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Service Provider: The Tamil Nadu Government E-Procurement System Website For Online Bid Submission: Https://tntenders - Gov.in/nicgep/app

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TAMILNADU GENERATION AND DISTRIBUTION CORPORATION LTD

Name of work: MTPS II - (1x600MW) Operation Circle – O&E Division- For


conducting the work of PAT Monitoring and Verification Audit
for PAT Cycle III at Mettur Thermal Power Station-II (1 x 600
MW)/ TANGEDCO, Mettur Dam-06 and to submission of
forms/documents to BEE,Delhi for the year 2019-2020

SPECIFICATION NO: CE / MTPS II / SE / O / OT No.01/ 2020-2021.

DUE DATE AND TIME FOR SUBMISSION OF TENDER : 27.05.2020 @ 14:00 Hrs

OFFICE OF THE SUPERINTENDING ENGINEER/


OPERATION / METTUR TPS-II / METTUR DAM - 636 406
TAMIL NADU.

Service Provider: The Tamil Nadu Government E-Procurement System


Website for online bid submission: https://tntenders.gov.in/nicgep/app

1
TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LTD
METTUR THERMAL POWER STATION – II
INSTRUCTION TO BIDDERS
INSTRUCTION TO BIDDERS FOR SUBMISSION OF ONLINE BIDS IN E-TENDER
1.0 The bidding under this contract is electronic bid submission through website
https://tntenders.gov.in/nicgep/app only. Detailed guidelines for viewing bids and submission
of online bids are given on the website. Any citizen or prospective bidders can logon to this
website and view the invitation for Bids and can view the details of works for which bids are
invited.
2.0 Registration:
2.1 The prospective bidders can submit bids online, however, the bidders are required to
have enrolment/registration in the website by clicking on the link “Online bidder
enrolment” which is free of charge.
2.2 As part of the enrolment process, the bidders are required to choose a unique username
and assign a password for their accounts.
2.3 Bidders are advised to register their valid email address and mobile numbers as part of
the registration process. These details would be used for any communication from the
e-Portal.
2.4 Upon enrolment, the bidders are required to register their valid Digital Signature
Certificate (DSC) (Class II or Class III Certificates with signing key usage) issued by
any Certifying Authority recognized by CCA India (e.g. Sify / nCode / eMudhra etc.),
with their profile.
2.5 Only one valid DSC should be registered by a bidder. Please note that the bidders are
responsible to ensure that they do not lend their DSC’s to others which may lead to
misuse.
2.6 Bidder then can login to the site through the secured login by entering their user ID /
password and the password of the DSC / e-Token.
3.0 Contact persons:
For queries related to registration and online bidding (NIC):
e-mail : support.etender@nic.in
Contact No.: 044 – 24466495
24902580 Extn.: 332
24917850
4.0 System Requirement:
i. Operating System: Windows XP-SP3 & above
ii. Internet browser: IE7 and above.
iii. Signing type: Digital Signature (class III)
iv. JRE 7 update 79 (Preferred file- Windows X-86 Offline) and above to be
downloaded and installed in the system.
To enable ALL active X controls and disable ‘use pop up blocker’ under
Tools→Internet Options→ custom level. For detailed guidance about browser and Java
configuration the bidders are advised to go through the video guide available under
“Bidders Manual Kit” at
“https://www.tntenders.gov.in/nicgep/app?page=BiddersManualKit&service=page ”

2
5.0 Searching for Tender Document:
5.0 There are various search options built in the Website, to facilitate bidders to search
active tenders by several parameters. These parameters could include Tender ID,
organization name, location, date, value, etc.
5.1 Once the bidders have selected the tenders they are interested in, they may download
the required documents/tender schedules. These tenders can be moved to the
respective ‘My Tenders’ folder. This would enable the Tamil Nadu Govt. e-Procurement
Portal, to intimate the bidders through SMS / e-mail in case there is any corrigendum
issued to the tender document.
5.2 The bidder should make a note of the unique Tender ID assigned to each tender, in case
they want to obtain any clarification / help from the Helpdesk.
6.0 Preparation of Bids:
6.1 Bidder should take into account any corrigendum published on the tender document
before submitting their bids.
6.2 Bidders are requested to go through the NIT and the tender document carefully to
understand the documents required to be submitted as part of the bid. Any deviations
from these may lead to rejection of the bid.
6.3 Bidder, in advance, should get ready with the bid documents to be submitted as
indicated in the tender document and generally, they can be in PDF / XLS / RAR / DWF /
JPG formats. Bid documents may be scanned with 100 dpi with black and white
option which helps in reducing size of the scanned document. Since the
uploaded documents shall be downloaded for evaluation of bid, bidders are advised to
upload clear scanned copies. One hard copy of the electronically submitted bid
documents except the price schedule shall have to be submitted upon
intimation by TANGEDCO after opening of the e-tender.
6.4 To avoid the time and effort required in uploading the same set of standard documents
which are required to be submitted as a part of every bid, a provision of uploading such
standard documents (e.g. PAN card copy, annual reports, auditor certificates etc.) has
been provided to the bidders. Bidders can use “My space or “Other Important
Documents” area available to them to upload such documents. These documents may
be directly submitted from the “My Space” area while submitting a bid, and need not be
uploaded again and again. This will lead to a reduction in the time required for bid
submission process.
6.5 The completed bid comprising scanned copy of the proof for the payment of EMD or
exemption from payment of EMD and necessary technical and commercial documents
should be uploaded on the website along with signed and scanned copies of requisite
certificates as are mentioned in the different sections in the tender document.
7.0 Electronic Submission Of Bids:
The bidder shall submit online the requirements under qualification criteria and
Technical Documents required and Price Schedule/BOQ. All the documents are required
to be signed digitally by the bidder. After electronic online bid submission, the system
generates a unique bid reference number which is time stamped. This shall be treated
as acknowledgement of bid submission.

3
7.1 Bidder should log into the site well in advance for bid submission so that they can
upload the bid in time i.e. on or before the bid submission time. Bidder will be
responsible for any delay due to other issues.
7.2 The bidder has to digitally sign and upload the required bid documents one by one as
indicated in the tender document.
7.3 Bidder has to select the payment option as “offline” to pay the EMD amount through
RTGS/NEFT or by way of account transfer as applicable and enter details of the
instrument.
7.4 The scanned copy of payment made through RTGS/NEFT or by way of Account Transfer
towards EMD amount has to be uploaded. TANGEDCO shall not be responsible for any
delay in uploading the proof of EMD by any mode.
7.5 A BOQ format for the price bid has been provided with the tender document to be filled
by all the bidders. Bidders are requested to note that they should necessarily submit
their financial bids in the BOQ format provided and no other format is acceptable.
Bidders are required to download the BOQ file, open it and complete the coloured
(Unprotected) cells with their respective financial quotes and other details (such as
name of the bidder). No other cells should be changed. Once the details have been
completed, the bidder should save it and submit it online, without changing the file
name. If the BOQ file is found to be modified by the bidder, the bid will be rejected.
7.6 The server time (which is displayed on the bidders’ dashboard) will be
considered as the standard time for referencing the deadlines for submission
of the bids by the bidders, opening of bids etc. The bidders should follow this
time during bid submission.
7.7 All the documents being submitted by the bidders would be encrypted using PKI
encryption techniques to ensure the secrecy of the data. The data entered cannot be
viewed by unauthorized persons until the time of bid opening. The confidentiality of the
bids is maintained using the secured Socket Layer 128 bit encryption technology. Data
storage encryption of sensitive fields is done. Any bid document that is uploaded to the
server is subjected to symmetric encryption using a system generated symmetric key.
Further this key is subjected to asymmetric encryption using buyers/bid openers’ public
keys.
7.8 The uploaded tender documents become readable only after the tender opening by
the authorized bid openers.
7.9 Upon the successful and timely submission of bids, (i.e. after clicking “Freeze Bid
submission” in the portal) the portal will give a successful bid submission message & a
bid summary will be displayed with the bid no. and the date & time of submission of the
bid with all other relevant details.
7.10. Department or Service Provider is not responsible for any failure such as a bad internet
connection or power failure outside of their control. The bidder is responsible to ensure
that they have sufficient time to submit an electronic bid prior to closing date and time
including the payment of any fees including the Bid security and getting e-receipt. In
case of a failure in the system within the control of the service provider that may affect
a bidding process, the contracting authority on his sole discretion will postpone the
closing time at least 24 hours from the time of system recovery to allow bidders
sufficient time to submit their bids.

4
7.11 The TANGEDCO may, at its discretion, extend the deadline for the submission of bids by
amending the bidding document, in which case all rights and obligations of
TANGEDCO and bidders subject to the previous deadline shall thereafter be subject to
the deadline extended.

