TANGEDCO SPECIFICATION NO : E 1096/ Description of material : Supply of Fibre Reinforced Plastic L.T. Open type 4 way Pillar boxes

Transcription

1 TANGEDCO SPECIFICATION NO : E 1096/ Description of material : Supply of Fibre Reinforced Plastic L.T. Open type 4 way Pillar boxes 2. Last date for sale of tender : Hrs on specification 3. Due date and time of submission of sample : Hrs on Due date and time for receipt of tender : Hrs on Due date and time of opening of tender : Hrs on If the due date for the tender happens to be a declared holiday, then the tenders will be received and opened on the next working day, except on Saturdays without any change in timings. 5. Earnest Money Deposit : Rs 1,96,000/- 6. Method of submission of tender : Two part Tender system 7. Required number of tender copies : Two 8. Cost of tender specification : Rs.10,000/- Additional amount of Rs 100/- to be paid if the tender document is required by post (both inside & outside) NOTE: The Tender documents are available in the TANGEDCO web site ( and Tamil Nadu Government web site ( the prospective bidders may get the specification by down loading from above web site at free of cost. SD/- CHIEF ENGINEER / DISTRIBUTION CHENNAI NORTH. REGION 1

2 SPECIFICATION NO. E 1096/13-14 INDEX SECTION I - EARNEST MONEY DEPOSIT SECTION II - BID QUALIFICATION REQUIREMENT SECTION III - REJECTION OF TENDERS SECTION IV - INSTRUCTION TO TENDERERS SECTION V - COMMERCIAL TERMS SECTION VI - TECHNICAL SCHEDULE A - SCHEDULE OF PRICES SCHEDULE B - DEVIATION FROM TECHNICAL SPECIFICATION SCHEDULE C - DEVIATION FROM COMMERCIAL SPECIFICATION SCHEDULE D - STATEMENT OF SUPPLY ORDERS EXECUTED /UNDER EXECUTION DURING THE PAST THREE YEARS AS ON DATE OF TENDER SCHEDULE E - GUARANTEED TECHNICAL PARTICULARS SCHEDULE F - DECLARATION FORM SCHEDULE G - UNDERTAKING IN LIEU OF EMD SCHEDULE F - UNDERTAKING TOWARDES JURISDICTION FOR LEGAL PROCEEDINGS. 2

3 SECTION-I EARNEST MONEY DEPOSIT (EMD) 1. Tenderer should pay the specified amount towards Earnest Money Deposit, as follows. EMD: Rs. 1,96,000/- (Rupees one lakh ninty six thousand only) 2. The Earnest Money specified above should be A DEMAND DRAFT / BANKER S CHEQUE for the above amount, from any of the Nationalised / Scheduled / Foreign Banks with branches in India payable to The Superintending Engineer Chennai EDC / North. 144,Anna Salai, Chennai The Earnest Money will not carry interest. 4. The Earnest Money Deposit will be refunded to the unsuccessful tenderer on application to the Chief Engineer / Distribution / Chennai North Region after intimation of the rejection/non acceptance of their tender is sent to them. 5. Cheques will not be accepted towards Earnest Money Deposit and the tender shall be rejected if EMD is not paid in the prescribed manner. 6.1 Firms who have a valid ( not forfeited or a request had been made as on the date of tender opening) Permanent Earnest Money Deposit of Rs.10,00,000/- ( Rupees Ten Lakhs only) with the Superintending Engineer/ CEDC/Central, TANGEDCO LTD are exempted from payment of Earnest Money Deposit. 6.2 The Permanent EMD holders of TANGEDCO at Head Quarters are exempted to pay the EMD. 6.3 Firms who have Permanent Earnest Money Deposit less than the amount specified for participation in this tender above are not eligible to participate on the basis of the PEMD deposited by them even for lesser quantity and value. 6.4 If the Tenderer desires to become a Permanent E.M.D. holder, he is advised to deposit the required amount of EMD with the Chennai North Region as Permanent EMD well in advance and to obtain a certificate from the Superintending Engineer/ CEDC/ Central / TANGEDCO LTD and enclose the copy of the same along with the Tender offer as stipulated above. 7. The Small Scale Industrial units located within the State and Registered with the Tamil Nadu Small Industries Development Corporation or the National Small Industries Corporation (NSIC) or holding Acknowledgement issued for Entrepreneur Memorandum Part II obtained from District Industries Centre in respect of those items for which the Registration Certificate/Acknowledgement has been issued. Departments of the Government of Tamil Nadu and Undertakings and Corporation s owned by the Government of Tamil Nadu, Labour 3

