TWO PART TENDER - CPP-IPR · TWO PART TENDER TENDER NOTICE NO.: ENQ/CPP-IPR/2015-16/11,DATED:14/05/2015 ... IDBI Industrial Development Bank of India IRR Installation Readiness Review

Centre of Plasma Physics Institute for Plasma research

Nazrirakhat, Sonapur

TWO PART TENDER

TENDER NOTICE NO.: ENQ/CPP-IPR/2015-16/11,DATED:14/05/2015

FOR DESIGN, DETAILED ENGINEERING, FACTORY-INSPECTION, SUPPLY,

UNLOADING, HANDLING AT SITE, ERECTION, INTEGRATION, SITE TESTING, PRE-

COMMISSIONING, INTEGRATED COMMISSIONING OF THE 33 KV OUTDOOR

SUBSTATION, 2.5 MVA, 33kV/433 V STEP-DOWN TRANSFORMER, 415 V LT

POWER DISTRIBUTION PANEL WITH ALL THE EQUIPMENT NECESSARY

DUE ON: 30/06/2015, 12 P.M.

CENTRE OF PLASMA PHYSICS- INSTITUTE FOR PLASMA RESEARCH

NAZIRAKHAT, SONAPUR

KAMRUP (M)-782402

ASSAM

ABBREVIATIONS



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AWC Award of Contract

BG Bank Guarantee

BOQ Bill of Quantity

CAC Contract Award Committee

CDD Contractual Delivery Date

ED Excise Duty

EMD Earnest Money Deposit

EOI Expression of Interest

HDFC Housing Development Finance Corporation Limited

CPP-IPR Centre of Plasma Physics-Institute for Plasma Research

INR Indian Rupees

IPR Intellectual Property Rights

IST Indian Standard Time

ICICI Industrial Credit and Investment Corporation of India

IDBI Industrial Development Bank of India

IRR Installation Readiness Review

LD Liquidated Damages

LOI Letter of Intent

MIP Manufacturing and Inspection Plan

MoM Minutes of Meeting

PBG Performance Bank Guarantee

QA Quality Assurance

QMS Quality Management System

SBI State Bank of India

SCC Special Conditions of the Contract

TDS Tax Deducted at Source

TPIA Third Party Inspection Agency

WCT Work Contract Tax



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DETAILS OF THE TENDER DOCUMENT

Sr. No. Particulars

1 PART-A:

Part – A (i) Instruction to Bidders and General Terms & Conditions

Part – A (ii) Scope of Supply/Work and Technical Specifications

2 PART – B: Price Bid Format

LIST OF ANNEXURES TO TENDER DOCUMENT

Sr. No. Particulars

1. Annexure-A: Bank Guarantee Format for Security Deposit

2. Annexure-B: Bank Guarantee Format for Advance Payment

3. Annexure-C: Performance Bank Guarantee Format

4. Annexure-D: Check list of the documents to be submitted with bid

5. Annexure-E: Roadmap for finalization of Contract

LIST OF DRAWINGS

List of drawings given in clause No. 3 of PART-A (ii) of the Tender Document



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PART-A (I)

Instructions to Bidders and General Terms & Conditions Sealed Tenders (TWO PART) are invited from reputed parties fulfilling the following eligibility criteria against this Tender Notice No. ENQ/CPP-IPR/2015-16/11, dated 14/05/2015, design, detailed engineering, factory-inspection, supply, unloading, handling at site, erection, integration, site testing, pre-commissioning, integrated commissioning of the 33 kV outdoor substation, 2.5 MVA, 33 kV/433 V Step-down transformer, 415 V LT Power Distribution Panel with all the equipment necessary at CPP-IPR, Nazirakhat, Sonapur, Kamrup (M)-782402, Assam.

ELIGIBILITY CRITERIA:

(The bidder is required to furnish all supporting documents as proof for the compliance of the

following criteria. Bids received without proof and/or incomplete, irrelevant documents are

likely to be rejected summarily.)

1. Bidder shall have executed minimum two (2) contracts on a “turn-key” basis with supply of all

equipments (including transformers) and associated materials/hardware for 33 kV or higher

class substation at two different locations within last 5 years with reputed government or

non-government organizations.

2. At least one of the sub-station out of the above contracts and shall be performing

satisfactorily for the last two (2) years.

3. At least one of the sub-station out of the above contracts shall be with a total contract value

of at least Rs. 3 crores.

4. The bidder must have average business turn over not less than 05 (five) Crores for last three financial years and it should be a profit making entity. The bidder must submit concerned documents, Audited Annual Accounts (Balance Sheet and Profit & Loss Account for FY 2012-13, 2013-14 and 2014-15) as evidence to prove his sought eligibility.”

5. The bidder shall have valid Electrical Contract License.

Additional requirements (conditional):

1. All equipment/materials proposed to be supplied shall be in service for a period of minimum 3 years.



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2. All equipment/materials proposed to be supplied shall have been type tested from any accredited NABL laboratory not older than 5 years.

1.0 INSTRUCTIONS TO BIDDERS

1.1 This is a TWO PART TENDER. Bidder will submit the bid in Two Parts,

(i) PART – A: Part-A(i) Instructions to Bidders and General Terms & Conditions and Part-A(ii) Scope of Supply/Work and Technical Specifications

(ii) PART – B : Price Bid

Bidders shall submit the bid in duplicate.

1.2 PRICE BID FORMAT: Bidder shall quote price on the Price Bid Format given in PART-B of tender documents.

1.3 Full details and specifications of the items and general instructions to be followed regarding submission of tenders are indicated in the tender documents.

1.4 Proof for fulfilment of eligibility criteria mentioned above should be submitted along with the tender. Tenders received without proof of eligibility criteria will be rejected.

1.5 Tender documents can also be obtained by submitting a written request to the Administrative Officer-I together with prescribed tender fee. Tender documents may be downloaded from website.

1.6 Tender Fee: The tender fee (Non Refundable) of Rs. 1000/- (Rupees One Thousand Only) should be made in the form of DEMAND DRAFT from State Bank of India (SBI) or any Nationalized Bank or from any one of the banks mentioned in bracket (ICICI, IDBI, HDFC and AXIS) drawn in favour of Institute for Plasma Research A/c CPP and payable at Sonapur. Vendor’s name and tender number shall be indicated on the reverse side of the Demand Draft.

1.7 DD should not be prior dated to the date of advertisement.

1.8 Those who use the downloaded tender documents from CPP-IPR Website shall submit the prescribed Tender Fee keeping in a separate envelope along with the tender. This envelope should be marked as “TENDER FEE”.

1.9 No request for the extension of due date will be considered.

1.10 Late/Delayed offers will not be accepted.

1.11 Earnest Money Deposit: Bid must be submitted along with Earnest Money Deposit (EMD) for Rs. 3,00,000.00 (Rupees Three Lakh Only) by way of Demand Draft drawn



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in favour of Institute for Plasma Research A/c CPP, payable at Sonapur, INDIA from one on the banks mentioned in Sr. No. 1.7 above.

EMD of unsuccessful bidders will be returned after award of the contract. EMD of successful bidder will be returned after submission of Security deposit by them.

EMD shall be forfeited in case the Bidder fails to comply with any of the terms and conditions stipulated in the tender documents, after submission of Bid.

1.12 Due date to submit bid: Tender in a sealed envelopes as per clause no. 1.23 [Part-A(i) and Part-A(ii) – & Tender Fee/EMD and Part-B] super-scribing the envelopes with the above tender no., date, due date and brief description of tendered item should be submitted latest by 12.00 p.m. on 30/06/2015 to the Centre Director, CPP-IPR at the following address:

Centre Director CPP-IPR,

Nazirakhat, Soanpur, Kamrup (M)-782402, Assam

Part – A will be opened on the same day at 2.30 p.m. in the presence of attending Bidders.

Part – B (Price Bid): Date of opening of Price Bid of eligible and Techno-commercially qualified Bidder/s will be intimated to them later on.

1.13 The representative who is going to attend the tender opening should carry an authorization letter from the organization for participation in the tender opening, failing which he/she may not be allowed to participate in the tender opening.

1.14 In the event of any date indicated above is a declared Holiday, the next working day shall become operative for the respective purpose mentioned herein.

1.15 CPP-IPR will not be responsible for any delay/loss of Tender or documents in transit.

1.16 Bids received without the details asked for including proof of eligibility for participating in the tender may not be considered.

1.17 Bidders should furnish/enclose full technical details/literature, delivery period and confirm the terms and conditions attached with the tender.

1.18 Those who do not meet with the eligibility criteria need not submit Tender.

1.19 Those who are quoting on behalf of their foreign Principals should submit a Proforma Invoice of Foreign Principals in foreign currency. Bidder should submit quotation on behalf of only one foreign supplier.