8.0 Late Bid:


The Electronic bidding system would not allow any late submission of bids after due
date and time as per server time.
9.0 Modification and withdrawal of bids:
9.1 Bidders may modify their bids online before the deadline for submission of bids.
9.2 In case a bidder intends to modify his bid online before the deadline, the bidder need
not make any additional payment towards the cost of bid processing. For bid
modification and consequential re-submission, the bidder is not required to withdraw his
bid submitted earlier. Modification and consequential re-submission of bids is allowed
any number of times. The last modified bid submitted by the bidder within the bid
submission time shall be considered as the bid. For this purpose,
modification/withdrawal by other means will not be accepted. The bidder may withdraw
his bid by uploading his request before the deadline for submission of bids, however, if
the bid is withdrawn, the re-submission of the bid is not allowed.
9.3 No bid may be modified after the deadline for submission of Bids.
10.0 ASSISTANCE TO BIDDERS:
10.1 Any queries relating to the tender document and the terms and conditions contained
therein should be addressed to the Tender Inviting Authority for a tender or the
relevant contact person indicated in the tender.
10.2 Any queries relating to the process of online bid submission or queries in general may
be directed to the 24x7 Central Public Procurement Portal Helpdesk.
It may be noted by the bidders that NIC is only a service provider for conducting the
online bidding process against this tender and shall not be a party to any contract between
TANGEDCO and the successful bidder(s) subsequent to the bidding process.

5
TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LTD

1) Tender Specification No. CE / MTPS II / SE / O / OT No.01/ 2020-2021.

2) Name of the work Open E-tender for conducting the work of PAT
Monitoring and Verification Audit for PAT Cycle III
at Mettur Thermal Power Station-II (1 x 600 MW)/
TANGEDCO, Mettur Dam-06 and to submission of
forms/documents to BEE,Delhi for the year 2019 -
2020.

3) Quantity 1x 600 MW Unit/One time

4) Method of Tender Open E -Tender System


(Online submission of Part I - Techno-
Commercial Bid and Part II - Price Bid through
Website
https://www.tntenders.gov.in/nicgep/app
of NIC

5) (a) Earnest Money Deposit Rs. 3,600 /- (Rupees Three Thousand Six Hundred
(EMD) only)

to TANGEDCO’s Account
Account No. : 30468983165
Name of Bank : State Bank of India
Mettur Dam – 636401
IFSC Code : SBIN0000877

Or (b) Permanent EMD Tender Value


(I) Rs.10,00,000/- Up to Rs.10,00,00,000/-
(II) Rs.20,00,000/- Up to Rs.50,00,00,000/-
All tenders exceeding Rs.50,00,00,000/-.
(III) Rs.50,00,000/-
6) URL for online bid submission
for e-tender https://www.tntenders.gov.in/nicgep/app

7) Last date for submission of


EMD 27.05 .2020 before 12.00 hrs
(The EMD amount has to be received in
TNEB/TANGEDCO account through e payment, by
2 hours before closing time of tender)

6
8) Date of closing of online 27.05.2020 @ 14:00 hrs
e-tender for submission of
Techno Commercial Bid &
Price Bid
9) Date & time of opening of 28.05.2020 @ 15:00 hrs

tender electronically

10) Specification at website


The tender specification will be placed at
TANGEDCO web site (www.tangedco.gov.in),
and TN Govt. Website
(www.tenders.tn.gov.in) & NIC website
https://www.tntenders.gov.in/nicgep/app;
The prospective bidders may download the
same.

11)Bid qualifying requirements Refer Section – II

12) Rejection of Tenders Refer Section – IV(Clause-6)

Schedules A to C, Annexures I to IV and


13) Documents to be uploaded by
other documents whichever is applicable.
the Tenderers during e-submission

14) Clarification to be sought for Superintending Engineer,


from Operation,
Mettur Thermal Power Station – II,
Mettur Dam – 636406

Office of the Superintending Engineer,


15) Place at which tenders will be Operation,
opened Mettur Thermal Power Station – II,
Mettur Dam – 636406

Sd/- 28.04.2020

CHIEF ENGINEER / MTPS-II

7
TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LTD
METTUR THERMAL POWER STATION – II

SCHEDULE-A

PRICE SCHEDULE

NAME OF THE WORK: MTPS.II – Operation Circle – O&E Division - For conducting the
work of PAT Monitoring and Verification Audit for PAT Cycle III at Mettur Thermal Power
Station-II (1 x 600 MW)/ TANGEDCO, Mettur Dam-06 and to submission of
forms/documents to BEE, Delhi for the year 2019-2020.

Specn.No. CE / MTPS II / SE / O / OT No. 01/ 2020- 2021.

Price
Sl.
Qty. Description of Work Rate Rs. in
No
Rs. P words
Charges - For conducting the work of PAT
Monitoring and Verification Audit for PAT
1 x 600 MW Cycle III at Mettur Thermal Power Station-II
1.
/ One Time (1 x 600 MW)/ TANGEDCO, Mettur Dam-06
and to submission of forms/documents to
BEE, Delhi for the year 2019-2020.

GST / IGST Extra as applicable

Delivery Period
The overall period for completion of Monitoring & Verification Audit and submission of draft
and final report shall be 25 days from the date of issue of work order.

Percentage of GST: (For bidders with in TN)


SGST:
CGST:
(For bidders outside TN)
IGST:
Note: 1. While quoting the rates the bidder shall indicate the SAC code as per GST Act.

2. GST remitted by the tenderer, will be reimbursed only after production of


documentary evidence and the reflection of GST remittance in TANGEDCO 2A
portal. Further, TANGEDCO is not responsible for late remittance of GST.

SIGNATURE OF THE CONTRACTOR


Name and Address of the contractor

8
SECTION - I

EARNEST MONEY DEPOSIT

1) Tenderer should pay the specified amount towards Earnest Money Deposit as
follows : Earnest Money Deposit : Rs. 3,600 /- (Rupees Three Thousand and Six
Hundred only)
2) The Earnest Money Deposit specified above should be in the form of
NEFT/RTGS as mentioned above in 5(a) of Foreword for the above amount. Scanned
copy of the E-receipt duly reflecting the UTR Number must be uploaded. If the EMD
amount is transferred from the bidder’s account to TANGEDCO’s account, then the
details reflecting the debit amount from the bidder’s account must be uploaded. The
EMD amount has to be received in TNEB/TANGEDCO account through e payment, 2
hours before closing time of tender). EMD amount received beyond tender closing time
will be summarily rejected.
2.1) In case the EMD remittance through same Bank, a copy of Bank account scroll of
bidders duly exhibiting the transaction of EMD amount with details of name of the bank
account number of the bidder, and IFSC Code shall be uploaded, so as to verify the
credit of same in TANGEDCO bank account scroll for ensuring the EMD compliance of
bidders.
3) The Tenderers who are having valid Permanent EMD with TNEB/TANGEDCO for an
amount as mentioned below are exempted from payment of Earnest Money Deposit and
are eligible to participate in the tender.

PEMD : For Tenders of value


Rs.10,00,000/- : Up to Rs.10,00,00,000/-
Rs.20,00,000/- : Up to Rs.50,00,00,000/-
Rs.50,00,000/- : All tenders exceeding
Rs.50,00,00,000/-
The existing PEMD holder for Rs.10,00,000/- are eligible to participate in the tender only
for the value of tenders not exceeding Rs.10 Crores. The existing PEMD holder for
Rs.5,00,000/- are not eligible for participating in the tender unless they pay the
differential amount for the new PEMD slab.
If the Tenderer desires to become a Permanent E.M.D. holder, he is advised to deposit
the required amount with the TANGEDCO as Permanent E.M.D. well in advance, obtain
a certificate from the Financial Controller/Purchase and upload copy of the same along
with the tender.
4) Any other mode of payment of EMD other than NEFT/RTGS shall not be accepted
towards EMD and the tenders shall be rejected if EMD is not paid in the prescribed
manner.
5) MSME having valid registration certificate (evidence shall be produced) as
MSME rendering transport services are exempted from payment of EMD. 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.100.00
(Rupees Hundred only) in the form to the effect to pay as penalty an amount
equivalent to EMD in the event of non-fulfilment or non-observance of any of the
conditions stipulated in the contract consequent to such breach of contract.
TENDERS RECEIVED WITHOUT THIS UNDERTAKING WILL NOT BE OPENED. In
respect of the successful tenderer, the EMD remitted by him will be carried over as

