Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                

Tamil Nadu Generation and Distribution Corporation Limited: Website For Online Bid Submission: Https://tntenders - Gov.in

Download as pdf or txt
Download as pdf or txt
You are on page 1of 47

TAMIL NADU GENERATION AND DISTRIBUTION

CORPORATION LIMITED

TENDER SPECIFICATION FOR ENGAGING A CONTRACTOR FOR WORKS CONTRACT

NCTPS II - M II Circle - TM Dn - ACS .SDn III – Debris Filter - Unit-I & II – Reconditioning of
condenser debris filter top gear box and worm planetary gear box during AOH / COH for the
year 2024-25.

THROUGH E-TENDERING
(Through NIC Platform)

SE/MECH-II/O&M/ NCTPS-II/ 10/24-25

OFFICE OF THE SUPERINTENDING ENGINEER


NORTH CHENNAI THERMAL POWER STATION – II
CHENNAI – 600 120

Service Provider: NIC limited


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

1
INSTRUCTIONS FOR ONLINE BID SUBMISSION:

Bidders are requested to read the terms & conditions of this tender before
submitting their online bids. Bidders who do not comply with the conditions
with documentary proof (wherever required) will not qualify for opening of
price bid. In this document the terms “bidders” and “vendors” mean the one
and same.

The bidders are required to submit soft copies of their bids electronically on the
TAMILNADU GOVERNMENT E PROCUREMENT Portal, using valid Digital Signature
Certificates. The instructions given below are meant to assist the bidders in registering on
the TAMILNADU GOVERNMENT E PROCUREMENT Portal, prepare their bids in accordance
with the requirements and submitting their bids online on the TAMILNADU GOVERNMENT E
PROCUREMENT Portal. More useful information for submitting online bids on the
TAMILNADU E GOVERNMENT PROCUREMENT Portal may be obtained at : https:
//tntenders.gov.in

A.REGISTRATION:
Bidders are required to enroll on the e-Procurement module of the Tamil Nadu
Government E procurement Portal (URL: https://tntenders.gov.in )

1 By clicking on the link “Online bidder Enrollment” on the TAMILNADU


GOVERNMENT E -PROCUREMENT Portal which is free of charge.

2 As part of the enrolment process, the bidders will be required to choose a unique
username and assign a password for their accounts.

3 Bidders are advised to register their valid email address and mobile numbers as part of
the registration process. These would be used for any communication from the
TAMILNADU E PROCUREMENT Portal.
4 Upon enrolment, the bidders will be 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.
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.
6 Bidder then logs in to the site through the secured log-in by entering their user ID /
password and the password of the DSC / e-Token.

B. SEARCHING FOR TENDER DOCUMENTS:


1) There are various search options built-in in the TAMILNADU GOVERNMENT E-
PROCUREMENT Portal, to facilitate bidders to search active tenders by several
parameters. These parameters could include Tender ID, Organization Name, Location,
Date, Value, etc. There is also an option of advanced search for tenders, wherein the
bidders may combine a number of search parameters such as Organization Name, Form
of Contract, Location, Date, Other keywords etc. to search for a tender published on the
TAMILNADU GOVERNMENT E - PROCUREMENT Portal.
2) Once the bidders have selected the tenders they are interested in, they may download

2
the required documents / tender schedules. These tenders can be moved to the
respective „My Tenders‟ folder. This would enable the TAMILNADU GOVERNMENT E-
PROCUREMENT Portal to intimate the bidders through SMS / e-mail in case there is any
corrigendum issued to the tender documents.
3) 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.

C. PREPARATION OF BIDS:

1 Bidder should take into account any corrigendum published on the tender document
before submitting their bids.
2 Please go through the tender advertisement and the tender document carefully to
understand the documents required to be submitted as part of the bid. Please note the
number of covers in which the bid documents have to be submitted, the number of
documents - including the names and content of each of the document that need to be
submitted. Any deviations from these may lead to rejection of the bid.
3 Bidder, in advance, should get ready the bid documents to be submitted as indicated in
the tender document / schedule 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.

One hard copy of the electronically submitted bid documents along with original
bond/NJS wherever applicable shall have to be Submitted to the SE/ M
II/NCTPS-II within three days after opening of the E-tender.

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.
However, applicable BQR evidences must be submitted as per Tender
Specification.

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.

D. ELECTRONIC SUBMISSION OF BIDS:


The bidder shall submit online the requirements under qualification criteria and
technical documents required and SCHEDULE OF PRICE /BOQ vide SCHEDULE-A.
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 acknowledgment of bid
submission.

3
E. PROCEDURE FOR SUBMISSION OF BIDS:
1) Bidder should log- in to 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.

2) The bidder has to digitally sign and upload the required bid documents one by one as
indicated in the tender document.

3) Bidder has to select the payment option as “online” to pay the tender fee / EMD as
applicable and enter details of the instrument.

i. The online payment Gateway has been enabled for TANGEDCO in TN Tenders portal
(www.tntenders.gov.in). The payments for the tenders like EMD will be carried out by
the Bidders only through online payment mode.

ii. The EMD amount should be the exact amount and no excess or less amount should be
transferred through online payment gateway. If excess or short, the tender status
will be shown as invalid.

iii. If submitting EMD as BG/PEMD/Udayam(SSI) (as mentioned in the specification), then


select the exempted from EMD payment as “YES”. Then upload the EMD exemption
documents only in “pdf” files.

iv. The bidder has to submit the tender document online well in advance before the
Prescribed time to avoid any delay or problem during the submission process.If there is
any delay, due to other issues, bidder only is responsible.

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.

5) Bidders are requested to note that they should necessarily submit their financial bids in
the format provided and no other format is acceptable. If the price bid has been given
as a standard BoQ format with the tender document, then the same is to be
downloaded and to be filled by the bidder. Bidders are required to download the BoQ
file, open it and complete the white coloured (unprotected) cells with their respective
financial quotes and other details (such as name of the bidder etc). No other cells
should be changed. Once the details have been completed, the bidder should save it
and submit it online, without changing the filename. If the BoQ file is found to be
modified by the bidder, the bid will be rejected.

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) 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.
4
Further this key is subjected to asymmetric encryption using buyers/bid openers public
keys.

8) The uploaded bid documents become readable only after the tender opening by the
authorized bid openers.

9) Upon the successful and timely submission of bids (ie 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.

10) The bid summary has to be printed and kept as an acknowledgement of the submission
of the bid. This acknowledgement may be used as an entry pass for any bid opening
meetings.

11) In all cases, bidder should use their own ID and Password along with Digital
Signature certificate at the time of submission of their bid.

12) During the entire e-tender process, the bidders will remain completely anonymous to
one another and also to everybody else.

13) The e-tender floor shall remain open from the pre-announced date & time and for as
much duration as mentioned above.

14) All electronic bids submitted during the e-tender process shall be legally binding on the
bidder. Any bid will be considered as the valid bid offered by that bidder and
acceptance of the same by the Buyer will form a binding contract between Buyer and
the Bidder for execution of supply.

15) It is mandatory that all the bids are submitted with digital signature certificate
otherwise the same will not be accepted by the system.

16) TANGEDCO reserves the right to cancel or reject or accept or withdraw or extend the
tender in full or in part as the case may be without assigning any reason thereof.

17) The server time shall be treated as final and binding. Bids recorded in the server before
the bid closing time will only be treated as valid bid. Bidders are, therefore, advised to
submit their bids well before the closing time of e-tender. If any bid reaches the
server after the bid closing time as per server time, the same will not be recorded and
no complaint in this regard shall be entertained. The Tender Inviting Authority
(TIA) will not be held responsible for any sort of delay or the difficulties faced during
the submission of bids online by the bidders due to local issues.

18) Bidders are advised to exercise caution in quoting their bids in e-tender and e-reverse
auction as the case may be to avoid any mistake. Bids once submitted can‟t be
recalled.

19) Any order resulting from this bidding process shall be governed by the terms and
conditions mentioned in the tender documents.

20) No deviation to the technical and commercial terms & conditions are allowed.

5
21) One hard copy of the electronically submitted bid documents excepting the price
schedule shall have to be submitted upon intimation by TANGEDCO after opening of
the e-tender.
22) 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
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
23) 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

F. ASSISTANCE TO BIDDERS:

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.

2) Any queries relating to the process of online bid submission or queries relating to TAMIL
NADU GOVERNMENT E PROCUREMENT Portal in general may be directed to the 24x7
TAMIL NADU GOVERNMENT E PROCUREMENT Portal Help desk.

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

Contact persons:
For queries related to For queries related to tender specification:
registration and Web Portal for online 1) Superintending Engineer/M-II/NCTPS-II.
bidding (NIC): Contact No. 9445396872, 044-27950475
E-mail : support.etender@nic.in Email: sem2nctps2@tnebnet.org
24x7 Help desk No: 0120-4001002,
0120-4001005, 0120-6277787

G:System Requirement:
i. Operating System: Windows XP-SP3 & above
ii. Internet browser: IE10 and above / Firefox 42 to 49 / Firefox
ESR 52
iii. Signing type: Digital Signature (class III)
iv. JRE 8 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 download and
go through the particulars available under “Bidders Manual Kit” at
“https://www.tntenders.gov.in/nicgep/app?page=BiddersManualKit & service=page”

6
H: Late Bid:

The Electronic bidding system would not allow any late submission of bids after
due date andtime as per server time.

I: Modification and withdrawal of bids:


1. Bidders may modify their bids online before the deadline for submission of bids.

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.

3. No bid may be modified after the deadline for submission of Bids. Any such
requests / communications will not be considered.

7
TAMIL NADU GENERATION AND DISTRIBUTION
CORPORATION LTD. TENDER SPECIFICATION ABSTRACT
OPEN TENDER SYSTEM

For and on behalf of TANGEDCO Limited, tenders are invited through Online under
Open Tender system for the following works contract:

1) Tender Specification No. SE/MECH-II/O&M/NCTPS-II/10/24-25


NCTPS II - M II Circle - TM Dn - ACS .SDn III – Debris Filter -
2) Name of the work
Unit-I & II – Reconditioning of condenser debris filter top
gear box and worm planetary gear box during AOH / COH for
the year 2024-25.
3) BQR Refer section II

4) Method of Tender e-Tender System


(Online Part I - Techno-Commercial Bid and Part II - Price Bid and
Throughhttps://tntenders.gov.in/nicgep/app

5) Earnest Money Deposit (EMD) Rs.4,900/- (Rupees Four Thousand and Nine Hundred
Only)

EMD to be paid through online payment gateway.


a)The online payment Gateway has been enabled for
TANGEDCO in TN Tenders portal
(https://tntenders.gov.in/nicgep/app). The payments for the
tenders like EMD should be remitted by the Bidders only
through online payment mode.

b) For Exemption of EMD


(i)The exempted categories of tenderers as given in clause 9 of
Section I, should upload valid copy of Udyam Registration
Certificate/NSIC. Manufacturing facility or Scope of the
activity related to the Tendered material should be clearly
indicated in the Udyam Registration Certificate.

c) PEMD holder as per clause 3 of section-I


E-receipt / other appropriate documents reflecting the EMD
Transaction should be up loaded.

6)URL for online bid submission for e-


tender https://tntenders.gov.in/nicgep/app
7) Last date for submission of EMD 18.06.2024 @ 02.00 PM

8) Date of closing of online e-tender 18.06.2024 @ 02.00 PM


for submission of Techno
Commercial Bid & Price Bid.
9) Date & time of opening of 19.06.2024 @ 02.30 PM
tender electronically
The tender specification will be placed at
10) Specification at website https://tntenders.gov.in/nicgep/appThe prospective bidders may
download the same.

8
11) Documents to be uploaded by EMD paid E – receipt / Evidence for exemption of EMD,
the Tenderers during e-submission Schedule A & B and Annexure I to V and other documents
whichever is applicable and also documents for Bid Qualifying
Requirements has to be uploaded.
Prices should be quoted ONLY through “On Line” in BOQ
(Schedule B)
All the copies of evidences should be attested by the Gazetted
Officer / Notary Public and the same should be scanned
(originals) and uploaded.

12) Clarification to be sought for Superintending Engineer/Mechanical II/NCTPS-II


from through e-mail (sem2nctps2@tnebnet.org)

13) Place at which tenders will be Office of Superintending Engineer/Mechanical -II/NCTPS-II.,


Opened through https://tntenders.gov.in/nicgep/app

sd-/xxxxxxxx
Superintending Engineer/Mech-II
NCTPS Stage-II

9
SPECIFICATION NO. SE/MECH-II/O&M/NCTPS-II/10/24-25.

Name of Work: NCTPS II - M II - TM Dn - ACS .SDn III – Debris Filter - Unit-I & II –
Reconditioning of condenser debris filter top gear box and worm
planetary gear box during AOH / COH for the year 2024-25.

DESCRIPTION

SECTION I EARNEST MONEY DEPOSIT

SECTION II BID QUALIFICATION REQUIREMENTS

SECTION III INSTRUCTION TO TENDERERS

SECTION IV GENERAL & COMMERCIAL CONDITIONS

SCHEDULE A SCHEDULE OF RATES

SCHEDULE B QUESTIONNAIRE FORM

ANNEXURE I UNDERTAKING TOWARDS JURISDICTION


FOR LEGAL PROCEEDINGS

ANNEXURE II DECLARATION FORM

ANNEXURE III SELF DECLARATION ACCEPTANCE LETTER TO PAY


AMOUNT EQUIVALENT TO E.M.D.