4 Contract Co-operative Societies, Tiny Industries classified under SSI registered with the state of Tamil Nadu and Registration Certificate issued by Department of Industries and Commerce / Government of Tamil Nadu, Small Scale Industrial units located outside the State and such of those units registered with National Small Industries Corporation in respect of the items manufactured by them are the only categories of institutions / industries exempted from the payment of Earnest Money Deposit. 8. Those Tenderers who are exempted from payment of E.M.D. shall furnish in lieu of EMD an undertaking in a non judicial stamp paper of value not less than Rs (Rupees eighty only) to the effect to pay as penalty an amount equivalent to EMD or an amount equal to the actual loss incurred whichever is less in the event of non-fulfillment or non observance of any of the conditions stipulated in the contract consequent to such breach of contract.the State Government, Public Sector undertaking who are exempted from payment of EMD should also pay as penalty an amount equivalent to the amount fixed as security deposit in the event of non-fulfillment or non observance of any of the conditions stipulated in the contract. TENDERS RECEIVED WITHOUT THIS UNDERTAKING WILL NOT BE OPENED. 9. Small Scale Industries shall enclose Photostat copy of their Registration Certificate duly attested by a Gazetted officer showing the subject materials specifying capacity which they are permitted to manufacture and the period of validity of the certificate along with the audited attested copy of Profit and Loss Account, Balance sheet as proof of eligibility for exemption from payment of EMD in a sealed outer envelope or in the envelope A as specified in clause The tenderers shall necessarily furnish the proof of exemption in complete shape which includes attested SSI/NSIC certificate, undertaking in lieu of EMD and attested copy of audited profit and loss account and Balance sheet for verification of Plant & Machinery investments to claim exemption from payment of EMD. 11. Others viz Central, other State Government Departments, Undertakings, TANGEDCOs other than Tamilnadu shall have to pay Earnest Money Deposit and Security Deposit. 12. Those tenderers who are exempted from payment of E.M.D. shall enclose Photostat copy of their NSIC Certificate or Entrepreneur Memorandum Part- II and acknowledgement issued by District Industries Centers concerned for the Entrepreneur Memorandum Part-II along with the list of materials manufactured, duly attested by a Gazetted officer showing the subject materials with capacity which they are permitted to manufacture and the period of validity of the certificate as proof of eligibility for exemption from payment of EMD. On any account the Entrepreneur Memorandum Part-I and acknowledgement obtained for Part-I shall not be considered for extending exemption from paying Earnest Money Deposit. 4

5 13. The tenderers who are exempted from the payment of EMD shall enclose the audited attested copy of profit and Loss Account, Balance sheet along with the proof for exemption from payment of EMD in order to ensure the SSI status based on the investment held in plant machinery for extending exemption from paying EMD. In case the investment held by the tenderer in plant and machinery as per their financial statements of Accounts exceeds Rs. 5 Crores, the SSI status of the tenderer will be verified from the General Manager, District Industries Centre concerned. Till receipt of the confirmation from the General Manager, District Industries Centre, the exemption from paying EMD will not be extended. 14. If on opening the outer cover, it is found that the Demand Draft / Bankers Cheque/ proof of exemption of EMD in complete shape i.e Undertaking, SSI Registration Certificate and Profit and Loss account and Balance sheet has not been attached to the inner Tender cover or in the envelope A; then their Tender offer will be summarily rejected without opening. 15. The Earnest Money Deposit made by the Tenderer will be forfeited if:- a. he withdraws his tender or backs out after acceptance. b. he withdraws his tender before the expiry of validity of the offer, the period specified in the Specification, or fails to remit the Security Deposit. c. he violates any of the provisions of these regulations contained herein. d. he revises any of the terms quoted during the validity period. e. the documents furnished with the offer being found to be bogus or the documents contain false particulars. 5

6 SECTION II BID QUALIFICATION REQUIREMENTS ( B Q R ) The BIDDERS shall become eligible to bid, on satisfying the following" Bid qualification Requirements" and on production of the required documentary evidences along with the Tender. 1) Tenderers shall be the Manufacturer of the tendered material. 2) Bidders should have manufactured and supplied 4 way or higher rating of M.S./FRP Pillar Boxes to TNEB or any other SEBs /Power Utilities in India in the Last 3 years. Documentary evidence for having supplied this quantity should be furnished along with the offer. 3) Pillar Box outer shells should be made out of Hot Pressed compressor moulded sheet moulding compound (SMC) material confirming to IS The shell manufactures type test certificate confirming to IS should be submitted along with the offer. 4) Annual turnover of the tenderer shall be more than Rs.49 Lakhs during any one of the last three years (ie , , ). Proof for the same should be enclosed in the tender (i.e) attested copy of Balance sheet/ profit & loss statement/ NSIC/STCC/Income Tax return filed by the bidder etc.,. The experience as the main contractor/supplier shall only be considered for satisfying the experience criteria specified above. The experience as a sub contractor/supplier shall not be considered for qualifying the experience criteria specified above and the offer of such tenderers shall be summarily rejected. The offers of Tenderers who have not enclosed the required copies of documents and not satisfying above BQR will be summarily rejected. SD/- CHIEF ENGINEER/DISTRIBUTION CHENNAI NORTH REGION. 6

7 SECTION III REJECTION OF TENDERS: 1.0 Tenders will be SUMMARILY REJECTED if, a) The EMD requirements are not complied with. b) The documentary evidences in support of BQR not furnished along with tender. c) Not satisfying Bid Qualification Requirements. d) Tenders received without samples 2.0 Tender is liable to be rejected if it is: (a) not covering the supply of equipments/ materials with all accessories (b) with validity period less than that specified in this specification (c). not in conformity with TANGEDCO's Commercial terms and Technical Specification Section V and VI) (d) not signed properly by the tenderer (e) received from consortium of SSI units. (f) Received after the due date and time (g) received from the tenderer who is directly or indirectly connected with Government service or TANGEDCO service or services of Local authority from those who have not purchased the copy of the specification (h) from any black listed firm. (i) from a tenderer whose past performance/ vendor rating is not satisfactory (j) offer received by Telex /Telegram / E Mail /Fax. (k) not containing all the required particulars as per schedules A to G 3. In the event of the documents furnished with the offer being found to be bogus or the documents contain false particulars, the EMD paid by the tenderers will be forfeited in addition to blacklisting them for future tenders/ contracts in TANGEDCO 7

