To be enclosed in the Techno commercial Bid)

(On the Letter head of the Bidder)

(The bidder is required to indicate in this forwarding

letter the details of the documents including Demand Draft attached in the bid) Date: ___________

To The General Manager (Materials) The Odisha Mining Corporation Ltd. OMC House, Bhubaneswar – 751 001 Odisha, India

Sub: Proposal towards supply, installation & commissioning of 109 nos. of

different types of Split & window Air Conditioner alongwith 54 nos. of 4KVA stabilizer at different Regions of OMC, Odisha.

I/We ……………………..…………………….……………………………………………………………… having

My/Our ……….…………………………………………………………………………………………………………

Office at ………………………………..…….…………………. Do declare that I/We carefully read

the terms and conditions as laid down in the Tender documents for the supply,

installation & commissioning of 109 nos. of different types of Split & window Air

Conditioner alongwith 54 nos. of 4KVA stabilizer at different Regions of OMC,

Odisha. I/We will abide by all conditions set forth in the tender document.

I/we further declare that I/We possess valid manufacturing license/Distributor

license/ Authorized dealership for above work.

Bearing No. ……………………………………..……….. Valid up to………………………………………….

I/We ……………………………………………………………………………………………………………………….

Do hereby declare that I/We will supply, installation & commissioning of 109 nos.

of different types of Split & window Air Conditioner alongwith 54 nos. of 4KVA

stabilizer at different Regions of OMC, Odisha as per the terms and conditions of

the tender document within the period ……………………………… (The bidder has to

mention delivery period as per the tender schedule.

Signature of the bidder Date :

Annexure-B

BG should be obtained from Nationalized/ Scheduled Commercial Bank operable/ executable at Bhubaneswar

DATE: _____________ BANK GUARANTEE

Name of Bank:

To

The Odisha Mining Corporation Limited, Bhubaneswar

Dear Sir,

Guarantee No. ………………………… Amount of Guarantee Rs …………………/- (Rupees………………….….….)only.

Guarantee cover from………….….. to …………………… Guarantee remain full force ………………………………. Last date for lodgment of claim: ……… (Two months from date of expiry).

This Deed of guarantee executed by (Bank Name) ..…………………..………………, constituted under the Banking companies (Acquisition & Transfer of Undertaking) Act ……………………………… having its registered office at …………………………………… ………………… and amongst other places, a branch at ……………………….(hereinafter referred to as the bank) in favour of the Odisha Mining Corporation Ltd., Bhubaneswar (hereinafter referred to as OMC, the beneficiary) for an amount not exceeding Rs. ……………..………/- (Rupees …………………………………………………………) only at the request of M/s. ………………………………………….…………………. (hereafter referred to as the agency). This guarantee is issued subject to the condition that the liability of the bank under this guarantee is limited to maximum of Rs…………………/- (Rupees……………………………………………..) only and the guarantee shall remain in full force from …………….. to ………………. (date of expiry) with further claim period of two months and cannot be invoked otherwise than by a written demand or claim under this guarantee served on the bank at our …………………………….. Branch at Bhubaneswar on or before ………………………… (last date of lodgment of claim) by the OMC, Bhubaneswar in writing.

For (Bank) Seal Branch Manager Branch

SUBJECT TO AS AFORESAID (Main guarantee matter may be typed hereafter)

BG No :…………….………….…..…….……

Date:…………………………………….……..

Amount:……………..………..……….….…

Valid period from ………. to ….………

Claim period…………..…………...………

BANK GUARANTEE

The Odisha Mining Corporation Ltd BBSR (herein after called as the OMC ) has

agreed to accept from M/s ………………………………………..…….. at ………………………………

PO …………………..…. PS ………………………… District……………………, State……………………,

(herein after called as Agency) a bank guarantee for Rs. …………………..………………

(Rupees ………………………………………..…………………………………) only for the period from

…………….….…. to ……….…………. with a claim period of two months & the last date of

lodgment of claim within …………..…………………. towards EMD/SD/ISD/Performance

Guarantee/ Guarantee against advance payment in connection with

……………………………. Work/Contract/PO/Tender No & Date.

We ……………………………………….(Bank)……………………. branch, do hereby undertake to

indemnify and keep indemnified “OMC.” to the extent of Rs ……………………………

(Rupees…………………………………... only) for the period from ……………….……….. to

…….……………....…. with the last date of lodgment of claim within ……….……..……..…..

We …………………………….…………….. (Bank) ………….………….. branch, further agree that

if a demand is made by the OMC, have no right to decline to cash the same for any

reason whatsoever. The fact that there is a dispute between the said Agency and

the OMC is no ground for us to decline to honour invocation and such invocation is

a sufficient reason for the OMC to enforce the bank guarantee unconditionally

without any reference to the said Agency within 48 hours excluding holidays.

We………………………(Name of the Bank & Branch)…………………………branch, further

agree that a mere demand by the OMC. is sufficient for us ………….............(Bank

Name),…………...…… branch at Bhubaneswar, to pay the amount covered by the

bank guarantee without reference to the said Agency and any protest by the said

Agency cannot be valid ground for us,…………………Bank………….. Branch, to decline

payment to the OMC.