ANNEXURE IV UNDER TAKING FOR GST DECLARATION

ANNEXURE V UNDERTAKING FOR IMPLEMENTATION OF EPF


& ESI ACT

10
SECTION- I
EARNEST MONEY DEPOSIT
1) Tenderer should pay the specified amount Earnest Money Deposit as follows:
Earnest Money Deposit: Rs.4,900/- (Rupees Four Thousand and Nine Hundred Only)
Scanned copy of the E-receipt duly reflecting the EMD Transaction shall be
uploaded.
1.1 If submitting Earnest Money Deposit as BG/PEMD/Udayam(SSI) (as mentioned in
the specification), then select the exempted from EMD payment as “YES”. Then
upload the EMD exemption documents only in “pdf" files.
1.2 After confirming the EMD paid amount / Exemption uploaded, then only the system
/tender portal will allow to submit the technical and financial bids.

2) Mode of Payment:
a) The online payment Gateway has been enabled for TANGEDCO in TN
Tenders portal (www.tntenders.gov.in). All the payments for the tenders like
Earnest Money Deposit should be remitted by the tenderer only through
online payment mode. The Earnest Money Deposit amount should be the
exact amount and no excess or less amount should be transferred through
online payment gateway services of State Bank of India (SBI). If excess or
short, the tender status will be shown as invalid. The Earnest Money Deposit
payment to be made only as single payment.

3)The Tenderers who are having valid Permanent EMD with TANGEDCO for an amount as
mentioned below are exempted from payment of Earnest Money Deposit and are eligible to
participate in the tender.
Sl.No. PEMD Slab Monetary limit of tender value of participate without
payment of EMD
1 Rs.2,00,000/- In case of all Iron and Steel materials, main
producers (Government of India Undertaking only)
for procurement of Iron & Steel materials.
2 Rs.20,00,000/ In case of Tenders not exceeding Rs.10 Crores in
value.
3 Rs.40,00,000/- In case of Tenders not exceeding Rs.50 Crores in
value.
4 Rs.1,00,00,000/- In case of all Tenders without any monetary limit
The existing PEMD holder for Rs.20,00,000/- are eligible to participate in the tender
only for the value of tenders not exceeding Rs.10 Crores. The existing PEMD holder for
Rs.10,00,000/- are not eligible for participating in the tender under this PEMD category
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 and obtain a certificate from the Financial
Controller/Purchase and upload copy of the same along with the tender.
4)The EMD will not carry any interest.
5)The Earnest Money Deposit will be refunded to the unsuccessful tenderers on receipt
of application to the Superintending Engineer/ Mechanical/ NCTPS – II after intimation
of the rejection / non- acceptance of their tender.
6)In respect of the successful tenderer, the EMD remitted by the firm will be carried
over as part of the Security Deposit payable by the tenderer.
7) Any other mode of payment of EMD other than on line payment/Udyam/NSIC
(as mentioned in the specification) shall not be accepted and the tenders shall be
rejected if EMD is not paid in the prescribed manner.
7.1) If the offer is found to be bogus or false during evaluation, TANGEDCO could invoke the Bank
Guarantee to recover the EMD on forfeiture.
11
8)REGISTRATION OF MICRO, SMALL & MEDIUM ENTERPRISES BY COMPOSITE
CRITERIA IN UDYAM REGISTRATION & GUIDELINES:
Classification of Enterprises:
As per the Ministry of Micro, Small and Medium Enterprises, GOI Notification No
S.O 2119(E) dt. 26.06.2020 the enterprises are classified as:
(i) A Micro Enterprise, where the investment in plant and machinery or equipment
does not exceed Rs.1 Crore (one crore Rupees) and turnover does not exceed Rs.5 Cr.
(Rupees five crore);
(ii) A Small Enterprise, where the investment in plant and machinery or equipment
does not exceed Rs.10 Cr. (Ten crore Rupees) and turnover does not exceed Rs.50 Cr.
(Rupees fifty Crore); and
(iii) A Medium Enterprise, where the investment in plant and machinery or equipment
does not exceed Rs.50 Cr. (Fifty crore Rupees) and turnover does not exceed Rs.250
Cr. (Rupees Two Hundred and Fifty crore).
Calculation of Turnover:
In calculation of turnover of an enterprises, Exports of goods or services or both, shall
be excluded while calculating the turnover of any enterprise whether micro, small or
medium, for the purposes of classification. However the bidders are requested to
obtain a certificate from Chartered Accountant, along with the bid whose
turnover includes export proceeds, for ascertaining the turnover achieved on export of
goods or services or both and included in the total turnover to be uploaded.
Calculation of Investment:
The Plant and Machinery shall have the same meaning as assigned to the plant and
machinery in the Income Tax Rules, 1962 framed under the Income Tax Act, 1961 and
shall include all tangible assets (other than land and building, furniture and fittings). The
cost of certain items specified in the Explanation I to sub-section (1) of section 7 of the
Act shall be excluded from the calculation of the amount of investment in plant and
machinery. The investment value in Plant and Machinery for the purpose has to
be certified by a Chartered accountant and the same is to be uploaded in the bid
in case the bidder claims EMD exemption.
Updation and transition period in classification:
An enterprise having Udyam Registration Number shall update its information
online in the Udyam Registration portal, including the details of the ITR and the GST
Return for the previous financial year and such other additional information as may be
required, on self declaration basis. In case of an upward change in terms of investment
in plant and machinery or equipment or turnover or both, and consequent re-
classification, an enterprise will maintain its prevailing status till expiry of one year from
the close of the year of registration. In case of reverse-graduation of an enterprise,
whether as a result of re-classification or due to actual changes in investment in plant
and machinery or equipment or turnover or both, and whether the enterprise is
registered under the Act or not, the enterprise will continue in its present category till
the closure of the financial year and it will be given the benefit of the changed status
only with effect from 1st April of the financial year following the year in which such
change took place.

9)EXEMPTION FOR PAYMENT OF EARNEST MONEY DEPOSIT IN THE CASE OF THE


BIDDERS FURNISHING UDYAM REGISTRATION:
The following categories of Industries are exempted from payment of EMD subject to ensuring
that the services should be covered in their Registration Certificate.
a) The firms located within the State of Tamil Nadu having Udyam Registration Certificate
/NSIC. The firms located outside the State of Tamil Nadu having Udyam Registration Certificate
/NSIC are not eligible for exemption from payment of EMD.
b) The Micro and Small Enterprises located within the State and Registered with the
Government of Tamil Nadu, Department of Industries and Commerce, District Industries Centre.
c) The Small Scale Industries Units located within the State and registered with National Small
12
Industries Corporation.
d) Departments of the Government of Tamil Nadu.
e) Undertakings and Corporations owned by the Government of Tamil Nadu.
f) Labour Contract Co-Operative Societies registered within Tamil Nadu
g) Tiny Industries registered with the State of Tamil Nadu and registration Certificate issued by
the Department of Industries and Commerce/Government of Tamil Nadu.
h) The Micro and Small Enterprises outside the State and registered with National Small
Industries Corporation Limited
i) Micro and Small Enterprises having provisional registration certificate are not eligible for
Exemption.
j) Central and the State Government Departments / Undertakings and Corporations other than
those in Tamil Nadu shall have to pay Earnest Money Deposit.

DOCUMENTS TO BE UPLOADED AS A PROOF OF ELIGIBILITY FOR EXEMPTION FROM


PAYMENT OF EARNEST MONEY DEPOSIT:

a) Attested copy of Udyam Registration Certificate/NSIC to be uploaded by the firms located within
the State of Tamil Nadu. Whenever it is deemed necessary, TANGEDCO may inspect the unit and
satisfy themselves with regard to verifying the credentials of the applicants on the line of
activity pursued by such manufacturers, quality and production capacity and other relevant
factors.
b) The tenderer shall upload a Chartered accountant certificate towards annual turnover and
another certificate for calculation of investment on Plant And Machinery specified in the
explanation I to sub – section (1) of section 7 of Income tax rules 1962 framed under the
Income tax Act 1961, as per the recent MSME Notification No S.O 2119(E) dt. 26.06.2020.
(Refer clause 8.3 & 8.4)
c) Those tenderer under exempted category from payment of EMD shall upload the tender
documents and tender document should be initialed/endorsed by the tenderer, having
examined the tender specification together with the schedules attached, as a token of
acceptance to pay the amount equivalent to EMD, together with costs if any, in the events of
non-fulfilment of the conditions stipulated in the tender specification i.e. in all cases where EMD
paid will be forfeited.
d) In the event of non-fulfilment or non-observance of any of the conditions stipulated in the
contract consequent to such breach of contract to the effect to pay as penalty an amount
equivalent to EMD. 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
Security Deposit in the event of non-fulfilment or non-observance of any of the conditions
stipulated in the contract.
Mean while as per the Ministry of Micro, Small and Medium Enterprises (MSME), GOI
Notification No S.O 278(E) dt.19.01.2022 has amended the validity of existing enterprises
registered prior to30.06.2020 up to 31.03.2022 i.e. extended the validity period of existing
enterprises prior to 30.06.2020 through UAM, EM-Part II etc, from 31.12.2021 to 31.03.2022.
Considering the above, approval has been accorded vide (Per) CMD TANGEDCO
PROCEEDINGS No. 07, DT. 17.03.2022 to adopt the extension of validity of existing enterprises
registered prior to 30.06.2020 through UAM, EM Pat II etc up to 31.03.2022 in TANGEDCO
tenders for exempting the bidders from EMD.

EXEMPTION FOR PAYMENT OF EARNEST MONEY DEPOSIT IN THE CASE OF THE


BIDDERS FURNISHING OF UAM, EM PART II:-
(i) The following categories of Industries are exempted from payment of EMD subject to
ensuring that the services should be covered in their Registration Certificate.
a) The Micro and Small Enterprises located within the State and Registered with the
Government of Tamil Nadu, Department of Industries and Commerce, District Industries Centre.
b) The Small Scale Industries Units located within the State and registered with National Small
Industries Corporation.
13
c) Departments of the Government of Tamil Nadu.
d) The SSI Units within the state, holding Acknowledgement issued for Entrepreneur
Memorandum part-II obtained from District Industries Centre of Directorate of Industries and
Commerce in respect of those items for which the Registration Certificate/ Acknowledgement
has been issued.
e) Undertakings and Corporations owned by the Government of Tamil Nadu.
f) Labour Contract Co-Operative Societies registered within Tamil Nadu
g) Tiny Industries registered with the State of Tamil Nadu and registration Certificate issued by
the Department of Industries and Commerce/Government of Tamil Nadu
h) The Micro and Small Enterprises outside the State and registered with National Small
Industries Corporation Limited
(ii) a) Micro and Small Enterprises having provisional registration certificate are not eligible for
Exemption.
b) Central and the State Government Departments / Undertakings and Corporations other than
those in Tamil Nadu shall have to pay Earnest Money Deposit.
iii). DOCUMENTS TO BE UPLOADED AS A PROOF OF ELIGIBILITY FOR EXEMPTION
FROM PAYMENT OF EARNEST MONEY DEPOSIT:

a) Attested copy of Entrepreneur Memorandum Part-II acknowledgement / Udyog Aadhar


Memorandum Certificate issued by the Department of Industries and Commerce, District
Industries Centre for Micro and Small Industries registered within the State of Tamil Nadu.
b) Attested copy of Entrepreneur Memorandum Part-II acknowledgement Udyog Aadhar
Memorandum Certificate issued by the Department of Industries and Commerce, District
Industries Centre in their respective states and Registration Certificate of National Small
Industries Corporation Limited for Micro and Small Industries registered outside Tamil Nadu.
c) Those tenderer under exempted category from payment of EMD shall upload the tender
documents and tender document should be initialed/endorsed by the tenderer, having
examined the tender specification together with the schedules attached, as a token of
acceptance to pay the amount equivalent to EMD, together with costs if any, in the events of
non-fulfillment of the conditions stipulated in the tender specification i.e. in all cases where
EMD paid will be forfeited.
d) The tenderers shall upload the audited attested copy of Profit and Loss account / Balance
Sheet
in order to ensure the Status of Micro and Small Enterprises of the firm based on the
investment held in Plant and Machinery for extending exemption from paying EMD. 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 Status of Micro / Small Enterprises of the firm. Till receipt of
confirmation from General Manager / District Industries Centre concerned, the exemption from
paying EMD for Micro and Small Enterprises shall not be extended.
iv). In the event of non-fulfilment or non-observance of any of the conditions stipulated in the
contract consequent to such breach of contract to the effect to pay as penalty an amount
equivalent to EMD. 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
Security Deposit in the event of non-fulfilment or non-observance of any of the conditions
stipulated in the contract.
v) Further, as per the Government of India, Ministry of MSME, vide Notification No.S.O.2119(E)
dated 26.06.2020 has notified certain composite criteria for classifying the enterprises as Micro,
Small and Medium Enterprises and insisted Udyam registration in “Udyam Registration Portal” to
obtain an e-certificate viz. Udyam Registration Certificate.