9
part of the security deposit payable by the tenderer and NO INTEREST WILL BE
PAID.
6) Unemployed Engineers (both Engineering Graduates and Diploma Holders) are
exempted from payment of full EMD payable by them limited to 1% of the contract value
of the tender/works not exceeding Rs.2.0 lakhs.
7) The tenderers other than foreign tenderers / SSI unit/State Government Public Sector
undertaking who are exempted from payment of EMD shall furnish an undertaking on a
non-judicial stamp paper of value Rs.80.00 to pay an amount equivalent to EMD in case
of non-fulfillment of the conditions stipulated in the contract.
8) The State Government Public Sector undertakings are exempted from payment of EMD,
but should pay as penalty an amount equivalent to the amount fixed as EMD in the
event of non-fulfillment or non-observance of any of the conditions stipulated in the
contract.
9) Proof for exemption from payment of Earnest Money Deposit towards the
Earnest Money Deposit shall be furnished.
10) The tenders received without Earnest Money Deposit / Proof for exemption
will be rejected.
11) The Earnest Money Deposit will be refunded to the unsuccessful tenderers on
application after intimation of rejection of tender is sent. The amount will not carry
any interest.
12) The Earnest Money Deposit is liable to be forfeited, if the tenderer withdraws
his tender after acceptance of his tender or violate any of the tender condition.
13) The EMD of successful tenderer will be adjusted towards SD.
14) The tenderers who are registered with DGS & D Rate Contract and having Permanent
EMD at TNEB Head Quarters are not exempted from payment of EMD against this
tender.
15) The EMD will not carry any interest.
16) Those tenderers who are exempted from payment of EMD shall upload in lieu of EMD
an undertaking in a non-judicial Stamp paper of value not less than Rs.100/- (Rupees
One Hundred only) in the form as per Attachment - 4 to the effect to pay as penalty an
amount equivalent to EMD 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 Undertakings who are exempted from payment of EMD
should also pay as penalty an amount equivalent to the amount fixed as EMD in the
event of non-fulfillment or non-observance of any of the conditions stipulated in the
contract.
17) Conditions for Liable for rejection of bids:
a) TENDERS RECEIVED WITHOUT THIS UNDERTAKING WILL BE DISQUALIFIED.
b) Tender will be rejected if the undertaking is not signed / authenticated
in all pages of undertaking.
c) Signature of witnesses should be affixed at the end of undertaking along with
details of name and address.
18) Small Scale Industries registered with the Tamil Nadu small Industries Development
Corporation or with National Small Industries Corporation or holding Enterpreneur
Memorandum Part-II or MSME certificate (UDYOG Aadhaar acknowledgement) or
acknowledgement for the Enterpreneur Memorandum Part-II issued by DIC, for small
scale industrial unit for subject materials specifying capacity for which they are
permitted to manufacture and the period of validity of the certificate shall upload
attested Photo copy of Registration Certificate/ Acknowledgement as proof of eligibility
for exemption from payment of EMD.
19) The tenderers shall upload 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 of the firm based on the investment held in Plant and Machinery
for extending exemption from paying EMD.
10
In case the investment held by them in Plant and Machinery as per their financial
statement of Accounts exceeds Rs.5 Crores, the General Manager, District Industries
Centre concerned will be requested to verify the SSI status of the firm. Till receipt of
confirmation from General Manager / District Industries Centre concerned, the
exemption from paying EMD for SSI Units shall not be extended.

20) The following should be uploaded by the Vendor during submission of Techno-
commercial bid for payment of EMD failing which the offer will be SUMMARILY
REJECTED .
i) The e-receipt of payment of EMD through NEFT/RTGS.
ii) The proof of Permanent EMD Holder.
iii) The proof of exemption of EMD with an undertaking in lieu of EMD and
documents in support of investment held n plant and machinery.
21) The Earnest Money Deposit/Permanent EMD made by Tenderer will be forfeited
after e-tender opening if:
(a) he withdraws his tender or backs out after acceptance.
(b) he withdraws his tender before the expiry of validity period stipulated 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) in the event of 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.

Sd/- on 24.04.2020
Superintending Engineer/ Operation
Mettur Thermal Power Station II
Mettur Dam – 636 406.

11
SECTION – II

BID QUALIFICATION REQUIREMENTS (BQR)

The Bidders shall become eligible to bid on satisfying the following Bid
Qualification Requirements and uploading of the required documentary
evidences.

1) The bidder should be an Accredited Energy Auditing Firm empanelled by BEE.


Scanned Copies of accreditation certificate issued by the Bureau of energy Efficiency
shall be uploaded.

2) The bidder should have previous experience in conducting Monitoring and Verification
Energy Audit in coal fired Thermal Power Stations of 210 MW or above capacity, within
the past ten years as on the date of tender opening in any of the Thermal power Stations
of State or Central Government Organization /Public/ Private Sector Undertaking / State
Electricity Boards in India.

3) The firm or company or other legal entity who was involved in undertaking Energy Audit
in MTPS-II within the previous four years is not eligible to perform the work of
Verification
Note:
The Documentary proof for the above BQR shall be uploaded with the tender online,
failing which their bid will be summarily rejected. The successful bidder has to submit the
attested copies of the documents satisfying BQR criteria after tender opening, in the office of
the Tender Inviting Authority

Sd/- on 28.04.2020

CHIEF ENGINEER /MTPS-II.

12
SECTION-III

SPECN. No: CE/MTPS-II/SE / O / OT NO.01/ 2020 - 2021.

SPECIAL CONDITIONS

1. Sufficient skilled persons should be engaged for Monitoring & Verification Audit.

2. The tenderer who themselves are professionally qualified should undertake to be


available at site on all the days of work, or otherwise should employ competent persons,
as per the norms of the board for attending to work . If this condition is not complied
with, a recovery of the amount towards salary for such qualified persons will be deducted
from the bills.

3. If there is delay in works due to lack of persons, tools & plants, not adhering to the
instructions of shift in charge, penalty will be imposed at the maximum of 10% of the
total value of work and further suitable action will be taken accordingly.

4. The Monitoring & Verification Audit is to be carried out without disturbing the
TANGEDCO equipments.

5. If the performance of the contractor is not satisfactory during this period of contract
works, his case will not be considered for future works.

6. Any damage done to TANGEDCO property due to improper handling should be set right or
should be replaced at contractors cost.

7. The contractor is responsible for any theft or misusing of all the materials including fire
extinguishers etc.

8. All the contract workers should be insured against accident and should follow the safety
precaution. The board will not be responsible for any compensation in the event of
accidents etc.

9. Based on the actual works undertaken, bills will be claimed and paid.

Sd/- on 24.04.2020
Superintending Engineer/ Operation
Mettur Thermal Power Station II
Mettur Dam – 636 406.

13
SECTION – IV
GENERAL TERMS AND CONDITIONS

Tamil Nadu Transparency in Tenders Act 1998 and the Tamil Nadu Transparency
in Tender Rules 2000 and subsequent amendments thereof are applicable to this
Tender.

1.0) SUBMISSION OF TENDER OFFER:

1) The tenderer is expected to examine all instructions, Schedules and Annexures detailed
in the Specification and submit the Schedule of Prices and other required particulars in
the Schedules and Annexures called for in this Specification, only as per the formats
prescribed herein.
2) The Tender Offer consisting of Schedules - A to C, Annexure - I to IV should be filled
up and signed by the Tenderer or any person holding Power of Attorney authorizing
him to sign on behalf of the Tenderer before submission of the Tender. The date of
signature should invariably be indicated.
3) In the event of tender being submitted by other than a firm, it must be signed by a
partner (copy of partnership deed should be enclosed) and in the event of the
absence of any Partner, it shall be signed on his behalf by a person holding a Power of
Attorney authorizing him to do so, Certified copies of which shall be enclosed.
4) Tender submitted on behalf of companies registered under the Indian Companies Act,
shall be signed by person duly authorized to submit the tender on behalf of the
company and shall be accompanied by certified true copies of the resolutions, extracts
of the Articles of Association, special or general Power of Attorney etc to show clearly
the title, authority and designation of persons signing the tender on behalf of the
company.

2.0) MODIFICATIONS/CLARIFICATIONS TO TENDER DOCUMENTS:


1) At any time after the commencement of e-Tender and before the closing of the event,
TANGEDCO may make any changes, modifications or amendments to the tender
documents and same will be intimated to the concerned Vendors through corrigendum
which can be downloaded from the Vendor login .
2) In case any tenderer asks for a clarification to the tender documents before 48 hours
of opening of tenders, the Superintending Engineer / Operation / MTPS II will clarify
the same.
3) If any tenderer raises clarifications after the opening of the tender, the clarified reply
issued by the Superintending Engineer / Operation / MTPS II on the clarifications will
be final and binding on the Tender.
4) All tender offers shall be prepared by typing or printing in the formats enclosed with
this specification.
5) All information in the tender offer shall be in ENGLISH only. It shall not contain
interlineations, erasures or overwritings except as necessary to correct errors made by
the tenderer. Such erasures or other changes in the tender documents shall be
attested by the persons signing the tender offer.