1.20 Bids received without the prescribed Tender Fee and EMD will not be considered.

1.21 Bidder will submit technical bid, commercial bid and all supporting documents pertaining to this tender in English.



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1.22 PREPARATION AND SUBMISSION OF BID

1.22.1 Bidders shall bear all costs associated with preparation and submission of Bid. CPP-IPR shall not in any case be responsible or liable for these costs, regardless of the conduct or outcome of bidding process.

1.22.2 The Bid shall be printed with legible words and drawings etc. The Bidders shall submit the Bid [in duplicate + one soft copy on Flash Drive / DVD /CD] as per following instructions on or before the scheduled date and time. No soft copy for the Price Bid shall be submitted.

ENVELOPE–III: PRICE BID FOR SUBSTATION (Part-B)

TENDER TITLE: TENDER NO: TENDER DATE: DUE DATE FOR OPENING:

BIDS IN DUPLICATE

To



From :

ENVELOPE–I: TENDER FEE and EMD (Part-A)


DEMAND DRAFT FOR TENDER FEE AND EMD To



From:



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1.23 Validity of the bid: Bid should be valid at least for 120 days from the date of opening of the Part-A. If asked for by the Purchaser, the tenderer shall extend the validity of his bid without any change in price/rate and Tender terms and conditions

1.24 Rejection of bid: Non-c ompliance of tender specification and/or tender documents including terms and conditions will lead to summarily rejection of quotations received.

1.25 Road-Map for the finalization of the Contract: CPP-IPR will follow the Roadmap given in Annexure – E of this document for evaluation of the bids and placement of the Contract.

1.26 Result of the tenders: Unsuccessful bidders will not be informed of the result of their bids.

1.27 The Centre Director, CPP-IPR reserves the right to accept or reject any or all quotation/tenders fully or partly without assigning any reason.

1.28 All communications related to this tender must be sent to, To

Centre Director CPP-IPR, Nazirakhat, Soanpur,

ENVELOPE–IV: DOCUMENTS (Part-A)


ALL TENDER DOCUMENTS INCLUDING ATTACHMENTS SIGNED ON ALL PAGES AND NUMBERED + OTHER APPLICABLE DOCUMENTS

To



From:

ENVELOPE–II: TECHNICAL AND COMMERCIAL BID WITHOUT PRICE BID FOR SUBSTATION (Part-A)


BIDS IN DUPLICATE + ONE SOFT COPY OF BID ON FLASH DRIVE OR DVD OR CD

To



From:



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Kamrup (M)-782402, Assam

Phone: 0361-2220010 Fax: 0361-2238240 E-mail: [email protected]

Successful Bidder will be given the draft Contract copy for their scrutiny and comments, if any. Subsequently the bidder will have to visit CPP-IPR for finalizing and signing the Contract. This complete process should be executed maximum within 20 days from the date of submission of draft Contract copy by Purchaser.

NOTE: Issue of tender documents does not mean that a Bidder is qualified to submit bids. CPP-

IPR’s decision to consider as to whether a bidder has met with the eligibility criteria is final.

2.0 GENERAL TERMS AND CONDITION

Following are the General Conditions for Contract (GCC) applicable to this tender. The Purchase Order/Contract resulting from this tender shall be governed by the terms and conditions given in this GCC. Bidders submitting the bid against this tender shall be deemed to have read and understood the same in total.

2.1 DEFINITIONS:

(a) “ITEM/S” / “MATEIRAL(S)” / “EQUIPMENT” / “SUBSTATION” shall mean 33 kV outdoor substation, with all necessary equipment as per specifications and bill of material/quantity specified in tender documents.

(b) “PURCHASER” shall mean the CPP-IPR, acting through the Centre Director or his authorized representative *herein after called as “CPP-IPR”

(c) “CENTRE DIRECTOR” shall mean Centre Director of CPP-IPR and includes any other officer entrusted with the function of Purchase Order/Contract by the CPP-IPR.

(d) “PROJECT MANAGER/PM” shall mean the person authorized to act as Project Manager by competent authority of CPP-IPR.

(e) “INSPECTOR” shall mean any person appointed by the Purchaser to inspect or carryout quality surveillance on supplies, items or work under the Purchase Order/Contract on behalf of the Purchaser or any person deputed by the Purchaser/Inspector for the said purpose.

(f) The “TECHNICAL RESPONSIBLE OFFICER (TRO)” shall mean the person nominated by the Purchaser to carry out all technical functions concerning the Purchase Order/Contract including inter-alia approval of manufacturing drawings/design, post Purchase Order/C ontract technical follow up, accounting of free issue materials where involved and such other technical functions.

(g) “PARTICULARS” shall mean the technical specifications as given in Part-A (ii) including annexures and attachments thereof and any other details governing the design,

mailto:[email protected]



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manufacture, inspection, testing, delivery, erection and commissioning of 33 kV outdoor substation,.

(h) “PARTY” shall mean either the PURCHASER or the SUPPLIER / CONTRACTOR

(i) “PARTIES” to the Purchase Order/Contract are the Purchaser and the Supplier/Contractor named in the Purchase Order/Contract.

(j) “CONTRACTOR” or “SUPPLIER” shall mean the firm or company with whom or with which the Order/Contract for design, detailed engineering, factory-inspection, supply, unloading, handling at site, erection, integration, site testing, pre-commissioning, integrated commissioning of the 33 kV outdoor substation is placed and shall be deemed to include the Supplier/Contractor's legal successors and/or assignees (approved by the Purchaser), representatives, heirs, executors and administrators unless excluded by the Purchase Order/Contract.

(k) “CONTRACT” or “PURCHASE ORDER” shall mean the communication or document signed b y the authorised representative of the Supplier/Contractor an d on behalf of the Purchaser by an Officer duly authorized confirming the acceptance, for and on behalf of the Purchaser, on the terms and conditions mentioned or referred to in the said communication or document, including all attachments, annexures and appendices thereto, while accepting the Tender or Offer of the Supplier/Contractor for supply of Substation and any subsequent amendments there to made on the basis of mutual agreement.

(l) “SHIPPING RELEASE/DISPATCH CLEARANCE” shall mean the document issued by the Purchaser authorizing the Supplier/Contractor to ship the Substations/ITEMS on satisfactory completion of inspection.

(m)“GUARANTEE PERIOD” or "WARRANTY PERIOD” shall mean the period during which the Supplier/Contractor shall remain liable without any extra cost to the Purchaser for repair, replace or rectify any defective part or performance of the Substations/ITEMS supplied under the Purchase Order/Contract.

(n) “BID”/”TENDER”/”QUOTATION” shall mean and include proposal/offer and quotation.

(o) “PRICE” shall mean the price/s quoted by the Supplier/Contractor in his proposal for the entire scope of supply/work covered under the specifications as defined in Part-A (ii).

(p) “DELIVERABLES” shall mean all the Substations/Items, design, detailed engineering, factory-inspection, supply, unloading, handling at site, erection, integration, site testing, pre-commissioning, integrated commissioning of the 33 kV outdoor substation, as described in Part A(ii).

(q) “TENDERER”/"BIDDER”/”VENDOR” shall mean the entity who seeks to supply Substations/Items by sending Tender/Bid/Quotation.

(r) “THIRD PARTY” shall mean the party authorized to carry out the assigned job on behalf of



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the Purchaser.

(s) “ORDER ACKNOWLEDGEMENT” shall mean, for administrative reasons, the written acknowledgement sent by the Supplier/Contractor to the Purchaser as soon as the Purchase Order/Contract is signed by the Parties.

(t) “PERFORMANCE TEST” / “SITE TESTING” shall mean all operational checks and tests required to determine the performance parameters including inter-alia capacity, efficiency and operating characteristics of the Substations/Items as specified in the Contract.

(u) “ACCEPTANCE” shall mean and deemed to include one or more of the following as will be stipulated in the Contract.

i. The written acceptance of Substations/Items by the Purchaser/Inspector at Contractor’s

works to ship the materials.

ii. Acceptance of the Substations/Items at Purchaser’s site: Substations/Items after its

receipt and due inspection and release of Material Receipt Note. Where the scope of

the Contract is only supply, the acceptance should be completed as far as possible

within 30 (Thirty) days from the date of receipt of Items at Purchaser's site, subject to

Contractor meeting the requirements stipulated in the Contract.

iii. Where the scope of the Contract includes supply, erection, site testing and

commissioning, acceptance shall mean issue of necessary Material Receipt Note after

commissioning and final acceptance of Items etc. which should be completed within 30

(thirty) days from the date of commissioning and final acceptance of the Items at

Purchaser’s site, subject to Contractor meeting the requirements stipulated in the

Contract.

2.2 COUNTER TERMS AND CONDITIONS OF BIDDER:

Where counter terms and conditions have been offered by the bidder, the same shall

not be deemed to have been accepted by CPP-IPR, unless specific written acceptance

thereof is obtained from CPP-IPR.

2.3 CLARIFICATIONS:

Any technical and commercial questions, information, clarifications etc. that may be required pertaining to this tender may be obtained from the TRO before submitting the bid. Bidder will send the request for such clarifications to the Purchase Officer minimum 10 working days prior to the due date to submit the bid.