10. CONDITIONS FOR REJECTION OF BIDS OF EXEMPTION CATEGORIES:-


a)If the documentary evidence i.e., Udyam Registration certificate/NSIC towards Exemption
from payment of EMD is not uploaded by the SSI units located within the State of Tamil
Nadu.
14
b) If the services are not covered in the Registration Certificate uploaded as evidence for
exemption from payment of EMD.
c) If not furnished the chartered accountant certificate for investment held in Plant and
Machinery or Equipment and Annual turnover value in support of Udyam registration.
d)If the documentary evidences produced for Exemption from payment of EMD not attested by
the Gazetted Officer / Notary public.
e) If the firms located outside the State of Tamil Nadu has uploaded Udyam Registration
certificate/NSIC towards Exemption from payment of EMD, the offer will not be considered.

11.0 Others viz. Central and other State Government Departments/ Undertaking and Corporations other
than those in Tamil Nadu shall have to pay Earnest Money Deposit and Security Deposit.

12.0 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 Scanned copy of the E-receipt duly reflecting the EMD Transaction shall be
uploaded.
i) Proof of documentary evidences towards Exemption from payment of EMD.

13.0 The Earnest Money Deposit made by Tenderer will be forfeited after
e-tender opening:

a) If he withdraws his tender or backs out after acceptance of the tender or fails
to remit the Security deposit.
b) If he revises any of the terms quoted during the validity period.
c) If he violates any of the conditions of the Tender specification.
d) If he violates any of the conditions after the acceptance and issue of the contract.
e) If, the documents furnished with the offer being found to be bogus or the
documents contain false particulars.
f) If, the successful tenderer failing to execute the order placed on them to the
satisfaction of the TANGEDCO Limited.
g) In case of tenderers participating on the strength of Exception Categories, an
amount equivalent to the EMD for this specification will stand forfeited in the
event of such tenderer committing any one of the acts listed above.
h) If the Bid Qualification Requirements are found to be fraudulent/ non-genuine,
the EMD paid will be forfeited in addition to black listing in future contracts with
TANGEDCO.

*******

15
SECTION – II

BID QUALIFICATION REQUIREMENTS (BQR)


Meeting No. 405 Sl.No.09 Date.13.05.24.

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 have previous experience in carrying out Reconditioning /Overhauling/ breakdown
maintenance works in debris filter system in Thermal power station having unit capacity of 210 MW
or above for a value of not less than Rs.1,24,500/- (Rupees One lakh Twenty four Thousand and Five
Hundred) in a single order in TANGEDCO/TNEB/PSU/OSEBs/Govt. Organization / Govt. Undertaking
within a period of last Ten years on the date of tender opening.

2. The bidder should furnish performance certificate from the end user for the above executed order.
In case the bidder executed order to TANGEDCO/TNEB, the performance certificate from the end user
will be obtained by tender inviting authority.

3. The Bidder should have GST Number and EPF & ESI Registration Number in their own name.

16
SECTION – III
INSTRUCTION TO TENDERERS
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 REJECTION OF TENDERS:


I. Tenders will be SUMMARILY rejected if
The EMD requirements are not complied with.
a) Received EMD in any other mode of payment other than online payment/PEMD.
b) Not accompanied by the required EMD or Proof of exemption.
c) Not accompanied by an undertaking where EMD is exempted.
d) Received with EMD in the form of cheque or Bank Guarantee
e) If the bids are received through Consortium or Joint venture, the same will not be considered
and the bids will be rejected.
f) Not satisfying any one of the Bid Qualification Requirement as stipulated in Section II.
g) Not furnishing Attested copy of GST, EPF & ESI Registration Number in their own name.
h) Also, the Tenderers who seek exemption from payment of EMD in lieu of having furnished Udyam
Registration certificate shall submit the self declaration to pay the amount equivalent to EMD,
together with GST as specified in Annexure III.

II. Tender is LIABLE to be rejected, if it is:


a) Not covering the entire scope of work.
b) Not properly signed by the tenderer.
c) Does not confirm to Board's specification
d) Not in the prescribed form
e) With validity period less than that stipulated in this specification.
f) Not in conformity with TANGEDCO‟s Commercial terms and Technical Specifications (Section
-IV & V).
g) Received from a tenderer who is directly or indirectly connected with Government service or
Board Service or services of local authority.
h)From any black listed Firm or Contractor.
i) Received by Telex / Telegram / E-Mail/ Fax.
j) From a tenderer whose past performance / Vendor rating is not satisfactory
k) Documents furnished by the Tenderers along with their offer being
found to be bogus or contain false particulars.
l) Received after tender opening.

2.1. SCOPE OF WORK:


Described in Schedule-A
3.0. SUBMISSION OF TENDER OFFER:
3.1. 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.
4.0. SUBMISSION OF TENDERS:
4.0.1. The Tender Offer consisting of Schedules-A 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.
4.0.2. 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 authorising him to do so, Certified copies of which shall
be enclosed.
4.0.3. Tender submitted on behalf of companies registered under the Indian Companies Act, shall be signed
by person duly authorised 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

17
Attorney etc to show clearly the title, authority and designation of persons signing the tender on behalf of
the company.

4.0.4. RECEIPT OF TENDER:


The tenders received after the specified date and time will summarily be rejected. If the date
happens to be holiday, the next working day will be the due date.
4.1. Modifications/Clarifications to Tender Documents:
4.1.1. 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 .
4.1.2. In case any tenderer asks for a clarification to the tender documents before 48 hours of opening of
tenders, the CE/NCTPS-II or SE/M.II/NCTPS-II, TANGEDCO, Chennai-120 will clarify the same.
4.1.3. If any tenderer raises clarifications after the opening of the tender, the clarified reply issued by the
Chief Engineer/NCTPS-II, or SE/M.II/NCTPS-II, TANGEDCO, Chennai- 600 120 on the clarifications will be
final and binding on the Tender.
4.2. All tender offers shall be prepared by typing or printing in the formats enclosed with this specification.
4.3. All information in the tender offer shall be in ENGLISH only. It shall not contain interlineations, erasures
or over writings except as necessary to correct errors made by the tenderer. Such erasures or other
changes in the tender documents shall be attested by the persons signing the tender offer.
4.4. QUOTATION OF RATES:
4.4.1.BEFORE QUOTING:
Every tenderers is expected to inspect the site before quoting his rates.
The TANGEDCO will not however accept after acceptance of the contract rate any extra charge
for the lead for any other reason in case the contractor is found later on to have misjudged
materials available.
The standard specification of the Tamil Nadu Public works department and I.S.S. will be
followed for the performance of the contract wherever applicable and for all particulars not
specially covered by this specification
4.4.2.QUOTATION OF RATES:
Rates should be quoted in figures.
The contractor / firm should closely note all the specification clauses which govern the rates
while he is tendering. The rates accepted shall remain FIRM for the entire duration of
contract or any extension thereof. 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.
The benefit of Input Tax Credit (ITC) if any availed by the bidder shall be
passed on to TANGEDCO while quoting the price.

4.5. PRINTED TERMS AND CONDITIONS IN TENDERS:


Firm‟s printed terms and conditions will not be considered as forming part of the Tender under any
circumstances.
4.6 INCOMPLETE TENDERS:
Tender, which is incomplete, obscure or irregular is liable for rejection.
4.7 AMBIGUITIES IN CONDITIONS OF TENDERS:
In the case of ambiguous or contradictory terms / conditions mentioned in the bid, interpretation as may be
advantageous to the Contractor may be taken without any reference to the Tenderer.
4.8 The tender offer shall contain full information asked for in the accompanying schedules
and elsewhere in the specification.
4.9 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.
4.10. No offer shall be withdrawn by the Tenderer in the interval between the deadline for submission and

18
the expiry of the period of validity specified / extended validity of the tender offer.

5.0. TENDER OPENING:


5.1. OPENING OF TECHNO COMMERCIAL CUM PRICE BID :
The Tender offers will be opened electronically at 14.30 Hrs. on the date notified, in the Office of
Superintending Engineer / M II /NCTPS-II Chennai-600120 through https://tntenders.gov.in/nicgep/app
in the presence of tenderer‟s authorized representative who may wish to be present on the date of opening.
If the Due date of opening is declared as a holiday, the tender will be opened on the next working
day at 14: 30 hrs
The bidder must fill up Schedule A of E-tender and upload all necessary documents before making final
submission. During tender opening, the EMD and all the necessary documentary proofs along with BQR
documents will be evaluated .
6.0. INFORMATION REQUIRED AND CLARIFICATIONS:
6.1. 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.
6.2. 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.
6.3. 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. The Tenderers shall not make attempts to establish
6.4. 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.
7.0. EVALUATION AND COMPARISON OF THE TENDER OFFERS:
7.1. 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.
7.2. 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.
7.3. For the purpose of evaluation of tender offers, the following factors will be taken into account for
arriving the evaluated price:
a) The quoted price will be corrected for arithmetical errors.
b) The evaluation will be done based on the GST rates quoted by the bidders in place of the existing
provision of “Exclusive of TNVAT and inclusive of CST wherein the Tenderers are from the state of Tamil
Nadu and from outside the State of Tamil Nadu respectively”.
7.4. The rates quoted by the eligible lowest tenderer in the open tender Rate Contract Scheme shall be
compared with the prevailing market rate and the rates of previous period and if the Tender Accepting
Authority is of the view that the quoted rates are too high, the rates will be negotiated and the rate will be
determined. All eligible bidders who accept the rate shall be enlisted.
8.0. VALIDITY:
8.1. The tender offer shall be kept valid for acceptance for period of 90 days from the date of opening of
offers. The offers with lower validity period are liable for rejection.
8.2. 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.
9.0. RIGHTS OF THE BOARD:
9.1. Not withstanding anything contained in this Specification, the TANGEDCO reserves the rights:
a) To vary the quantity finally ordered to the extent of 25% indicated in the Tender document.
b) 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 work contract is so vital in nature and the failure to
exam would affect the public interest.
c) To recover losses, if any, sustained by TANGEDCO, from the firm who pleads his inability to execute and
19
backs out of his obligation after award of contract. The security deposit paid shall, be forfeited.

d) To cancel the orders for not keeping up the contract period.


e) To vary the delivery period based on the requirement and contingencies at the time of placing the Rate
contract.
f) To accept the lowest eligible tender.
g) To reject any or all the tenders or cancel without assigning any reasons therefore.
h) 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.
9.2. The 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 TANGEDCO, the qualification data is
incomplete or in the opinion of the TANGEDCO the bidder is found not qualified to satisfactorily perform the
contract.

10.0. DEVIATIONS:
10.1. The offers of the Tenderers with Deviations in Commercial terms and Technical Terms of the Tender
Document are liable for rejection.
10.2. No alternate offer will be accepted.

11.0 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.

12.0 NEGOTIATION:
Negotiation will be carried out with the L1 tenderer after opening of tenders through online only. When more
than one bidder have quoted same value during bid submission, the bidders are allowed for resubmission of
financial bid within the due date and time for the evaluation of L1 Bidder.
The L1 bidder has been given time slot for resubmission of Financial Bid (Negotiation) through online within the
due date and time provided.

20
SECTION IV
GENERAL & COMMERCIAL CONDITIONS
1.0 SCOPE: As per tender schedule
2.0 PRICE:
The Tenderer‟s are requested to quote FIRM price only.
The Tenderer‟s shall quote the Unit price, with applicable rate of GST separately. A format for
price schedule is given in Schedule „A‟.
The above breakup details should be clearly indicated in the Schedule-A, in the absence of which
the offer shall be liable for rejection.
It is the responsibility of the tenderer to make sure about the correct rates of G S T 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.
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.
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.
3.0. VALIDITY:
The tender offer shall be kept valid for acceptance for period of 90 days from the date of opening
of offers. The offers with lower validity period are liable for rejection.
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.
4.0.SECURITY DEPOSIT:
SECURITY DEPOSIT FOR CONTRACT PERFORMANCE:
The successful tenderer will have to furnish Security Deposit for contract Performance for 5% of
the total accepted value of the contract less EMD amount, if already paid.
i. The Security Deposit to be paid in the form of electronic mode of payment
DD /NEFT/RTGS/ Banker‟s Cheque for the value upto Rs. 10 Laks.
ii The Security Deposit to be paid in the form of electronic mode of payment
DD /NEFT/RTGS/ Banker‟s Cheque / Irrevocable Bank Guarantee in case value exceeds
Rs.10 lakhs.
iii. If the SD cum PG paid by means of Bank Guarantee, it will be accepted only after the
Verification from the Banks.
iv. The Security Deposit cum Performance Guarantee to be furnished towards fulfilment of the
Contract. In Case of BG, The SD cum PG shall be Valid/ Extended for the entire period of
Guarantee
v.The Security Deposit / EMD, SD cum Performance Bank Guarantee are refundable only after the
satisfactory fully Completion of the work and the expiry of Guarantee Period of work.
in all respects.
In case of the requirement arising for extension of the Bank Guarantee, the extended Bank
Guarantee shall have to be submitted to TANGEDCO within the date of expiry of the existing Bank
Guarantee. In case failure to submit such extended Bank Guarantee within the due date (expiry date),
TANGEDCO shall invoke the Bank Guarantee by addressing the Bank directly.
Further, in the case of bank Guarantee being extended without any break in period and there is
delay in submission of such extended Bank Guarantee, for any reason, TANGEDCO shall reserve the
right to accept the belated submission of the extended Bank Guarantee by levying penal interest at the
rate of 22% per annum for the delayed period of submission. Such penal interest shall be recovered
from the service provider‟s subsequent bill.
The Security Deposit for contract will be refunded to the contractor only if the contract is
completed as per the agreed conditions. If the TANGEDCO 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 TANGEDCO, then the TANGEDCO will in addition to such other dues that he shall have
under the law, appropriate the whole or part of the security deposit and such amount that is
appropriated will not be refunded to the supplier.
21
The above security deposit for contract Performance has to be paid within 30 days from the date of
receipt of work order. The SD will not carry any interest. The belated payment of Security Deposit shall
not be accepted. In the event of failure to remit security deposit within the prescribed period, EMD
shall be forfeited and the order will be cancelled.
GST for forfeiture of security deposit: GST will have to be paid if forfeiture of EMD/Security Deposit,
GST@18% will have to be collected additionally for forfeiture EMD/SD amount.

