TENDER DOCUMENTS

DAMODAR VALLEY CORPORATIONMEJIA THERMAL POWER STATION

DURLAVPUR: BANKURA

TENDER SPECIFICATIONSFOR

Maintenance Contract for C&I System (Field Portion) of Unit Nos.- 4(210 MW),5&6 (250 MW–each),MTPS,DVC for 2 years.

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INDEX

Notice Inviting Tender:

Scope of Work

Facilities to be provided by DVC:

Annexure-I:

Commercial Terms & Conditions:

Other Terms & Conditions:

General Conditions of Contract (GCC):

Qualifying Requirement:

Instruction to Bidders:

All Relevant Formats:

Annexure –CAnnexure –DAnnexure –PFormat of B.G. in lieu of EMD Instruction for submission of B.G.DVC’s Agreement Format

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NOTICE INVITING TENDER

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Ph.No.-03241-262287NIT No. MT/CE (O&M)/T-55/SE(C&I)-II/AMC(U- 4,5&6)/2010-11/PD(93)/5257 Dated 18.11.2009.

OPEN TENDER NOTICE

For and on behalf of Damodar Valley Corporation, sealed tenders (in duplicate) in 02(Two) PARTS containing 03(three) envelopes (A,B&C) – Earnest Money Deposit(EMD)(Envelope-A);Techno- Commercial Bid forming PART-I (Envelope B), Price-Bid forming PART-II (Envelope C) are invited by Superintending Engineer(Tech), MTPS(O&M), DVC, Bankura, Pin Code – 722 183,West Bengal for the under mentioned work..

The sealed tenders are to be submitted by way of marking the sealed envelopes correctly as EMD (Envelope–A), Techno-Commercial Bid/PART-I (Envelope-B) & Price-Bid/PART-II (Envelope-C) respectively as stated above.

SCOPE OF WORK:Maintenance Contract for C&I System (Field Portion) of Unit #4(210 MW),5&6 (250 MW–

each),MTPS,DVC.

OTHER RELEVANT CONDITIONS:(i) Contract Period: For a period of 02(Two) years i.e 24 months from the date of commencement of work

subject to review the performance after one year.(ii) Estimated Cost: Rs.1,03,30,000/- (Rupees One Core Three Lac Thirty Thousand) only.(iii) Earnest Money : Rs.2,06,600/- (Rupees Two Lac Six Thousand Six Hundred ) only. (iv) Cost of Tender Papers/Documents: Rs.1500/- (Rupees Fifteen Hundred) only.(v) Sale of Tender Papers/Documents: From 30.11.09 to 30.12.09 (9 AM to 3 PM).(vi) Last Date of Receipt (Submission) of Tender: Up to 3.00 P.M. of 05.01.10. (vii) Opening of tender: 3.30 P.M. on 05.01.10.

Non-transferable tender papers/tender documents will be available in the office of the Superintending Engineer(Tech), DVC, MTPS(O&M), Bankura, Pin Code – 722 183, W.B on all working days w.e.f 30.11.09 to 30.12.09 ( 9 A.M to 3.00 P.M.) except Sundays and Holidays against cash receipt of Rs.1500/- (Rupees Fifteen Hundred ) only (non-refundable) issued from the office of the Sr. Addl. Chief Accounts Officer, MTPS, DVC or Demand Draft/Banker’s Cheque for equivalent amount favouring “Damodar Valley Corporation, MTPS(O&M)” payable either at UBI, MTPS Br. (Code No.-MPS-56) or SBI, MTPS Br. (Code No.-6608).

For obtaining tender papers, the intending tenderers should apply to the Superintending Engineer (Tech), MTPS (O&M), DVC enclosing documents of credentials (Xerox copies) as mentioned below under the “Qualifying Requirement” along with Company Registration Certificate/valid STCC/VAT Registration Certificate. Alternatively, the complete bid documents/tender papers are also available on DVC’s Websites – “www.dvc.gov.in” and “www.dvctender.com” . The intending tenderers may visit the said websites for participation. Tender fees for Rs.1500/- (Rupees Fifteen Hundred) only (non-refundable) is to be submitted in the form of “Demand draft/Banker’s Cheque” as stated above and the same to be placed in the Envelope A along with EMD.

No tender documents shall be sold after close of sale of tender paper.

For any query/clarification, following official may be contacted:1. Shri D.Dey, SE (Tech), MTPS (O&M), DVC2. Shri P. Dhaoya, SDE(C&I), Technical Section, MTPS.

Note: Techno –Commercial Bid(i.e PART –I) of the tender must accompany the documents/credentials (Xerox Copies) as mentioned under the “Eligibility Criteria for selection of Tenderers”

Contd...........P/2

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< 2 >Qualifying Requirement:

1. The bidders shall have the following working experience:

A At least two years experience in maintenance of complete field instruments of Boiler, Turbine and their auxiliaries of 210 MW capacity or higher capacity Thermal Power Plant.

OR B Erection and Commissioning of complete field instruments of Boiler, Turbine and their auxiliaries in

at least 02 (Two) Units of 210 MW or higher capacity Thermal Power Plant.

2. 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 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.

NOTE : “Similar job” means experience of maintenance of complete field instruments of the Boiler, Turbine & their auxiliaries of 210 MW capacity or higher capacity Thermal Power Plant.

OR Erection & Commissioning of complete field instruments of the Boiler, Turbine & their auxiliaries

of 210 MW capacity or higher capacity Thermal Power Plant.

“Completed Works” means – the executed/completed portion of work order /AMC, even if the work has not been completed in totality (subject to furnishing proof of executed value of the work in the form of certified copy of RA bills).

3. Average Annual Turnover of preceding 3 years should not be less than 30 % of the estimated cost.4. Overall profitability & cash profit as certified by Auditor / CA, including Annual Accounts & Balance Sheet of preceding 3 years should be furnished.5. A latest Bank Solvency Certificate indicating monetary limit is to be furnished.6. Status of the organization(sole proprietorship, partnership or company) with documentary evidence is to be furnished.7. A latest STCC / VAT Registration Certificate is to be furnished.