2.4 Bids shall be complete in all respects and shall include properly filled in prices, schedules, specifications, relevant drawings and catalogues as necessary along with the bid covering letter, all in duplicate.



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2.5 Wherever options are specified in the tender documents, CPP-IPR reserves the right to accept any option/s irrespective of whether all the bidders have quoted for all the options or not. The decision of CPP-IPR in this regard will be final.

2.6 Tender should be free from Corrections and Erasures. Corrections, if any, must be attested. All amounts shall be indicated both in words as well as in figures. Where there is difference between amounts quoted in words and figures, t h e amount quoted in words shall prevail.

2.7 CPP-IPR shall be under no obligation to accept the lowest or any other bid received in response to this tender and reserves the right of acceptance of the whole or any part of the bid or portion of the quantity offered and the bidder shall supply the same at the rates quoted. CPP-IPR is not bound to accept the lowest bid.

2.8 CONDITIONAL DISCOUNT: Conditional discount, if any, offered will not be considered.

2.9 VAT/SALES TAX: Purchaser has no “C” or “D” form. The percentage of Sales Tax/VAT. Surcharge, if applicable and other levies legally liveable and intended to be claimed should be clearly indicated in the bid. Where this is not done, no claim on these accounts would be admissible later.

2.10 VAT REGISTRATION: Bidder may submit a copy of VAT Registration certificate along with quotation (if applicable).

2.11 SERVICE TAX: Wherever Service Tax is applicable, it should be mentioned clearly. Bidder may indicate percentage of Service Tax in quotation.

2.12 EXCISE DUTY: As per Notification No.10/97-CE (Central Excise) dated 1-3-1997; the Purchaser is entitled for availing Excuse Duty exemption at present. Excise Duty Exemption Certificate, wherever applicable, and as per rules will be issued at the appropriate time. Hence Excise Duty should not be included in the bid. However, prevailing percentage of Excise Duty may be indicated.

2.13 TDS/WORK CONTRACT TAX OR ANY OTHER LEVIABLE TAXES OR DUTIES: If applicable, the same shall be recovered from the supplier/contractor’s bill and necessary certificate will be issued to the supplier/contractor.

2.14 DELIVERY DATE: Complete scope as specified in Part A (ii) should be completed within 06 months from the date of LoI. Bidder must indicate the firm date by which the Substations/ITEMS will be delivered by them and firm date by which the Substations/ITEMS will be erected/tested and commissioned by them.

The time for and the date for completion of complete scope as specified in Part A(ii) as stipulated in the Purchase Order/Contract shall be deemed to be the essence of the Purchase Order/Contract.

2.15 SCOPE OF SUPPLY/WORK AND SPECIFICATIONS:



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2.15.1 Scope of supply/work, Technical Specifications and other details under this tender notice are given in Part-A (ii). Substations should be offered strictly conforming to the specifications within acceptable tolerance level given in Technical specifications in tender document. Deviations, if any, should be clearly indicated by the bidder in their bid. The supplier should also indicate the Make/Type number of the materials offered and catalogues, technical literature and samples, wherever necessary should accompany the quotation.

2.15.2 Any tooling, fittings or accessories which may not be specifically mentioned in the Specifications or Particulars but which are usual or necessary for proper and efficient functioning of the Substations as per the specifications of the tender shall be supplied by the Supplier/Contractor without extra charge to the Purchaser, the Substations supplied shall be complete in all respects.

2.15.3 CPP-IPR shall provide electricity, water and storage space free of charge during performance of erection, commissioning, testing and civil work.

2.16 ALTERATION OF SPECIFICATIONS, PATTERNS AND DRAWINGS:

2.16.1 The Purchaser reserves the right to alter, whenever necessary, specifications, patterns and drawings. As from the date of such alteration, the Substations shall be in accordance with the specifications, patterns and drawings so altered, which the Supplier/Contractor is bound to comply with.

2.16.2 In the event of such alteration involving a revision in the cost, or in the delivery period, the same shall be discussed and mutually agreed to, taking into account the unit rates of similar items in the Purchase Order/Contract. In case of disagreement, the decision of the Purchaser, in the cost or the delivery period, shall be final and conclusive.

2.17 MISTAKES IN DRAWINGS:

The Supplier/Contractor shall be responsible to make all necessary alterations of the

Substations/ITEMS which are occasioned due to any discrepancies, errors or omission

in the drawings/design or particulars submitted by the Supplier/Contractor

irrespective of whether these have been approved by the Purchaser or not. If the

Supplier/Contractor fails to make such alterations, the Purchaser may do so at the risk

and cost of Supplier/Contractor.

2.18 MINOR MODIFICATIONS/ADDITIONAL SCOPE OF WORK: Minor modifications/ additional scope of work to the tune of 2% of the total Purchase Order/Contract value will be carried out by the Supplier/Contractor without any extra cost to CPP-IPR.

2.19 SUBLETTING OR ASSIGNMENT OF PURCHASE ORDER/CONTRACT:

2.19.1 The Supplier/Contractor shall not sublet, transfer or assign the Purchase Order/Contract or any part thereof or bills or any other benefits, accruing there from or under the Purchase Order/Contract without the prior written consent of the



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Purchaser (All Sub-contractors are required to be appraised and approved by the Purchaser before placement of orders by the Contractor/Supplier). However, such consent shall not be unreasonably withheld by the Purchaser, if such ITEMS are not normally manufactured by the Supplier/Contractor, such assignment or subletting shall not relive the Supplier/Contractor from any contractual obligation or responsibility under the Purchase Order/Contract.

2.19.2 Any breach of this condition shall entitle the Purchaser to cancel the Purchase Order/Contract or any part thereof and to purchase from other sources at the risk and cost of the Supplier/Contractor in terms of clause No. 2.35 hereof and/or recover from the Supplier/Contractor damages arising from such cancellations.

2.19.3 In case the Supplier/Contractor sublets, transfers or assigns any part of the Purchase Order/Contract with the prior written consent of the Purchaser, all payments to the Sub-Contractor shall be the responsibility of the Supplier/Contractor and any requests from such sub-contractor shall not be entertained by the Purchaser.

2.20 BAR/PERT CHARTS: To be provided as per the requirement of the Purchaser.

2.21 SAMPLES

2.21.1 Samples (if required) submitted by the Supplier/Contractor for any reasons, shall be supplied without charge and freight paid without any obligation to the Purchaser as regards safe custody and safe return thereof. All samples submitted must be clearly labeled with the Supplier/Contractor's name and address and tender number. If the Supplier/Contractor submits the sample with his tender the same shall govern the standard of supply if it has been specifically stated in the Purchase Order/Contract that the sample has been accepted instead of the Patent item.

2.21.2 Should certified samples be lent to the Supplier/Contractor by the Purchaser, the Supplier/Contractor would be responsible for the return in perfect order of all certified samples, with the labels intact.

2.22 TERMS OF PRICES:

2.22.1 Bid/Quotation should be submitted on door delivery basis, inclusive of packing & forwarding, loading, freight and insurance, unloading and handling & shifting at site. Quoted price should be FIRM for the Scope mentioned in various places in the tender documents. Unit rate/s should be FIRM throughout the Purchase Order/Contract period. Break-up of price should be furnished. The quoted price should not be subject to price escalation for whatsoever reasons. The quoted price shall be firm, fixed and non-revisable during the validity/extended validity of Purchase Order/Contract.

2.22.2 Prices are required to be quoted according to the units indicated in the tender form. When quotations are given in terms of units other than those specified in the tender form, relationship between the two sets of units must be furnished. Unit rate/s should



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be valid throughout the validity of Purchase Order/Contract period for addition/deletion purposes.

2.23 INSPECTION AND ACCEPTANCE TEST: CPP-IPR reserves the right to carry out Pre-dispatch Inspection (PDI) of the ordered item/s. Refer Part-A (ii) for more details.

The Purchaser’s representative/authorized Third Party shall also be entitled at all reasonable times during manufacturing to inspect, examine and test all the Substations/Items to be supplied under the Purchase Order/Contract at the Supplier/ Contractor's premises/Sub- contractor’s premises and if part of said Substations/Items are being manufactured at other premises, the Supplier/ Contractor shall obtain from the Purchaser's representative permission to inspect, examine, and test as if the equipment were being manufactured on the Supplier/Contractor's premises such inspection, examination and testing shall not release the Contractor from the obligation under the Purchase Order/Contract.

For tests to be performed at the premises of the Supplier/ Contractor or of any of his sub-contractors the Supplier/Contractor shall provide free of cost assistance, labour, materials, electricity, fuel and instruments as may be required or as may be reasonably needed by the Purchaser's representative to carry out the tests efficiently.

When the Substations/ITEMS have passed the specified test, the Purchaser's representative shall furnish a certificate to this effect in writing to the Supplier/ Contractor. The Supplier/Contractor shall provide copies of the tests Certificates/Reports to the Purchaser as may be required.