5.0. LIQUIDATED DAMAGES:


If the contractor fail in the due performance of his contract within the time fixed to the
contractor or any extension thereof, the contractor is liable at the discretion of the Exe. Engineer
concerned to the levy of liquidated damages for delay at half percent (0.5%) of the contract price of
the undelivered/completed items for each calendar week of delay and total shall not exceed maximum
of 10% of the Contract value.
In case of default in executing the work, the contractor is liable to pay to TANGEDCO in addition
to liquidated damages for delay, the actual difference in price whenever TANGEDCO ord ers the delayed
works to be executed by other agencies at higher rate.
The Engineer shall be at liberty to terminate this contract in case the contractors slows down the
works, abandons or does not use the quality materials. Seven days notices in writing shall be served to
contractor in this regards which will lead to even the termination of the contract without prejudice to
recover the amount due either from the amount through this contract or other contracts.
However, in respect of contracts where supplies effected in part or works executed in part could
not be beneficially used by the TANGEDCO (Due to such incomplete supplies /execution) liquidated
damages shall be worked out on the basis of entire contract price only and not on the value of
delayed portion.
6.0. PAYMENT TERMS:
6.1 a) Within the contract period:
(i) 95% payment will be made within 90 days after satisfactory completion of entire work and
submission of bills.
(ii) 5% will be retained as retention amount and will be paid after the completion of guarantee period.
b)Delay in completion of work:
(i) If the work is completed after due date only 95% will be paid within 90 days after recovery of
applicable L.D and the balance 5% will be paid after the completion of guarantee period.
(c) In the event of TANGEDCO failing to release the payment within the stipulated time frame of 90
days from the date of completion of works/services as the case may be continued to be adopted for
both SSI units and non SSI units and failing which simple interest for the delayed period will be paid at
the SBI three months MCLR.
6.2 Mode of Payment: All the Financial Transactions shall be done through online mode. The
Contractors/ Suppliers are to furnish their bank account details in the Invoice/ Bills in printed format
like Name of the Bank, Beneficiary Name, Address of the Bank, Bank Branch having their Account
Number, IFS Code and Branch code for each bill to be claimed towards works executed against the K2
agreement/chit agreement. Necessary Bank charges shall be borne by the contractor.
When there are complaints from the labour department about non-payment of wages to the
labourers employed by the contractor for the execution of work under agreement, the Engineers shall
have full powers to with held the bills claimed by the contractor pending clearance certification from
the labour department and act as per direction given by the labour department.
It shall be accepted as a condition of contract that the payment of final bill to the contract less the
with held amount and his acceptance thereof shall constitute a full and absolute release of the
TANGEDCO from all further claims by the contractor under the contract.

7.0. GUARANTEE CLAUSE:


i) Workmanship
The guarantee period for the above work is Six months from the date of utilization.

8.0. PERIOD OF CONTRACT: Forty days for each unit from the date of handing over the site.

22
9.0. INSURANCE:
a) 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 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.
b) 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.
c) 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.
d) 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.

10.0. 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.

11.0. TENDER AND AGREEMENT:


a) 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.
b) 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.
c) 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 fulfilment 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.
d) 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.
e) The security deposit shall be retained as security for the due fulfilment of the contract and this
amount will not bear any interest. The security deposit may be paid in electronic mode of payment
or DD or Bankers Cheque or where the competent authority deems fit irrevocable BG
mentioning the specification Number. to the Financial Controller/NCTPS-II/Chennai – 120.
f) Upon complete fulfilment 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.

12.0. PERMANENT ACCOUNT NUMBER (PAN):


The tenderer should quote their Income Tax department Permanent Account Number in their tender
documents and enclosed attested copies of evidence.

23
13.0.SCHEDULE OF QUANTITIES:
Only one schedule of quantities is enclosed to this tender specification. It shall be definitely
understood that the TANGEDCO does not accept any responsibility for the correctness or completeness
of this schedule and that this schedule is liable for alterations omission, deductions additions at the
discretion of the Superintending Engineer (or as set-forth) in the condition of the contract. The
tenderers will, however, quote his tender on this schedule of quantities. He should quote specific rate
for each items in the schedule and the rates should be written both in figures.
The quantities given are approximate only with view to enable the tenderers to quote their over all
rate for each item of work in the tender schedule. The contractor will have no claim for any upward or
down ward revision in quantities indicated in the schedule. The rates quoted should be FIRM till the
tenure of contract.
The bid evaluation shall be done as per Tamilnadu Transparency in Tenders Act 1998 and
Tamilnadu Transparency in Tender Rules 2000. 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 the State and outside TN.
The TANGEDCO or any Officer authorized by it, reserves the right to reject any or all the Tenders
without assigning any reasons there for and also reserves the right to award the works to the
contractor or split the work suitably and award the same to one or more contractor without assigning
any reasons there for.

14.0. SUBLETTING:
The contract is not transferable. No part of the contract shall be sublet without prior approval of
the Superintending Engineer/Mechanical-II/NCTPS-II/Chennai-120 nor shall transfer be made by power
of attorney authorizing other, to receive payment on contractor‟s behalf.
15.0.CLARIFICATION AND FURTHER INFORMATION: If necessary, all information/clarification to this
tender if required, the Tenderer is advised to give a written query along with their Fax number to the
Superintending Engineer/M-II/O&M/NCTPS II Chennai-120 well in advance i.e. 2 days in advance prior to
the date of opening of tender and the reply to the quarries will be furnished within one day and the
tenderer is advised to collect the same in person and thereafter submit the tender. Reply to all clarifications
raised by the intending bidders will be furnished by E-mail/Fax within a day positively. No
clarification/further information is possible after this dead line and their offers will not be considered. If any
tender is received, pending receipt of clarifications, if any sought for by the said tenderers, the same will be
summarily rejected. The tenderers are required to furnish their E-mail address and Fax numbers if any for
sending the Boards reply. Bids received without any queries against this clause shall be treated as total
acceptance of the Board‟s terms and conditions and that no issues will be raised later on.
16.0. RATES TO INCLUDE ALL INCIDENTIAL ITEMS:
It will be deemed that the rates quoted by the tenderers are inclusive of all incidental items of
work not necessarily mentioned in the schedule but are nevertheless essential for the contract and
completed execution on the work.

17.0.FORCE MAJEURE:
a) If at any time during the continuance of this contract, the performance in whole or in any
delegation under the contract shall be prevented or delayed by reasons of any war, hostilities, acts of
public enemy, acts of Civil commotion, strikes, lock outs, sabotages, fire, floods, explosions, epidemics,
warranting restrictions or other acts of Nature (hereinafter referred to as eventualities), then provided
notice of the happenings of any such eventuality is given by the TENDERER to the PURCHASER with 15
days from the date of occurrence thereof, neither party shall, by reasons of such eventuality, by entitled
to terminate the contract nor shall have any claims for damages against the other in respect of such
non-performance and deliveries under this contract shall be refunded as soon as practical after such
eventuality has come to an end or exist.
b) Provided that if the performance in whole or part by the TENDERER or any obligation under this
contract is prevented or delayed by reasons of any eventuality for period.
18.0 OVERVIEW OF GOODS SERVICE TAX (GST):
i. Goods and Services Tax [GST] as a modern law, has been brought after Article 366(12A) of the
Constitution as amended by 101st Constitutional Amendment Act, 2016. GST is an indirect tax system,
commonly used by both the Central Government and the State/UT to final consumption with credit of
24
taxes paid at previous stages available as set off. In a nutshell, only value addition will be taxed and
burden of tax Governments on goods and services. GST is a destination based tax on consumption of
goods and services. It is proposed to be levied at all stages right from manufacture up is to be borne
by the final consumer. GST has been rolled out w.e.f. 01.07.2017, across India.
ii. The GST to be levied by the Centre on intra-State supply of goods and / or services would be called
the Central GST (CGST) and that to be levied by the States/ Union territory would be called the State
GST (SGST)/ UTGST. Similarly, Integrated GST (IGST) will be levied and administered by Centre on
every inter-state supply of goods and services.
iii. Any supplier of goods and service Provider of services who makes a taxable supply with an
aggregate turnover of over Rs.20 lakhs in a financial year is required to obtain GST registration. In
special category states, the aggregate turnover criteria is set at Rs.10 lakhs. in simple words Every
business whose taxable supply of goods or services under GST (Goods and Service Tax) and whose
turnover exceeds the threshold limit of Rs. 20 lakh / 10 Lakh as applicable will be required to register as
a normal taxable person.
iv. GST Registration Number: TANGEDCO has migrated into GST regime on 15.06.2017 by duly
uploading various mandatory data as required by the GST portal. The provisional ID issued to
TANGEDCO is 33AADCT4784E1ZC. The details are also posted in TANGEDCO web portal. GST
Registration Number or GSTIN is 15 Digit identification number which is allotted to each applicant who
applied for GST Registration. GST Number is completely based on the Pan Number and State code.
First two digit represent the state code and another 10 digit represent the PAN number of the client,
one digit represent the entity code (Like proprietorship or partnership etc), one digit is blank and last
one is represent check digit.
v. GST Registration Number or GSTIN is 15 Digit identification number which is allotted to each
applicant who applied for GST Registration. GST Number is completely based on the Pan Number and
State code. First two digits represent the state code and another 10 digit represent the PAN number of
the client, one digit represent the entity code (Like proprietorship or partnership etc), one digit is blank
and last one is representing check digit.
vi. Transaction Value: The value of a supply of goods or services or both shall be the transaction
value, which is the price actually paid or payable for the said supply of goods or services or both where
the supplier and the recipient of the supply are not related and the price is the sole consideration for
the supply. Sec 15(1) states that value of supply of goods and service shall be the transaction value
i.e. the price actually paid or payable. The conditions for accepting the transaction value are
a) Supplier and the recipient of the supply are not related.
b) Price is the sole consideration for the supply.
vii. Composition Scheme: Composition scheme specifies that registered person whose turnover
in the preceding financial year is below certain specified limit (Currently Rs.75 lakhs) may intimate the
proper officer to pay in lieu of tax payable by him an amount calculated at such rate may be specified.
Eligibility for composition scheme: Sec10(2) of the central Goods and Services Tax Act, 2017 states
that the registered person shall be eligible to opt under sub- section(1), if-
 he is not engaged in the supply of services other than supplies referred to in clause (b) of
paragraph 6 of Schedule II;
 he is not engaged in making any supply of goods which are not leviable to tax under this Act;
 he is not engaged in making any inter-State outward supplies of goods;
 he is not engaged in making any supply of goods through an electronic commerce operator who is
required to collect tax at source under section 52; and
 he is not a manufacturer of such goods as may be notified by the Government on the
recommendations of the Council.
viii. Supply of Service and Goods: When there is a combined supply of many goods / services, it
has to be determined whether it is a Composite supply or mixed supply of goods or services.
(a) COMPOSITE SUPPLY: A composite supply is the one where all the goods or services or a
combination has to supplied together i.e., naturally bundled and there would be a Principal Supply that
could be identified (Ex. Supply of Machinery with packaging, insurance and freight – the principal supply
is machinery). In this case, the rate of principal supply will be applied on entire value.
(b) MIXED SUPPLY: A mixed supply is where the goods or services or the combination thereof which
could be individually supplied (like Pizza and Coke) but sold together at a single price. In this case, the
highest rate to the good in that mix is applied on all the goods. The GST shall be applicable at
25
appropriate prevailing rates as notified by GST Act. In the event of delay in execution of contract, the
GST rate prevailing on the scheduled period or on the actual date of execution, whichever is less only
will be admitted.
The bidders should have registered under GST Act and furnish GSTIN. In the event of
contractor is within TN, SGST & CGST shall apply and if the contractor is outside TN, IGST
shall apply.

18.1. GOODS SERVICE TAX (GST):


The Goods and Services tax will be paid extra as applicable. The amount of CGST, SGST and IGST
as applicable shall be indicated in percentage payable and amount separately in the tender offer.
The TANGEDCO has been registered as a dealer under GST Act 2017 (Registration No.33AADCT4784E1ZC).

