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Page 1 of 25
NEYVELI LIGNITE CORPORATION LIMITED (A Government of India Navratna Enterprise)
OFFICE OF THE CHIEF GENERAL MANAGER / CONTRACTS CORPORATE OFFICE: NEYVELI-607801.
SECTION-I NOTICE INVITING BID FOR LIMITED TENDER ENQUIRY
1.0 Sealed Bid in English (one original and 3 identical copies) is invited from the
following 18 firms by NEYVELI LIGNITE CORPORATION LIMITED (NLC),
Neyveli, for rendering Consultancy Services for obtaining ISO-9001 of 2008
version certification for Vigilance Branch, N.L.C. Limited, Neyveli:
Sl. No.
Name & Address of the firm Fax No. & e-mail ID
1 M/s.Indian Register Quality System, 3, Raja Annamalai Building, 3rd floor, 19, Marshall’s Road, CHENNAI – 600 008.
FAX No: 044 – 28553439 E-mail:chennai@irclass.org
2 M/s.TUV India Private Limited, Dhun Building, 2nd Floor, 827, Anna Salai, CHENNAI – 600 002.
FAX No: 044 – 28521676 E-mail: tuvchennai@eth.net
3 M/s.RINA India Pvt. Ltd., B-607/608, Everest Chambers, Marol Naka, Andheri Kurla Road, Andheri (E), MUMBAI – 400 059
Fax No: 022 – 28380499 E-mail: kulkarnidg@yahoo.com
4 M/s. BVQI (India) Private Limited, 6-D, Century Plaza, 560, Anna Salai, CHENNAI – 600 018.
Fax No: 044 - 24349674 e-mail: cert.Chennai@in.bureauveritas.com
5 M/s.Bureau Of Indian Standards, Post Box No: 8290, CIT Campus, IV Cross Road, CHENNAI – 600 113.
Fax No: 044 - 22541087 e-mail: bissor@vsnl.com
6 M/s.DET NORSKE VERITAS, No: 10/2, McNichols Road, Chetpet, CHENNAI – 600 031.
Fax No: 044 – 28362906 krishna.kumar@dnv.com
7 M/s.International Certification Services Asia Pvt, Ltd., Door No:10, Plot no:1200, 80th Street, Dr.Natesan Salai Extension, Ashok Nagar, CHENNAI – 600 083.
Fax No: 044 – 252179070, 232179070
8 M/s.Institute of Quality and Environment Management Services Pvt, Ltd., First Floor, Kalinga House, Palasuni, Bhubaneswar, ORISSA
FAX No: 0674 – 2371239 E-mail: iqems@rediffmail.com
Page 2 of 25
9 M/s.EQMS India Pvt, Ltd, 304&305,3rd Floor, Rishabh Towers, Plot No.16, Community Centre, Karkardooma, DELHI – 110 092.
FAX No: 011 – 22015150 / 22533162 Email: akchaturvedi01@eqmsindia.org
10 M/s.Development Consultants Pvt, Ltd., Consulting Engineers, 191, Anna Salai, CHENNAI – 600 006.
FAX No: 044 8522157
11 M/s.Real Time Quality Management Services, Plot No: 92, Sector - 1, M.V.P. Double Road, Visakhapatnam – 530 017.
FAX No: 0891 – 2714486
12 M/s.Seahorse – TNO Services (Asia) Pvt., Ltd., 8H, Century Plaza, 560, Anna Salai, CHENNAI – 600 018.
FAX No: 044 24323211 / 24329949.
13 M/s. OSS Certification Services Pvt. Ltd., Plot No. 23, 2nd Floor, Opposite DDA Flats, Pocket – 2, Sector 19, Dwarka, New Delhi -110075
E-Mail: info@osscertification.com
14 M/s. TUV South Asia, 230 A, AJC Bose Road, Chitrakoot Building, Room No, 24, Kolkata - 700020
Fax No. 033-22833579
15 M/s Quality Consultants, UG 215/F, Sushant Shopping Arcade, Sushant Lok – I, Gurgaon .
16 M/s Det Norske Veritus, 71 Park Street, Park Plaza, 5th Floor, South Block 5 C&D, Kolkata - 700016
Fax No. 033-30217030
17 BSCIC Certifications Private Limited Suites : 2nd Floor, SCO-150, Sector – 21C, Faridabad, Haryana – 121001
Fax No. 01294012505
18 MSA Certification Pvt Ltd, C-46, Ground Floor,
Sector-10, NOIDA-201 301 (UP)
Fax No. 0120 4542205 E-mail: info@msacert.co.in
1.1 Tender.No: CO CONTS /0018A/ ISO CONSULT & CERT / VIG / LTE / 2013, Dt:18.06.2013.
Page 3 of 25
2.0 LOCATION:
NLC is situated at Neyveli in Cuddalore District in Tamilnadu state. It is connected
with Chennai, the Capital city of Tamil Nadu, which is 200 Kms away from
Neyveli by road. The nearest Railway station to reach Neyveli is by Broad gauge
train in Virudhachalam which is approximately 30 Kms away from Neyveli.
Neyveli is not connected with Air ways.
3.0 PROFILE: NLC, a Government of India Navratna Enterprise, registered under Indian
Companies Act 1956, is engaged in the Mining of Lignite and is having 3 Pithead
Thermal Power Stations.