2.24 DISPATCH CLEARANCE: If pre-dispatch inspection (PDI) is a condition in the Purchase Order/Contract, supplier should obtain dispatch clearance letter on satisfactory inspection of the Substations/ITEMS from CPP-IPR before affecting the dispatch.

2.25 FINAL ACCEPTANCE OF SUBSTATIONS/ITEMS: Materials on its arrival at CPP-IPR/delivery site will be inspected as per criteria specified in Part-A (ii) of this tender by Engineer In-charge, and his decision in the matter will be final. Final acceptance will be subject to the satisfactory performance of the Substations at CPP-IPR/delivery site.

2.26 INSURANCE: Unless otherwise expressly mentioned in the Contract, the Contractor shall take an appropriate insurance for all the Substations/Items delivered up to CPP-IPR against all risks including loss or damage during the transport, storage at works/site, erection & commissioning, due to theft, fire, accidents etc. with his underwriters prior to dispatch of the Substations/ITEMS under intimation to the Consignee. The Insurance should be valid till final acceptance of the Substations at Purchaser’s site. Proof of insurance to be furnished along with other dispatch documents. In case of failure of the Supplier/Contractor to take out the insurance cover, the supplier/contractor would be held responsible for any loss, damages, breakage, non-delivery, theft, pilferage of the ITEMS in the transit or during erection and commissioning.



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The Contractor shall make claims, if any, with the insurance company and without waiting for the settlement of claim, the Contractor shall replace the damaged, lost, defective item/s free of charge within a reasonable time to avoid delay in commissioning Substations and other accessories.

The Contractor shall also arrange for watch and ward insurance and third party liability cover till taking over of all the Substations/ITEMS covered in the contract, covering adequate third party liability for Contractor’s workmen who shall be carrying out the erection and commissioning, dismantling work at site for accidents and damages.

2.26.1 INSURANCE FOR DISMANTLED EQUIPMENT:

Insurance for dismantled equipment to be arranged by Contractor against all risks valid till the dismantled equipments are re-erected and re-commissioned.

2.27 ACCIDENT LIABILITY:

The Contractor will take all possible precautions to avoid damage to the Substations and accessories during its erection, commissioning and testing dismantling of existing old equipment. Contractor shall also take insurance covering third party liability for the personnel deployed at Purchaser’s site against all risks, such as injuries, loss of life etc. Contractor will be fully responsible for payment of compensation. In the event of loss or damage to Purchaser’s property and/or injury or loss of life to Purchaser’s personnel during the course of erection, commissioning and testing as a result of fault/s in the Substations and other accessories covered in the contract, Contractor will be fully responsible for such damages/losses and payment of appropriate compensation. Contractor will relieve the Purchaser from all the liabilities under this clause.

2.28 ERECTION/COMMISSIONING/CIVIL WORKS/SITE WORKS: Wherever these activities are part of scope of work/specifications, Supplier/Contractor should carry out the same without any extra cost to CPP-IPR. Refer PART-A (ii) of the tender documents for more details.

2.29 CHECK LIST / DOCUMENTS TO BE SUBMITTED ALONG WITH OFFER: List of the documents to be included in with the bid is given in Annexure – D. Bidder must ensure that all documents are included with the bid as per this check list. Bidder shall attach the copy of this list tick marked against the documents attached and duly signed with Part-A of his bid.

Bidder shall use high quality Plastic bags to protect the bids from any damage in transit.

2.30 MODES OF PAYMENT:

Unless otherwise agreed, the Purchaser will make payment directly to the Contractor as

per the Contract/Purchase Order by cheque. The Purchaser will release payment due to

the Contractor within 30 (thirty) days provided the Contractor submits the invoice/s



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and other accompanying documents that are complete and acceptable in all respects

2.31 TERMS OF PAYMENT AND PAYMENT SCHEDULE:

2.31.1 TERMS OF PAYMENT:

2.31.1.1 CPP-IPR is fully funded by Govt. of India and the normal payment term of the Purchase is 30 days from the date of acceptance and on receipt of invoice in duplicate. However, the following payment (as mentioned in payment schedule), if insisted by the Supplier, shall be considered.

2.31.1.2 Wherever advance payment is involved, advance payment shall be made subject to submission of Bank Guarantee (BG) for an equivalent amount from any Nationalized Bank or one of the banks mentioned in bracket (ICICI, IDBI, HDFC, AXIS) to I-I. BG should be furnished as per CPP-IPR format given in Annexure-B and should be valid till two months beyond the Final acceptance.

2.31.1.3 Release of Payment is subject to signing a Contract and furnishing Security Deposit specified in the tender documents and furnishing BG in case of advance payment.

2.31.2 PAYMENT SCHEDULE: The following payment schedule, if insisted by the bidder, shall be considered.

Sl. No. Milestone for payment %

1 Advance against submission of BG for an equivalent amount from

one of the banks specified in Tender documents and on receipt of

Proforma Invoice in triplicate.

10%

2 After approval of major drawings by CPP-IPR and on receipt

equivalent amount of BG from one of the banks specified in Tender

documents and Proforma Invoice in triplicate

10%

3 Against delivery of Substations at CPP-IPR site, its verification by

CPP-IPR representative and on receipt of Proforma Invoice in

triplicate.

50%

4 Within 15 days from the date of successful erection and

commissioning of Substations and on receipt of Invoice in triplicate.

20%

5 Within 30 days from the date of successful final

acceptance/performance testing at CPP-IPR site and on receipt of

Performance Bank guarantee for 10% of the contract value from

one of the banks specified in Tender documents and on receipt of

Final Invoice in triplicate.

10%

Total 100%

2.32 BANK CHARGES (if applicable): All bank charges to be borne by the Contractor/Supplier.



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2.33 MODE OF DISPATCH: By any reputed transporter using dedicated suitable vehicle on door delivery, freight paid, duly packed and insured basis.

2.34 SUPPLIER/CONTRACTOR’S RESPONSIBILITY REGARDING DISPATCH:

2.34.1 The supplier/contractor shall be responsible for delivery of Substations/ITEMS at the destination specified by the Purchaser on Door Delivery basis.

2.34.2 Unless otherwise expressly mentioned in the Purchase Order/Contract, the Supplier/Contractor shall pay and bear all freight and all costs and expenses for Loading, Transportation, Unloading, Handling and Shifting of the Substations/ITEMS to the place of delivery/erection specified in the Purchase Order/Contract.

2.35 CONTRACTOR’S DEFAULT LIABILITY

2.35.1 The Purchaser may upon written notice of default to Contractor terminate the Contract in whole or in part in circumstances detailed hereunder:

(a) If in the judgment of the Purchaser the Contractor fails to make delivery of Substations/ITEMS within the time specified in the Contract or within the period for which extension has been granted by the Purchaser to the Contractor.

(b) If in the judgment of the Purchaser the Contractor fails to comply with any of the other provisions of this Contract.

In the event the Purchaser terminates the purchase order/contract in whole or in part; the Purchaser may take recourse to anyone or more of the following actions. The termination will not relieve the Supplier/Contractor from submitting the Performance Bank Guarantee for the portion not terminated.

(a) the Security Deposit is to be forfeited

(b) The Purchaser may procure, upon such terms and in such manner as it deems appropriate, Items similar to those undelivered, and the supplier shall be liable for all available actions against it in terms of the purchase order/contract.

(c) However, the supplier shall continue to perform the purchase order/contract to the extent not terminated.

(d) Recovery of Liquidated Damages as per the Purchase Order/Contract.

2.35.2 In the event the Purchaser terminates the Contract in whole or in part as provided in Clause for 2.35.1, the Purchaser reserves the right to Purchase upon such terms and in such a manner as he may deem appropriate Substations/ITEMS similar to that terminated and the Contractor shall be liable to the Purchaser for any additional costs for such similar Substations/ITEMS and/or for liquidated damages for delay as defined in clause 2.39 until such reasonable time as may be required for the final acceptance of Substations/ITEMS.

2.35.3 If the Contract is terminated as provided in clause 2.35.1 the Purchaser in addition to any other rights provided in the Article, may require the Contractor to transfer title and



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deliver to the Purchaser under any of the following cases in the manner and as directed by the Purchaser.

(a) Any completed Substations/ITEMS

(b) Such partially completed Substations/ITEMS, information and Contract rights thereinafter called manufacturing material as the Contractor has specifically produced or acquired for the performance of the Contract as terminated. The Purchaser shall pay to the Contractor the Contract price for completed Substations/ITEMS delivered to and accepted by the Purchaser.

2.35.4 In the event the Purchaser does not terminate the Contract, the Contractor shall continue the performance of the Contract in which case he shall be liable to the Purchaser for liquidated damages for delay as set out in Clause 2.39 until the Substations/ITEMS are accepted.

