Page 1 of 47 TENDER DOCUMENTS DAMODER VALLEY CORPORATION KODERMA THERMAL POWER STATION DIST: Koderma (Jharkhand) Pin No.-825421 TENDER SPECIFICATIONS FOR “Annual Service Contract for liaison with colliery and railways authorities, supervision of loading of coal (BOBR & BOX-N Wagons) at loading point, unloading of coal rakes (BOBR & BOX-N) round the clock including Sundays and Holidays in Track Hopper as well as Wagon Tippler of CHP for Indigenous / Imported Coal and Operation & Maintenance of In-motion Weigh Bridge (Mech. Part).”
Transcript
Page 1 of 47
TENDER DOCUMENTS
DAMODER VALLEY CORPORATION
KODERMA THERMAL POWER STATION
DIST: Koderma (Jharkhand)
Pin No.-825421
TENDER SPECIFICATIONS
FOR
“Annual Service Contract for liaison with colliery and railways authorities, supervision of loading of coal (BOBR & BOX-N Wagons) at loading point, unloading of coal rakes (BOBR & BOX-N) round the clock including Sundays and Holidays in Track Hopper as well as Wagon Tippler of CHP for Indigenous / Imported Coal and Operation & Maintenance of In-motion Weigh Bridge (Mech. Part).”
Annexure –D : No relation & No accommodation certificate
Annexure –E : Format for BG in lieu of EMD
Annexure –F: Format for Bank Guarantee for security deposit for
100% payment.
Annexure –G: DVC’s Agreement Format
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DAMODAR VALLEY CORPORATION
KODERMA THERMAL POWER STATION DIST: Koderma (Jharkhand)
Pin 825421 Tel No: 06534-292156 NIT No. KT/SE C AND M/13/22/-375 Dt.22/07/2013
OPEN TENDER NOTICE さTHROUGH EにTENDERING PROCESS ONLYざ
On line quotation in Two part are invited from Experienced Bidders (qualifying criteria for bidders are given later) only by the Superintending Engineer(C & M), Damodar Valley Corporation, Koderma Thermal Power Station, Koderma, Pin:- 825421 through e-tendering process for the under mentioned subject work. For viewing detailed NIT, downloading tender documents and participating in electronic tenders, please visit the website: www.tenderwizard.com/DVC For viewing only detailed NIT and Qualifying Requirement, Bidders may also visit the website: www.dvcindia.org The prospective venders may download the tender documents from website www.tenderwizard.com/DVC directly. Bidders are requested to register themselves for participating in Electronic Tenders. OTHER RELEVANT INFORMATIONS:
Works Name さAnnual Service Contract for liaison with colliery and railways authorities, supervision of loading of coal (BOBR & BOX-N Wagons) at loading point, unloading of coal rakes (BOBR & BOX-N) round the clock including Sundays and Holidays in Track Hopper as well as Wagon Tippler of CHP for Indigenous / Imported Coal and Operation & Maintenance of In-motion Weigh Bridge (Mech. Part)くざ
NIT No. NIT. No. KT/SEC AND M/13/22/-375 ; Dtd:- 22/07/2013
Estimated Value (in Rs.) Rs. 6,13,88,385/- (Rs. Six Crore thirteen Lac eighty-eight Thousand three Hundred Eighty five only).
EMD in (Rs.) Rs. 6,13,884/- (Rs. Six lacs thirteen thousand eight hundred eighty-four only).
Cost of Tender Documents (in Rs.) (Non-refundable)
Rs.6000/- (Rupees six thousand only).
Date and time for online request for tender document
From 18:00 hrs. of 31/07/2013 up to 18:00 Hrs. of 28/08/2013.
Last date & time for Bid submission ( uploading)
Up to 15.00 Hrs. (IST) of 30/08/2013.
Date & time for Bid Opening After 15.30 Hrs. (IST) on 30/08/2013.
For viewing, downloading and participating in Electronic Tenders, the bidders are requested to visit Website www.tenderwizard.com/DVC.
NOTE:- Bidders, who have submitted their offer in the previous tender which was cancelled, required to resubmit their offer with the relevant amount of fresh cost of tender paper & EMD.
For any query/clarification regarding NIT, following official may be contacted:
a. Shri R.K. Anubhawi, SE (C & M), Technical Section, KTPS, DVC, Koderma. Mob.No.9430756002.
b. Md Sadique, AE(E),Technical Section KTPS ,DVC, Koderma. M. No. 9472324796.
The following points may please be noted: 01. Submission/uploading of Tender: Tenders will only be received in the website www.tenderwizard.com/DVC up to the due date & time for
submission (uploading) of tender. No hard copy of offer (except EMD and cost of tender document) will be
entertained. The prospective vendors should download the tender documents from website
www.tenderwizard.com/DVC directly. Bidder shall have to submit the bid online in the website
www.tenderwizard.com/DVC before the due date and time of bid submission (uploading). All the scanned
copy of supporting documents as mentioned in NIT(I,e.Techno- Commercial offer ,Qualifying Requirements
and duly filled Techno-commercial deviation schedule ) are to be uploaded with the bid positively. Price bid
schedule and Techno commercial schedule provided in separate excel sheet should be filled (as per
instruction) and upload the same.
02. Cost of tender documents:
The cost of tender documents (non-refundable) and its details shall have to be indicated while filling-up the
tender documents form available in the website www.tenderwizard.com/DVC . The Bidder shall also have to
submit the cost of tender documents in hard Copy ね (The bidder shall scan the Demand Draft/Pay Order
and upload the same in the prescribed form in the .jpeg format in addition to sending the original Demand
Draft/Pay Order before the date and time of openings of the bids ) of requisite amount as mentioned above
ｷﾐ デｴW aﾗヴﾏ ﾗa DD っ B;ﾐﾆWヴげゲ IｴWケ┌W ｷﾐ favor of Sr. ACAO, KTPS, DVC payable at SBI / Bank of India, KTPP
Earnest Money for amount as mentioned above must be deposited at office of SE (C & M), KTPS, DVC, KODERMA in HARD COPY before the due date and time of bid opening in any of the following instruments — (The bidder shall scan the EMD and upload the same in the prescribed form in the .jpeg format in addition to sending the original before the date and time of openings of the bids):- EMD can be submitted in the following form: a) Pay Order or demand draft drawn in favor of Sr. ACAO, KTPS, DVC payable at SBI/Bank of
India, KTPP Branch, Banjhedih, Koderma. b) Bank Guarantee (B.G) from a Nationalized Bank/ Scheduled Bank /Foreign Bank (in the
scheduled list of Reserve Bank India), irrevocable and operative till the validity of the offer as
per standard Performa . c) Post Office National Saving Certificate having face value equal to the EMD value and duly
endorsed in favor of DVC. d) Fixed Deposit Receipt issued by Nationalized Bank endorsed in favour of DVC. e) 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 provided necessary stipulation are made in the NIT.
Notes: a. Earnest money will only be refunded to the unsuccessful tenderer/ (s) after finalization of Tender
and no interest will be paid there on. b. The amount of Earnest Money will be refunded to the successful Tenderer after acceptance of
their S.D-cum-PBG/ successful completion of the order c. Small Scale Industries registered with NSIC shall be exempted from the payment of Earnest
Money. Small Scale Industries seeking such exemption must enclose valid registration certificate from the appropriate Govt. authority giving details such as validity, stores etc. failing which exemption will not be granted.
04. All tenderers would be bound by the terms and conditions as detailed in tender specifications by the
DVC and GCC available in http://www.dvc.gov.in/GCC-2009.pdf .
05. Scanned copies of the past performance/credential (Qualifying Requirement) must be uploaded in the
website along with tender. The Eligibility criteria for selection of bidders (Qualifying Requirement) have
detail been given in the NIT.
06. DVC reserves the right not to accept the lowest rate quoted by tenderer and reject any or all the tenders
without assigning any reason thereof if considered necessary.
07. On the due date of tender opening, first documents related to Cost of Tender and Earnest Money
(uploaded copy as well as hard copy) will be checked. Only after receipt of cost of tender and receipt of
requisite earnest money in proper form, the Techno-commercial Bid will be opened. The Price-Bid of
techno-commercially qualified bidders shall be opened online at a date which shall be notified later online
at www.tenderwizard.com/DVC. Bidders can view the Price bid opening date by logging in to the website.
08. Downloading of the tender papers/documents shall not automatically imply qualification of the firm for
bidding に which shall be determined during bid evaluation.
09. 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.
10. 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.
11. Any addendum/corrigendum/extension, if required, pertaining to the NIT will be hoisted in DVC
website www.dvcindia.org and www.tenderwizard.com/DVC 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.
Nearest Railway station: Koderma .Distance of project location from the Railway station: 12.0
km (Approx.)
Nearest Highway & distance from the project site: National Highway No. 31, - 7 km. (Approx.)
Superintending Engineer (C & M),
KTPS, DVC, Koderma. For and on behalf of DVC.
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ANNEXURE –I
SCOPE OF WORK
Sub:- Annual Service Contract for liaison with colliery and railways authorities, supervision of loading of coal (BOBR & BOX-N Wagons) at loading point, unloading of coal rakes (BOBR & BOX-N) round the clock including Sundays and Holidays in Track Hopper as well as Wagon Tippler of CHP for Indigenous / Imported Coal and Operation & Maintenance of In-motion Weigh Bridge (Mech. Part). Scope of Work: The objective of this contract is to ensure availability of required number of coal rakes for KTPS and evacuation of the same at KTPS track Hopper & wagon Tippler to meet the requirement of Coal at KTPS, without Railway Demurrage Charges. The Firm has to keep a close liaison with the concerned authorities of Coal Companies, Railways and DVC, KTPS. The Scope of Composite Work is broadly classified as – Part – A
(i) Liaison with Collieries & Railways for BOBR & BOX-N Indigenous / Imported Coal Rakes and Liaison with Railways for Imported Coal, if required.