Sl. No. GSTN details Data to be filled up


1 Billing Address of the Customer The Superintending Engineer,
Purchase & Administration,
North Chennai Thermal Power Station, Stage-II,
Chennai – 600 120.
2 GSTIN Enrolment Provisional 33AADCT4784E1ZC
Registration No.
3 ARN AA330617106413K
4 Type of Customer Company
5 Name & Address as registered Tamil Nadu Generation and Distribution Corporation
in GSTIN – Principal place of Limited, 144, Anna Salai, NPKRR Maaligai,
Business Chennai – 600 002.
6 State of Registration of GSTIN Tamil Nadu
7 Details of Additional Places of Please see www.tangedco.gov.in
Business
It is the responsibility of the tenderer to make sure about the correct rates of duty leveable on the
material/ works at the time of tendering. If the rates assumed by the tenderer are less than the current
rates prevailing at the time of tendering, the TANGEDCO Ltd., will not be responsible for the mistake. If the
rates assumed by the tenderer are higher than the current rates prevailing at the time of tendering, the
GST prevailing at the time of tendering will only be paid.

Any increase in GST consequent to the suppliers coming into different duty slab during the execution
of the contract shall have to be taken into account and the all inclusive firm price shall be quoted
accordingly by the tenderers. Any variation in GST due to statutory variation within the contract delivery
date shall be considered by the TANGEDCO Ltd.,
In case of delayed in execution of work, the GST prevailed on the date of actual execution of work or
the date of contractual period whichever is less shall be admitted. For both the cases, the
supplier/contractor shall furnish documentary evidence while submitting the bills for payment.
The GST provisional ID and ARN of TANGEDCO is given below to incorporate to supplier / Contractor
domain.

18.2. GST E-way bill system:-


a) E-way Bill is an electronic document to be generated to cover movement of goods more than
Rs.50,000/- for inter states and Rs.1,00,000/- for intra states and such generation needs to be done in
e-Way Bill portal http:// ewaybillgst.gov.in/.

Consequently transporters of goods, under GST provisions are required to carry on e-Way Bill for the
movement of such goods. The value of goods shall be the value declared in an invoice, a bill of supply
of a delivery challan and also includes the Central tax, State or Union territory tax, integrated tax and
cess charged, if any. But, it will not include value of freight charges for the movement charged by
transporter.

26
b) Transactions which require E-way bill:
For transportation of goods of more than Rs.50,000/- for inter states and For transportation of goods
of more than Rs.1,00,000/- for intra states in relation to all types of transactions such as
i) Inward Supply. It is the responsibility of the Supplier/ contractor or then transporters to generate
e-way bill before transporting goods for delivery at TANGEDCO‟s premises.
ii) Inward supply from an unregistered person. There is a condition in the e-way bill clause that
registered person has to generate e-way bill at the time of movement of goods from unregistered
person under GST.

18.3. GST E-way bill system:


The Government of India has noticed E-Way bill system for interstate movement of goods
w.e.f. 01.04.2018. Similarly the Government of Tamil Nadu has introduced the E-way bill system for
intra-state movement of goods w.ef.02.06.2018.
The delivery of materials shall be at NCTPS-II stores and as such it is the responsibility of suppliers
to comply with GST e-way bill provisions for ensuring prompt delivery of ordered items.
18.4. Applicability of GST TDS:
a) The TDS under GST will be deducted at the time of payment or accounting in the books of accounts
whichever is earlier. Once the taxable value of contract exceeds Rs.2,50,000/-, then each and every invoice
on that contract shall be subjected to the TDS under GST irrespective of value of such invoice.
Taxable Supply means supply of goods or services or both which is leviable to tax under GST. Thus, TDS
under GST is to be deducted only on the Taxable supply of goods or services or both and not on Exempt
supply (supply of any goods or services or both which attracts nil rate of tax or which may be wholly
exempt from tax under section 11 of the CGST/ SGST Acts or under section 6 of the IGST Act) and non-
taxable supply. Similarly, TDS under GST rate need not be applied on GST component in the invoice. TDS
under GST is also applicable for suppliers/ contractors registered under composition scheme also.
b) Where the location of the supplier and the place of supply are in the same State, it is an intra-state
supply and TDS @ 1% under CGST Act and 1% under SGST Act will be deducted. Where the location of the
supplier is in State A and the place of supply is in State B, it is an inter-state supply and TDS @ 2% under
IGST Act will be deducted.
S. Location of Location of recipient of Place of GST TDS applicability
No. Supplier supply of goods/services supply
1 Tamil Nadu Tamil Nadu (as TANGEDCO Tamil Nadu Applicable (CGST TDS
is in Tamil Nadu) @1% and SGST TDS
@1%)
2 State other Tamil Nadu (as TANGEDCO State other Not Applicable
than T.N is in Tamil Nadu) than T.N
3 State other Tamil Nadu (as TANGEDCO Tamil Nadu (IGST TDS @ 2%)
than T.N is in Tamil Nadu)
c) TDS under GST is also applicable in the following cases:-
* Bills of supplier for advance payment.
* Amount of retention from the bills of supplier.
* Supply of goods or services or both by supplier registered under GST as Composition dealer.

Thus Gross value of invoice (Except GST portion) shall be taken while applying TDS under GST rate.

d) TDS under GST is not applicable in the following cases:-


1. Total value of taxable supply ≤< Rs.2.5 Lakh under a contract.
2. Contract value > Rs.2.5 Lakh for both taxable supply and exempted supply, but the value of taxable
supply under the said contract ≤ Rs.2.5 Lakh.
3. Receipt of services which are exempted. For example services exempted under notification
No.12/2017 – Central Tax (Rate) dated 28.06.2017 as amended from time to time.
4. Receipt of goods which are exempted. For example goods exempted under notification No.2/2017 –
Central Tax (Rate) dated 28.06.2017 as amended from time to time.
5. Goods on which GST is not leviable. For Example petrol, diesel, petroleum crude, natural gas,
27
aviation turbine fuel (ATF) and alcohol for human consumption.
6. Where a supplier had issued an invoice for any sale of goods in respect of which tax was required to
be deducted at source under the VAT Law before 01.07.2017, but where payment for such sale is
made on or after 01.07.2017 [Section 142(13) refers].
7. Where the location of the supplier and place of supply is in a State(s)/UT(s) which is different from
the State / UT where the deductor is registered.
8. All activities or transactions specified in Schedule III of the CGST/SGST Acts 2017, irrespective of the
value.
9. Where the payment relates to a tax invoice that has been issued Before 01.10.2018.
10. Where any amount was paid in advance prior to 01.10.2018 and the tax invoice has been issued on
or after 01.10.2018, to the extent of advance payment made before 01.10.2018.
11. Where the tax will be paid on reverse charge by the recipient i.e., the deductee.
12. Where the payment is made to an unregistered supplier.
13. Where the payment relates to “Cess” component.

e)Value of Supply for Deduction of TDS:


For the purpose of deduction of tax specified above, the value of supply shall be taken as the
amount excluding the central tax, state tax, union territory tax, integrated tax and cess indicated in the
invoice i.e., without including the amount of GST charges in the bill.
f) Exemption from TDS
According to that provision, TDS under GST need not be deducted in respect of the supply of goods
and Services or both from a Public sector Undertaking (PSU) to another Public Sector Undertaking with
effect from 1st day of October 2018. Therefore, no TDS need to be deducted in respect of supplies between
Public sector Undertakings Example: NTECL, NTPC, BHEL etc., are owned by Central Government. However
TDS provisions will continue to apply for Taxable Supplies from Government and other private agencies with
effect from 01.10.2018 as already communicated vide circular 1st cited.
Public sector undertakings (PSU) means Government Companies, Government Company means any
company in which not less than 51% of paid up share capital held by the Central Government or by any
state Government or Governments or partly by the Central Government and partly by one or more State
Governments and includes a company which is a subsidiary of such a Government Company. This
notification is with effect from 1st October 2018 itself.

g) Since NCTPS-II is covered under the ESI & EPF act, the supplier who desire to take up
supply & erection works contracts for and inside the premises of NCTPS-II is requested to
comply with all the relevant provisions stipulated in the EPF,ESI & MP Act.(wherever
applicable).

18.5. GSTIN NO., PERMANENT ACCOUNT NUMBER & OTHER STATUTARY CHARGES:
GST REGISTRATION: TANGEDCO opts to purchase goods and services only from the GST registered
person. Hence, GSTIN No. and Account code of service should be furnished in their tender. Attested copy
of certificate of provisional registration should be enclosed.

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.
PAN No.: The Tenderer shall furnish the Permanent Account No. issued by Income Tax Department in the
their tender. Attested copy of evidence should be enclosed.
Note:
The L1 bidder shall furnish the declaration in respect of passing of ITC benefit as per sec 171 of
CGST Act as rebate in the price offered. In the event of L1 bidder specifying the ITC benefit as
nil, the same shall be supported with certificate from chartered accountant. A format of
declaration will be as stipulated by TANGEDCO’.

28
19.0 Provision of IT Clause (194 Q) of IT Act:
In view of the instruction of Sec 194Q,206AB and 206CCA by the Finance Act 2021 from 1st July
2021, the following clauses are added in the tender specification:-
“Any person being a buyer, who is responsible for paying any sum to any resident for purchase
of goods of value (or) aggregate value exceeding Rs.50 lakhs in any previous year. Shall, at the time of
credit of such sum to account of the seller (or) at the time of payment, whichever is earlier, shall deduct an
amount equal to 0.1% of such sum exceeding Rs.50Lakhs as TDS under section-194Q of IT Act. The
supplier of goods is required to furnish the PAN to TANGEDCO for making the payment. In case the
suppliers do not have PAN, TANGEDCO is required to deduct tax at higher rate as per the provisions of
section 206AA. In case of specified person i.e., any person who has not filed Income Tax return for two
previous years immediately before the previous year in which TDS is required to be deducted and the time
limit for filing of Income tax return u/s 139(1) of the Income Tax Act, 1961 has expired provided the total
TDS & TCS in INR is Rs.50,000 (or) more in each of the two previous years the TDS rate u/s 194Q will apply
at higher rate u/s.206AB.
The Provision of this section shall not apply to the transactions on which tax is deductible under
any other provisions of the Income Tax Act 1961 and also on the transactions in which Tax is collectible
under the provisions of section 206C.
On purchase of goods/ materials TANGEDCO shall have the primary and foremost obligation to
deduct Tax at source and no tax shall be collected on such transcation u/s 206C (1H). TDS u/s 194Q is also
applicable on the Advance paid for purchase of goods.
In case of, works contract, wherein supply and erection portions are separable. The value of
supply of goods exclusive of GST will be subject to deduction of TDS under section 194W. On the other
charges i.e., erection, testing, commissioning and maintenance charges, TDS under section 194C will apply
and hence TDS u/s 194Q will not apply.
The above provision comes into effect from 01.07.2021 onwards and hence no TCS under section
206C(1H) has to be paid by TANGEDCO on purchase of goods. Accordingly, TANGEDCO will deduct TDS
under section 194Q on all the purchase of goods exceeding the threshold limit. i.e. aggregate credit (or)
payment exceeds Rs.50 Lakhs. It is mandatory for vendor to submit the declaration format in Schedule -I
to determine the applicability of TDS rate u/s 206AB.
20.0. 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.

29
20.1. Liability for damage or loss to third party including inspection of officers due to act of 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.
20.2. 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.
21.0 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.
22.0. 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.
23.0. SUNDAY WORK: No work of any description shall be carried out on Sunday and other important
national holidays without the knowledge & formal sanction in writing of the Engineer.
24.0 INSPECTION OF WORK:
24.1. The Engineer or his duly authorized agent shall have at all times full power to inspect the work
wherever in progress on the site, on the contractor premises or at the premises wherever situated of any
firm or company where work in connection may be in hand. All records registers or documents resulting the
works including materials used on works shall be kept open to the inspection of the purchaser or his
authorized representative when so called for in writing.
24.2. Contractor has to supply safety helmets, gloves & shoes as per the safety norms to the workmen
employed in his contract.
25.0 FAILURE TO EXECUTE THE CONTRACT:
The contractors falling to execute the order placed on them to the satisfaction of the TANGEDCO
Ltd under the terms and conditions set-forth therein, will be liable to make good the loss sustained by
the TANGEDCO Ltd, 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 and forfeiture of security deposit etc.,

26.0 QUANTITIES:
The quantities mentioned in the Schedule `A‟ of this specification are only tentative. The
purchaser reserves the right to revise the quantities at the time of placing the orders, as per the
Tamil Nadu Transparency in Tenders Act 1998 and the Tamil Nadu Transparency in tender rules
2000 and subsequent amendments thereof as applicable to this Tender.

30
27.0 JURISDICTION FOR LEGAL PROCEEDINGS:
No suit or any proceedings in regard to any matter arising in any aspect under this contract shall be
instituted in any court save in the City Court at Chennai or the Court of Small caused at Chennai. It is
agreed to that no other court shall have jurisdiction to entertain any suit proceedings, even though part of
the cause of action might arise within their jurisdiction. In case of any part of the cause of action arises
within the jurisdiction of any court of Tamil Nadu state and not in the Courts of Chennai city then it is
agreed to between the parties that such suits or proceeding shall be instituted in 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 the action might arise within the jurisdiction of such courts.