2.35.5 Total liability of the Contractor will be limited to the total Contract Value.

2.36 REPLACEMENT:

If the S u b s t a t i o n s / ITEMS or any portion thereof is damaged or lost during transit, the Purchaser shall give notice to the Supplier/Contractor setting forth particulars of such Substat ions/ ITEMS damaged or lost during transit. The replacement of such Su bst at ion s/ ITEMS shall be effected by the Supplier/Contractor free of charge within a reasonable time to avoid unnecessary delay in the intended usage of the Substations/ITEMS.

2.37 REJECTION:

In the event that any of the Substations/ITEMS supplied by the Supplier/Contractor is found defective in material or workmanship otherwise not in conformity with the requirements of the Purchase Order/Contract specification, the Purchaser shall either reject the Substations/ITEMS or request the Supplier/Contractor, in writing to rectify the same. The Supplier/Contractor, on receipt of such notification shall either rectify or replace the defective Substations/ITEMS free of cost to the Purchaser.

If the Supplier/Contractor fails to do so, the Purchaser may at his option either:

(a) replace or rectify such defective Substations/ITEMS and recover the extra cost so involved from the Supplier/Contractor or

(b) terminate the Purchase Order/Contract for default as provided under Clause 2.35

(c) acquire the defective Substations/ITEMS at a reduced price considered equitable under the circumstances. The provision of this article shall not prejudice the Purchaser’s rights under Clause 2.41.

2.38 EXTENSION OF TIME:

If the completion of supply of Substations/ITEMS is delayed due to reasons of Force Majeure such as acts of God, acts of public enemy, acts of Government, fires floods, epidemics,



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quarantine, restrictions, strikes and freight embargoes, the Supplier/Contractor shall give notice within 5 days to the Purchaser in writing of his claim for an extension of time. The purchaser on receipt of such notice after verification, if necessary, may agree to extend the Purchase Order/Contract delivery date as may be reasonable but without prejudice to other terms and conditions of the Purchase Order/Contract.

2.39 DELAY IN COMPLETION/LIQUIDATED DAMAGES:

2.39.1 If the Supplier/Contractor fails to deliver the Substations/ITEMS within the time specified in the Purchase Order/Contract, the Purchaser shall recover from the Supplier/Contractor as liquidated damages sum of half percent (0.5%) of the total Purchase Order/Contract price (Basic price) for each calendar week of delay. The total liquidated damages shall not exceed five percent (5%) of the Purchase Order/Contract price. Substations/ITEMS will be deemed to have been delivered only when all its component parts are also delivered. If certain components are not delivered in time, the Substations/ITEMS will be considered as delayed until such time the missing parts are delivered.

2.39.2 Where the Purchase Order/Contract entered into is a composite one with supply cum erection and installation/commissioning, civil work activities and the completion of erection and installation/commissioning, civil work is delayed irrespective of the fact that whether supply of material has been made within the original delivery period, the Purchase Order/Contract is to be considered delayed as a whole and Liquidated Damages will be recovered on the total Purchase Order/Contract value.

2.40 RECOVERY OF SUMS DUE:

2.40.1 Wherever any claim for the payment of Liquidated Damages or loss suffered by the Purchaser arises in terms of money out of the Purchase Order/Contract against the Supplier/Contractor, the Purchaser shall be entitled to recover such sums from any due payment under the Purchase Order/Contract. In the event of this amount being insufficient, then the amount of damages or loss shall be recoverable from the payment that may become due to the Supplier/Contractor from this Purchase Order/Contract or any other Purchase Order/Contract with the Purchaser. Should this sum be not sufficient to cover the amount of damages or loss that may be recoverable, the Supplier/Contractor shall pay to the Purchaser on demand, amount due. Similarly if the Purchaser had made any claim against the Supplier/Contractor under the Purchase Order/Contract or any other Purchase Order/Contract with the Purchaser, the payment of all sums payable under the Purchase Order/Contract to the Supplier/Contractor shall be withheld to the extent of claims due according to the Purchaser till such claims of the Purchaser are finally paid by the Supplier/Contractor, pending which the same will be adjusted. Notwithstanding the provision for recovery through adjustment the Purchaser shall be free to recover his claims from the Supplier/Contractor as per the terms of the Purchase Order/Contract.



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2.41 GUARANTEE/WARRANTY & REPLACEMENT:

(a) The Supplier/Contractor shall guarantee the Substat ion s/ ITEMS supplied shall comply fully with the specifications laid down, for material, workmanship and performance for a period of eighteen (18) months after the f in a l acceptance of the Su b st a t i o n s / ITEMS.

(b) If any defects are discovered therein or any defects therein are found to have developed under proper use arising from faulty materials, design or workmanship, Supplier/ Contractor shall remedy such defects at his own cost provided he is called upon to do so within a period of 18 months from the date of acceptance thereof.

(c) Should Supplier/ Contractor fails to rectify, the P urchaser shall have the right to reject or repair or replace at the cost of the Supplier/Contractor the whole or any portion of the defective Substations/ITEMS.

(d) The decision of the Purchaser, notwithstanding any prior approval or acceptance or inspection thereof on behalf of the Purchaser, as to whether or not the S u b s t a t i o n s / ITEMS supplied by the S u p p l i e r / Contractor are defective or any defect has developed within the said period of twelve months after the acceptance of the Substation/ITEMS or as to whether the nature of the defects requires renewal or replacement, shall be final, conclusive and binding on the Supplier/Contractor.

(e) To fulfill guarantee/warranty conditions outlined in Clause 2.41 (a) to (c) above, the Supplier/Contractor shall at the option of the Purchaser, furnish a Bank Guarantee (refer clause No. 2.66, Performance Bank Guarantee) from a Bank approved by the Purchaser for an amount equivalent to 10% of the value of the Purchase Order/Contract a long with the final invoice. On the performance and completion of the contractual obligations in all respects, the Bank Guarantee will be returned to the Supplier/Contractor without any Interest.

(f) All the replacement Substations/ITEMS shall also be guaranteed for a period of 18 months from the date of arrival of replacement items at Purchaser's site.

(g) Even while the 18 months guarantee applied to the Substations/ITEMS in case where a greater period is called forth by our specifications then such a specification shall apply

2.42 SUPPLIER/CONTRACTOR’S LIABILITY FOR DEFECTIVE ITEMS:

2.42.1 The Purchaser may accept the Substations/ITEMS, if it is complete in all respects or alternatively accept the same on such terms as may be considered appropriate. If the Substations/ITEMS, after the acceptance thereof is discovered to have defects, latent or otherwise, notwithstanding that such defects could have been discovered at the time of inspection, or any defects therein are found to have developed during the



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Guarantee Period while under proper use or subsequently it is found that Substations/ITEMS failed to fulfill the requirements or Particulars of the Purchase Order/Contract or developed defects after erection / put into use within a period of 18 (eighteen) months from the date of acceptance, the Purchaser shall be entitled to give a notice to the Supplier/Contractor within 18 months from the date of acceptance of Substations/ITEMS setting forth details of such defects or failure and Supplier/Contractor shall forthwith make the defective Substations/ITEMS good or alter the same to make it comply with the requirements of the Purchase Order/Contract at his own cost. Further, if in the opinion of the Purchaser, defects are of such a nature that the same cannot be made good or repaired without impairing the efficiency or workability of the Substations/ITEMS or if in the opinion of the Purchaser, such opinion being final, the Substations/ITEMS cannot be repaired or altered to make it comply with the requirements of the Purchase Order/Contract, the Supplier/Contractor shall remove and replace the same with a Substation/ITEMS confirming in all respects to the stipulated specifications at the Supplier/Contractor's own cost. If the Supplier/Contractor fails to make the desired repairs/replacements within reasonable time then such repairs/replacements at the cost of the Supplier/Contractor shall be carried out by the Purchaser, with Substations/ITEMS of the same Particulars or when the Substations/ITEMS conforming to the stipulated particulars are not in opinion of the Purchaser readily procurable, such opinion being final, then the nearest available substitute thereof.

2.42.2 Should the Supplier/Contractor fails to comply within a reasonable time of issue of notice, the Purchaser may reject at the cost of the Supplier/Contractor, the whole or any part of the Substation/ITEMS as the case may be, which is defective or fails to fulfill the requirements of the Purchase Order/Contract and make the desired repairs/replacement as stipulated in clause no 2.42.1 above.

2.42.3 In the event of such rejection the Purchaser shall be entitled to use the Substations/ITEMS in a reasonable and proper manner for such time as sufficient to enable the Purchaser to obtain replacement, as hereinbefore provided.

2.43 REQUIREMENT OF ADDITIONAL NUMBERS OF THE ITEMS/ SPAREPARTS ORDERED:

The Supplier/Contractor shall also undertake the supply of additional number (Nos.) of items covered by the Order/Contract as considered necessary by the Purchaser at a later date. The actual price to be paid shall be mutually agreed to after negotiations

2.44 GENERAL ADMINISTRATIVE PROVISIONS:

The Parties shall designate the Technical Responsible Officers (hereinafter referred to as the “TRO”) on award of the Purchase Order/Contract. TRO will be responsible for the execution of the Purchase Order/Contract and will be the single point of contact for technical details. The CPP-IPR TRO/Project Manager is the lead responsible official unless otherwise stated herein.