In a critical situation being faced by the Economy in general and the PSUs in
particular, Vigilance has become a critical factor. It has become imperative for the
organization to become critically vigilant on all fronts, adopting cost cutting and
efficiency enhancing measures to remain afloat in the ocean of competition.
Vigilance management has become a critical management function with the systems
of checks and balances, for punishing the corrupt and protecting the dedicated and
honest employees.
4.0 BRIEF SCOPE OF WORK:
The bidder should help to fill the gap in the existing system, impart awareness to
Quality Management System (QMS-ISO 9001:2008), Internal Auditor Training,
Preparation of QMS document, Conduct Internal Audit & help to close the Non-
conformances, Conduct Management Review meeting, identify a Certifying
Agency from NABCB list of agencies and assist to obtain ISO 9001:2008
certification for the Vigilance Branch.
Detailed Scope of work is contained in Section - III of the Tender Specification.
5.0 BID SUBMISSION AND OPENING:
5.1 Last Date and Time for receipt of bid : upto 14.30 hrs. (IST). on 10.07.2013.
5.2 Date and Time of bid opening (Part - I): at 15.00 hrs. (IST) on 10.07.2013.
5.3 Proposals are to be submitted in TWO PARTS IN SEPARATE SEALED COVERS
as follows:
Part-I containing Bid Guarantee, as well as, Technical and Commercial aspects
without prices and Part-II containing "Prices" only. The covers should be pasted
properly. Failure to do so would result in rejection of such bid.
Page 4 of 25
5.4 The forwarding letter should bear tender reference No. and be addressed to Chief
General Manager / Contracts, Corporate Office, NLC Ltd., Neyveli 607 801.
5.5 All other terms and conditions along with technical details, delivery schedule, bid
guarantee, validity of bids and instruction to bidders, etc., are contained in the
Tender Specification.
5.6 Any offer received after the expiry of the time specified for receiving the completed
bids is liable for rejection.
5.7 Issuance of Tender documents will not be construed to mean that such bidders
would be automatically considered.
5.8 NLC reserves the right to reject any bid or all bids received, at its discretion without
assigning any reason whatsoever.
5.9 NLC takes no responsibility for delay, loss or non-receipt of Tender / Bid
documents or any letter sent by post / courier either way.
5.10 Offer is to be made in Indian Rupees and payment for entire scope will be made in
Indian rupees only.
5.11 Not withstanding anything stated above, the Purchaser reserves the right to assess
the bidder’s capacity and capability to perform the contract, should the
circumstances warrant such an assessment in the overall interest of the Purchaser.
5.12 The Tender specifications are meant for the exclusive purpose of bidding against
the subject package and shall not be transferred, reproduced or otherwise used for
purposes other than for which these are specifically issued.
CHIEF GENERAL MANAGER/ CONTRACTS.
******
Page 5 of 25
SECTION-II GENERAL COMMERCIAL TERMS AND CONDITIONS
1.0 DEFINITION OF TERM:
(a) “NLC / Purchaser / Owner” shall mean M/s. Neyveli Lignite Corporation Limited, Neyveli 1.
(b) “Bidder” shall mean the Firm / Party who quotes against this Enquiry. (c) “Consultant / Contractor” shall mean the successful bidder selected for the
Tender. 2.0 BRIEF SCOPE OF WORK:
The bidder should help to fill the gap in the existing system, impart awareness to
Quality Management System (QMS ISO9001:2008), Internal Auditor Training,
Preparation of QMS document, Conduct Internal Audit & help to close the Non-
conformances, Conduct Management Review meeting, identify a Certifying agency
from NABCB list of agencies and assist to obtain ISO 9001:2008 certification for
the Vigilance Branch.
Detailed Scope of Work is contained in Section - III of the Tender Specification.
3.0 BID SUBMISSION:
3.1 The bidder shall submit the offer for full scope of work indicated in the tender specification.
3.2 Bid submitted only in the name of the bidder on whose behalf the tender document has been issued will be considered.
3.3 The bidders shall submit the bid in two cover system as per the following manner:
The bid should be in a single sealed envelope comprising of Part-I and Part-II covers. Cover - I (Part-I) - Technical & Commercial aspects without prices (One original & three identical copies, indicating clearly as
original and copy). Cover - II (Part-II) - Prices only. (One original & three identical copies, indicating
clearly as original and copy). Note: The outside of the covers of Part I & Part II should indicate clearly the Part
No., tender reference, the name of the bidder and his address. In addition,
the outer envelope or container should indicate the Tender No., Tender
for…... and the Bid opening date and time. Bids with no indication given
on the outside of the envelope to indicate that it is a bid which therefore gets
opened before the due date shall be liable to be disqualified. The bidders
are instructed to properly seal the covers and it is informed that failure to do
so would result in rejection of such bid. Bidders shall ensure proper sealing
of the price cover, which is kept separately for opening at a later date.
Page 6 of 25
3.4 In the event of discrepancy between “Original” and any copy of the bids, the hard copy
of Original shall prevail.