(ii) Supervision of loading of Coal (BOBR & BOX-N Wagons) at loading point for Indigenous Coal. Part – B Unloading of BOBR Coal Rakes at KTPS Track Hopper & BOX-N Coal Rakes in Wagon Tippler for Indigenous
& Imported Coal Part – C Operation & Maintenance of In-motion Weigh-Bridge (Mech. Part) Part – D (Optional Job) Unloading Of BOX-N Coal Rakes at KTPS Track Hopper as and when required System Description
i) KTPS Coal unloading Track Hopper and Wagon Tippler are connected with Hirodih Railway station by single line Railway track with provision for waiting bay/shunting bay at two locations en-route for movement of Coal Rakes.
ii) Track Hopper: Length – 250 m, width – 6 m, capacity – 5500 MT, Rake placement mode – 22 nos. in one placement, Steel grating over hopper – 400MM X 400MM Mesh
iii) Wagon Tippler: Capacity - 20 Tips/Hr (Rated), Platform length - 17.35 M, Maximum angle of rotation - 1550 , Steel grating over hopper – 400MM X 400MM Mesh
iv) Number of wagons in each rake remains 59 normally but may vary between 52 to 62
v) Quantity of Coal per month to be unloaded: As per linkage/ FSA & MOU/ Import quota plus Quantity of coal from other sources likely to be received by KTPS from time to time during the contract period.
Note – The firm may visit the site at their own cost to apprise themselves of site condition prior to submission
of offer and may like to seek for pre-bid clarification if they so desire. The firm will be well intimated for liaisoning / supervision by KTPS authority in the even of coal being received from the sources other than the allocated siding against FSA/ MOU.
Part-A: (i) Liaison Jobs a) Liaison with Railways to ensure adequate number of Coal Rakes dispatch to KTPS One of the principal objectives of this composite work and the intended contract is to meet up requirement of coal and ensure timely delivery of rail bound sized coal to KTPS, to facilitate unhindered evacuation through the system. For the purpose, it is mandatory on the part of the firm to have close liaison with both Railways as well as Colliery Authorities at local and Headquarter level as deemed appropriate, to co-ordinate placement and movement of rakes. The firm has to ensure that sufficient no. of rakes are placed by the Railway for 100%
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linkage materialization and proper placement of rakes at designated siding at usual interval for loading of Coal of proper size. The firm will have to liaison with railways for imported coal rakes also, if required. Adequate managerial staff has to be deputed by the firm for liaison with different Railways, Viz. East Central Railways (Divnl. Office at Dhanbad), South Eastern Railways (Divnl.Office at Adra), Eastern Railways (Divnl.Office at Asansol), East Coast Railways (Divnl.Office at Bhubaneswar), South East Central Railways (Divnl. Office at Bilaspur) and also with Koyla Bhaban, BCCL at Dhanbad, ECL, Head Quarters, Sanctoria, MCL Head Quarters at Sambalpur, Odisha and other Rly. Divisional offices / HQs for timely placement and smooth movement of BOBR/ BOX-N Coal rakes. b) Liaison with CCL, BCCL, ECL & MCL for dispatch of Coal to KTPS Managerial personnel are to be deputed by the firm for liaison with HQs of CCL, BCCL, ECL & MCL and the relevant Collieries for required coal supply. MCL are mainly related to IV Valley & Talcher. However, the Linkages and the offered sidings may vary during execution of work depending on the decision taken by Colliery and Railway authorities. This should be taken care of by the firm during the contract period without any additional cost of DVC.
Linkages from ECL are likely to be related to both Raniganj and non-Raniganj areas. The firm has to interact with Railways offices at Dhanbad, Adra, Asansol and Raniganj for placement and withdrawal of rakes at loading & unloading ends as per requirement. Similarly for linkages from BCCL/ CCL, the firm has to interact with Railways offices for the placement of BOBR/ BOX-N rakes at loading & unloading points as per requirement. 100% linkage materialization is one of the principal assignment of the contract. These personnel should interact and report to the concerned KTPS officers on daily basis regarding programs of rake loading and movements of coal rakes to KTPS. 100% percent Linkage materialization is one of the principal assignment of Contract. As CSA with MCL has been finalized, if no. of siding increases then the firm is liable to depute their required manpower for liaison at all the sidings without any additional cost to DVC. Arrangements for transport for movement of the personnel of the firm as per requirement for smooth execution of the jobs are to be done by the firm at their own cost and risk. The total no. of rakes / month is to be taken as 90 (approx.) for bidding evaluation purpose. On actual it may vary. Part-A: (ii) Supervision of loading of Coal at loading point (Mines end/ Railway Siding) a) The firm has to supervise the loading of coal in BOBR/ BOX-N rakes by the dispatching colliery so as to
ensure good quality, sized coal free from stones, boulders, loose slurry and other extraneous materials like non coal matters, loose soil etc. In the event of loading of oversized coal/ uncrushed coal, loading is to be interrupted and it is incumbent upon the firm to ensure that the proper sizing is loaded otherwise cancellation of allotment of rake from particular siding is to be arranged in consultation with railways and coal company. The firm has to depute adequate experienced / efficient manpower with infrastructure at the loading point from where the load is dispatched.
b) The firm shall be responsible for supply of coal against the contracted quantity from the collieries of CCL,
BCCL, ECL & MCL to KTPS, DVC. c) The firm shall supervise and ensure that coal is loaded to the rated capacity of wagons. d) The firm has to depute adequate manpower for Rly. Sidings / collieries and as well as Power Station for
loading of sized coal as well as their unloading at Power Station end. e) The firm is required to inform the following matters to KTPS authority on daily basis – by email, FAX,
telephone etc i) Quality of coal and complains made thereof.
ii) Information about rakes under loading at different Rly. Siding and programme of their dispatch to KTPS as well as rakes in the pipeline.
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f) In order to ensure the quality of coal, the firm will have to monitor loading of coal in the wagons. The firm must put efforts to ensure that the wagons are loaded with quality coal from the mines/sidings excluding burnt coal, impurities etc. The firm should put effort so that sized coal (200 mm) without extraneous material (as far as possible) is loaded in the wagons for dispatch to KTPS. If proper quality coal is not available at the siding, then the firm must lodge a complaint with the colliery officials and the same must be reported to KTPS representatives and loading of such coal may be stopped. Representatives of the firm must register complaints in the complaint book kept at the sidings and maintain records of the complaints. The records may be sought by DVC, KTPS from the firm as per requirement.
g) The firm shall follow up with Coal Companies to ensure that the crushing and screening arrangements at
the collieries are always in working condition. In the event of outage or failure of said arrangement, the firm shall immediately lodge a complaint with the concerned authorities of collieries with intimation to the DVC and follow up for rectification of the defect with the colliery authority without any delay.
The total quantity of coal / month is to be taken as 3,15,000 MT (approx.) for bidding evaluation purpose. On actual it may vary. Part-B: Unloading of BOBR coal rakes in Track hopper & BOX-N coal rake in Wagon Tippler for
Indigenous Coal and Imported Coal a) On arrival of the rakes water spraying is to be done on the wagons for suppression of dust. b) After placement of rakes (BOBR) in the track hopper, arrangements shall be made for evacuation of
wagons by way of fitting compressed air hose pipe to each wagon operating cylinder for the opening of respective bottom discharge gate. The bottom discharge doors must be closed after total emptying of the wagons. The compressed air required for the opening/ closing of bottom discharge gate will be supplied by the compressors installed for the purpose.
Similarly, after placement of BOX-N rakes in track hopper if required as per site situation, all (four) doors of
the wagon are to be opened for clearing of coal into the gratings with the help of belcha. For this reason sufficient manpower are to be engaged so that unloading time can be minimized.
In case of wagon tippler, coupling / decoupling of engine and wagons to be carried out by the firm. Release
of brakes of the wagon is to be done after decoupling of the engine. During tippling, removal of boulders / stones from gratings and poking of coal inside the hopper has to be done by the Firm. Proper coordination with operation people in wagon tippler during tippling is to be done.
c) In order to ensure proper flow of coal through existing grating of track hopper and wagon tippler during
evacuation of wagon, the firm shall be capable with know-how and of mobilizing all resources for evacuation of loaded wagons efficiently even under any critical situation. Improper mixture of non-Coal matters with Coal is although not an uncommon feature, but now avoidable through proper monitoring at loading end which is one of the assignments of the firm also. Expectedly critical situation in the course of handling will not arise. However, Firm’s preparedness for all situations is mandatory. Proper flow of coal from track hopper to the paddle feeders and wagon tippler to apron feeder has to be ensured by regular removal of arching of coal in the track hopper and its wall, with better utilization of resources and efficient use of tools and tackles as required. For handling sticky/arched coal in the wagon, the workers, if required, have to be engaged inside those wagons for quick evacuation after taking shutdown of overhead traction line. Necessary safety measures have to be taken care of by the firm at no extra cost of DVC.
d) Tools & tackles and safety equipment required for execution of the jobs are to be supplied by the firm at
their own cost. DVC shall supply the Air hose pipes required for the unloading of wagons at track hopper. The firm have to provide suitable number of pneumatic hammers/ manual hammers at their own cost for breaking the oversized coal/boulders received with the rail borne coal. Required flexible pipes needed for operation of the said pneumatic hammers shall also be arranged by the firm at their own cost. Compressed air manifold for above operation shall be arranged by KTPS.
e) The Coal wagons are to be emptied totally and no residual Coal should be left in the wagons. f) The firm has to ensure that no workers are working beneath the wagon before giving clearance for
shunting.
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g) The firm has to deploy adequate infrastructural resources immediately after placement of the rake and initiate the manpower for the jobs. All safety measures are to be taken by the firm during execution of the jobs and also movements of the rakes on the track hopper so that no accidents occur. In case of any accidents arising during the execution of the jobs, the firm shall be fully responsible. DVC will have no responsibility whatsoever and kept fully indemnified.
h) Cleaning of track hopper area, wagon tippler area, beams, structures etc are to be carried out by the firm
on regular basis. Every day at morning (9 am to 9.30 am) Track hopper and Wagon Tippler will be jointly inspected by SE (M) or his authorized representative and the Firm’s representative for cleanliness of the Track hopper. In case cleanliness of the Track hopper & Wagon tippler is not found satisfactory, penalty will be imposed as per the Penalty clause stated herein after.
i) The firm shall ensure that no demurrage charge is required to be paid to the Railway authority on account
of delay in evacuation of wagons beyond specified free time provided by the Railway for such job. At present free time allowed by railways for evacuation of each BOBR coal rake is 2 (two) hours and BOX-N coal rake is Seven (07) hours which may however vary depending on the decision of railway authority.
j) Since it is incumbent upon the firm to supervise loading of sized coal at loading point in the colliery and co-
ordinate rake movement in close liaison with Railway authority as well as Coal Companies, the demurrage accrued in course of handling at Track hopper / Wagon Tippler shall be on Firm’s account except for reasons stated hereunder –
1. In case there is a planned shutdown of major system for preventive maintenance when operation of
standby system is also impeded and in case of derailment of wagon, not caused by boulder interference of jammed track.
