एसज व एन थमर ल (प र.) ल मट ड

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1 एसज व एन थमर ल (प र.) ल मट ड ( एसज व एन: भ रत सरक र क अध न एक म नर न एव श ड य ल A प एसय क प णर व म व व ल क पन ) बक सर त प वद य त प रय जन (1320 म ग व ट) प र पण एव स वद वभ ग CIN:U31908BR2007PTC : : ईम ल-pcdbtpp@sjvn.nic.in No. SJVN Thermal/BTPP/P&C/PCD- 18/Corri-I/ Dated: Corrigendum -I Name of Work:- Earthwork in Cutting, Filling and Levelling including Transportation of Earth/filling material in project land excluding Ash Dyke Portion for Buxar Thermal Power Project at Chausa, Distt.- Buxar (Bihar) Following amendments have been made in the NIT & Section-II (Instruction to bidders) of tender document Volume-I of NIT Ref. no. SJVN Thermal/BTPP/PCD-18/NIT/ dated: :- A. no has been added in Section-II (Instruction to bidders) of tender document Volume-I respectively as under:- e-reverse Auction (e-ra) The Terms & Conditions for Reverse Bidding are as detailed below: 1. Process: a. Eligibility Criteria for participation in e-ra: i. Only techno-commercially responsive bidders with valid digital signature certificate, who participate in the initial e-tendering process, will be eligible to participate in the subsequent e-ra. ii. Where number of eligible bidders at Price bid stage is three or less than three, then successful bidder shall be decided on the basis of e-tender, iii. Where number of eligible bidders at Price bid stage is four or more than four, then e-ra process will be followed after e-tendering. iv. Under no circumstances, there shall be less than three independent bidders participating in e-ra after elimination. v. In case number of eligible bidders at price bid stage is four, then, the highest (H1) bidder shall not be eligible for e-ra. vi. In case number of eligible bidders at Price bid stage is five or more, then 50 % of highest ranked bidders in excess of three shall not be allowed to participate in e-ra. e.g. if number of eligible bidders at Price bid stage is n then, X number of bidders to be eliminated, will be determined as follows: X = (n-3) x 0.5; n > 4 In case X is a fraction then it shall be rounded off to the lower whole number. Please see the illustration table below: Illustration of above considering upto 5 nos. bidders No. of eligible bidders participating in e-tendering at price bid stage क य र लय पत : द सर तल, नवद ग र क ल क स, अ ब डकरच क, कल क ट र ट र ड, बक सर ( बह र)

2 No. of bidders eligible for e-ra (after elimination) No e-ra No e-ra No e-ra 3 4 b. e-ra will be done on total bid price and the unit rates of the winning bidder quoted in e- tender shall be reduced pro-rata to match with the e-ra bid price. c. After technical evaluation of the bids & opening of price bids, the bidders, eligible for e- RA as per methodology above, will be intimated. Such qualified bidders shall be eligible to participate in the e-ra to be conducted by the e-procurement/e-ra service provider. d. e-procurement/e-ra service provider will guide the shortlisted bidders for this purpose and the Bidders shall abide by Rules for e-ra as specified hereinunder. 2. Start/Base Price: For e-ra, L1 evaluated bid price through e-tendering shall be taken as start/base price. 3. e-ra will be conducted on scheduled date & time which shall be conveyed to the eligible bidders through The start/base price and the minimum bid decrement value shall be available to qualified bidders only on the e-procurement website, 60 (sixty) minutes before the start of e-ra Process. 5. The first online bid for e-ra shall be less than the price by minimum one decrement (0.1% of L-1 evaluated price). The subsequent online bids will be less than the first online bid by minimum one decrement value. The final bid shall prevail over the earlier bids. 6. The bidder will be able to view leading bid in the auction and/or his own rank, bid placed by him during the event, Opening Price and Decrement price on screen along with other necessary fields in the e-ra. Names of bidders shall be displayed as dummy names to maintain anonymity. 7. e-ra duration: The duration of e-ra shall be initially for a period of one hour. However, in case any bidder places a bid within the last 10 (ten) minutes before scheduled closing of the e-ra and if the bid gets accepted and happens to be lowest, the duration for e-ra shall be increased by a further period of 10 (ten) minutes beyond scheduled closing time. Auto-extension: The auto-extension takes place only in the last 10 minutes and there will be no limits for number of auto-extensions. However, in case there is no bid in the last 10 minutes before the closing of e-ra, then e-ra shall get closed automatically. 8. Proxy Reverse Auction feature: It is a pro-bidder feature to safe guard bidder s interest against Internet failure or in case of bidders who don t wish to be present in entire e-ra duration but wish to quote a minimum price that is valid for them in entire e-ra duration. This feature allows bidders to place an automated bid against other bidders in the e-ra without having to enter revised bid again and again during the e-ra process. The proxy bid amount cannot be changed until the lowest bidding amount reaches the proxy bid amount, after which it can be lowered. Bids shall be submitted by the system on behalf of the proxy bidder in decrements i.e. decreasing bid amounts upto the proxy bid amount. 9. Bidders shall submit most competitive prices through e-tendering since these prices may be considered for final award in case e-ra event is not resorted to, due to reasons mentioned herein. 10. At the end of e-ra, the closing/final Price shall be available on screen. The ratio of closing/final price through e-ra and originally quoted price through e-tendering shall be applied on all elements of originally quoted price to arrive at the final price break up (i.e. unit rates) which shall be considered further for final award. Page 2 of 5