The following points may please be noted: 01) Submission of Tender:

Sealed tenders will be received in the Tender Box up to 15.00 hrs. (i.e. 03.00 P.M.) on 05.01.2010 in the office of the Superintending Engineer (Tech), DVC, MTPS(O&M) and Techno-Comml Bids (PART-I) shall be opened immediately on the same day after 15:30 hrs.(i.e at 03.30 P.M) in presence of the intending tenderers or their authorized representatives.

The Price Parts (PART-II) of the techno-commercially acceptable bidders only will be opened on a date to be intimated later on.

02. Earnest Money Deposit:

Earnest Money for Rs. 2,06,600/- (Rupees Two Lac Six Thousand Six Hundred ) only must be deposited in any of the following forms:

(i)Pay Order or demand draft drawn in favour of “Damodar Valley Corporation, MTPS (O&M)”. The instruments should be payable either on UBI, MTPS Br.(Code No.-MPS-56) or SBI, MTPS Br. (Code No.-6608).

(ii)Bank Guarantee (B.G) from a Nationalized Bank/Scheduled Bank/Foreign Banks, irrevocable and operative till the validity of the offer as per standard proforma enclosed.

(iii)Post Office National Savings Certificate having face value equal to the EMD value and duly endorsed in favour of DVC. Contd……P/3

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< 3 >(iv) Fixed Deposit Receipt issued by Nationalized Bank endorsed in favour of DVC.

(v) DVC Bonds duly endorsed in favour of DVC.

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.

Note:Earnest Money will only be refunded to the unsuccessful Tenderer (s) after finalization of Tender and no interest will be paid thereon.

03. Location of MTPS Site:MTPS Site is near Durlavpur situated at the crossing of Ranigunj – Bankura Road and Barjora –Durlavpur

Road under P.S.- Gangajalghati in the District of Bankura, W.B. and is 28 km (approx) by Road from Durgapur Railway Station of Eastern Railway, 34 km by Road from Bankura Railway Station of E.R.

04. Issuance of the tender papers/documents shall not automatically imply qualification of the firm for bidding – which shall be determined during bid evaluation. 05.DVC reserves the right not to accept the lowest rate quoted by a bidder and may reject any or all the tenders without assigning any reason whatsoever.

06. All legal suits arising out of the enquiry and subsequent Letter of Intent/Work Order ,if any, are subject to jurisdiction in the Court of City of Kolkata in India and no other Court elsewhere.

07.Any addendum/corrigendum/extension, if required, pertaining to the NIT will be hoisted in DVC website only and will not be published in Newspaper again. Bidders are requested to visit DVC website regularly for any addendum/corrigendum/extension till opening of the said NIT.

08. If last date of Sale of Tender or date of submission of Tender is declared holiday, the due dates will be the next working days accordingly.

Sd/-

Superintending Engineer (T) MTPS (O&M), DVC

Distribution:-

o The Director (Tech), DVC, DVC Towers, Kolkata-54.o The Director (Opn), DVC, DVC Towers, Kolkata-54.o The Sr. Chief Engineer (Gen.), Maithon, DVC.o The Chief Engineer(O&M) & Project Head, MTPS, DVC.o The Chief Engineer(Constn), MTPS, DVC.o The Chief Engineer (CSO), Maithon, DVC.o The Chief Engineer (Civil), Maithon, DVC.o The Dy. Chief Engineer (E&I), MTPS, DVC.o The Superintending Engineer(C&I)-II, MTPS, DVC.o The Superintending Engineer (Tech), BTPS-A, DVC.o The Superintending Engineer (Tech), CTPS, DVC.o The Superintending Engineer (Tech), BTPS-B, DVC.o The Superintending Engineer (Tech), DTPS, DVC.o The Superintending Engineer (Civil), MTPS, DVC.o The Dy. General Manager (Adm.), MTPS, DVC.o The Jt. Financial Advisor, MTPS, DVC.o The SDE (E), EDP Cell, DVC, DVC Towers, Kolkata-54.o The Sr. Addl. Chief Accounts Officer, MTPS, DVC.o The Sr. Resident Audit Officer, DTPS, DVC.o The Notice Board (Bidyut Bhaban.), MTPS, DVC.o The Notice Board (Pragati Bhaban.), MTPS, DVC.

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o The Notice Board (Store Bldg.), MTPS, DVC.

o The Notice Board (Main Gate.), MTPS, DVC.

DETAILED SCOPE OF WORK

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SCOPE OF WORK

AREA OF WORK: Mejia Thermal Power Station Unit-IV (210MW),V & VI (250MW each)

A. The scope of work shall include all types of maintenance (Routine / Preventive / Predictive / Breakdown / Shutdown / Overhauling / Modification) of field instruments of main plant and outside power house of Unit # 4, 5 & 6 including all dedicated instruments of auxiliary systems like DM Plant, PT Plant, Effluent Treatment Plant, Compressors & Air Driers, CW Pumps, CT fans etc. under the guidance of DVC Engineers.

A list of work, which is indicative and not limiting, is given below.

B. Field Instruments : Cleaning / Checking / Servicing / Calibration / Repairing at site where ever possible/replacement with new ones after getting it issued from DVC Site Store as and when required, along with their associated cables (including compensating cables) up to Marshalling Cabinet in Control Room through field JB (s) of the following types of field instruments with their own tools (general and special).1. RTDs, T/C and Temperature Scanners.2. All types of Pressure, Temperature, Differential Pressure, Flow, Level and Position Transmitters.3. All types of Pressure, Temperature, Differential Pressure, Flow, Level and Position Switches.4. Pneumatic Level Controllers.5. Vibration monitoring sensors of turbine bearing & Shaft and other HT Drives.6. Flue gas O2 Analyser.7. Air Filter Regulators, E/P Converters, Positioners, Position Feedback Transmitter and Actuators of Pneumatic valves / all pneumatically operated Power Cylinders.8. Igniters, Flame Scanners and Burner instrumentation.9. Trip valves (only actuator portion).10. Solenoid Valves.11. Pressure, Flow, Temperature and D.P. Gauges.12. BHEL Vision (Drum level indicators).13. Copper Tubing.14. Impulse lines including SS tubing (from root valve up to Instruments), (Purging, arrest of leakage, arrest of passing through drain / isolation valve etc. including welding jobs whenever required).15. SPM of Flue gas (Opacity monitoring system) : Regular monitoring of parameters & cleaning including work assistance to DVC Engineers / Experts engaged by DVC during troubleshooting.16. Servo valves, Blocking Element, feedback transmitters and power pack instruments etc. of HP By Pass system.17. PA shut off gate actuator.18. RC feeder O/L gate actuator.19. Instruments of Gravimetric Coal Feeder.20. H2 Analyser.21. Conductivity Cells.22. H2 Feeding Station.23. SWAS: Regular monitoring of parameters & cleaning including work assistance to DVC Engineers / Experts engaged by DVC during troubleshooting.