8 SECTION - IV INSTRUCTION TO TENDERERS 1.0 Sealed tenders in Two part System (a) Technical Bid with commercial terms but without Price Bid and (b) Price Bid, in duplicate will be received for and on behalf of TANGEDCO herein after referred as TANGEDCO so as to reach on or before the due date prescribed. All the tenders shall be prepared and submitted strictly in accordance with the Instructions set forth herein. THE TENDERERS WHO DO NOT FULFILL THE "BID QUALIFICATION REQUIREMENTS " AS PER ANNEXURE - II NEED NOT APPLY, OFFERS NOT SATISFYING THIS "BID QUALIFICATION REQUIREMENTS" WILL NOT BE CONSIDERED AND WILL BE SUMMARILY REJECTED 1.1 This tender will be processed as per the provision in the Tamil Nadu Transparency in Tender Act 1998 and Tamil Nadu Transparency in Tenders Rules SCOPE OF SUPPLY 2.1.The scope of supply of the material includes for design, manufacture, inspection, testing, packing, forwarding and delivery of the materials detailed herein, at our stores anywhere in Chennai North Region. 3.0 SUBMISSION OF TENDER OFFER 3.1The Tenderer is expected to examine all instructions and Schedules as detailed in the Specification and submit the Schedule of prices and other required particulars in the Schedules & Drawings called for in this Specification only as per the formats enclosed herewith. 4.0 TWO PARTS TENDER 4.1.The Tenders shall be in two parts as detailed below each in a separate sealed Envelope marked, ENVELOPE A" and "ENVELOPE B" The first envelope called "ENVELOPE A" shall contain a Un priced bid as per Schedules A (without price), B, C, D, E & F (i.e. Technical Bid with Commercial Terms except Price). b. Any other information called for in the specification other than price. THIS ENVELOPE "A" SHOULD NOT CONTAIN ANY PRICE BID 8

9 4.2.The second Envelope called "Envelope-B" shall contain the PRICE BID only as per "Schedule-A". 4.3 The tender documents shall be addressed to the Chief Engineer/Distribution/Chennai North Region,1 st floor,144,anna Salai, Chennai The Tender in two parts shall be prepared in duplicate and put in a separate sealed superscribed envelope (Envelope-A and Envelope-B) as instructed above. 4.5 Envelope-A, Envelope-B and the Earnest Money Deposit in approved form or proof of exemption from payment of EMD shall be enclosed in an overall envelope or in Envelope A i.e., OUTER COVER SHALL CONSIST OF i) EMD IN APPROVED FORM OR PROOF FOR EXEMPTION FROM PAYMENT OF EMD ii) Envelope A iii) Envelope B 4.6 Envelope "A" and Envelope "B" and the overall envelope should be individually sealed, superscribed with the Specification number, materials offered and due date of submission and addressed to the Chief Engineer/ Distribution/ Chennai North Region,1 st floor, 144, Anna Salai, Chennai The Tenderer should also indicate his name and full address on the cover. 4.7.The tender offers in complete shape in one envelope containing Envelope-A and Envelope - B, as required in Clause 4.3 shall be sent so as to reach the Chief Engineer/Distribution/Chennai North Region, on or before 2.00 P.M. on the due date of submission of offers. 4.8.Envelope "A" of those bidders who satisfy the requirement of Earnest Money Deposit will only be opened on the due date and time already mentioned.if any of the Bidders indicate price in Envelope-A, the bid will not be read out and will be rejected 4.9 Envelope "B" will not be opened at the time of opening Envelope "A" but will be authenticated in the covers by the officers authorised to open the bids. Envelope "B" so authenticated will be kept under the safe custody of the empowered officer, to open the tender. Envelope"B" Price Bid will be opened later, the date of which will be intimated to the tenderer at a later date, after technical evaluation of the tender is completed. 9

10 4.10.If the tenderer finds any ambiguity in any of the terms and conditions stipulated in this Specification, he shall get it clarified from the Chief Engineer/ Distribution / Chennai North Region, TANGEDCO, Electricity Avenue, 5A block, 144 Anna Salai, Chennai If this is not done and subsequent to the opening of the Tenders, it is found that the doubt, about the meaning or ambiguity in the interpretation, if any of terms and conditions stipulated in this Specification are raised by the tenderer either in this tender or by a separate letter, the interpretation or clarification issued by the Chief Engineer/Distribution/Chennai North Region, TANGEDCO, Chennai - 2, on such of those terms and conditions of the Specification as may be raised by the tenderer shall be final and binding on the tenderer All tender offers shall be prepared by typing or printing in the formats enclosed with the Specification. One original and one duplicate of the original proposal which are identical shall be submitted by each tenderer All information in the tender offer shall be in ENGLISH only. It shall not contain interlineations, erasures or over writings except as necessary to correct errors made by the tenderer. Such erasures or other changes in the tender document shall be attested by the person signing the tender offer The tender offer shall contain full information asked for, in the accompanying Schedules and elsewhere in the Specification The tenderer has the option of sending the offer by Registered Post or submitting the same in person so as to reach by the date and time indicated In case of postal delivery, tenderers are advised to send them well in advance so that they are delivered at the Office of the Chief Engineer / Distribution / Chennai North Region, Chennai - 2, before the set date and time The tenders delivered in person / courier shall be handed over to the Executive Assistant to the Chief Engineer / Distribution / Chennai North Region, 5 A Block, 144,Anna Salai, Chennai - 2, before Hrs on the due date The TANGEDCO will not be responsible for any postal or other transit delay in receipt of the tender offer Telex/Fax or telegraphic offers will not be entertained and will be rejected. 10