28.0 BAR OF JURISDICTION:


Save as otherwise provided in this Specification no order passed or proceeding taken by any officer
or competent authority shall be called in question in nay court and no injunction shall be granted by any
court in respect of any action taken by such officer or authority in pursuance of any power conferred by or
under this specification.
29.0 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.
30.0 CLEARING OF THE SITE:
Upon completion of the work the contractor should remove the debris from the vicinity of the work
all plant and other materials belonging to him or used by his directions during execution and in the event of
failure to do so, the same will be removed by the purchaser and relevant expenditure recovered from the
contractor.
31.0 CONTRACT:
This will be K-2 Contract generally governed by the TNDSS of the Tamil Nadu Public works
department. If there is any variation between the clauses stipulated in this specification and the TNDSS, the
clauses stipulated in this specification will hold good.
32.0 RECOVERY OF MONEY FROM CONTRACTOR IN CERTAIN CASES:
In every cases in which provision is made for recovery of money from the contractor, TANGEDCO
shall be entitled to retain or deduct the amount there off from any money that may be due or become due
to the contractor under these contract and or under other contract or contracts or any other account what
so ever.
33.0 RIGHT TO DECIDE TENDER RESERVED:
It is to be expressly understood by the tenderers that TANGEDCO or competent authority to decide
the tender, shall have right to relax or waive any of the conditions stipulated in the specification whenever
deemed necessary in the best interest of the TANGEDCO for good and sufficient reason.
Also the TANGEDCO reserves the right to reject all the tender or any tender or to split up the work
without assigning any reasons therefore.

34.0. STATUTORY COMPLIANCES:


1) The Contractor shall employ labour in sufficient numbers to maintain the required rate of progress and of
quality to ensure workmanship of the degree specified in the Contract and to the satisfaction of the
Engineer-in-Charge. The Contractor shall not employ in connection with the Works any person who has not
completed his eighteen years of age.
2) The Contractor shall pay to labour employed by him either directly or through digital transfer. The wages
should not be less than fair wages as defined in the current PWD Schedule rates (or) Minimum Wages Act
(if applicable).
3) The Contractor shall in respect of labour employed by him comply with or cause to be complied with the
Contract Labour Regulations in regard to all matters provided therein.
4) The Contractor shall comply with the provisions of the payment of Wages Act, 1936, Minimum Wages
Act, 1948, Employers„ Liability Act, 1938, Workmen„s Compensation Act, 1923, Industrial Disputes Act,

31
1947, Maternity Benefit Act, 1961, Employees Provident Fund & Miscellaneous Provisions Act, 1952,
Employees State Insurance Act, 1948, Payment of Bonus Act, 1965 and Mines Act, 1952, Contract Labour
Regulation & Abolition Act, 1970 or any modifications thereof or any other law relating thereto and rules
made thereunder from time to time.
5) The Engineer-in-Charge shall on a report having been made by an Inspecting Officer as defined in the
Contractors Labour Regulations have the power to deduct from the moneys due to the Contractor any sum
required or estimated to be required for making good the loss suffered by a worker or workers by reason of
non-fulfillment of the Conditions of the Contract for the benefit of workers, non-payment of wages or of
deductions made from his or their wages which are not justified by the terms of the Contract or non-
observance of the said Contractors Labour Regulations.
6) The Contractor shall indemnify the Corporation against any payments to be made under and for
observance of the Regulations afore said without prejudice to his right to claim indemnity from his sub-
contractors. (if permitted)
7) In the event of the Contractor committing a default or breach of any of the provisions of the aforesaid
Contractors Labour Regulations as amended from time to time or furnishing any information or submitting
or filling any Form/ Register/Slip under the provisions of these Regulations which is materially incorrect then
on the Report of the Inspecting Officers as defined in the Contractors Labour Regulations the Contractor
shall without prejudice to any other liability pay to the Corporation a sum not exceeding Rs. 50.00 as
liquidated damages for every default, breach or furnishing, making, submitting, filling materially incorrect
statement as may be fixed by the Engineer-in-Charge and in the event of the Contractor„s default continuing
in this respect, the liquidated damages may be enhanced to Rs. 50.00 per day for each day of default
subject to a maximum of ten percent of the estimated cost of the Works put to tender. The Engineer-in-
Charge shall deduct such amount from bills or security deposit of the Contractor and credit the same to the
Welfare Fund constituted under Regulations. The decision of the Engineer-in-Charge in this respect shall be
final and binding.
34.1. CONTRACT LABOUR REGULATIONS :
(i) Notice of commencement: The Contractor shall, within SEVEN days of commencement of the work,
furnish in writing to the Inspecting Officer of the area concerned the following information:
(a) Name and situation of the work.
(b) Contractor's name and address
(c) Particulars of the Department for which the work is undertaken,
(d) Name and address of sub-contractors as and when they are appointed.
(e) Commencement and probable duration of the work.
(f) Number of workers employed and likely to be employed.
(g) 'fair wages' for different categories of workers.
(h) Number of hours of work which shall constitute a normal working day:-
(i) The number of hours which shall constitute a normal working day for an adult shall be NINE hours.
The working day of an adult worker shall be so arranged that inclusive of intervals, if any, for rest it
shall not spread over more than twelve hours on any day, when an adult worker is made to work for
more than NINE hours on any day or for more than FORTY EIGHT hours in any week he shall, in
respect of overtime work, be paid wages at double the ordinary rate of wages.
(ii) Weekly day of rest: Every worker shall be given a weekly day of rest which shall be fixed and notified at
least TEN days in advance. A worker shall not be required or allowed to work on the weekly rest day unless
he has or will have a substituted rest day, on one of the five days immediately before or after the rest day.
Provided that no substitution shall be made which will result in the worker working for more than ten days
consecutively without a rest day for a whole day.
(a) Where in accordance with the foregoing provisions a worker works on the rest day and has been given a
substituted rest day he shall be paid wages for the work done on the weekly rest day at the overtime rate
of wages.
(b) Note: The expression 'ordinary rate of wages' means the fair wage the worker is entitled to.

32
(c) Display of notice regarding Wages, Weekly Day of Rest etc. The Contractor shall before he commences
his work on contract, display and correctly maintain and continue to display and correctly maintain in a
clean and legible condition in conspicuous places on the works, notice in English and in the local Indian
Language, spoken by majority of workers, giving the rate of fair wages, the hours of work for which such
wages are payable, the weekly rest days workers are entitled to and name and address of the Inspecting
Officer. The Contractor shall send a copy each of such notices to the Inspecting Officers.
(iii) Register of Workmen: A register of workmen shall be maintained in the Form appended to these
regulations and kept at the work site or as near to it as possible, and the relevant particulars of every
workman shall be entered therein within THREE days of his employment.
(iv) Employment Card: The contractor shall issue an employment card in the Form appended to these
regulations to each worker on the day of work or entry into his employment. If a worker already has any
such card with him issued by the previous employer, the contractor shall merely endorse that Employment
Card with relevant entries. On termination of employment the Employment Card shall again be endorsed by
the Contractor and returned to the worker.
(v) Register of Wages etc. : A Register of Wages-Cum-Muster Roll in the Form appended to these
regulations shall be maintained and kept at the work site or as near to it as possible.
(vi) Fines and deductions: Wages of a worker shall be paid to him without any deductions of any kind
except the deduction for damage to or loss of goods expressly entrusted to the employed person for
custody, or for loss of money which he is required to account for, where such damage or loss is directly
attributable to his neglect or default;
(a) No fine shall be imposed on a worker and no deductions for damage or loss shall be made from his
wages until the worker has been given an opportunity of showing cause against such fines or deductions.
(b) The Contractor shall maintain a register of fines and the register of deductions for damage or loss in the
Forms appended to these regulations which should be kept at the place of work.
(vii) Register of Accidents : The Contractor shall maintain a register of accidents in such form as may be
convenient at the work place but the same shall include the following particulars:--
(a) Full particulars of the labourers who met with accident.
(b) Rate of Wages.
(c) Sex.
(d) Age.
(e) EPF UAN number
(f) ESI number
(g) Aadhaar number
(h) Nature of accident and cause of accident.
(i) Time and date of accident.
(j) Date and time when admitted in hospital.
(k) Date of discharge from the hospital.
(l) Period of treatment and result of treatment.
(m) Percentage of loss of earning capacity and disability as assessed by Medical Officer.
(n) Claim required to be paid under Workmen's Compensation Act.
(o) Date of payment of compensation.
(p) Amount paid with details of the person to whom the same was paid.
(q) Authority by whom the compensation was assessed.
(r) Remarks.
[Note: k,l,m,n for the workmen not covered under the ESI provisions]
(viii) Preservation of Registers: The Register of workmen and the Register of Wages-cum-Muster Roll
required to be maintained under these Regulations shall be preserved for 3 years after the date on which
the last entry is made therein.
(ix) Enforcement: The Inspecting Officer shall either on his own motion or on a complaint received by him
33
carry out investigations, and send a report to the Engineer-in-Charge specifying the amounts representing
Workers' dues and amount of penalty to be imposed on the Contractor for breach of these Regulations, that
have to be recovered from the Contractor, indicating full details of the recoveries proposed and the reasons
there for. It shall be obligatory on the part of the Engineer-in-Charge on receipt of such a report to deduct
such amounts from payments due to the Contractor.
(x) Disposal of amounts recovered from the Contractor: The Engineer-in-Charge shall arrange payment to
workers concerned within FORTY FIVE days from receipt of a report from the Inspecting Officer except in
cases where the Contractor had made an appeal under Regulation 16 of these Regulations. In cases where
there is an appeal, payment of workers dues would be arranged by the Engineer-in-Charge, wherever such
payments arise, within THIRTY days from the date of receipt of the decision of the competent authority.
(xi) Welfare Fund: All moneys that are recovered by the Engineer-in-Charge by way of workers dues which
could not be disbursed to workers within the time limit prescribed above, due to reasons such as
whereabouts of workers not being known, death of a worker etc. and also amounts recovered as penalty,
shall be credited to a Fund to be kept under the custody of the Corporation for such benefit and welfare of
workmen employed by Contractors.
(xii) Appeal against decision of Inspecting Officer : Any person aggrieved by a decision of the Inspecting
Officer may appeal against such decision to the competent authority concerned within THIRTY days time
stipulated from the date of the decision, forwarding simultaneously a copy of his appeal to the Engineer-in-
Charge. The decision of the competent authority shall be final and binding upon the Contractor and the
workmen.
(xiii) Inspection of Books and other Documents : The Contractor shall allow inspection of the Registers and
other documents prescribed under these Regulations by Inspecting Officers and the Engineer-in- Charge or
his authorized representative at any time and by the worker or his agent on receipt of due notice at a
convenient time.
(xiv) Interpretation, etc.: On any question as to the application interpretation or effect of these Regulations,
the decision of the Commissioner of Labour (or) Director/ Industrial Safety and Health shall be final and
binding.
(xv) Amendments: Government may, from time to time, add to or amend these Regulation and issue such
directions as it may consider necessary for the proper implementation of these Regulations or for the
purpose of removing any difficulty which may arise in the administration thereof.
35.0 Compliance of EPF & MP Act, 1952:
(a) The Contractor who take up works contract for TANGEDCO/TANTRANSCO is required to comply with all
the relevant provisions stipulated in the EPF & MP Act;
(b) The Contractor should have a separate EPF main code number and Attested copy of EPF
Registration Number in their own name should be enclosed along with the offer.
(c) The Contractor should be responsible for the payment of necessary EPF contributions both Employer‟s
and Employee‟s contribution as per the provisions of the EPF Act in respect of the actual workers engaged
for the specified works.
(d) The contractor should submit necessary returns to EPF Organisation within the stipulated time as
required under the said EPF & MP Act.
(e) The Contractor should produce the proof of payment of contribution – both Employer‟s and Employee‟s
contributions made to EPF Organisation in order to claim the Bills for the respective works.
(f) The contractor should be fully liable to meet and fulfill all the relevant provisions of the EPF act in the
respect of the execution of the Tendered work.

In respect of the category of employee for whom the wages are fixed at the rate of Rs.500/-
and above in the current PWD Schedule rates (or) say the monthly wages of Rs.15,000/-
above. The EPF employer contribution will be restricted upto Rs.15,000/- only.
36.0 Compliance of ESI Act 1948:
(a) The contractor who take up the works contract for TANGEDCO & TANTRANSCO is required to comply
with all the provisions stipulated to ESI Act 1948.
(b) The contractor should have a separate ESI main code number and Attested copy of ESI
Registration Number in their own name should be enclosed along with the offer.
(c) The contractor should be responsible for the payment of necessary ESI contributions – both Employer‟s
and Employee‟s contributions as per the provisions of the ESI Act in respect of the actual workers engaged

34
for the specified works.
(d) The contractor should submit necessary returns to the ESI Organization within the stipulated time as
required under the said ESI Act.
(e) The contractor should produce the proof of payment of contributions - both Employer‟s and Employee‟s
contributions made to ESI Organization in order to claim the Bills for the respective work.
(f) The contractor should be fully liable to meet and fulfill all the relevant provisions of the ESI Act in
respect of the execution of the Tendered work.