3 11. Cancellation: During e-ra, if no bid is received within the specified time duration of the e-ra, Employer, at its sole discretion, may decide to reschedule/scrap the e-ra process or finalize the tender based on Price Bids received through e-tendering if SJVN Thermal (P) Ltd. not decide to cancel/annul the tendering process for any reason and if the price of lowest bidder is found reasonable and acceptable to SJVN Thermal (P) Ltd. 12. On the basis of these terms and conditions, Employer, at any time before the placement of order on successful bidder, shall be at liberty to cancel, extend, reschedule the e-ra process or finalize the tender based on Price Bids submitted through e-tendering without assigning any reason. 13. On the conclusion of e-ra successful bidder shall be the one whose e-ra price is lowest if considered reasonable at the sole discretion of Employer. 14. Employer s decision for award of Contract shall be final and binding on all the bidders. 15. Employer or its e-procurement/e-ra service provider shall not be liable & responsible to bidders in any manner whatsoever for failure to access/interruption/delay & bid on the e- RA platform due to loss of internet connectivity, power failure, virus attack, problems with the PC, any other unforeseen circumstances etc. before or during the auction event. On account of this, the time for the auction shall not be extended and Employer shall not be responsible for such eventualities. Further, in such cases, the decision of Employer shall be binding on the bidders. 16. Employer reserves the right to modify/withdraw any of the Business rules, terms & conditions of e-ra at any point of time prior to commencement of e-ra. However, any modifications in Business rules, terms & conditions of e-ra shall be duly communicated to techno-commercially qualified bidders. 17. Employer will provide the calculation sheet to the bidders as applicable which will help them to arrive at the total cost to enable them to keep it ready during e-ra. 18. The e-ra would be carried out in INR (`) only. 19. The login ID and password for participating in e-ra will be the same as the one given to bidders on registration on e-procurement portal, In case of any issue w.r.t. e-ra not specifically dealt with in Business Rules, the decision of the Employer shall be final and binding on all concerned. 21. Registration fee for reverse bidding (e-ra) on SJVN s e-tendering portal, will be borne by SJVN Thermal (P) Ltd. B. no. 15 has been added in NIT as under: GST Details of SJVN Thermal Private Limited- GSTIN/UIN (Provisional) : 10AAFCM1296A1Z4 Date of registration : 01/07/2017 State Jurisdiction : Patna Central Legal Name of Business : SJVN Thermal Private Limited Constitution of Business : Public Sector Undertaking Address : 169, Patliputra Colony, Patliputra Colony, Bihar Page 3 of 5

4 C. no. 55; Section IV (General Conditions of Contract) of Tender Document Volume-I has been amended as under: No. 55; Section IV (General Conditions of Contract) of Tender Document Volume-I Existing Condition ARBITRATION 55.1 Except as otherwise provided in clause-53.1 above, All questions, dispute or difference in relation to or in connection with the Contract shall be referred for arbitration in the manner provided as under: a. Either of the parties may give to the other a notice in writing of the existence of such question, dispute or difference, b. All dispute or difference in respect of which the decision has not been final and conclusive arising between the Contractor and SJVN Thermal (P) Ltd. in relation to or in connection with the Contract, shall be referred to Arbitration in the manner provided as hereunder: (i) Arbitration will be by sole arbitrator. SJVN Thermal (P) Ltd. shall appoint and designate one of its officer as a sole Arbitrator who shall carry out Arbitration proceeding as sole Arbitrator. (ii) The Arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reason, then the SJVN Thermal (P) Ltd. shall appoint another person to act as sole arbitrator in the same manner as provided herein above. Such person shall be entitled to proceed with the reference from the stage at which it was left by the predecessor. c. Subject as aforesaid the provision of the Arbitration & Reconciliation Act. 1996, or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force shall apply to the arbitration proceeding under this clause. d. Irrespective of amount of the claim, Arbitrator shall give reasons for the Award. Amended Condition ARBITRATION Any dispute or difference whatsoever arising between the parties and of or relating to the construction, interpretation, application, meaning, scope, operation or effect of this Contract or the validity or the breach thereof, shall be settled by arbitration in accordance with Arbitration and Conciliation Act 1996 and the Rules of Arbitration of the SCOPE Forum of Conciliation and Arbitration (SFCA) which are available on SCOPE website and the award made in pursuance thereof shall be final and binding on the parties". Address & Contact details of Institute- SCOPE Forum of Conciliation and Arbitration (SFCA) Address:- The Chairman, Standing Conference of Public Enterprises (SCOPE) Core 8, 1st Floor, "SCOPE Complex", 7 Lodi Road, New Delhi Ph.: , , Fax: scopedg@yahoo.com Website: The cost of Arbitration proceedings shall be borne equally by either party Arbitration proceedings shall be held at Buxar (Bihar)/ Delhi or as decided by the Page 4 of 5

5 No. Existing Condition Learned Arbitrator The language of the arbitration proceedings and that of all documents and communications between the parties shall be English/Hindi, however in case of any dispute English version will prevail. The arbitrator shall make a speaking award Notwithstanding any reference to the arbitration herein, the parties shall continue to perform their respective obligations under the contract Amended Condition D. No.6; Section VI (Special Conditions of Contract); Volume I of Tender has been amended as under: No.6: Section VI (Special Conditions of Contract); Volume I of Tender Document However, Service tax as applicable will become payable extra in terms of the following: The reimbursement of service tax of all the bills will be made on submission of following information about Service Provider (Contractor) along with bill: a) Name, Address & Contact details (Tel No. etc) of the Service Provider (Contractor). b) Service tax number of the Service Provider (Contractor). c) PAN of the Service Provider (Contractor). d) Service Tax Invoice Number. e) Gross Amount of the Service provided. Deleted. Other terms and conditions shall remain unchanged. For & on Behalf of SJVN Thermal (P) Ltd. (S.K. Singh) Head (Contracts) Page 5 of 5