11 4.19. Any offer received by the purchaser after the due date and time specified for submission of tender offer will be declared late, rejected and returned unopened to the tenderer No tender offer shall be allowed to be modified subsequent to the deadline for submission of tender offers Tenderer shall bear all costs associated with the preparation and delivery of its offers, and the PURCHASER will in no case be responsible or liable for these costs No offer shall be withdrawn by the tenderer in the interval between the deadlines for submission and the expiry of the period of validity specified/extended validity of the tender offer Only manufacturers must quote. Tenders received from Agents / Dealers will not be considered The tenderers are requested to furnish the exact location of their factories with detailed postal address and Pin Code, Telephone & Fax Nos etc. in their tenders so as to arrange inspection by the TANGEDCO if considered necessary. 5.0 CLARIFICATION TO TENDER DOCUMENTS: 5.0 At any time after the issue of the tender documents and before the opening of the tender, the Tender Inviting Authority may make any changes, modifications or amendments to the tender documents and shall send intimation of such change to all those who have purchased the original tender documents. 5.1 In case any one tenderer asks for a clarification to the tender document before 48 Hrsof the opening of the tender, replies to such clarifications will be communicated to all those who have purchased the tender documents. 6.0 TENDER OPENING: 6.1. The Tender offers except Price Bid will be opened, at Hrs on the due date at the Office of the Chief Engineer / Distribution / Chennai North Region, TANGEDCO, 5A block, 144 Anna Salai, Chennai , in the presence of tenderer's authorised representatives who may wish to be present on the date of opening. 6.2 If the last date set for submission of tender offers and tender opening date happens to be a holiday, the tenders will be received and opened on the succeeding working day, except on Saturday without any change in the timings indicated. 11

12 6.3 The duly authorised representatives of the tenderers, who are present shall sign the tender opening register. 6.4 The Tenderer's names, prices, all discounts offered, and such other details, the TANGEDCO, at its discretion, may consider the appropriate and the same will be announced and recorded at the time of opening INFORMATION REQUIRED AND CLARIFICATIONS 7.1To assist in the examination, evaluation and comparison of tender offers, the TANGEDCO may, at its discretion, ask the tenderer for a clarification of his offers. All responses to requests for clarification shall be in writing to the point only. No change in the price or substance of the offer shall be permitted. 7.2 The TANGEDCO will examine the tender offers to determine whether they are complete, whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed, and whether the offers are generally in order. 7.3.Prior to the detailed evaluation, the TANGEDCO will determine the substantial responsiveness of each offer to the Biding Documents. 7.4 A substantially responsive offer is one which confirms to all the terms and conditions of the Specification without any deviation. 7.5 The Tender offers shall be deemed to be under consideration immediately after they are opened and until such time official intimation of award / rejection is made by the TANGEDCO to the tenderers. While the offers are under consideration, tenderer, and / or their representatives or other interested parties are advised to refrain from contacting by any means, the TANGEDCO and / or TANGEDCO's employees/representatives on matters related to the offers under consideration. Attempt by any tenderer to being to bear extraneous pressures on the Tender Accepting Authority shall be the sufficient reason to disqualify the tenderer. 7.6 Mere submission of any Tender offer connected with these documents and Specification shall not constitute any agreement. The tenderer shall have no cause of action or claim, against the TANGEDCO for rejection of his offer. The TANGEDCO shall always be at liberty to reject or accept any offer or offers at its sole discretion and any such action will not be called into question and the tenderer shall have no claim in that regard against the TANGEDCO. 12

13 8.0 EVALUATION AND COMPARISION OF TENDER OFFERS : 8.1 The tender offers received and accepted will be examined to determine whether they are in complete shape, all data required have been furnished, the tender offer is properly signed and the offers are generally in order and the tender offer conforms to all the terms and conditions of the specification without any deviation The offers of the bidders, who have stated to be previous supplier to TNEB/TANGEDCO will be considered for further evaluation, even though they have not enclosed copies of purchase orders or End user Certificate, etc., after ensuring with concerned purchase orders placing authorities. 8.3 For the purpose of evaluation of the tender offers, the following factors will be taken into account for arriving at the evaluated price The quoted price shall be corrected for arithmetical errors in case of discrepancy between the prices quoted in words and in figures lower of the two shall be considered The evaluated price shall include all central duties like excise duty, freight insurance, packing and forwarding charges and where all the tenderers are from within the state of Tamil Nadu or where all the tenderers are from outside the State of Tamil Nadu, the Sales Tax or VAT shall be included for the evaluation of the price and in a tender where the tenderers are both from the state of Tamil Nadu as well as from the outside state of Tamil Nadu, the TNVAT quoted shall be excluded for evaluation of price The amount of Sales Tax/TNVAT & percentage of Sales Tax/TNVAT shall be indicated in the offer On evaluation and comparison no price preference shall be extended for Domestic small Scale Industrial units and for the public sector undertakings of the Government in view of the provision for extending price preference is withdrawn in Tamil Nadu Transparency in Tender Act The bid evaluation will be done as per Tamilnadu Transparency in Tender Act 1998 and Tamilnadu Transparency in Tender Rules RIGHTS OF THE TANGEDCO: Not withstanding anything contained in this specification, the TANGEDCO reserves the right to : a) accept the lowest or any other tender. b) revise the quantities at the time of placing orders. 13