(g) (i) The contractor who claims exemption under the ESI Act should produce the exemption order
obtained from the Government/ESI organization.
(ii) The contractor who claims exemption for those areas that are not covered under the purview of the
ESI Act, necessary evidences should be submitted by the contractor to ensure that the revenue village
where the work is being carried out has not been covered under the implemented area of ESI.
(iii) The category of employees (Technical Assistant II Grade) and above for whom the wages are fixed
at the rate of Rs. 700/- and above in the PWD Schedule rates (or) the monthly wages of Rs.21,000/-
above. Such employees will not be covered under the ESI Act. In all such conditions, the Contractor
has “to ensure the medical benefits for the Workers engaged by the Contractors for the works and has
to take relevant group insurance policies with the applicability for giving compensation to the workers”
under the Employee‟s Compensation Act.
37.0 Statutory Compliance Clearance Certificate:-
(a) The Contractor executing the works contract in TANGEDCO/TANTRANSCO should obtain the Statutory
Compliance Clearance Certification from the Online Compliance Service Providers engaged by TANGEDCO/
TANTRANSCO, the required documents should be submitted by the contractors to the respective Online
Compliance Service Providers.
(b) The charges for Statutory Compliance Clearance Certification will be at the rate of Rs.2.00/- per man
day per month with minimum charges of Rs.400/- and maximum charges of Rs. 3200/- and Rs.300/- for re-
audit due to reasons attributable to the contractor. The charges should be paid by the respective
contractors to the service provider through online.
38.0 The Building and Other construction Workers Act:- (other than the circle/station registered
under the Factories Act)
(a) The contractor should obtain the Registration certificate under the Building and Other construction
Workers (Regulation of Employment and Condition of Service) Act, 1996 from the Competent Authority (the
Joint Director/Industrial Safety and Health (BOCW)).
(b) The contractor should comply all the provisions of the Building and Other construction Workers
(Regulation of Employment and Condition of Service) Act, 1996.
39.0 The Contract Labour (Regulation & Abolition) Act 1970 & Rules 1975 and Inter-State
Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 & Rules
1983.
(a) The Contractor who take up works contract for TANGEDCO/TANTRANSCO should deploy sufficient
number of workmen for the work and the contractor should deploy 20 or more workmen on a day of
emergency (or) in necessity.
(b) The Contractors should comply with all the provisions of the Contract Labour (Regulation & Abolition)
Act, 1970 and Tamilnadu Contract Labour (Regulation & Abolition) Rules 1975 as modified from time to
time and shall also indemnify TANGEDCO/TANTRANSCO from all and against any claims under the aforesaid
Act and the Rules. The contractors should also submit the copy of the labour licence before executing the
works.
(c) The Contractors who desires to engage the migrant workmen (workmen from other states) for the
works contracts of TANGEDCO/TANTRANSCO is required to comply with all the provisions of the Inter-State
Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 and Tamilnadu rules,
1983 as modified from time to time and shall also indemnify TANGEDCO/TANTRANSCO from all and against
any claims under the aforesaid Act and the Rules The contractors should also submit the copy of the
migrant labour licence before executing the works.
(d) The contractors should maintain the following records as per section 78 of Contract Labour (Regulation
& Abolition) central rules 1971.
i) Muster Roll in Form – XVI.
ii) Register of Wages in Form – XVII.
35
iii) Register of overtime in Form – XVIII.
iv) The contractor shall issue an photo identity card to his employees.
40.0 Wages:-
(a) The Wages prescribed for the contractor/ industry/ establishment as per rates of Minimum Wages
notified by the Government of Tamilnadu under the Minimum Wages Act, 1948 or the current PWD rates of
wages, whichever is higher is to be paid by the contractor to their employees.
(b) The contractor should pay the wages before the expiry of seventh day as per section 65 and shall issue
wage slip in Form – XXVIII to the workmen as per section 78(b) of The Tamil Nadu Contract Labour Rules,
1973. The copies of the wage slip so issued to the workmen should be maintained by the contractor and
produced as when called for.
41.0 EPF Documents to be Produced for Claiming Bills:-
(a) The EPF contribution should be remitted separately (by separate Challan) for each and every work. The
acceptance order/ formal order reference number should be entered in the remarks column of the ECR
Challan (Electronic Challan Cum Return) and the same should be submitted.
(b) The payment confirmation receipt should be submitted (the payment confirmation date is mandatory)
(c) The combined Challan of Account No. 1,2,10,21 & 22 should be submitted.
(d) All the documents should duly signed with seal by the contractor.
42.0 ESI Documents for While Claiming Bills:-
(a) The Monthly Contribution Challan Form should be submitted (Transaction status field – completed
successfully is mandatory).
(b) The contribution history of the respective months should be submitted.
(c) The month wise statement should be submitted showing the details of the employees utilized by the
contractors for the specific work and the contribution remitted as per the below format.
S.No. IP.No IP.Name No. of days Wages IP Contributions
(d) All the documents should duly signed with seal by the contractor.
43.0 Tamil Nadu Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2020.
The contractor should comply/ maintain the applicable new combined forms introduced vide the following
Acts/ Rules.
(a) The Tamil Nadu Contract Labour (Regulation and Abolition) Rules, 1975.
(b) The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) (Tamil
Nadu) Rules, 1983.
(c) The Tamil Nadu Building and Other Construction Workers (Regulation of Employment and
Conditions of Service) Rules, 2006.
New Forms:
FORM I Certificate of Registration of Principal Employer/Employer (under 3 Rules)
FORM II Application for Licence/ Renewal of Licence (under CLRA and ISMW Rules)
FORM III Form of Certificate by Principal Employer (under CLRA and ISMW Rules)
FORM IV Certificate of Initial and Periodical Test and Examination of Various Appliances
(under BOCW Rules)
FORM V Application for Adjustment of Security Deposit (under CLRA and ISMW Rules)
FORM VI Licence and Renewal (under CLRA and ISMW Rules)
FORM VII Notice of commencement/ completion of work (under CLRA and BOCW Rules)
FORM VIII Service Certificate (under 3 Rules)
FORM IX Certificate of Medical Examination (under BOCW Rules)
FORM X Report on recruitment and employment of migrant workmen and cessation of
employment of migrant workmen (under ISMW Rules)
FORM XI Report of Poisoning or Occupational Notifiable Diseases/ Accidents and
Dangerous Occurrences (under BOCW Rules)
FORM XII Application for Registration of Establishments Employing Contract Labour or
Migrant Workmen or Building Workers (under 3 Rules)
44.0 Agreement and Undertaking to be furnished by the contractors in respect of the Statutory
Provisions:-
(a) An undertaking as specified in Annexure-II should also be obtained from the contractors to ensure the
remittance of EPF & ESI, Employee and Employer contribution for the respective works while claiming the
bills.
36
(b) The TNEB (TANGEDCO/ TANTRANSCO) registered contractor, who wants to execute the works in a
circle shall be instructed to execute an agreement with respective Superintending Engineer‟s of the circle.

45.0 SAFETY CONDITION:-


(i) All the relevant personal protective equipments like safety helmets, safety shoes, safety belt, goggles,
nose mask, face mask, dust respirator, asbestos sult, apron, leg guards, rubber gloves, face shield hand
sleeves, ear plug, ear muff, fiber helmet, fall net etc., should be supplied by the contractors to their
workmen and ensure for proper usage by their workers without fail.
(ii) Proper welding machines with accessories, good and sound construction of hand tools, power tools such
as grinding machines, cutting machines, chipping tools, scaffolding materials, etc., should be used. Proper
earthing to be provided wherever necessary.
(iii) The contractor shall not allow his workmen to wear loose garments, like lingoes, dhotis, watches, loose
jewels and bangles, etc., while at work and smoke cigarettes, beedies etc., inside the power house
premises.
(iv) The contractor shall ensure that his workmen to wear tight full or half pant while at work inside the
powerhouse premises.
(v) Technically skilled and also safety-oriented supervisor should supervise the work at all time.
(vi) If any accident occurs, it should be informed to the concerned officer of TANGEDCO in writing by the
concerned contractor immediately.
(vii) For any safety violation and non-compliance of the statutory provisions and rules the contractor is sole
responsible and the contractor is liable for any prosecution and imposition of penalty as per the rules in
force.
(a) Every opening in floor of a building or in a working platform shall be provided with suitable means to
prevent fall of persons or materials by providing suitable fencing or railing with a minimum height of 1
meter.
(b) All practical steps shall be taken to prevent danger to persons employed, from risk or fire or explosion,
or flooding. No floor, roof, or other part of a building shall be so overloaded with debris or materials as to
render it unsafe.
All necessary personal safety equipment as considered adequate by the Engineer-in-Charge shall be
available for use of persons employed on the Site and maintained in a condition suitable for immediate use;
and the Contractor shall take adequate steps to ensure proper use of equipment by those concerned.
(i) When workers are employed in sewers and manholes, which are in use the Contractor shall ensure that
manhole covers are opened and manholes are ventilated at least for an hour before workers are allowed to
get into them. Manholes so opened shall be cordoned off with suitable railing and provided with warning
signals or boards to prevent accident to public.
(a) No paint containing lead or lead products shall be used except in the form of paste or readymade paint.
(b) Suitable face masks shall be supplied for use by workers when paint is applied in the form of spray or a
surface having lead paint dry rubbed and scrapped.
(ii) Use of hoisting machines and tackle including their attachments, anchorage and supports shall conform
to the following :–
(a) These shall be of good mechanical construction, sound material and adequate strength and free from
patent defects and shall be kept in good working order and properly maintained.
(b) Every rope used in hoisting or lowering materials or as a means of suspension shall be of durable quality
and adequate strength, and free from patent defects.
(iii) The Contractor shall at his own expense arrange for the safety provisions as appended to these
conditions or as required by the Engineer-in-Charge, in respect of all labour directly employed for
performance of the works and shall provide all facilities in connection therewith. In case the Contractor fails
to make arrangements and provide necessary facilities as aforesaid, the Engineer-in-Charge shall be entitled
to do so and recover the cost thereof from the Contractor.
(iv) Failure to comply with Safety Code shall make the Contractor liable to pay to the Corporation as
liquidated damages an amount not exceeding Rs. 50.00 for each default or materially incorrect statement.
The decision of the Engineer-in-Charge in such matters based on reports from the Inspecting Officers as
defined in the Contract Labour Regulation as appended to these conditions shall be final and binding and
deductions for recovery of such liquidated damages may be made from any amount payable to the
Contractor.
(a) All scaffolds, ladders and other safety devices mentioned or described herein shall be maintained in a
37
safe condition and no scaffold, ladder or equipment shall be altered or removed while it is in use. Adequate
washing facilities shall be provided at or near places of work.
(b) These safety provisions shall be brought to the notice of all concerned by display on a notice board at a
prominent place at the work spot. Persons responsible for ensuring compliance with the Safety Code shall
be named therein by the Contractor.
(c) To ensure effective enforcement of the rules and regulations relating to safety precautions,
arrangements made by the Contractor shall be open to inspection by the Engineer-in-Charge or his
representatives and the Inspecting Officers as defined in the Acts/Rules applicable.
(d) The Contractor is not exempted from the operation of any other Act or Rule in force.
46.0 SPECIAL CONDITIONS TO EXECUTE THE WORK FOR TANGEDCO & TANTRANSCO:
The Contractor should provide the following:
a) The contractor should provide the specified number of manpower to execute the work with the
required qualification and experience. The bills will be processed accordingly.
b) The contractor has to quote the rate, considering all the Statutory Obligations to be complied with in
respect of workmen to be engaged for the works contract/ service contract. The base price will be fixed
for the Tender accordingly.
c) The contractor has to quote considering the base price and has to submit the breakup details of
the Statutory Components for the proposed number of workmen to be engaged for the
works contract/ service contract to be executed while quoting the rate for the tenders.
d) If more than one tenderer quote the same rate, the tender will be finalized in accordance to the
procedures prescribed in the Tender Transparency Act. The contracts without the breakup details
of the Statutory Compliances will not be considered for evaluation and the same will be
summarily rejected.
e) In case of any increase in minimum wages (as per the PWD Schedule Rates of Wages/ Minimum Wages
Act), the same along with consequential statutory benefits shall be reimbursed on production of
documentary evidence.
f) Necessary approval has to be accorded by the competent authority for the face value enhancement due
to the increase in statutory liabilities.
47.0. OTHER CONDITIONS
1) All tools & tackles such as welding generator, gas cutting set, chain blocks, etc. required for the work
should be brought by the contractor. The contractor should ensure for healthiness/working conditions of
tools & tackles. Only special tools and plants such as EOT crane shall be availed at free of cost, if
feasible.
2) Oxygen & DA gas, MS welding electrodes, Gouging, Cutting electrodes and all other miscellaneous
consumables required for the work should be brought by the contractor. However, the consumables
which go with the equipment shall be supplied by the TANGEDCO at free of cost.
3) Chain blocks, Wire ropes, slings and shackles whenever supplied or used by the contractor shall be
got approved by the Engineer of the TANGEDCO at site before they are actually used on the works.
4) All consumable items like cloth, cotton waste, kerosene, gas, diesel, lubricants, etc will be in the scope
of the contractor.
5) The CONTRACTOR shall supply all information regarding supplying of materials and progress of work, as
is required by the ENGINEER for compiling the daily progress reports.
(i) Contractor shall submit following documents to the Engineer-in-charge for verification purpose of
the bill:Copy of invoices, in pass for the materials and the Tools and plants brought and used for
this work.
(ii) Copy of receipt for the board materials
6) If any equipment or part are found damaged due to negligent / faulty maintenance the equipment cost
of such damages shall be recovered from the contractor‟s monthly bill/retention money/security deposit.
7) The contractor has to shift spares, lubricant etc in required quantity duly approved by TANGEDCO
engineer whenever necessary from TANGEDCO store / warehouse to site or site store as per the