2. Situation not permitting to the firm to work due to strike called by others except employees of the
firm. However, in case of strikes with advance intimation/information, firm will arrange prior entry of their work force to avoid any disruption of work assigned to them.
k) The conditions which are given hereunder are to be taken care of by the firm at their cost & risk for the
execution of contract. Since the transportation of rail borne coal originating from colliery end and terminating at KTPS unloading area depends on various factors beyond the control of DVC, bunching of rakes (arrival of two consecutive rakes back to back) is not an uncommon feature. The firm, whose one of the principal assignments includes liaison with Railways and coordinating the rake movement, will have to handle the situation at its sole risk and cost so far as demurrage is concerned.
l) Boulders and other foreign materials are to be removed immediately from the gratings and to break
oversize coal including poking through the gratings for reuse. The rejects/foreign materials, boulders etc. will have to be removed at the distance of 10-15 mtrs from the track hopper bay / wagon tippler and to be disposed with the help of trolley / tractor / dumper to a distant place (within a distance of 5-6 km approximately in both to & fro trip) as per direction of Engineer-in-Charge without any additional cost to DVC. Track hopper bay / wagon tippler has to be always maintained clean for free movement of working personnel. In exigency, mechanized removal (using JCB / Bobcat etc.) of stones/boulders from the track hopper / wagon tippler gratings must be resorted to at the direction of KTPS authority without any additional cost to DVC.
Stone and Boulders accumulated outside the Track Hopper / Wagon Tippler must be removed on regular basis and shifted to the designated places so as to avoid their cumulative accumulation outside Track Hopper / Wagon Tippler. Every day at morning (9 am to 9.30 am) Track hopper and Wagon Tippler will be jointly inspected by SE (FM) or his authorized representative and the Firm’s representative for accumulation of stone / boulders. In case it is found stone / boulders more than 30 MT, penalty will be imposed as per penalty clause stated herein after. If the firm fails to dispose of the stones to the designated place, DVC may deploy / engage any third party for disposing of the stones to the designated place and DVC reserves the right to deduct penalty equivalent to one and half times the charge paid by DVC to the third party from the running bills or any other bill of the Firm for each such occasion.
m) It will be the sole responsibility of the firm to arrange vehicles round the clock at its own cost to facilitate
shifting of Railway Guard/ Driver/ Shuntman from KTPS to Hirodih / Koderma Stn. & vice versa during long
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Hrs. duty of Driver/Guard as the situation warrants. Proper Co-ordination of rake movement is required to be ensured to avoid occurrence of such a situation. This is essential for reducing coal evacuation time at Track Hopper & wagon tippler. Moreover, the firm is to arrange for hospitality of the railway people during stay at KTPS siding. If required, food is to be arranged for railway peoples.
n) The firm will have to arrange shuntman, porter and pointsman as and when required at their own cost and
risk for operating the manual / motorised points, coupling / decoupling of wagons, connecting the air hoses so that timely movement of rakes can occur from Hirodih to KTPS siding or vice-versa.
o) If any BOX-N wagon is found to be bulged or side door opened i.e. could not be tippled in Wagon Tippler,
the same has to be unloaded be the firm manually by opening its doors at the side of the railway track outside the Wagon Tippler complex and the coal has to be transported manually or by mechanical means to the hopper of Wagon Tippler by the firm without any additional cost to DVC.
The total no. of wagons / month is to be taken as 5400 (approx.) for bidding evaluation purpose. On actual it may vary.
Part – C: Operation & Maintenance of In-motion Weigh-Bridge
a) Operation of in motion weigh bridge during rake movement to monitor the weight of rake b) Maintenance of Weigh Bridge & associated system along with rail track for the portion of In-Motion
Weigh-Bridge. Part – D: (Optional Job) Unloading of BOX-N Coal Rakes at KTPS Track Hopper as and When Required The above Extra job under exigency would be decided by DVC as and when situation would warrant for getting the job done by Firm. If Wagon Tippler system is under break down or there is branching of BOX-N coal rakes, BOX-N rakes is to be unloaded in track hopper as per site situation, all (four) doors of the wagon are to be opened for clearing of coal into the gratings with the help of belcha. For this reason sufficient manpower are to be engaged so that unloading time can be minimized. Facilities to be provided to the Firm by DVC free of cost: a. Electric power supply (415 volts) and water required for the work will be supplied free of cost by DVC for
the execution of the work at fixed location only from which additional distribution can be arranged by the
Firm.
b. Open space shall be provided at KTPS premises subject to availability by DVC free of cost for the Firm to
make his own office, stores and workers rest room, Manager’s room at their own cost.
c. Subject to availability internal telephone shall be provided free of cost to the extent possible.
d. Compressed air will be supplied free of cost at certain location for work assistance.
Facilities to be provided to the Firm by DVC on chargeable basis:
a. Subject to availability, guest house accommodation may be provided for restricted period at DVC’s
standard charges/ norms.
b. Medical facility if available shall be provided as per DVC’s standard charges and norms.
Subject to availability, suitable unfurnished residential accommodation may be provided by DVC on chargeable basis as per prevailing rates
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ANNEXURE-II
QUALIFYING REQUIREMENT The bidders shall have the following working experience of: A. At least one (01) year experience in the following areas in any Thermal Power Utilities like DVC/NTPC/SEBs/Govt. /PSU/Other reputed organization having experience in any thermal power plant:
i. Unloading of BOBR Coal Rakes at Track Hopper and removal of stone/boulders from Track Hopper gratings and breaking of oversized coals.
ii. Unloading of BOXN Wagons at Wagon tippler and removal of stone/boulders from Wagon tippler gratings and breaking of oversized coals.
iii. Liaison with Railway & Coal Companies with the objective of maximizing materialization of coal for linked quantity and execution of work for unloading of Coal Rakes (BOBR or BOX-N or both) in the track hoppers.
Or Work of Supervision at Loading ends and related activities at Colliery loading points pertaining to control of
ヮｴ┞ゲｷI;ﾉ ﾏ;デヴｷ┝ ﾗa Iﾗ;ﾉ HWｷﾐｪ ﾉﾗ;SWS ｷﾐデﾗ ‘;ｷﾉ┘;┞ ┘;ｪﾗﾐゲ ;ゲ ヮWヴ ┌ﾉデｷﾏ;デW Iﾗﾐゲ┌ﾏWヴゲげ ヴWケ┌ｷヴWﾏWﾐデ ;ﾐS execution of work for unloading of Coal Rakes (BOBR or BOX-N or both).
Or Work of Supervision of Loading and related activities of coal rakes at Colliery loading points pertaining to
Iﾗﾐデヴﾗﾉ ﾗa ヮｴ┞ゲｷI;ﾉ ﾏ;デヴｷ┝ ﾗa Iﾗ;ﾉ HWｷﾐｪ ﾉﾗ;SWS ｷﾐデﾗ ‘;ｷﾉ┘;┞ ┘;ｪﾗﾐゲ ;ゲ ヮWヴ ┌ﾉデｷﾏ;デW Iﾗﾐゲ┌ﾏWヴゲげ requirement, liaison with Railways & Coal Companies to maximize linkage materialization or offer due to any other bilateral/tripartite arrangement and execution of work for unloading of Coal Rakes (BOBR or BOX-N or both). B. Credential in respect of prospective Bidders:
The bidder's experience of having completed similar work during last 7 years ending last day of month previous to the one in which offers are invited should be either of the following:
i) Three similar completed works each costing not less than the amount equal to 40% of the estimated cost.
Or ii) Two similar completed work each costing not less than the amount equal to 50% of the estimated
cost. Or iii) One similar completed work costing not less than the amount equal to 80% of the
estimated cost. C. Financial criteria:
The bidder's Average Annual financial Turnover of last three years ending on 31.03.2012 should be at least 30% of the estimated cost of the work specified in the NIT/tender.
5% tolerance in Quantum of QR shall be considered under Sl. No. B & C above during evaluation of the bids.
Similar Works: Similar woks is defined by the following activities for any Thermal Power Utility / Bulk coal Consumer like DVC/ NTPC/SEBs/Govt./PSUs and other reputed organizations as follows:- Similar works is defined as per Sl. No. A (i), (ii) and (iii) (a) or (b) or (c). Completed works means the executed/completed portion of work orders for above mentioned works in thermal power plants like DVC/NTPC/SEBs/Govt./PSU/other reputed organizations, 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 copies of RA bills) or any relevant documents, which is sufficient to proof the works completed. Essential Documents: The following self-attested documents, duly sealed must be submitted along with
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Techno-Commercial part to substantial credential criteria mentioned under S. No. B & C above failing which tender shall not be considered without any further reference and the decision of DVC will be final in this regard:
Executed value of the work order certified by the concerned authority. Self- certified copy of LOI/WO/Agreement in support of Credential as per above. Audited Annual Accounts Report, Balance sheet, Profit & Loss account of preceding three years
ending on 31.03.2012. Latest Bank Solvency Certificate as per norms. Status of organization i.e. company Registration certificate, Article of Association/ Proprietorship or
Partnership Deed as the case may be, with documentary evidence. Service Tax Registration certificate. PAN Number. No relation certificate.
Note: DVC reserves the right to call for original documents at any time before or after award of contracts.
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ANNEXURE-III
TECHNICAL TERMS AND CONDITION
1. Guidelines regarding performance of work: The firm should have a sound site organization to take care of this aspect of work. The firm should clearly
understand that technically competent supervision of work is an extremely important part of the work specified in this contract.
The firm will perform the subject work in accordance with the guidelines contained in the work order and the instructions of the Engineer –in –Charge keeping in mind the latest technical specifications and IS codes in practice.
Any deviation from the scope of work without the consent of the Engineer –in –Charge will not be allowed. Only the Engineer–in- Charge will be empowered to change or modify the guidelines or instructions given or laid down earlier.
All incidental items of work not shown or specified but reasonably implied and found to be necessary for successful completion of the work shall be deemed to be included in the scope of work at no extra cost to DVC.
In case of any doubt or contradiction, the decision of Engineer–in–Charge will be final. 2. Supply and use of safety equipment: All the safety equipment such as helmets, safety shoes, hand gloves, dust mask, and other safety measures and personnel protection equipment are to be provided by the firm to his workmen at their own cost. The workmen of the firm must use the safety equipment as per the requirement without fail. 3. Test certificate of safety equipment: All other safety equipment like helmets and safety belts etc. must be purchased from standard companies and to be used only after getting tested. 4. Observance of safety rules: It is the responsibility of the firm to comply with all the safety rules and regulations applicable in the plant
area. Ignorance of safety rules and statutes will not be a valid excuse. The employees of the firm will have to strictly observe safety rules and comply with statutory requirement
concerning the safety. Any violation thereof by any employee will expose the firm to penalty given herein under in penalty clause.