3.5 Bids submitted by Telex, fax, e-mail or Telegram will not be accepted.
3.6 All the pages of bid submitted shall be serially numbered and signed.
4.0 PART-I (TECHNICAL AND COMMERCIAL ASPECTS WITHOUT PRICES):
Technical & Commercial aspects shall be submitted in a separate cover
superscribing the details as in clause 3.3 above distinctly on top and this shall be
marked as Part-I. They shall contain full details of the profile of the Bidder, details
of similar work done to different plants / utilities without revealing prices
and details of the projects handled. This part shall also contain the following
a. Deviation Schedule to Commercial Conditions (Annexure I) & Deviation
Schedule to Technical Specifications (Annexure II) duly filled in, which are
given at the end of this Section.
b. Detailed work procedure and work schedule.
c. Schedule of Prices as per Annexure III (given at the end of this Section) with
the word “Quoted” in lieu of Price data and all other details except price data.
5.0 PART-II (PRICES):-
This shall be furnished in a separate sealed cover superscribing the details as in
clause 3.3 above and shall be marked as "Part-II”. This part shall contain prices
only.
Prices shall be quoted both in figures and in words strictly as per Annexure III -
Schedule of Prices of this section. No over writing is allowed. Scoring or
cancellation if any shall be counter signed by the bidder. In case of illegibility, the
interpretation of the Purchaser shall be final.
The bidder should certify that prices quoted are not less favourable than the rates
quoted to any other Government Department / Government Undertakings.
The bidder in the first offer / quotation itself should spell out rebate percentage, if any.
6.0 CONTRACT PRICE The Contract Price is for the completion of entire scope of work. The Contract price
includes charges such as boarding, lodging, transportation, all taxes, duties and
other levies if any including service tax, except for the “Facilities provided by
NLC”.
Page 7 of 25
7.0 PRICE BASIS:
The lump sum compensation as detailed in the “Price cum Billing Schedule” shall
be firm and fixed throughout the period of Contract.
8.0 BID VALIDITY:
The Bid should be kept valid for acceptance for a period of 180 days from the date
set for the opening of the bid (Part-I).
9.0 TAXES & DUTIES OR ANY OTHER STATUTORY LEVIES
a. All taxes and duties or any other statutory levies payable if any arising out of
this Contract are to be included in the prices and shall be borne and paid by the
Contractor. No claim will be entertained by the Purchaser whatsoever on these
accounts, except Service Tax, provided the applicability has been clearly spelt
out in the Commercial Terms and Price Schedule.
b. In case, Purchaser makes any payment of taxes and duties or any other statutory
levies in this connection, the Purchaser will furnish to the Consultant the
original tax receipts in connection with payments made under this Contract and
the same shall be adjusted with Contract price. NLC shall not be responsible for
any taxes, duties or any other levies.
c. Service Tax
The service tax incurred by the Consultant shall be reimbursed upto the ceiling indicated in the Price Schedule on production of documentary evidence. The Bidder shall indicate the percentage of service tax also along with the ceiling in the Price schedule. The Service Tax claim shall not exceed the amount actually admissible under the relevant Act. Any variation in the percentage of Service tax within the delivery schedule with respect to the ceiling will be to NLC’s account against documentary evidence produced by the Consultant.
d. Income Tax NLC shall not be responsible for the income tax liability of the Consultant or
Certification Agency or personnel deputed by them in connection with the
services covered under this Contract. However Tax deduction at source will be
effected for the payments made to the Consultant as per Income Tax Act
prevailing from time to time.
Page 8 of 25
10.0 PAYMENT TERMS: i. Consultancy:
a) 90% of payment indicated in the “Schedule of prices”
(Annexure-III) for the Consultancy services will be made on satisfactory
completion of the Task as indicated in the detailed Scope of work and duly
certified by the NLC authorities concerned.(for Sl.No:1of Schedule of Prices).
This payment will be regulated as per the mutually agreed and approved
billing schedule.
b) Balance 5% payment will be made on satisfactory completion of entire
Consultancy Work, and after getting the ISO 9001: 2008 Certificate and duly
certified by the NLC Authorities Concerned.
c) Remaining 5% payment will be made only after successful completion of two
nos surveillance audits and duly certified by the NLC Authorities Concerned
ii. Certification:
a) Remuneration charges for certification audit including license fee if any, will
be reimbursed after issue of ISO9001:2008 certificate on production of
invoice subject to the lumpsum indicated against Sl.No.:2 of Schedule of
Prices and duly certified by the NLC Authorities Concerned.
b) Payment for two nos of annual Surveillance Audits will be reimbursed after
the satisfactory completion of the audit on production of invoice subject to the
lumpsum indicated in the price schedule against Sl No:3 of Schedule of
Prices, duly certified by the NLC Authorities Concerned. Payment shall be
made on annual basis for each year Surveillance Audit.
iii. Service Tax:
The 100% actual service tax incurred shall be paid subject to the ceiling
indicated in the price schedule based on the rate of Service Tax prevailing at
the time of execution of respective task against submission of invoices
containing all details viz.,
a. Name of the registered person / Company / Firm
b. Address
c. Service Tax Registration number
d. Description of Taxable service
e. Classification of the Taxable service
f. Value of the Taxable Service and
Page 9 of 25
g. Service tax charged – separately indicating the Education cess and the SHE cess.