3.0) TENDER OPENING:


1) OPENING OF COMMERCIAL & TECHNICAL BIDS WITHOUT PRICE:
(PART-I)
The Tender offers except price Bid will be opened electronically at 15.00Hrs. on
the date notified at the Office of Superintending Engineer/Operation/
MTPS II/Mettur Dam,through https://tntenders.gov.in/nicgep/app. in the
presence of tenderer’s authorized representative who may wish to be
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present on the date of opening.

2) OPENING OF THE PRICE BIDS: (PART-II)


The date and time of opening of Price Bids shall be later notified through
registered e-mail to the Bidders who fulfill the BQR criteria and whose bids
are found to be commercially and technically acceptable.

3) If the due of the tender opening is declared as a holiday, the tender will be opened on
the next working day at 15.00 hours.

4.0) INFORMATION REQUIRED AND CLARIFICATIONS:


1) In the process of 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 clarifications shall be in writing to the point only. No change
in the price or substance of the offer shall be permitted.
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.
3) 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 Tender Accepting Authority to the tenderers.
5.0) The Tenderers shall not make attempts to establish unsolicited and
unauthorized contact with the Tender Inviting Authority, Tender Accepting
Authority or Tender Scrutiny Committee after the opening of the tender and
prior to the notification of the award and any attempt by any tenderers to
bring to bear extraneous pressures on the Tender Accepting Authority shall
be sufficient reason to disqualify the tenderer.
1) After acceptance of the tender by the Tender Accepting Authority, the details
will be arranged to be published in the Tender Bulletin of Tamil Nadu
Government.
2) 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.

6.0 REJECTION OF TENDERS:


1) Tenders will be SUMMARILY rejected if
i. The EMD requirements are not complied with.
ii. If the bids are received through Consortium or Joint venture, the same will not be
considered and the bids will be rejected.
iii. Not satisfying any one of the Bid Qualification Requirement as stipulated in Section
II.

2) Tender is LIABLE to be rejected, if it is:


i. not covering the entire scope of supply of materials.
ii. If the declaration as specified in Schedule B is not signed and enclosed.
iii. With validity period less than that stipulated in this specification.
iv. Not in conformity with TANGEDCO’s Commercial terms and Technical
Specifications.
v. Received from a tenderer who is directly or indirectly connected with Government
service or Board Service or services of local authority.
vi. From any black listed Firm or Contractor.
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vii. Received by Telex / Telegram / E-Mail/ Fax.
viii. From a tenderer whose past performance / Vendor rating is not satisfactory.
ix. Not containing all required particulars as per Schedule A to C.
x. Documents furnished by the Tenderers along with their offer being found to be
bogus or contain false particulars.
xi. Received after tender opening.
xii. The offer of bidders who have not furnished the TIN Number in the offers.

7.0) QUOTATION OF RATES :


1)The Tenderer’s are requested to quote FIRM price only, Rates should be quoted in figures.
2)The contractor / firm should closely note all the specification clauses which govern the
rates while he is tendering.
3)The rates accepted shall remain FIRM for the entire duration of contract or any extension
thereof.
4)The rates quoted should be inclusive of all incidental expenses for carrying out subject
work. All the expenses to be incurred by contractor are required to be included to the extent
they are charged for to arrive the contract value i.e. transaction value. The applicable GST
shall be worked out on the transaction value only.
5)The benefit of Input Tax Credit (ITC) if any availed by the bidder shall be passed on to
TANGEDCO while quoting the price
6) The Tenderer’s shall quote the Unit price, with applicable rate of GST separately. A format
for price schedule is given in Schedule ‘A’.
7) The above breakup details should be clearly indicated in the Schedule-A, in the absence of
which the offer shall be liable for rejection.
8) It is the responsibility of the tenderer to make sure about the correct rates of GST leviable
on the materials/Work portion 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
Ltd will not be responsible for the mistake.
9) The tenderer should quote their rates taking into account the (Input Tax Credit (ITC) relief
available to them on account of GST already paid. A certificate to this effect may be
furnished along with the tender.

8.0) AMBIGUITIES IN CONDITIONS OF TENDERS:


1) In the case of ambiguous or contradictory terms / conditions mentioned in the bid,
interpretation as may be advantageous to the MTPS--II may be taken without any
reference to the Tenderer.
2) The tender offer shall contain full information asked for in the accompanying
schedules and elsewhere in the specification.
3) Tenderers shall bear all costs associated with the participation in the E -Tender
and the purchaser will in no case be responsible or liable for these costs.

4) No offer shall be withdrawn by the Tenderer in the interval between the deadline for
submission and the expiry of the period of validity specified / extended validity of the
tender offer.
5) The offers of the Tenderers with Deviations in Commercial terms and Technical Terms
of the Tender Document are liable for rejection.
6) No alternate offer will be accepted.
7) Board reserves the right not to accept the lowest or any tender.

9.0) Delivery period :


1) The Monitoring and Verification(M&V) Audit has to be conducted for the PAT Cycle-III
(2017-20) which ends on 31.03.2020 and M&V Audit and final report should be
submitted before 30.06.2020 to BEE for MTPS-II.
2) M&V Audit to be commenced within 7 days from the date of receipt of acceptance
order.

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3) Period of work is 8 days.
4) Draft final report shall be submitted within 5 days from the date of completion of M&V
Audit to the SE/O/MTPS II
5) Final report to be submitted within 5 days after incorporating the comments received
from field.
6) The overall period for completion of Monitoring & Verification Audit and submission of
draft and final report shall be 25 days from the date of taking over of site.
10.0) PAYMENT:
Payment for work against this order shall be made as follows: -
1) For the work done within delivery period:
100% of all inclusive price on submission of final M&V Audit Report accepted by
BEE,SDA and MTPS-II/TANGEDCO within a reasonable time will be paid against
submission of bills with required documents after deducting recoveries, if any.
2) For the work done beyond delivery period.
100% of all inclusive price on submission of final M&V Audit Report accepted by
BEE ,SDA and MTPS-II/TANGEDCO within a reasonable time will be paid against
submission of bills with required documents after deducting recoveries, if any.
3) For the delayed payments, if any, Board will not pay any interest
on any account.
4) No advance payment/payment thro’ Bank or against proforma invoice will be
made.
Note :- Payment for the work will be made by cheque on any one of the commercial Bank or
their branches in Tamil Nadu as may be decided by the TANGEDCO from time to time. Exchange
commission for issue of Draft will be to the account of the supplier.

11.0) SECURITY DEPOSIT:


1) The successful tenderer will have to pay a Security Deposit of 5% of the value of
the contract in the form of DD or Bankers Cheque payable at Mettur Dam and drawn in
favour of SE/P&A/MTPS-II.
2) The combined Security Deposit cum Performance Bank Guarantee shall be in the form of
Demand Draft / Banker’s Cheque / Irrevocable Bank Guarantee only in case P.O. value
exceeds Rs.10 lakhs.
3) The contract will become effective only if the S.D/ S.D cum PBG is paid. The S.D. / S.D
cum PBG shall be paid within 15 days from the date of receipt of the P.O.
4) The Board reserves the right to cancel the P.O. on failure to furnish the S.D. / S.D cum
PBG within the prescribed time limit with the forfeiture of E.M.D paid .
5) The Board also reserves the right to accept the belated payment of S.D. / S.D cum PBG
with levy of interest @ 22%.
6) Failure to comply with the terms regarding S.D/ S.D cum PBG set out in the contract order
within the stipulated time by the successful tenderer will entail in the cancellation of the
contract without any further reference to the supplier.
7) The S.D/ S.D cum PBG will be refunded to the supplier after the expiry of the guarantee
period ensuring that defects/ damages during the guarantee period are rectified /replaced. 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 law,
appropriate the whole or part of the security deposit and such amount that is appropriated
will not be refunded to the supplier.
8) When there is delay in supply, the Bank guarantee towards combined Security Deposit
cum Performance Guarantee shall be got extended suitably.
9) No tenderer is exempted from payment of combined Security Deposit cum Performance
Guarantee.
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12.0) LIQUIDATED DAMAGES:

The contractor shall complete the work as per the Schedule or extended
s c h e d u l e issued by the Engineer in Charge (EE/O&E/MTPS-II) in writing through
Email/SMS..Liquidated damages for delay in work shall be half percent (0.5%) of the
contract work value for each completed week of delay will be levied and the total shall not
exceed ten percent (10%) of the contract value so delayed. Liquidated damages will also be
recovered for the work not carried out as is done for the delay in completion of work.

13.0) GST TIN / IT PAN :


1) The latest GST Registration details / TIN details attested by a Gazetted Officer / Chartered
Accountant / Notary Public valid for the current year shall be enclosed along with the
quotation.
2) The photocopy of PAN Card issued by the IT department shall be enclosed along with the
quotation.
3) The tenderer shall furnish the TIN Number of the firm along with the proof in the tender.