14 c) reject any or all the tenders or cancel without assigning any reasons there for. d) to split the tender quantity and place orders on one or more than one firm to meet the delivery requirements. e) recover losses if any sustained by TANGEDCO, from the supplier who place his inability to supply, and backs out of his obligation after award of contract. The Security Deposit paid shall be forfeited. f) to cancel the orders for not keeping up the delivery Schedule. g) to order either all items or few items DEVIATIONS: The tenderer shall furnish, if there are any deviations in the commercial and technical terms as per schedule B1 & B2 annexed. If no deviations are furnished it will be construed that the tenderer is accepting all terms specified in the specification. Similarly if any deviations are furnished in the specified form it will be construed that these are the only deviations and the tenderer is accepting all other terms of the specification and the offer will be taken for evaluation accordingly THE OFFERS OF THE TENDERERS WITH DEVIATIONS IN COMMERCIAL TERMS OF THE SPECIFICATION WHICH COULD NOT BE ACCEPTED WILL BE REJECTED NO ALTERNATE OFFER WILL BE ACCEPTED APPEAL: Any tenderer aggrieved by the order passed by the Tender Accepting Authority under section-10 of the Tamil Nadu Transparency in Tenders Act 1998 may prefer an appeal to Government within 10 (ten) days from the date of receipt of order BAR ON JURISDICTION: Save as otherwise provided in the Tamil Nadu Transparency in Tender Act, 1998 no order passed or proceedings taken by any officer or authority under this Act shall be called in question in any court and no injunction shall be granted by any court in respect of any action taken or to be taken by such officer or authority in pursuance of any power conferred by or under this Act. 14

15 SECTION V COMMERCIAL 1.0 PRICE: 1.1. The Tenderers are requested to quote FIRM price only. 1.2 The Tenderes shall quote the Ex-works price, Excise Duty with percentage, Packing and Forwarding, Freight and Insurance charges and sales tax/tnvat with percentage separately for prices quoted should be "Unit All inclusive price" including Excise duty and excluding Sales Tax/ TNVAT for delivery to TANGEDCO stores anywhere in Chennai Region. A format for price schedule is given in Schedule 'A'. 1.3 It is the responsibility of the tenderer to make sure about the correct rates of duty / tax leviable on the materials at the time of tendering. If the rates assumed by the Tenderers are less than the current rates prevailing at the time of tendering, the TANGEDCO will not be responsible for the mistake. 1.4 The tenderer should quote their rates taking into account the Excise duty relief available to them on account of duty paid for procurement of raw materials under CENVAT scheme. A certificate to this effect shall be furnished along with the offer. 1.5 An undertaking to the effect that if lesser prices are offered to any one else for the proposed materials during the period of one year from the date of purchase order the same benefit shall necessarily be passed on to TANGEDCO,shall be furnished in the event of placement of order. 2.0 EXCISE DUTY: 2.1 It is the responsibility of the tenderer to make sure about the correct rates of duty leviable on the materials at the time of tendering. If the rates assumed by the Tenderer are less than the current rates prevailing at the time of tendering, the TANGEDCO will not be responsible for the mistake. 2.2 Any increase in Excise duty consequent to the suppliers coming into different duty slab or due to statutory variation if any, during the execution of the contract shall have to be taken into account and the all inclusive Firm price shall be quoted according by the tenderers. Any variation in Excise duty due to statutory variation within the contract delivery date shall be considered. 2.3 For the delayed supplies received beyond the contracted date of delivery, the Excise Duty prevailing on the date of despatch or the Excise Duty applicable on the contracted delivery date whichever is less will be admitted. 15

16 2.4 Authenticated invoice containing details of Central Excise Registration No. PLA No etc, date and time of removal of goods date of entry in PLA /RG23 duty authenticated by the authorised signatory shall be preferred in support of claims for ED for the materials manufactured by the supplier. 2.5 The Tenderer who have quoted ED as Nil and in the event of placement of order on such tenderer against this specification where the value of order is above Rs.150 lakhs, such tenderer shall furnish an undertaking to the effect that the ED commitment on account of crossing the turnover slab will be discharged to the E.D. authorities and that the TANGEDCO shall not be responsible for any ED evasion by the tenderer in respect of this transaction. 2.6 In the case of tenderer who has quoted ED as Nil and in the event of placement of order against this specification and the proposed order value is less than Rs.150 Lakhs, the tenderer shall furnish an undertaking to the effect that he has not obtained any other order in the same financial year and that the TANGEDCO shall not be responsible for ED evasion if any by the tenderer in respect of this transaction. 3.1 SALES TAX 3.2 The Central Sales Tax/TNVAT will be paid extra as applicable. The amount of Central Sales Tax/TNVAT and percentage payable shall be indicated separately in the tender offer. Central Sales Tax/TNVAT is not applicable to Freight and Insurance charges. 3.2 The TANGEDCO Ltd has been registered as a dealer, under Central Sales Tax Act 1956 (Registration No ) and under TNVAT Act 2006 with TIN No As per G.O.MS No.77 dated Notification III No.II(1)/CTR/12 (R-17) /2011,the concessional rate of 5% is applicable for the goods supplied to TNEB Ltd, TANGEDCO and TANTRANSCO, used in Generation, Transmission and Distribution of Electrical Energy except Petrol, Cement & Diesel. Further, As per G.O.Ms No.77 dt Notification-IV No.II(1)/CTR/12/(R-18)/2011, the concessional rate of 5% is applicable for the sale of goods for use in the execution of turnkey projects by contractors who have entered into agreement with TNEB LTD, TANGEDCO and TANTRANSCO, subject to the condition that the dealer/purchaser obtains and furnishes a certificate in the prescribed form. The necessary certificate as per G.O shall be furnished for availing concessional rate of VAT. The C Form for the classes of goods specified for the purpose as per CST ACT shall be furnished for availing concession/nil rate of CST. 16