2.45 TERMINATION OF PURCHASE ORDER/CONTRACT FOR INSOLVENCY



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If the supplier becomes bankrupt or otherwise insolvent or goes into liquidation, the Purchaser may, at any time, terminate the Purchase order/Contract, by giving written notice to the supplier, without compensation to the supplier provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the Purchaser.

2.45.1 TERMINATION OF PURCHASE ORDER/CONTRACT FOR CONVENIENCE

After placement of Purchase Order/Contract, there may be some unforeseen situation compelling the Purchaser to cancel the Purchase Order/Contract. In such case, the Purchaser is to send a suitable notice to the supplier for cancellation of the Purchase order/Contract, in whole or in part, for its (Purchaser’s) convenience, inter alia, indicating the date with effect from which the termination is to become effective. Depending on the merits of the case, the Purchaser suitably compensates the Supplier on mutually agreed terms for terminating the Purchase Order/Contract.

2.46 AMENDMENTS:

Any amendment to the Purchase Order/Contract which may be necessary will be a result of a mutual agreement between the Parties. It will be established within a reasonable time in the form of an amendment to the Purchase Order/Contract, to be signed by both the Parties.

2.47 SETTLEMENT OF DISPUTES:

Both the parties will try to resolve all the disputes during execution of this tender through negotiations and mutual understanding.

2.48 ARBITRATION:

In the event of any dispute or difference arising under this Purchase Order/Contract, the matter shall be referred to the Arbitrators one each nominated by the Purchaser and Supplier/Contractor from their respective organizations. In case the said Arbitrators are not able to settle the dispute by themselves, the matter shall be referred to the Arbitrator mutually nominated by the Purchaser and the Supplier/Contractor and whose decision will be final and binding on both the parties. The venue of arbitration will be CPP-IPR. Subject to as aforesaid the Arbitration Act, 1996 and the rules there under and any statutory modification thereof for the time being in force shall be deemed to apply to the Arbitration proceedings under this Purchase Order/Contract.

2.49 JURISDICTION:

The Courts, Assam India only shall have exclusive jurisdiction to deal with and decide any legal or dispute arising out of the purchase order/contract.

2.50 PRECEDENCE:

In case of conflict, decision of the CPP-IPR shall have precedence over this tender.



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2.51 FORCE MAJEURE:

Force Majeure is herein defined as any cause which is beyond the control of the Supplier/Contractor or the Purchaser, as the case may be which they could not foresee or with a reasonable amount of diligence could not have foreseen and which substantially affects the performance of the Purchase Order/Contract, such as:-

(i) Natural Phenomena, including but not limited to floods, droughts, earthquakes, and epidemics.

(ii) Acts of any Government, domestic or foreign including but not limited to war-declared or undeclared, priorities, quarantines, embargoes.

(iii) Other Phenomena including but not limited to hostilities riots, civil commotion and declared lock-out in Supplier/Contractor’s works.

(iv) Provided that Parties shall not be liable for delays in performing its obligations resulting from any Force Majeure causes as referred to/or defined above. The date of completion will subject to hereinafter provided, be extended by reasonable time even though such cause may occur after supplier/contractors performance of his obligations has been delayed for other cause. However, the Supplier/Contractor is not entitled to increase in statutory levies that have come into force during the extended delivery period.

2.52 LANGUAGE AND MEASUREMENT:

All documents pertaining to the Purchase Order/ Contract including specifications schedule notices, correspondence operating and maintenance instructions/manual drawing or any other writing shall be written only in English language. The metric system of measurement shall be used exclusively in the Purchase Order/Contract.

2.53 EXERCISING THE RIGHTS AND POWERS OF THE PURCHASER:

All the rights, discretion and powers of the Purchaser under the Purchase Order/Contract shall be exercised by the Purchaser through written communications which shall be given by the Centre Director or other officers authorized by him for and on behalf of the Purchaser.

2.54 INDEMNITY:

The Supplier/Contractor shall warrant and be deemed to have warranted that all Substations/ITEMS, supplied against the Purchase Order/Contract are free and clean of infringement of any patent, copy right or trade mark and shall at all times indemnity the Purchaser against all claims which may be made in respect of the Substations/ITEMS of infringement of any right protected by Patent, Registration of design or Trade Mark and shall risk of accidents or damage which may cause a failure of the supply from whatever cause arising and the entire responsibility for the sufficiency of all the means used by him for the fulfillment of the Purchase Order/Contract.

2.55 ASSIGNMENT:

This Purchase Order/Contract shall ensure to the benefit of and be binding upon the successors and assigns of the parties hereto. It will not be assigned in whole or in part by either party without prior written consent of the other. If the Supplier/Contractor becomes insolvent or goes into bankruptcy or is caused to be wound up, except for reconstruction purposes or carries on its business under a Receiver, the representatives in law of the estate of the



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Supplier/Contractor or any such receiver, Liquidator or any person in whom the Purchase Order/Contract may be vested shall forthwith give notice thereof in writing to the Purchaser and shall remain liable for the successful performance of the Purchase Order/Contract and nothing aforesaid shall be deemed to relieve the Supplier/Contractor or the successors of their obligations under the Purchase Order/Contract under any circumstances.

2.56 APPLICABLE LAW: The Purchase Order/Contract shall be interpreted, construed and

governed by the laws of India.

2.57 PERMITS AND LICENSES:

The Supplier/Contractor shall secure and pay for all permits and license which he may require to comply with in respect of all laws, ordinances and regulations of the Government or Public Authorities in connection with the performance of his obligations under the Purchase Order/Contract. The Supplier/Contractor shall be responsible for all damages and shall indemnify and save the Purchaser harmless from and against all claims for damages and liability which may arise due to his failure to comply with what is stated above.

2.58 PUBLICITY:

No publicity of any kind whatsoever regarding the Purchase Order/Contract shall be given by the Supplier/Contractor without prior written permission of the Purchaser.

2.59 SECRECY:

a. All information, drawings, designs and specifications imparted to the Supplier/Contractor shall, at all times, remain the absolute property of the Purchaser, the Supplier/Contractor shall not use them for purposes other than for which they are provided for and shall treat all these documents as confidential. These shall not be reproduced in whole or in part for any other purpose.

b. The Supplier/Contractor shall use his best endeavors to ensure that such information are not divulged to third parties except where needed for the performance of the Purchase Order/Contract by the Supplier/Contractor with the prior consent of the Purchaser. In such cases, the Supplier/Contractor shall ensure and obtain similar obligation of confidence, from third parties in question.

2.60 TITLE TO THE SUBSTATIONS/ITEMS:

In addition to other remedies under the law and the Purchase Order/Contract, the Purchaser shall be the owner of each consignment in respect of which 90% (ninety percent) percent of the Purchase Order/Contract price has been paid, to secure refund of such amount in the event the same becomes refundable under the terms of the Purchase Order/Contract or under the law and to secure payment of any dues under other Purchase Order/Contract or under the law, The responsibility for safe and proper storage, replacement of defective or lost Substations/ITEMS and erection of the Substations/ITEMS prior to its acceptance by the Purchaser shall always remain with the Supplier/Contractor.



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2.61 TRAINING:

The Supplier/Contractor shall, if required by the Purchaser, provide facilities for the practical training of Purchaser's engineering or technical personnel for their active association on the manufacturing processes throughout the manufacturing period of the Substations/ITEMS, number of such personnel to be mutually agreed upon. If demanded by the Purchaser, such training shall be conducted at Purchaser’s site by the Supplier/Contractor free of charge. The duration of training shall be mutually decided upon by the Purchaser and the Supplier/Contractor.

2.62 OPERATION / INSTRUCTION MANUAL:

Where operation/instruction manual is essential to enable the Purchaser to put the Substations/ITEMS to proper use, the Supplier/Contractor shall furnish such operation/instruction manual along with the Substations/ITEMS in duplicate or the quantity required by the Purchaser.

2.63 SITE CLEARANCE:

The Contractor will be fully responsible to clear the site after commissioning of all the Substations and accessories. Final Payment mentioned in clause No. 2.31.2 (5) will be released only after satisfactory clearance of the site.

2.64 AFTER SALES SERVICES (DURING GUARANTEE PERIOD):

After Sales Service will be carried out by the Contractor free of charge during the guarantee period. Any delay on the part of the Contractor which would have been avoided by the Contractor according to the views of the Purchaser, in providing effective after sales services will be treated as a breach of Contract.