5. Medical fitness of the employee: The firm will have to ensure proper medical fitness of the employees employed by him and shall comply with relevant Clause. 6. Work accident: The firm will be totally responsible for the safety of the workers employed by him. In the event of any work accident, major or minor, the firm’s representative must take care of the injured person immediately and provide him the required treatment suggested by the doctor. 7. Work permit: As the area of work is highly sensitive with respect to safety hazards, the responsible supervisors /Engineers of the firm must take proper work permit, shut down clearance and other instructions from the Engineer-in-Charge or his representative daily before start of the work. 8. Compliance with all laws of the land The Firm shall be responsible for compliance of all the following rules and regulations of the land and subsequent amendment, if any during the pendency of the contract period to the same as detailed but not limited.
a) Factory Act b) Minimum Wages Act: The Firm is to be given payment to their personnel as per prevailing rates of
KTPS, DVC. c) Payment of Wages Act d) Bonus Act
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e) Contract Labour (Regulation and Abolition Act) as prevalent and the Rules and Regulations made therein from time to time and shall indemnify and hold harmless the purchaser against any claim arising out of compliance or non compliance and / or accident to the third party.
EPF & ESI provision shall have to be made by the Firm as per prevailing rules and the same to be in force
from time to time during the tenure of the contract. The liability to comply with all related formalities shall rest upon the Firm.
The Firm shall obtain necessary License under Section 12(1) of CLRA Act, 1970 from the concerned Office of the Regional Labour Commissioner (Central) in line with Amendment of Industrial Dispute Act 1947 in regard to ‘Appropriate Government’ vide the Gazette of India notification No.32 dated 19/08/2010 and even no. 1928 dated 15/09/2010 by the GOI, Ministry of Labour & Employment.
No child labour shall be engaged by the Firm as per statutory rule of Govt. of India. All suits arising out of the enquiry and subsequent WO, if any, are subject to jurisdiction in the city of
Kolkata in India and no other Court. 9. Period of Contract: The Contract will remain valid for a period of 01 (one) year from the date of actual commencement of the work by the Firm after successful site mobilization. Contract may be extended for another 01 (one) year at the same rate and terms & conditions on review of the Firm’s overall performance. In that case the Security Deposit Bank Guarantee has to be extended accordingly. No escalation of rates will be allowed on any ground during first one year period or during extension period of contract. 10. Site Mobilization: A) The Firm on whom the order will be placed, will be intimated well in advance through telephone/ e-mail/
FAX/ by post and they will have to mobilize the site within ten (10) days time from the date of intimation. If the firm fails to mobilize the site within the above mentioned period, the expenditure incurred for the period delay in mobilisation beyond the said period by engaging the alternative agency to carry out the job during that period has to be borne by the firm as applicable thereto. The amount thus incurred shall be realised from the running bill of firm as per decision of competent authority.
B) Starting date of the contract will be under the discretion of DVC, which will be decided depending upon the site situation and the decision of DVC will be final in this regard.
C) No advance payment towards mobilisation will be provided by DVC. In case of failure to mobilize and start the work, the EMD shall be forfeited.
11. Co-operation with Other Firm The Firm shall fully co-operate with DVC’s other Firms for associated plant and subsidiary as well as other similar activities. 12. The Firm shall not sublet either whole or any portion of the work to any third party.
13. DVC will not be responsible of any type of employment to the workers of the Firm. 14. Agreement The Firm have to execute an agreement with DVC as per DVC norms before the start of work. No payment will be made unless agreement is executed. 15. Performance Evaluation The Performance evaluation report is to be signed jointly by the firm and Engineer-in-Charge on monthly basis. The payment of running bill will be held up if the format is not completed within the specified time. The performance evaluation report will be part of the measurement book and record in MB will be done accordingly. 16. Validity of offer should be 180 days from the date of opening of tender.
17. Sufficient Tools & Tackles required for execution of job will have to be arranged by the Firm at their own cost.
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18. Penalty: General Penalty Clause
Penalty for the Scope of Work under Part-A.
Part-A (i) – a) In case the Firm fails to achieve materialization of 60% of FSA & MOU approved Rail-Linkage in terms of
no. of Rakes for KTPS in a month, no payment shall be made for this part of the contract (no. of Rakes covered by FSA& MOU approved Linkage shall be calculated on the basis of 10,500 MT for three (03) no. Rakes).
b) In case the bidder achieve materialization above 60% of FSA & MOU linkage allotted to KTPS in a month,
payment shall be made on the percentage-materialization of FSA& MOU linkage allotted to KTPS in that month as per formula given under Terms of Payment (c) –(i).
Part-A (ii) – a) In case the Firm fails to achieve materialization of 60% of FSA & MOU approved Rail-Linkage in terms of
Quantity for KTPS in a month, no payment shall be made for this part of the contract. b) In case the bidder achieve Quantity-wise materialization above 60% of FSA& MOU Linkage allotted to
KTPS in a month, payment shall be made on the percentage-materialization of FSA & MOU linkage allotted to KTPS in that month as per formula given under (c) -(ii).
Penalty for the Scope of Work under Part-B & Part-D i. Penalty on account of delay in unloading ( Part B of the contract) shall be determined by the clause
covering the “Demurrage” as hereunder and also by the conditions mentioned hereinafter –
Demurrage – (a) Railways impose penalty in the form of ‘Demurrage Charges’ accrued, mainly based on detention of rakes.
The causes of detention are manifold. Receipt of oversized coal/ non-Coal matters like boulders, stones etc. causing problem of evacuation, untimely placement of rakes, bunching of rakes, system (both Railways and KTPS, CHP) failure, are few amongst many of the attributable causes. Since co-ordination with Railways and Coal Companies for placement of rake at proper siding and work in tandem with them at loading end to ensure loading of sized coal without any extraneous material is the responsibility of the Firm, the demurrage accrued in the course shall be payable by the Firm.
(b) Demurrage charges imposed by Railway is ex-parte in nature and is a subject to arbitration with the
Railway authority for which there is a defined procedure and Rlys. have often been found to have taken care of factor attributable to Railways for granting waivers. Firm may like to submit an appeal to KTPS with supporting details and reasons for review by Railways. The net payable demurrage after review by Railway shall have to be entirely borne by the Firm.
(c) Power block in OHE Lines disrupting Rail movement, Coupling detachment, brake jamming, vacuum
failure, Railways signal and communication failure amongst others, which are also causes of detention mainly attributable to Railways.
(d) Final settlement of payable demurrage charges on review by Railway may take time. For the purpose of payment of monthly bills the Firm are allowed the option of depositing a BG/ Advanced Bank Draft worth Rs. 7.5 Lacs (Rupees Seven Lac Fifty Thousand) only as caution deposit against likely demurrage charge to be payable, otherwise caution money deposit will be recovered from available monthly running bill subject to adjustment or refund after final settlement with Railways.
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ii. Non cleaning of stone/boulders/coal dust accumulated in the central gratings as well as side gratings & walkways, over the beams, concrete walkway along the both sides of the Track Hopper and it’s structures as per direction of EIC or his representatives as recorded in the co-ordination meeting, a penalty of Rs. 500/- per 50 mtrs or part thereof of Track Hopper will be imposed per occasion and the same will be deducted from RA bill of the firm.
iii. Non cleaning of stone/boulders/coal dust accumulated in the gratings, over the beams, front portion of
the Wagon Tippler complex as per direction of EIC or his representatives as recorded in the co-ordination meeting, a penalty of Rs. 1000/- will be imposed per occasion and the same will be deducted from RA bill of the firm.
iv. In case it is observed that firm is violating any safety norms or any of his working practices is detrimental
to the safety of man or a machine a penalty will be imposed as per safety clause/ manual of DVC and the same will be deducted from RA bill of the firm.
v. In case of non-availability of necessary tools and tackles for execution of the unloading work a penalty of Rs. 1,500/- per coal rake is liable to be imposed and the same will be deducted from RA bill of the firm.
vi. In case, during the period of shifting of stone/boulders from Track Hopper / Wagon Tippler to disposal
yard it is found on inspection that coal is present with stone, a sum of Rs.1,000/- will be deducted from the Firm’s RA bill per occasion.
vii. During unloading of coal rakes, at least two (02) nos. supervisors in Track Hopper and one (01) no.
supervisor in Wagon Tippler should be engaged by the firm, failing which a penalty of Rs. 1,500/- per coal rake is liable to be imposed and the same will be deducted from RA bill of the firm.
viii. If more than 30 MT of stone / boulders found to be accumulated along the both sides of Track Hopper
and in the adjacent areas of Wagon Tippler complex, a sum of Rs. 1000/- will be deducted from firms RA bill per occasion maximum up to 7 days. Thereafter DVC may deploy alternative means to get the area cleared and 1.5 times of the same cost will be deducted from the firm’s RA bill.
Penalty for the Scope of Work under Part-C For maintenance, a time frame will be fixed by DVC considering all ground realities. If the firm fails to complete the work in that time for reason not attributable to DVC, a penalty will be imposed @1% per day of the value of the jobs from the running bill subject to a maximum of 10% of the value of the job for the delayed period. In this respect, the decision of Engineer-In-Charge will be the final & binding by the firm. 20. Terms of Payment: All payment shall be made against the Measurement of work as defined below - For the Scope of Work under Part-A. a) The firm should ensure that maximum quantity of Coal is received by KTPS as per the FSA& MOU quota allotted to KTPS from time to time. b) The bidder should quote the rate on “per Rake” basis for Part-A (i) & on “per MT” basis for Part-A (ii) against the FSA & MOU quota / Estimated Quantity / No. of Rakes allotted / likely to be allotted to KTPS. However, Payment shall be made on the RA bills on the proportionate percentage of materialization achieved above 60% of FSA & MOU linkage allotted to KTPS in the month subject to usual deduction of Taxes and duties as leviable. (c) Method of Calculation of Monthly Payment: (i) Say,
S= Annual contracted quantity as per FSA& MOU to KTPS for a particular month in terms of No. of Rakes. (For rail borne coal only).