17 3.4 In case of delayed delivery, the Central Sales Tax / TN VAT prevailing on the date of despatch or on the last day of the contractual delivery period whichever is LESS will be admitted. For both the cases the supplier shall furnish documentary evidence while submitting the bills for payment. 3.5 Provided always, it is hereby agreed and declared that in case, where the TANGEDCO has doubt and belief that Central Sales Tax/TN VAT is not at all payable for the transaction in question, the TANGEDCO reserves the right to withhold the amount of Tax until the party produces an order of court of competent jurisdiction, declaring the liability of the transaction to Central Sales Tax/TNVAT. Concessional rate of Central Sales Tax/TN VAT if any shall be taken into account and included in the price quoted giving proof thereof. 3.6 The following certificates have to be furnished for admittance of claim of Central Sales Tax/TN VAT. i) Certified that the transaction in which the Central Sales Tax/TN VAT has been claimed and has been / will be included in the return submitted /to be submitted to the Central Sales Tax/TN VAT authorities for assessment of the Central Sales Tax/TN VAT and the amount of Central Sales Tax/TN VAT claimed from the purchaser has been /will be paid to sale tax authorities. ii) iii) Certified that the goods on which the Central Sales Tax/TNVAT has been charged have not been exempted under C.S.T. Act or TN VAT and the rules made there under and the charges on account of Central Sales Tax/TN VAT on these goods are correct, under provisions of relevant Act or rules made there under. Certified that we shall indemnify the Corporation, incase if it is found at a later date that wrong/incorrect or excess payment has been recouped on account of Central Sales Tax/TN VAT paid by us. iv) Certified that we are registered as dealer under the Central Sales Tax act and our Registration No is.. and under TNVAT Act 2006 and our Registration No. is. v) Certified that TNVAT credit availed by me has been taken into account in the rates quoted. 4.0 SECURITY DEPOSIT: 4.1. The successful tenderer will have to pay 5% of the order value as Security Deposit in the form of a) DD/ Bankers cheque / PayOrder for the value of purchase order upto Rs.10 Lakhs ( OR) b) DD/ Bankers cheque /PayOrder / irrevocable Bank Guarantee if purchase order value exceeds Rs.10 Lakhs. 17

18 4.2. The Security Deposit will be repaid to the supplier only if the contract is completed to the satisfaction of the purchaser. If the purchaser incurs any loss or damages on account of breach of any of the clauses or any other amount arising out of the contract becomes payable by the supplier to the purchaser, then the purchaser will in addition to such other dues that he shall have under the law, appropriate the whole or part of the security deposit and such amount that is appropriated will not be refunded to the supplier. 4.3 The successful tenderer will have to furnish the Security Deposit within 15 days from the date of receipt of purchase order. The security deposit will not carry any interest. The TANGEDCO also reserves the right to accept the belated payment of Security Deposit and delayed submission of Bank Guarantee towards security deposit by levying penal interest at the rate of 22% p.a. from the date of expiry of 15 days time limit till the actual payment of Security Deposit. The same will be deducted from suppliers first bill. 4.4 Failure to comply with the terms regarding security deposit set out in the purchase order within the stipulated time by the successful tenderer will result in the cancellation of the purchase order without any further reference to the suppliers. 5.0 INSURANCE Contracting firms shall arrange insurance for the equipment and all its accessories being supplied by them, through any of the Nationalised Insurance Companies. The equipment shall be insured to cover transport (from Warehouse) and 60 days storage risk at site. The damages, if any, during transit will be reported within 30 days of receipt of materials. It will b e the responsibility of the supplier to replace the defective / damaged materials and make good the shortages and other losses in transit, free of cost, lodge and recover claim from Insurance, Under- writers/carriers. 6.0 PACKING AND FORWARDING: 6.1 The equipment and all its accessories shall be securely packed and despatched, freight paid, duly insured, at supplier's risk and cost. The packing may be in accordance with the manufacturer's standard practice. The supplier is responsible for ascertaining the facilities that exist for Road Transport to site. Each package shall be clearly marked and contain detailed packing list, such as gross weight, net weight etc. the supplier is solely responsible for any loss or damage during transport. The despatch of materials shall be only after the approval of test certificates by the TANGEDCO. The Equipments/Materials shall be unloaded at destination store/ site by the supplier at free of cost. 18