14.0) VALIDITY :

14.1) The tender offer shall be kept valid for acceptance for period of 180 days from the
date of opening of offers. The offers with lower validity period are liable for rejection.

14.2) Further, the tenderer shall agree to extend the validity of the Bids without altering the
substance and prices of their Bid for further periods, if any, required by the TANGEDCO.

15.0) TEST CERTIFICATE: All relevant certificates of the firms/Persons such as valid
ISO/BIS/Accreditation certificates & Empanelled list for conducting M&V Audit to be
submitted.

16.0) GST:
16.1) (i) Any difference in duties due to coming over into different slab or due to statutory
variation, if any, during the execution of the contract will have to be taken into account and
the price shall be quoted accordingly by the tenderer. Any variation in GST shall not be
admitted.
ii) In case of delayed delivery, the duty/tax prevailing on the date of despatch or the
duty/tax 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.
iii) The GST will be admitted on submission of evidence for having paid the GST either
from Central Excise Authorities or from Chartered accountant.
iv) The GST particulars has to be mentioned while quoting the tender.
v) IMPACT OF GST: Any downward variation in basic price while reworking due to GST and
the benefit of Input tax credit must be passed on to TANGEDCO.

16.2) GST FOR SERVICES:


i) In certain cases though the service for which tender has been floated may be liable
for GST for services, but certain bidders may not quote GST for services, in their offer. In
that circumstances TANGEDCO may presume that the bidder may be under threshold
exemption limit or under any other exemption hence has not quoted GST for services. As
such their offer may be evaluated without GST for services. However, in the event of
placement of order, on the above bidder, an undertaking (as per Annexure V) shall be
obtained to that effect that they have not quoted GST for services, in view of the fact that
they are under the threshold exemption limit or any other exemption to be specified. They
must also undertake that no claim towards GST for services, shall be made till completion of
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the contract in the event of crossing their exemption limit at a later stage and any GST for
services, liability shall be discharged on their own Account to the GST for services,
authorities concerned.
ii) Reimbursement of GST for services, if any has to be mentioned.
iii) GST for services, reverse charges if any has to be mentioned

17.0) EVALUATION AND COMPARISION OF THE TENDER OFFERS:


17.1. The tenders will be evaluated strictly as per the Tamil Nadu Transparency in Tenders
Act, 1998 and the Tamil Nadu Transparency in Tender Rules, 2000 and its subsequent
amendments till date.
17.2. The tender offers received will be examined to determine whether they are in complete
shape, all required Data have been furnished, properly signed and generally in order and
conforms to all the terms and conditions of the Specification without any deviation.
17.3. For the purpose of evaluation of tender offers, the following factors will be taken into
account for arriving the evaluated price:
17.3.1 The quoted price will be corrected for arithmetical errors.
17.3.2 The rate of GST as applicable both in percentage and amount shall be indicated in
the offer.
17.3.3.The evaluated price shall be arrived in compliance with the provisions of GST on the
Transaction value i.e. (Basic price + GST).
17.3.4.Since GST is enacted wherein all taxes & duties are subsumed, price evaluation shall
be inclusive of applicable GST in all cases, i.e. even if the bidders are only within the State or
bidders are within & outside TN.

18.0) PRICE PREFERENCE:


No price preference shall be given for Domestic small scale Industrial units and for
the Public Sector undertaking of State Government (Viz. Govt. of Tamil Nadu) during
evaluation.

19.0) FORCE MAJEURE:


If at any time during the continuance of this contract performance in whole
or in part of any obligation under the contract shall be prevented or delayed by
reasons of any war hostility Acts of Public, enemy acts or Civil commotion, strikes,
lockouts, sabotages, fire, flood explosions, epidemics, quarantine restrictions or other
acts of God (hereinafter referred to as eventualities) then provided notice of the
happening of any such eventuality is given by the supplier to the Board within 15
days from the date of occurrence thereof neither party shall eventually be entitled
to terminate this contract nor shall have any claim for damages against the order in
respect of such non-performance of 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.
Provided that if the performance in whole or part by the supplier or any
obligation under this contract is prevented or delayed by reasons of any eventuality
for a period not exceeding 60 days, the Board may at its option terminate this
contract by notice in writing. The Board will also be at liberty to cancel the order if
the supply is not completed within the above accepted delivery period not
withstanding the liquidated damages applicable for the belated supplies.

20.0) JURISDICTION FOR LEGAL PROCEEDINGS:


No suit or any proceedings in regard to any matter arising in respect of this
contract shall be instituted in any Court, save in the High Court, Chennai or District
Court at Salem or sub-Court at Mettur Dam or at the District Munsif Court at Mettur
Dam . It is agreed that no other court shall have jurisdiction to entertain any suit
19
or proceedings even though part of the cause of action might arise within their
jurisdiction. In case, any part of the cause of action arise within the jurisdiction of
any other Courts in Tamil Nadu and rest within the jurisdiction of courts outside the state
of Tamil Nadu, then it is agreed to between the parties that such suits or proceedings shall
be instituted in a court within the State of Tamil Nadu and no other court outside the
State of Tamil Nadu shall have jurisdiction even though any part of the cause of action
might arise within the jurisdiction of such Courts.
The successful tenderer shall furnish an undertaking as per Annexure-III in a non-
judicial stamp paper of Rs.80/- agreeing to the above condition.

21.0) DUES TO THE BOARD:


The Board is empowered :
1) To recover any dues against this contract in the Bills/Security deposit/Earnest Money
Deposit due to the suppliers either in this contract or any other contracts with Board.
2) To recover any dues against any other contract of the suppliers with Board, with the
available amount due to the suppliers against this contract.
3) To recover the difference in cost of the item, between the price offered by the failed
tenderer and the Prospective new tenderer becoming lowest bidder in a fresh P.O
issued for the same item subsequently.
22.0) RIGHTS OF THE BOARD:
22.1) Not withstanding anything contained in this Specification, the TANGEDCO reserves the
rights:
i) to vary the quantity finally ordered to the extent of 25% indicated in the Tender
document.
ii) to split the Tendered Quantity and place orders on one or more than one firm as per the
Tamil Nadu Transparency in Tender Rules 2000 since the tendered material is so vital in
nature and the failure in supply would affect the public interest.
iii) to recover losses , if any, sustained by TANGEDCO, from the supplier who pleads his
inability to supply and backs out of his obligation after award of contract. The security
deposit paid shall, be forfeited.
iv) to cancel the orders for not keeping up the delivery schedule.
v) to vary the delivery period based on the requirement and contingencies at the time of
placing the Rate contract.
vi) to accept the lowest eligible tender.
vii) to reject any or all the tenders or cancel without assigning any reasons therefor.
viii) to relax or waive or amend any of the conditions stipulated in the tender Specification
wherever deemed necessary in the best interest of the TANGEDCO.
22.2) MTPS-II/TANGEDCO reserves the right to request for any additional information and
also reserves the right to reject or accept the proposal of any tenderer, if in the opinion
of the purchaser, the qualification data is incomplete or in the opinion of the
TANGEDCO the bidder is found not qualified to satisfactorily perform the contract.

23.0)VENDOR RATING:
TANGEDCO will verify the vendor rating of the bidders from selected Thermal Power
stations. In case the vendor rating is not satisfactory, their offers will not be considered for
further processing and will be rejected.

24.0) NEGOTIATION:
Negotiation will be carried out with the L1 tenderer after opening of tenders.
25.0) INSURANCE:
1) It is incumbent on the part of the contractor to see that it shall be his sole responsibility to
protect the public and his employees, against any accident, theft for any cause and he shall
indemnify the TANGEDCO property resulting from any such accident and shall also where the