The invoice should be accompanied by copy of service tax registration
certificate and a declaration stating that in the previous year the value of the
services rendered by them was not less than Rupees ten Lakhs.
iv. Payment will be made by e-payment.
v. Billing schedule
The successful bidder should submit the billing schedule before the
commencement of work. After scrutiny the mutually agreed billing schedule
will be approved by the competent authority and payment will be on the basis
of the approved billing schedule
11.0 DOCUMENTS TO BE FURNISHED FOR CLAIMING PAYMENT
The invoices original + 3 copies shall be sent to the Chief General Manager, Contracts Division, NLC Limited, Neyveli 1 for effecting payments. All Bank charges shall be to the account of Consultant & Certification Agency only.
12.0 CONTRACT PERFORMANCE GUARANTEE
The Consultant shall furnish a Contract Performance Guarantee from any
Scheduled commercial Bank (except Bank of China) towards Faithful Execution of
the Contract in the form of Bank Guarantee acceptable to NLC, as per the Format
enclosed at the end of this section as Annexure IV. It shall be submitted within 30
days from the date of Letter of Award (LOA) for an amount equal to 10% of the
Total Contract price. It shall be kept valid up to the period mentioned in the work
completion schedule from the date of LOA with a grace period of 3 months.
13.0 COMPLETION SCHEDULE:
a. The Contract for the Consultancy shall begin from the date of issue of LOA.
b. The setting up of QMS, Implementing it and Receipt of required Certification,
(viz) ISO 9001 of 2008 version shall be completed within a period of 3 months
from the date of LOA .
c. The entire work shall be deemed to be completely only after the completion of
two Nos of surveillance audits during the certification validity period of three
years.
Page 10 of 25
14.0 DEFICIENCY IN PERFORMANCE
The time stipulated shall be deemed to be the essence of the contract. In the event
of the consultant failing to complete the above said work within the time stipulated
in the contract for reasons attributable to the consultant, then NLC shall deduct
towards Damages at the rate of ½% per week of delay or part thereof for the value
of services beyond the delivery period stipulated for clause (b) in the Work
Completion Schedule (para 13.0) above, subject to a ceiling of 5% of the Contract
value.
15.0 FORCE MAJEURE If at any time, during the continuance of the consultancy contract, the
performance in whole or in part by either party of any obligation under the said
contract shall be prevented or delayed by reasons of any war, hostility, acts of
public enemy, civil commotion, sabotage ,fire, floods, explosions, epidemics,
quarantine restrictions or other acts of God, then provided notice of the happening
of any such eventuality is given by either party to the other within 15 days from
the date of occurrence thereof, neither party shall by the reason of such
eventuality be entitled to have any claim for damages against the other in respect
of such non performance or delay in performance and the performance under the
said contract shall be resumed as soon as practicable after such eventuality has
come to an end or ceased to exist. However if the state of force majeure
continues beyond a period of one month the parties shall mutually discuss the
impact of the same.
16.0 DISPUTES
Any dispute arising from the contract for consultancy services between the parties
will be subject to arbitration. The laws applicable to this contract shall be the laws
in force in India. The civil courts having ordinary original jurisdiction over Neyveli
shall have the jurisdiction in all matters concerning the said Contract.
17.0 RESOLUTION OF DISPUTES AND ARBITRATION:
(a) Informal Dispute Resolution
The parties agree to use reasonable efforts to resolve all disputes equitably
and in good faith.
(b) If any dispute between consultant and the Owner arises it shall in the first
instance be referred in writing to the Owner, who shall endeavor to resolve
the dispute amicably and render a decision within 30 days. The period of 30
Page 11 of 25
days shall be reckoned from the date of receipt of intimation of the dispute
by the Owner.
(c) Save as hereinafter provided, in respect of a dispute so referred, the decision
of the Owner shall be final and binding upon the Parties until the completion
of the Contract and shall forthwith be given effect to by the Consultant who
shall proceed with the Contract with all due diligence, whether or not either
Party has sought arbitration of the dispute as hereinafter provided.
(d) Arbitration i. Between NLC & another PSE / Govt. department
In the event of any dispute or difference, relating to the interpretation and
application of the provisions of the Contract, such dispute or difference shall
be referred by either party to the arbitration of one of the Arbitrations in the
Department of Public Enterprises. The Arbitration and Conciliation Act,
1996 shall not be applicable to the arbitration under this clause. The award
of the Arbitrator shall be binding upon parties to the dispute, provided,
however, any party aggrieved by such award may make a further reference
for setting aside or revision of the award to the Law Secretary, Department
of Legal Affairs, Ministry of Law & Justice, Government of India. Upon
such reference the dispute shall be decided by the Law Secretary, or the
Special Secretary/Additional Secretary when so authorized by the Law
Secretary, whose decision shall bind the parties finally and conclusively.
The parties in the dispute will share equally the cost of arbitration as
intimated by the Arbitrator. The procedure to be adopted in the case of
arbitration is as per the Government’s Circular dated 30.06.93
ii. For other Contractors:
If either party is dissatisfied with the decision rendered by the owner, or if
the owner omits or declines to render a decision, within the said period of 30
days, then within a further period of 30 days, the dissatisfied party may
require by a notification that the dispute be referred to Arbitration in the
manner hereinafter provided. Such a notification shall be in writing and
shall be duly served on the other party. Failure to invoke the Arbitration
with in the time schedule shall debar the party from seeking reference to
Arbitration.