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24. UPS: Regular monitoring of parameters & cleaning including work assistance to DVC Engineers / Experts engaged by DVC during troubleshooting.

25. 25. Sox, NOx, CO, CO2 monitoring system: Regular monitoring of parameters & cleaning including work assistance to DVC Engineers / Experts engaged by DVC during troubleshooting.26. Turbine supervisory instruments: work assistance to DVC Engineers/ Experts engaged by DVC during troubleshooting.27. Mill DP level and Noise level measurements.28. Cable laying for C&I system29. Any welding work (medium pressure / low pressure) for C&I System.

C. Control Room Instruments : (Day to day maintenance including cleaning)

1. Recorders. 2. Indicators and Integrators. (All types)3. Operating tiles. (All types)4. Annunciation Hooters and Facia Lamps checking/replacing.5. BHEL vision indicators.6. Conductivity Indicators.7. Cleaning of UCD, UCP and other instrument panels in control room annexie

and 8. computer room.

D. Miscellaneous Jobs : To assist DVC Engineers / Experts engaged by DVC while attending Unit IV, V & VI related C&I field and control room jobs with sufficient tools, equipments and instruments e.g. Multimetres, Milli ampere injector, Volt and milli volt injector, Soldering iron, wrapping and unwrapping tools, maxi-termi gun, vacuum cleaner etc. beside normal working tools in sufficient quantities.

E. Exclusion :1. Major repairing/modification of field instruments & major repairing of Electronic

modules, indicators, recorders, etc. are excluded from the scope of this contract.

2. Any major erection work is also excluded from the scope of this contract.3. Overhauling/Repairing work of Turbine Supervisory Instrumentation, turbine

mounted instruments and VMS instruments for all HT drives are excluded from the scope of this contract.

4. Overhauling of HP By Pass system, UPS, SWAS, Opacity monitor, CO monitor, Sox & Nox monitor, Seal/Leak steam system etc. are excluded from the scope of this contract.

F. Job Responsibilities :1. Round the clock maintenance of all field and control room instruments (as mentioned

in scope of work) of Unit # 4, 5 & 6 including auxiliaries will be the responsibility of the contractor. It shall be the responsibility of the contractor to handle successfully at least seven different jobs (Unit # 4, 5 & 6 including auxiliaries) at seven different locations simultaneously during the general shift as well as in any emergency conditions as decided by DVC Engineer-in-Charge with suitable experienced manpower. However, contractor’s responsibility also includes handling successfully

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at least three different jobs at three different locations simultaneously per shift excluding the above seven jobs. Failure of the above, DVC will have the right to deduct Rs.700/- per job.

2. During Unit Overhauling period, if required, contractor shall have to enhance/reinforce his infrastructure so that the targeted schedule of the unit overhauling can be met.

G. WORKING HOURS :

General Shift : As per DVC timings or as per instruction of the Sectional In-Charge & Shift Duty : Morning shift, Evening Shift, Night Shift.

BIDDER’S OWN ARRANGEMENTS

Bidder shall maintain at site1. A vehicle for transportation of their own workmen/employee to Powerhouse

especially beyond normal duty hours to avoid any delay in attending problems, materials handling as per scope and for others. DVC will not provide any vehicle for any purpose.

2. Their own landline phone/mobile phone to contact for any emergency work.

3. Following tools and tackles (in sufficient quantity) at site to execute the contract :(a) Screw Driver sets, (b) Spanner sets, (c) sets of Slide Wrenches & Pipe Wrenches, (d) Digital Multimetres, (e) Allen Key sets, (g) Torch Lights, (h) mA/mV Injectors, (i) Soldering Irons, (j) De Soldering Pumps, (k) Crimping Tools, (l) Plier sets, (m) Power Extension Board, (n) Dead Weight Tester (for high & low pressure), (o) Test gauges, (p) Temperature Bath, (q) Manometer etc.

List & quantity of such tools shall be jointly prepared by DVC & the contractor.

Note : Calibration Certificate of all standard test gauges/digital multimeter etc. shall be available with the contractor and should be shown to DVC engineer in charge on demand. They should be updated at appropriate time and must be valid at any time.

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FACILITIES TO BE PROVIDED BY DVC

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FACILITIES TO BE PROVIDED BY DVC

1. Laboratory Facilities.Laboratory facility and testing/calibration equipment facility as available at MTPS will be extended to you free of charge subject to prior permission of the Engineer-in-Charge of the laboratory. 2. Water, electricity, service air and instrument air supply at the plant at specific

points free of charge.

3. Unfurnished non AC Office space as available free of charge.

4. Medical Facilities :Medical facilities as available at MTPS Hospitals will be extended to the contractor’s employee engaged for AMC on chargeable basis as per the DVC rules and regulations.

5. Spares & Consumables to be supplied by DVC :The maintenance spares and following consumable items will be supplied by DVC free of charge throughout the period of AMC required for maintenance job :(a) Nut, b) Bolts, (c) Gaskets, (d) O-ring, (e) Teflon tape (f) Steel grip tape, (g) Grease, (h) Paint, (i) Cotton Waste, (j) Rustolene, (k) Markin cloth, (l) Petrol, (m) Cleaning materials, (n) Sealing materials, (o) CRC, (p) emery paper etc.