2.65 SECURITY DEPOSIT:

a. Within twenty d a y s from the date of issue of Purchase Order/Contract by the Purchaser, the Supplier/ Contractor shall submit a Bank Guarantee equal to 10% o f t h e P u r c h a s e Order/ Contract value, as “Security Deposit” towards e x e c u t i o n and performance of the Purchase Order/Contract on non-judicial stamp paper of appropriate value.

b. The Security Deposit shall be submitted in the form of Bank Guarantee issued by a State Bank of India (SBI) or any Nationalized Bank or from any one of banks mentioned in bracket (ICICI, IDBI, HDFC & AXIS) as per the bank guarantee format given in Annexure – A.

c. The Bank Guarantee shall remain valid till the expiry of (60) sixty days from the date of the Final Acceptance of the Substations/ITEMS ordered. If need arises, the Supplier/Contractor shall extend the validity of the Bank Guarantee for suitable period at his expenses.

d. If the Supplier/Contractor fails to provide the Security Deposit as stated hereinabove, within 20 days from the date of issue of Purchase order/Contract, such failure shall



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constitute a breach of Purchase Order/Contract and the Purchaser shall be entitled to cancel the Purchase Order/Contract and make alternate arrangements for the purchase of the S u b s t a t i o n s / ITEMS contracted from other sources at the risk and expenses of the Su p p l i er / Contractor and recover from the Supplier/Contractor the damages arising from such cancellation.

e. In the event, the S u p p l i e r / Contractor fails to fulfil the obligations under the P u r c h a s e O r d e r / Contract; the Purchaser shall have the right to encash the Security Deposit.

f. Where the Supplier/Contractor fails to maintain the Contractual delivery date, the Supplier/Contractor shall extend the validity of Bank Guarantee(s) suitably to cover the extended/expected delivery date, failing which, the Purchaser shall have the right to invoke the Bank Guarantee(s) without prejudice to the terms and conditions of the Purchase Order/Contract.

g. Upon satisfactory execution of the Purchase Order/Contract, the original Bank Guarantee shall be returned to the S u p p l i e r / Contractor without any interest on receipt of a request from the Supplier/Contractor.

2.66 PERFORMANCE BANK GUARANTEE:

The Contractor/Supplier will have to furnish to the Purchaser (CPP-IPR) an interest free Performance B ank G uarantee (PBG) for 10% of the total P u r c h a s e O rder value/Contract value by way of providing a Bank Guarantee from a State Bank of India or any Nationalized Bank or from any one of the banks mentioned in bracket (ICICI, IDBI, HDFC & AXIS) on a non-judicial stamp paper of appropriate value for the satisfactory performance of the Substations/Items supplied against the Purchase Order/Contract. The PBG will be effective from the date of final acceptance and shall remain in force two months beyond the warranty period mentioned in the Purchase Order/Contract. In the event that the Bank Guarantee needs extension, the Su p p l ie r/ Contractor shall extend the validity of PBG for suitable period at his expenses. On the performance and completion of all contractual obligations, the original PBG shall be returned to the Supplier/Contractor without any interest on receipt of a request from the Supplier/Contractor. The performance bank guarantee format is given in Annexure – C.

2.67 SIGNING OF CONTRACT

The Contract shall be signed by authorized representatives of Contractor and Purchaser on non-judicial stamp paper of appropriate value.

2.68 COMING INTO FORCE (EFFECT OF CONTRACT)

The Contract shall come into force from the date of LoI.

2.69 COMPLIANCE WITH LAWS, RULES AND SATUTORY REGULATIONS/OBLIGATIONS

The Contractor shall be fully responsible to comply with laws, rules and regulations in respect

of workmen engaged by him. The Contractor shall be fully responsible for the safety of

workmen employed by him on work including purchaser`s site in connection with the



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erection and commissioning of the 33 kV outdoor substation, with all the equipment

necessary and all other items covered in this tender in all respects. The Contractor should

insure all the workmen engaged by him for work at Purchaser's site. The Contractor will

also be fully responsible for payment of wages and perks to workmen engaged for

executing the job. The Contractor should also comply with the local laws, rules, regulations

and statutory obligations.

2.70 BIDDER’S CONFIRMATION LETTER:

Bidder will attach a confirmation letter (draft given below) with PART-A of the bid.

“This is to confirm that we have studied all documents and specifications of Tender Notice for

“Design, detailed engineering, factory-inspection, supply, unloading, handling at site, erection,

integration, site testing, pre-commissioning, integrated commissioning of the 33 kV outdoor

substation, 2.5 MVA, 33 kV/433 V Step-down transformer, 415 V LT Power Distribution Panel

with all the equipment necessary” (Tender No.: ENQ/CPP-IPR/2015-16, dated:14/05.2015).

We also hereby confirm that our Price Bid is in-line with the terms and conditions and

technical specifications given in this tender and all the terms and conditions of this tender are

acceptable to us.”

Place: Signature Date: Name of Signatory: Name of Company: Official Seal:



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ANNEXURE – A

BANK GUARANTEE (SECURITY DEPOSIT)

(On non-judicial stamp paper of appropriate value)

THIS DEED OF GURANTEE MADE AT this day of between having its registered office at and one of its branches at _ (hereinafter called “the Bank” which expression shall mean and include the said and its successors and assigns) of the one part AND CPP-IPR, Nazirakhat, Sonapur, Kamrup-782402 (hereinafter called “the purchaser” which expression shall mean and include the said CPP-IPR, Nazirakhat, Sonapur, Kamrup-782402 and its successors and assigns) of the other part. WHEREAS (hereinafter called “the contractor/Supplier”) having its registered office at have entered into a Contract having order / contract value of Rs. (Rupees ) with the purchaser being Purchase order / Contract No. dated for in accordance with the terms, specifications and conditions contained therein.

AND WHEREAS under the terms o f the aforesaid order/contract, the contractor/Supplier is to furnish to the Purchaser a Bank guarantee for an amount of Rs. (Rupees ) being 10% of the total value of the purchase order/contract by way of security for fu lf i l lment of the Contractual obligations on the part of the Contractor/Supplier thereunder. AND WHEREAS the Contractor/Supplier has requested the Bank to guarantee the due payment of the aforesaid amount by the contractor/supplier to the purchaser in case the contractor/supplier fails to fulfill any of the aforesaid contractual obligations.

NOW THIS DEED WITNESSES AS FOLLOWS:

1. The Ba n k hereby agrees unequivocally and unconditionally to pay within 48 hours,

on demand, in writing from the purchaser or any officer authorized by it in this behalf and without demur, any amount upto and not exceeding Rs.



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(Rupees____ ____________________________) to the Purchaser on behalf of the Contractor/Supplier.

2. This guarantee is valid and binding upon the Bank till final acceptance of the ordered

item/s by the Purchaser and fulfillment of all the contractual obligations to the satisfaction of the Purchaser and shall not be terminable or affected by notice of any change in this constitution of the Bank or of the firm of Contractor or on account of any reason whatsoever.

1. The liability of the Bank hereunder shall not be impaired or discharged by any

extension of time or variations or alterations made or conceded or agreed within or without the knowledge or consent of the Bank or by or between the parties to the said Purchase order.

4. The liability of the Bank under this deed is restricted to the

sum of Rs. (Rupees ) and same shall remain in force till final acceptance of the ordered item/s covered in the Purchase order (two months beyond final acceptance date). In case any further extension of the present guarantee is required the same shall be granted on receiving instructions in writing there for from the contractor/supplier on whose behalf this guarantee is issued.

5. Unless proceeding for enforcing this guarantee is commenced against

the Bank within two months from the expiry of the aforesaid period or such extended period or periods a s aforesaid all the rights of the P u r c h a s e r u n d e r this g u a r a n t e e shall be extinguished and the Bank shall be relieved and discharged from all liabilities hereunder.

6. The neglect or forbearance of the Purchaser in enforcement of any of its rights

under the aforesaid purchase order a g a i n s t t h e contractor/supplier shall in no way relieve the Bank of its liability under this deed.

In witness whereof, we the have

executed this. This the day of 20__.

For _________________________

(Indicate the name of bank with Postal address, Fax Number & email address)

Witnesses: (1) (2)



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ANNEXURE – B

BANK GUARANTEE (ADVANCE PAYMENT)


BANK GUARANTEE NO._______________________ DATE:__________________

1. WHEREAS on or about the _______ day of ________ M/s__________________________________, a company registered under the companies act and having its registered office at _________________________ (hereinafter referred to as “the Contractor/Supplier”) entered into an Agreement/Contract/Purchase Order bearing No. _________ date_______ with CPP-IPR, Nazirakhat, Sonapur, Assam-782402, India (hereinafter referred to as "The Purchaser") for the supply of ___________________ (hereinafter referred to as “the Equipment”).

2. AND WHEREAS under the terms and conditions of the contract an amount of Rs. ______ (Rupees _________________only) representing _____ percent advance payment out of the contract value of Rs._________ (Rupees __________________ only) is to be paid by the Purchaser.