38
instruction of engineer in charge. Contractor has to arrange transportation for above. The cost of
transportation will be on contractor‟s account. The contractor is responsible for safe transportation,
handling and storage of board materials.
8) In case of breakdown of equipment, the contractor should work round the clock for putting back the
equipment in service immediately within minimum time. In case of any emergency arising during night
hours/Sunday/PH the contractor should be in a position to mobilize the manpower immediately within
minimum time.
9) All new replacements either spare parts or any other shall be inspected and approved by TANGEDCO
engineer in charge before its actual use in work.
10) It is the contractors responsibility to ensure without failure Immediately after completion of
maintenance job, that the work area has to be cleaned by removing all the tools, scrap, cotton waste,
oil, grease etc,.
11) In the event of the contractor's labour resorting to strike or the contractor reporting to look out the
TANGEDCO shall have the right to go ahead with the work employing its own labour or through
other agencies or both and the cost incurred thereon by the TANGEDCO shall be deducted from the
contractors bill /EMD etc.
12) All such works, which are required to be done for the satisfactory completion or commissioning or
running of the equipments though not specifically mentioned above have to be done by the contractor
at no extra cost. The decision on such works shall rest with the Engineer-incharge and also with
Superintending Engineer/ Mechanical-II/ NCTPS-II.
13) If the progress of work is not satisfactory, the undersigned reserves the right to entrust the whole or
part of the balance work to any other contractor after intimating the contractor in writing.
14) Electricity, Water and air shall be supplied by the TANGEDCO at free of cost and the contractor should
make his own arrangement to tap it from the nearest point. Necessary main switch TANGEDCO,s and
other arrangement should be done by the contractor at his cost and supply shall be provided to his
main TANGEDCO,s from the nearest supply point. Only 24 V hand lamp should be used for internal
works.
15) The contractor should be the custodian of all the portable fire extinguishers and other major T&P
handed over to him and any other minor equipment which are likely to be easily dismantled and taken
away.
16) a. As per the safety regulations, LPG should never be used in place of DA Gas. If LPG usage has been
found, the awarded work will be suspended and penalty of Rs. 500/- will be recovered from the
contractors bill and the contract is liable for cancellation.
b. For lighting up gas cutting torches, the contractor should use only gas lighter and should not use
unscientific methods or rope burning or wood burning or welding arc method.
17) On no account TANGEDCO employee shall be engaged by the contractor.
18) Whenever the contractor does not commence the work as agreed the Earnest Money Deposit/Security
Deposit paid by the Contractor shall be forfeited in terms of the contract and his/their name will be
black listed after due notice. In addition the difference on prices Agreed to by the failed contractors and
the higher rate at which the works are to be entrusted with others, because of the failure of the ordered
contractors shall be recovered from the failed contractors on any of his/their pending bills.
19) For taking out materials from North Chennai Thermal Power Station-II and vice versa, all the transaction
should be done through NCTPS-II Stores. In respect of reconditioning / repairs/fabrication works, after
furnishing necessary indemnity bond for the value of materials.
20) The workmen deployed for the works shall have no lien or claim permanency for the works they are
engaged for.
21) The contract will be terminated at any time due to Administrative reasons and according to site
condition without prior notice.

39
22) The contractor should mobilize himself well in advance and start the work immediately and complete
the specified works satisfactorily within the stipulated period.
23) The contractor or his authorized supervisor / representative should available at site throughout the
period of work. The contractor should intimate the name of representative before Commencing the
work.
24) Separate work force should be engaged by the contractor and the work should be completed as per the
target fixed by engaged workmen round the clock for each/ equipment and as per the direction of the
TANGEDCO Engineer in charge.
25) The contractor should engage only skilled and experienced workmen.
26) The Executive Engineer will turn down any person who is unfit for the work.
27) There should not be any hindrance to other departmental/ contractor workers working nearby.
28) Drawl of materials from central stores / sub stores and devolution of materials to central stores / sub
stores should be done by the contractor.
29) The contract workman should have entry pass or token pass with him while he is inside the Power
House.
30) Identity cards to the contract workers which have to be issued by the respective contractors.
31) All the scrap/waste oil generated should be disposed off to the scrape yard or any other designated
place as instructed by Engineer in Charge.
32) Insulation scrap materials like glass wool, ceramic wool etc. should be collected in gunny bags with
proper care and then disposed it at suitable location as per the instruction of engineer in charge.

40
Tamil Nadu Generation and Distribution Corporation Limited
(A successor entity of the Tamil Nadu Electricity Board)

SPECIFICATION NO. SE/MECH-II/O&M/NCTPS–II/ 10 /24-25.

Name of work: NCTPS II - M II Circle - TM Dn - ACS .SDn III – Debris Filter - Unit-I & II –
Reconditioning of condenser debris filter top gear box and worm planetary gear
box during AOH / COH for the year 2024-25.

SCHEDULE -A

Sl. Qty Unit Description Unit rate in Rs.


No. (in figure & words)
Dismantling, cleaning, replacing of worn out worm wheel
by fabrication, reconditioning of gear box body by metal
1 6 Nos Price to be quoted online only
build up and machining required size, assembling all parts
of motor drive top gear box of debris filter.
Charges for reconditioning of condenser debris filter
worm planetary gear box by dismantling the gear box,
2 6 Nos Price to be quoted online only
fabrication & machining of worm wheel, reconditioning of
gear box internals and assembling the gear box.

GST

Note : The employer contribution towards EPF & ESI over & above the accepted value of works will
not be reimbursed by TANGEDCO (It will be born by the contractor only).

PAN NO: Signature of the contractor

DATE:

Address
SEAL OF THE COMPANY:

41
SCHEDULE-B
QUESTIONNAIRE FORM
INSTRUCTIONS:
a) Strike off, whichever is not applicable.
b) Separate sheets should be used, wherever necessary
Sl.no Particulars Bidders Response
1 Name & Address of the Firm / Company

Registered Office
Factory / works Address
Fax No.
Telegraphic Address
2 Name, Designation & Address of the person signing the tender
3 EARNEST MONEY DEPOSIT
(a) Mode of Payment Online /Exemption from
(b) Details of Online Payment payment of EMG/BG
If exempted, Ref No:
(a) Udyam Registration Certificate/NSIC regarding exemption YES/NO
enclosed
(b) PEMD enclosed YES/NO

4 PAN, EPF,ESI,AND GST


whether proof of PAN number uploaded YES / NO
whether proof of EPF number uploaded YES / NO
whether proof of ESI number uploaded YES / NO
whether proof of GST YES / NO
HSN/Account Code of service (SAC)
Note: The above break-up details should be furnished clearly without
any ambiguity along with the technical bid.
5 GENERAL & COMMERCIAL TERMS
WHETHER YOU ARE AGREEABLE FOR THE FOLLOWING CLAUSES
SPECIFIED IN SECTION IV OF TENDER SPECIFICATION

a) Payment terms (clause 06) YES / NO


b) Period of Contract (clause 8) YES / NO
c)Liquidated Damages (Clause 5) YES / NO
d) Security Deposit (clause 4) YES / NO
e) Jurisdiction for legal proceedings (clause 27) YES / NO
(whether Necessary Undertaking uploaded)
g) Guarantee (clause 7) YES / NO

6 TENDER ACCEPTANCE LETTER


Whether Tender acceptance letter as per Annexure-II signed with YES / NO
company Seal on letter head and uploaded in the technical Bid
UNDERTAKING
I, , Sole proprietor of M/s. , hereby state that thedetails 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)


42
ANNEXURE-I

FORMAT FOR UNDERTAKING TOWARDS JURISDICTION FOR LEGAL PROCEEDINGSin Rs.80.00


Stamp paper

THIS DEED OF UNDERTAKING EXECUTED AT ---------------------- ON THIS THE


………………………………………………… BY Messers…………………………………
hereinafter called the “TENDERER” (which expression where the context so admits mean and include
theiragents, Representatives, Successors – in – Office and Assigns).

TO AND and in favour of TAMILNADU GENERATION AND DISTRIBUTION CORPORATION


LIMITED,a subsidiary of TNEB Limited, formed on 1st November 2015 under section 131 of the Electricity
Act of 2003and is the successor to erstwhile TAMILNADU ELECTRICITY BOARD, having its office at NPKRR
MAALIGAI,Electricity Avenue, 144, Anna Salai, Chennai - 600 002, herein after called the “TANGEDCO”
(whichexpression shall where the context so admits mean and include the successors – in – office and
assigns).

WHEREAS the TANGEDCO has called for acceptance of jurisdiction of legal proceedings.

NOW THIS UNDERTAKING WITNESSETH that No suits or any proceedings in regard to any
matterarising in any respect under this contract shall be instituted in any court save in the Civil court of
Chennai orthecourt of small causes in Chennai. It is agreed that no other court shall have jurisdiction
toentertain any suit or proceedings eventhough part of the cause of action might arise within
theirjurisdiction. In case, any part of the cause of action arises within the jurisdiction of any of the courts
inTamil Nadu and not in the courts of Chennai City, then it is agreed to between the parties that such suits
orproceedings shall be instituted in a court within Tamil Nadu and no other court outside Tamil Nadu
shallhave jurisdiction even though any part of cause of action might arise within the jurisdiction of such
courts.

IN WITNESS WHERE OF Thiru………………….. acting for and on behalf of the Tenderer has signed this deed
onthe day, month and year herein before first mentioned.

In the presence of Witnesses :

(With complete address)

SIGNATURE :

NAME IN BLOCK LETTERS :

SEAL OF THE COMPANY :

43
ANNEXURE II
DECLARATION FORM
To be signed with company seal on letter head and uploaded in the technical Bid

TENDER ACCEPTANCE LETTER

(To be given on Company Letter Head) Date:

To,

----------------------------------

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:
---------------------------------------------------------------------------------------------------

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)

44
ANNEXURE – III

SELF-DECLARATION
To be signed with company seal on letter head and uploaded in the technical Bid

ACCEPTANCE LETTER to pay amount equivalent to EMD

(To be given on Company Letter Head) Date:

To,

----------------------------------

Sub: Acceptance of Terms & Conditions of Tender.

Tender Reference No: ------------------------

Name of Tender/Work

Dear Sir,

I/We ________________ hereby accept and authorize the TANGEDCO to recover the amount
equivalent to EMD Rs. ______________ (Rupees ____________________ (IN WORDS)) together with
costs if any, in the event of non-fulfilment of the conditions stipulated in the tender specification i.e in all
cases where EMD paid shall be forfeited along with applicable GST.

SIGNATURE

NAME IN BLOCK LETTERS

SEAL OF THE COMPANY.

Note: Those who claim EMD exemption by enclosing UDYAM Registration certificate/NSIC
should compulsorily enclose/upload the duly filled endorsed Self Declaration form in letter
head with company seal otherwise the offer will be summarily rejected.

45
ANNEXURE-IV
Declaration to be submitted by the bidders in NJS paper of value not less
than Rs.80/-
To

The Chief Engineer (concerned),


TANGEDCO.

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 GSTAct 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 onany 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 wehere by declare that we are extending Rs. /- of % as
rebate in my awarded price against input tax credit benefit.

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 bidder with Company Seal.

Note:

Bidder may strike out the para not applicable

46
ANNEXURE-V
Declaration towards EPF & ESI remittances
(The undertaking should be submitted by the contractors in 80 rupees NJS paper for the
respective works while claiming the part / final bills).
Nature of Work:
Order No:
Name of the Contractor:
EPF Main Code Number:
ESI Main Code Number:
Nature of the work:
Contract/K2 Agreement No:
i. I/We hereby state that ......................................(Name of the Contractor) has been duly
registered under EPF Act and ESI Act vide main Code number ................... and
.................... respectively.
ii. I/We hereby declare that the EPF & ESI employee and employer contribution has been
remitted for all the workers engaged for execution of the subject contract entered with
TANGEDCO.
iii. I/We hereby certify that there are no EPF & ESI dues to be remitted in respect of the period
of execution of the subject contract and in case, any shortfall of discharging the EPF & ESI
obligations is found on our part at later date, TANGEDCO shall not be responsible for the
consequent legal/financial obligations.
iv. In the event of EPF & ESI obligations are found on our part in respect of subject contact,
the same will be duly discharged by me/us to be respective authorities.

Authorized Signatory of the Contractor


(With name, designation, seal and company seal)
Date:
Place:

47

You might also like