6. Accommodation :DVC will provide unfurnished non AC accommodation on chargeable basis depending upon availability. The rate will be as per DVC standard charges and norms applicable for other agencies engaged for similar maintenance work. Total number of accommodation will be decided on mutual discussion with the contractor. Applicable rates are as given below :

Present rates are : For each ‘D’ Type Quarters - Rs.4,903.68 per month For each ‘C’ Type Quarters - Rs.4,904.68 per month For each ‘B’ Type Quarters - Rs.2,615.68 per month For each ‘A’ Type Quarters - Rs.2,202.68 per month For each Officers’ Dormitory Room - Rs.1,191/- per month For each ‘Staff Dormitory’ Room - Rs.860/- per month

Note : Notwithstanding the rates indicated above the same shall be charged as per prevailing price.

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COMMERCIAL TERMS & CONDITIONS

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COMMERCIAL TERMS & CONDITIONS

01. Terms of Payment: 100% payment shall be made against running (monthly) bills normally within a fortnight on presentation of bills in triplicate after satisfactory completion of the assigned work and necessary certification by DVC Engineer-in-charge and acceptance of SDBG towards Security Deposit.

02. Details of Price (To be furnished in the form of Annex- “P”):Annex- “P”):

(i) In the Price Bid, the bidder shall quote the charges(monthly/annually) for the Contract job considering the Scope of Work in totality.

(ii) Service Tax as applicable shall be borne by DVC.

The rates will remain firm during the tenure of the Contract.

(iii) Contract shall be taken into account for all the Three Units (U# 4, 5& 6) in a comprehensive manner.

03. Security Deposit (S.D):

The successful bidder shall have to furnish Bank Guarantee (B.G) from any Nationalised Bank / Scheduled Commercial. Bank as per DVC’S prescribed Format as Security Deposit (S.D) for an amount equivalent to 10% of the total contract value for 02(Two) years for due compliance of the Contract .The Bank Guarantee submitted as S.D shall remain valid throughout the Contract Period and will be released on successful completion of the contract and after a claim period of 06(Six) months. No payment will be made till the acceptance of the said BG by DVC.

Security Deposit (i.e. B.G) will finally be released after successful completion of the contract of 02 (Two) years and claim period of 06 (six) months thereafter on request of the contractor.

04. Penalty:

(i) For each breakdown and preventive maintenance of field/ control room instruments of unit # 4, 5 & 6 a mutually agreed time frame will be fixed on each occasion and in case successful bidder fails to complete the work in that time frame for reasons not attributable to DVC, a penalty will be imposed @ 0.25 % of the annual contract value for per day delay or part thereof at the discretion of the controlling officer or his representative subject to a maximum of 5 %.

Contd-P/2

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(ii) In case of failure to complete any specific job within the stipulated time frame, DVC shall have the right to complete the job through third party with total cost recovery from successful bidder.

05. Period of Contract: The Contract will remain valid for a period of 24 months (i.e. 02 years) from the date of commencement after successful site mobilization subject to review of the performance after one year .

06. Site Mobilization:

Site Mobilization should be done within a maximum of 02(Two) weeks from the date of placement of LOA/LOI/W.O. Within that period all the tools & tackles, deployment of manpower & infrastructural facilities are to be made ready for starting the actual work of the contract.

No advance payment towards mobilization will be provided by DVC.

07. Termination of Contract:

• DVC shall have right to terminate the contract with one month’s notice period without assigning any reason.

• In case of short termination of contract by successful bidder, 3 months notice will be required.

08. Validity of Offer: The offered rates shall remain valid for acceptance of DVC for a period of 180 days from the date of Bid opening.

09. SUB- LETTING & ASSIGNMENT:

The contractor shall not sub-let or assign any part of the Contract to any other agency without the prior written consent of the Owner .Such assignments or Sub-letting or transfer shall not relieve the contractor from obligation, duty and responsibility under the Contract. Any assignment, transfer or sub –letting without the prior written approval of the Owner shall be void. The Owner shall have the right to cancel the order and to purchase the services

from elsewhere and the contractor shall be liable to the Owner for any loss or damage which the Owner may sustain in consequence or arising out of such contract and the Contractor shall indemnify such loss or damage to the Owner.

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OTHER TERMS & CONDITIONS

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Other Terms & Conditions

1) Nature: The contract is purely for services only.

2) Deployment of employees by the contractor:

2.1) The contractor shall deploy his own employees for rendering satisfactory services.

2.2) Expert personnel and skilled/semi-skilled/unskilled workmen with adequate

qualification and experience having appropriate level of acumen is required for the job.

Such personnel/workmen/employee are to be inducted by the contractor to carry out the

job with entire satisfaction of DVC.

2.3) No child labour shall be engaged by the contractor as per statutory rule of Govt. of

India.

3) The contractor shall at its own cost comply with the provision of all laws, rules, orders

and regulations and notifications whether Central or State or local as applicable to him

or to the contractor from time to time. These Acts/Rules include, without limitations of

the following:-

(a) The Minimum Wages Act & Rules,

(b) The Contract Labour (R&A) Act 1970,

(c) The Industrial Dispute Act, 1947,

(d) The Workmen’s Compensation Act,

(e) The Payment of Gratuity Act, 1972,

(f) The Payment of Wages Act,

(g) The Provident Fund Act,

(h) The Factory Act, 1948.

4) All other acts/rules/regulations, by-laws, orders, notifications etc. present or future

applicable to the contractor from time to time for performing the aforesaid services

shall also be applicable.

5) The contractor shall execute an agreement as per proforma enclosed on a non judicial

stamp paper of denomination of Rs. 100/- (Rupees One hundred) only along with DVC

T3/T1 form.

Contd-P/2

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-: 2:-

6) EPF provisions for the employees will be made by the contractor as per rule.

7) The contractor shall be solely and wholly responsible for safety & security of

employees engaged in the job and the DVC property. In case of any accident, the

contractor shall pay proper compensation to the employees as per workmen’s

Compensation Act and repair/replaced DVC property at their own cost and

arrangement. DVC will have no responsibility whatsoever, and will be kept fully

indemnified and harmless in this regard. The contractor shall also be make adequate

provision of insurance for their own employees at their own cost to cover them against

the risk of accident.