Page 12 of 25
Except as otherwise provided in this clause, any dispute arising out of or
relating to this agreement, or the breach, termination or validity thereof shall
be finally settled by arbitration in accordance with the Arbitration and
Conciliation Act 1996 ( The “ACT”). The Arbitration proceedings shall be
conducted and the award shall be rendered in English. The award shall state
the reasons upon which it is based.
There shall be 3 Arbitrators of whom each Party shall appoint one. The
party requesting that the dispute be referred to Arbitration shall within 30
days of a notification in terms of the above clause appoint an Arbitrator as
also called upon the other party to appoint an Arbitrator within 30 days. The
two Arbitrators so appointed shall within 30 days of the date on which the
second of them is appointed agree on the 3rd Arbitrator who shall act as
Presiding Arbitrator of the Tribunal.
The Agreement and the Rights and Obligations of the parties shall remain in
full force and effect pending the award in any Arbitration Proceedings.
For the purposes of this clause the term dispute shall include the demand or
difference of any kind whatsoever, arising out of the Contract and respecting
the performance of the Contract, whether during the Contract period
including Extensions if any, or after Completion, and whether before or after
Termination, Abandonment or Breach of the Contract (except as to any
matter, the decision of which is specifically provided for in any of these
conditions).
Services under the Contract shall, if reasonably possible continue during the
Arbitration Proceedings.
The Venue of Arbitration shall be Chennai or Neyveli in TamilNadu. 18.0 ASSIGNMENT:
The Contract for the Consultancy Services shall not be transferred or assigned in
whole or part by the Consultant without the prior written approval of NLC to any
Person, Company, Firm or Organization.
19.0 RETURN OF DOCUMENTS:
The Consultant shall be responsible for the return of all the documents that might
have been taken from NLC in the course of execution of services under the Contract
for Consultancy within one month time to NLC after the issuance of ISO
certification.
Page 13 of 25
20.0 LANGUAGE:
The English language will be used in all written communications between NLC and the consultant with respect to the services to be performed and with respect to all documents procured or prepared by the Consultant in connection with the project.
21.0 INDEMNITY:
The consultant shall be liable for and shall indemnify to NLC all losses / damages
or injury to any Personnel and / or Property assigned to this project.
22.0 OWNERSHIP OF DOCUMENT:
(a) All documents prepared / collected in connection with the services shall at all
stages be and remain the properties of NLC and while in the custody of the
Consultant shall be fully available to NLC and its duly authorized
representatives. On completion of the assignment, all the documents shall be
delivered by the Consultant to NLC.
(b) All the documents, Photographs, Soft copies, CDs and other documents
including manuals furnished by NLC shall also be the properties of NLC.
23.0 APPROVALS: Any approval to be obtained by either party from the other under the Contract for
Consultancy Services shall not be unreasonably denied or with held.
24.0 CLEARANCE FROM STATUTORY AUTHORITIES:
The Consultant shall provide all the required assistance to NLC by furnishing
typical data for obtaining clearance from statutory authorities. The Consultant shall
also participate in discussions with the Statutory Authorities.
25.0 INSURANCE:
Insurance cover for the Men and Equipment deployed by the Consultant shall be the
responsibility of the consultant.
26.0 WORK AND SAFETY REGULATIONS:
The Consultant shall ensure the safety of all the workmen, materials and Equipment
belonging to him. The Consultant shall be responsible for provision of all safety
notices and safety equipment required both by the relevant legislation and NLC as it
may deem necessary.
27.0 LIMITATIONS OF LIABILITIES:
The final payment by NLC in pursuance of the Contract shall mean the release of
the Consultant from all his liabilities under the Contract and till such time the
Contractual Liabilities and Responsibilities of the Consultant shall prevail.
Page 14 of 25
28.0 TECHNICAL SOUNDNESS:
The Consultant shall carry out the Services under this Contract in conformity to the
accepted norms and sound up-to-date standards. In rendering their services, they
will apply the same care as in matters of their own concern. The Consultant shall
be responsible for the technical soundness of the services rendered.
In the event of any deficiency in these services, the consultant shall interalia
promptly redo such services at no additional cost to NLC and also shall reimburse /
bear any additional expenditure incurred / to be incurred by NLC on account of
such deficiency.
29.0 SECRECY:
(a) The technical data, information, drawings, specifications and other related
documents and such of those materials prepared by or made available to the
Consultants during the execution of the project shall not be used for any
purpose other than the execution of this Contract.
(b) The technical data, information, drawings, specifications and other related
documents shall not be divulged and or disclosed to a third party or used for
any other purposes whatsoever without NLC’s prior consent in writing except
to the extent required for the execution of this contract.
30.0 TERMINATION:
NLC may terminate this Contract under the circumstances detailed here:
(a) Contract for Consultancy Services shall be liable for termination by NLC if
the conduct of the Consultant and / or their Personnel is considered by NLC
to be pre-judicial to its interest.
(b) NLC at any time, on finding that the performance of services under this
Contract is not satisfied will give a written Notice to the Consultant to take
appropriate remedial steps. If remedial steps are not taken within 15 days or
are not to NLC’s satisfaction, NLC reserves the right to terminate the
Contract.