20
provisions of Workmen’s Compensation Act apply take steps to properly insure against any
claims there under by way accident, risk insurance demand for all purposes of relief.
2) The CONTRACTOR should satisfy the respective field Superintending Engineer that an
‘Accident risk insurance policy’ is taken before taking over the site for taking up the work and
also to satisfy the field Superintending Engineer, that the policy/policies is/ are kept in force
till the contract is completed and the works are taken over by the PURCHASER, on the issue
of an completion certificate.
3) Recoveries will be made from CONTRACTOR’s bills for any liability for the accidents and
refund of the same, considered later after the claims is fully settled by the insurance
authorities.
4) The CONTRACTOR shall insure all his plants and materials against all possible risks
including Transit Insurance or loss (or) damaged from whatsoever causes. The rates quoted
shall be inclusive of this.
26.0) INCOME TAX:
Income Tax will be recovered from the contractors every running bill at the prevailing rate of
tax in force with amendments issued from time to time as per the Income Tax Act.
27.0) TENDER AND AGREEMENT:
1) The fact of the submission to the TANGEDCO of tender shall be deemed to constitute an
agreement between the tenderer and the TANGEDCO where by such tender shall remain
open for acceptance by the TANGEDCO. If the tenderer be notified that his tender is
accepted by the TANGEDCO, he shall be bound by the terms of the agreement constituted by
the tender and such acceptance there of by TANGEDCO, until a formal contract of the same
tender has been executed between him and the TANGEDCO in replacement of such
agreement the stamp duty payable to this agreement shall be borne by the successful
tenderer.
2) The written agreement to be entered into between the contractor and the TANGEDCO on
non-judicial stamp paper of Rs. 20.00 in the standard form the (cost of stamp paper being
borne by the successful tenderer) shall be the foundation regarding the rights of both the
parties and the contract shall not be deemed to be completed until the agreement has first
been signed by the contractor and then by the proper officer authorized to enter into
contract on behalf of the TANGEDCO. Failure to enter into the required agreement within the
prescribed time limit shall be entitled for forfeiture of the EMD paid by him.
3) This security deposit together with the Earnest Money and the amount with held
according to clause (68) of standard preliminary specification of Tamil Nadu detailed
standard specification shall retained as security for the due fulfillment of contract. While the
contractor makes cash security deposit he shall follow the procedure laid down in the
payment of Earnest money and such deposit will not bear any interest.
4) The security Deposit is refundable after satisfactory completion of contract, failure to
enter into the required agreement or to make the security deposit as defined shall entail
forfeiture of the earnest money deposited by him.
5) The security deposit shall be retained as security for the due fulfillment of the contract
and this amounts will not bear any interest. The security deposit may be paid in
cash/demand draft/Bankers cheque mentioning the specification Number. to the Financial
Controller/MTPS-II/Mettur Dam – 06.
6) Upon complete fulfillment of the contract by the contractor to the full satisfaction of the
department or any officer duly authorized by them, the SD collected shall be returned to him
after the final bill is paid less the amount due by the contractor, if any as per the tender
conditions and terms of standard specification of Tamil Nadu public works department.

28.0) K2 CONTRACT:

This will be a K2 contract generally governed by the Tamil Nadu Building practice of the
Tamil Nadu Public works department. If there is any variation between the clauses stipulated
21
in this specification TANGEDCO clause would hold good. In case of any conflict between any
clauses in specification and of schedule, TANGEDCO clause will hold good.

For commercial conditions not specifically stipulated in this specification TANGEDCO


clause will hold good, except that the word TANGEDCO shall be substituted for word
'GOVERNMENT
29.0) FAILURE TO EXECUTE THE CONTRACT:
Contractors failing to execute the order placed on them to the satisfaction of the
TANGEDCO under the terms and conditions setforth 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 penalty under the Liquidated Damages clause.

30.0) NON-ASSIGNMENT:
The supplier shall not assign or transfer the contract or any part thereof without the
prior approval of TANGEDCO.
31.0) EFFECTING OF RECOVERIES:
Any loss, arising due to non-fulfillment of this contract or any other contract, will be
recovered from the Security Deposit held and / or any other amount due to the supplier from
the TANGEDCO/TANTRANSCO from this Contract as well as from other contracts.
32.0) ARBITRATION ACT NOT TO APPLY:
TANGEDCO will not accept arbitration in case of disputes arising in any respect under
this contract. Any dispute arising out of this contract shall not be subject to arbitration under
the provision of Arbitration Act 1940 or any other enactment in replacement thereof in the
event of any dispute between the parties.
33.0. LIABILITY FOR ACCIDENT TO PERSONS:
The contractor shall indemnify and save harm to the purchaser against all actions, suits,
claims, demands, cost of expenses arising in connection with injuries suffered, prior to the
date when the works or plant shall have been taken over, the person employed by the
contractor or his sub-contractor on the works whether under the General laws or under the
workmen's compensation act 1923, or any other status in force at the date of the contract
dealing with question of liability of employee for injuries suffered by employees and to have
taken steps properly to insure against any claims hereunder.
On the occurrence of an accident which result in the death of the workmen employed by the
contractor or which is due to the contract work and so serious as to be likely to result in the
death of any such workmen the contractor shall within 24 Hrs. of happening of such accident
intimate in writing to the concerned Engineer and such officer required by the provision of
workmen's compensation act the fact of such accident. The contractor shall indemnify the
TANGEDCO resulting directly or indirectly from his failure to give intimation the manner
aforesaid including the penalties or fines, if any payable by the TANGEDCO as a
consequence, of the TANGEDCO failure to give notice under the provision of the said act in
regard to such accident.
In the event of any claim being made or action brought against the purchaser involving the
contractor and arising out of the matters referred to an in respect of which the contractor
conduct all negotiations for the settlement of the same or any litigation that may arise
thereof from. In such cases the purchaser shall at the expenses of the contractor afford all
available assistance for any such purpose.
In the event of accident in respect of which compensation may become payable under
workmen's compensation act III of 1923 and any subsequent amendment thereof whether
by the contractor or by the TANGEDCO, as principal, it shall be lawful for the Engineer to
retain in out of moneys due and payable to the contractor such sum or some of money as
may, in the opinion of the said Engineer be sufficient to meet such liability. The opinion of
the Engineer shall be final in regard to all matters arising under clause and will not subject to
any arbitration.
1) Liability for damage or loss to third party including inspection of officers due to act of
22
the contractor or his plant or sub-contractor connected with the execution of this contact
shall be fully borne by the contractor. The contractor shall maintain such detailed records to
furnish information regarding entertainment and discharge of all workmen employed under
this contract as to be adequate for the timely and full settlement of claims under the
workmen compensation act. All cases of accidents or injuries shall be reported to the
Engineer with all workmen's compensation act.
2) The contractor should report above all accidents within 24 hrs. to the Engineer of the
TANGEDCO in the preliminary accident form. He should furnish other particulars such as
medical certificates, wages particulars, witness certificates, proof of having paid the
compensation fixed by the TANGEDCO etc. in due course without delay.
34.0) LIABILITY FOR DAMAGE TO WORKS OR PLANTS:
The contractor shall during the progress of the work, properly cover up and protect the work
and plant from injury by exposure to the weather and shall take every reasonable proper
timely and useful precaution against accident or injury to the same, from any cause and shall
be and remain answerable and liable for all accidents of injuries there to which until the
same, of occasioned by the acts or commissions or the contractor or his workmen or his sub-
contractor and all the losses and damages to the works or plant arising from such accident or
injuries as aforesaid shall be made good in the most complete and sub-spatial manner by the
and at the sole cost of the contractor and to the reasonable satisfaction of the Engineer
should such loss or damage happen to units or works or plant or materials falling outside the
scope of this contract and due to the contract, these shall be replaced or compensated for by
the contractor to the satisfaction of the Engineer.
35.0) SUSPENSION OF WORK:
The Engineer may from time to time by direction in writing for any valid reasons, without in
any way violating this contract, direct the contractor to suspend the work or any part thereof,
at such time to time and so far so long as the Engineer may deem desirable and the
contractor, shall not after receiving such written notice proceed with the works there in
ordered to be suspended until he shall have received written notice or authority to the effect
from the Engineer. The contractor shall not be entitled to claim from the purchaser any
compensation for any loss or damage sustained by him by reasons of the suspension of
works as afore said.
36.0)THE COMPLIANCE OF EPF & ESI ACT:
1). Since Mettur Thermal Power station-II is covered under the EPF & ESI Act, the
Contractor who desires to take up works contract for & inside the premises of MTPS-II is
required to comply with all the relevant provisions stipulated in the EPF & ESI Act.
2). The Contractor should have taken separate EPF & ESI main code number. The EPF main
code number can be obtained from the Assistant Provident Fund Commissioner / Salem and
the ESI main code number can be obtained from the ESI Authorities Salem.
3). The Contractor shall be responsible for the payment of necessary EPF & ESI
contributions - both Employer’s and Employee’s contributions as per the provisions of the EPF
& ESI Act in respect of the actual workers engaged for the specified works.
4). The Contractor shall submit necessary returns to the EPF office & ESI corporation within
the stipulated time as required under the said EPF & ESI Act.
5). The contractor shall produce the proof of payment of contributions - both Employer’s
and Employee’s contributions made to the EPF office & ESI corporation in order to claim the
bills for the respective work at MTPS-II.
6). The contractor shall be fully liable to meet and fulfill all the relevant provisions of the EPF
& ESI Act in respect of the execution of the Tendered work.
7). In case the contractor fails to fulfill any of the statutory provisions of the EPF & ESI Act
and consequently it happens that TANGEDCO Ltd., has to meet such requirements of the
said Act or Statutory Provisions in the capacity of Principle Employer, TANGEDCO Ltd., shall
make such good requirements out of money due & payable to the said contractor and further
the performance of the said contractor in this regard will be noted for all future contracts of
TANGEDCO Ltd.,.
Compliance of EPF & ESI does not arise, if contract labours are not engaged for their
work.
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37.0) CAUTION:
1) Specific concurrence or otherwise to all the terms noted herein should be furnished in
the tender. Failure to do so will be taken as concurrence to the terms.
2) 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 or 1% of
the P.O. value will be levied as penalty in addition to blacklisting them for future tenders /
contracts in Tamilnadu Electricity Board.
3) The Guidelines issued in Tamil Nadu Transparency in Tenders Act 1998 and Tamil
Nadu Transparency in Tender Rules 2000 will be followed.
38.0) Safety conditions :
1) All the works have to be executed only in the presence of supervisors engaged by the
contractor as well as the department personal.
2) All the relevant personal protective equipment’s like safety helmets, safety shoes,
safety belt, goggles, nose mask, face mask, dust respirator, asbestos suit, apron, leg
guards, rubber gloves, face shield, hand gloves, ear plug, ear muff, welding screen,
fall net etc., depending upon working condition and nature of job / work should be
supplied by the contractors to their workmen and to be ensured for proper usage by
their workers without fail.
3) The contractor shall not allow his workmen to wear loose garments, like lungies,
dhotis, watches, loose jewels and bangles etc., while at work and smoke cigarette,
beedies etc., inside the power house premises.
4) The contractor shall ensure that his workmen to wear tight full pant and
workwomen to wear overcoat while at work inside the power house p remises.
5) No workmen below the age of 18 year should be engaged by the contractor for
any works and no women workers shall be allowed to work in night hours except
between the hours of 6 A.M and 7 P.M inside MTPS-II.
6) The work should be done carefully by observing all safety precautions. The Contractor is
advised to take utmost care for the protection of their men and materials.
11) EPF and ESI coverage should be taken for each & every contract worker, while attending
any work in the plant.
12) No compensation will be paid by TANGEDCO on account of any accident to men (or) loss
of materials. Any accident occurred should be reported to the officer in charge immediately in
the prescribed format in accordance with the Factories act, 1948.
13) The contractor shall indemnify TANGEDCO against all actions, suits, claims, compensation
towards accidents/death, cost of expenses arising in connection with injuries suffered by
persons employed by the contractor whether under the general law or under the workmen
compensation Act 1923, or any other statutory in force during the period of contract and to
undertake steps properly to insure against any claims there under.
14) On the occurrence of accident which may result in the death of any workman employed
by the contractor or which is due to the contract work and so serious as to be likely to be
result in the death of any such workman, the contractor shall intimate within 24 hours of
happening of such accident in writing the fact of such accident to the Superintending
Engineer/ Operation, MTPS-II, who is the Factory manager and such officers required by the
provision of the workmen compensation Act or any other statutory in force. The contractor
shall indemnify resulting directly or indirectly from his failure to give intimation in the manner
aforesaid including the penalties or fines, if any payable by TANGEDCO as a consequence of
Tamil Nadu Generation and Distribution Corporation Limited’s failure to give notice under the