8) The contractor and 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 as necessary to their O&M personnel without any extra cost to

DVC. All statutory rules & regulations as applicable as per Workmen’s Compensation

Act shall have to be followed by the contractor while engaging/retrenchment of his

workers / employees.

9) As the plant site is a protected area, necessary gate pass of every worker/employee

shall be arranged by the contractor with proper intimation to DVC as per rule. The

expenditure of photograph and other incidental charges required for gate pass shall be

borne by the contractors. The gate pass shall duly be signed by the contractor with

official seal in addition to the signature of the holder (employee of the contractor) and

issuing authority.

10) In case of sub-letting the contract, the sub-contractor shall be engaged with prior

approval of DVC at full risk of contractor.

11) The contractor shall not pay less than minimum wages to the workers engaged by him

under the Minimum Wages Act and the Govt. Rules made there under subject to

revision from time to time. The payment will be made to the workers/employees of the

contractor in presence of authorized representative of Personnel Deptt. of DVC. The

monthly payment is to be made on the 7th day of the successive month. The

contractor may change the place and time of payment to his workers/employees under

intimation to the Personnel Deptt. of DVC.

Contd-P/3

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-: 3 :-

12) During execution of the contract, as well as, after expiry of the contract period the

contractor shall ensure that none of their employees/workers including himself shall

claim employment in DVC.

13) Legal suits arising out of the contract, if any, are subject to the jurisdiction in the Court

of the city of Kolkata in India and no other Court elsewhere.

14) The workers/employees engaged by the contractor should not be under addiction of

drug/liquor while on duty. It should be obligatory on the part of the contractor to

remove any such person from the job whose action or conduct in the opinion of DVC

management is detrimental to the interest of the Corporation. If the contractor 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 DVC

authority furnishing all credentials and requirement of the manpower strength before

their engagement. However, DVC deserves the right to discontinue the same at its

discretion.

15) Cooperation with other contractors:

The contractor shall fully cooperate with DVC’s (owners) other contractors for

associated plant and subsidiary, as well as, other similar activities and shall carry out all

reasonable direction of owner’s designated Chief Engineer (O&M) or his authorized

representative as the case may be.

16) If any employee of the contractor is found to be incompetent or found to act in an improper

manner or hampering the interest of plant in any way, the matter will be brought to the

notice of the contractor and the said person (s) shall have to be replaced by the contractor

within 24 Hrs. notice from DVC authority.

17) The controlling officer at his discretion may check / examine working conditions, any of the contractor’s tools & tackles, safety equipment etc. and if found unsatisfactory, he may suspend the job temporary till the measures are taken by the contractor. The contractor shall be responsible for delay in execution of the job to this unsatisfactory working condition / equipment.

18) The bidder may visit the Work site at his own cost before submitting of offer to

assess the quantum / nature of work and vis-à-vis employment / deployment of his

own work-force required for the proposed contract.

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GENERAL CONDITIONS OF CONTRACT

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GENERAL CONDITIONS OF CONTRACT

1. BIDDING DOCUMENTS:

Each bidder shall submit the following attachments with its bid for Single Stage (Two Part) bidding:Attachment 1: EMD/ BID SECURITY. An EMD to be furnished in accordance with NIT stipulation.Attachment 2: Techno-Commercial Terms & Conditions as per Tender Specification Booklet.Attachment 3: Price schedule as Annexure “P”. The Bidder shall also provide the withdrawal price, if any, for withdrawal of techno-commercial deviations as per format given in Annexure “D” alongwith 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: Supporting Documents as asked in the Qualifying Requirement in accordance with this NIT.

2. CONDITIONS FOR FORFEITURE OF EMD:

The EMD may be forfeited• In case the order is not executed by the Agency in full.• In case a bidder withdraws his offer within the offer validity period specified by the bidder.• If the bidder does not accept the arithmetical correction of its Bid Price.• If the Bidder does not withdraw any deviation at the cost of withdrawal price indicated by him in deviation schedule.• If the bidder refuses to withdraw, without any cost to owner, any deviation not listed in deviation schedule but found elsewhere in the bid.• In case of a successful bidder, if the bidder fails within the specified time limit as mentioned in the order to furnish the acceptance of contract.• In case of a successful bidder, if the bidder fails to submit Security –cum- Performance BG within 30 days from last day of the stipulated period mentioned in the Work Order/ LOI/ LOA.• For those tenderers who are found to be indulging in changing / adding or deleting the contents of the downloaded tender documents.

3. PRICE BASIS:Price mentioned in Contract shall be firm till execution of the order with no escalation.

4. TAXES, LEVIES AND DUTIES:

Bidders shall quote taxes and duties (Sales Tax, Excise Duty, Customs Duty, Service Tax, Municipal tax, Octroi, Levies and any other duties) as applicable on the date of bid opening and shall be shown separately in the offer. This shall be to the account of the Purchaser/ Owner against documentary evidence, unless otherwise mentioned in the order. Any variation in statutory taxes and duties after bid opening and upto the contract period shall be to the purchaser’s account.

Contd-P/2

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5. DISCREPENCIES IN THE BID & OFFER VALIDITY:

The bids shall also be checked for computational error, if any, to arrive at the computed price, as per provisions in the following:

• In case of discrepancy between the original and copies of bid, the original bid will be considered correct.

• 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 accordingly.

• If there is a discrepancy between words and figures, the amount in words will prevail.

• 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 as worked out by the above methodology, its bid will be rejected.

Quotation must be kept valid for at least 180 days from the date of opening of the Enquiry / Tender as indicated in the NIT. If any bidder offers bid having validity shorter than that asked in the NIT, same will be considered as deviation and to be tackled in the manner as the other techno-commercial deviations are taken care of.

6. AMMENDEMENT 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 a clarification requested by a prospective Bidder, amend the bidding documents.

The amendment will be notified in writing or by cable to all prospective Bidders that have received the bidding documents and will be bidding on them. Bidders are required to immediately acknowledge receipt of any such amendment, and it will be assumed that the information contained therein will have been into account by the Bidder in its bid.