(c) Upon termination of the Contract at any time for whatsoever reason by NLC
the proportionate amount shall be payable to the Consultant for the services
performed satisfactorily as per Contract until the date of Termination.
In the event of the Contract being terminated and awarded to another
Consultant for reasons attributable to the Consultant, the difference if any
Page 15 of 25
will be recovered from the payment due from NLC either in the present or
from any other contract to the Consultant.
31.0 FORE CLOSURE OF CONTRACT:
The Contract for the Consultancy services shall be terminated due to administrative
reasons if any. However, NLC shall give 30 days prior Written Notice to the
Consultant. NLC shall pay to the Consultant only for the quantum of works /
services rendered as on the effective date of foreclosure.
32.0 DUTY HOURS AND HOLIDAYS:
Manpower deployed is for 8 hours a day and 6 days a week and holidays are as per
NLC’s Calendar.
33.0 EFFECTIVE DATE OF CONTRACT :
This Contract shall be deemed to have become effective from the date of Letter of
Award of NLC which will form part of the Contract.
34.0 ACCESS TO CONSULTANT’S OFFICES:
NLC’s representatives shall have access to consultant’s offices without prior
intimation. Such scrutiny by NLC shall not relieve the Consultant of any obligation
under this Contract.
35.0 MANNER OF EXECUTION OF CONTRACT:
After signing the Contract within 20 days the Contractor shall make 10 (Ten) true copies of the Contract document complete with all enclosures, neatly bound and handover to the Purchaser free of charge.
36.0 DEVIATION:
Normally no deviation is permitted to commercial and technical specification. The
bidder shall clearly confirm in writing in the deviation schedules enclosed at
Annexure- I and Annexure-II that no deviation is taken to the technical and
commercial conditions. Event then if the bidder takes any deviation, it shall be
clearly indicated in the deviation schedules. Deviation listed elsewhere in the bid
shall be summarily rejected and also be ignored. Separate printed standard terms
and conditions of the bidder shall not be considered and shall be totally rejected.
******
Page 16 of 25
ANNEXURE - I DEVIATION SCHEDULE TO COMMERCIAL CONDITIONS
NOTE:
1. Deviation if any shall be indicated only in this schedule.
2. Deviation listed elsewhere shall be summarily rejected and shall also be ignored.
3. No separate printed terms and conditions shall be considered and shall be totally
rejected.
4. Deviations if any on the vital clauses, the bid shall be rejected without any
indications.
Sl. No.
Clause No. As per Tender Specifications
Deviations proposed by the bidder
Reasons for deviations
SIGNATURE ………………………………..
NAME ………………………………..
DESIGNATION……………………………..
NAME AND ADDRESS OF COMPANY.
………………………………………………..
Office Seal of the bidder
…………………………………………………
DATE ………………………………………………..
………………………………………………..
******
Page 17 of 25
ANNEXURE - II DEVIATION SCHEDULE TO TECHNICAL SPECIFICATION
NOTE:
1. Deviation if any shall be indicated only in this schedule.
2. Deviation listed elsewhere shall be summarily rejected and shall also be ignored.
3. No separate printed terms and conditions shall be considered and shall be totally
rejected.
4. Deviations if any on the vital clauses, the bid shall be rejected without any
indications.
Sl. No.
Clause No. As per technical specifications
Deviations proposed by the bidder
Reasons for deviations
SIGNATURE ………………………………..
NAME ………………………………..
DESIGNATION……………………………..
NAME AND ADDRESS OF COMPANY.
Office Seal of the Bidder
DATE
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ANNEXURE III SCHEDULE OF PRICES
GENERAL INSTRUCTIONS
1.0 The prices to be entered in this schedule shall cover the full scope of services in full in accordance with requirement of the specification. The Bidder quoting a system of pricing other than that specified herein runs the risk of rejection.
2.0 The prices against the respective task are inclusive of all taxes (except Service Tax indicated at Sl. No.4), duties, other levies and cost of travel & living expenses for the trips made for completing the activity.
3.0 The prices indicated below are inclusive of any re-auditing if necessary. 4.0 Any corrections (or) deletions (or) over writings shall be properly initialed by the
bidder. 5.0 Price should be quoted separately for each activity as detailed below
SUMMARY PRICE TABLE
Sl. No
Name of the Activity Charges for respective task in Rs.
1 Consultancy Services: Charges for Study, Analysis, Filling Gap, Training, Preparation of Document for ISO 9001:2008, Internal Audit, etc., (Including Cost of Travel and Living expenses) up to obtaining QMS certification for the Vigilance Branch on lumpsum basis, for the entire scope of Work except Sl No:2,3 & 4 of the price table.
2 ISO Certification: Remuneration Charges for Certification Audit including License fee, if any, on lumpsum basis for ISO 9001:2008 Certification for three years. (including Cost of Travel and Living expenses)
3 Surveillance Audit (2 Nos.) fees on lumpsum basis during the certification validity period. (including Cost of Travel and Living expenses)
4 Service tax (Maximum ceiling amount to be quoted) (the percentage of tax considered is …………)
5 Total remuneration (1+2+3+4) (in figures & words).
Signature ---------
Company Seal. Name ---------
*****
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ANNEXURE - IV
FORMAT FOR CONTRACT PERFORMANCE GUARANTEE (CPG)
Note:- 1. This Guarantee has to be furnished by a Scheduled Commercial Bank other than
Bank of China. 2. The Bank Guarantee should be furnished on Stamp paper of value of not less than
Rs.80.00. 3. The stamp papers should be purchased in the name of Bank executing the guarantee.