24
provision of the said act or other wise to confirm the provision of such act in regard to such
accident.
15) In the event of accident of which compensation may become payable under workman
compensation act VII of 1923 and subsequent amendment thereof or any other statutory in
force whether by the contractor or by the Tamil Nadu Generation and Distribution
Corporation Limited as principal employer, it shall be lawful for the Superintending Engineer
to retain out of the money due and payable to the contractor such sum or sum of money as
may be in his opinion be sufficient to meet such liability.
16) The contractor should furnish the copies of FIR, Post mortem report in case of fatal
accidents and Medical fitness certificates in case of non-fatal accidents immediately. The
contractor should furnish proof for having paid the compensation as fixed by the Deputy
Commissioner of Labour in accordance with the provisions of the Workmen compensation act
or any other statutory in force.
17) The contractor shall possess valid Labour License in accordance with the Contract
Labour act 1970 and the interstate migrant workmen act 1979. The contractor shall not
engage workers exceeding the maximum number of workmen specified in the License.
18) For any safety violation and non-compliance of the statutory acts and rules prescribed
respectively under Factories act 1948 and TN Factory Rules 1950 made there under the
contractor is solely liable for the imposition of penalty. It is to be clearly understood by the
contractor that as per the section 101 of the Factories Act, where the occupier and or the
manager of MTPS-II is charged by the officials of the Factories Inspectorate with offence
punishable under the Factories Act 1948 and TN Factory Rules 1950 for any safety violation
by the contractor and his workmen while working, the concerned contractor shall be charged
as the actual offender and brought before the court at the time appointed for hearing the
charge and shall be convicted of the offence and the Occupier and the Manager of MTPS-II
will be discharged from liability under this Act, in respect of such offence.
39.0) INDEMNITY BOND:

The contractor shall indemnify the TANGEDCO as per the proforma below:-

Agreement Number:

Name of Work :
1/We.......................................……………Contractor(s)........................…………………………
………

………………………………………………………………………………………… (Address) do
hereby indemnify the TANGEDCO against any item for damages or injury to persons or
property resulting from any accidents and where provisions of workmen compensation Act
can apply and take steps to properly insure against any claims there under. The value of
non-judicial stamp paper in Rs.80/- (Rupees eighty only) for executing the Indemnity Bond
40.0) GENERAL: All rules and provisions as per GST Act is applicable.

Sd/- on 28.04.2020
CHIEF ENGINEER/MTPS-II.

25
SCHEDULE-B

TENDER ACCEPTANCE LETTER


To be signed with company seal on letter head and uploaded in the technical Bid
To be given on Company Letter Head)
To, Date:

----------------------------------
Sub: Acceptance of Terms & Conditions of Tender.
Tender Reference No: ------------------------
Name of Tender/Work:
Dear Sir,
1. I/We have downloaded / obtained the tender document(s) for the above mentioned
‘Tender/Work’ from the web site(s) namely:
2. ---------------------------------------------------------------------------------------------------
As per your advertisement, given in the above mentioned website(s).
2. I/We hereby certify that I/We have read the entire terms and conditions of the tender
documents from page No.------ to --------(including all documents like annexure(s),
schedule(s), etc.,) which form part of the contract agreement and I/We shall abide hereby
the terms / conditions / clauses contained therein.
3. The corrigendum(s) issued from time to time by your department/ organization too has
also been taken into consideration, while submitting this acceptance letter.
4. I/We hereby unconditionally accept the tender conditions of above mentioned tender
document(s) corrigendum(s) in its totality / entirety.
5. In case any provisions of this tender are found violated, then your
department/organization shall without prejudice to any other right or remedy be at liberty to
reject this tender/bid including the forfeiture of the full said earnest money deposit
absolutely.

Yours Faithfully,

(Signature of the bidder, with official Seal)

26
SCHEDULE-C
QUESTIONNAIRE FORM

INSTRUCTIONS:
a) Strike off, whichever is not applicable.
b) Separate sheets should be used, wherever necessary:

Sl. No. PARTICULARS Bidder’s Response


1. Name & Address of the Firm / Company
(a) Registered Office Address
(b) Factory / Works address
(c) Phone No.
(d) Fax No.
(e) E-mail Address
(f) GSTIN No.
(g) PAN No.
2. Name, Designation & Address of the person signing the
tender
3. EARNEST MONEY DEPOSIT
a)Mode NEFT/RTGS/Bank
Account Transfer
/PEMD
Rs. /-

b) Whether Uploaded the e-Receipt containing unique


Transaction reference (UTR) / Bank Account Scroll in case of YES/NO
Account transfer from same Bank.
4. BID QUALIFYING REQUIREMENTS
i) whether required copies for satisfying BQR are uploaded YES / NO

ii) Whether the above evidences are attested by Notary YES / NO


Public/Gazetted Officer
5. VALIDITY
Whether your offer is valid for a period of 180 days from the YES / NO
date of opening of Techno Commercial Cum Price Bid
6. PRICE
i) Whether the price quoted is FIRM for a period till YES / NO
completion of contract
ii) Whether the break ups for the quoted Unit Price have been YES / NO
mentioned in Schedule-A of the Specification
a)Individual rate for each item YES / NO

iii) GST in % CGST :


SGST :
iv) HSN/Account Code of Service (SAC)
Note: The above break-up details should be furnished clearly
without any ambiguity failing which the offer is liable for
rejection
7. PAN, EPF,ESI AND GSTIN
whether proof of PAN number uploaded YES / NO
whether proof of EPF number uploaded YES / NO
whether proof of ESI number uploaded YES / NO
27
whether proof of GSTIN number uploaded YES / NO
8. COMMERCIAL TERMS
WHETHER YOU ARE AGREEABLE FOR THE FOLLOWING
CLAUSES SPECIFIED IN SECTION IV OF TENDER
SPECIFICATION
a) Payment terms (clause 6) YES / NO
b) Period of Contract (clause 8) YES / NO
c)Liquidated Damages (Clause 5) YES / NO
f) Security Deposit (clause 4) YES / NO
9. TENDER ACCEPTANCE LETTER
Whether Tender acceptance letter as per Schedule, E- signed YES/NO
with company Seal on letter head and uploaded in the
technical Bid

SIGNATURE OF THE TENDERER:


DATE: NAME:
PLACE:
STATUS IN THE COMPANY
(Affix seal of the company)

UNDERTAKING
I, , Sole proprietor of M/s. , hereby state that
the details given in the above questionnaire form are correct to the best of my knowledge and I agree
to abide by all your tender terms and conditions.