19 6.2. Each consignment shall be accompanied by a detailed packing list containing the following information. a) Name of the consignee. b) Details of consignment c) Destination d) Total weight of consignment e) Handling and unpacking instructions. f) Bill of material indicating contents of each package. 6.3 The supplier shall ensure that the bill of material is approved by the purchaser before despatch. 6.4 The supplier is responsible to make sure about the facilities that exist for Road and Rail transport to site, the maximum packages which can be conveyed by the railways and crane lift available at the destination railway station. The supplier is also responsible for any loss or damage during transport and storage for 60 days. 7.0 PAYMENT 7.1 Payments will not be made for materials damaged during transit. All defective materials shall be replaced by the supplier free of cost. 7.2 Payments for the supplies will be made by the concerned Superintending Engineer / CEDC by cheque on any one of the Nationalised Banks/ Scheduled Banks approved by Reserve Bank of India, in Tamil Nadu. The Bank charges involved in making the payment will be to the account of the Tenderer. 7.3 i) For the materials delivered within contractual delivery period: 100% (hundred percent) of the all inclusive price (including Sales Tax )of the materials of each consignment will be paid within a reasonable time after receipt of materials in good condition and submission of bills with required documents after deducting recoveries, if any. ii) For the materials delivered beyond the contractual delivery period: 100% of the all inclusive price (including Sales Tax) of the materials of each consignment will be paid within a reasonable time after receipt of materials at site in good condition and submission of bills with required documents after deducting LD and other recoveries, if any. iii) For the delayed payments, if any, TANGEDCO will not pay any interest on any account. 19

20 iv) In case of delay in supply, the materials will be accepted subject to the following conditions: a) There should be no declining trend in prices. b) Payment will be released as per the latest purchase order rates or lowest rates obtained during the recent tenders opened subject to levy of liquidated damage for belated supplies. c) TANGEDCO reserves the right to accept or reject the delayed supplies without assigning any reason therefore and take action as per the other terms and conditions of this specification The bills for payment will be passed only after the approval / acceptance of the following (a) Security Deposit (b) Sales Tax Clearance Certificate (c) Test Certificate (d) Undertaking towards Jurisdiction for legal proceedings. 7.5 The supplier should despatch the materials only after getting despatch instruction from the Chief Engineer / Distribution / Chennai North Region. If the supplier despatches the materials without the prior approval of the purchaser, then the purchaser shall not be responsible for any demurrage or wharfage or both and only the supplier should bear any expenditure arising out of such unapproved despatches. 8.0 DELIVERY 8.1 The following delivery schedule is required a) 25% of the ordered quantity shall be supplied within 60 days from the date of receipt of purchase order b) Balance material shall be 25% per month thereafter If the guaranteed delivery period is not kept up, the liquidated damages will be enforced. 8.3 The TANGEDCO is at liberty to alter the delivery rate to suit its need as and when necessity arises, during the pendency of the contract FORCE MAJURE 9.1 If at any time, during the continuance of the contract, the performance in whole or in part, in any obligation under this contract, shall be prevented or delayed by reasons of any war, hostility, acts of public enemy, acts of civil commotion, strikes, lockouts, sabotages, fires, floods, explosions, epidemics, quarantine restrictions or other acts of God (herein after referred to as 20

21 eventualities) then, provided notice of the happening of any such eventuality is given by the tenderer to the TANGEDCO within 15 days from the date of occurrence thereof, neither party shall, by reasons of such eventuality, be entitled to terminate this contract nor shall any claim for damages against the other in respect of such non performance or delay in performance and deliveries under this contract, shall be resumed as soon as practicable after such eventuality has come to an end or ceased to exist. 9.2 Provided that if the performance in whole or part by the supplier on any obligation under this contract is prevented or delayed by reasons of any eventuality for a period exceeding 60 days, the TANGEDCO may at its option terminate this contract by a notice in writing LIQUIDATED DAMAGES 10.1 The delivery as specified should be guaranteed by the supplier under the liquidated damages clause given below: If the supplier fails to deliver the equipments / materials within the time specified in the contract or any extension thereof, the purchaser shall recover from the supplier as liquidated damages, a sum of half percent (0.5%) of the contract price of the undelivered equipments / materials for each completed week of delay. The total liquidated damages shall not exceed ten percent (10%) of the total contract price. Only the date of actual receipt of materials at stores will be reckoned as date of delivery for this purpose It should be noted that if a contract is placed on a higher tenderer in preference to the lowest acceptable tender in consideration of the offer of earlier delivery, the said contractor will be liable to pay the TANGEDCO the difference between the contract rate and that of the lowest acceptable tender in case of failure to complete the supplies in the tender and incorporated in the contract. This is without prejudice to other rights under the terms of contract Equipment 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 equipment will be considered as delayed unless the missing parts are delivered. Liquidated damages will also be levied for the quantity not supplied as is done for the delayed supplies. If supplies effected in part which could not be beneficially used by the TANGEDCO (due to such incomplete supply), liquidated damage will be worked out on the basis of entire contract price only and not on the value of delayed portion If supplies to be rendered are made by the supplier beyond the period of delivery and they are accepted by the TANGEDCO, such acceptance is without prejudice to TANGEDCO's right to levy liquidated damages for the delay in supply. 21