Q= No. of Rakes received by KTPS for that particular month. P=Quoted rate of the Firm Rupees per Rake received at KTPS. M=Percentage of materialization achieved by the Firm in the month. Then, M=Q/S X 100
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If M is up to 60% No payment If M is greater than 60% Then, Value of “M” Payment Above 60% upto 70% (Q.P) Above 70% upto 80% 1.05 (Q.P) Above 80% upto 90% 1.10 (Q.P) Above 90% upto 100% 1.15 (Q.P) Above 100% 1.20 (Q.P) (ii) Say, S=Annual contracted quantity as per FSA& MOU to KTPS for a particular month in MT. Q=Quantity as per Loading end weight delivered to KTPS in MT. P=Quoted rate of the Firm Rupees per MT of coal delivered. M=Percentage of materialization achieved by the Firm in the month. Then, M=Q/S X 100 If M is up to 60% No payment If M is greater than 60% Then,
Value of “M” Payment
Above 60% upto 70% (Q.P) Above 70% upto 80% 1.05 (Q.P) Above 80% upto 90% 1.10 (Q.P) Above 90% upto 100% 1.15 (Q.P) Above 100% 1.20 (Q.P) Payment for both the above cases (i & ii) will be based on categorical materialization as per respective Table and will be summed up accordingly to ascertain final payable amount on this account. For the Scope of Work under Part-B. 100% payment shall be made on the R.A bills against the numbers of BOBR / BOX-N Coal Wagons unloaded at KTPS in a month subject to usual deduction of Taxes and duties as leviable. The deduction of the cost of demurrage as may be accrued in the course of handling and as billed by Railways may be kept withheld till final settlement against deposit of caution money in the form of B.G. of Rs. 7.5 Lacs (Rupees Seven Lac Fifty Thousand) only as detailed hereinbefore. The one time Caution money (B.G/Advanced Bank Draft) shall remain valid covering contract period to facilitate release of monthly R.A bill without instant recovery of demurrage charge. Penalty due to accrual of demurrage will as such be on firm’s account as stipulated. Three copies of the bill and the original copy pre-receipted with Revenue stamp should be submitted. Special Conditions for the Scope of Work under Part-B: a) If for any reason/ factors whatsoever other than not attributable to the Firm herein under, rake supply is
disrupted and intake goes down, firm will be entitled to payment equivalent to 1800 BOBR wagons for sustaining his workforce when total monthly intake goes down below 30 rakes even.
b) The attributable reasons towards the Firm however excludes defined force majeure condition, major
strike, flood and other act of nature in the Colliery area, affecting the Colliery, siding etc. and disrupting Rail movement and KTPS’s written instruction to reduce Coal intake depending on its plant condition.
c) In case of force majeure and unavoidable circumstances continuous for part of a month, the firm shall be
entitled to pro-rate payment computed for days of interruption, based on minimum of 1,00,000 MT / month and actual payment for quantity of coal received at KTPS.
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Caution Money – For the payment of monthly bills, the firms are allotted the option of depositing a Bank Guarantee / Advanced Bank Draft worth Rs. 7.5 Lacs (Rupees Seven Lac Fifty Thousand) only as Caution Money Deposit against likely Demurrage Charge to be payable, otherwise Demurrage Charges will be recovered from Running Bill, subject to adjustment or refund after final settlement with Railways. The Bank Guarantee must be as per enclosed DVC's SDBG Format and issued by any Nationalized / Scheduled Commercial Bank only. The B.G. should remain valid throughout the contract period with a claim period of another 06 (six) months. Against the Caution Deposit, Deduction of Demurrage Charges accrued in each month shall be withheld to facilitate release of R.A. Bill with usual deduction other than demurrage, which will duly be finally worked out on reconciliation with Railways within following 2/3 months. No interest shall be paid on the Advanced Bank Draft deposited against Security Deposit and Caution Money Deposit. For the Scope of Work under Part-C 100 % payment shall be made against the monthly running bills normally within a fortnight on presentation of bills in triplicate after satisfactory completion of the assigned work and on due certification by the Engineer-in-Charge subject to statutory deductions as applicable. For the Scope of Work under Part-D All the payment terms are included in the payment terms of Part–B. Payment will be made on actual numbers of BOX-N wagons unloaded in Track Hopper.
Note:- Deployment of local labour for unskilled work is as per DVC norms.
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ANNEXURE-IV
OTHER TERMS & CONDITIONS
1) The price must be firm as per scope of work throughout the contract period.
2) Bid evaluation will be done on Overall L1 basis.
3) SERVICE TAX: Service tax, if applicable, will be mention clearly otherwise it will be considered to be
inclusive.
4) SECURITY DEPOSIT-CUM-PERFORMANCE GUARANTEE : • Security Deposit in the form of BG of 10% ordered value/10% ordered value in Advance Bank Draft/Pro-rata deduction @ 10% from the running bill/submitted invoice may be allowed at the discretion of Tender Inviting Authority for any site packages upto Rs. 100 lacs (Rs.25 lacs for HQ package/procurement) with EMD equivalent (2% of total order value) as initial SD.
• Pro-rata deduction @ 10% is also allowed as SD for scheduled upward variation on account of variation of scope/quantity/price for any value of contract irrespective of instrument used for original SD. The amount so deducted /accepted as SD to be refunded to the bidder after completion of warranty/guarantee period as mentioned in the contract.
For all other cases, the successful tenderer will have to deposit as security, for satisfactory execution of the order, and for guaranteed performance of the supplied item/executed works or services for an amount equivalent to 10% of the ordered value in the form of Bank Guarantee (as per DVC format) within 30 days from the date of issuance of Purchase Order/Work Order, from any Nationalised / Scheduled Bank and it should have validity initially for 18 months from the date of execution of BG plus 6 months claim period thereafter. The said BG should be extended suitably covering the entire warranty period plus 6 months claim period after despatch of materials.
No payment, whatsoever will be made till the acceptance of SDBG/deposit of initial SD as the case may be as per the terms of the contract. In case banks refuse to issue BGs having Claim Period separately, the validity period of those BGs may be taken as warranty period plus six months.
In case of acceptance of SD in the form of Demand Draft or pro-ratareduction from running bills/submitted invoices, the amount so accepted/deducted as SD may be refunded to the vendors after submission of acceptable BG of equivalent amount valid till expiry of warranty/guarantee period plus six months claim period or valid covering warranty/guarantee period plus six months.
5) LD Clause: In case of delay in completion of assigned job beyond a mutually agreed time schedule
due to any reason on the part of the contractor, penalty will be charged @ 0.5% of the value of the delayed work (which will be estimated by the DVC engineer/s concerned on the basis of the work involved) for each week of delay and part thereof subject to maximum of 5% of the total value of the work order.
6) Conditions for Forfeiture of EMD: The same shall be applicable as per relevant clause of GCC and W & P manual.
7) Note –All Tenderers would be bound by the terms and conditions as detailed in the tender specification by DVC and General Conditions of Contract (GCC). Bidders are requested to go through GCC (General Conditions of Contract) on DVC website – www.dvcindia.org. Terms and conditions which are not specifically mentioned in the NIT and Tender Documents shall be covered by the General Conditions of Contract.
8) Settlement Of Disputes And Arbitration:-
The parties shall use their best efforts to settle amicably all disputes arising out of or in connection with their contract or the interpretation there of. Any disputes between the parties as to matters arising
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pursuant to their contract which cannot be settled amicably within 30 (thirty) days after receipt by one Party of the other Party’s request for such amicable settlement, the dispute may be submitted by either Party for settlement in accordance with the Arbitration clause in DVC’s General Condition of Contract. 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 Secretary, CEO of DVC, kolkata-54 or to a person nominated by him for arbitration. The Arbitration shall be conducted in accordance with the provisions of arbitration and conciliation law 1996 or latest and the decision/judgment of Arbitrator(s) shall be final and binding on both parties. However, in case, contractor is a Central Public Sector Enterprise, the dispute arising between the owner and contractor shall be settled through permanent arbitration machinery (PAM) of the Department of Public Enterprise, Govt. of India as per prevailing rules. 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.
9) Confidentiality –
The Vendor, his Sub-Vendor and the personnel of either of them shall not, either during the term or within two (2) years after the expiration of this contract, disclose any propriety or confidential information relating to the Project, the Services, this contract or the Owner’s business or operations with the prior written consent of the Owner.
10) Documents Of Authority To Sign Tender –
The signatories of the offer must enclose the authorization to do so along with the offer.
11) Deployment of local labour for unskilled work is as per DVC norms.
12) The firm has to support in generating contractor performance evaluation sheet (In the prescribed format as per annexure- enclosed). No bill will be passed before submission of contractor performance evaluation report.
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ANNEXURE-V GENERAL INSTRUCTIONS TO BIDDER
1. E-TENDERING
This tender is being processed through e-tendering system. For viewing detailed NIT, downloading of
tender documents and participating in Electronic Tenders, bidders should visit
www.tenderwizard.com/DVC
2. DIGITAL SIGNATURE
The Bidders should have a valid Digital Signature Certificate (DSC) for participating in DVC’s e-
tendering system (for logging in, downloading the bid documents and submitting their e-tender
documents by uploading in website). Digital signature certificates shall have to be obtained by the
Bidders at their own cost from any of the authorized agencies of CCA (Controller of Certifying
Authorities) or through our service provider M/s ITI Limited. For this, requisite fees would be payable
by the Bidders to the authorized agency of CCA/ M/s ITI Limited.
3. REGISTRATION PROCESS
After obtaining Digital Signature Certificate, as indicated above, the Bidders are required to get
themselves registered (if not registered earlier) with the website www.tenderwizard.com/DVC. The
detailed procedure for registration is available in www.tenderwizard.com/DVC :
NB: If the Bidders face any problem during registration process, they may download the Vendor’s
Manual from the site or are requested to approach/contact M/s. ITI Limited, 22, C. R. Avenue, Kolkata-
22126353) and e-mail: [email protected]), visiting www.tenderwizard.com/DVC and
clicking on “Help Manuals”. They may also contact the ITI representatives for any further assistance.
It is further mentioned that M/s. ITI Limited's representatives, (i) Mr. Kumar Prakash (Mobile No.
7278929467) , (ii) Mr. Abhishek Kumar (Mobile No. 7278929468) & (iii) Mr. Ravikant (Mobile No.
8820082290) are available personally at Help Desk at DVC Towers and MTPS Technical Section
during the office hours and for any queries they may please be contacted at Mobile No. 7278929467 ,
Mobile No. 7278929468 & Mobile No. 8820082290 on 7x24 hours basis. Bids can be uploaded with
their help, if so desired by the bidder.
Further, persons who can be contacted for clarification about e-tendering procedures are (i) Mr.
Kanak Tiwary, Sr. Executive (CRM) (Mobile No. 9681094166) & (ii) Mr. Ranjan Kumar, Asstt. Project
Co-ordinator (Mobile No. 8017093094) of M/s. ITI Limited.