In order to afford prospective Bidders reasonable time in which to take the amendment into account in preparing their bid, the owner may, at its discretion, extend the deadline for the submission of bids.

7. COST COMPENSATION FOR DEVIATIONS:

Deviations specifically declared by the bidders in the respective Deviation Schedules of as per Annexure C (to be submitted along with techno-commercial offer) and respective cost of withdrawal of such deviation as per Annexure –D (to be submitted along with price bid) only will be taken into account for the purpose of evaluation. The bidders are required to declare the prices for the withdrawal of the deviations declared by them in Deviation Schedules. Such prices declared by the bidders for the withdrawal of the deviation in the Deviation Schedules shall be added to the price bid to compensate for these deviations. In case prices for the withdrawal for declared deviations are not furnished by the bidder, their offer will be considered as unresponsive and will be rejected. In case the bidder refuses to withdraw the deviations at the cost of withdrawal indicated by the bidder in the Deviation Schedules, the bid Security / EMD of the bidder may be forfeited.

Contd-P/322

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Bidders may note that deviations, variations and additional conditions etc. found elsewhere in the bid other than those stated in the Deviation Schedules, save those pertaining to any rebates, shall not be given effect to in evaluation and it will be assumed that the bidder complies to all the conditions of bidding Documents. In case bidder refuses to withdraw, without any cost to the owner, those deviations, which the bidder did not state in the deviation schedules, the bid security of the bidder may be forfeited and the bid is liable for rejection.

8. INFORMATION PROVIDED BY THE PURCHASER:

All Drawings, data and documentation that are given to the vendor by the

Purchaser/owner for the execution of the Order/contract shall be the property of the

Purchaser/owner and shall be returned by the Vendor on demand by the

Purchaser/owner. The Vendor shall not make use of any of the above documents for any

purpose at any time except for the purpose of executing the Order/contract of the

Purchaser/owner. The Vendor shall not disclose any of the information given by the

Purchaser/owner to any person, firm, corporate body or authority and shall make all

endeavours to ensure that the above information is kept confidential. All such information

shall also remain the absolute property of the Purchaser/owner.

9. SETTLEMENT OF DISPUTES & ARBITRATION:

Any dispute (s) or difference(s) arising out of or in connection with contract shall, to the extent possible, be settled amicably between the owner and supplier.

In the event of any dispute or difference whatsoever arising under the contract or in connection therewith including any question relating to existence, meaning and interpretation of the contract or any alleged breach thereof, the same shall be referred to the sole Arbitration of the Secretary, CEO of Damodar Valley Corporation, Kolkata –54 or to a person appointed by him for that purpose. The Arbitration shall be conducted in accordance with the provisions of arbitration and conciliation law 1996 and the decision / judgement of Arbitrator shall be final and binding on both the parties.

All suits arising out of this enquiry and subsequent Purchase Order, 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.

10. At the end of the Contract period successful bidder shall handover the plant in good working condition.

11. DVC’s General condition of Contracts shall govern the execution of the contract unless otherwise specifically stated in the contract. For detailed GCC please log on to www.portal.dvc.gov.in

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23

QUALIFYING REQUIREMENT

24

QUALIFYING REQUIREMENT

1. The bidders shall have the following working experience :

A At least two years experience in maintenance of complete field instruments of Boiler, Turbine and their auxiliaries of 210 MW capacity or higher capacity Thermal Power Plant.

OR B Erection and Commissioning of complete field instruments of Boiler, Turbine and

their auxiliaries in at least 02 (Two) Units of 210 MW or higher capacity Thermal Power Plant.

2. 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 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.

NOTE: “Similar job” means experience of maintenance of complete field instruments of the Boiler, Turbine & its auxiliaries of 210 MW capacity or higher capacity Thermal Power Plant.

OR Erection & Commissioning of complete field instruments of the Boiler, Turbine &

its auxiliaries of 210 MW capacity or higher capacity Thermal Power Plant.

“Completed Works” means – the executed/completed portion of work order /AMC, even if the work has not been completed in totality (subject to furnishing proof of executed value of the work in the form of certified copy of RA bills).

3. Average Annual Turnover of preceding 3 years should not be les than 30 % of the estimated cost.

4. Overall profitability & cash profit as certified by Auditor / CA, including Annual Accounts & Balance Sheet of preceding 3 years should be furnished.

5. A latest Bank Solvency Certificate indicating monetary limit is to be furnished.

6. Status of the organisation with documentary evidence is to be furnished.

7. A latest STCC / VAT Registration Certificate is to be furnished.

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INSTRUCTIONS TO BIDDERS

26

INSTRUCTION TO BIDDERS (ITB)

1. Preparation/Submission of Two part Tender:

The Tenderers shall submit their offers in Two Parts in duplicate namely “Techno-Commercial part/ Part –I” and “Price part/ Part –II” along with Earnest Money Deposit (EMD) of Rs. 2,06,600/- (Rupees Two Lac Six Thousand Six Hundred ) only in the following manner:

Main Envelope: The Tenderers shall submit their Tenders in sealed envelope superscribing the same with the Enquiry No. & due date which will contain 3 (Three) sealed envelopes distinctly marked “A”, “B” & “C” as follows:

Envelope – “A”: The envelope shall contain the Earnest Money Deposit (EMD) of Rs. 2,06,600/- (Rupees Two Lac Six Thousand Six Hundred ) only and shall be superscribed with Tender Notice no., Due date and the words “Earnest Money”.

Envelope – B: The envelope shall contain the Techno-Commercial Bid comprising of technical details and commercial terms alongwith Deviation Schedule as per format given in Annexure-C and shall be superscribed with Tender Notice No., Due date and the words “Techno-Commercial Bid/ Part –I”.

Envelope – C: The envelope shall contain the Price Bid (Annex-P) along with the withdrawal prices for deviation as declared as per format given in Annexure –D and shall be superscribed with the Tender Notice No., Due date and the words “Price Bid/ Part –II”.This envelope will be opened only for technically accepted bidders at a date to be intimated later on.