---------------------------------------------------------------------------------------------
Date Bank Guarantee No
To
M/s. Neyveli Lignite Corporation Limited, Neyveli - 607 801, CUDDALORE Dist., Tamil Nadu.
Dear Sirs, 1.0 In consideration of the Neyveli Lignite Corporation limited, Neyveli hereinafter
referred to as the PURCHASER, which expression shall, unless repugnant to the context or meaning, thereof include its successors, representatives and assignees, having awarded in favour of M/s. ............. ........... ........... ...... ........ having registered office at ....................... hereinafter referred to as the CONSULTANT, which expression shall unless repugnant to the context or meaning thereof include its successors, administrators, representatives and assignees, a Contract, hereinafter "referred as the CONTRACT" for the ........................ on terms and conditions set out interalia, in the PURCHASER`s Contract /Letter of Award No......................................... Dated as well as "CONTRACT" documents, valued at Rs............ (Rupees ...........................) (In words) and the same having been unequivocally accepted by the CONSULTANT and the CONSULTANT having agreed to provide a Contract Performance Guarantee for the faithful performance of the entire "Contract" including the liabilities under the Contract Equivalent to 10% of the said value of the Contract to the PURCHASER amounting to Rs............................... ....... ............... (In words) as Contract Security in the form of a Bank Guarantee.
2.0 We, ...................(Name).....................(Address) hereinafter referred to as the
"Bank which expression shall, unless repugnant to the context or meaning thereof, include its successors, administrators, representatives and assignees do hereby irrevocably guarantee and undertake to pay the PURCHASER merely on demand without any previous notice and without any demur and without referring to any other source, any and all monies payable by the CONSULTANT by reason of any breach by the said CONSULTANT of any of the terms and conditions of the said CONTRACT including non-execution of the "CONTRACT AGREEMENT" to the extent of 10% of the Contract price, at any time upto ....... (day /month/ year). Any such demand made by the PURCHASER on the bank shall be conclusive and
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binding, absolute and unequivocal not withstanding any disputes raised/ pending before any court, tribunal, arbitration or any other authority. The Bank agrees that the guarantee herein contained shall continue to be enforceable till this sum due to the PURCHASER is fully paid and claims satisfied or till the PURCHASER discharges this Guarantee.
3.0 The Bank further irrevocably guarantees and undertakes to pay any and all monies
due and payable by the CONSULTANT by reasons of non-fulfilment for the successful and satisfactory services furnished under the said contract as per the specifications and documents.
4.0 The PURCHASER shall have the fullest liberty without affecting in any way the
liability of the Bank under this guarantee, from time to time, to extend the time of performance by the CONSULTANT. The Bank shall not be released from its liabilities under these presents by any exercise of the PURCHASER of the liberty with reference to the matter aforesaid.
5.0 The PURCHASER shall have the fullest liberty, without affecting this guarantee
to postpone from time to time the exercise of any powers vested in them or of any right which they might have against the CONSULTANT and to exercise the same at any time in any manner, and either to enforce or to forbear to enforce any covenants, contained or implied in the CONTRACT between the PURCHASER and the CONSULTANT or any other course or remedy or security available to the PURCHASER and the BANK shall not be released of its obligations/liabilities under these presents by any exercise by the PURCHASER of his liberty with reference to the matters aforesaid or any of them or by reasons of any other act or forbearance or other acts of omission or commission on part of the PURCHASER or any other indulgence shown by the PURCHASER or by any other matter or thing whatsoever which under law would, but for this provision, have the effect of relieving the Bank Guarantee. The Bank further undertakes not to revoke this guarantee during its currency without the previous consent of the PURCHASER.
6.0 The Bank further agrees that the decision of the PURCHASER as to the
failure on the part of the CONSULTANT to fulfil their obligations as aforesaid and/or as to the amount payable by the BANK to the PURCHASER hereunder shall be final, conclusive and binding on the BANK.
7.0 The Bank also agrees that the PURCHASER shall be entitled at his option
to enforce this guarantee against the BANK as a principal debtor, in the first instance notwithstanding any other Security or guarantee that it may have in relation to the CONSULTANT `s liabilities.
8.0 This guarantee will not be discharged due to the change in the constitution of the
BANK or the CONSULTANT. 9.0 Notwithstanding anything contained herein above, our liability under this
guarantee is restricted to Rs. ....................... (Rupees ..............................) and it will remain in force upto and including .......... and shall be extended from time
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to time for such period as may be desired by M/s. ................................... on whose behalf this guarantee has been given. Dated at .…….. this ......... day of............. 201 ...... .