4. Submission of Tender cost, EMD and NSIC certificate for Tender: The Tenderers shall submit Tender cost along with Earnest Money Deposit (EMD) and NSIC certificate (if applicable) in the following manner:
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Main Envelope: The Tenderers shall submit their Tenders cost, EMD in sealed envelope superscribing the same with the Enquiry No. & due date of opening which will contain 2 (Two) sealed envelopes distinctly marked “A”&“B” as follows:
Envelope – “A”: The envelope shall contain the Tender Cost of appropriate amount in appropriate form and shall be superscribed with Tender Notice no., Due date of opening and the words “Tender Cost”.
Envelope – B: The envelope shall contain the Earnest Money Deposit (EMD) of appropriate amount in appropriate form and shall be superscribed with Tender Notice no., Due date of opening and the words “Earnest Money”.
If the bidder wants to submit NSIC certificate in lieu of EMD & Cost of tender of document the same may be send in an envelope superscribed with Tender Notice no., Due date and the words “NSIC certificate”.
All the above envelopes marked “A”, “B” are to be kept in sealed condition inside the main envelope superscribed on it the Tender Notice No., Due date and the subject works.
5. The Bidder shall fill up the Tender document Sheets ( all the related Annexure and schedules) in all
respect by inserting correct applicable ‘data’ against each item / Sl .No positively and to be uploaded along with all the scanned documents required as per NIT, failing which the tender will be rejected.
6. Quotation must be kept valid for at least 180 days from the date of opening of the Enquiry/Tender 7. Authorized representative of the firms may attend the opening, if so desired. If the due date of opening is
declared a holiday by DVC then opening will be done at the same specified time on next working day. Further in case of any change of venue, date & time, the same will be intimated / uploaded on website separately.
8.. The price bid part of techno-commercially accepted bidders shall be opened in presence of Bidder’s
representatives who wish to be present at above mentioned address / venue on a subsequent date for which the separate intimation will be sent to the qualified and techno commercially accepted bidders.
9.. All the Annexures , self attested scanned copy of techno commercial offer, supporting documents to
meet qualifying requirement and other necessary document covered under the scope mentioned in the bid documents are to be uploaded duly filled in on the www.tenderwizard.com/DVC by the bidder before the date & time set for bid submission date.
10. The bidder has the option for sending the Cost of bid document, Bid Security / EMD, NSIC Certificate(if
any required) , by registered post / courier or submitting the same in person, so as to ensure that the same are received in the specified office of the owner by the date and time indicated in this NIT. The owner, however, shall not take any responsibility, whatsoever for any postal / courier delay.
11. 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, issue amendments/ addendums/ corrigendum / clarifications to the bidding documents.
The amendments/addendums/corrigendum/clarifications, if any, to the bidding documents, will be
uploaded on the designated websites i.e. www.tenderwizard.com/DVC and will be binding on the bidders.
The bidders are advised to keep on visiting the above websites for any Notification / Amendment / Addendum / Corrigendum issued by DVC in respect of the bid documents.
The information so contained in such Amendment / Addendum / Corrigendum will be deemed to have been taken into account by the bidder in his bid.
In order to afford prospective bidders to have reasonable time to take the amendment into account in preparing their bid, the owner may, at its discretion, extend the deadline for the submission of bids.
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12. Deviations, if any, from the terms and conditions of bidding Documents or Technical
Specifications of bidding documents shall be listed only in Deviation Schedule of the bid. The bidder shall also indicate the additional price, if any, for withdrawal of the deviations.
13. Bidders are required to quote the price in the price bid of the bidding documents only. Please note
that if quoted prices are disclosed anywhere in the uploaded documents other than the forms meant for price bid only, the offer will be rejected.
Bidders shall give the required details and breakdown of their prices as per Price bid schedules (in
separate excel sheet). 14. Bids submitted on line after the time & date fixed for receipt of bids as set out in the Invitation of bid
will not be entertained. 15. During bid evaluation, the owner may, at its discretion, ask the bidder for a clarification of its bid. The
request for clarification and the response shall be in writing and on line only through designated website.
16. The Bidder is also advised to visit and examine the site where the facilities are to be installed and its surroundings and will obtain on its own responsibility all information that may be necessary for preparing the bid and entering into a contract for subject works. The costs of visiting the site shall be at the Bidder's own expense.
17. Self certified scanned copies of all relevant documents, wherevever needed are to be enclosed and uploaded with the offer. However, DVC reserves the right to call for original document, if needed failing which the offer is liable for rejection.
18. DVC shall not be responsible in any way for any delay / difficulties/ inaccessibility of the downloading facility from the website for any reason whatsoever.
19. 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.
20. 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.
21. 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.
22. Quotation submitted by the tenderers through Fax/ Tele-grams will not be considered valid.
23. Settlement of disputes and Arbitration:
Please go through the relevant Clause of “General Conditions of Contract” available in www.dvc.gov.in
N.B. i) Bidders are requested to offer their pricing online as per price sheet attached.
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ANNEXURE - VI Safety Clause CLAUSE NO.
REQUIREMENT
1.0 2.0 2.1 . 2.2 2.3
The contractor/ agency shall comply with all the requirements of the Factories Act, State Factories Rules as amended time to time, and all other statutory requirements as applicable to his work, like Indian Electricity Act, ESI Act (Wherever the facility is ;┗;ｷﾉ;HﾉWぶが PF AIデが WﾗヴﾆﾏWﾐげゲ CﾗﾏヮWﾐゲ;デｷﾗﾐ Act, Motor Vehicles Act etc. He shall ensure compliance of all the responsibilities of the Occupier and Factory Manager as mentioned in the Factories Act, in his activities of work. Additionally , the contractor shall comply with all the Rules framed by DVC (Also referred here as DVC), relating to Safety of all those working/ present in the work place, and ensure compliance with all types of permit to work. He shall also comply with all directions given by the Engineer In-charge or Head of DVC Project Safety Deptt. or their nominated representative with specific regard to Safety and Health of the workers. The Contractor/ AｪWﾐI┞ ゲｴ;ﾉﾉ aヴ;ﾏW ;ﾐS ｷﾏヮﾉWﾏWﾐデ ｷデげゲ “;aWデ┞ ;ﾐS HW;ﾉデｴ PﾗﾉｷI┞が ┘ｴｷIｴ shall contain all the provisions relating to compliance of DVC Safety/ Health and Safety Policy. The Contractor shall appoint a full time Engineer with qualification of either Degree in Engineering, with not less than 1 years of supervisory experience or Diploma in Engineering with not less than 3 years of experience, in supervising the work for each 50 workers/ staff or a part thereof. Where the wok is of hazardous in nature the supervisor shall be appointed for first 20 workers also. If at any time the contractor employs more than 150 workers including staff, he shall appoint from the start of work itself a Safety Officer, with the qualification as mentioned in the Factories Act/ State Factories Rules applicable to the state, in which the work is carried out. The Safety Officer of the Contractor shall discharge only those responsibilities as mentioned in statutory rules for the Safety Officers. Before start of work by the Contractor, the Contractor shall sign an MOU with Head of DVC Project Safety Deptt. and Engineer In charge of the contract, wherein he shall submit following documents also:
a) Safety Plan of the Contractor for his own as well as his sub- contractors and action plan to implement it;
b) Methodology (Including responsibility) of accident reporting to DVC authorities and Statutory authorities, conduct of enquiries, and implementation of corrective measures.
Page 27 of 47
c) The Contractor shall get all his Lifting equipments and tackles thoroughly examined / tested through a Competent Persons, approved by the local state government, where the work is being undertaken.
work by the Contractor, the Contractor shall purchase new requited personal ヮヴﾗデWIデｷ┗W Wケ┌ｷヮﾏWﾐデゲげ ;ﾐS ｪWデ ｷデ ┗WヴｷaｷWS aヴﾗﾏ HW;S ﾗa DVC “;aWデ┞ DWヮデデが ;ﾐS Engineer In charge, for inspection of quality and numbers purchased, who will inspect these Safety Shoes, Safety Helmets and Safety HaヴﾐWゲゲWゲ aﾗヴ ｷデげゲ suitability. Only after this inspection and clearance in writing from DVC, above referred items shall be used or issued by the Contractor. DVC shall reimburse the cost of these three Personal Protective Equipments once for those numbers working for one year, if these are purchased from the party with which the rate contract had been made by DVC; at the rate at which rate contract had been made by DVC; or from the original IS Marked equipment manufacturer (Or his authorized representative), registered with Bureau of IﾐSｷ;ﾐ “デ;ﾐS;ヴSく Hﾗ┘W┗Wヴが デｴW ヴ;デW ﾗa ヮ;┞ﾏWﾐデ ﾗa デｴWゲW Wケ┌ｷヮﾏWﾐデげゲ ゲｴ;ﾉﾉ ﾐﾗデ W┝IWWS デﾗ デｴW ヴ;デWゲ ;デ ┘ｴｷIｴ デｴWゲW Wケ┌ｷヮﾏWﾐデげゲ ;ヴW I┌ヴヴWﾐデﾉ┞っ ﾉ;ゲデ ヮ┌ヴIｴ;ゲWS H┞ DVC. The payment of Safety Shoes and Safety Helmets shall be limited to the number of employees, for which the contractor had taken the labour licence or DVC had approved to hire; for the Safety Harness payment shall be restricted to the decided quantity between the Contractor and DVC.
e) Before using the lifting equipments and other safety related items, the contractor shall present these to Head of DVC Safety Deptt, and Engineer In charge, for inspection, who will inspect these equipments for its safety. Only after their clearance in writing, these items shall be used by the Contractor. However, all liabilities for statutory violations for these equipment shall be of the Contractor.
f) Before Start of the contract, and subsequently after every 6 months, the
Contractor shall provide appropriate Safety Training to all his workers, of at least one full day duration, through an external agency, with faculty having the qualification as mentioned in the Factories Act/ State Rules for the Safety Officer, and having minimum 5 years of power plant site exposure, with regard to implementing safety provisions. DVC will reimburse the actual cost of such training restricted to Rs 6000/- for each batch of 40 worker or Rs150/- per trained worker, which ever is less. The DVC Management has a right to refuse issue of gate pass to the workers, if the workers are not trained before start of work and subsequently every 6 months.