SIGNATURE OF THE TENDERER:

DATE: NAME:

PLACE:
STATUS IN THE COMPANY (Affix seal of the company)

28
ANNEXURE-I

INDEMINTY BOND

NAME OF WORK:

I/ We (Contractor)
(Address
do here by indemnify TANGEDCO against any loss or damages or injury to person (or )
property resulting from any accident and provisions of workmen’s compensation act and
will take steps to properly insure against any claim .

Signature of the contractor


Date:
Seal :

29
ANNEXURE - 2

FORMAT FOR UNDERTAKING IN LIEU OF PAYMENT OF EMD


in Rs.100.00 Stamp paper

THIS UNDERTAKING executed at................................on this the ..................... day of


.................... Two Thousand and Ten by M/s. ..............................a company registered under
companies Act, 1956, having its registered office at ........................................herein-under called the "
Tenderer " to and in favour of the TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION
LIMITED, a body corporate constituted under the Electricity Act 2003 (Central Act 36 of 2003), having
its office at NPKRR MAALIGAI, Electricity Avenue, 144, Anna Salai, Chennai - 600 002 represented by
................hereinafter called the "TANGEDCO Limited”.

WHEREAS the contract is for the supply / erection / construction etc. in terms of the Tender
Specification No............../ dt. . . . . .AND WHEREAS in accordance with Clause
.......................of the above said tender specification, the tenderer has to furnish E.M.D. of
Rs............(Rupees .......... .............. ............... ....... only) and WHEREAS the tenderer has requested
the TANGEDCO Limited to accept an undertaking in lieu of payment in cash of the E.M.D. and
WHEREAS the TANGEDCO Limited has accepted the request of the tenderer subject to executing an
undertaking to pay to the TANGEDCO Limited not exceeding Rs........... (Rupees
....................................... only) representing the E.M.D. together with costs in case of non fulfillment of
the conditions stipulated in the Tender specification or the conditions stipulated in the contract by the
Tenderer.
IN CONSIDERATION of the TANGEDCO Limited having agreed to accept an undertaking from the
tenderer in lieu of payment of E.M.D. in cash, the tenderer undertakes to pay the sum of
Rs..........(Rupees............................................. only) immediately when a demand is raised by the
TANGEDCO Limited against the tenderer without any demur in the event of the following :

i) If he withdraws his tender or backs out after acceptance of the tender or fails to remit the Security
Deposit.
ii) If he revises any of the terms quoted during the validity period, without specific request by the
TANGEDCO Limited.
iii) If he violates any of the conditions of the Tender Specification No................... dated.............
iv) If, the documents furnished with the offer being found to be bogus or the documents contain false
particulars.

NOW THE CONDITION OF THE ABOVE WRITTEN UNDERTAKING is such that if the tenderer shall duly
and faithfully observe and perform the terms and conditions specified in terms of the above, then the
above written undertaking shall be void, otherwise the same shall remain in full force. The tenderer
undertakes not to revoke this guarantee till the contract is completed under the terms of contract. The
expression, "Tenderer' and " the TANGEDCO Limited" before used hereafter shall include their respective
successors and assign in office.

IN WITNESS WHEREOF THIRU.........................for and on behalf of the tenderer has signed this
undertaking on the day, the month and year first above written.

In the presence of Witnesses :


(with complete address)

1. SIGNATURE :

2. NAME IN BLOCK LETTERS :

3. SEAL OF THE COMPANY :

30
ANNEXURE - III

Spec.No. CE / MTPS II / SE / O / OT. NO:01/ 2020 -2021

UNDERTAKING TOWARDS JURISDICTION OF LEGAL PROCEEDINGS

This undertaking executed at ………………..on this ………………….(Date) ……………..


(Month) two thousand and Seventeen by M/s………………………………. registered under
Companies Act, 1956 having its registered office at ……………………………… herein after called
the contractor (which expression shall where the context so admits mean and include its
successors in office and assigns) with the TANGEDCO a statutory authority, a body corporate
constituted as per provision of G.O.MS.No.100, dt.9.10.2010, having its registered Office at
No.144, Anna Salai, NPKRR Maaligai, Chennai - 600 002 herein after called the purchaser
(Which expression shall where the context so admits means and includes its successors in
Office and assigns.)Dated

WHEREAS the contract is for the supply of………………………of terms of the Rate
Contract Order No…………………Dated:………………
AND WHEREAS in accordance with Clause………………………of the above said P.O. certain
terms were stipulated for the above supply.

AND WHEREAS in accordance with Clause........ of the above mentioned Rate Contract
Order the contractor has to furnish an undertaking that no suit or any proceedings in regard
to any matter arising in any respect under this contract shall be instituted in any court other
than in the High Court, Chennai City Civil Court of Chennai or other Court of small causes at
Chennai, as the case may be.

IN CONSIDERATION of the TANGEDCO having agreed to accept the undertaking the


Contractor hereby undertakes that no suit or any proceedings in regard to any matter arising
in respect of this contract shall be instituted in any Court, save in the High Court, Chennai
City Civil Court at Chennai or at the Court of small causes at Chennai. It is agreed that no
other court shall have jurisdiction to entertain any suit or proceedings, even though, part of
the cause of action might arise within the jurisdiction of any of the Courts in Tamil Nadu and
rest within the jurisdiction of Courts outside the Tamil Nadu, then it is agreed to between the
parties that such suits on proceedings shall be instituted in a Court within the State of Tamil
Nadu and no other Court outside the State of Tamil Nadu shall have jurisdiction even though
any part of the cause of action might arise within the jurisdiction of such Courts.

INWITNESSWHEREOF of Thiru..................................................................................
of M/s. .............................................................................. hereby put his hand and seal
for due observance of the Undertaking in the presence of the following witnesses.

Company Seal :
In the presence of witnesses Signature :

1. Name :
Designation :
2. Company :
Date :

31
ANNEXURE-IV

UNDERTAKING TOWARDS GST


(in non-judicial Rs.80/- stamp paper)

THIS UNDERTAKING executed at …………………………..on this ………………………….. day


of ……………… ………….. By M/s. ……………………………… a company registered under
companies Act, 1956, having its registered office at …………………………….herein-under called
the “Tenderer” to and in favour of TAMIL NADU GENERATION & DISTRIBUTION
CORPORATION LIMITED, GSTIN 33AADCT4784EIZC, a subsidiary of TNEB Limited,
formed on 1st November 2010 under section 131 of the Electricity Act of 2003 and is the
successor to erstwhile TAMILNADU ELECTRICITY BOARD, having its office at NPKRR
MAALIGAI/ ELECTRICITY AVENUE, 144, ANNA SALAI, CHENNAI – 600 002 represented by
……………………………………hereinafter called the TANGEDCO.
WHEREAS the contract is for the works in terms of the TENDER SPECIFICATION
NO……………../2020-21.
We hereby declare and confirm that we are registered vendor under GST Act having
GSTIN……………………………..in state of……………………………. Our applicable GST% for the
above reference job is under code………………………..
We hereby declare and confirm that we are unregistered vendor under GST Act being
turnover is less than Rs…………… Lakhs (being threshold limit) per annum (for unregistered
vendor the vendor has to submit an affidavit in the enclosed format).
We hereby declare and confirm that we are registered vendor under composite
scheme having GSTIN.
We are aware that as per sec 171 of CGST Act, any reduction in rate of tax on any
supply of goods or services or the benefit of input tax credit should be passed on to
TANGEDCO by way of commensurate reduction in prices and as such we hereby declare that
we are extending ………….. % as rebate in my awarded price against input tax credit
benefit.
We are aware that as per sec 171 of CGST Act, any reduction in rate of tax on any
supply of goods or services or the benefit of input tax credit should be passed on to
TANGEDCO by way of commensurate reduction in prices and as such we hereby declare that
we do not have any input tax credit benefit on account of GST applicable against this
job. If it is established that we have availed input tax credit benefit against this job, the
differential tax benefit will be returned to TANGEDCO failing which TANGEDCO may take
appropriate action.
Signature of bidderSignature
with Company
NotSeal.
Verified
Digitally signed by K KARTHIGA
Date: 2020.05.11 16:18:17 IST
Note: Bidder may strike out the paragraph which is not applicable
Location: Tamil Nadu-TN

32

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