All the above three envelopes marked “A”, “B” & “C” are to be kept in sealed condition inside the main envelope superscribed on it the Tender Notice No., Due date and the words “ Maintenance Contract for C&I System (Field Portion) of Unit Nos.#4(210 MW),5&6 (250 MW–each),MTPS,DVC”.2. Before filling the offers, bidders are requested to go through the Other Terms & Conditions/General Conditions of Contract , DVC in order to familiarize with DVC’s Commercial Terms & Conditions, Cost of compensations for deviations.

3. The Bidder is also advised to visit and examine the site and will obtain on its own responsibility, all information that may be necessary for preparing the bid and entering into a contract for the subject AMC. The cost of visiting the site shall be at the bidder’s own expense.

4. On receipt of formal LOI/W.O in duplicate, one copy shall be returned to the Order issuing authority duly acknowledged with signature, seal of the firm with date as a mark of acceptance of the contract.

5. Unsigned offer submitted by any bidder will not be considered valid.

6. Modification and Withdrawal of Bids:

The bidder may modify or withdraw its bid after submission, provided that written notice of the modification or withdrawal is received by the owner prior to the deadline prescribed for bid submission. In no case cost of the bidding documents will be refunded. The bidder’s modifications

27

shall be prepared, sealed, marked and despatched as per original offer with superscribing the bid envelopes “BID MODIFICATIONS-ORIGINAL” and “BID MODIFICATIONS – COPIES”.

Contd-P/2

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7. Self certified Xerox copies of all relevant documents, wherevever needed are to be enclosed with the offer. However, DVC reserves the right to call for original document, if needed failing which the offer is liable for rejection.

8. DVC shall not be responsible in any way for any delay / difficulties/ inaccessibility of the downloading facility from the website for any reason whatsoever.

9. The tenderers who are found to be indulging in changing/ adding or deleting the contents of the downloaded tender documents will be liable to face necessary action as deemed fit including banning, suspension of business dealings etc.

10. In case of any discrepancies found between the down loaded tender documents from the website and the master copy available in the office of the Tender Inviting Authority, the latter shall prevail and will be binding on the tenderer(s). No claim / appeal on this account will be entertained or given cognizance.

11. Tenderers will be solely responsible for the correctness / genuineness of the downloaded tender documents from the website. If the offer submitted through the down loaded tender documents which are incomplete, or with changed contents, the offer will summarily be rejected.

12. Quotation submitted by the tenderers through Fax/ Tele-grams will not be considered valid.

13. Settlement of disputes and Arbitration:

Please go through the relevant Clause of “General Conditions of Contract”.

N.B

i) Bidders are requested to offer their pricing as per Annexure – P attached herewith.

ii) Deviations specifically declared by the bidders in the respective Deviation Schedules as per Annexure C (to be submitted along with the techno-commercial offer) and respective cost of withdrawal of such deviation as per Annexure D(to be submitted along with the price bid) will be taken into account for the purpose of evaluation.

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28

ALL RELEVANT FORMATS

29

Techno-Commercial Deviation Schedule

Bidder should agree to all the Techno-Commercial terms and conditions of the bid documents. However, deviation, if any, should be stated as per the following schedule and to be submitted along with the techno-commercial bid failing which it will be presumed that all terms and conditions are acceptable to them. Deviations taken elsewhere and not brought out in the following deviation schedule, the same will not be accepted. The owner reserves the right to reject the offer on account of such deviations if the bidder, on advice of owner, does not with draw the deviations.

Name of the Project …………………………………………………………………………

Your NIT No. ……………………………………………………………………………….

(Bidder’s Name & Address) …………………………………………………………………

To: ……………………………………

(Purchaser Name & Address)

Dear Sir,

Following are the deviations proposed by us relating to Techno-commercial terms and conditions. We confirm that we shall withdraw the deviations proposed by us at the cost of withdrawal indicated in the price bid failing which our bid may be rejected and Bid Security forfeited.

Sl. No. Clause No. Deviation

Date: ………………………. (Signature) ………………………………………….

Place: ……………………… (Name) ………………………………………………

(Designation) ………………………………………..

(Common Seal) ………………………………………

NOTE: If there are no deviations, this deviation schedule shall be submitted along with the Techno-commercial bid duly signed and stamped after stating “NIL DEVIATIONS”.

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30

ANNEXURE - C

COST OF WITHDRAWAL OF DEVIATIONS:

Name of the Project………………………………………………………………………..

Your NIT No. ……………………………………………………………………………….

(Bidder’s Name & Address) …………………………………………………………………

To: ……………………

(Purchaser’s Name & Address)

Dear Sir,

Following are the deviations proposed by us relating to Techno-commercial terms and conditions. We are also furnishing below the cost of withdrawal for the deviations proposed by us. We confirm that we shall withdraw the deviations proposed by us at the cost of withdrawal indicated in this attachment failing which our bid may be rejected and Bid Security forfeited.

Sl. No. Clause No. Deviation Cost of Withdrawal in Rs.

Date: ………………………. (Signature) ………………………………………….

Place: ……………………… (Name) ………………………………………………

(Designation) ………………………………………..

(Common Seal) ………………………………………

NOTE: Bidders may note that bids containing deviations without the cost of withdrawal price shall be considered as unresponsive offer and will be out rightly rejected. This schedule indicating the cost of withdrawal price for such deviations should be submitted along with the price bid only and will be taken into consideration for the purpose of bid evaluation.

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ANNEXURE-D

ANNEXURE-P

FORMAT OF PRICE BID

Sub: Maintenance Contract for C&I System (Field Portion) of Unit Nos.#4(210 MW),5&6 (250 MW–each),MTPS,DVC.

Sl. No. Particulars Rate (Rs.)( Per Month)

Amount(Rs.)

(For 24 Months)

01. Charges for the subject contract job considering the scope of work Rs. ------------------- Rs. -----------------

in totality(for all the Units#4,5 & 6).

------------------------------ Total: Rs.

-------------------------------

Notes : (1) Service Tax as applicable shall be borne by DVC.

(2) Contract shall be taken into account for all the Three Units (U# 4, 5& 6) in a comprehensive manner.