g) Before Start of work by the Contractor, the Contractor shall get occupational ｴW;ﾉデｴ W┝;ﾏｷﾐ;デｷﾗﾐ ふ“ヮWIｷaｷI;ﾉﾉ┞ ﾉ┌ﾐｪ a┌ﾐIデｷﾗﾐ デWゲデが Iﾗ;ﾉ ﾏｷﾐWヴげゲ ヮﾐW┌ﾏﾗIﾗﾐｷﾗゲｷゲ and audiometry) of his workers, working/ to work in hazardous activities, through a Medical Precticener/ Certifying surgeon, approved by the State Government for conduct of occupational health examination, and subsequently as mentioned in the state factories rules. DVC shall reimburse the cost of such Occupational Health Examination at the rates approved by the state
Page 28 of 47
2.5 3.0
Government or decided by DVC Management- if these are not approved by the state government. Only those who are found fit in such medical examination shall be employed by the Contractor.
h) In case of occurrence of any accident/ mishap/ violation of statutory provisions/ DVC Rules, Competent authority in DVC may constitute inquiry Committee, to find out the circumstances or causes into it, remedial measures to prevent recurrence of similar accidents/mishaps/ violations etc.. The Contractor shall provide full cooperation in conduct of inquiry, conducted by such Inquiry Committee and also send his workers to attend the inquiry and give statement, with full wages for the day.
i) Wherever there is probability of fall of worker/ material from more than 8 Ft, to
prevent his fall, the contractor shall provide Safety Harness to all his workers ;ﾐS Wﾐゲ┌ヴW ｷデげゲ ┌ゲWく HW ゲｴ;ﾉﾉ ;ﾉゲﾗ ヮヴﾗ┗ｷSW ゲ;aWデy net below such work place. He shall ensure compliance of all provisions of Permit for working at height devised by DVC. If the fall arrester is provided by DVC, the Contractor shall Wﾐゲ┌ヴW ｷデげゲ ヴｷｪｴデ ┌ゲWく
The contractor shall use only double insulated power tools at the construction place. He shall only use 3 Core cable for Single phase Supply and 4 Core Cable for 3 Phase supply. For all electrical connections appropriate ELCB shall be used by the Contractor.
a) In no case any electric supply shall be taken through loose wire like supply without Plug Top.
b) No electrical repair work shall be carried out on any live equipment. It shall be
SﾗﾐW ﾗﾐﾉ┞ H┞ デｴW EﾉWIデヴｷIｷ;ﾐ ｴ;┗ｷﾐｪ WｷデｴWヴ ITI ケ┌;ﾉｷaｷI;デｷﾗﾐ ﾗヴ WｷヴWﾏ;ﾐげゲ certificate issued by the State Government. No work shall start without obtaining work permit from DVC Engineer In charge or his authorized representative.
In case any accident occurs during the construction or erection work or other associated activities, undertaken by the Contractor, it shall be the responsibility of the Contractor to promptly inform the same to the Engineer In-charge,, DVC Head of Safety Deptt. in the prescribed form (Which can be collected by the Contractor/ Agency from the Project Safety Deptt.), and also to all the statutory authorities envisaged under the applicable laws. The Engineer In-charge as well as DVC Head of Safety Deptt. or their nominated representative, shall have the right at his sole discretion to stop the work, if in his opinion the work is being carried out in such a way that it may cause accidents and endanger the safety of the persons and / or property, and / or equipments. In such cases, the contractor shall be informed in writing, and the contractor shall immediately stop the work, and comply to remove short-comings promptly. After ensuring
Page 29 of 47
4.0 5.0 6.0
compliance of instructions given by Engineer In charge, he shall inform him of completion of compliance, and after his written permission only, shall restart the work. If the Contractor does not provide persoﾐ;ﾉ ヮヴﾗデWIデｷ┗W Wケ┌ｷヮﾏWﾐデげゲ デﾗ ｴｷゲ ┘ﾗヴﾆWヴゲ ﾗヴ fails to discharge of his other responsibilities, statutory or otherwise, as mentioned above, DVC may provide the same and recover the expenditure along with overhead cost etc. However, this does not absolve the contractor from his responsibility as mentioned in these conditions at Para 1. If the Contractor fails complying with the provisions as mentioned above, the financial deductions shall be made by DVC, at the rate of Rs. 2,000/- per day or part thereof, aヴﾗﾏ デｴW Iﾗﾐデヴ;Iデﾗヴげゲ Hｷﾉﾉ aﾗヴ Iﾗﾐデヴ;Iデ ┗;ﾉ┌W W┝IWWSｷﾐｪ Rゲ Tｴｷヴデ┞ L;ﾆｴゲき ;ﾐS ;デ デｴW ヴ;デW of Rs 500/- per day for the contract value not exceeding Rs Thirty Lakhs, till the provisions are complied with.
In case of injury, the compensation as calculated/ directed by the State Government Authorities shall be paid by the Contractor to the Victim/ his heir, in accordance with the statutory provisions. However, in case of accident, additionally, following financial deductions shall be made by DVC, from the bill of the Contractor: a Fatal injury or accident causing death 10 % of contract value or Rs. 1,00,000/- per
person, which ever is less.
b Major injuries or accident causing 25% or more permanent disablement to workmen or employees
2.5 % of contract value or Rs. 25,000/- per person which ever is less
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ANNEXURE-VII Format for contr;Iデﾗヴげゲ ヮWヴaﾗヴﾏ;ﾐIW E┗;ﾉ┌;デｷﾗﾐ ふDVCぶ
To be firmed up by indenting deptt. at the same time of Contract proposal put up for Tech & Adm approval {Applicable for Overhauling, Housekeeping, Worker incentive maintenance Contracts}
Cﾗﾐデヴ;Iデﾗヴげゲ ヮWヴaﾗヴﾏ;ﾐIW ‘;デｷﾐｪ (To be filled by Concerned Engineer in charge and HOD) Page 1 of 1 1 Name of Work 2 Work Order/LOA Ref: 3 Name of Contractor 4 Period of Performance Rating FヴﾗﾏぐぐぐぐぐぐぐぐくくTﾗぐぐぐぐくく
Up to date Average Marks Obtained Rating Rating Obtained * 1 91 & above Very Good 2 81-90 Good 3 70-80 Satisfactory 4 Below 70 Unsatisfactory *Write as applicable and put (X) which are applicable Recommendation Remark, (if any)
Engineer-In-charge: Signature Name Designation Head of Dept.: Signature Name Designation NOTE:
1. In case of Up to date Performance rating obtained above is けUﾐゲ;デｷゲa;Iデﾗヴ┞げ, the Contractor shall not be recommended for issue of tender enquiry for a period as deemed fit not more than 2 years.
2. Enclose all the monthly filled up and jointly Signed Performance Evaluation form. 3. The Above Performance Rating shall generally, be given at the completion of contract
period including its extension if any However, if required in C&M, the same shall be given during the execution of work.
Monthly Performance Evaluation Page 1 of 3 1 Name of Work 2 Work Order/LOA Ref 3 Name of Contractor 4 Period of Performance Rating FヴﾗﾏぐぐぐぐぐぐぐぐくくTﾗぐぐぐぐくく
Sl. No
Description Max Marks
Marks Obtained
A Quality, Nos and Workmanship in Work: Maximum 45 marks 1 Quality of manpower deployed
(As per the terms & condition of contract, NIT, including literacy etc. if any) a. Skilled category (Either ITI holder, HP welders, Fitters, Gang head of
erection team and / or selected by the Suite in charge as per the experience and TEST conducted.
b. Unskilled category (stress on literacy level experience and safety consciousness.)
c. Trained & Experience Engineer/ qualified supervisor (BE/Diploma holder and / or selected by EIC, knowledge/relevant experience).
d. Deployment/development of highly skilled specialist technicians for critical job.(as and when required)
05 05 05 05
2 Strictly following quality guideline, quality plan (QAP) and / or checklist for each job given by the Engineer in charge.
10
3 a. Repetition of job due to bad workmanship including defect liability (frequency of occurrence & rectification of completion).
b. Improper use of DVC facilities(Example: Leaving junction boxes open after the job is over, keeping scarp, welding rod, cable & wire etc.)
0 to (-) 15
4 a. Maintenance cleanliness at work place while working (use of working trays, container etc.)
b. Proper handling of greases, oil etc. (proper container, no spillage & contamination etc.)
c. Cleaning the workplace including removal of scrap after completion, removal of debris etc.
06
5 Use of proper tools & tackles applicable for a particular job. 06 6 Tヴ;ｷﾐｷﾐｪ ﾗa Iﾗﾐデヴ;Iデﾗヴげゲ ﾏ;ﾐヮﾗ┘Wヴ ;t DVC training Centre for at least 02 hours
per fortnight. 04
B Adherence to time schedule: Maximum 30 Marks 1 Availability of all tools & tackles (under the scope of contractor) without any
time delay. 05
2 Mobilization of proper skilled & unskilled manpower without any time delay. 05 3 a. Completion of job/supply of materials within the time frame specified
in the contract (wherever available)/project milestone and schedule. b. Advance scheduling of jobs along with Engineer in charge before start
of job.
10 05
4 Mobilization time taken to start the job at the beginning of the contractor after getting information from the Engineer in charge. Promptness to call/start.
05
(Sign of Engineer-in-charge) (Sign of Authorized Representative of contractor)
C Adherence to Safety : Maximum 15 Marks 1 100% Supply of PPE & Uniform as identified in contract for workers. 05 2 Follow health and safety plan whatever layout by safety dept. time to
time 02
3 Special care while working at heights. (Use of proper sized platform/ safety belts, nets etc.)
02
4 Proper handling of material (while lifting heavy material at height).(Example: Use of cage / basket, checking of winch, crane, wire rope, etc.)
02
5 Periodic testing of lifting tools & tackles which arW ;デ デｴW Iﾗﾐデヴ;Iデﾗヴげゲ scope inspection of Tools & Tackles before start of work and during the execution of contract whenever required.
02
6 Participation in Safety Awareness of the workers and training given by DVC and safety related records.
01
7 Promptness and responsiveness during emergencies 01 8 Non-compliance of safety requirements (depends on Reports issued for
violation of safety) 0 to (-)4
D Responsiveness: Maximum 10 Marks 1 Ability to respond positively for changes in scope, schedules, manpower
providing scope and space to other contractors 02
2 Ability of the contractor / site in-charge with adequate authorization and powers for execution of job. Site in-charge response on mobile/Phone.