WITNESSES : 1. SIGNATURE (Signature with name (Printed name) in Block letters and Designation with designation) Staff Code No. Bank`s Seal 2. Attorney as per power of Attorney No (Signature with name Dated in Block letters and with designation)
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SECTION-III TECHNICAL SPECIFICATION
The Technical specification for consultancy services for obtaining ISO 9001 certification of
2008 Version for the Vigilance Branch of NEYVELI LIGNITE CORPORATION
LIMITED, NEYVELI is given below:
. 1.0 Objectives:
The Consultancy is intended to assist and train the Personnel of the Vigilance
Department in Designing, Establishing, Implementing, Maintaining, Evaluating and
improving a QMS based on ISO 9001:2008 Standard and to get certified by a Third
Party Certification Agency for delivering a consistent quality of service following
clearly documented Procedures and Instructions for achieving better efficiency.
2.0 Organization Set Up:
The NLC Vigilance Branch is headed by a CVO. The General Manager / Vigilance is
assisted by a team of 13 Executives , 17 department administrative staff, 12 Special
Branch and Police personnel and 13 Vehicle operators (in Two Shifts) and 6 workmen.
S.NO. CATEGORY OWER
1 Executives 13
2 Non-Executives 17
3 Labour 31
Total 61
3.0. Detailed Scope of Work:
3.1 Scope of the Consultant:
The bidder should help to fill the gap in the existing system, impart awareness to
QMS (ISO9001:2008), Internal /Lead Auditor Training, preparation of QMS
document, conduct Internal Audit & help to close the NCs, Conduct MR meeting,
Identify a Certifying agency from NABCB list of agencies and assist to obtain ISO
9001:2008 certification for the vigilance Branch for 3 years including assistance for
Surveillance audit by the certification agency.
3.2 Tasks assigned to the consultant:
Assisting in formulating quality policy and quality objectives.
Identifying the extent of work to be carried out for the system.
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Guiding the concerned personnel to meet the requirement of ISO 9001: 2008
version certification agencies and accreditation bodies.
Facilitating and building activities / procedures, documentation and records.
Imparting training for awareness and Internal quality auditing and lead
auditors.
Ensuring all necessary inputs to be fulfilled for getting ISO certification.
Assisting to satisfy Pre- Qualification Audits.
Arranging Third Party Certification Agency for ISO certification.
Assisting to fulfill the points / queries if any to be attended as required by
the certification agency to enable to get the ISO 9001 : 2008 version
Certification.
Coordinating the Surveillance Audits (2 Nos) during the certification
validity period
3.4 Training:
Awareness of Quality Management System (QMS) & ISO 9001 for all the personnel working in the Vigilance Branch.
QMS Planning , Development & Implementation & Documentation Internal Auditors for QMS / ISO 9001 for 10 persons. Lead Auditor for QMS / ISO 9001 for 5 persons. All the training shall be conducted at Neyveli.
3.5 Assistance:
(i) Initial review (GAP ANALYSIS): To conduct an initial review of
legislation & regulatory requirements, processes and evaluation of
performance, existing Quality Management Practices & Procedures, policies
and procedures dealing with vigilance activities etc.
(ii) Identification of core and support processes.
(iii) Guiding for drafting of policy and set up of objectives and targets and
establishing measurable performance indicators.
(iv) Guiding to establish QMS Management Programme and assisting to
monitor, review and revise the Programme regularly.
(v) Assisting to develop Documentation, Preparation & Integrating and
Reviewing of the documents for adequacy.
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(vi) Assisting to implement QMS Management in stages based on the level of
Requirements, Aspects, Expectation, Risks, Benefits, and Availability of
resources.
(vii) Assisting in setting up a system for Measuring and Monitoring Performance
/ Corrective and Preventive actions including Evaluation of compliance with
relevant Legislation and Regulations.
(viii) Assisting in preparing the schedule for internal audits as well as in
overseeing the internal audits carried out by Trained Internal auditors and
identifying proper corrective and preventive actions and follow up.
(ix) Assisting to review the results of preliminary audit and certification audit
and taking proper corrective and preventive actions if required.
(x) Assisting any other related activities to obtain the Certification, though not
specifically mentioned here.
(xi) Coordination & assistance for two nos of surveillance audit during the
certification validity period.
(xii) The Consultant will work closely with NLC’s representatives to facilitate
the Documentation required for the above works.
3.6 The above tasks are only indicative and not exhaustive. Any task required for
meeting the objective of this Contract fall under the Scope of Work of the
Consultant only.
3.7 The Scope of Work gets completed only after getting the ISO 9001: 2008
Certification for three years and coordination & assistance of Surveillance Audits (2
Nos) during the certification validity period.
4.0 Discussion:
The Bidders may be called for discussions with regard to this tender, if needed and
shall attend to the discussions at their cost.
5.0 Facilities to be arranged by the Consultant:
(a) All Course Materials in English for Awareness Training, Documentation
Training, Lead Auditor Training and Internal Audit to all the participants.
(b) Any facilities other than the ones committed by NLC for the fulfillment of the
Certification program.
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6.0 Facilities to be provided by NLC
(a) Facilities to conduct training program like room, overhead projector, LCD
projector, screen, working lunch, coffee & tea (during training period only).
(b) In case of Lead Auditor Training Program, Boarding, Lodging on payment
basis (Room at NLC Guest house) and Local Transportation by NLC vehicle
to a maximum of 3 Faculty members will be provided.
7.0 Pre-Bid Visit:
The Bidders are permitted to visit the Vigilance Branch of NLC Ltd, Neyveli, at
their own expense with prior appointment before submission of bids.
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