(Signature of the Contractor)

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FORMAT FOR B.G. IN LIEU OF EMD (On Non-judicial stamp paper of appropriate value)

To Damodar Valley Corporation, B.G.No.:- MTPS (O&M) Date:- P.O.MTPS, PIN:-722183, W.B.

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:

Whereas to participate in the said tender for the following:

1….. …. ….. ….. …. …. ….. … (Nature/items to be supplied as per NIT)

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 called the “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.

And whereas the Tenderer desires to secure exemption from deposit of Earnest Money and has offered to furnish a Bank Guarantee for a sum of Rs………… to the Corporation as Earnest Money.

Now,therefore,we the ………………….(Bank),a body corporate constituted under the Banking Companies(Acquisition and transfer of Undertaking)Act,1969 and Branch Office at…………(hereinafter referred to as the Guarantor)do hereby undertake and agree to pay forthwith on demand in writing by the Corporation of the said guaranteed amount without any demur, reservation or recourse.

Contd. ..P/2

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Page: 2

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 Tenderer 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 unrealized 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 remain in force upto………..and unless a demand or claim under the guarantee is made on us in writing within three months after the aforesaid date i.e., on or before the …………….all your rights under the guarantee shall be forfeited and we shall be relieved and discharged from all liability thereunder.

(Signature) ……………………………….

Date………….. Place .. .. .. .. . (Printed Name) ………………………….. (Designation) …………………………….

(Bank’s Common Seal) ----------

In presence of:

WITNESS (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.

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GUIDELINES FOR SUBMISSION OF BANK GUARANTEE

• The Bank Guarantee shall fulfil the following conditions in the absence of which they cannot be considered valid.

• Bank Guarantee shall be executed on non-judicial stamp paper of applicable value purchased in the name of the Bank.

• Two Persons should sign as witness mentioning their full name and address.

• The executors (Bank Authorities) should mention of the power of attorney no. and date executed in his/ her favour authorizing him / them to sign the document or produce the Photostat copy of power of attorney.

• The Bank Guarantee should be executed by a Nationalised / Scheduled Commercial Bank only. BG issued by rural Bank and Cooperative Bank is not acceptable.

• A confirmation letter of the concerned bank must be furnished as a proof of genuineness of the Guarantee issued by them.

• Non-judicial stamp paper shall be used within 06 months from the date of Purchase of the same. Bank Guarantee executed on the non-judicial stamp paper of more than 06(six) months old shall not be treated as valid.

• The contents of Bank Guarantee shall be strictly as per our Proforma.

• Each page of Bank Guarantee shall bear signature and seal of the Bank.

• All conditions, corrections, deletions in the Bank Guarantee should be authenticated by signature of Bank Officials signing the Bank Guarantee.

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DAMODAR VALLEY CORPORATION AGREEMENT FOR ANNUAL MAINTENANCE CONTRACT

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) “Commencement date” shall mean the date on which this Agreement shall come into force.

b) “Payment” shall mean the amount payable as specified in Clause 10

c) “Premises” shall mean the premises described in Schedule I

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d) “Notice” shall mean Notice complied with the terms of Clause 16

e) “Services”shall mean the detailed scope of work as described in Schedule II

f) “Terms & Conditions” shall mean the terms and conditions which is in the works and

procedural manual 2006 and the terms and conditions mentioned herein after and is binding on the

parties.

2. OBLIGATIONS OF THE PARTY OF THE SECOND PART

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;

(ii) The Contract Labour (Regulation & Abolition) Act, 1970 with Rules, Orders and Notification

made there under;

37

(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 to the Party of

the Second Part or to his authorized representative for performing the aforesaid services.

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.

38

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.

3. DEPLOYMENT OF EMPLOYEES BY THE PARTY OF THE SECOND PART

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.

e) The payment of wages, ESI, PF, bonuses and other benefits to the employees of the Party of the

Second Part shall be the exclusive responsibility of the Party of the Second Part and the employees

shall have no claim whatsoever on the Party of the First Part.

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 Cards to each worker

39

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 property

at their own cost and arrangement failing which Party of the First Part shall have right to recover

the cost from the Party of the Second Part.

l) The Party of the Second part as and when employed workman in case of any act of indiscipline

on the part of workmen/employees engaged by the Party of the Second Part, the Party of the

Second Part shall take suitable action against the delinquent employees with proper intimation to

the appropriate authority of the Party of the First Part.

40

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.

4. OBLIGATIONS OF THE PARTY OF THE FIRST PART

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.

b) The Party of the First Part shall make to the Party of the Second Part all payments, as per Clause

10, throughout the term of this Agreement or so long the Agreement subsists or the Party of the

Second Part performs its obligation under this Agreement.

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:

In terms of the General Terms of the Contract clause ________ (as applicable)

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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

As per the relevant clauses of work order

11. DURATION OF THE AGREEMENT

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

As Per the Clause 28 of the General Conditions of the Contract

13. CONSEQUENCES OF 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.

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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.

14. FORCE MAJEURE

As Per the Clause 27 of the General Conditions of the Contract

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.

17. SETTLEMENT OF DISPUTES AND ARBITRATION

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

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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 shall

be settled through Permanent Arbitration Machinery (PAM) of the Department of Public

Enterprise, Govt. of India as per prevailing rules.

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.

18. AMENDMENTS OF THE AGREEMENT

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.

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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

the workmen shall be borne by the Party of the Second Part. The gate passes shall be duly signed

by the Party of the Second Part with official seal in addition to the signature of the holder

(employee of the Party of the Second Part) and the authorised officer of the Party of the First Part.

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.

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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

carry out all reasonable directions of the designated Chief Engineer (O&M) of the Party of the

First Part or his authorized representative as the case may be.

20. CHANGE OF ADDRESS

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.

SIGNED, SEALED AND DELIVERED

Party of the Second Part Party of the First Part

in the presence of:- in the presence of:

1. 1.

2. 2.

SCHEDULE:- (I)

Premises at which the Services are to be required.

SCHEDULE:- (II)

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List of services to be provided at all the premises listed in Schedule

47