3. AND WHEREAS CPP-IPR has agreed in pursuance of the said terms and conditions of the contract to make an advance payment of Rs. ________ (Rupees _________________ only) to the contractor on the Contractor furnishing a Bank Guarantee in the manner herein contained.

4. NOW WE, _____________ (Name and Address of the Bank) in consideration of the Purchaser having agreed to pay to the Contractor an advance payment of Rs. ______ (Rupees ____________Only) do hereby agree and undertake to indemnify the Purchaser and keep the Purchaser indemnified to the extent of a sum not exceeding the said sum of Rs. ______ (Rupees ____________Only) against any damage or loss that may be suffered by the Purchaser by reason of non-fulfillment of any of the terms and conditions of the contract by the Contractor.

5. WE, __________________(Bank) do hereby undertake to pay the amount due and payable under this guarantee without any demur merely on a demand from the Purchaser stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the Purchaser by reason of breach by the said Contractor(s) of any of the terms and conditions contained in the said Agreement/Contract/Purchase Order or by reason of the Contractor(s)’s failure to perform the said Agreement/Contract/Purchase Order. Any such demand made on the bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs. ______ (Rupees ____________Only).

6. WE, _______________(Bank) undertake to pay to the Purchaser any money so demanded notwithstanding any dispute or disputes raised by the Contractor(s) in any suit or



Page 32 of 36

proceeding pending before any Court or Tribunal relating thereto our liability under this present guarantee being absolute an unequivocal. The payment so made by us under this bond shall be a valid discharge of our liability for payment thereunder and the Contractor(s) shall have no claim against us.

7. AND WE, ___________(Bank) hereby further agree that the decision of the said Project Director, CPP-IPR as to whether the Contractor has committed breach of any such terms and conditions of the contract or not and as to amount of damage or loss assessed by the said Project Director as damage or loss suffered by the Purchaser/CPP-IPR on account of such breach would be final and binding on us.

8. WE________________(Bank) further agree with the Purchaser that the Purchaser shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement/Contract/Purchase Order or to extend time of performance by the said Contractor(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the Purchaser against the said Contractor(s) and to forbear or enforce any of the terms and conditions relating to the said Agreement/Contract/Purchase Order and we shall not be relieved from our liability by reason of any such variation or extension being granted to the said Contractor(s) or for any forbearance, act or commission on the part of the Purchaser or any indulgence by the Purchaser to the said Contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have the effect of relieving us.

9. THIS GUARANTEE will not be discharged due to the change in the constitution of the Bank or the Contractor(s).

10. OUR GUARANTEE shall remain in force until___________ (two months beyond the contract completion date) and unless a claim under the guarantee is lodged on or before the above date, all rights of Purchaser under the guarantee shall be forfeited and we shall be relieved and discharged from all liabilities thereunder.

In witness whereof, we the __________________________have executed this. Dated the _____day of _______20___. For ______________________________ (Indicate the name of bank with Postal address, Fax Number & email address) Witnesses: (1) (2)



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ANNEXURE – C

PERFORMANCE BANK GUARANTEE


BANK GUARANTEE NO. DATE: 1. WHEREAS on or about the_____ day of _______ 20___ M/s__________________________, a

company registered under the Companies and having its registered office at

_________________________ (hereinafter referred to as “the Contractor/Supplier”) entered into an

Agreement/Contract/Purchase Order bearing No. _________dated_______ (hereinafter referred to as

“The Contract”) with CPP-IPR , nazirakhat, Sonapur, Kamrup (M)-782402 (hereinafter referred to as "The

Purchaser") for the supply of ___________________ (hereinafter referred to as “the Equipment”).

2. AND WHEREAS under the terms and conditions of the contract an amount of Rs. ______

(Rupees _________________only) representing balance _____ percent payment out of the total value of

the contract of Rs._________ (Rupees __________________ only) is to be paid to the Contractor on the

final acceptance of the equipment and on the Contractor furnishing a bank guarantee in a manner herein

contained towards satisfactory performance of the equipment during warranty period, viz._______

months from the date of final acceptance/commissioning of the said equipment or ______ months from

the date of despatch of the last lot of consignment whichever is earlier (Specify as per warranty clause in

the Order).

3. NOW WE, _____________ (Name and Address of the Bank) in consideration of the promises and

the payment of said sum of Rs. ______ (Rupees ____________Only) by the Purchaser to the Contractor

do hereby agree and undertake to pay to the Purchaser the amount due and payable under the

guarantee without any demur, merely on a demand from the Purchaser stating that the amount claimed

is due by way of loss or damage caused to or suffered by the Purchaser by reason of unsatisfactory

performance of the equipment during the warranty period. Any such demand made on the bank shall be

conclusive as regards the amount due and payable by the bank under this guarantee. However, our

liability under this guarantee shall be restricted to an amount no exceeding Rs.______

(Rupees_________________ only).

4. WE, _______________(Bank) undertake to pay to CPP-IPR any money so demanded

notwithstanding any dispute or disputes raised by the Contractor(s), in any suit or proceeding pending



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before any Court or Tribunal relating thereto, our liability under this present guarantee bond being

absolute and unequivocal. The payment so made by us under this bond shall be a valid discharge of our

liability for payment thereunder and the Contractor(s) shall have no claim against us for making such

payment.

5. WE, ___________(Bank) hereby further agree that the decision of the Centre Director, CPP-IPR as

to whether the said equipment is giving satisfactory performance or not during the warranty period and

as to the amount of damages suffered by the Purchaser on account of the unsatisfactory performance of

the said equipment shall be final and binding on us.

6. AND WE, the__________(Bank) do hereby agree that our liability hereunder shall not be

discharged by virtue of any Agreement/Contract/Purchase Order between the Purchaser and the

Contractor whether with or without our knowledge and/or consent or by reason of the Purchaser

showing any indulgence or forbearance to the Contractor whether as to payment, time for performance,

or any other matter whatsoever relating to the contract which but for this provision would amount to

discharge of the surety under the law.

7. THIS GUARANTEE will not be discharged due to the change in the constitution of the Bank or the

Contractor(s).

8. OUR GUARANTEE shall remain in force until___________(two months beyond the contract

warranty period) and unless a claim under the guarantee is lodged with us on or before the above date,

all rights of the Purchaser under the guarantee shall be forfeited and we shall be relieved and discharged

from all our liabilities thereunder.

In witness whereof, we the __________________________have executed this.

Dated the _____day of _______20___.

For ______________________________

(Indicate the name of bank with Postal address, Fax

Number & email address)

Witnesses: (1)

(2)



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ANNEXURE – D

CHECK LIST OF THE DOCUMENTS TO BE SUBMITTED WITH BID

Documents to be put in envelopes for Part-A:

Sr. No. Documents Tick Marked

by the bidder

1. Documentary proof against fulfillment of Eligibility Criteria

2. Bidder’s technical bid and

3. Bidder’s Confirmation letter as per specimen given in clause no. 2.70

4. Tender Fee (in the form of Demand Draft)

5. Earnest Money Deposit (in the form of Demand Draft)

6. List of customers for similar kind of Substations supplied/work executed

7. Acceptance Test Procedure (ATP) for the Substations

8. Packing & Transportation scheme to avoid any damage during transit.

9 List of Deviations/Exclusions, if any against the technical specifications/terms and conditions of the tender

Documents to be put in envelop for Part-B:

Sr. No. Document Tick Marked

by the bidder

1 Price Bid in given format (PART-B).

Place:

Date: Name and Signature of the Bidder Official Seal



Page 36 of 36

ANNEXURE-E

ROADMAP FOR FINALIZATION OF THE CONTRACT:

Following roadmap will be followed for finalization of the Contract.

(a) Tender Notice will be published in the National News Papers for all the bidders

(b) Bidder will submit the bid in two parts (in duplicate), Part-A [Part-A(i) General Terms and Conditions and Part-A (ii) Technical bid] and Part-B (Price Bid) with all necessary supporting documents as required.

(c) Purchase Committee (PC)/any other committee duly constituted by a competent authority of CPP-IPR shall evaluate the offers.

(d) The Committee will hold discussions with bidders for technical and commercial bid (Part-A of bid) and terms and conditions, if required.

(e) CPP-IPR will carry out the techno-commercial evaluation of the bids (Par t - A) based on discussion and submitted documents.

(f) The Committee will short list the bidders based on submitted documents, discussions and technical evaluation.

(g) The Committee will hold techno-commercial discussions with short listed bidders, if required.

(h) The Committee will send list of technical and commercial clarifications etc., to these short listed bidders. Committee may ask the bidders to revise their price bid, if required. However, revision of the price bid will be limited to the part of the bid affected due to c h a n g e , i f p r o p o s e d / a g r e e d b y P u r c h a s e r

(i) Price bid (Part-B of bid) of only these short listed bidders will be opened.

(j) The committee may hold negotiations with short listed bidders for price

bid, terms of Contract, etc.

(k) The Committee will give its recommendations to t h e competent

authority of CPP-IPR for placing the Contract.