22 10.4. If the ordered materials are not delivered, the purchaser shall recover from the supplier, as liquidated damages, sum of TEN PERCENT (10%) of the contract price of the equipments / materials in addition to the cost of undelivered equipments or materials The suppliers are liable to pay the amount of loss sustained by the TANGEDCO in the event of non-execution of orders, if any placed on them, either in full or part to the satisfaction of the TANGEDCO under the terms of conditions of contract and in the event of placing orders for such quantities on some others at a higher price Tenderers not giving clear and specific acceptance to the above clauses are liable to be rejected If there is any downward trend in prices on account of belated supplies, you have to accept the same with the levy of liquidated damages, for belated supplies LOSS OF DAMAGE: 11.1 External damages and/or shortages that are prima facie, the results of rough handling in transit or due to defective packing will be intimated within one month from the date of receipt of the materials at site. Internal defects, damages or shortages of integral parts which cannot ordinarily be detected on a superficial visual examination, due to bad handling in transit or defective packing, would be intimated within 2 months from the date of receipt of materials. In either case, the defective materials shall be replaced / rectified by the supplier, free of cost If during the period of supply, it is found that goods already supplied are defective in material or workmanship or do not conform to specification or unsuitable for the purpose for which they are purchased, then it will be open to the purchaser either to reject the goods or repudiate the entire contract and claim such loss that the purchaser may suffer on that account or require the supplier to replace the defective goods, free of cost Similarly, if during the eighteen months subsequent to the date of receipt of the goods, any of the goods found to be defective in materials or workmanship or do not conform to specification or unsuitable for the purpose for which they are purchased, it will be open to the purchaser either to repudiate the entire contract and claim damages or accept such parts of the goods that are satisfactory and require the supplier to replace the balance or to claim compensation for the entire loss sustained by the purchaser on that account In the event of supplies being received damaged or any shortages at the destination stations, the cost of such materials, excise duty and sales tax (if payable) and other charges payable thereof will be paid only proportionate 22

23 to the value of materials received in good condition, unless the damaged goods or short supplies are made good free of cost by the suppliers For all legal purposes, the materials shall be deemed to pass into the TANGEDCO's ownership at the destination stores, where they are delivered and accepted GUARANTEE: 12.1 The materials shall be guaranteed for satisfactory operation and good workmanship for a period of 36 months from the date of commissioning or 24 months from the date of receipt at site in good condition whichever is later subject to an overall guarantee period of 36 months from the date of supply under normal and proper condition of service and maintenance. Any defect noticed during this period shall be rectified by the supplier free of charge to the TANGEDCO A written guarantee guaranteeing the TANGEDCO against defects in the materials supplied either in materials or workmanship should be furnished to the consignee Superintending Engineers along with 100% bills and got approved by him. 12.2The incidental expenses, transport and freight charges for the replacement of defective materials within the guarantee period nay also be borne by the supplier till such time it serves a continuous period of 12 months as said above The tenderers shall guarantee among other things the following: i) Quality and strength of material used. ii) Performance figures given by the tenderers in the schedule of Guaranteed technical particulars REPLACEMENT OF DEFECTIVE / DAMAGED MATERIALS: Notwithstanding anything contained in the above liquidated damages clause when the whole or part of the materials supplied by the supplier are found to be defective / damaged or are not in conformity with the specification or sample, such defects or damages in the materials supplied shall be rectified within two months from the date of intimation of defect/damage either at the point of destination or at the supplier's works, at the cost of supplier, against proper security and acknowledgement. In the alternative, the defective or damaged materials shall be replaced free of cost within two months from the date of receipt of the intimation from the purchaser of such defects or damages. If the defects or damages are not rectified or replaced within this period, the supplier shall pay a sum towards liquidated damages as per liquidated damages clause given above, for the delay in rectification / replacement of the defects or damages. 23

24 13.2. If even after such rectification or replacement of the damaged or defective part, if the equipment ordered is not giving the satisfactory performance as per the contract, then it will be open to the purchaser either to reject the goods or repudiate the entire contract and claim such loss sustained by the TANGEDCO Notwithstanding any other remedies available, the purchaser shall be entitled to dispose of the defective / damaged materials in as is where is condition without further notice, if the contractor/supplier fails to rectify the defect and /or replace the damaged materials and / or fails to remove the defective / damaged materials within such period as may be notified by the purchaser through notice and the sale proceeds of such disposal shall be appropriated towards the dues to the TANGEDCO such as Liquidated Damages, ground rent, etc., as may be determined by the purchaser FAILURE TO EXECUTE THE CONTRACT: Suppliers failing to execute the order placed on them to the satisfaction of the TANGEDCO under the terms and conditions set forth therein, will be liable to make good the loss sustained by the TANGEDCO, consequent to the placing of fresh orders elsewhere at higher rate, i.e. the difference between the price accepted in the contract already entered into and the price at which fresh orders have been placed. This is without prejudice to the imposition of liquidated damages NON-ASSIGNMENT: The supplier shall not assign or transfer the contract or any part thereof without the prior approval of the Purchaser EFFECTING OF RECOVERIES: Any loss, arising incident to non-fulfillment of this contract or any other contract, will be recovered from the Security Deposit held or any other amount due to the supplier from the TANGEDCO SALES TAX CLEARNACE CERTIFICATE: The tenderer should enclose with the tender, a copy of certificate of sales tax clearance for the previous year from the appropriate Sales Tax Authorities. NOTE: The successful tenderer should submit the latest copies of STCC after receiving the order INCOME TAX : The tenderer should furnish their Permanent Account Number (PAN) in their offer. 24