We ……………………….……………………the bank, undertake to pay to the OMC any

money so demanded notwithstanding any dispute or disputes raised by the said

agency in any suit or proceedings pending before any court or tribunal relating

thereto as our liability under this present being absolute and unequivocal.

If notice of demand is served on the Bank and for this purpose it shall be deemed

sufficient if such notice is served on our branch at ………………….……, Bhubaneswar,

by the OMC before the last date of lodgment of claim under this guarantee, then

not withstanding anything to the contrary herein contained, the liability of the

Bank under this guarantee shall be enforceable as due to us.

BG No :………………………..…..…….…… Date:…………………………..….…….…….. Amount:……………………….……….….… Valid period from ………. to ….……… Claim period………………………...………

We ……………………………..the bank further agree that the OMC shall have fullest liberty, without our consent and without affecting in any manner our obligation hereunder to vary any of the terms and conditions of the agreement/work order/ contract/ order etc or to extend time of performance by the said agency from time to time or to postpone for any time or from time to time any of the powers exercisable by the OMC against the said agency and to forbear or enforce any of the terms and conditions relating to the order and shall not be relieved from our liability by reason of any such variation or extension being granted to the said Agency or for any forbearance, act or omission on the part of the OMC or any indulgence by the OMC to the said agency. We …………………………………………………… (Name of the Bank & specify branch Name) …………………….…………. Branch, lastly undertake not to revoke this guarantee during its currency except with the previous consent of the OMC in writing. Notwithstanding anything contained herein above: 1. All claims under this guarantee must be presented to …………….……… (name

of the bank) ……………………. (Branch), Bhubaneswar (Odisha) 2. Our liability under this Bank Guarantee shall not exceed Rs. …………….…………

(Rupees ………………………………………) only. 3. This guarantee will not get discharged due to change in the constitution in

the bank or the said agency. 4. This Bank Guarantee shall remain valid up to …………………….. (date of expiry)

with additional claim period of two months and claim under this guarantee can be served on or before …………………… (last date of claim).

5. We are liable to pay the guaranteed amount or any part thereof under this Bank Guarantee only and only if OMC serves a written claim or demand on the bank at our branch at Bhubaneswar on or before …………………. (last date of for lodgment of claim.)

Signature: Name: Address: For & on behalf of

(Seal)

Signed and delivered this on ……………………………….…

Annexure-C

MANDATE FORM (FOR ENABLING E-PAYMENT)

(Preferably in payee's Letter Head)

To

THE ODISHA MINING CORPORATION LIMITED, OMC HOUSE; P.B. NO-34, UNIT-5, BHUBANESWAR PIN-751 001, ODISHA

Sub: Mandate for getting payment through electronic mode i.e. EFT/NEFT/RTGS

Dear Sir,

We are hereby giving our consent to get all our payments due from The Odisha Mining Corporation Ltd. through electronic mode i.e. EFT/NEFT/RTGS. We also agree to bear all the bank charges payable in this regard.

(Please furnish the information in capital letter)

1. Name of the Vendor

2. Address of the Vendor

PIN Code

IT PAN E-mail ld Mobile No

Phone FAX No

3. Bank Particulars:

Bank Name

Branch Name

Branch Place

Account No.

Account Type Saving/Current/Cash Credit

Branch State

RTGS Enable Yes/No NEFT Enabled Yes/No Core-Bank Enabled *

Yes/No

Branch Code MICR Code IFSC Code

* In case of Vendors having Bank account in Andhra Bank

4. Effective Date

We hereby declare that the particulars furnished are correct & complete. If any transaction is delayed or not effected for incomplete/incorrect information/any other technical reasons, we will not hold The OMC Ltd. responsible.

Date: Signature of the Party with seal Certified that the Bank Particulars furnished are correct as per our record.

Annexure-D

DECLARATION

(innon judicial stamp paper)

Sub: Tender No: ____________

I/We___(name of bidder)_______confirm that I/we have fully read and

understood all the details mentioned in the tender document NIT

No.__________& all corrigendum/ addendum issued, if any. I/We accept all terms

and conditions mentioned in the tender schedule and I/We declare that I/We have

not been Black listed within a period of three preceding years from publication of

this NIT by any competent court of Law, Forum or any State Govt. or statutory

entities. If at any stage the declaration/information/scanned documents furnished

in support of the same in respect of eligibility criteria/black listing etc found to be

incorrect, I/We hereby agreed to be treated as disqualified bidder and I/We have

no right to claim for consideration of my/our bid at any stage and the money

deposited in form of EMD/S.D. shall be forfeited or as decided by OMC.

Signature of the Bidder with Seal

ANNEXURE

Extra materials (If required over and above the standard installation kit)

Sl. No Description Rate/mtr./no GST Rate including GST

1. Copper refrigerant Pipe

2. Power cable

3. Drain pipe

4. Outdoor unit stand

5. Dismantling charges of Split AC

6. Dismantling charges of Window AC

N.B: The above (Extra materials) rate must be quoted and submitted along with the Tech. bid by the

bidder.

Date: Signature of the Party with seal