02
3 Attending Telephone Calls both Land line and mobile for 24x7 Hrs. 02 4 Attending daily/weekly/monthly or other meetings 01 5 Deployment of adequate and appropriate manpower from time to time 01 6 Timely submission of Check lists etc. 01 7 Timely submission of Bills, invoices and other required documents 01 D Statutory Compliances: 0 to (-) 30 Marks 1 Complaints received from the contracts workers regarding
underpayment(less than statutory rates)/ Delayed payment, No Payment 0 to (-) 10
2 No Record of release of PF to workers and / or complaints received regarding the payment of PF
0 to (-) 10
3 Non Compliance of Statutory Compliances 0 to (-) 5 4 Not obtained timely insurance coverage ESI 0 to (-) 5 5 Illegal disposal of waste oils, scrapes or any other hazardous material 0 to (-) 2 Total (A to E) 100 F Bonus Points: 10 Marks 1 Special initiative taken for the welfare of the contract workers 03 2 Showing interest to come out with suggestive innovative ideas 03 3 To provide scope and space for the work of other agencies 02 4 Response to DVC Tender Enquiries 02 5 Claims and disputes 0 to (-) 3 TOTAL (A TO F) Mﾗﾐデｴﾉ┞ Cﾗﾐデヴ;Iデﾗヴげゲ PWヴaﾗヴﾏ;ﾐIW E┗;ﾉ┌;デｷﾗﾐ Iﾗﾐデｷﾐ┌WSぐぐぐぐ
Page 33 of 47
G Total Marks obtained in the Month Cumulative Marks up to Previous Month Marks in the month (Total A to F) Cumulative mark Cumulative marks obtained
Up to date Average Marks=------------------------------------ No of Month
NOTE:- In case of Up to date Average marks obtained above is 70 or below the Contractor shall not be recommended for issue of tender inquiry for similar nature of work
(Sign of Engineer-in-charge) (Sign of Authorized Representative of contractor)
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ANNEXURE - C
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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ANNEXURE –D
NO RELATION CERTIFICATE
Certified that I/We have no relative posted in Accounts/ Finance Department in any capacity between grades of Divisional Accountant and Addl. Chief Accounts Officer/ Dy. Financial Advisor (Both inclusive) or as an Engineer in the capacity between the grades of Dy. Chief Engineer and Junior Engineer (Both inclusive) in DVC under whose audit /technical control the work will be executed. I/We shall also intimate the name of persons who subsequently employed by me/us who are near relatives to any Engineer / Divisional Accountant or office in DVC. By the terms near relative is meant wife, husband, parents and grandparents, children and grandchildren brother and sisters, uncles, aunts and cousins and their-in-laws.
Signature of the bidder
NO ACCOMMODATION CERTIFICATE
Certified that I/We have no any authorized /unauthorized occupation/possession of Quarters/Shop/Plot of land of DVC.
Signature of the bidder
Note:- 1. If who has occupation in DVC should produce no objection certificate form respective estate
officer/station in-charge, having not older than six month from the date of opening of tender. 2. Who has no accommodation in DVC , need not submit no objection certificate. 3. On demand, will be required to produce a certificate from the competent authority of DVC (Estate
officer/Station in-charge) that he/they are not having such unauthorized occupation/possession. Non-compliance of this may lead to rejection/cancellation of your offer/contract.
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ANNEXURE-E
FORMAT FOR BG IN LIEU OF EMD
(On Non-judicial stamp paper of appropriate value)
To
DAMODAR VALLEY CORPORATION, B.G.No.:-
KTPS Date:-
Banjhedih, Koderma, Jharkhand
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…………(hereinafterreferred 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.
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
Page 37 of 47
be obtained from the Tenderer at any time when proceedings are taken against the Bank for whatever amount that may be outstanding or unrealizedunder 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.
Page 38 of 47
ANNEXURE-F PROFORMA OF B.G. FOR SECURITY DEPOSIT/100% PAYMENT
(On non-judicial stamp paper of appropriate value to be purchased in the name of executing Bank)
PROFORMA OF BANK GUARANTEE FOR SECURITY DEPOSIT-CUM- PERFORMANCE GUARANTEE
Ref…………………… Bank Guarantee No………………………
Date………………….
PROFORMA OF B.G. FOR SECURITY DEPOSIT/100% PAYMENT –
(1) KNOW ALL MEN BY THESE PRESENTS that in consideration of Damodar Valley Corporation, a Corporation constituted and established under the Damodar Valley Corporation Act being Act No. XIV of 1948 and having its Headquarters at D.V.C. Towers, V I P Road, Kolkata-700 054 (hereinafter called “The Corporation”) having agreed to accept from _______________________________________ (hereinafter called “The Contractor”), a Bank Guarantee for Rs._________________________________________________ in lieu of Cash Security Deposit for the due fulfillment by the Contractor of the terms & conditions of the *Purchase Order/Letter of Intent/Letter of Acceptance/work orderNo._______________________________________________ issued by the Corporation for (Name & Description of the work/material) __________________________________________ (hereinafter called “the said *Purchase Order/Letter of Intent/Letter of Acceptance/ work order”) we ___________________________________________________________________________(hereinafter called “the Guarantor”) do hereby undertake to indemnify and keep indemnified the Corporation to the extent of Rs.____________ (Rupees__________________________________________________________________) only against any loss or damage caused to or suffered by the Corporation by reason of any breach by the Contractor of any of the terms and conditions contained in the said *Purchase Order/Letter of Intent/Letter of Acceptance/ work order of which breach the opinion of the Corporation shall be final and conclusive.
(2) AND WE,______________________________________DO HEREBY Guarantee and undertake to pay forthwith on demand to the Corporation such sum not exceeding the said sum of ___________________________________________________________ (Rupees___________________________________________________________________) only as may be specified in such demand, in the event of the Contractor failing or neglecting to execute fully efficiently and satisfactorily the order for____________________________________ PLACED WITH IT (the work tendered for by it) within the period stipulated in the said *Purchase Order/Letter of Intent/Letter of Acceptance/work order in accordance with terms and conditions contained or referred to in the said *Purchase Order/Letter of Intent/Letter of Acceptance/work order in the event of the Contractor refusing or neglecting to maintain satisfactory operation of the equipment or work or to make good any defect therein or otherwise to comply with and conform to the design, specification, terms and conditions contained or referred to in the said *Purchase Order/Letter of Intent/Letter of Acceptance/ work order.
(3) WE _____________________________________ further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said order as laid down in the said *Purchase Order/Letter of Intent/Letter of Acceptance/work order including the warranty obligations and that it shall continue to be enforceable till all the dues of the Corporation under or by virtue of the said * Purchase Order/Letter of Intent/Letter of Acceptance/work order have been fully paid and its claims satisfied or discharged or till the Corporation or its authorized representative certified that the terms and conditions of the said *Purchase Order/Letter of Intent/Letter of Acceptance/ work order have been fully and properly carried out by the said contractor and accordingly discharged the Guarantee.
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(4) WE _________________________________, the Guarantor undertake to extend the validity of Bank Guarantee at the request of the Contractor for further period or periods from time to time beyond its present validity period failing which we shall pay the Corporation the amount of Guarantee.
(5) The liability under this guarantee is restricted to Rs.___________________________________ (Rupees ____________________________________________________________) only and will expire on ____________________ and unless a claim in writing is presented to us or an action or suit to enforce the claim is filed against us within 6 months from __________________ all your rights will be forfeited and we shall be relieved of and discharged from all our liabilities (thereinafter).
(6) The Guarantee herein contained shall not be determined or effected by liquidation or winding up or insolvency or closure of the Contractor.
(7) The executants has the power to issue this guarantee on behalf of the Guarantor and holds full and valid power of Attorney granted in his favour by the Guarantor authorizing him to execute the Guarantee.
(8) Notwithstanding anything contained herein above, our liability under this guarantee is restricted to Rs. _______________________ Rupees__________________________________________________________________ only and our guarantee shall remain in force
upto ___________________ and unless a demand or claim under the guarantee is made on us in writing on or before ________________all your rights under the guarantee shall be forfeited and we shall be relieved and discharged from all liabilities there under –
WE, _______________________________ Bank lastly undertake not to revoke this guarantee during the currency except with the previous consent of the Corporation in writing. In witness whereof we ______________________have set and subscribed our hand on this ________________________day of_________________________________________________.
SIGNED, SEALED AND DELIVERED
_______________
(Stamp of the executants)
WITNESS :
1) ______________________________
2) ______________________________
(Name & address in full with Rubber Stamp)
*Mention the relevant along with reference number. Delete the terms which are not applicable. Each page of B.G. to be signed by theexecutant with common Bank stamp and date.
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GUIDELINES FOR SUBMISSION OF BANK GUARANTEE
1. The Bank Guarantee shall fulfill the following conditions in the absence of which they cannot be considered valid.
2. Bank Guarantee shall be executed on non-judicial stamp paper of applicable value purchased in the name of the Bank.
3. Two Persons should sign as witness mentioning their full name and address.
4. 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.
5. The Bank Guarantee should be executed by a Nationalized / Scheduled Commercial Bank only. BG issued by rural Bank and Cooperative Bank is not acceptable.
6. A confirmation letter of the concerned bank must be furnished as a proof of genuineness of the Guarantee issued by them.
7. 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.
8. The contents of Bank Guarantee shall be strictly as per our Proforma.
9. Each page of Bank Guarantee shall bear signature and seal of the Bank.
10. All conditions, corrections, deletions in the Bank Guarantee should be authenticated by signature of Bank Officials signing the Bank Guarantee.
11. In case banks refuse to issue B.Gs having claim period separately, the validity period of those BGs may be taken as validity period of offer as sought in NIT plus three months
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ANNEXURE-G
DAMODAR VALLEY CORPORATION AGREEMENT FOR ANNUAL MAINTENANCE RATE CONTRACT
DAMODAR VALLEY CORPORATION
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. DEFINITIONS:-
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
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.
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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;
(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.
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.
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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 10(Ten) days or earlier as warranted from being intimated by the Party of the First Part. The Party of the Second Part shall supervise and control the mannerand 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 andthe 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 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
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suitable action against the delinquent employees with proper intimation to the appropriate authority of the Party of the First Part.
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 Partyof 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)
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.
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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.
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 arbitration. The Arbitration shall be conducted
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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.
1. 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.
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 authorized 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.
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i) If the Party of the Second Part desires to execute a part of scope of maintenance contract which are very specialized in nature by engaging a specialized competent group they will have to obtain approval from the Party of the First Part, furnishing all credentials and requirement of the manpower strength before their engagement. However, the Party of the First Part reserves the right to discontinue the same at its discretion.
j) The Party of the Second Part shall fully cooperate with other contractors employed by the Party of the First Part for associated plant and subsidiary as well as other similar activities and shall 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.
